HomeMy WebLinkAboutRES 817 Draft 01 1980-1984~'. ~ ~
County of Hawaii-State of Hawaii
Resolution No. 81'~ s~
WHEREAS, the Council of the County of Hawaii is concerned about
maintaining reliable electric service for its residents; and
WHEREAS, residents of the County of Hawaii remain substantially
dependent on foreign oil supplies to generate electricity; and
WHEREAS, foreign oil supplies are subject to disruption by
political and other events beyond the control of its residents; and
WHEREAS, alternate sources of energy need to be developed on
Hawaii to assure the availability of electric service; and
WHEREAS, one such alternate source is geothermal energy, which
is currently being produced and utilized to generate electric energy
in relatively small amounts on the Island of Hawaii; and
WHEREAS, additional geothermal energy resources exist on the
Island of Hawaii which are capable of being developed and converted
into electric energy; and
WHEREAS, the Legislature of the State of Hawaii has enacted
Act 296, amending Chapter 205, relating to geothermal energy; and
WHEREAS, Chapter 205 needs to be amended in certain respects so
as to protect the interests of existing lessees and to delineate and
clarify the respective roles of the County of Hawaii and the State
of Hawaii in connection with geothermal energy development, and in
other respects.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF
HAWAII that it hereby recommends to the Legislature of the State of
Hawaii that Chapter 205 be amended as indicated in Exhibit A
attached hereto and made a part hereof.
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BE IT FURTHER RESOLVED that certified copies of this resolution
be transmitted to the Honorable George R. Ariyoshi, Governor of the
State of Hawaii; Honorable Richard S. H. Wong, President of the
Senate; Honorable Henry H. Peters, Speaker of the House of
Representatives; Honorable James Aki, Chairman of the Senate
Committee on Economic Development; Honorable Tom Okamura, Chairman
of the House Committee on Energy, Ecology, and Environmental
Protection; Kent Keith, Director of the Department of Planning and
Economic Development; Susumu Ono, Chairman of the Board of Land and
Natural Resources; Arden G. Henderson, President of Maui Electric
Company, ltd.; Dudley Pratt, President of Hawaiian Electric Company,
Inc.; and Norman Os s, President of Hawaii Electric Light Company,
Inc.
Dated at Hilo, Hawaii, this 1st _day of February , 1984.
INTRODUCED BY:
C NCIL MEMBE COUNTY OF HAWAII
ROLL CALL VOTE
COUNTY COUNCIL AYES NOES A/E
County of Hawaii Dahlberg X
H IIO, H2Wall De Luz, III X
Domingo X
I hereby certify that the foregoing RESOLUTION was by the vote indicated to vuiii X
the right hereof adopted by the COUNCIL of the County of Hawaii on Hale X
February .l, 19.84 Kawahara X
............_......_........._.........._..._._.....__....__...._........._...._._..._...___ Lai X
Schulte X
ATTEST: ('hr_ Yamashiro X
Reference: YV-.J.ls
h~ ~ ~i~/~' M.B. No.
COUNTY CL RK ~ ` AIRMAN SIDING OFFICER ~'L~ ~~(
RESOLUTION NQ
A BILL FOR AN ACT
RELATING TO GEOTHERMAL ENERGY.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The legislature finds that the rights of lessees
holding geothermal mining leases issued by the state and the
respective roles of the state and county governments in connection
with the control of geothermal development within geothermal
resource subzones need to be clarified and delineated. The purpose
of this Act is to provide such further clarification and delineation.
SECTION 2. Section 205-5.1, Hawaii Revised Statutes, is amended
to read as follows:
"§205-5.1 Geothermal Resource subzones. (a) Geothermal
resource subzones may be designated within each of the land use
districts established under section 205-2. Only those areas
designated as geothermal resource subzones may be utilized for the
exploration, development, and production[, and distribution] of
electrical energy from geothermal [sources,] resources, hereinafter
referred to as "geothermal development activities," in addition to
those uses permitted in each land district under this chapter. The
area described in any geothermal mining lease approved by the board
of land and natural resources prior to June 14, 1983, within
agricultural, rural, or urban districts is hereby designated as a
geothermal resource subzone for the duration of the lease.
(DRAFT 2) EXHIBIT A
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(b) The board of land and natural resources shall have the
responsibility for designating areas as geothermal resource subzones
as provided under section 205-5.2. The designation of geothermal
resource subzones shall be governed exclusively by this section and
section 205-5.2, except as provided therein. The board shall adopt,
amend, or repeal rules related to its authority to designate [and
regulate the use of] geothermal resource subzones in the manner
provided under chapter 91.
The authority of the board to designate geothermal resource
subzones shall be an exception to those provisions of this chapter
and of section 46-4 authorizing the land use commission and the
counties to establish and modify land use districts and to regulate
uses therein.
