HOUSE OF REPRESENTATIVES	H.B. NO.	2971
TWENTY-FIFTH LEGISLATURE, 2010		H.D. 1
STATE OF HAWAII

A BILL FOR AN ACT

RELATING TO RENEWABLE ENERGY FACILITY SITING PROCESS.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

     SECTION 1.  The legislature finds that many of Hawaii's most desirable renewable energy resources, such as wind, may be found on one island, while the majority of Hawaii's population and load center is located on another island.  While the legislature acknowledges the benefits of a statewide systems approach to transition to a clean energy future, this transition may occur in a manner that harvests renewable energy from one island to benefit the residents of another island.  Therefore, serious consideration must be given to the social, economic, and environmental justice issues that may impact the island hosting the renewable energy facility.

     The legislature also finds that while the public hearing process seeks to receive and respond to community input, rarely does real and substantive negotiation occur in a public setting.  Therefore, to create a viable forum, and to ensure that the affected host island shares in the benefits of a substantial project, many communities throughout the country and the world are using community benefits agreements to outline specific commitments that are legally enforceable, in exchange for the permitting of development projects, including renewable energy projects.

     The purpose of this Act is to require the energy resources coordinator to:

(1)  Convene an applicant and stakeholder groups from the affected host island where a proposed renewable energy facility will export the majority of the electricity generated from the facility offshore, for the purpose of negotiating a binding community benefits agreement prior to a project's final approval; and

(2)  Include representatives from the island where a renewable energy facility is proposed to be developed when determining the terms and conditions of the permit plan and permits and community benefits agreements.

     SECTION 2.  Section 201N-3, Hawaii Revised Statutes, is amended to read as follows:

     "[[]§201N-3[]]  General duties of the coordinator. (a)  The coordinator shall:

     (1)  Consult with appropriate state and county agencies to develop and establish a permit plan application format and procedure designed to ensure a timely review to obtain required permits and approvals for renewable energy facilities;

     (2)  Receive a permit plan application, in a form as the coordinator shall prescribe, from an applicant for the approval of the siting, development, construction, and operation of a renewable energy facility, with an appropriate initial application fee as determined by the coordinator;

     (3)  Identify all state and county permits necessary for approval of the renewable energy facility;

     (4)  Assist in the permit plan application process by coordinating permitting processes, giving technical assistance, overseeing the creation of the permit plan, and providing general oversight to facilitate the timely review and permitting of the siting of a renewable energy facility;

     (5)  Gather from the applicant any information the coordinator finds relevant and necessary for the reviewing and processing of a permit application by the federal, state, and county agencies;

     (6)  Coordinate public meetings on the island where a renewable energy facility is proposed to be developed to:

         (A)  Allow members of the affected communities to provide input regarding the development of the renewable energy facility;

         (B)  Promote public awareness of the plan for the renewable energy facility in the proposed area; and

         (C)  Allow the coordinator, the applicant, and any applicable agency to gain public sentiment and input regarding the proposed development of the renewable energy facility, and incorporate the public sentiment and input into the planning of the proposed renewable energy facility; [and]

     (7)  Work with the federal, state, and county agencies and the applicant and representatives from the island where a renewable energy facility is proposed to be developed to determine the terms and conditions of the permit plan and permits that are necessary to effectuate this chapter and to protect the public health and safety and promote the general welfare[.]; and

(8) Convene an applicant seeking to develop a renewable energy facility and stakeholder groups from the host island for the purpose of negotiating a community benefits agreement when the proposed renewable energy facility exports a majority of the electricity generated from the facility offshore.

(b)  For purposes of this section, "community benefits agreement" is a negotiated and enforceable contract between an applicant and community stakeholder groups that ensures benefits to the affected host island before the finalization of the permitting process."

     SECTION 3.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 4.  This Act shall take effect upon its approval.

Report Title:

Renewable Energy Facilities; Community Benefits Agreements

Description:

Requires the Energy Resources Coordinator to include representatives from the island where a proposed renewable energy facility will be located to determine the terms and conditions of its permit plan and permits.  Requires Coordinator to convene the applicant and community stakeholder groups to negotiate a community benefits agreement.  (HB2971 HD1)

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