Bill Text: HI SB773 | 2012 | Regular Session | Introduced

Hawaii Senate Bill 773 (Prior Session Legislation)

Introduced

Bill Title: Construction Task Force (2010); Renewable Energy; Renewable Energy Facility Siting Process; Appropriation

Spectrum: Partisan Bill (Democrat 6-0)

Status: (Introduced - Dead) 2011-12-01 - Carried over to 2012 Regular Session. [SB773 Detail]

Download: Hawaii-2012-SB773-Introduced.html

THE SENATE	S.B. NO.	773
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. Senate Concurrent Resolution No. 132, S.D. 1 (2009), established a task force to determine the economic contributions of the construction industry in Hawaii and to develop a series of proposals for state actions to preserve and create new jobs in the local construction industry. This Act implements one of the task force's proposals in conjunction with the Abercrombie administration's support for state actions to create new jobs in Hawaii's construction industry.

In addition, in 2010, the senate committee on economic development and technology and the house committee on economic revitalization, business, and military affairs convened an informal small business discussion group to address the most critical issues facing the small business sectors within Hawaii's economy. Representatives from the Chamber of Commerce of Hawaii, construction and trades industries, community nonprofits, the agricultural sector, food and restaurant industries, retailing, the science and technology sector, the commercial transportation industry, and interested stakeholders developed a package of bills that address the most pressing problems facing Hawaii's small business community.

The purpose of this Act is to support the findings of the small business working group and the recommendations proposed by the construction industry task force by:

(1) Establishing an expedited renewable energy facility siting process for state and county permits;

(2) Directing the state energy resources coordinator to implement and further state policies in developing indigenous renewable energy resources and decreasing Hawaii's dependency on imported fossil fuels; and

(3) Giving the state energy resources coordinator the authority to implement and further state renewable energy policies and compelling interest in expediting the development of renewable energy facilities, while ensuring public review and environmental preservation, and protecting the public's health, safety, and welfare consistent with the goals, purposes, and policies of this Act.

SECTION 2. The Hawaii Revised Statutes is amended by adding a new chapter to be appropriately designated and to read as follows:

"CHAPTER

RENEWABLE ENERGY FACILITY SITING PROCESS

§ -1 Definitions. For the purpose of this chapter:

"Applicant" means any person or entity who submits an application to the energy resources coordinator for a permit or approval for a renewable energy facility.

"County agency" means a department, division, office, officer, agency, or other organization of a county government, including a county council.

"County law" means a county charter provision, ordinance, or administrative rule.

"County permit" means a permit that is subject to approval by a county agency pursuant to federal, state, or county law.

"Delegated environmental permit" means an air or water quality permit subject to issuance by the department of health under authority delegated by the United States Environmental Protection Agency.

"Energy resources coordinator" or "coordinator" means the energy resources coordinator as designated in section 196-3.

"Permit":

(1) Means any approval, no matter the nomenclature, necessary for the siting, development, construction, or operation of a renewable energy facility; except that the term shall not include:

(A) Acceptance by an accepting authority of an environmental impact statement on a facility;

(B) Issuance by a county agency of a building or grading permit; or

(C) Approval by the public utilities commission of a power purchase agreement between a renewable energy facility owner and a public utility; and

(2) Includes:

(A) A state land use reclassification;

(B) A county development, community, or community development plan amendment;

(D) A state conservation district use permit;

(E) A state special permit for an agricultural or rural district;

(F) A special management area permit;

(G) A shoreline setback variance;

(H) A grant of an easement on state or county real property; and

(I) Any other state or county permit or approval applicable and necessary for the siting, development, construction, or operation of a renewable energy facility, except as set forth in paragraph (1) above.

"Power purchase agreement" means an agreement between a renewable energy facility owner and a public utility on the sale of electricity produced by the facility to the public utility.

"Renewable energy" has the same meaning as that term is defined under section 269-91.