(c) The use of an area for [the exploration,] geothermal
development [, production and/or distribution of electrical energy
from geothermal sources] activities within a geothermal resource
subzone shall be governed by the board within [the] a conservation
district ands except as herein provided, by [existing] state and
county statutes, ordinances, and rules not inconsistent herewith
within [the] agricultural, rural, and urban districts, except that
regardless of the number of acres involved no land use commission
approval or special use permit procedures under section 205-6 shall
be required for the use of such subzones. [The board and/or
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appropriate county agency shall, upon request, conduct a contested
case hearing pursuant to chapter 91 prior to the issuance of a
geothermal resource permit relating to the exploration, development,
production, and distribution of electrical energy from geothermal
resources. The standard for determining the weight of the evidence
in a contested case proceeding shall be by a preponderance of
evidence.] In the absence of provisions in the county general plan
and zoning ordinances specifically relating to the permissibility
and location of geothermal development activities in agricultural,
rural, or urban districts, geothermal development activities may be
permitted by the granting of a geothermal resource permit by the
appropriate county authority. "Appropriate county authority" means
the county council unless the county planning commission or any
agency has been designated by ordinance of the county council. Such
s as are permitted by county General plan and zoninG ordinances
by the appropriate county authority, or by the board shall be deemed
to be reasonable and to promote the effectiveness and objectives of
this chapter. Chapters 183, 205A, 226, and 343 shall apply as
appropriate.
(d) If geothermal development activities are proposed within a
conservation district. then, after receipt of a properly filed and
completed application, the board shall conduct a public hearing and,
upon appropriate request, a contested case hearing pursuant to
chapter 91 to determine whether, pursuant to board regulations, a
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eothermal resource permit shall be granted to authorize the
geothermal development activities described in the application.
(e) If geothermal development activities are proposed within
agricultural, rural, or urban districts and such proposed activities
are not permitted uses pursuant to county general plan and zoning
ordinances, then after receipt of a properly filed and completed
application, the appropriate county authority shall conduct a public
hearing and, upon appropriate request, a contested case hearing
pursuant to chapter 91 to determine whether a geothermal resource
permit shall be granted to authorize the geothermal development
activities described in the application. The appropriate county
authority shall grant a geothermal use permit unless it finds, by a
preponderance of the evidence, that:
1. the desired uses would have unreasonable adverse
effects on surrounding property; or
2. the desired uses would unreasonably burden public
agencies to provide roads and streets, sewers, water, drains e,
school improvements and police and fire protection; and
3. that there are no reasonable measures available to
mitigate the unreasonable adverse effects or burdens referred to
above.
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A decision shall be made on the application by the appropriate
county authority within six months of the date a complete
aoolication was filed: orovided that if a contested case hearing is
held, the final permit decision shall be made within nine months of
the date a complete application was filed. If no decision is made
within these time limits, the application shall be deemed to have
been approved, and the requested geothermal resource permit shall be
deemed to have been granted."
SECTION 3. If any provision of this Act, or the application
thereof to any person or circumstance is held invalid, the
invalidity does not affect other provisions or applications of the
Act which can be given effect without the invalid provision or
application, and to this end the provisions of this Act are
severable.
SECTION 4. Statutory material to be repealed is bracketed. New
material is underscored.
SECTION 5. This Act shall take effect upon its approval.
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JUSTIFICATION FOR AMENDMENTS TO CHAPTER 205
HAWAII REVISED STATUTES
SECTION 205-5.1 GEOTHERMAL RESOURCE SUBZONES
(a) The first amendment involves the elimination of a reference
to the "distribution" of electrical energy. A representative of
Hawaiian Electric raised a concern that the use of the term
"distribution" might imply that electricity produced from geothermal
resources within a geothermal resource subzone be limited to uses
within the subzone. Obviously, electrical energy produced from
geothermal energy should be available for distribution through the
utility grid to residents in all districts of this island, and if
technically and economically feasible, for distribution to other
islands within the state. The reference to "geothermal development
activities" is simply a housekeeping change to avoid repetition.
The final addition to this section is intended to clarify the rights
of holders of geothermal mining leases approved by the Board of Land
and Natural Resources prior to the enactment of the amendments to
Chapter 205. The land covered by these leases become a geothermal
resource subzone, but the developer still needs to come to the
county for a geothermal resource permit. Further, this
"grandfather" provision applies only to leased areas with a rural,
agricultural and urban districts, which are subject to control by
the County of Hawaii.
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(b) The words "and regulate the use of" have been eliminated
from this subsection to preserve County of Hawaii control for land
use purposes of geothermal development in geothermal resource
subzones within rural, agricultural and urban districts. The
Board's regulation of use rights apply only to geothermal resource
subzones within conservation districts. Actually, the Board does
control various details about well drilling, etc., in all districts
under other provisions in the Hawaii Revised Statutes. However,
once a subzone has been designated, and the subzone falls within a
rural, agricultural or urban district, then there is a county land
use decision that must be made.
(c) A number of changes have been made to this subsection.
Essentially these changes are for clarification purposes. A
provision has been added such that regardless of the number of acres
involved, no Land Use Commission approval shall be required within
that rural, agricultural and urban districts. This makes it clear
that the land use decision (after a subzone designation by the
Board) is with the County of Hawaii even though an area in an
agricultural district might be in excess of the 15-acre limitation
set out in Section 205-6. In this subsection it is also provided
that the permissibility and location of geothermal development
activities within districts subject to county control can be
controlled through the general plan and zoning ordinances or through
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the issuance of a geothermal resource permit, as may be determined
by the County Council. The County Council is named as the
"appropriate county authority" until such time as it designates the
County Planning Commission or some other agency created by ordinance
of the County Council. The final sentence was added so as to give
additional strength to County decisions.
(d) This subsection was inserted to describe the role of the
Board of Land and Natural Resources in connection with the issuance
of a geothermal resource permit in a subzone that falls within a
conservation district.
Section 205-5.1(e) This subsection describes the role of the
appropriate county authority in connection with the issuance of a
geothermal resource permit. This is a procedure that would apply if
the County Council determines not to control geothermal development
through County General Plan and zoning ordinance changes.
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