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.

NAR Reports Pending Home Sales Rise for Eight Consecutive Monthly Gains

The National Association of Realtors (NAR) reported that Pending home sales rose again, marking eight consecutive monthly gains–the longest streak since measurement began in 2001.

NAR's index is released during the first week of each month and is designed to be a leading indicator of housing activity. The index measures housing contract activity, based on signed real estate contracts for existing single-family homes, condos and co-ops.

Does Your Project Trigger the Endangered Species Act?

The Office of Environmental Quality Control (OEQC) recently posted a collection of native and invasive species flash cards on its web site.

According to the Bishop Museum, there are more endangered species per square mile in the Hawaiian islands than any other place on the planet. For example, of the more than 140 Hawaiian bird species and subspecies present in the Hawaiian islands prior to human contact, more than half have been lost to extinction. Among the remaining 71 endemic bird species, 30 are federally listed as endangered. See The Hawaiian Endangered Bird Conservation Program Five-Year Workplan (2001 – 2005). A list of Hawaii's endangered and threatened species can be found at Bishop Museum's Hawaii's Endangered and Threatened Species Web Site.

For a discussion of the Hawaii and federal endangered species acts, see Endangered Species Act.

DoD Military Realignment from Okinawa to Guam Creates Opportunities and Challenges

The Department of Defense (DoD) is finalizing the draft environmental impact statement (DEIS) for the relocation of U.S. military resources from Okinawa to Guam. DoD plans to increase its military presence in Guam from about 15,000 in 2009 to more than 39,000 by 2020 at a cost of more than $13 billion. GAO-10-72 October 14, 2009.

The Navy estimates that annual construction spending of $1 billion would require about 5,000 to 10,000 workers and that at its maximum the workforce could consist of 20,000 construction workers. The DoD has estimated more than 1,600 permanent civilian jobs will be needed. See Id.

According to the NEPA Scoping Meeting Summary Report for the project, the realignment will include:

• relocation of Command, Air, Ground, and Logistics units (which includes approximately 8,000 service members and 9,000 family members);
• relocation of Marines units, including operations, training, and infrastructure changes;
• enhancement of the infrastructure, logistic capabilities and improve pier/waterfront facilities to support transient nuclear aircraft carrier berthing at Naval Base Guam; and
• placement of a ballistic missile defense task force (approximately 630 service members and 950 family members).

Based on the Scoping Report, one can expect that the DEIS will address, among other things, the following issues:

• infrastructure (water, wastewater, solid waste, electrical) capacity;
• socioeconomic issues (economic benefits, effects on Chamorro culture, effects on statehood initiatives, private property issues, construction capacity, housing, public safety, and recreation/access issue);
• extent of military partnership with Government of Guam to coordinate infrastructure improvements that benefit both civilian and military communities;
• transportation impacts;
• impacts on natural resources (terrestrial and marine ecosystems, wildlife, and marine mammals); and
• ability to implement the construction needed for the buildup.

The DEIS will be posted on November 20, 2009 on DoD's Guam Build-up Environmental Impact Statement Web.

Native Hawaiians Win Milestone Victory in Legal Challenge to State's Administration of Hawaiian Homes Commission Act

Native Hawaiians under the Hawaiian Homes Commission Act won a class-action lawsuit against the State of Hawaii for failing to promptly award home lots. See Craig Gima, Court rules state failed on trust lands, Star Bulletin, Nov. 05, 2009.

According to the Star Bulletin, the lawsuit was filed in "1999 on behalf of about 2,700 native Hawaiians who claimed they were not promptly awarded homesteads between 1959 and 1988." The next step in the case will be to determine how damages will be resolved. The result could be some form of money damages and/or injunctive relief requiring the state to act. A creative solution might be the kind of oversight ordered on the U.S. Department of the Interior when it was found to have failed in its trust obligations to native Americans.

The Department of Hawaiian Home Lands ("DHHL") administers provisions of the Hawaiian Homes Commission Act, 1920 ("HHCA"). The HHCA provides for the rehabilitation of the native Hawaiian people through a government-sponsored homesteading program. The program is applicable to "any descendant of not less than one-half part of the blood of the races inhabiting the Hawaiian Islands previous to 1778." HHCA Sec. 201.

Seattle Votes to Tax Themselves to Provide more Affordable Housing

While Hawaii continues to kick the can down the road on affordable housing and impose draconian affordable housing requirements on developments, Seattle put the question to its voters.

Voters responded by overwhelmingly passing an affordable-housing levy, according to the Seattle Times. Details of the levy include:

• It will cost homeowners about $17 per $100,000 of assessed property value annually;
• The levy will help build or save 1,670 apartment units for renters earning less than 30 percent of the city’s median annual income; and
• The levy will provide assistance for 550 renters annually, help fund 180 first-time home purchases and allow the city’s Office of Housing to buy land or buildings for future development.

According to the Seattle Office of Housing, since 1981, Seattle voters have approved one bond and three levies to create affordable housing.

See Marc Ramirez, Seattle overwhelmingly passes affordable-housing levy, Seattle Time, Nov.3, 2009. See also Affordable Housing for more on affordable housing issues.

City Allows More Religious Facilities in Industrial District through Zoning Amendment

Bill 61, which eases the way for more religious facilities in industrial zoned districts on Oahu, was recently signed into law on October 30, 2009.

The Bill amends the Land Use Ordinance by removing the 1,000-foot separation requirement for meeting facilities in the I-1 Limited Industrial District. The bill primarily addresses the City Council's intent to allow more religious facilities in the industrial zone. However, the 1,000-foot restriction remains in place in areas zoned I-2, for heavy industrial uses.

The bill also removes a three month waiting period for proposed religious facilities.