Is Solar Hawaii’s Energy Panacea?

Today’s Pacific Business News reports, Group formed to seek a public acquisition of Hawaiian Electric Co.

The group calls itself “KULOLO” an acronym for “keep our utilities locally owned and locally operated.”  The group is lead by Robert Harris of Sunrun, formerly the executive director of the Sierra Club Hawaii. 

The only member of Kulolo identified on its website is The Alliance for Solar Choice (TASC).  According to TASC's website:

The Alliance for Solar Choice (TASC) leads the rooftop solar advocacy across the country.  Founded by the largest rooftop companies in the nation, TASC represents the vast majority of the market.  Its members include: Demeter Power; Silevo; SolarCity; Solar Universe; Sunrun; Verengo; and ZEP Solar.

Kulolo’s plans are short on details.  However, they do mention Kauai Island Utility Cooperative (KIUC) as a favorable model.  KIUC is a not-for-profit generation, transmission, and distribution cooperative owned and controlled by its members.  However, KIUC does not focus solely on solar energy.  KIUC’s energy portfolio includes a growing percentage of hydropower, photovoltaic, bio-fuel, and biomass.

Kulolo’s proposal, if it includes Oahu, should take into account land use policies that evolved over several generations.  Existing community and general plans direct growth away from agricultural lands and open space to the urban core.  Part of Oahu’s future will include communities that build up rather than out.  This means less rooftops for solar.

If Kulolo is successful, let us hope that the outcomes they pursue for the public are as sweet as their moniker. 

Is the Federal Government's Ambitious Proposal to Expand the Whale Sanctuary the Right Answer?

There are many iconic images of Hawaii, and near the top of that list is the endangered Humpback whale breaching in Hawaii's waters during its seasonal migration.

Source: Pacific Whale Foundation

The Hawaiian Islands Humpback Whale National Marine Sanctuary, was created by Congress in 1992, and approved by Hawaii's governor.  The purpose of the Sanctuary is to protect humpback whales in Hawaii.  It is administered by the National Oceanic and Atmospheric Administration (NOAA), under the U.S. Department of Commerce.  The Sanctuary currently encompasses 1,400 square miles, including the channel between the populated islands of Maui, Lanai, and Molokai.

The current Sanctuary model seems to be working. NOAA research finds that “Humpbacks are increasing in abundance in much of their range.”  Even with its success, the Sanctuary remains relevant.  As the population of whales increases, human-whale interactions increase.

NOAA is proposing an expansion of the Sanctuary. The proposal includes expanding the federal government’s regulatory oversight of uses and activities (e.g., fishing, energy, recreation, commerce, etc.) within the expanded Sanctuary boundaries. The proposal departs from the Sanctuary’s purpose of protecting humpback whales that seasonally migrate to Hawaii and expands to regulating all species and habitat within its boundaries.

This additional regulatory oversight would add to existing federal regulatory requirements such as the Marine Mammal Protection Act, Migratory Bird Treaty Act, Endangered Species Act, Magnuson–Stevens Fishery Conservation and Management Act, Clean Water Act, and Coastal Zone Management Act, just to name a few. The proposed expansion also contemplates including state waters, which are currently managed under existing local and state regulations administered by state agencies such as the Department of Land and Natural Resources, Office of Planning, and Department of Health.

Source: Hawaii Humpback Whale Sanctuary

Depending on the kind of activity proposed in Hawaii’s waters, additional regulation by the Bureau of Ocean Energy Management (BOEM) and the Federal Energy Regulatory Commission (FERC) might also come into play. Most all of these existing regulations require an environmental assessment, and in most cases, an environmental impact statement under the National Environmental Policy Act (NEPA) and the Hawaii Environmental Policy Act (HEPA).

On January 18, 2011, President Obama released Executive Order 13563, Improving Regulation and Regulatory Review.  The “general principles” of the regulation sums up the policy best,

Our regulatory system must protect public health, welfare, safety, and our environment while promoting economic growth, innovation, competitiveness, and job creation. It must be based on the best available science. It must allow for public participation and an open exchange of ideas. It must promote predictability and reduce uncertainty. It must identify and use the best, most innovative, and least burdensome tools for achieving regulatory ends. It must take into account benefits and costs, both quantitative and qualitative. It must ensure that regulations are accessible, consistent, written in plain language, and easy to understand. It must measure, and seek to improve, the actual results of regulatory requirements.

