reglab/statecodes huggingface dataset:
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Department of Business, Economic Development and Tourism › Chapter 33 - HAWAII MANUFACTURING DEVELOPMENT PROGRAM › Subchapter 3 - INSPECTION AND COMPLETION › Section 15-33-10 - Completion of surveys

Current through June, 2024
(a) Recipients
				  shall complete surveys from the development corporation designed to measure the
				  economic and employment impact of this program and to assist the National
				  Institute of Standards and Technology's Manufacturing Extension Partnership
				  program. Recipients shall complete the surveys annually for five years
				  following the award.
(b) The
				  development corporation may request recipients to provide information regarding
				  issues encountered with the manufacturing development program and
				  recommendations for its improvement.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Department of Business, Economic Development and Tourism › Chapter 33 - HAWAII MANUFACTURING DEVELOPMENT PROGRAM › Subchapter 3 - INSPECTION AND COMPLETION › Section 15-33-11 - Acknowledgment

Current through June, 2024
Recipients shall acknowledge the development corporation in
					 a proper and appropriate manner as a funder in all promotional publications,
					 press releases, and other informational materials relating to the recipient's
					 award for a period of two years following the award. Recipients shall provide
					 such materials to the development corporation prior to their release to the
					 public.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Department of Business, Economic Development and Tourism › Chapter 34 - ALTERNATIVE ENERGY RESEARCH AND DEVELOPMENT PROGRAM › Subchapter 1 - RULES OF GENERAL APPLICABILITY › Section 15-34-1 - Purpose

Current through June, 2024
The purpose of this chapter is to provide rules governing
					 implementation of the alternative energy research and development program
					 authorized by Act 67, Session Laws of Hawaii 2018.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Department of Business, Economic Development and Tourism › Chapter 34 - ALTERNATIVE ENERGY RESEARCH AND DEVELOPMENT PROGRAM › Subchapter 1 - RULES OF GENERAL APPLICABILITY › Section 15-34-2 - Definitions

Current through June, 2024
As used in this chapter, unless a different meaning
					 clearly appears in context:
"Board" means the board of directors of the development
					 corporation.
"Development corporation" means the Hawaii technology
					 development corporation established by chapter
					 206M, HRS.
"Grant" means financial assistance provided to qualified
					 companies in the State of Hawaii conducting research of alternative energy and
					 energy efficiency technologies in the fields of geothermal, solar, wind, ocean
					 power, hydrodynamics, bioenergy, biomass, solid waste, smart grids,
					 transportation, or demand response, evidenced by a contract from the United
					 States Department of Defense Office of Naval Research, under the terms and
					 conditions provided in this chapter.
"HRS" means the Hawaii Revised Statutes.
"Recipient" means any business receiving a grant under this
					 chapter.
"State" means the State of Hawaii.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Department of Business, Economic Development and Tourism › Chapter 34 - ALTERNATIVE ENERGY RESEARCH AND DEVELOPMENT PROGRAM › Subchapter 1 - RULES OF GENERAL APPLICABILITY › Section 15-34-3 - Purpose of program

Current through June, 2024
The purpose of the alternative energy research and
					 development program is to provide grants to businesses that are developing
					 clean energy solutions in Hawaii with a high technology readiness level or high
					 potential for implementation as evidenced by an award of a competitive contract
					 from the United States Department of Defense Office of Naval
					 Research
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Department of Business, Economic Development and Tourism › Chapter 34 - ALTERNATIVE ENERGY RESEARCH AND DEVELOPMENT PROGRAM › Subchapter 1 - RULES OF GENERAL APPLICABILITY › Section 15-34-4 - Grants; purpose; use of

Current through June, 2024
(a) The development
				  corporation may provide grants in accordance with Act 67, Session Laws of
				  Hawaii 2018.
(b) Grants may be used
				  by any recipient to purchase equipment or services, augment staff to add
				  expertise required to expedite or enhance the quality of the program work, or
				  prepare for subsequent program activities leading to commercialization of the
				  technology.
(c) Grants shall not be
				  used by any recipient for any of the following purposes:
(1) Where the direct or indirect purpose or
				  result of the grant would be to:
(A) Repay a
				  creditor or creditors of the recipient for any reason; or
(B) Provide funds directly or indirectly as a
				  loan to owners, partners, or shareholders of the recipient;
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Department of Business, Economic Development and Tourism › Chapter 34 - ALTERNATIVE ENERGY RESEARCH AND DEVELOPMENT PROGRAM › Subchapter 2 - ELIGIBILITY AND SELECTION PROCESS › Section 15-34-5 - Eligibility requirements

