THE SENATE	S.B. NO.	188
TWENTY-SIXTH LEGISLATURE, 2011
STATE OF HAWAII

A BILL FOR AN ACT

RELATING TO FOSSIL FUELS.

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

     SECTION 1.  Chapter 269, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

     "§269‑   Fossil-fueled, electricity-generating facility; restrictions. (a) Beginning on July 1, 2011, no state or county agency shall permit:

(1) The construction of a new electricity-generating facility that generates electricity from fossil fuel, where the electrical output rating of the new equipment exceeds 2.0 megawatts; or

(2) An expansion in generating capacity of an existing, electricity-generating facility that generates electricity from fossil fuel, where the incremental electrical output rating of the new equipment exceeds 2.0 megawatts,

unless the applicant is an electric utility company that demonstrates present compliance with, and a reasonable projection for future compliance with, part V of this chapter. 

(b)  No electric utility company shall enter into an agreement for the purchase of electricity from an electricity-generating facility built after December 31, 2011, that generates electricity from fossil fuel, unless the electric utility demonstrates present compliance with, and a reasonable projection for future compliance with, part V of this chapter.

(c)  Nothing in this section shall prevent an electricity-generating facility from retrofitting or replacing its existing electricity-generating units to improve operational efficiency or to lower greenhouse gas emissions.

(d)  If the governor determines that application of subsections (a) and (b) to an electric utility is causing or will cause imminent peril to the public health and safety, the governor, without a public hearing, may declare subsections (a) and (b) to be inapplicable and may take any and all other actions necessary to address the imminent peril; provided that the declaration shall set a place and time, not later than sixty days after the declaration was made, for the public utilities commission, pursuant to the powers and duties conferred on it by this chapter, to hold a hearing on the electric utility's proposal to construct or expand an electricity-generating facility.  Nothing in this section shall be construed to limit any power of the governor or any other officer to declare an emergency and act on the basis of that declaration, if the power inheres to the governor or officer's office or is statutorily or constitutionally conferred on the governor or officer."

     SECTION 2.  This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

     SECTION 3.  New statutory material is underscored.

     SECTION 4.  This Act shall take effect on July 1, 2011.

INTRODUCED BY:

_____________________________

Report Title:

Fossil-Fueled, Electricity-Generating Facility; Restriction

Description:

Restricts any new construction of or expansion of existing fossil-fueled, electricity-generating facilities unless the electric utility company can demonstrate compliance with the renewable energy portfolio standards; exempts any retrofit or replacement for the purposes of improved efficiency or to lower greenhouse gas emissions; provides exemption if an emergency is declared.

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.