Bill Text: HI HB981 | 2011 | Regular Session | Introduced

Hawaii House Bill 981 (Prior Session Legislation)

Introduced

Bill Title: Renewable Energy Facilities; Community Benefits Agreements

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2011-02-01 - (H) The committee(s) recommends that the measure be deferred. [HB981 Detail]

Download: Hawaii-2011-HB981-Introduced.html

HOUSE OF REPRESENTATIVES	H.B. NO.	981
TWENTY-SIXTH LEGISLATURE, 2011
STATE OF HAWAII

A BILL FOR AN ACT

relating to renewable energy.

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

SECTION 1. The legislature finds that many of Hawaii's most desirable renewable energy resources, such as wind, may be found on one island, while the majority of Hawaii's population and load center are located on another island. While the legislature acknowledges the benefits of a statewide systems approach to transitioning to a clean energy future, this transition may occur in a manner that harvests renewable energy from one island for the benefit of residents of another island. Therefore, serious consideration must be given to the social, economic, and environmental justice issues that may impact the community on the island hosting the renewable energy facility.

The legislature also finds that while public hearings related to the permitting process seek to receive and respond to community input, real and substantive negotiations can rarely occur in a public setting. Therefore, to create a viable vehicle to ensure that an affected community shares in the benefits of a substantial project, community benefits agreements may be used, in addition to the typical conditions in the permitting process, to outline specific legally enforceable commitments in exchange for the permitting of development projects.

SECTION 2. Chapter 201N, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"§201N- Failure to comply; penalty; enforcement. (a) Where a community benefits agreement is negotiated pursuant to section 201N-3, the energy resources coordinator shall monitor the parties to the agreement to ensure compliance. Additionally, any party to a community benefits agreement may bring a complaint to notify the energy resources coordinator of a party's noncompliance.

(b) If at any point the energy resources coordinator determines that a party to a community benefits agreement is not in compliance with the agreement, the energy resources coordinator may enforce the requirements of this chapter and fine the party for noncompliance.

(c) The energy resources coordinator shall establish fines and penalties for noncompliance with this chapter under rules adopted pursuant to chapter 91."

SECTION 3. Section 201N-3, Hawaii Revised Statutes, is amended to read as follows:

"[[]§201N-3[]] General duties of the coordinator. (a) The coordinator shall:

(1) Consult with appropriate state and county agencies to develop and establish a permit plan application format and procedure designed to ensure a timely review to obtain required permits and approvals for renewable energy facilities;

(2) Receive a permit plan application, in a form as the coordinator shall prescribe, from an applicant for the approval of the siting, development, construction, and operation of a renewable energy facility, with an appropriate initial application fee as determined by the coordinator;

(3) Identify all state and county permits necessary for approval of the renewable energy facility;

(4) Assist in the permit plan application process by coordinating permitting processes, giving technical assistance, overseeing the creation of the permit plan, and providing general oversight to facilitate the timely review and permitting of the siting of a renewable energy facility;

(5) Gather from the applicant any information the coordinator finds relevant and necessary for the reviewing and processing of a permit application by the federal, state, and county agencies;

(6) Coordinate public meetings on the island where development of a renewable energy facility is being proposed to:

(A) Allow members of the affected communities to provide input regarding the development of the renewable energy facility;

(B) Promote public awareness of the plan for the renewable energy facility in the proposed area; and

(C) Allow the coordinator, the applicant, and any applicable agency to gain public sentiment and input regarding the proposed development of the renewable energy facility, and incorporate the public sentiment and input into the planning of the proposed renewable energy facility; and

(7) Work with [~~the~~] federal, state, and county agencies [~~and~~]; the applicant; and representatives from the island where development of a renewable energy facility is being proposed to determine the terms and conditions of the permit plan and permits that are necessary to effectuate this chapter and to protect the public health and safety and promote the general welfare.

(b) The coordinator may facilitate discussions between an applicant seeking to develop a renewable energy facility and stakeholder groups from the island where development of the facility is being proposed, for the purpose of negotiating a community benefits agreement if the proposed renewable energy facility is to export a majority of the electricity that it generates.

(c) For the purposes of this section, "community benefits agreement" is a negotiated, enforceable contract between an applicant and community stakeholder groups that ensures benefits to the island where development of a renewable energy facility is being proposed before the finalization of the permitting process of the proposed facility."

SECTION 4. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 5. This Act shall take effect upon its approval.

INTRODUCED BY:	_____________________________

Report Title:

Renewable Energy Facilities; Community Benefits Agreements

Description:

Requires the energy resources coordinator to convene a meeting between the applicant for a proposed renewable energy facility and community stakeholder groups to negotiate a community benefits agreement. Provides for penalties and enforcement of a community benefits agreement.

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