Current through June, 2024
Any business applying for a grant shall meet all of the
					 following qualifications:
(1) Has been
				  awarded a competitive contract from the United States Department of Defense
				  Office of Naval Research related to the research of alternative energy and
				  energy efficiency technologies in the fields of geothermal, solar, wind, ocean
				  power, hydrodynamics, bioenergy, biomass, solid waste, smart grids,
				  transportation, or demand response;
(2) Is sixty per cent or more resident-owned.
				  For purposes of this section, "resident" shall have the same meaning as defined
				  in section
				  235-1, HRS;
(3) Is a for-profit entity organized under
				  the laws of the State;
(4) Has been
				  doing business in the State for a minimum of one year;
(5) Agrees to expend all grant funds awarded
				  under the alternative energy research and development program in the
				  State;
(6) Conducts research in
				  alternative energy that has a high technology readiness level or high potential
				  for implementation as evidenced by a contract, funded by moneys designated by
				  the United States Congress as funding for alternative energy and a national
				  defense budget funding directive, with the United States Department of Defense
				  Office of Naval Research that is active or was awarded after July
				  1,2015;
(7) Has not obtained any
				  other State grant for the same research at the time of or during the duration
				  of the alternative energy research and development program grant;
(8) Has bylaws or policies that describe the
				  manner in which the activities or services for which the grant is awarded shall
				  be conducted or provided;
(9) Is
				  licensed or accredited, in accordance with federal, state, or county statutes,
				  rules, or ordinances, to conduct the activities or provide the services for
				  which the grant is awarded;
(10)
				  Complies with all applicable federal and state laws prohibiting discrimination
				  against any person on the basis of race, color, national origin, religion,
				  creed, sex, age, sexual orientation, or disability; and
(11) Allows the development corporation,
				  legislative committees and their staff, and the auditor full access to its
				  records, reports, files, and other related documents and information for
				  purposes of monitoring, measuring the effectiveness, and ensuring the proper
				  expenditures of the grant.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Department of Business, Economic Development and Tourism › Chapter 34 - ALTERNATIVE ENERGY RESEARCH AND DEVELOPMENT PROGRAM › Subchapter 2 - ELIGIBILITY AND SELECTION PROCESS › Section 15-34-6 - Application procedure

Current through June, 2024
Any business applying for a grant shall provide as part of
					 the application a copy of a contract awarded to the applicant by the United
					 States Department of Defense Office of Naval Research relating to the research
					 of alternative energy and energy efficiency technologies in the fields of
					 geothermal, solar, wind, ocean power, hydrodynamics, bioenergy, biomass, solid
					 waste, smart grids, transportation, or demand response. The contract, or
					 accompanying documentation, shall show that it is existing and active or was
					 awarded after July 1, 2015, and that it was awarded by competitive
					 means.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Department of Business, Economic Development and Tourism › Chapter 34 - ALTERNATIVE ENERGY RESEARCH AND DEVELOPMENT PROGRAM › Subchapter 2 - ELIGIBILITY AND SELECTION PROCESS › Section 15-34-7 - Consideration and review of applications

Current through June, 2024
(a) The development
				  corporation shall cause the review of the application and resolution of any
				  questions relating to the application through contact with the grant
				  applicant.
(b) Following such review
				  and resolution, the board shall consider and make a decision on qualified
				  applications.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Department of Business, Economic Development and Tourism › Chapter 34 - ALTERNATIVE ENERGY RESEARCH AND DEVELOPMENT PROGRAM › Subchapter 2 - ELIGIBILITY AND SELECTION PROCESS › Section 15-34-8 - Preferences and priorities in awarding grants

Current through June, 2024
(a) In determining
				  the distribution of funds, the development corporation shall be guided by the
				  nature and significance of the activity of each grant application in relation
				  to the research and development of renewable energy in the State, the
				  importance of the grant to the activity's success, and the potential economic
				  advantage or job creation prospects offered to the State.
(b) Preference shall be given to qualified
				  businesses receiving their first alternative energy research and development
				  program award.
(c) The development
				  corporation shall not grant more than one award to any business in a fiscal
				  year unless funding remains available in the last quarter of the fiscal year.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Department of Business, Economic Development and Tourism › Chapter 34 - ALTERNATIVE ENERGY RESEARCH AND DEVELOPMENT PROGRAM › Subchapter 2 - ELIGIBILITY AND SELECTION PROCESS › Section 15-34-9 - Maximum grant amount; disbursement

Current through June, 2024
(a) Maximum grant
				  amounts shall not exceed $500,000 or fifty per cent of the amount of the grant
				  awarded to the business by the United States Department of Defense Office of
				  Naval Research, whichever is less.
(b) For awards greater than $150,000, the
				  grant amount shall be disbursed as payments based on milestones approved by the
				  chief executive officer of the development corporation.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Department of Business, Economic Development and Tourism › Chapter 34 - ALTERNATIVE ENERGY RESEARCH AND DEVELOPMENT PROGRAM › Subchapter 3 - INSPECTION AND COMPLETION › Section 15-34-10 - Inspection of premises and records

