Hawai`i Climate Change Legislation, Regulation & Resources

Hawai`i State Capitol

Legislation
Act 132 (2003) Representative Thielen, HB 1328. Consumer advocate shall consider the long-term benefits of renewable resources.
Act 177 (2007) Representative Morita, HB 1005. Public Utilities Commission (PUC) may consider the need for increased renewable energy.

Act 234 (2007) Representative  Green, HB 226. The Department of Business, Economic Development and Tourism (DBEDT) and the Department of Health (DOH) shall update the Greenhouse Gas (GHG) inventory. Established the GHG Emissions (GHGE) reduction task force. DOH shall administer GHG emission program.
Act 109 (2011) Senator Gabbard, SB 1482. PUC shall explicitly consider, quantitatively or qualitatively, greenhouse gas emissions.
Act 286 (2012) Governor, SB2745. Collaboration and cooperation among county, state, and federal agencies re climate change.


Act 32 (2017) Senator English, SB 559. Partial adherence to the Paris Climate Agreement
Reports
Honolulu Climate Change Commissionʻs Sea Level Rise Guidance (June 2018)

Honolulu Climate Change Commissionʻs Climate Change Brief (June 5, 2018)

Hawai`i Public Utilities Commission

Regulation: HECO, Biofuels & Climate Change (2005-07)
Hawaiian Electric Company (HECO) proposed a new generator in 2005. At first, it was to be powered by ethanol, then rainforest palm oil biodiesel.

Life of the Land (LOL) intervened in the Public Utilities Commission (PUC) proceeding and filed several climate change-related testimonies. Life of the Land grilled HECO witness after HECO witness on climate change in the Evidentiary Hearing held in December 2006.

Testimony of Henry Curtis re HECO CIP T-1 (2006) re overview and biofuels

Testimony of Kat Brady re HECO CIP T-1 (2006) re climate science
Testimony of Jeffrey Mikulina re HECO CIP T-1 (2006) re externalities
Cross-examination of HECO Witnesses in December 2006 led to HECO acknowledgment of fossil fuel-induced climate change.

The HECO Board of Directors held a meeting in January 2007 in which they acknowledged the role of climate change. HECO Board of Directors Adopts Climate Change Position (2007). This action was reported in the “Hawaiian Electric Company 2007 Corporate Sustainability Report.”

HECO filed its third Integrated Resource Planning (IRP-3) application in 2003. Life of the Land was the sole intervenor. “HECO, the Consumer Advocate, and LOL agree that the issue of Climate Change requires attention throughout the IRP-4 process [] HECO and the Consumer Advocate agree that LOL should be a member of the HECO IRP-4 Advisory Group.” (PUC D&O, March 21, 2007)

“HECO conducted a Climate Change and Global Warming technical session in HECO's IRP-4”. “The format of this technical session was developed with input from Henry Curtis (Executive Director of Life of the Land) and from the HECO IRP Advisory Group membership in general. Fifteen speakers with a broad range of expertise provided a balanced discussion of the issues.” (June 8, 2007)


HECO & Rainforest Biofuels (2007-09)

HECO proposed powering the proposed CIP T-1 turbine with Indonesia and Malaysian rainforest palm oil biodiesel. Life of the Land was the sole intervenor. (2007)

Hu Honua (2017-18)

Hu Honua proposed a biomass-to-electricity power generation station in Pepe`ekeo on the Hamakua Coast of the Big Island. Life of the Land intervened and raised issues regarding both power plant GHG emissions and agricultural GHG emissions (2017)

The PUC failed to consider GHG emissions. Life of the Land appeals Hu Honua to Hawai`i Supreme Court (2017)

Hawai`i Supreme Court (2017)
Sierra Club was denied to right to intervene in the PUC docket reviewing the biomass-coal-to-electricity contract between HC&S and MECO. Sierra Club appealed. Supreme Court
Hawai`i Supreme CourtPUC must explicitly consider, quantitatively or qualitatively, greenhouse gas emissions. HRS Chapter 269 is a law relating to environmental quality that defines the right to a clean and healthful environment under article XI, section 9. (December 2017)

Gas Company Rate Case (2017-18)
PUC admitted Life of the Land, 350 Hawai`i, and Hui Aloha Aina O Ka Lei Maile Ali`i into the Gas Company Rate Case, docket no. 2017-0105, to specifically address climate change. (2018)
Testimony of Kat Brady re Gas Company Rate Hike (2018)


Testimony of Sherry Pollack re Gas Company Rate Hike (2018)
Testimony of Henry Curtis re Gas Company Rate Hike (2018) Greenhouse Gas Accounting Systems


Joint Participantsʻ Opening Brief. Gas Company Rate Hike. (July 25, 2018)

Joint Participants` Reply Brief. Gas Company Rate Hike (August 15, 2018)

Open PUC Dockets
PUC grants intervention in Performance-Baed Ratemaking (PBR) docket.  Three intervenors—Ulupono, the City and County of Honolulu, and Life of the Land—raised climate change as an issue. (June 20, 2018) 

HECO proposed amendments to the contract with AES, whereby the combined GHG emissions would be less than the allowed combined limit. If they filed separate applications with DOH, the AES coal plant would fail, but HECO had excess headroom they were willing to share. Life of the Land, Sierra Club, and 350 Hawai`i filed motions to intervene. PUC deferred the action pending review by DOH, (Deferred)