Is the Sanctuary proposal consistent with the President’s executive order?  Some might argue that adding another layer of federal regulations over proposed ocean uses in Hawaii waters does not promote “economic growth, innovation, competitiveness, and job creation.”

Given the Sanctuary’s success and existing state and federal environmental regulations, does the Sanctuary’s expansive proposal apply the “least burdensome tools for achieving regulatory ends”?  Section 4 of the President’s Executive Order, entitled “Flexible Approaches,” provides:

Where relevant, feasible, and consistent with regulatory objectives, and to the extent permitted by law, each agency shall identify and consider regulatory approaches that reduce burdens and maintain flexibility and freedom of choice for the public. These approaches include warnings, appropriate default rules, and disclosure requirements as well as provision of information to the public in a form that is clear and intelligible.

Besides the expanded jurisdiction and regulatory authority proposed, are there other "regulatory approaches that reduce burdens and maintain flexibility and freedom of choice for the public"?

The Sanctuary’s proposal is in the last stages of the federal approval process. NOAA is accepting comments on its proposal. The deadline for public comments is June 19, 2015. Several public hearings will be scheduled in Hawaii starting on April 27, 2015. The full schedule is available at  http://www.regulations.gov/index.jsp#!documentDetail;D=NOAA-NOS-2015-0028-0002.

Ultimately, any expansion into state waters must be approved by the governor.

Three Charts Tell the Story of Hawaii's Energy Scorecard

Residential cost of energy in Hawaii is nearly 200 percent over the national average--over 200 percent for natural gas.

An overwhelming majority of energy in Hawaii is produced from imported fossil fuels (e.g., petroleum and coal).

Hawaii's transportation sector consumes more energy than three sectors combined.

Hawaii needs to focus all its effort on (1) reducing the cost of energy, (2) increasing locally produced electricity from locally renewable energy sources (e.g., wind, water, sun, and geothermal), (3) reducing fuel consumption by increasing multi-modal options for transportation (e.g., public transit, biking, walking), changing government vehicle fleets to renewable fuels, and planning communities that are designed for public transit, walking, and biking to and from work, play, markets, and home.

PUC Denies HELCO's Biodiesel Supply Contract with Aina Koa Pono-Ka'u LLC

On September 29, 2011, the Hawaii Public Utilities Commission (PUC) issued an order denying Hawaiian Electric Company's (HECO) application, to approve Hawaii Electric Light Company's (HELCO) Biodiesel Supply Contract with Aina Koa Pono-Ka'u LLC (AKP).

The proposal would have provided approximately sixteen million net US gallons annually of locally-produced biodiesel over twenty years. AKP's proposed Big Island project would have consisted of (1) the construction of a biorefinery for the production of biofuel; and (2) the planting, cultivation, and harvesting of the agricultural feedstock that will be refined in AKP's facility to produce the biofuel. The agricultural feedstock would have been grown on currently fallow sugar cane land previously owned by C. Brewer & Co. AKP planned to grow perennial grasses such as sterile napier grasses as well as eucalyptus for their feedstock.

A Variety of Napier Grass
Source: http://www.botany.hawaii.edu/faculty/carr/po.htm

According to HECO's application,

In sum, this Biodiesel Supply Contract is an integral part of the Companies' plans to, including without limitation, (1) continue its strategy to meet the [Renewable Portfolio Standards ("RPS")] requirements that fifteen percent (15%) of the Companies net electricity sales must come from renewable resources by December 31, 2015, twenty-five percent (25%) of [the Companies'] net electric sales come from renewable energy by December 31, 2020, and forty percent (40%) of [the Companies'] net electric sales come from renewable energy by December 31, 2030, (2) further help create energy independence and energy security, (3) use locally grown feedstock for biofuel produced in Hawai'i to help meet the RPS requirement and support the State's goal of diversifying Hawai'i's economy by encouraging the development of local agriculture, (4) reinforce Hawai'i as a showcase for renewable energy, and (5) help preserve Hawai'i's green landscape for future generations.