Current through June, 2024
The development corporation shall have the right to
					 inspect at reasonable hours, the plant, physical facilities, equipment,
					 premises, books, and records of any grant applicant either in the processing of
					 the grant application or in the administration of the grant to the recipient.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Department of Business, Economic Development and Tourism › Chapter 34 - ALTERNATIVE ENERGY RESEARCH AND DEVELOPMENT PROGRAM › Subchapter 3 - INSPECTION AND COMPLETION › Section 15-34-11 - Completion of surveys

Current through June, 2024
(a) Recipients
				  shall complete surveys from the development corporation designed to measure the
				  renewable energy, economic, and employment impact of this program and, as
				  applicable, to assist the National Institute of Standards and Technology's
				  Manufacturing Extension Partnership program. Recipients shall complete the
				  surveys annually for five years following the award.
(b) The development corporation may request
				  recipients to provide information regarding issues encountered with the
				  alternative energy research and development program and recommendations for its
				  improvement.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Department of Business, Economic Development and Tourism › Chapter 34 - ALTERNATIVE ENERGY RESEARCH AND DEVELOPMENT PROGRAM › Subchapter 3 - INSPECTION AND COMPLETION › Section 15-34-12 - Acknowledgment

Current through June, 2024
Recipients shall acknowledge the development corporation
					 in a proper and appropriate manner as a funder in all promotional publications,
					 press releases, and other informational materials relating to the recipient's
					 award for a period of two years following the award. Recipients shall provide
					 such materials to the development corporation prior to their release to the
					 public.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Department of Business, Economic Development and Tourism › Chapter 35 - ETHANOL CONTENT IN GASOLINE › Section 15-35-1 - Purpose

Current through June, 2024
The purpose of this chapter is to provide rules governing
				  implementation of the requirement that gasoline sold in the State for use in
				  motor vehicles contain ten per cent ethanol by volume, as authorized under
				  chapter
				  486J-10, Hawaii Revised
				  Statutes.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Department of Business, Economic Development and Tourism › Chapter 35 - ETHANOL CONTENT IN GASOLINE › Section 15-35-3 - Schedule of ethanol content requirement

Current through June, 2024
Starting no later than eighteen months after the
				  promulgation of this rule, at least eighty-five per cent of all gasoline
				  supplied to a retailer, sold at retail, or sold to a private, state, or
				  municipal fleet for use in motor vehicles, and intended as a final product for
				  fueling motor vehicles in the state of Hawaii, shall contain ten per cent
				  ethanol by volume.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Department of Business, Economic Development and Tourism › Chapter 35 - ETHANOL CONTENT IN GASOLINE › Section 15-35-4 - Minimum ethanol content requirement

Current through June, 2024
Each distributor supplying fuel to one or more retail
				  stations or to one or more private or municipal fleets shall meet the minimum
				  ethanol content requirement of this chapter on a monthly basis. If a
				  distributor is eligible for quarterly reporting as described in Section
				  15-37-8, the distributor shall meet the minimum ethanol content requirement on
				  a quarterly basis.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Department of Business, Economic Development and Tourism › Chapter 35 - ETHANOL CONTENT IN GASOLINE › Section 15-35-5 - Monitoring of ethanol content

Current through June, 2024
Distributors shall permit the petroleum commissioner or
				  authorized agent(s) thereof to inspect the rack meter loading facilities of the
				  distributor, take samples, and review records during regular business hours to
				  ensure the mandated volume of ethanol is included in gasoline sold by the
				  distributor.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Department of Business, Economic Development and Tourism › Chapter 35 - ETHANOL CONTENT IN GASOLINE › Section 15-35-6 - Ethanol based additives

Current through June, 2024
(a) Gasoline
				blended with an ethanol-based product, such as ethyl tertiary butyl ether,
				shall be considered to be in conformance with this chapter if the quantity of
				ethanol used in the manufacture of the ethanol-based product represents ten per
				cent, by volume, of the finished motor fuel.
(b) Ethanol used in the manufacture of
				ethanol-based gasoline additives, such as ethyl tertiary butyl ether, may be
				considered to contribute to the distributor's conformance with this section;
				provided that the total quantity of ethanol used by the distributor is an
				amount equal to or greater than the amount of ethanol required under this
				section.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Department of Business, Economic Development and Tourism › Chapter 35 - ETHANOL CONTENT IN GASOLINE › Section 15-35-7 - Monthly reporting requirements of distributors