"Renewable energy facility" or "facility" means a facility located in the State that is planned to have the capacity to produce from renewable energy at least two hundred megawatts of electricity. The term includes any of the following associated with the facility:

(1) The land parcel on which the facility is situated;

(2) Any renewable energy production structure or equipment;

(3) Any energy transmission line from the facility to a public utility's electricity distribution system;

(4) Any on-site infrastructure; and

(5) Any on-site building, structure, other improvement, or equipment necessary for the production of electricity or biofuel from the renewable energy site, transmission of the electricity or biofuel, or any accommodation for employees of the facility.

"State agency" means a department, division, office, officer, agency, or other organization of the state government, but not the legislature.

"State law" means a state constitutional provision, statute, or administrative rule.

"State permit" means a permit that is subject to the approval of a state agency pursuant to federal or state law; except that the term does not include a delegated environmental permit.

§ -2 Staff and contractor; energy resources coordinator; renewable energy facility siting process. The energy resources coordinator may employ and dismiss staff without regard to chapters 76 and 89 to assist the coordinator in the implementation of this chapter. The salary of each staff member shall be set by the coordinator. Each staff member shall be entitled to participate in any public employee benefit program plan or privilege.

The coordinator may also contract persons to assist the coordinator in the implementation of this chapter. The coordinator's power to charge an applicant for reimbursement of staff costs and expenses shall be subject to the guidelines and limitations set forth in section -4.

§ -3 General duties of the coordinator. The coordinator shall:

(1) Implement and further state policies and the compelling state interest in developing indigenous renewable energy resources and decreasing Hawaii's dependency on imported fossil fuels in furtherance of energy self-sufficiency, energy security, and reduction of greenhouse gas emissions through coordination, concurrent approval processes, elimination of redundancy in the permitting process, clear and fair deadlines, and other efficiencies in processes and procedures established pursuant to the authority given to the coordinator by this chapter. The coordinator shall have the power and authority, which shall be liberally construed, necessary to implement and further the state renewable energy policies, mandate, and compelling interest in expediting the development of renewable energy facilities, while ensuring, and not circumventing, opportunity for public review and comment, mitigating potential environmental and other impacts from renewable energy projects, and protecting the public's health, safety, and welfare. In furtherance of this intent, the coordinator shall have the power and authority, as provided under this chapter, to receive, accept, review, coordinate, and approve all applications for permits necessary for the development of a renewable energy facility on an expedited basis. The coordinator shall coordinate and process permits concurrently and shall take no longer than six months following receipt of a completed consolidated application to complete the review and approval of the application and all permits relating thereto, subject only to final acceptance of an environmental assessment or environmental impact statement, or both, as may be required under chapter 343;

(2) Receive and accept a consolidated application, in a form as the coordinator shall prescribe as required under section ‑15, for the approval of the siting, development, construction, and operation of a renewable energy facility. Within ten days following receipt of an application or an amendment or supplement thereto, the coordinator shall give written notice to the applicant as to the coordinator's acceptance of the application, amendment, or supplement, or as to any deficiencies relating thereto;

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

(4) Gather from the applicant any information the coordinator finds relevant and necessary to review, process, and make a decision on the permit application; and

(5) Work with other federal, state, and county agencies and the applicant to determine the terms and conditions of the permits that are necessary to effectuate this chapter while still protecting the public health, safety, and welfare to the extent practicable without unduly delaying, impairing, or frustrating the purposes, policies, and goals of this chapter.

§ -4 Consolidated application; fee; pre-application conference; public notice of receipt of application. (a) The coordinator shall establish a consolidated application in accordance with section ‑15 and require the applicant to pay a fee with the consolidated application. The coordinator shall establish the staffing for the consolidated application and set the fee at an amount mutually agreed upon by the applicant and the coordinator; provided that the fee shall be sufficient to cover no more than the reasonable, actual, and direct costs and expenses of the coordinator, coordinator's staff, contractor, and relevant state and county agencies providing input, review, and advice on the state and county permits applicable and necessary for and directly related to the applicant's facility. Upon receipt of the fee or periodically thereafter, the coordinator shall transmit to each relevant state or county agency the portion of the fee that reflects the cost to that state or county agency for providing its input, review, and advice.

(b) Subject to the ten-day deadline set forth in section ‑3(2), before accepting a consolidated application, the coordinator may hold a pre-application conference with the prospective applicant to discuss all the state and county permits necessary for the facility and notify the prospective applicant of the information that must be submitted with the consolidated application.

