2017-02-07 Letter to Governor Ige re Request that the State administration oppose SB 661 (geothermal preemption)

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February 7, 2017 Page 2 Regulatory oversight of all geothermal resources in the State, with regards to exploration or development of geothermal resources needs to be with the agency that has the expertise, understanding, knowledge and human resources to safely regulate all aspects of geothermal drilling operations with the primary focus of protecting and preserving Hawaii's natural resources while ensuring the safety of all those involved in such operation. While the sentiment is admirable, we cannot agree with Ormat's conclusion that the proper agency is at the State level. As County Civil Defense Administrator under Mayor Kenoi, Daryl Oliveira, testified on last year's bill: The county believes oversight of geothermal permits belongs in the county in which such activity takes place. Placing the permitting authority with county government supports home rule and assures that those people most impacted by any geothermal -related activities have a reasonable opportunity to participate in hearings and voice their concerns or support for such projects. The County of Hawaii has responded to dozens of emergency situations at PGV in the past and is presently working on some initiatives to improve awareness of risks and emergency response for such situations. Those initiatives (including, for example, better monitoring of toxic emissions, a health study and a water quality study) evolved from the September 9, 2013, final report of a study group overseen by Dr. Peter S. Adler for the County, entitled Geothermal Public Health Assessment Findings & Recommendations, informally known as The Adler Report, that said, in part: Because responsibility for the monitoring and reporting of exposures is decentralized across different agencies, an effective communication protocol, especially in the event of an emergency, is also essential. The County of Hawaii is the layer of government closest to the day-to-day lives of its citizens, and the health and welfare of its citizens must take precedence over geothermal interests. Preemption legislation intended to promote PGV's interests at the expense of home rule is not the appropriate approach to problems associated with PGV's operations. The County is addressing those problems at the local level. There should be no obstruction of our efforts from legislation intended to preempt County authority regarding geothermal development in Hawaii County. Our efforts to improve geothermal oversight are, for now, sufficient to the task without any need for legislative initiatives this year. In the future, the County surely will seek coordination of its efforts with the appropriate state regulatory agencies. That coordination may lead to well- planned, competent legislation to accomplish the genuine needs of regulation for the purposes of health and safety. But SB 661 is not the right vehicle. Governor, in your address to the Legislature on January 25, 2016, you said: A few years ago, we saw the demise of the SuperFerry. Its failure has been attributed to environmental objections and a hostile court. But that is not exactly what happened. The fact is the state failed to follow the law. When we tried a County of Havvin i is an Equal Opportunity Provider and Employer