HB155 SD2

PART I.

SECTION 1. Hawaii is home to two of the world's premier astronomy observatories, Haleakala on Maui and Mauna Kea on Hawaii. Mauna Kea is considered the finest observing site in the world. One of the most critical needs for preserving the value of these sites is to reduce bright sources of light that penetrate the dark night sky. Recent nighttime images from the international space station revealed that some of the brightest sources of light on Maui and Hawaii are the airports and harbors on both islands. Astronomers on Mauna Kea are now detecting artificial light sources from urban areas that are diminishing the telescopes' ability to do research.

The purpose of the Act is to require the department of transportation, to the extent that it is practical, to comply with county ordinances and standards relating to outside lighting for all new installations at airports, harbors, and highways; provided that the compliance with county ordinances and standards do not conflict with any safety regulation or federal law, regulation, or mandate.

SECTION 2. Chapter 262, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"§262- Outdoor lighting. To the extent that is practical and not in conflict with any safety regulation or federal law, regulation, or mandate, if any airport rule or standard relating to outdoor lighting on any ramp or apron area, roadway, or parking lot conflicts with any county ordinance or other rule regarding outdoor lighting, the more stringent requirement or standard shall govern all new installations of outdoor lighting."

SECTION 3. Chapter 264, Hawaii Revised Statutes, is amended by adding a new section to part III to be appropriately designated and to read as follows:

"§264- Highway lighting. To the extent that is practical and not in conflict with any safety regulation or federal law, regulation, or mandate, if any highway rule or standard relating to highway lighting conflicts with any county ordinance or other rule regarding highway lighting, the more stringent requirement or standard shall govern all new installations of highway lighting."

SECTION 4. Chapter 266, Hawaii Revised Statutes, is amended by adding a new section to part I to be appropriately designated and to read as follows:

"§266- Outdoor lighting. To the extent that is practical and not in conflict with any safety regulation or federal law, regulation, or mandate, if any harbor rule or standard relating to outdoor lighting at any harbor facility conflicts with any county ordinance or other rule regarding outdoor lighting, the more stringent requirement or standard shall govern all new installations of outdoor lighting."

PART II.

SECTION 5. The legislature finds that Hawaii's dependence on petroleum for about ninety per cent of its energy needs is more than any other state in the nation. This makes the State extremely vulnerable to any oil embargo, supply disruption, international market dysfunction, and many other factors beyond the control of the State. The use of biofuels would counteract the deleterious effects of a sudden shortage of petroleum fuels. The intent of this part is for the State to store enough biofuels to be used for the generation of power or heat. The legislature considers biofuel storage and transmission to be the beginning of the process of weaning the State from dependence on imported oil.

The purpose of this part is to require the department of transportation to include biofuel storage and transmission infrastructure in all harbor improvement master plans.

SECTION 6. Chapter 266, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"§266- Biofuel storage and transmission infrastructure. The department of transportation shall include biofuel storage and transmission infrastructure in all harbor improvement master plans. The activities relating to the storage of biofuels and biofuel feedstock, byproducts, denaturant, and transmission infrastructure shall be considered "maritime related" as defined in section 171-59 and shall constitute a permitted use on state harbor lands. Notwithstanding any law to the contrary, the production or manufacture of biofuels shall be prohibited on state harbor lands.

For purposes of this section, "biofuel" means fuel from non-petroleum plant or animal based sources that can be used for the generation of power or heat."

PART III.

SECTION 7. New statutory material is underscored.

SECTION 8. This Act shall take effect on July 1, 2007.

HOUSE OF REPRESENTATIVES	H.B. NO.	155
TWENTY-FOURTH LEGISLATURE, 2007		H.D. 1
STATE OF HAWAII		S.D. 2