(c) Within ten days of receipt of a consolidated application, the coordinator shall publish a public notice of receipt of the application in a statewide publication. The public notice shall include:

(1) The name of the applicant;

(2) The location of the proposed renewable energy facility;

(3) A summarized description of the facility;

(4) The state and county permits required for the facility; and

(5) Any other information deemed necessary or appropriate by the coordinator and relevant to the proposed facility.

§ -5 Approval of state permits. (a) When the coordinator receives an application for a renewable energy facility that requires state permits, then concurrently with the determinations and processes of the coordinator under section ‑6(a) and the other sections of this chapter and within the sixty days following receipt of a completed consolidated application, the coordinator, after consultation with relevant federal, state, and county agencies, shall determine the terms and conditions to be imposed on the state permits that are necessary to protect the public health, safety, and welfare to the extent practicable without unduly delaying, impairing, or frustrating the purposes, policies, and goals of this chapter. The terms and conditions may require the applicant to improve off-site infrastructure or establish measures to mitigate significant adverse environmental effects, but only to the extent directly caused by the applicant's renewable energy facility.

The coordinator shall make the determination for all terms and conditions of all required state permits no later than sixty days after receipt of a completed consolidated application; provided that if an approval for a federal permit or delegated environmental permit or acceptance of an environmental assessment or environmental impact statement is a prerequisite to the approval of a state permit required for the facility, then the effectiveness of the coordinator's determination shall be conditioned upon approval of the federal permit or delegated environmental permit, or acceptance of the environmental assessment or environmental impact statement, or both, as applicable.

(b) Immediately upon determining the necessary terms and conditions under subsection (a), the coordinator, on behalf of the relevant state agencies, shall approve the state permits with those terms and conditions. The approval shall take effect on the sixty-first day after the coordinator's acceptance of a completed consolidated application; provided if an approval for a federal permit or delegated environmental permit, or acceptance of an environmental assessment or environmental impact statement is a prerequisite to the approval of a state permit required for the facility, then the approval shall be conditioned upon and made effective one business day following the approval of the federal permit or delegated environmental permit, or acceptance of the environmental assessment or environmental impact statement, as applicable. If a judicial proceeding has been timely initiated under section 343-7(c) regarding the acceptance of the statement, then the state permits shall be subject to the order entered with the final judicial decision on the dispute. The coordinator may publish the coordinator's approval of all state permits in one consolidated document.

If a statement of findings is required by state law as a condition for approval of a state permit, then the coordinator shall issue the statement to accompany the permit. For the purpose of this chapter, a statement of findings shall be deemed a condition of the state permit.

(c) Notwithstanding the approval of a state permit by the coordinator, the state agency on whose behalf the permit was approved shall be responsible for monitoring and enforcing the terms and conditions of the permit.

§ -6 Recommendation for approval of county permits; approval of county permits. (a) Within fifteen days following the coordinator's receipt of a completed application for a renewable energy facility that requires county permits, and concurrently with the determination of the coordinator under section ‑5(a) and the other sections of this chapter, the coordinator, after consultation with relevant federal, state, and county agencies, shall determine the terms and conditions to be imposed on the county permits that are necessary to protect the public health, safety, and welfare to the extent practicable without unduly delaying, impairing, or frustrating the purposes, policies, and goals of this chapter. The terms and conditions may require the applicant to improve off-site infrastructure or establish measures to mitigate significant adverse environmental effects, but only to the extent directly caused by the applicant's renewable energy facility.

The coordinator shall make the determination for all county permits at the same time the determination is made for state permits under section ‑5 (a).

(b) Immediately upon determining the necessary terms and conditions under subsection (a), the coordinator shall recommend to the relevant county agencies that they approve the county permits with those terms and conditions.

If a statement of findings is required by county law as a condition for approval of a particular county permit, the coordinator shall issue the statement to accompany the permit. For the purpose of this chapter, a statement of findings shall be deemed a condition of the county permit.

(c) Within forty-five days of receipt of the recommendation from the coordinator, each relevant county agency may approve the county permit under its jurisdiction with the terms and conditions recommended by the coordinator or amended by the county agency. The county agency may charge the applicant a reasonable fee for reviewing and acting on the permit, consistent with established county agency fees.

