[§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. 



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)  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.



(c)  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)  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)  For any lease issued pursuant to this
section, the renewable energy producer shall have the right of first refusal
upon renewal of the lease. [L Sp 2009, c 19, §1]