HomeMy WebLinkAbout2026-10-12 Sierra Club Hawaii Island Group Support
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From: on behalf of Moku Loa Hawaii Island Sierra Club
To: Planning LPC Testimony
Subject: Written Testimony, Agenda Item #6, Bill 170 Draft 1
Date: Monday, October 12, 2026 1:43:33 PM
Attachments: LPC testimony 10-15-26 re Bill 170 data centers.docx
Aloha, Please see attached written testimony.
Mahalo nui loa to your volunteer service!
Moku Loa (Hawaii Island) Group, Sierra Club
We work hard to advance Sierra Club’s mission to explore, enjoy, and protect the wild places of the earth; to practice and promote the responsible use of the
earth’s ecosystems and resources; to educate and enlist humanity to protect and
restore the quality of the natural and human environment; and to use all lawful
means to carry out these objectives.
October 12, 2026
Leeward Planning Commission c/o County of Hawai’i 101 Pauahi Street, Suite 3 Hilo HI 96720
RE: Agenda Item #6, proposed amendments to Bill 170, Draft 1 Aloha Chair Au and Commission Members,
Mahalo for your dedicated volunteer service to our community.
The Sierra Club of Hawai’i, Hawai’i Island Group (HIG) asks that the Commission support a favorable recommendation for Bill 170, Draft 1.
HIG would like the Commission to consider the following proposed amendments to Sections 2
and 3 of Bill 170 to further define and clarify the purpose as described in Section 1. The legislative intent of Bill 170 is to effectively discourage the development and approval of large-scale data centers by defining “data center” as separate and distinct from “data processing
facilities”.
As a result of public testimony and discussions during the Windward Planning Commission meeting on September 3rd, HIG would like to propose the following amendments to further the legislative intent of Bill 170:
SECTION 2. Chapter 25, article 1, section 25-1-5, of the Hawai`i County Code 1983 (2016 Edition, as amended) is amended by amending the definition of "data processing facility" in subsection(b) to read as follows:
“Data processing facility" means an establishment primarily involved in the compiling,
processing, storage, transmission, dissemination and/or maintenance of documents, records, and other types of information in digital form utilizing a mainframe computer, servers, and networking equipment, including telecommunications facilities, communication network infrastructure, central offices,
switching facilities, internet
exchange facilities, public safety communications facilities, or facilities where data processing equipment is incidental to the property's primary use . This term does not include data centers,
general business offices, computer-related sales establishments, and business or personal services."
SECTION 3. Chapter 25, article 1, section 25-1-5, of the Hawai'i County Code 1983 (2016 Edition, as amended) is amended by adding a definition in subsection (b) to be appropriately inserted and to read as follows:
"Data center" means all the buildings, equipment, structures, and other stationary items, such as
server racks, that:
1) Are located on a single site or on contiguous, adjacent, or otherwise connected sites; 2) Are owned or operated by the same entity or by any entity that controls, is controlled by, or is under common control with that entity, regardless of whether the site is a single-occupant or multi-occupant facility; and
3) Have a maximum rated power capacity or total peak power load of five megawatts or
more and are used for the operation of computer systems and associated equipment for the processing, computing, transmission, or dissemination of digital data.
The term does not include telecommunications facilities used primarily to provide telephone, broadband, cable, or other communications services to the public.”
In addition, HIG asks the Leeward Planning Commission members to reject the amendments proposed in the Planning Director’s Recommendation Report because: 1) there has not been sufficient time to properly vet the proposed regulatory amendment, and
2) the Planning Department is currently working with a consultant to draft a comprehensive revision to both county code Chapter 25, Zoning, and Chapter 23, Subdivisions. Therefore, it is extremely premature to propose the Planning Director’s recommended amendments.
Mahalo for this opportunity to testify.