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HomeMy WebLinkAboutREP AWESC 005 09/18/2012 2010-2012 REPORT OF THE COMMITTEE ON AGRICULTURE, WATER AND ENERGY SUSTAINABILITY DATE: September 18, 2012 RE: Comm. No. 825/Bill No. 292 PLACE: Council Chambers Kailua-Kona, Hawai`i TIME: 8:30 a.m. Council Chair and Members Hawai`i County Council Hilo, Hawai`i 96720 Your Committee on Agriculture, Water and Energy Sustainability, to which was referred Bill No. 292, reports as follows: Bill No. 292, transmitted by Council Chair Dominic Yagong via Communication No. 825, dated August 29, 2012, amends Chapter 14, General Welfare, Hawai`i County Code 1983 (2005 Edition, as amended), relating to geothermal drilling. The purpose of this bill is to create a new article to restrict geothermal drilling to the operating hours of 7:00 a.m. to 7:00 p.m. if the drilling is being conducted one mile or less from a residence. There were seven testifiers from the Hilo Council Chambers: four spoke in support, two spoke in opposition and one provided comment. There were 13 testifiers from the Pahoa Council Office: ten spoke in support and three provided comment. Mr. Yagong explained that the impetus for introducing this bill was when he personally experienced the effects of the drilling while attending a meeting in Lanipuna subdivision, which is adjacent to Puna Geothermal Venture (PGV). He described the noise as very loud and excruciating. The residents explained to Mr. Yagong that it is very difficult for them and their children to sleep at night. Mr. Yagong addressed some concerns that were raised during public testimony on whether the Council has jurisdiction. He explained that this bill does not infringe on the authority of the Department of Health or Planning Department. Department of Health monitors the decibels, and this bill has nothing to do with monitoring noise levels. This bill does not tell the Planning Department that PGV cannot drill, so they can still issue drilling permits. Mr. Yagong emphasized that this bill is a bill of commonsense and common decency, and the Council has jurisdiction over the health and welfare of the people of the County of Hawai`i. The County cannot ignore that people are suffering from sleep deprivation. Mr. Yagong shared that he spoke with Paul Thomsen, Director of Ormat/PGV, and was told that there are measures that they can take, such as using technology to mitigate the noise. AWESC Report No. 5 AWESC-5 Page 2 September 18, 2012 Mr. Ikeda asked Deputy Corporation Counsel Bill Brilhante to come forward. Mr. Ikeda asked Mr. Brilhante if the Council can legislate the drilling hours at PGV. Mr. Brilhante explained that PGV has complied with all requirements set forth under the Hawai`i Revised Statutes, Hawai`i County Code, and Planning Commission to obtain the appropriate permits. This bill would disregard all this and make them comply with new requirements that are more stringent than what was granted under the original permit. Mr. Brilhante feels that PGV has not done anything at this point to necessitate these changes. He is not sure if the Council has the authority to make an amendment to the original permit issued by the Planning Commission. Mr. Ikeda called Mike Keleikini, PGV Manager, to come forward. He asked Mr. Keleikini if PGV has looked into different methods for sound mitigation. Mr. Keleikini responded that they have looked at different methods and have already implemented insulation, barriers, and positioned equipment a certain way to reduce noise. PGV is constantly looking at ways to improve their sound mitigation efforts. Mr. Ikeda asked if it was possible to mitigate the sound around the drill site rather than the plant. Mr. Keleikini replied that it is possible. Mr. Hoffmann asked why the Administration has not taken the initiative to address this issue. He understands that PGV has adhered to the specific guidelines of their permit under the Department of Land and Natural Resources (DLNR), but there is a public health and safety issue that needs to be addressed. He wants the Council, the Administration, and other agencies to work together cooperatively. Mr. Pilago stated that PGV and County representatives have provided comment and expressed their concerns, but they did not address the impact on the community's quality of life. Ms. Ford explained that the County Council operates under the State Constitution and the Hawai`i County Charter. Our Charter assigns the policy-making functions to the County Council. She referenced Planning Director Bobby Jean Leithead-Todd's letter (Communication No. 825.1), which questions the County's jurisdiction to control geothermal-related drilling noise when the permit for such drilling activities are issued by DLNR. Ms. Ford claims that the Council can set policy. The letter also questions which County agency would be responsible for enforcement. Ms. Ford explained that if the Planning Commission is issuing the permits and they operate under the Planning Department, then the Planning Department should be responsible for enforcement. Ms. Ford emphasized that this is a policy bill. It does not prohibit geothermal or drilling on this island, it just sets the drilling time. She believes that the Council has the legal right and obligation to protect the public and that it has jurisdiction under the State Constitution and the County Charter to set policy. Furthermore, because the drilling times are not covered by any State law, the County has the right to set policy on this particular issue to protect the public health, safety and welfare. Ms. Ford feels that it is unfortunate that an industrial operation was allowed in an agriculture district that is also a residential area. Ms. Smart is not concerned with whose jurisdiction this falls under or which department will be responsible for enforcement; she just wants this passed, and the rest of the details can be worked out later. AWESC-5 Page 3 September 18, 2012 Mr. Ikeda called Mr. Keleikini back to the table to ask him about PGV's decibel range. Mr. Keleikini stated that it usually averages around 55 decibels during the day and night, but the background noise at night is generally higher, which is mostly due to the coqui frogs. It is above 60 decibels during drilling. Mr. Ikeda asked what 55 decibels mean. Mr. Keleikini answered that if you are within arms reach of someone and you need to raise your voice so that the other person can hear, then that is around 60-65 decibels. Mr. Ikeda also wanted to know the height of the drilling rig. Mr. Keleikini replied that it is 250-feet high. Your Committee on Agriculture, Water and Energy Sustainability is in accord with the purpose and intent of Bill No. 292, and recommends its passage on first reading. dwe AYES NOES A&E EX Respectfully submitted, BLAS X FORD x COMMITTEE ON AGRICULTURE, WATER HOFFMANN x AND ENERGY SUSTAINABILITY IKEDA X _ ONISHI ��' PILAGO X X a SMART x J YOS- V •TO, CHAIR YAGONG x AWESC REPORT NO. 5 YOSHIMOTO x ADOPTED: OCT 0 3 2012