| 47 | | - | 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, promote the use of renewable energy sources, 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 also of transportation and other uses of fossil fuels. With the advancement of various technologies, there are now more renewable fuel options available to replace fossil fuels and mitigate carbon emissions. 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 policies that promote renewable fuels. The legislature recognizes that the State has a role to play in continuing to support renewable energy. 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 energy and emission reduction goals by allowing the board to lease, without public auction, certain public lands to public utilities and renewable energy producers. However, the legislature finds that the definition of "renewable energy producer" could be broadened to allow more public lands to be leased for the generation of more types of renewable energy. Accordingly, the purpose of this Act is to broaden the definition of "renewable energy producer" that is used to determine the board of land and natural resources' disposition of public lands to renewable energy producers. It is not the intent of this Act to address the regulation of public utilities or the topic of wheeling. 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 producer of renewable energy, as defined in section 269-91, that uses the renewable energy to provide district heating or cooling services; provided that a producer or developer of renewable energy or grower or producer of materials used primarily for the production of biofuels or other fuels does not meet this definition unless the production or development of the renewable energy, biofuel, or other fuel has lifecycle greenhouse gas emissions at least seventy-five per cent below that of the fossil fuel that is most likely to be replaced by that renewable energy source, biofuel, or other fuel; provided further that nothing in this definition shall be construed to allow wheeling that is not authorized by law or rule or approved by the public utilities commission." 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. |
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| 47 | + | 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. |
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