Decolonization Series: Equity + Justice Centered Energy Regulation

by Lauren Ballesteros-Watanabe, Chapter Organizer | Reading time: 4.25 min.

Since the 2015 mandate, Hawaiʻi has positioned itself as a pioneer in the quest to a future without fossil fuels. Promises are easy to make, achieving them is another story, especially when the statute came without a comprehensive plan or goal to transform the injustices inherent in the current energy system.

Clean energy projects are becoming increasingly controversial because of the century old profit-driven centralized energy system creating inherent conflicts of competing uses of limited land and water resources. Most notably in 2019, more than 160 resident arrests protesting the installation of wind turbines close to homes, elementary schools, and a hospital in Kahuku changed the conversation on equitable energy planning. Today, West Kauaʻi residents and farmers are calling for more scrutiny from government agencies to address a hydro project that proposes to divert 11 million gallons of water a day from a stream they depend on. 

Nevertheless, Hawaiʻi continues to implement meaningful clean energy policy, thankfully this time on the justice and equity front. The Public Utilities Commission opened an “Energy Equity” docket to gather diverse input to address social, racial, and economic injustice as the islands rapidly move to clean, renewable electricity.

The PUC is currently seeking feedback on how to best investigate energy equity and justice considerations throughout their work in four “energy equity pathways:”

  • energy affordability and direct payment assistance

  • equitable access to clean energy

  • utility business model reforms

  • procedural equity improvements

Admittedly, the energy sphere is intimidating. The PUC is embarking on new actions to make this docket as transparent and accessible. They created a dedicated webpage for its new docket, posted public notice, and most importantly are hosting a series of public conversations. 

On March 1st, the PUC held its first hybrid meeting in-person on Oʻahu. It was an impressive start to what will likely be many opportunities for the public to speak directly with PUC commissioners and staff. Upon arrival, the tone set was earnest, professional, and welcoming with staff and commissioners greeting and mingling with participants. Once the meeting started, Commissioners gave opening remarks on how important the docket was to future regulatory decisions, and everyone had an opportunity to introduce themselves in-person and online. For having a mix of 100 participants online and in the hearing room, the transitions were seamless and felt inclusive.

After setting meeting norms and addressing confidentiality for participants through modified Chatham House rules, two short formal presentations- “PUC 101” and “Investigating Equity”- were given by PUC staff members Grace Relf, Chief of Policy and Research, and attorney Mike Wallerstein. Both can be found online for those unfamiliar with what the PUC does and how to participate in dockets and setting a common understanding of what the PUC means by energy equity (definition, tenets, vocabulary and four pathways mentioned above.)

The most substantive part of the night was an open conversation with participants. Relf opened with two question prompts: “what does an equitable energy equity look like to you?” and “who isn’t in the room that should be.” There was a diverse set of responses from energy professionals, advocates, and residents, here are the most common: 

  • Access to solar benefits for income-constrained households, especially affordable housing. Residents are having a hard time understanding solar incentive programs so adoption rate is slow. 

  • Equitable distribution of burdens and benefits of infrastructure. There is collective recognition that energy siting is a problem and placing more infrastructure in the same communities already burdened by fossil fuels or massive utility-scale projects like Waiʻanae in Kahuku and rural areas on neighbor islands. 

  • Promoting more community ownership models and opportunities for local developers to compete and build a local energy economy. One participant highlighted how the selling point of switching to renewables would end dependence on foreign oil but how today we are increasingly signing contracts for foreign developers.

  • Youth and community voices should play a role in future discussions. This is a definite truth. However, special consideration should be given on how we create conditions for their participation to be meaningful because both demographics are stretched thin. 

After the formal agenda, PUC staff and Commissioners stuck around for in-person talk-story with those that wanted to stay. 

Although this first meeting is only the beginning, it was an albeit hopeful one. Stakeholders in the energy sector collectively agree that involving impacted communities and the broader public in energy planning and implementation is a critical piece of successfully achieving our clean energy goals. Institutionalizing energy equity and justice considerations is absolutely essential to the rebuilding of our grid. The Sierra Club of Hawaiʻi is being represented by Earthjustice as an intervenor on this docket alongside Blue Planet. We plan to focus on asking the PUC to also consider energy project siting criteria and community consent as additional pathways to energy equity in this proceeding. 

The next conference meeting will be held March 8th and is catered to those with experience and familiarity with PUC proceedings and work. It will provide more in-depth information and question prompts may be more specific. If at all interested, we greatly encourage you to attend in-person or online!

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