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| 1 | - | HOUSE OF REPRESENTATIVES H.B. NO. 2798 THIRTY-SECOND LEGISLATURE, 2024 | |
| 1 | + | HOUSE OF REPRESENTATIVES H.B. NO. 2798 THIRTY-SECOND LEGISLATURE, 2024 STATE OF HAWAII A BILL FOR AN ACT relating to energy. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII: | |
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| 3 | 3 | HOUSE OF REPRESENTATIVES H.B. NO. 2798 | |
| 4 | - | THIRTY-SECOND LEGISLATURE, 2024 | |
| 4 | + | THIRTY-SECOND LEGISLATURE, 2024 | |
| 5 | 5 | STATE OF HAWAII | |
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| 7 | 7 | HOUSE OF REPRESENTATIVES | |
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| 9 | 9 | H.B. NO. | |
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| 11 | 11 | 2798 | |
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| 13 | 13 | THIRTY-SECOND LEGISLATURE, 2024 | |
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| 17 | 17 | STATE OF HAWAII | |
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| 31 | 31 | A BILL FOR AN ACT | |
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| 37 | 37 | relating to energy. | |
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| 43 | 43 | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII: | |
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| 47 | - | 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 | |
| 47 | + | 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 impact assessment requirements for certain types of projects. Subsequently, the legislature passed Act 55, Session Laws of Hawaii 2004 (Act 55), which clarified existing law regarding environmental impact assessment requirements to include power-generating facilities. However, Act 55 limited affected power-generating facilities to those that generate electricity using fossil fuel. Since 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 continue protection of the State's natural resources and overall public health. Accordingly, the purpose of this Act is to require environmental impact assessments for certain power-generating facilities that rely on combustion of any type of fuel. 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[.]; or (3) A conversion of an electricity-generating facility from one source of energy to another source, where the new source requires combustion and where the electrical output rating of the converted facility 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 upon its approval. INTRODUCED BY: _____________________________ | |
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| 49 | - | 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 | |
| 49 | + | 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 impact assessment requirements for certain types of projects. Subsequently, the legislature passed Act 55, Session Laws of Hawaii 2004 (Act 55), which clarified existing law regarding environmental impact assessment requirements to include power-generating facilities. However, Act 55 limited affected power-generating facilities to those that generate electricity using fossil fuel. Since 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 continue protection of the State's natural resources and overall public health. | |
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| 51 | - | Accordingly, the purpose of this Act is to | |
| 51 | + | Accordingly, the purpose of this Act is to require environmental impact assessments for certain power-generating facilities that rely on combustion of any type of fuel. | |
| 52 | 52 | ||
| 53 | 53 | SECTION 2. Section 343-2, Hawaii Revised Statutes, is amended by amending the definition of "power-generating facility" to read as follows: | |
| 54 | 54 | ||
| 55 | 55 | ""Power-generating facility" means: | |
| 56 | 56 | ||
| 57 | - | (1) A new[, fossil-fueled,] combustion electricity-generating facility, where the electrical output rating of the new equipment exceeds 5.0 megawatts | |
| 57 | + | (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] | |
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| 59 | - | (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." | |
| 59 | + | (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[.]; or | |
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| 61 | + | (3) A conversion of an electricity-generating facility from one source of energy to another source, where the new source requires combustion and where the electrical output rating of the converted facility exceeds 5.0 megawatts." | |
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| 61 | 63 | SECTION 3. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored. | |
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| 63 | - | SECTION 4. This Act shall take effect | |
| 65 | + | SECTION 4. This Act shall take effect upon its approval. | |
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| 65 | - | 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) The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent. | |
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| 69 | + | INTRODUCED BY: _____________________________ | |
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| 71 | + | INTRODUCED BY: | |
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| 73 | + | _____________________________ | |
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| 79 | + | Report Title: Environmental Impact Assessments; Power-Generating Facilities; Combustion; Electricity Description: Clarifies the definition of "power-generating facility" for the purposes of environmental impact assessments to include new combustion electricity-generating facilities operating beginning January 1, 2024, that were not previously operational. Includes power-generating facilities that are converting from one source of energy to another source, where the new source requires combustion and the electrical output rating of the converted facility exceeds 5.0 megawatts. The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent. | |
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| 71 | 87 | Report Title: | |
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| 73 | 89 | Environmental Impact Assessments; Power-Generating Facilities; Combustion; Electricity | |
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| 76 | 92 | ||
| 77 | 93 | Description: | |
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| 95 | + | Clarifies the definition of "power-generating facility" for the purposes of environmental impact assessments to include new combustion electricity-generating facilities operating beginning January 1, 2024, that were not previously operational. Includes power-generating facilities that are converting from one source of energy to another source, where the new source requires combustion and the electrical output rating of the converted facility exceeds 5.0 megawatts. | |
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| 87 | 103 | The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent. |