HECO proposed that they and several Independent Power Producers submit GHG partnering applications with the Hawai`i DOH. Five partnering applications were filed on March 28, 2018. The public will be able to file comments. (Fall 2018)  





Web Sites for Significant Climate Change Legal Fights


The mission at BeyondKona is to advance an environmentally sustainable and 100% clean energy economy for Hawaii. Featured are daily news, research and analysis, commentary and community conversation focused on Hawai`iʻs changing climate, growing clean energy economy, and the environmental, social, and political elements which are shaping life in Hawaii and around the world.
Our Children's Trust elevates the voice of youth to secure the legal right to a stable climate and healthy atmosphere for the benefit of all present and future generations. Our mission is to protect the Earth`s atmosphere and natural systems for present and future generations. We lead a game-changing legal campaign seeking systemic, science-based emissions reductions and climate recovery policy at all levels of government. We give young people, those with most at stake in the climate crisis, a voice to favorably impact their futures. Juliana v. U.S.  State Legal Actions.

 The Sabin Center for Climate Change Law develops legal techniques to fight climate change, trains law students and lawyers in their use and provides the public with up-to-date resources on key topics in climate law and regulation. We work closely with the scientists at Columbia University’s Earth Institute and with governmental, nongovernmental and academic organizations. U.S. Climate Change Litigation.



Climate Blogs


We fight for scientists and defend scientific integrity by exposing and challenging these attacks against science to preserve academic freedom and prevent manipulation of public policy

Louisiana State University (LSU) Law Center: Climate Change Law and Policy ProjectFocusing on the unique risks faced by Southern Louisiana and the Mississippi Delta and providing an impartial analysis of adaptation strategies and guidance for policymakers.


Center for Climate and Energy Solutions (C2ES) is the successor to the Pew Center on Global Climate Change

Climate Interactive BlogWashington, D.C.


Climate WireE&E News, Media organization

Daily Climate, Environmental Health Sciences, a Nonprofit media organization

DeSmogBlog, a highly cited Victoria, British Columbia blog


Inside Climate NewsNonprofit media organization

Nature — Climate ChangeNature Research



Life of the Land`s Climate Change Statements (1999-2004)

LOL Energy for the Millennium Conference included Global Warming. November 5-6, 1999Mamiya Theatre at Chaminade University

“Pat Tummons, editor of Environment Hawai`i (the bible of the environmental movement) will speak about global warming and air pollution caused by fossil fuel burning, sulfur-belching power plants.” (DBEDT Energy Resources Coordinator Report, 1999)

Hawaii Energy Strategy 2000 (January 2000) Section 17.2.1. Comments by Henry Curtis, Executive Director, Life of the Land. 

Global Warming. The effects of global warming on Hawaii cannot be overstated. We understand that Hawaii is contributing 0.3 of 1% [of the U.S. contribution] to global warming, but raising the consciousness of the people of Hawaii is an important step in reducing our emissions. Prohibiting the construction of any more fossil fuel burning power generation plants. We therefore recommend that an effort be made to inform and educate the public on global warming issues.

None of the three scenarios reduced greenhouse gas emissions below the Kyoto target of less than 7% less than the 1990 levels. (Draft HES 2000 Summary Page 15) All scenarios assume that Hawaii can not meet the Kyoto Protocol.

Life of the Land strongly urges that at least one scenario be analyzed that meets the Kyoto target! [The final HES 2000 contains a scenario in Chapter 13 that reduces emissions below the Kyoto target.] Perhaps a second scenario should look at how we could exceed the Kyoto target and then profit from marketing the excess [emissions savings] to other utilities not blessed with our renewable options.

East O‘ahu Transmission Project: A Report on Public Input Collected in June and July 2003 By 3Point Consulting (September 2003), Report sponsored by Hawaiian Electric Company, Inc. p. 46.

Life of the Land, CAC Representative, Henry Curtis ...Upon further review of LOL’s point (j) regarding examples of deterministic planning, we decided to remove the parenthetical phrase it references, as it was a digression that may cause unnecessary confusion. There are numerous real-world instances of planning and rulemaking done without regard to probability. Some of the most intriguing cases for such deterministic thinking are so-called “zero-infinity” problems such as a potential nuclear disaster or global warming. In these instances, some advocate the so-called “precautionary principle.” There are other parallels, but adequate discussion of these would require considerable, technical explanation of probability theory, risk behavior, decision-making analysis, cost-benefit analysis, and other academic subjects that are clearly beyond the scope of this report. We thank LOL for bringing this to our attention.

Life of the Land`s Statement of PositionDocket No. 2003-0371 re Distributed Generation, dated May 7, 2004.

The huge negative economic externalities associated with the use of imported fossil fuels is separate and apart from the equally devastating negative environmental externalities associated with fossil fuels: ocean-based oil spills since 1970 totaling greater than 100 Exxon Valdez; extensive land-based spills far exceeding ocean-based spills, and even greater air releases, including the majority of the global warming gases released by mankind. The IRP process notes and ignores environmental impacts.


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Comments

  1. Loads of GREAT information that needs to be indexed by topics:
    Climate Data; Sea Levels; 4 Counties; Existing State Legislation; Proposed State Legislation; County Legislation; Global Issues/Reports; Maps; Fossil Fuels; Alternative Sources (Wind/Solar/Geothermal); etc.

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