STAND. COM. REP. NO.  1276-16

Honolulu, Hawaii

                , 2016

RE:   S.B. No. 2535

      S.D. 2

      H.D. 1

Honorable Joseph M. Souki

Speaker, House of Representatives

Twenty-Eighth State Legislature

Regular Session of 2016

State of Hawaii

Sir:

     Your Committees on Energy & Environmental Protection and Water & Land, to which was referred S.B. No. 2535, S.D. 2, entitled:

"A BILL FOR AN ACT RELATING TO GEOTHERMAL,"

beg leave to report as follows:

The purpose of this measure is to promote uniformity throughout Hawaii with respect to geothermal energy by:

     (1)  Clarifying that the regulation of geothermal resources development and geothermal resources exploration are reserved to the State, unless delegated to the counties by statute;

     (2)  Requiring the lessee of a mining lease to comply with state and county laws relating to building, grading, and flood control codes; and

     (3)  Requiring the rules of the Board of Land and Natural Resources regarding mining operations, geothermal resources development, and geothermal resources exploration, including drilling conditions and restrictions, to be uniform throughout Hawaii.

The Geothermal Energy Association, Hawaii Association of Realtors, Hawaii Laborers-Employers Cooperation and Education Trust, Ormat Nevada Inc., Chamber of Commerce of Hawaii, Hawaii Island Chamber of Commerce, Japanese Chamber of Commerce and Industry of Hawaii, Island Energy Inquiry, and numerous concerned individuals supported this measure.  The Department of Land and Natural Resources supported the intent of the measure.  Puna Pono Alliance; Life of the Land; Pele Lani Farm LLC; Malama O Puna; Malu ‘Aina; We Are One, Inc.; and numerous concerned individuals opposed the measure.  The Office of Hawaiian Affairs; Department of Business, Economic Development, and Tourism; Hawaii County Civil Defense Agency; and two concerned individuals submitted comments.  

     Your Committees have amended this measure by deleting its substantive contents while stakeholders work out their differences.

     As affirmed by the records of votes of the members of your Committees on Energy & Environmental Protection and Water & Land that are attached to this report, your Committees are in accord with the intent and purpose of S.B. No. 2535, S.D. 2, as amended herein, and recommend that it pass Second Reading in the form attached hereto as S.B. No. 2535, S.D. 2, H.D. 1, and be referred to your Committee on Finance.

Respectfully submitted on behalf of the members of the Committees on Energy & Environmental Protection and Water & Land,

____________________________ RYAN I. YAMANE, Chair

____________________________ CHRIS LEE, Chair