Geothermal Drilling Bill Heads to Council

By ERIN MILLER
Stephens Media

The sound of Puna Geothermal Venture’s turbines is akin to a train or jet engine running all the time, Pahoa resident Paul Kuykendall told a Hawaii County Council committee Tuesday morning.

“Even the coquis are preferable to the industrial sound coming from the plant,” he said, during testimony in front of the Agriculture, Water and Energy Sustainability Committee. And the drilling that took place earlier this year was even louder, Kuykendall said.

Council Chairman Dominic Yagong introduced Bill 292 to limit geothermal drilling to daytime hours, from 7 a.m.-7 p.m. The committee sent the bill to the full council with a positive recommendation.

Hilo Councilmen Donald Ikeda and Dennis Onishi provided the only dissenting votes.

PGV Manager Mike Kaleikini said the plant has been operating within its noise limits. He testified against the bill, noting that even if drilling were halted at night, some of the equipment would have to stay running, generating noise even if nothing was being drilled. “To limit drilling to daytime hours only, the drilling process itself could be prolonged as much as two to three times longer,” he added.

Kuykendall, who testified just after Kaleikini, said he would prefer a longer drilling period, if it meant quieter nights.

About 15 people testified in support of the bill.

South Kona Councilwoman Brenda Ford said the bill may be the result of Yagong’s experiences hearing the geothermal drilling at PGV, but the bill isn’t specific to that company.

“There’s going to be geothermal drilling in Kona,” Ford said. “Everything going on in Puna that’s a detriment to the community is going to go on in Kona around Hualalai. It is a generic policy issue that this council has the legal right and obligation to pass to protect the public.”

Ikeda questioned Deputy Corporation Counsel William Brilhante on whether the measure oversteps the county’s authority. Brilhante said PGV historically has complied with state and county limitations on noise levels. He was concerned about the council making changes to the county charter that conflict with PGV’s permitting conditions and requirements.

“This proposed bill is saying, ‘You know what? We don’t care what that permit does. We don’t care historically what has been done,’” he said. “’We’re going to make you comply with more requirements that are stricter than what was required under the original permit.’”

Planning Director Bobby Jean Leithead Todd submitted a letter Tuesday morning to the committee expressing similar concerns, North Kona Councilman Angel Pilago said.

Yoshimoto asked for a formal opinion from corporation counsel on the bill, but voted to advance the measure to the full council with a favorable recommendation.

More than a dozen people testified, their testimony expanding on the drilling noise issue to sound levels from daily plant operations.

Kaleikini said the plant can impose more mitigation measures to limit sounds.

Bob Ernst, testifying from Hilo, said he supported the bill because sound from the plant should not be intruding in nearby residents’ homes.

“Noise pollution is not pono,” Ernst said.

Email Erin Miller at emiller@westhawaiitoday.com.

Mayor Vetoes Geothermal Bills

By PETER SUR
Tribune-Herald staff writer

A pair of bills relating to geothermal energy have died on Mayor Billy Kenoi’s desk, unless the County Council can engineer an override of the veto. Both bills generated tremendous public testimony prior to their passage by the County Council last month. Kenoi’s veto messages described both as unnecessary legislation.

One bill would have required the county Civil Defense Agency to prepare an emergency response and evacuation plan for geothermal facilities and to submit it to the County Council for approval by Aug. 1. The bill is aimed at people living near Puna Geothermal Venture. The bill would have allowed the administration to ask for a 90-day extension to write the plan.

Kenoi’s veto message for the Civil Defense bill states that first responders already have a plan for all emergency situations, including geothermal, based on the Federal Emergency Management Agency-developed incident command system.

“Since effective plans are already in place, there is no need for a new plan,” Kenoi wrote.
Council Chairman Dominic Yagong, who introduced both bills, said he was disappointed with the mayor’s action.

“In my estimation, that’s playing politics with people’s lives,” he said.

Councilwoman Brenda Ford said residents of lower Puna should have an idea of what to do in the event of a geothermal mishap.

