STAND. COM. REP. NO. 2217

Honolulu, Hawaii

RE:    S.B. No. 2658

       S.D. 1

Honorable Donna Mercado Kim

President of the Senate

Twenty-Seventh State Legislature

Regular Session of 2014

State of Hawaii

Madam:

     Your Committees on Energy and Environment and Agriculture, to which was referred S.B. No. 2658 entitled:

"A BILL FOR AN ACT RELATING TO SOLAR ENERGY,"

beg leave to report as follows:

     The purpose and intent of this measure is to:

     (1)  Require that solar energy facilities on agricultural lands with an overall productivity rating of class B or C occupy up to thirty, rather than ten, percent of the acreage of the parcel or two or more adjacent parcels having met certain county requirements; provided that the area occupied by the solar energy facilities in excess of twenty acres shall only be made available for agricultural activities compatible with the solar energy facilities; and

     (2)  Require that solar energy facilities be removed from the land within twelve months when the facilities are no longer in operation.

     Your Committees received testimony in support of this measure from the Hawaii Renewable Energy Alliance, The Pacific Resource Partnership, Blue Planet Foundation, Tin Roof Ranch, First Wind Solar Group, and one individual.  Your Committees received comments on this measure from the Department of Business, Economic Development, and Tourism; Department of Agriculture; Land Use Commission; and Office of Planning.

     Your Committees find that renewable energy development is essential to Hawaii's energy security.  Allowing solar energy facilities within the agricultural district furthers and is consistent with the purposes, standards, and criteria of uses within agricultural lands, while increasing Hawaii's energy self‑sufficiency and food security.

     Your Committees have amended this measure by:

     (1)  Clarifying that where the area occupied by a solar energy facility within an agricultural district with an overall productivity rating of class B or C is in excess of twenty acres, the area shall be made available for agricultural activities that are compatible with the solar energy facilities at a lease rate that is at least fifty percent below fair market rent for comparable properties; and

     (2)  Making a technical, nonsubstantive amendment for the purposes of clarity and consistency.

     As affirmed by the records of votes of the members of your Committees on Energy and Environment and Agriculture that are attached to this report, your Committees are in accord with the intent and purpose of S.B. No. 2658, as amended herein, and recommend that it pass Second Reading in the form attached hereto as S.B. No. 2658, S.D. 1, and be referred to the Committee on Water and Land.

Respectfully submitted on behalf of the members of the Committees on Energy and Environment and Agriculture,

____________________________ CLARENCE K. NISHIHARA, Chair

____________________________ MIKE GABBARD, Chair