In denying HECO's application, the PUC found and concluded that the "contract price for the AKP-produced biofuel is excessive, not cost-effective, and thus, is unreasonable and inconsistent with the public interest." The PUC noted that "from a real world, bill-paying perspective, the HECO Companies seek the commission's approval to consistently charge affected ratepayers a premium for HELCO's purchase and use of AKP-produced biofuel under the terms of the twenty-year contract," and that approving the contract would, "displace or curtail existing cheaper renewable alternatives."

A copy of the Decision and Order can be downloaded at http://dms.puc.hawaii.gov/dms/DocumentViewer?pid=A1001001A11I29B53024D28344.

Interisland Renewable Energy Program: Wind Programmatic EIS

US Department of Energy announces its intention to prepare a programmatic environmental impact statement (EIS) with the State of Hawaii as joint lead agencies pursuant to the National Environmental Policy Act (NEPA) of 1969 and the Hawaii Environmental Policy Act.

The Hawaii Interisland Renewable Energy Program: Wind Programmatic Environmental Impact Statement will assess the foreseeable environmental impacts which may arise from wind energy development under the Hawaii Interisland Renewable Energy Program (HIREP). Hawaii proposes to facilitate the development of wind-generated electric energy and the required improvements to the existing electric transmission infrastructure in Hawaii. This EIS is the first phase of a programmatic environmental review of developing and increasing renewable energy technologies in Hawaii.

For more on this project and designated comment periods, visit Notice of Intent To Prepare a Programmatic Environmental Impact Statement for the Hawai‘i Interisland Renewable Energy Program: Wind (DOE/EIS-0459).

Kaheawa Wind Power Proposes Maui Wind Farm Expansion

Kaheawa Wind Power II LLC, owned and operated by First Wind, is proposing to construct and operate a 21 megawatt (MW) wind power generating facility and related improvements at Kaheawa Pastures above Maalaea, Maui.

According to the Project's final environmental impact statement (FEIS), the Project will consist of constructing 21 MWs of wind energy generating capacity.  Fourteen General Electric (GE) 1.5 MW wind turbine generators (WTG) would be added to the above pictured site in a string along the existing access road approximately 2,000 feet southeast of the southern end of the existing KWP I turbine string.

The Project's objectives are listed in Section 1.3 of the FEIS as follows:

1. Bring on-line at the earliest possible date a 21 MW wind power generating facility on the island of Maui to increase the portion of Maui’s energy derived from renewable sources and reduce dependencies on fossil fuels.
2. Minimize the cumulative costs, environmental and visual impacts of the new facility by sharing key infrastructure (i.e., access road, equipment parts, construction equipment) with the existing KWP I wind farm.
3. Locate the additional generating capacity in such a way as to minimize the need for additional MECO power interconnection infrastructure, thereby avoiding unnecessary economic and environmental impacts associated with connecting to the MECO system.
4. Ensure that the size and operating characteristics of the new wind farm are compatible with MECO’s overall system requirements to facilitate its integration into the company’s grid.
5. Locate the wind farm in an area with compatible surrounding land uses.
6. Ensure that the new facility is compatible and compliant with the approvals granted for the KWP I site and all their associated conditions.
7. Maintain environmental quality and contribute to maintaining electrical energy costs at a reasonable level.

The Project is anticipated to commence commercial operations in the second quarter of 2011.

For more on energy related projects and issues, see Energy.

Hawaii Residents Pay the Highest Price for Electricity in the Country

According to a March 4, 2010 survey by the U.S. Department of Energy, Hawaii residents pay the highest cost per kilowatt hour (cents/kWh) for electricity.

According to the survey:

• Hawaii residents pay 26.23 cents/kWh.
• The second highest energy cost is paid by Connecticut residents at 20.57 cents/kWh.
• The average energy cost among all states and the District of Columbia is 11.33 cents/kWh.
• Forty-one states and the District of Columbia pay under 15 cents/kWh.
• Only Hawaii and Connecticut pay over 20 cents/kWh, with New York in third place at 16.99 cents/kWh.

Some interesting Hawaii Quick Facts (last updated, March 4, 2010) according to the U.S. Department of Energy:

• Petroleum provides nearly nine-tenths of all the energy consumed in Hawaii.
• The transportation sector leads energy demand in Hawaii, due in large part to heavy jet fuel use by military installations and commercial airlines.
• Petroleum-fired power plants supply more than three-fourths of Hawaii’s electricity generation.
• Due to the mild tropical climate, most households do not require energy for home heating.
• A planned wave-to-energy project could supply up to 2.7 megawatts of electricity to Hawaii by the end of 2011.

