STAND. COM. REP. NO. 139-20

Honolulu, Hawaii

, 2020

RE: H.B. No. 2188

H.D. 1

Honorable Scott K. Saiki

Speaker, House of Representatives

Thirtieth State Legislature

Regular Session of 2020

State of Hawaii

Sir:

Your Committee on Energy & Environmental Protection, to which was referred H.B. No. 2188 entitled:

"A BILL FOR AN ACT RELATING TO WIND ENERGY FACILITIES,"

begs leave to report as follows:

The purpose of this measure is to establish a one-mile setback from the nearest farm or residential dwelling unit for certain wind energy facilities in the agricultural district.

Your Committee received testimony in support of this measure from the Kahuku Agricultural Park Association, Life of the Land, Surfrider Oahu, and numerous individuals. Your Committee received testimony in opposition to this measure from eight individuals. Your Committee received comments on this measure from the Hawaii State Energy Office and Hawaiian Electric.

Your Committee finds that wind energy facility siting or setback requirements vary across the nation, with various approaches to their establishment. Setback requirements are usually defined with respect to the height of the system. Of the states with substantial local autonomy, only two states have established statewide setback requirements. This measure is important to continuing the conversation about the appropriate distance for certain wind energy facilities from dwellings.

Your Committee has amended this measure by:

(1) Amending the setback distance from one mile to an unspecified distance;

(2) Inserting language to require the University of Hawaii at Manoa John A. Burns School of Medicine to conduct or contract for a study on the effects of noise produced by certain wind energy facilities in Hawaii on the health of residents and students;

(3) Appropriating an unspecified amount for the University of Hawaii at Manoa John A. Burns School of Medicine to conduct the study; and

(4) Changing the effective date to July 1, 2050, to encourage further discussion.

As affirmed by the record of votes of the members of your Committee on Energy & Environmental Protection that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 2188, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 2188, H.D. 1, and be referred to your Committee on Judiciary.

Respectfully submitted on behalf of the members of the Committee on Energy & Environmental Protection,

____________________________

NICOLE E. LOWEN, Chair