Current through June, 2024
(a)
				Each distributor shall file with the petroleum commissioner monthly in the
				manner and on forms prescribed, prepared and furnished by the petroleum
				commissioner, a statement certified by the chief executive officer or other
				authorized officer of the distributor showing:
(1) The number of gallons of fuel-grade
				ethanol purchased by the distributor during the calendar month of the
				report;
(2) The price and amount of
				ethanol available for sale by the distributor during the calendar month of the
				report;
(3) The number of gallons
				of ethanol blended gasoline, by grade, purchased during the calendar month of
				the report;
(4) The number of
				gallons of non-ethanol-blended gasoline purchased by the distributor during the
				calendar month of the report;
(5)
				The number of gallons of ethanol-blended gasoline, by grade, sold by the
				distributor during the calendar month of the report;
(6) The number of gallons of
				non-ethanol-blended gasoline, by grade, sold by the distributor during the
				calendar month of the report;
(7)
				The complete name and address of supplier or suppliers from whom the
				distributor purchased the ethanol or ten per cent ethanol blended gasoline
				reported above; and
(8) Any other
				information the petroleum commissioner determines from time to time as being
				required to ensure compliance with chapter
				486J-10, Hawaii
				Revised Statutes.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Department of Business, Economic Development and Tourism › Chapter 35 - ETHANOL CONTENT IN GASOLINE › Section 15-35-8 - Opportunity for quarterly reporting by distributors

Current through June, 2024
(a)
				Upon satisfying the ethanol blending and reporting requirements on a timely
				basis for at least six consecutive months, the distributor, upon notification
				by the petroleum commissioner, may elect to file quarterly reports, in lieu of
				monthly reports.
(b) Quarterly
				reports shall be filed, in the manner and on forms prescribed, prepared and
				furnished by the petroleum commissioner, for quarters ending on March 31, June
				30, September 30 and December 31.
(c) Reports shall be filed on or before the
				last day of the calendar month following the last month of the quarterly
				report.
(d) In the case of a
				failure to file a quarterly report required under this section on the date and
				in the manner prescribed therefor, or a failure to include any of the
				information required to be shown on the quarterly report filed under this
				section or to show the correct information, the distributor shall be assessed
				$300 for each day during which the failure continues. The maximum penalty under
				this subparagraph on failures with respect to any one quarterly report shall
				not exceed $10,000.
(e) Payment of
				late filing fees imposed pursuant to this section must be made by cash,
				cashier's check, or certified check made payable to the 'State of Hawaii" and
				delivered to the petroleum commissioner. The name of the distributor for whom
				payment is made shall be written on the check.
(f) In the case of failure to meet the
				ethanol blending or quarterly reporting requirements, and upon notification by
				the petroleum commissioner, distributors previously approved for quarterly
				reporting may be required to once again file monthly reports, in lieu of
				quarterly reports, beginning with the calendar month in which notice of such is
				given by the commissioner.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Department of Business, Economic Development and Tourism › Chapter 35 - ETHANOL CONTENT IN GASOLINE › Section 15-35-9 - Request for an exemption

Current through June, 2024
The petroleum commissioner may authorize the sale of
				  gasoline that does not meet the requirement of ten per cent ethanol if the
				  petroleum commissioner determines that
(1) Sufficient quantities of
				competitively-priced ethanol are not available to meet the minimum requirements
				of this chapter; or
(2) In the
				event of any other circumstance for which the petroleum commissioner determines
				compliance with this chapter would cause undue hardship.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Department of Business, Economic Development and Tourism › Chapter 35 - ETHANOL CONTENT IN GASOLINE › Section 15-35-10 - Process for requesting an exemption

Current through June, 2024
(a) To obtain an
				exemption, in whole or in part, from the ethanol blending requirements, a
				distributor shall submit to the petroleum commissioner, in a manner allowed by
				the petroleum commissioner, a request for exemption, along with supporting
				documentation which must demonstrate that--
(1) Sufficient quantities of
				competitively-priced ethanol are not available to meet the minimum requirements
				of this chapter; or
(2) Compliance
				with the ethanol blending requirement would cause undue hardship.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Department of Business, Economic Development and Tourism › Chapter 35 - ETHANOL CONTENT IN GASOLINE › Section 15-35-11 - Violations

Current through June, 2024
Any person who engages in a practice which does not comply
				  with the requirements of this chapter or exemption issued pursuant thereto
				  shall be in violation of this chapter and shall be subject to enforcement
				  action by the petroleum commissioner.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Department of Business, Economic Development and Tourism › Chapter 35 - ETHANOL CONTENT IN GASOLINE › Section 15-35-12 - Severability

Current through June, 2024
If any provision of this chapter is held invalid, the
				  invalidity shall not affect the remainder of this chapter and, to this end, the
				  provisions of this chapter are severable.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Department of Business, Economic Development and Tourism › Chapter 35 - ETHANOL CONTENT IN GASOLINE › Section 15-35-13 - Referral to attorney general

