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THE SENATE |
S.B. NO. |
2670 |
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TWENTY-SIXTH LEGISLATURE, 2012 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
relating to public land leaseholders rights.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Section 171-95.3, Hawaii Revised Statutes, is amended to read as follows:
"[[]§171-95.3[]]
Renewable energy producers; lease of public lands without public auction. (a)
The board may lease or renew a lease of public lands to renewable energy
producers, as defined in section 171-95, without public auction only pursuant
to a public process that includes public notice under section 1-28.5 providing
other interested renewable energy producers opportunity to participate in the
process; provided that nothing in this section shall be construed to prevent
the board from conducting direct negotiations; provided further that the
renewable energy producer shall be required to submit as part of the proposal
for the board's evaluation, as assisted by the department of business, economic
development, and tourism, the following:
(1) A timeline for completion of the project;
(2) A description of a financial plan for project financing;
(3) A description of the conceptual design of the project;
(4) A description of the business concept for the project; and
(5) A description of landscape and acreage requirements including public and private lands.
(b) As part of the board's evaluation, the terms and conditions of section 171-33 shall apply. If the public land is held by an existing lessee who is currently in compliance with the terms of the lease, the board shall seek input from that lessee regarding the renewable energy producer's proposal. Upon completion of the board's evaluation and determination to award or not award a lease to a renewable energy producer, the board shall prepare a report outlining the reasons for the decision.
[(b)] (c) A lease to a renewable
energy producer under this section shall not result in the involuntary
termination of a lease of public land held by an existing lessee who is
currently in compliance with the terms of the lease[.]; provided that
the board shall seek input from the existing lessee as part of its evaluation
and determination to award or not award a lease to a renewable energy producer.
[(c)] (d) To inform the public
prior to the lease of public land or the renewal of a lease of public land for
a proposed renewable energy project under this section, the department of land
and natural resources shall conduct not less than two public hearings on the
island where the public land to be leased for the proposed renewable energy
project is located; provided that the notice of the hearing shall be published
as provided in section 1-28.5. The board shall prepare and distribute an
outline of the proposals for the renewable energy project and receive testimony
from interested parties and the general public at each public hearing.
[(d)] (e) Any action taken by
the board upon a proposal subject to this section shall take place on the
island where the public land to be leased for the proposed renewable energy
project is located.
[(e)] (f) For any lease issued
pursuant to this section, the renewable energy producer shall have the right of
first refusal upon renewal of the lease."
SECTION 2. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 3. This Act shall take effect upon its approval.
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INTRODUCED BY: |
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Report Title:
Public Lands; Leases; Renewable Energy Producers
Description:
Requires the board of land and natural resources to seek input from existing lessees as part of its evaluation to determine whether to award a lease to a renewable energy producer.
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.