THE SENATE

S.B. NO.

3195

THIRTY-SECOND LEGISLATURE, 2024

S.D. 2

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

RELATING TO RENEWABLE ENERGY.

 

 

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

 

     SECTION 1.  The legislature finds that it has established goals for the State to achieve a one hundred per cent renewable energy portfolio standard by 2045, reduce greenhouse gas emissions to at least fifty per cent below 2005 levels by 2030, and uphold the State's zero emissions clean economy target to sequester more atmospheric carbon and greenhouse gases than emitted within the State by no later than 2045.

     The legislature also finds that greenhouse gas emissions are not just the result of electricity generation, but are also the result of transportation and aviation sectors, which utilize fossil fuels.  Electric vehicle targets additionally have been undermined by the fact that electric vehicles are charged by the grid, which is powered by seventy per cent fossil fuels.  With the advancement of various technologies, there are now more renewable fuel options available to help facilitate the replacement of fossil fuels and mitigate carbon emissions, including those produced by transportation and aviation.  These advancements include sustainable aviation fuels and hydrogen, which can help the State reach its renewable energy goals.  However, with limited land, it is difficult to advance those policies.  The legislature recognizes that the State has a role to play in continuing to support the achievement of its renewable energy targets.

     The legislature further finds that section 171-95, Hawaii Revised Statutes, enables the board of land and natural resources to assist in the State's achievement of its renewable electricity goals, by allowing the board to lease public lands to renewable energy producers without public auction.  The legislature finds, however, that the definition of "renewable energy producer" in this section includes a requirement that the renewable energy producer sell all of the net power produced from the demised premises to electric utility companies regulated under chapter 269, Hawaii Revised Statutes, which governs the Public Utilities Commission, and all of the thermal energy it produces to customers of district cooling systems.  The legislature finds that the State's quest for renewable energy goes beyond electricity and electric utilities as users of renewable energy.

     Accordingly, in furtherance of the State's renewable energy goals, the purpose of this Act is to amend the definition of "renewable energy producer" in section 171-95, Hawaii Revised Statutes, to:

     (1)  Incorporate the definition of "renewable energy" as defined in section 269-91, Hawaii Revised Statutes, relating to the States' renewable portfolio standards;

     (2)  Repeal the requirement that the renewable energy producer sell all of the net power produced from the demised public land to electric utility companies regulated under chapter 269, Hawaii Revised Statutes, and all of the thermal energy it produces to customers of district cooling systems; and

     (3)  Include any provider of district heating or cooling services utilizing renewable energy.

     SECTION 2.  Section 171-95, Hawaii Revised Statutes, is amended by amending subsection (c) to read as follows:

     "(c)  For the purposes of this section, "renewable energy producer" means:

     (1)  Any producer or developer of [electrical or thermal] renewable energy [produced by wind, solar energy, hydropower, geothermal resources, landfill gas, waste-to-energy, ocean thermal energy conversion, cold seawater, wave energy, biomass, including municipal solid waste, biofuels or fuels derived from organic sources, hydrogen fuels derived primarily from renewable energy, or fuel cells where the fuel is derived primarily from renewable sources] as defined in section 269-91, that [sell all of] sells the net power produced from the demised premises [to an electric utility company regulated under chapter 269 or that sells all of the thermal energy it produces to customers of district cooling systems; provided that up to twenty-five per cent of the power produced by a renewable energy producer and sold to the utility or to district cooling system customers may be derived from fossil fuels; or];

     (2)  Any grower or producer of plant or animal materials used primarily for the production of biofuels or other fuels; provided that nothing herein is intended to prevent the waste product or byproduct of the plant or animal material grown or produced for the production of biofuel, biogas, hydrogen, or other fuels[, electrical energy, or thermal energy,] from being used for other useful purposes[.]; or

     (3)  Any provider of district heating or cooling services utilizing renewable energy."

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

     SECTION 4.  This Act shall take effect on January 1, 2060.

 

 

 

Report Title:

BLNR; Disposition of Public Lands; Direct Negotiation; Renewable Energy Producers; Definition

 

Description:

Amends the definition of "renewable energy producer" in section 171-95, HRS, which allows the Board of Land and Natural Resources to lease public lands to renewable energy producers without public auction, to:   incorporate the definition of "renewable energy" as defined in section 269-91, HRS; repeal the requirement that the renewable energy producer sell all of the net power produced from the public land to electric utility companies regulated under chapter 269, HRS, and all of the thermal energy it produces to customers of district cooling systems; and include any provider of district heating or cooling services utilizing renewable energy.  Takes effect 1/1/2060.  (SD2)

 

 

 

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