Current through June, 2024
The petroleum commissioner shall refer any violations of any
				  provision of this chapter to the attorney general, who may exercise appropriate
				  legal or equitable remedies available to the State.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Department of Business, Economic Development and Tourism › Chapter 36 - RENEWABLE ENERGY FACILITY SITING PROCESS RULES › Subchapter 1 - GENERAL PROVISIONS › Section 15-36-01 - Purpose

Current through June, 2024
This chapter governs the practice and procedure before the
					 energy resources coordinator and shall be construed to encourage, to the extent
					 permitted by law, expedited permitting in the renewable energy siting process
					 to facilitate the timely development of renewable energy facilities that
					 utilize Hawaii's indigenous renewable energy resources for the health, safety,
					 and welfare of the residents of Hawaii. The rules under this chapter are
					 promulgated pursuant to authority provided by chapter 20 IN, HRS. The purpose
					 of the rules of this chapter is to establish a renewable energy facility siting
					 process for permits required for the siting, construction, and operation of
					 renewable energy facilities. Except as indicated otherwise, the energy
					 resources coordinator shall use the rules of this chapter to determine whether
					 to approve a coordinated permit plan and, if the energy resources coordinator
					 approves a coordinated permit plan for a facility, to implement, facilitate,
					 and expedite the coordinated permit plan process and to oversee the
					 construction and operation of the renewable energy facility.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Department of Business, Economic Development and Tourism › Chapter 36 - RENEWABLE ENERGY FACILITY SITING PROCESS RULES › Subchapter 1 - GENERAL PROVISIONS › Section 15-36-02 - Definitions

Current through June, 2024
In addition to the definitions contained in section
					 201N-1, HRS, the
					 following definitions shall apply:
"Coordinator" means the energy resources coordinator under
					 chapters 196 and
					 201N, HRS.
"Days" means business days.
"Facilitator" means the renewable energy facilitator under
					 section
					 201-12.5,
					 HRS.
"Federal permit" means a permit that is subject to
					 approval by a federal agency pursuant to federal law and includes a delegated
					 environmental permit or any other permit subject to issuance by a state agency
					 under authority delegated by federal law.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Department of Business, Economic Development and Tourism › Chapter 36 - RENEWABLE ENERGY FACILITY SITING PROCESS RULES › Subchapter 1 - GENERAL PROVISIONS › Section 15-36-03 - Energy resources coordinator

Current through June, 2024
The energy resources coordinator or "coordinator" is the
					 director of the department of business, economic development, and tourism. The
					 powers and duties of the energy resources coordinator are contained in sections
					 196-4 and
					 201N-3, HRS. The
					 energy resources coordinator has sole discretion regarding the acceptance and
					 approval of a renewable energy facility permit plan.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Department of Business, Economic Development and Tourism › Chapter 36 - RENEWABLE ENERGY FACILITY SITING PROCESS RULES › Subchapter 1 - GENERAL PROVISIONS › Section 15-36-04 - Renewable energy facilitator

Current through June, 2024
(a) The duties of
				  the renewable energy facilitator are contained in section
				  201-12.5,
				  HRS. The renewable energy facilitator shall report to the energy resources
				  coordinator, and shall help develop, coordinate, and implement the permit plan
				  on the coordinator's behalf. The renewable energy facilitator shall:
(1) Consult and coordinate with the
				  appropriate federal, state, and county agencies to assist the coordinator in
				  developing and establishing a permit plan application format and procedure
				  designed to ensure a timely review to process and obtain required permits and
				  approvals for all renewable energy facilities;
(2) Receive a permit plan application on
				  behalf of the coordinator, in a form as the coordinator shall prescribe, from
				  an applicant for the approval of the siting, development, construction, and
				  operation of a renewable energy facility, with the initial application
				  fee;
(3) Identify all federal,
				  state, and county-permits necessary for approval of the renewable energy
				  facility;
(4) Assist in the permit
				  plan application process by coordinating permitting processes, giving technical
				  assistance, overseeing the creation of the permit plan, and providing general
				  oversight and assistance in whatever form necessary to facilitate the timely
				  review and permitting of the siting, development, construction, and operation
				  of a renewable energy facility;
(5)
				  Gather from the applicant any information the coordinator finds relevant and
				  necessary for the reviewing and processing of a permit application by federal,
				  state, and county agencies;
(6)
				  Prepare a hearings calendar and the agenda for all meetings, under the
				  direction of the coordinator; and to the fullest extent possible, shall
				  endeavor to consolidate all required federal, state, and county permit
				  hearings;
(7) Work with federal,
				  state, and county agencies and the applicant and convene interagency working
				  groups as needed to determine the terms and conditions of the permit plan and
				  all permits that are necessary to effectuate this chapter and to protect the
				  public health and safety and promote the general welfare.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Department of Business, Economic Development and Tourism › Chapter 36 - RENEWABLE ENERGY FACILITY SITING PROCESS RULES › Subchapter 2 - PERMIT PLAN APPLICATION PROCESS › Section 15-36-05 - Permit plan pre-application conference; post-conference report

