HomeMy WebLinkAboutRES 042 Draft 01 2012-2014 COUNTY OF HAWAII :•f6�'-' ''/ •` STATE OF HAWAII
RESOLUTION NO. 42 13
A RESOLUTION TO STRONGLY URGE THE 2013 HAWAII STATE LEGISLATURE
TO REPEAL ACT 97 OF 2012 IN ITS ENTIRETY, RELATING TO GEOTHERMAL
RESOURCES.
WHEREAS, the Hawai`i County Council supports energy sustainability in the State and
County of Hawai`i; and
WHEREAS, in 1983, the Hawai`i State Legislature enacted Act 296, known as the
Geothermal Resource Subzone Assessment and Designation Law, which contained two
significant parts: (1) creation of geothermal resource subzones, and(2) granting counties the
authority over geothermal permitting; and
WHEREAS, Act 296, Section 1, states, "The legislature finds that the development and
exploration of Hawaii's geothermal resources is of statewide concern, and that this interest must
be balanced with interests in preserving Hawaii's unique social and natural environment. The
purpose of this Act is to provide a policy that will assist in the location of geothermal resources
development in areas of the lowest potential environmental impact."; and
WHEREAS, Act 97, signed into law by the Honorable Governor Neil Abercrombie on
April 30, 2012, does the following: (1) amends Chapter 182, Hawai`i Revised Statutes (HRS),
relating to mining, giving the Board of Land and Natural Resources authority to issue permits for
geothermal exploration, (2) amends Chapter 183C, HRS, relating to conservation districts, to
permit geothermal activity in all conservation district zones, and (3) amends Chapter 205, HRS,
by repealing Sections 205-5.1 and 205-5.2 that were created by Act 296, relating to geothermal
resource subzone provisions, county permitting, and designating geothermal exploration and
development as permissible uses in all four major land use districts; and
WHEREAS, repealed Subsection 205-5.1(e) states in part that"The appropriate county
authority shall grant a geothermal resource permit if it finds that applicant has demonstrated that:
(1) The desired uses would not have unreasonable adverse health, environmental, or
socio-economic effects on residents or surrounding property;
(2) The desired uses would not unreasonably burden public agencies to provide roads
and streets, sewers, water, drainage, school improvements, and police and fire
protection; and
(3) That there are reasonable measures available to mitigate the unreasonable adverse
effects or burdens referred to above."; and
WHEREAS, repealed Subsection 205-5.2(a) states in part that "Beginning in 1983, the
board of land and natural resources shall conduct a county-by-county assessment of areas with
geothermal potential for the purpose of designating geothermal resource subzones." This
assessment was mandated to be revised or updated at least once every five years beginning in
1988. It also states that "An environmental impact statement as defined under chapter 343 shall
not be required for the assessment of areas under this section."; and
WHEREAS, the preservation of Hawai`i's unique social and natural environment and
placing geothermal development in areas of low potential environmental impact was a
"considered part" of repealed Sections 205-5.1 and 205-5.2, HRS, which mandated a deliberate,
respectful, careful, well-thought-out approach to geothermal energy for the protection of the
people, properties, social-cultural values, and the environment; and
WHEREAS, draft report, "2012 Senate Energy and Environment Committee
Accomplishments," states that Act 97 relaxes the restrictions on geothermal development by: (1)
requiring geothermal resources exploration and development, as defined in the act, to be
permissible uses in all State land use districts, and (2) repealing provisions relating to geothermal
resource subzones and exploratory wells; and
WHEREAS, Act 55, Session Laws of Hawai`i 2011, created the Public Land
Development Corporation (PLDC), which removed local involvement or control in the
regulatory and permitting process; and
WHEREAS, the PLDC has the ability to subsidize and promote development without
regard for county permitting requirements, but must follow State laws; and
WHEREAS, 2012 Senate Resolution No. 25, a final measure that led to Act 97, states in
part that: "...the Public Land Development Corporation is urged to identify public trust land on
the Islands of Hawaii and Maui with geothermal resources that may be developed; and ...is
urged to work with the Department of Land and Natural Resources to develop and implement
geothermal projects on the Islands of Hawaii and Maui..."; and
WHEREAS, Act 97 allows geothermal exploration and development on all State land
use districts anywhere in the State of Hawai`i without regard to many significant issues
including: social and environmental factors; the need of the respective counties to control their
own zoning, permitting, building, health and public safety standards; potential environmental
impact to flora and fauna, surface and ground water resources, ambient air quality, ambient noise
levels, impact of decibel levels or infrasonic sounds; historical, cultural, and archaeological
resources; scenic and aesthetic values; risks to people and property; and removing geothermal
resource subzones and any requirement for Environmental Impact Statements; and
WHEREAS, the elimination of subzones by Act 97, the lack of required Environmental
Assessment or Environmental Impact Statements which would provide input on the above-
mentioned issues, and the use of the Public Lands Development Corporation as it exists today
creates severe flaws in the balance between geothermal expansion and the public interest by
disregarding the protection of the people and their health, protection of the environment,
terminating the counties' self-rule, and dismissing the needs and desires of the people of the
State of Hawai`i; now, therefore,
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BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAII that it
strongly urges the 2013 State Legislature to repeal Act 97 of 2012 in its entirety, thus, restoring
Sections 205-5.1 and 205-5.2 to the Hawai`i Revised Statutes.
BE IT FURTHER RESOLVED that the Hawai`i County Council requests the County
Councils of Kaua`i, Maui, and the City and County of Honolulu to provide similar resolutions to
the 2013 Hawai`i State Legislature urging the repeal of Act 97.
BE IT FINALLY RESOLVED that the County Clerk shall forward copies of this
resolution to the Honorable Governor Neil Abercrombie; members of the Hawai`i State Senate
and House of Representatives; the Council Chairpersons for the City and County of Honolulu,
Maui and Kaua`i; and the Honorable Mayor William P. Kenoi.
Dated at Kona , Hawai`i, this 23rd day of January , 2013.
INTRODUCED BY:
COUNCIL MEMBER, COUNTY OF HAWAII
COUNTY COUNCIL ROLL CALL VOTE
County of Hawai`i AYES NOES ABS EX
Hilo, Hawaii EOFF X
FORD X
I hereby certify that the foregoing RESOLUTION was by ILAGAN X
the vote indicated to the right hereof adopted by the COUNCIL of the KANUHA
County of Hawaii on January 23, 2013 X
KERN X
ONISHI X
ATTEST: POINDEXTER X
WILLE X
YOSHIMOTO X
8 0 1 0
/ ' Air Reference: C-87/Waived AWESC
,COUNTY CLERK CHAIRPERSO" &PRESIDING OFFICER RESOLUTION NO. 42 13
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