(d) If, within forty-five days of receipt of a recommendation from the coordinator, a county agency does not approve the county permit, either because of rejection or inaction, then the permit with the terms and conditions recommended by the coordinator shall be deemed approved on the forty-sixth day without necessity of further action by the county agency or coordinator.

(e) If, within the forty-five-day period following receipt of a recommendation from the coordinator, the county agency approves the county permit, but with amendments to any of the terms and conditions recommended by the coordinator, then the county agency shall notify the coordinator within three days of the approval. If the notification is not provided to the coordinator within the three-day period, then the county agency shall be deemed to have not approved the permit within the forty-five-day period, and the permit shall be deemed approved with the coordinator's recommended terms and conditions in accordance with subsection (d).

The coordinator shall have ten days after receipt of the notification from the county agency to determine whether to accept or reject the amended terms and conditions of the county permit. If the coordinator accepts all amended terms and conditions, then the coordinator shall approve the county permit with the amended terms and conditions within the ten-day period. If the coordinator rejects all or some of the amended terms and conditions, then within the ten-day period the coordinator shall approve the county permit with terms and conditions that exclude the rejected amendments. The coordinator shall issue the decision in writing within the ten-day period. If the coordinator does not issue a written decision within the ten-day period, then the coordinator shall be deemed to have rejected the county's amendments and the permit shall be deemed approved with the coordinator's recommended terms and conditions in accordance with subsection (d) on the eleventh day without necessity of further action by the county agency or coordinator.

(f) Notwithstanding the action by the coordinator on a county permit approved pursuant to this section, the relevant county agency shall be responsible for monitoring and enforcing the terms and conditions of the permit.

§ ‑7 Coordination with federal permits, delegated environmental permits, and environmental impact review process. (a) Concurrently with the sixty-day period set forth in section ‑5(a), the coordinator shall establish and implement a system to coordinate the approval of required federal permits with state and county permits for a renewable energy facility. The system shall include a process for coordinating the federal environmental impact statement process with the state environmental impact statement process, such that they run concurrently with each other and with the state and county permitting processes.

(b) The coordinator also shall establish and implement a system to coordinate and concurrently process the issuance of delegated environmental permits by the department of health with approval of state and county permits for a renewable energy facility.

§ ‑8 Public hearing by coordinator. (a) If a federal, state, or county law requires a state or county agency to hold a public hearing on a permit application before making a decision on the permit, then the coordinator shall hold the public hearing in place of the state or county agency within the sixty-day period set forth in section ‑5(a). To the extent practicable, the coordinator shall consolidate public hearings to cover all permit applications and required public hearings.

(b) Nothing in this section shall prevent a county agency from voluntarily holding a public hearing on a county permit after the coordinator submits to the county agency a recommendation on that permit pursuant to section ‑6. If a county agency voluntarily holds a public hearing on a county permit, it shall do so within the forty-five-day period provided in section ‑6(c) for review and action on the permit.

§ -9 Land use, zoning, building, and construction status of renewable energy facility; state and county permits. (a) A renewable energy facility, and all necessary state and county permits for which have been approved under this chapter, shall be deemed a permitted principal use on the land parcel upon which it is situated. The land use commission, department of land and natural resources, and the applicable county shall revise any state land use district map and county zoning map appropriately to reflect this status.

(b) The final plans and specifications of the renewable energy facility, as set forth in the relevant state and county permits approved pursuant to this chapter, shall be deemed to constitute the zoning, building, and construction standards for the facility and the land parcel upon which it is situated.

For the purpose of applicable state and county law:

(1) The facility shall be deemed a conforming use; and

(2) Any building or structure associated with or related to a facility shall be deemed a conforming building or structure that can be dedicated to the appropriate state or county agency.

(c) Nothing in this section shall be deemed to prohibit the amendment of the state land use classification, county zoning map, or other zoning, building, or construction standard with respect to facilities approved under this chapter. Any amendment, if made, shall be accomplished in accordance with applicable state or county law; except that no amendment shall remove the conforming status conferred under subsection (b) with respect to any facility or any associated building or structure.

