THE SENATE
S.B. NO.
553
THIRTY-THIRD LEGISLATURE, 2025
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. Existing law requires environmental assessments for certain types of projects and the legislature further passed Act 55, Session Laws of Hawaii 2004 (Act 55), to, in part, include any power-generating facility of a certain minimum output to require an environmental assessment pursuant to Hawaii's environmental impact statement law. However, Act 55 limited "power-generating facility" to those that generate electricity using fossil fuels.
Since 2004, further research has determined that the combustion of any type of fuel creates air pollution that harms the environment as well as human health. Therefore, assessing the environmental impact 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 expand the law requiring environmental assessments for power-generating facilities by redefining "power-generating facilities" to include those that rely on the combustion of any fuel source.
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[[Struck through: , fossil-fueled,]] [Underlined: combustion] electricity-generating facility, [Underlined: including facilities that plan to operate commercially after January 1, 2025,] where the electrical output rating of the new equipment exceeds 5.0 megawatts; [[Struck through: or]]
(2) An expansion in generating capacity of an existing[[Struck through: , fossil-fueled,]] [Underlined: combustion] electricity-generating facility, where the incremental electrical output rating of the new equipment exceeds 5.0 megawatts[[Struck through: .]][Underlined: ; or]
[Underlined: (3)] [Underlined: A conversion of an electricity-generating facility 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.]"
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 Statutory material to be repealed is bracketed and stricken.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:
_____________________________
Report Title:
Energy; Environmental Impact Assessments; Power-Generating Facilities; Combustion; Fuel Source
Description:
Clarifies the definition of "power-generating facility" for the purposes of environmental impact assessments to include facilities that rely on the combustion of any fuel source, including facilities operating beginning 1/1/2025, and facilities that convert 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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