The information in these reports will be updated later this month.

RFP Posted for Environmental Review Contract to Support Interisland Wind and Undersea Cable Project

The state recently posted a request for proposals ("RFP") for environmental studies to support the Interisland Wind and Interisland Cable projects.

The Interisland Cable is intended to connect wind facilities on the islands of Molokai and Lanai to Oahu, with a phased expansion to Maui. The Interisland Cable project is part of the Energy Agreement signed by the State Division of Consumer Advocacy of the Department of Commerce & Consumer Affairs, and Hawaiian Electric Companies ("HEC"), on October 20, 2008. The primary purpose of the Agreement is to move the state "decisively and irreversibly away from imported fossil fuel for electricity and transportation and towards locally produced renewable energy and an ethic of energy efficiency."

The Agreement commits the parties to:

• pursuing and integrating as much as an additional 1,000 megawatts ("MW") of renewable energy resources on Oahu including approximately 400 MW of wind power from Lanai or Molokai; 60 MW on the Big Island; and 50 MW on Maui;
• establishing a Renewable Portfolio Standard ("RPS") for HEC's obligation to add renewable energy to its power grid (i.e., 25% by 2020 and 40% by 2030);
• integrating up to 400 MW of wind power into the Oahu electrical system from one or more wind farms on Lanai or Molokai and transmitted to Oahu via undersea cable systems;
• decoupling revenues from sales so that rates will be based upon a system using independent measures to track the cost of providing electric service;
• establishing feed-in-tariffs;
• eliminating system-wide caps on net energy metering;
• supporting the development of an Energy Efficiency Portfolio Standard ("EEPS") for the state;
• reaching the goal of 70% clean, renewable energy for electricity and transportation by 2030;
• encouraging "gas-optional" electric vehicles;
• establishing “lifeline rates”;
• establishing a "pay as you save" solar water heating program;
• providing for a "Photovoltaic (PV) Host Program"; and
• installing advanced meters for all customers who request them.

Two companies have already started planning and/or constructing wind energy facilities in the state. Castle & Cooke is proposing to install a 200 MW wind energy generation facility consisting of approximately 100 to 200 wind turbines on the island of Lanai. First Wind is proposing to install a 200 MW wind energy generation facility consisting of approximately 100 to 200 wind turbines on the island of Molokai. Additional wind turbine locations may be determined based upon site-specific wind measurements, topographical features in the project area, location of sensitive biological and cultural resources, and the type/size of wind turbine selected.

For more on energy initiatives in Hawaii see Energy.

Recent Nature Conservancy Study Looks at Clean Energy Sprawl

Should Hawaii reconsider its energy policy, which seems to focus on biomass and ethanol? Has there been a critical assessment of how particular alternative energy solutions will impact Hawaii's environment?

In a recent article by the Nature Conservancy--McDonald RI, Fargione J, Kiesecker J, Miller WM, Powell J, Energy Sprawl or Energy Efficiency: Climate Policy Impacts on Natural Habitat for the United States of America, August 26, 2009--the authors investigate land-use impacts to U.S. habitat types of new energy development resulting from different U.S. energy policies. Also referred to by the authors as, "the habitat impact of future energy sprawl." Id. at 1.

The study found that biodiesel from soy had 20 times the impact of petroleum on land-use intensity for energy production. See Id. at Fig. 3, p. 4. In addition, the impacts of the following compared to petroleum are:

• electricity from biomass, 12.2 times
• ethanol from cellulose, 10.2 times
• ethanol from corn, 7.8 times
• ethanol from sugarcane, 6.4 times
• wind, 1.6 times
• hydro-power, 1.2 times

The impact from solar photovoltaic, natural gas, solar thermal, coal, geothermal, and nuclear power all have less of an impact than petroleum. Id.

