Honolulu, Hawaii



RE:    H.B. No. 590

       H.D. 1

       S.D. 1




Honorable Colleen Hanabusa

President of the Senate

Twenty-Fifth State Legislature

Regular Session of 2009

State of Hawaii




     Your Committees on Energy and Environment and Transportation, International and Intergovernmental Affairs, to which was referred H.B. No. 590, H.D. 1, entitled:




beg leave to report as follows:


     The purpose of this measure is to expedite the processing and approval or denial of any permit plan application for the siting, development, construction and operation of a renewable energy facility, by:


     (1)  Requiring the permitting agency to provide the energy resources coordinator, within thirteen months after the permit application is complete, a report identifying diligent measures that are being taken by the agency to complete permit processing and requiring the agency to take action as soon as practicable; and


     (2)  Giving the energy resources coordinator the authority, subject to certain time requirements, to deem a completed permit application approved if the permitting agency either (A) does not report any further processing or action after it submits its report to the energy resources coordinator, or (B) fails to provide the energy resources coordinator with its report and has not approved or denied the application.


     Testimony in support of this measure was submitted by one state department.  Testimony in support of the measure, with suggested amendments, was submitted by two private organizations.  Testimony in opposition to the measure was submitted by one private organization.  Written testimony presented to your Committees may be reviewed on the Legislature's website.


     Your Committees find that fostering predictability and certainty in the permitting process for renewable energy projects will reduce Hawaii's reliance on fossil fuels and will assist the State in meeting its 2030 renewable energy mandates for the health and welfare of the residents of Hawaii.


     Your Committees have amended this measure by:


     (1)  Requiring that the energy resources coordinator give notice that a permit plan application is subject to 201N-4, Hawaii Revised Statutes, before the agency reporting and deemed approved provisions of 201N-4(g), Hawaii Revised Statutes, apply;


     (2)  Clarifying the calculation of the time period preceding the date on which the energy resources coordinator may deem the permit approved;


     (3)  Changing its effective date from January 1, 2020 to July 1, 2009; and


     (4)  Making a technical, nonsubstantive change for style.


     As affirmed by the records of votes of the members of your Committees on Energy and Environment and Transportation, International and Intergovernmental Affairs that are attached to this report, your Committees are in accord with the intent and purpose of H.B. No. 590, H.D. 1, as amended herein, and recommend that it pass Second Reading in the form attached hereto as H.B. No. 590, H.D. 1, S.D. 1, and be referred to the Committee on Judiciary and Government Operations.


Respectfully submitted on behalf of the members of the Committees on Energy and Environment and Transportation, International and Intergovernmental Affairs,