U.S. Senator Daniel K. Akaka (D - Hawaii) introduced legislation to exempt Hawaii from the Federal Energy Regulatory Commission's (FERC) licensing of hydropower projects on the state's rivers. The bill preserves the State of Hawaii's authority to license hydropower projects when FERC denies an application for a federal license.

There is little basis for federal control over hydropower projects in Hawaii since it has no interstate rivers or navigable rivers that are eligible for FERC regulation. Where Hawaii's streams are navigable they are slow and meandering, and therefore, not suitable for hydropower; in the upper reaches, where hydropower is feasible, the streams are non-navigable.

"The State of Hawaii, our Congressional delegation, and conservation groups in the state are concerned over federal efforts to regulate hydroelectric projects on state waters," Akaka noted. Hawaii's State Water Code is much more comprehensive and protective of our environment, fish, and wildlife than federal regulation. Local agencies are in a much better position than the federal government to decide whether a hydropower project should go forward."

Hawaii has faced instances where FERC has denied an application for a hydropower license because there is no federal jurisdiction to issue a license. The applicant then voluntarily agrees to submit to FERC jurisdiction, despite the agency ruling, to escape the state's more stringent hydropower licensing regime.

"Federal interest in protecting America's vast interconnected river system is misplaced in Hawaii," said Akaka. "The state has demonstrated its commitment to protecting our rivers and streams."