The impact on land may be compounded by indirect and secondary impacts, which the authors discussed as follows:

Energy crop production is a particularly complex situation because even if new energy crop production occurs on land that was previously in agricultural production, remaining global demand for agricultural commodities may spur indirect effects on land-use elsewhere, potentially causing an agricultural expansion in areas far from the location of energy crop production. Other energy production techniques have a relatively small infrastructure footprint and a larger area impacted by habitat fragmentation and other secondary effects on wildlife. A review of the literature found that production techniques that involve wells like geothermal, natural gas, and petroleum have about 5% of their impact area affected by direct clearing while 95% of their impact area is from fragmenting habitats and species avoidance behavior. Wind turbines have a similar figure of about 3–5% of their impact area affected by direct clearing while 95–97% of their impact area is from fragmenting habitats, species avoidance behavior, and issues of bird and bat mortality. Id.

The study suggests four ways to achieve emissions reduction while avoiding energy sprawl: (1) energy conservation to reduce the new energy needed by the U.S.; (2) policy that encourages end-use generation of energy; (3) a flexible cap-and-trade bill allowing for carbon capture and storage at coal plants, new nuclear plants, and international offsets; and (4) appropriate site selection and planning for energy development, e.g., siting in already disturbed places. Id. at 6.

For more on energy issues, see Energy.

Public Transportation Saves 37 Million Metric Tons of Carbon Annually and 4.2 Billion Gallons of Gasoline

The American Public Transportation Association (APTA) recently sponsored the CQ Forum on Climate Change Policy and Transportation

According to APTA President William Millar, public transportation saves 37 million metric tons of carbon annually, as well as 4.2 billion gallons of gasoline. Sen. Benjamin L. Cardin (D-Md.), spoke about how climate change is a "direct threat" on national security with a measurable rise in sea level and harsh weather conditions. He warned that energy dependence affects the economy, security, and the environment.

Sen. Thomas Carper (D-Del.), spoke about the Clean Low-Emissions Affordable New Transportation Equity Act (CLEAN TEA). Introduced as H.R. 1329 on March 5, 2009, the purpose of CLEAN TEA, generally, is to amend title 49, United States Code, to support efforts by States and eligible local and regional entities to develop and implement plans to reduce greenhouse gas emissions from the transportation sector. The CRS summary of the bill provides as follows:

Clean, Low-Emission, Affordable, New Transportation Efficiency Act - Establishes the Low Greenhouse Gas Transportation Fund.

Requires the Administrator of the Environmental Protection Agency (EPA), for each of calendar 2012-2050, to auction 10% of emission allowances established under any EPA program providing for the reduction of greenhouse gas emissions and the auctioning of emission allowances.

Requires deposit of auction proceeds into the Fund to implement state and eligible regional or local entity greenhouse gas emission reduction plans, and provide funding to transit projects that help reduce such emissions.

Requires states and eligible regional or local entities representing populations of more than 200,000 people to: (1) establish goals for reducing greenhouse gas emissions from the transportation sector for the next 10 years; and (2) develop transportation greenhouse gas emission reduction plans, including supporting lists of prioritized transit projects, that are integrated into state and eligible regional or local entity long-range transportation and transportation improvement plans.

Directs the Secretary of Transportation and the EPA Administrator to contract with the Transportation Research Board of the National Academy of Sciences to study and report recommendations for improving research tools and federal data sources necessary to assess the effect of state and local transportation, land use, and environmental plans on motor vehicle use rates and transportation sector greenhouse gas emissions.

The panel discussion included:

• Kevin Desmond, King County Metro Transit Division/Department of Transportation, Seattle
• Deron Lovaas, Natural Resources Defense Council
• Caitlin Rayman, Maryland Department of Transportation
• Daniel J. Weiss, Center for American Progress

Watch the full presentation at http://www.fednet.net/asx/cpf/CQ/cq072209.asx.

Wind Could Generate 40 Times Current Worldwide Consumption of Electricity

A paper published by the Proceedings of the National Academy of Sciences finds that a global network of wind turbines could supply more than 40 times current worldwide consumption of electricity. See Xi Lu, Michael B. McElroy, and Juha Kiviluoma, "Global potential for wind-generated electricity," PNAS 2009.

Here is the executive summary from that paper:

The potential of wind power as a global source of electricity is assessed by using winds derived through assimilation of data from a variety of meteorological sources. The analysis indicates that a network of land-based 2.5-megawatt (MW) turbines restricted to nonforested, ice-free, nonurban areas operating at as little as 20% of their rated capacity could supply greater than 40 times current worldwide consumption of electricity, greater than 5 times total global use of energy in all forms. Resources in the contiguous United States, specifically in the central plain states, could accommodate as much as 16 times total current demand for electricity in the United States. Estimates are given also for quantities of electricity that could be obtained by using a network of 3.6-MW turbines deployed in ocean waters with depths depths less than 200 m within 50 nautical miles (92.6 km) of closest coastlines.

