HOUSE OF REPRESENTATIVES	H.B. NO.	2798
THIRTY-SECOND LEGISLATURE, 2024		H.D. 1
STATE OF HAWAII

A BILL FOR AN ACT

RELATING TO ENERGY.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

SECTION 1. The legislature finds that the protection of the State's natural environment is of paramount importance. Act 246, Session Laws of Hawaii 1974, established environmental requirements for certain types of projects. Subsequently, the legislature passed Act 55, Session Laws of Hawaii 2004, which amended the law regarding environmental requirements to include power-generating facilities. However, Act 55 limited affected power-generating facilities to those that generate electricity using fossil fuel. After the passage of Act 55, further research determined that the combustion of any type of fuel creates air pollution that harms the natural environment and human health. Therefore, addressing all types of fuel combustion, rather than solely fossil fuel combustion, will further protect the State's natural resources and overall public health.

Accordingly, the purpose of this Act is to amend the types of power-generating facilities that trigger an environmental assessment.

SECTION 2. Section 343-2, Hawaii Revised Statutes, is amended by amending the definition of "power-generating facility" to read as follows:

""Power-generating facility" means:

(1) A new[, fossil-fueled,] combustion electricity-generating facility, where the electrical output rating of the new equipment exceeds 5.0 megawatts[;], including facilities not in commercial operation as of January 1, 2024, that plan to operate commercially after January 1, 2024; or

(2) An expansion in generating capacity of an existing[, fossil-fueled,] combustion electricity-generating facility, where the incremental electrical output rating of the new equipment exceeds 5.0 megawatts[.] and the additional capacity being added exceeds 5.0 megawatts."

SECTION 3. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 4. This Act shall take effect on July 1, 3000.

Report Title:

Environmental Impact Assessments; Power-generating Facilities; Combustion; Electricity

Description:

Amends the types of proposed power-generating facilities that trigger an environmental assessment to include new combustion electricity-generating facilities operating commercially after 1/1/2024 that were not previously operational and certain expansions in generating capacity of existing combustion electricity-generating facilities. Effective 7/1/3000. (HD1)

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