Council proposes wind energy law

The county Planning Commission is expected to vet proposed legislation to regulate small wind energy conversion systems and fast track the permitting process for efficient installations at homes, farms and businesses.

Kaua‘i County Councilman Tim Bynum introduced draft Bill 2290 last week at the Historic County Building. The seven-member legislative body unanimously voted to send it to the Planning Commission for review.

“This is just the beginning of the conversation,” Bynum said.

The proposed ordinance would raise the height limit for the tower-mounted windmills to 50 feet in residential areas and 80 feet in agriculturally zoned lands. For roof-mounted systems, the maximum height would be 15 feet above the maximum building height limit allowed in the zoning.

Representatives of Kauai Electric, a local company that installs such systems, said “height is everything for wind.” They said the amount of power that can be generated from these windmills increases when they are mounted at higher levels.

In addition to meeting other permit conditions, the draft bill says the applicant must satisfy the planning director and commission that the small wind energy conversion system, or SWECS, “can be visually integrated into the landscape.”

North Shore resident Carl Imparato voiced his concerns to the council over visual and noise blight and the potential impact to the Kauai Island Utility Cooperative grid.

Councilman Mel Rapozo called it a “Catch-22,” saying a hit to visual ambience may be the price to pay to avoid the alternative of burning more oil.

“How else do we reach the goal?” he said, jokingly adding, “I wish chickens could produce electricity because they produce more noise than a windmill.”

The state last year passed a law that requires greenhouse gas emissions not to exceed 1990 levels by 2020. Hawai‘i also mandates local utilities to produce a percentage of their power from renewable energy sources, a standard that increases each decade to reduce the dependency on imported oil.

The proposed legislation says SWECS reduces peak power demands and helps diversify the county’s energy portfolio.

Council Chair Jay Furfaro reiterated statements he has made about wind power being one component of the overall effort to become energy self-sufficient. The mission will also require solar, hydro and other renewable energy technologies, he said.

Imparato said large-scale renewable energy projects would be more efficient, but residents should not be prevented from going off the grid.

The county permitting process proved extraordinarily slow over the past year when some of the first residents sought approvals for wind energy systems to power home appliances and farm equipment.

Wailua resident Rob Abrew, for instance, was sent to the Water Department at one point in his months-long quest for a permit to install a windmill on a 41-foot monopole at his ag subdivision lot.

The draft bill contains a clause that states: “Permits shall be expedited to the extent possible and reviewed for approval by the Building Division and Planning Department only.” It also states that it is the county’s policy to promote and encourage the use of SWECS and to limit obstacles to its installation and use.

The proposed ordinance would require applicants to obtain a use permit for any tower- or roof-mounted SWEC. It would also require liability insurance for tower-mounted systems at a minimum of $300,000 for personal and property damage.

The bill proposes no wind energy system be installed until an inter-connection agreement with the utility company has been executed. Off-grid systems would be exempt.

A date has not been set for the Planning Commission to review the legislation.

For more information, visit www.kauai.gov

• Nathan Eagle, staff writer, can be reached at 245-3681 (ext. 224) or neagle@kauaipubco.com