This study pushes wind power to its maximum capacity, doing away with reasonable assumptions such as limits imposed by manufacturing capacity and the current electric grid. See Ars Technica (providing a technical review of the paper). However, this does not make the study less reliable since it is looking at maximum potential wind energy not technological or economically feasible wind energy. For policy makers the hope is that technology will catch up with potential.

For wind energy developers, Hawaii is well on its way to increasing wind power capacity. See Maui Wind Energy Producer Proposes Expansion and High Resolution Wind Resource Maps Show 92 MW Energy Potential for Oahu. Hawaii has adopted several laws to ease land use decisions and encourage investment in wind power facilities, for example:

• HRS Section 235-12.5, which provides a tax credit for wind-powered energy systems;
• HRS Sections 205-2 and 205-4.5, which allows wind generated energy production for public, private, and commercial use and wind machines and wind farms on state classified agricultural lands;
• HRS Section 269-101, allows wind turbines to participate in net energy metering programs, which allows utility users to sell net electricity they generate back to the electric grid; and
• HRS Chapter 201N, providing a renewable energy facility siting process.

For more on energy related issues, see Energy.

Wind Energy Facilities Permitting Handbook Could Serve as a Template for Most Projects

Source: Wikipedia

The Permitting of Wind Energy Facilities: A Handbook (2002), prepared for the Midwest Research Institute, National Renewable Energy Laboratory, is a practical guide for navigating land use regulatory issues related to wind energy facilities.

The Handbook specifically discusses common terms and issues applicable to seeking land use entitlements for wind energy facilities, which makes it particularly relevant to the proposed expansion of wind facilities on Maui and the proposed wind project on Lanai.

The Handbook's general recommendations are:

• Early, significant, and meaningful public involvement;
• Taking an issue-oriented approach to help focus the debate, educate the public and decisionmakers, and ensure an analytic basis for decision-makers;
• Ensure that decisionmaking criteria is clear and consistently applied, and made known from the outset to all participants and interested parties;
• Encourage and facilitate agency coordination so that project review can proceed simultaneously to avoid redundant, conflicting or inconsistent requirements, standards and processes;
• Establish reasonable time frames;
• Developers and agencies should know as much as possible about the project, the process, the participants, and the issues prior to commencing the formal permitting process;
• Systematically narrow the issues of concern and produce factually-based decisions with the goal of limiting any administrative or judicial appeals and allowing them to proceed more efficiently; and
• Ensure that conditions of approval are specific, measurable, agreed upon by all parties, realistic, set within reasonable time frames, enforceable, and actually enforced.

These general concepts are equally applicable to other types of land use projects, such as solar, photovoltaic, and geothermal energy.

The Handbook is a good read and can be downloaded from the National Wind Coordinating Collaborative (NWCC) Web site at www.nationalwind.org.

For more renewable energy issues, visit the Energy archives.

Maui Wind Energy Producer Proposes Expansion

Kaheawa Wind Power II, LLC, a subsidiary of First Wind is proposing an expansion of its wind energy generation facility on the island of Maui.

The project includes the construction and operation of a new 21 MW wind power facility (14 wind turbine generators with associated electrical transmission and interconnection facilities) within the State Conservation District. It will be located adjacent to the existing Kaheawa Wind Power facility above Maalaea, Maui.

Because the proposed project may potentially result in the incidental take of four threatened and endangered species [Hawaiian petrel (Pterodroma sandwichensis), Newell’s shearwater (Puffinus auricularis newelli), Hawaiian goose (Branta sandvicensis), and Hawaiian hoary bat (Lasiurus cinereus semotus)], Kaheawa Wind must prepare a a Habitat Conservation Plan pursuant to the Endangered Species Act ("ESA") and HRS Chapter 195D. The objective being to avoid, minimize, mitigate and monitor impacts to protected species.