Current through June, 2024
(a) Before submitting an application for a
				  coordinated permit plan the applicant shall meet with the energy resources
				  coordinator or the renewable energy-facilitator for a pre-application
				  conference to discuss the type of renewable energy facility, the location of
				  the facility, the contents of the permit plan application, all of the
				  anticipated necessary federal, state, and county permits, and any other
				  information necessary for the facility that must be submitted for the necessary
				  permits.
(b) Within ten days
				  following the conference, the facilitator shall issue a post-conference report
				  identifying the permits needed for the development of the facility and any
				  additional information required to complete the permit plan
				  application.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Department of Business, Economic Development and Tourism › Chapter 36 - RENEWABLE ENERGY FACILITY SITING PROCESS RULES › Subchapter 2 - PERMIT PLAN APPLICATION PROCESS › Section 15-36-06 - Permit plan application processing; estimated fees

Current through June, 2024
(a)
				  Following the pre-application conference, the applicant shall submit to the
				  energy resources coordinator, in a manner allowed by the coordinator, a request
				  for renewable energy facility permit plan application processing. The request
				  shall include information deemed necessary by the coordinator and facilitator
				  in the pre-application conference to determine the fees to be incurred in
				  processing the application and overseeing the permit plan process.
(b) The coordinator shall inform the
				  applicant of the estimated fee amount and, upon the applicant's acceptance of
				  the amount, the coordinator shall require the applicant to make periodic
				  payments of such fees pursuant to a cost reimbursement agreement. Fees are
				  discussed in more detail in subchapter 4.
(c) Should the applicant file amendments or
				  supplements to the application or should the coordinator find that additional
				  study for the application is required, additional fee estimates shall be
				  prepared by the coordinator, and the applicant shall be advised of the
				  additional fees.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Department of Business, Economic Development and Tourism › Chapter 36 - RENEWABLE ENERGY FACILITY SITING PROCESS RULES › Subchapter 2 - PERMIT PLAN APPLICATION PROCESS › Section 15-36-07 - Permit plan application contents

Current through June, 2024
The permit plan application shall include:
(1) The legal name of the applicant and
				  location of the principal place of business, and if the applicant is a
				  corporation, limited liability company, trust, or other organization, the state
				  in which the applicant was organized or incorporated.
(2) The name, title, and address of the
				  person to whom correspondence or communications in regard to the application
				  are to be addressed.
(3)
				  Description of the subject property upon which the proposed renewable energy
				  facility will be developed, including tax map key number and location
				  maps.
(4) Description of:
(A) The renewable energy facility, including
				  the identification of the category of renewable energy as defined in section
				  269-91,
				  HRS;
(B) Any renewable energy
				  production structure or equipment;
(C) Any energy transmission line for the
				  facility to a public utility's electricity transmission or distribution
				  system;
(D) Any on-site and
				  off-site infrastructure, and-any on-site building, structure, other
				  improvement, or equipment necessary for the production of electricity or
				  biofuel from the renewable energy site, transmission of the electricity or
				  biofuel, or any accommodation for employees of the facility.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Department of Business, Economic Development and Tourism › Chapter 36 - RENEWABLE ENERGY FACILITY SITING PROCESS RULES › Subchapter 2 - PERMIT PLAN APPLICATION PROCESS › Section 15-36-08 - Environmental impact review

Current through June, 2024
(a) The applicant
				  shall file contemporaneously with the permit plan application a draft
				  environmental impact statement preparation notice or environmental assessment
				  for the proposed facility pursuant to chapter
				  343, HRS. The energy resources
				  coordinator may receive and process, but shall not accept as complete, a permit
				  plan application prior to the acceptance of a final environmental impact
				  statement for the facility. Notwithstanding any provision of chapter
				  343 to the contrary, the department
				  of business, economic development, and tourism shall be the accepting authority
				  for any final environmental impact statement that is prepared by an applicant
				  for any renewable energy facility under chapter
				  201N, HRS.
(b) The applicant shall file, with the
				  respective federal, state, and county agencies, at the earliest practicable
				  time, applications for federal, state, and county permits necessary for
				  approval of the facility. The coordinator shall conduct meetings and
				  discussions with the applicant and agencies to coordinate, review, and commence
				  processing all necessary federal, state, and county permit applications prior
				  to the acceptance of the permit plan application, provided that no action to
				  grant or deny a permit shall be taken until after final acceptance of an
				  environmental impact statement. The coordinator shall implement the following
				  policies and goals in the pre-acceptance meetings and discussions:
(1) Efficiently utilizing and minimizing the
				  time period from the filing of the environmental impact statement preparation
				  notice to the final acceptance of the final environmental impact
				  statement;
(2) Providing the
				  applicant with technical assistance in providing the required information for
				  necessary permit applications at the earliest practicable time; and
(3) Coordinating with all agencies to achieve
				  concurrent and efficient review and processing of permit
				  applications.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Department of Business, Economic Development and Tourism › Chapter 36 - RENEWABLE ENERGY FACILITY SITING PROCESS RULES › Subchapter 2 - PERMIT PLAN APPLICATION PROCESS › Section 15-36-09 - Action on permit plan application

