Bill Text: HI HB2618 | 2010 | Regular Session | Amended
Bill Title: Renewable Energy; Subdivision Requirements Exemption
Spectrum: Partisan Bill (Democrat 4-0)
Status: (Engrossed - Dead) 2010-02-18 - (S) Referred to ENE/TIA/WTL. [HB2618 Detail]
Download: Hawaii-2010-HB2618-Amended.html
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
2618 |
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TWENTY-FIFTH LEGISLATURE, 2010 |
H.D. 1 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO RENEWABLE ENERGY.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Following the 2009 legislative session, the chairs of the senate committee on economic development and technology and the house committee on economic revitalization, business and military affairs convened a technology caucus work group to bring together industry stakeholders and interested policymakers to develop recommendations for legislation to enhance Hawaii's struggling economy. The work group provided a forum to review the current status of Hawaii's science/technology industry, identify state or county actions that impede long-term growth and expansion of technology companies, and develop recommendations to address these impediments. The work group also identified best practices supporting the growth and development of science/technology industries in other jurisdictions to aid in developing proposed suggestions for future legislation.
The legislature finds that Act 173, Session Laws of Hawaii 2009, allows renewable energy projects to be exempted from subdivision requirements. As adopted, however, the law declares an application to be disapproved if no action is taken by the applicable agency within the proscribed ninety days.
The purpose of this Act is to implement recommendations of the technology caucus work group by requiring the application to be deemed approved if not disapproved within the ninety-day period.
SECTION 2. Section 201N-14, Hawaii Revised Statutes, is amended by amending subsection (d) to read as follows:
"(d) The exemption from subdivision requirements authorized by this section shall only apply to leases and easements that meet the following requirements and shall be subject to the following limitations:
(1) The lease or easement shall restrict the use of the leased land or easement area to the development and operation of a renewable energy project; provided that, to comply with section 205-4.6, agricultural uses and activities shall not be restricted on agricultural land;
(2) The lease shall have an initial term of at least twenty years;
(3) With respect to leases and easements on lands within an agricultural state land use district, the exemption from subdivision requirements provided by this section shall be for solar energy facilities permitted under section 205-2(d)(6), on land with soil classified by the land study bureau's detailed land classification as overall (master) productivity rating class D or E;
(4) With respect to leases and easements on lands within a conservation state land use district, the exemption from subdivision requirements provided by this section shall be for wind energy facilities, including the appurtenances associated with the production and transmission of wind-generated energy; and
(5) The county agency charged with administering
subdivisions in the county in which the renewable energy project is to be
situated or, if the land is in a conservation state land use district, the
department of land and natural resources, shall approve the exemption from
subdivision requirements within ninety days after the project's developer and
the owner of the land on which the renewable energy project is to be situated
have submitted the conceptual schematics or preliminary plans and
specifications for the renewable energy project to the county agency or the
department of land and natural resources, and have provided to such county agency
or the department of land and natural resources, as applicable, a certification
and agreement that all applicable and appropriate environmental reviews and
permitting shall be completed prior to commencement of development of the
renewable energy project. If, on the ninety-first day, an exemption has not
been [approved,] disapproved, it shall be deemed [disapproved]
approved by the county agency or the department of land and natural
resources, whichever is applicable."
SECTION 3. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 4. This Act shall take effect on July 1, 2050.
Report Title:
Renewable Energy; Subdivision Requirements Exemption
Description:
Requires an exemption from subdivision requirements for a renewable energy facility to be deemed approved if not disapproved within the ninety-day time period. Effective July 1, 2050. (HB2618 HD1)
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