ESA section 9 prohibits the unauthorized "take" of any endangered or threatened species of fish or wildlife listed under the ESA. Under the ESA, the term "take" means to harass, harm, pursue, hunt, shoot, wound, kill, trap, capture, or collect species listed as endangered or threatened, or to attempt to engage in any such conduct. An unauthorized take can lead to fines and imprisonment. However, the US Fish and Wildlife Service ("FWS") may permit prohibited takings if it is incidental to the carrying out of an otherwise lawful activity. Before the FWS grants an incidental take permit, the applicant must first develop, fund, and implement a FWS-approved habitat conservation plan to minimize and mitigate the effects of the incidental take. The requisite criteria for an incidental take permit can be found under ESA section 10(a)(1)(B) and 50 CFR sections 17.22(b)(2) and 17.32(b)(2).

State law also circumscribes unauthorized takes of endangered or threatened species under HRS section 195D-4. At the state level, the Board of Land and Natural Resources will issue an incidental take license after approval of the HCP by the State's Endangered Species Recovery Committee. The Committee is comprised of biological experts and representatives of affected state and federal agencies. The state's requirements are higher than under the ESA, but both processes are coordinated.

The Draft Kaheawa Wind Power II Wind Energy Generation Facility Habitat Conservation Plan, Island of Maui (April 2009) is available for public review and comment. A public hearing will be held in May according to the April 23, 2009 edition of the Environmental Notice.

LEED Projects in Hawaii as of March 2009

According to the U.S. Green Building Council (USGBC), the Leadership in Energy and Environmental Design (LEED) Green Building Rating System is a voluntary, consensus-based national certification system for developing high-performance, sustainable buildings. LEED is developed by employees of the USGBC. The USGBC is a non-profit organization based in Washington, DC. See About USGBC.

Projects listed by Project Name, City, and LEED Rating:

• Imiloa Astronomy Center of Hawai'i , Hilo , Certified
• Case Middle School - Punahou , Honolulu , Gold
• AIA Honolulu Chapter Office , Honolulu , Gold
• 1779 Palolo Chinese Home , Honolulu , Certified
• Group 70 International-Ground Floor Reno , Honolulu , Silver
• Hawaii Baptist Academy Middle School , Honolulu , Gold
• University of Hawaii at Manoa - Frear Ha , Honolulu , Silver
• Hawaii Gateway Energy Center at NELHA , Kailua-Kona , Platinum
• Botanical Research Center , Kalaheo, Kauai , Gold
• Hilton Waikoloa Dolphin Quest Village , Waikoloa , Silver
• Dowling Company Office , Wailuku , Certified
• Waipahu School Cafeteria , Waipahu, Oahu , Certified

See LEED Projects & Case Studies Directory.

ENERGY STAR Buildings & Plants in Hawaii as of December 31, 2008

According to energystar.gov, to qualify for the ENERGY STAR, a building or manufacturing plant must score in the top 25 percent based on EPA's National Energy Performance Rating System. To determine the performance of a facility, EPA compares energy use among other, similar types of facilities on a scale of 1-100; buildings that achieve a score of 75 or higher may be eligible for the ENERGY STAR. The EPA rating system accounts for differences in operating conditions, regional weather data, and other important considerations.

Hilo

• Hilo State Office Building

Oahu

• Prince Kuhio Kalanianole
• Federal Building/Courthouse
• ALI'I PLACE
• Sheraton Princess Kaiulani Hotel
• PACIFIC GUARDIAN CENTER
• Central Pacific Plaza
• Waikiki Beach Marriott Resort and Spa
• Bishop Square
• The Sheraton Waikiki and The Royal Hawaiian Hotel
• 1132 Bishop Street
• Alexander & Baldwin, Inc.
• Topa Financial Center
• First Hawaiian Center
• State Office Tower(Leiopapa A Kamehameha Building)
• Ambulatory Care Clinic
• Capitol Center - Keoni Ana
• Waipahu Civic Center
• Abner Paki Hale Courthouse
• Pacific Guardian Tower
• Davies Pacific Center
• Hyatt Regency Waikiki Resort & Spa
• Waikiki Sand Villa Hotel
• HMSA Center
• Kaimuki Plaza
• Kapolei State Building(Kakuhihewa Building)

Maui

• One Main Plaza

See The ENERGY STAR for Buildings & Manufacturing Plants.