Current through June, 2024
(a) Within ten days
				  of acceptance of a final environmental impact statement, the energy resources
				  coordinator shall accept the permit plan application so long as it is complete
				  and complies with the permit plan format and procedure and other requirements
				  of this chapter. If the permit plan application is accepted, the coordinator
				  shall notify the applicant of such acceptance in writing within said ten-day
				  period.
(b) If the permit plan
				  application does not meet the requirements of this chapter, the coordinator
				  shall provide the applicant with a written report of all reasons why the permit
				  plan application is incomplete and unacceptable as soon as possible but in any
				  event not more than ten days from the filing of the permit plan application. In
				  the event a pre-application conference is held, the post conference-report
				  shall satisfy the written report requirement of this section.
(c) The applicant shall re-submit a revised
				  permit plan application with additional information addressing the deficiencies
				  identified in the coordinator's written report, and the re-submitted
				  application shall be evaluated for acceptability on the basis of whether it
				  satisfactorily addresses the findings of the coordinator's written report. The
				  evaluation shall occur and a written notice of acceptance or a written report
				  detailing the deficiencies in the application shall be provided to the
				  applicant as soon as possible but in any event not more than ten days from the
				  filing of the revised permit plan application.
(d) If the coordinator does not issue a
				  written report explaining why the permit plan application or revised permit
				  plan application is incomplete and unacceptable within the ten-day period, then
				  the permit plan application shall be deemed accepted by the coordinator,
				  subject to final acceptance of the environmental impact statement.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Department of Business, Economic Development and Tourism › Chapter 36 - RENEWABLE ENERGY FACILITY SITING PROCESS RULES › Subchapter 2 - PERMIT PLAN APPLICATION PROCESS › Section 15-36-10 - Permit plan application publication

Current through June, 2024
Within ten days of acceptance of a permit plan application
					 by the energy resources coordinator, the coordinator shall publish public
					 notice of the acceptance of the permit plan application in two consecutive
					 publications of the office of environmental quality control's environmental
					 notice, published pursuant to section
					 343-3,
					 HRS. The public notice shall include:
(1) The name of the applicant;
(2) The location of the proposed renewable
				  energy facility;
(3) A summarized
				  description of the facility;
(4)
				  The state and county permits required for the facility; and
(5) Any other information deemed necessary or
				  desirable by the coordinator.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Department of Business, Economic Development and Tourism › Chapter 36 - RENEWABLE ENERGY FACILITY SITING PROCESS RULES › Subchapter 2 - PERMIT PLAN APPLICATION PROCESS › Section 15-36-11 - Public meetings

Current through June, 2024
(a) As soon as
				  reasonably practicable following acceptance of a permit plan application, the
				  energy resources coordinator shall hold a public meeting on the island where a
				  renewable energy facility is proposed to be developed to:
(1) Allow members of the affected communities
				  to provide input regarding the development of the renewable energy
				  facility;
(2) Promote public
				  awareness of the plan for the renewable energy facility in the proposed area;
				  and
(3) Allow the coordinator, the
				  renewable energy facilitator, the applicant, and any applicable agency to gain
				  public sentiment and input regarding the proposed development of the renewable
				  energy facility, and to incorporate to the extent reasonable and practicable
				  the public sentiment and input into the planning of the proposed renewable
				  energy facility.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Department of Business, Economic Development and Tourism › Chapter 36 - RENEWABLE ENERGY FACILITY SITING PROCESS RULES › Subchapter 3 - PERMIT PLAN PROCESSING › Section 15-36-12 - Permit plan drafting

