THE SENATE	S.B. NO.	2803
THIRTIETH LEGISLATURE, 2020
STATE OF HAWAII

A BILL FOR AN ACT

RELATING TO WIND ENERGY.

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

SECTION 1. The legislature finds that while wind-powered energy systems are a valuable source of renewable energy, there may be many unintended adverse health consequences of wind-powered energy systems. Communities near wind-powered energy systems are often subject to extended exposure to excessive noise levels and are concerned about the safety of children, who are especially vulnerable to noise pollution.

The legislature further finds that residents living near wind-powered energy systems have reported other negative health impacts, including earaches, dizziness, fainting, migraines, and trouble sleeping. These symptoms are in addition to nuisance noise levels and shadow flickers caused by the operation of the wind-powered systems.

The purpose of this Act is to require all utility scale wind energy facilities operating within two miles of a residential area to provide a longitudinal monitoring study of residents living within two miles of the facility.

SECTION 2. Chapter 196, Hawaii Revised Statutes, is amended by adding a new section to part I to be appropriately designated and to read as follows:

"§196-   Wind energy facilities; study. (a) All utility scale wind energy facilities operating within two miles of a residentially zoned area shall provide for a longitudinal health monitoring study of residents living within two miles of the facility. This study shall include, but not be limited to, potential adverse health effect on humans from facility generated infra sound, low frequency sound, audible sound, and shadow flicker. Utility scale wind energy facilities shall determine baseline levels for this study before commencement of operations; provided that a facility already in operation shall determine baseline levels within six months of passage of this Act, during a period when the wind facility is not operating.

(b) Each longitudinal study required in subsection (a) shall be conducted in coordination with the department of health, the data shall be collected for a minimum of five years, and the study shall be funded by the utility scale wind energy facility.

(c) For the purposes of this section:

"Utility scale wind energy facility" means any identifiable facility, equipment, apparatus, structure, or the like capable of generating at least five megawatts of power that converts wind energy to useful thermal or electrical energy for heating, cooling, or reducing the use of other types of energy that are dependent upon fossil fuel for their generation."

SECTION 3. New statutory material is underscored.

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

INTRODUCED BY:

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Report Title:

Wind Energy Facility; Study

Description:

Requires all utility scale wind energy facilities operating within two miles of a residential area to provide a longitudinal monitoring study of residents living within two miles of the facility.

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