Hawaii Wave Project has Positive Impact on Ocean Power Technologies' Bottom Line

London paper, City A.M. reports that Ocean Power Technologies ("OPT") saw full-year revenues increase 89% to $4.8m, though losses increased to $14.7m, compared to a net loss of $9.6m in the prior year. "OPT continued to make good progress during fiscal year 2008, as evidenced by our strong revenue growth mainly due to projects in Hawaii, Spain and Scotland," it said.

Read more about the Hawaii wave energy project at www.oceanpowertechnologies.com/projects.htm.

High Resolution Wind Resource Maps Show 92 MW Energy Potential for Oahu

AWS Truewind, in an agreement with the various electric companies in the state, prepared an analysis showing areas favorable for wind production.

According to the study, the potential wind energy for the Island of Oahu is approximately 92 MW. The largest area of potential lies in the northeastern quadrant of the island near the Kahuku range and the Island's north shore. The second largest area of potential is located in the southwestern corner of the island near Barbers Point military reserve.

For context: "In 2001, there were 107 million homes in the United States; of those, 73.7 million were single-family homes (EIA, 2003). On average, each single-family home consumed 11,965 kWh of delivered electricity (EIA 2003). The national average carbon dioxide output rate for electricity in 2000 was 1,392 lbs CO2 per megawatt-hour (EPA 2003). " (See US EPA, Home electricity use.)

The entire study for Oahu and the other islands are located at the HECO website.

LEED Isn't the Only Game in Town

As I wrote previously, the City and the state Office of Planning's attempts to impose mandatory LEED standards on residential homes is not a well thought policy. (See, Proposed LEED Mandate Fails, Working Group Created to Investigate Issue, City and County of Honolulu to Require All New Buildings to be LEED Platinum Certified by 2014, and Energy Efficiency Building Requirements: Hawaii’s Regulatory Maze.)

Most would agree that the policy goal of reducing our energy consumption is good, if not necessary, for society, but importing a third party rating system from abroad, untailored to the specific needs and restraints of Hawaii's unique market and environment would miss the mark and add to housing costs.

If LEED is imposed, it should be tailored to Hawaii with the input of stakeholders and the community and with incentives to help defray implementation costs. But more importantly, policymakers should consider incorporating other green building programs or other energy saving measures unique to Hawaii.

In the following quote from KHNL News, John Bendon of Green Building LLC talks about a home on Maui that is LEED Gold certified:

Yes, this is a $2.4 million home but Bendon says it's not that costly for an average home to go just as green.

He says to get a solar water heater, use energy efficient appliances and lighting and reduce your need for air conditioning.

"You can plant trees in the proper place. You can put a radiant barrier on your roof and reduce the heat gain in the attic," said Bendon.

Project leaders say they are simple concepts that, like the Good Home, can show what can be done today, and what may be done tomorrow.

There are two other green ratings systems in Hawaii - Energy Star and Hawaii BuiltGreen. LEED is the most stringent and is affiliated with the United States Green Building Council.

Source: Mari-ela David, Green Maui Home Gets National Attention, May 14, 2008, available at http://www.khnl.com/Global/story.asp?S=8319959.

Does Solar Heater Mandate Pencil Out?

The legislature passed SB644, which requires a solar water heater system for new single-family residential construction built after January 1, 2010, and phases out state solar tax credits by 2010. It has yet to be signed into law by the Governor.

The cost of such a mandate will likely affect homeowners in higher housing costs, but does the extra cost pencil out? According to a piece written for the American Chemical Society titled, Expert foresees 10 more years of R&D to make solar energy competitive, "[d]espite oil prices that hover around $100 a barrel, it may take at least 10 or more years of intensive research and development to reduce the cost of solar energy to levels competitive with petroleum[.]" Chemist Harry Gray is reported as saying, “Solar can potentially provide all the electricity and fuel we need to power the planet. The Holy Grail of solar research is to use sunlight efficiently and directly to ’split’ water into its elemental constituents – hydrogen and oxygen – and then use the hydrogen as a clean fuel.”

How much money has the state allocated to solar research and other alternative fuels unique to Hawaii? Seems like such funding might be a better approach rather than mandates which will hit home-buyer's pocket books in a waning economy.

The American Chemical Society is a congressionally chartered independent membership organization which represents professionals in all fields of chemistry and sciences that involve chemistry.