§ ‑10 Environmental impact review process; applicability. (a) Chapter 343 shall apply to any renewable energy facility, a consolidated application for which shall be submitted to the coordinator under this chapter.

(b) Nothing in this chapter or chapter 343 shall prohibit the review and processing by the coordinator of applications for permits for a renewable energy facility concurrently with the preparation and processing by the applicant of an environmental impact statement for the facility. To accomplish the concurrent review, the coordinator shall, at the applicant's request, consent to the receipt and review of portions of a draft of an environmental impact statement before its completion.

§ ‑11 Power purchase agreement not a state permit under this chapter; coordination of efforts. A power purchase agreement between a renewable energy facility owner and a public utility shall not be a permit subject to approval by the coordinator. Any power purchase agreement shall be subject to the applicable provisions of chapter 269. However, the coordinator shall establish and implement a system to coordinate and concurrently process the review and approval by the public utilities commission of any power purchase agreement for electricity generated by a renewable energy facility. The coordinator may convene an interagency working group for the purpose of this section.

§ ‑12 Building or grading permit required from county. A grading or building permit issued by the applicable county shall be required to grade a site or construct a structure for a renewable energy facility. The applicable county shall establish an expedited process for review and issuance of all required building or grading permits that shall not exceed ninety days; provided the applicant agrees to pay for a third party reviewer to review the grading or building permit application as provided in this section. Under the process, the county may contract with a third party to conduct the review of the permit application and require the applicant for the permit to pay the cost incurred for the third party review.

§ ‑13 Judicial review of dispute regarding approved permit; inapplicability of contested case procedures. (a) Any person aggrieved by the approval of a state or county permit or term or condition of any approved permit may file an action for relief in the circuit court. Notwithstanding any other provision of this chapter to the contrary, for the purposes of bringing judicial action under this subsection, the term "person aggrieved" shall include the applicant and any state or county agency, office, council, or other government entity that has decision making authority related to the approved permit. Other parties, pursuant to court action, may be adjudged aggrieved.

(b) The inapplicability of the use of contested case procedures pursuant to chapter 91 in the approval of any state or county permit pursuant to this chapter shall not be grounds for any judicial appeal.

§ ‑14 Inapplicability of maximum time period rule requirement. Section 91-13.5 shall not apply to the coordinator. The deadlines for review and action upon a consolidated application for a renewable energy facility shall be subject to this chapter.

§ ‑15 Rules. (a) Within thirty days from the effective date of this chapter, the coordinator shall, after consultation with prospective applicants and related governmental agencies as the coordinator deems necessary or advisable:

(1) Adopt a consolidated application form which is consistent with the streamlining and concurrent agency approval processing goals of this chapter; and

(2) Adopt interim rules to implement this chapter without regard to the notice and public hearing requirements of section 91-3 or the small business impact review requirements of chapter 201M.

(b) Any amendment of the interim rules shall be subject to all provisions of chapters 91 and 201M.

§ ‑16 Superiority of chapter over conflicting state or county law. The provisions of this chapter shall supersede any conflicting state or county law."

SECTION 3. Section 91-1, Hawaii Revised Statutes, is amended to read as follows:

"§91-1 Definitions. For the purpose of this chapter:

[~~(1)~~] "Agency" means each state or county board, commission, department, or officer authorized by law to make rules or to adjudicate contested cases, except those in the legislative or judicial branches.

[~~(2)~~] "Persons" includes individuals, partnerships, corporations, associations, or public or private organizations of any character other than agencies.

[~~(3)~~] "Party" means each person or agency named or admitted as a party, or properly seeking and entitled as of right to be admitted as a party, in any court or agency proceeding.

[~~(4)~~] "Rule" means each agency statement of general or particular applicability and future effect that implements, interprets, or prescribes law or policy, or describes the organization, procedure, or practice requirements of any agency. The term does not include regulations concerning only the internal management of an agency and not affecting private rights of or procedures available to the public, nor does the term include declaratory rulings issued pursuant to section 91-8, nor intra-agency memoranda.