Current through June, 2024
(a) Following the
				  pre-application conference, the public meeting held pursuant to section
				  15-36-11, and any subsequent coordinating meetings with permitting agencies,
				  the facilitator on behalf of the coordinator shall compile a permit plan, which
				  shall include:
(1) All federal, state, and
				  county permits needed;
(2) All
				  relevant applicant and facility information required;
(3) A plan and schedule for all permits to be
				  processed concurrently, along with a plan to coordinate the issuance of
				  delegated environmental permits with approval of federal, state, and county
				  permits;
(4) A list of required
				  federal, state and county technical support and data required;
(5) Agreement on timeline and coordination
				  for potential state and federal environmental impact statements and permit
				  concurrence, review, and issuance, provided that the permit plan shall be
				  designed to ensure that all state and county permits identified in the permit
				  plan shall be processed and either approved or denied no later than twelve
				  months after the date that the permit plan application is accepted by the
				  coordinator, subject to any extensions that may be requested by the
				  applicant;
(6) Agreement on
				  conditions under which any timelines may be extended;
(7) Agreement on cost reimbursement
				  agreement; and
(8) Any other
				  requirements the coordinator reasonably shall deem necessary for inclusion in
				  the permit plan.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Department of Business, Economic Development and Tourism › Chapter 36 - RENEWABLE ENERGY FACILITY SITING PROCESS RULES › Subchapter 3 - PERMIT PLAN PROCESSING › Section 15-36-13 - Permit plan posting

Current through June, 2024
The permit plan shall be available to the public and
					 posted on the department of business, economic development, and tourism's
					 website, and shall be regularly updated with current
					 information.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Department of Business, Economic Development and Tourism › Chapter 36 - RENEWABLE ENERGY FACILITY SITING PROCESS RULES › Subchapter 3 - PERMIT PLAN PROCESSING › Section 15-36-14 - Permit plan timeline

Current through June, 2024
(a) Each
				  appropriate state and county agency shall diligently endeavor to process and
				  approve or deny any permit in the permit plan no later than twelve months after
				  a completed permit plan application is approved by the coordinator. If a permit
				  is not approved or denied within twelve months after approval of a completed
				  permit plan application, the permitting agency shall provide the coordinator
				  with a report identifying diligent measures that are being taken by the agency
				  to complete processing and action as soon as practicable. The report shall
				  include the following:
(1) The name of the
				  applicant;
(2) A description of the
				  project proposed by the applicant;
(3) A description of the permit or approval
				  being sought by the applicant, and the legal authority of the permitting agency
				  in issuing the permit or approval;
(4) A chronology of the diligent measures
				  that have been taken by the agency in reviewing and processing the application
				  from the submittal of the application to the current status of the permit
				  application;
(5) A discussion of
				  the facts, procedures, and circumstances that describe the reasons why the
				  application has not been approved or denied within twelve months from the
				  coordinator's acceptance of the permit plan application; and
(6) A timetable describing the diligent
				  measures that will be taken by the agency to provide the agency's approval or
				  denial of the permit application within eighteen months from the coordinator's
				  acceptance of the permit plan application,
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Department of Business, Economic Development and Tourism › Chapter 36 - RENEWABLE ENERGY FACILITY SITING PROCESS RULES › Subchapter 3 - PERMIT PLAN PROCESSING › Section 15-36-16 - Approval of county permits

Current through June, 2024
(a) When the
				  coordinator accepts a permit plan application for a renewable energy facility
				  that requires county permits, the renewable energy facilitator, on behalf of
				  the energy resources coordinator, shall facilitate the timely processing of the
				  permit plan with the county agency or agencies responsible for approving,
				  monitoring, and enforcing the terms and conditions of the permit in accordance
				  with the permit plan.
(b) The
				  facilitator, on behalf of the coordinator, may conduct discussions, meetings,
				  conferences, or working groups with the agencies for the purpose of
				  facilitating the timely processing of the permit plan, identifying all
				  informational requirements necessary to obtain approval of the permit
				  applications, and discussing the agency's preliminary evaluation of the
				  sufficiency of the permit application. The agencies' duty to take diligent
				  measures to complete processing and action as soon as practicable shall include
				  the agencies' timely and meaningful participation in the discussions, meetings,
				  conferences, or working groups conducted by the facilitator. County agencies
				  may request additional funding to expedite building or grading permit
				  processing subject to section 15-36-19.
(c) In the event a county agency denies a
				  permit application under the permit plan, the coordinator shall request the
				  agency to provide a written report to the coordinator and applicant setting
				  forth in detail a complete list of all reasons supporting the denial of the
				  permit application and all steps required to be taken by the applicant to
				  obtain approval of the permit application.
(d) Each appropriate county agency shall
				  diligently endeavor to process and approve or deny any permit in the permit
				  plan no later than twelve months after a completed permit plan application is
				  approved by the coordinator. If a permit is not approved or denied within
				  twelve months after approval of a completed permit plan application, the
				  permitting agency shall provide the coordinator with a report identifying
				  diligent measures that are being taken by the agency to complete processing and
				  action as soon as practicable. If a permitting agency fails to provide this
				  report and if the permit has not been approved or denied within eighteen months
				  following the approval of a completed permit plan application by the
				  coordinator, the permit shall be deemed approved.