“The community needs a plan on what to do, and they need guidance from the county on how to respond to a disaster,” he said. “You know, Plan A, Plan B, Plan C. That has not occurred, and I am supportive of that type of community evacuation plan being designed by the county and delivered to all the residents so that they know what to do.”

Ford said the county uses its incident command system “beautifully,” but “the average citizen hasn’t a clue what to do.”

A community evacuation plan would help in that situation, she said.

The other vetoed bill, which would affect people in lower Puna, would have renamed the Geothermal Relocation and Community Benefits Program to the Geothermal Relocation and Public Safety Program, although it’s popularly known as the “geothermal royalties” fund.

This bill would have redirected money from the community benefits program into uses that relate to public health and safety, including air quality monitoring and a public notification system. It would also have made eligible for relocation all homes within a mile of Puna Geothermal Venture.

“The thought that the county would not let us use money to determine what is making these people ill is the most egregious, lack of concern and compassion I have ever heard of,” Ford said. “These people are not making up these illnesses.

“Now, I do not know what is causing it,” Ford said. “They’ve got problems and nobody’s looking at it. … They’ve got very unusual illnesses.

Kenoi’s message to the council says the bill duplicates the purpose of the $2.1 million Geothermal Asset Fund, which is dedicated to funding public health and safety mitigation measures.

Kenoi also wrote that a “significant number” of people who have seen community benefits from PGV would like to see those benefits continue. But Ford said there were “far more people” who supported the bill than opposed it. She pegged the number of supporters at 60 to 70 percent of those who testified.

Kenoi wrote that the bill would result in lower tax revenues for Hawaii County by acquiring and holding homes from people who wish to be relocated, and liability issues that would arise from those vacant homes.

“It would be irresponsible for me to sign (the bill) into law due to its legal and technical flaws and because it is unnecessary,” Kenoi wrote.
But his critics think otherwise.

“Is he saying that health studies are inappropriate? Is he saying that the people of Puna are making these stories up?” Yagong asked.

Kenoi said that’s not the issue.

“The goals of protecting public health, safety and doing a thorough, comprehensive health study, we can already achieve through existing legislation and authority,” he said, and said the county was going to conduct a “thorough, open, transparent and community-involved study with health care professionals, independent researchers who have already inquired. … We’ll go to the community to address those goals.”

“We don’t believe this legislation is based on good science, good authority,” Kenoi wrote. “There’s too much ambiguity, and the first hurdle in signing any piece of legislation is a good law. And unfortunately this legislation has too many flaws.”

The County Council approved the evacuation plan bill by a 7-2 vote and the relocation and public safety bill by a 6-3 vote. Yagong has not indicated whether he would call for a veto override.

Email Peter Sur at psur@hawaiitribune-herald.com.

Source: Hawaii Tribune Hearld

Two Geothermal Bills Move Forward on Big Island

By Leslie Blodgett, GEA
June 13, 2012

WASHINGTON, D.C. -- This week, a pair of geothermal bills proposed by council Chairman Dominic Yagong received the first of two required approvals from the Hawai'i County Council. One bill would affect how the Big Island spends geothermal royalties. The second bill would mandate evacuation plans for current and future facilities. The two bills passed by votes of 5-4 and 8-1, respectively.

The county gets ~$500,000 a year in revenue from Puna Geothermal Venture, the island’s geothermal power plant, which it uses to address community geothermal-related issues, but also to fund capital projects and services in lower Puna (including the Pahoa council office and security at Isaac Hale Beach Park and Pahoa Community Center). The bill (No. 256-12) wouldlimit those funds to issues related to the plant itself, such as air quality monitoring, health studies, and relocations.

The program relocating residents away from PGV began in the 1980s. The county has bought eight properties through the relocation program at up to 130 percent value which it then sells through auction. A resident relocation was approved May 11, with the last approval before that in 2005. Yagong’s legislation prevents any new properties acquired through the program from being auctioned and only allows homeowners within a mile of the plant to be eligible creating, a buffer zone around the plant. PGV Manager Michael Kaleikini said the state Department of Health does not consider the plant a health hazard, he was quoted during testimony.

This article was originally published in Geothermal Energy Weekly and was republished with permission.