[~~(5)~~] "Contested case" means a proceeding in which the legal rights, duties, or privileges of specific parties are required by law to be determined after an opportunity for agency hearing. The term does not apply to the review, processing, or approval of state or county permits for any renewable energy facility under chapter .

[~~(6)~~] "Agency hearing" refers only to such hearing held by an agency immediately prior to a judicial review of a contested case as provided in section 91-14."

SECTION 4. Section 269-27.2, Hawaii Revised Statutes, is amended by amending subsection (c) to read as follows:

"(c) The rate payable by the public utility to the producer for the nonfossil fuel generated electricity supplied to the public utility shall be as agreed between the public utility and the supplier and as approved by the public utilities commission; provided that in the event the public utility and the supplier fail to reach an agreement for a rate, the rate shall be as prescribed by the public utilities commission according to the powers and procedures provided in this chapter.

The commission's determination of the just and reasonable rate shall be accomplished by establishing a methodology that removes or significantly reduces any linkage between the price of fossil fuels and the rate for the nonfossil fuel generated electricity to potentially enable utility customers to share in the benefits of fuel cost savings resulting from the use of nonfossil fuel generated electricity. As the commission deems appropriate, the just and reasonable rate for nonfossil fuel generated electricity supplied to the public utility by the producer may include mechanisms for reasonable and appropriate incremental adjustments, such as adjustments linked to consumer price indices for inflation or other acceptable adjustment mechanisms.

When an application is submitted to the commission for the approval of a power purchase agreement or rate agreement for nonfossil fuel generated electricity between a renewable energy facility owner and a public utility under chapter , the commission shall approve, approve with modification, or reject the application within sixty days of receipt. The commission's approval or approval with modification shall not be unreasonably withheld or delayed. If the commission does not approve, approve with modification, or reject the proposed power purchase agreement or rate agreement within the sixty-day period, then the power purchase agreement and rate agreement as submitted shall be deemed approved on the first day following the sixty-day period.

When a renewable energy facility owner and a public utility fail to reach an agreement on a power purchase agreement or rate payable for nonfossil fuel generated electricity, either party may request the commission to prescribe a just and reasonable rate or other agreement terms. The commission shall prescribe the rate or terms, or both, within sixty days of receipt of the request. If the commission does not prescribe the rate or terms, or both, within the sixty-day period, then the rate or terms last proposed by the renewable energy facility owner shall be deemed the rate or terms prescribed. That rate or those terms, as applicable, shall be effective on the first day after the first day following the sixty-day period.

For the purpose of this section:

(1) The sixty-day period for commission determinations shall be subject to extension by the commission for reasonable cause and for a reasonable time as necessary, but in no event later than the six-month deadline for processing of permits by the energy resources coordinator referred to in section ‑3; and

(2) "Renewable energy facility owner" means the owner or authorized agent of the owner of a renewable energy facility as defined in section ‑1."

SECTION 5. Section 343-2, Hawaii Revised Statutes, is amended by amending the definition of "renewable energy facility" to read as follows:

""Renewable energy facility" has the same meaning as defined in section [~~201N-1.~~] -1."

SECTION 6. Section 343-5, Hawaii Revised Statutes, is amended by amending subsection (c) to read as follows:

"(c) Whenever an applicant proposes an action specified by subsection (a) that requires approval of an agency and that is not a specific type of action declared exempt under section 343-6, the agency initially receiving and agreeing to process the request for approval shall prepare an environmental assessment of the proposed action at the earliest practicable time to determine whether an environmental impact statement shall be required; provided that, for an action that proposes the establishment of a renewable energy facility, at the renewable energy facility applicant's written request, a draft environmental impact statement shall be prepared at the earliest practicable time[.] without the need to first prepare an environmental assessment. The final approving agency for the request for approval is not required to be the accepting authority.

For environmental assessments for which a finding of no significant impact is anticipated:

(1) A draft environmental assessment shall be made available for public review and comment for a period of thirty days;

(2) The office shall inform the public of the availability of the draft environmental assessment for public review and comment pursuant to section 343-3; and

(3) The applicant shall respond in writing to comments received during the review, and the agency shall prepare a final environmental assessment to determine whether an environmental impact statement shall be required. A statement shall be required if the agency finds that the proposed action may have a significant effect on the environment. The agency shall file notice of the agency's determination with the office, which, in turn, shall publish the agency's determination for the public's information pursuant to section 343-3.

The draft and final statements, if required, shall be prepared by the applicant, who shall file these statements with the office.

The draft statement shall be made available for public review and comment through the office for a period of forty-five days. The office shall inform the public of the availability of the draft statement for public review and comment pursuant to section 343-3.

The applicant shall respond in writing to comments received during the review and prepare a final statement. The office, when requested by the applicant or agency, may make a recommendation as to the acceptability of the final statement.

The authority to accept a final statement shall rest with the agency initially receiving and agreeing to process the request for approval. The final decision-making body or approving agency for the request for approval is not required to be the accepting authority. The planning department for the county in which the proposed action will occur shall be a permissible accepting authority for the final statement. For a renewable energy facility, the energy resources coordinator under chapter shall be the accepting authority.

Acceptance of a required final statement shall be a condition precedent to approval of the request and commencement of the proposed action. Upon acceptance or nonacceptance of the final statement, the agency shall file notice of [~~such~~] the determination with the office. The office, in turn, shall publish the determination of acceptance or nonacceptance of the final statement pursuant to section 343-3.

The agency receiving the request, within thirty days of receipt of the final statement, shall notify the applicant and the office of the acceptance or nonacceptance of the final statement. The final statement shall be deemed to be accepted if the agency fails to accept or not accept the final statement within thirty days after receipt of the final statement; provided that the thirty-day period may be extended at the request of the applicant for a period not to exceed fifteen days.

In any acceptance or nonacceptance, the agency shall provide the applicant with the specific findings and reasons for its determination. An applicant, within sixty days after nonacceptance of a final statement by an agency, may appeal the nonacceptance to the environmental council, which, within thirty days of receipt of the appeal, shall notify the applicant of the council's determination. In any affirmation or reversal of an appealed nonacceptance, the council shall provide the applicant and agency with specific findings and reasons for its determination. The agency shall abide by the council's decision."

SECTION 7. Chapter 196D, Hawaii Revised Statutes, is repealed.

SECTION 8. If a prospective developer of a renewable energy facility has submitted an application for a state or county permit necessary for the siting, development, construction, or operation of the facility before July 1, 2008, the prospective developer may:

(1) Request the relevant state or county agency to proceed with reviewing, processing, and acting upon the permit application; or

(2) Withdraw the permit application and submit a consolidated application to the energy resources coordinator pursuant to chapter , Hawaii Revised Statutes, established under section 2 of this Act; provided that if the prospective developer chooses to submit a consolidated application, the relevant state or county agency shall transmit to the coordinator all documents applicable to the withdrawn permit application, except those that the agency finds are internal work product that may expose the agency to liability if released.

If the prospective developer has submitted two or more permit applications with state or county agencies before July 1, 2008, then the prospective developer may select the action under paragraph (1) for some applications and the action under paragraph (2) for other applications.

A draft or final environmental impact statement under preparation by a prospective developer for a state or county permit application submitted before July 1, 2008 may be used for a consolidated application submitted to the coordinator. The prospective developer shall not be required to begin the environmental impact statement process anew if withdrawing the permit application and submitting a consolidated application.

SECTION 9. There is appropriated out of the general revenues of the State of Hawaii the sum of $ or so much thereof as may be necessary for fiscal year 2011-2012 and the same sum or so much thereof as may be necessary for fiscal year 2012-2013 for the establishment and operation of the renewable energy facility siting process established under this Act.

The sums appropriated shall be expended by the department of business, economic development, and tourism for the purposes of this Act.

SECTION 10. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 11. This Act shall take effect upon its approval; provided that section 9 shall take effect on July 1, 2011.

INTRODUCED BY:	_____________________________

Report Title:

Construction Task Force (2010); Renewable Energy; Renewable Energy Facility Siting Process; Appropriation

Description:

Establishes a renewable energy facility siting process to expedite the review and action upon state and county permits necessary for the siting, development, construction, and operation of a renewable energy facility; appropriates funds for establishment and operations.

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