[§171-95.3]  Renewable energyproducers; lease of public lands without public auction.  (a)  The boardmay lease or renew a lease of public lands to renewable energy producers, asdefined in section 171-95, without public auction only pursuant to a publicprocess that includes public notice under section 1-28.5 providing otherinterested renewable energy producers opportunity to participate in theprocess; provided that nothing in this section shall be construed to preventthe board from conducting direct negotiations; provided further that therenewable energy producer shall be required to submit as part of the proposalfor the board's evaluation, as assisted by the department of business, economicdevelopment, and tourism, the following:

(1)  A timeline for completion of the project;

(2)  A description of a financial plan for projectfinancing;

(3)  A description of the conceptual design of theproject;

(4)  A description of the business concept for theproject; and

(5)  A description of landscape and acreagerequirements including public and private lands. 

Upon completion of the board's evaluation anddetermination to award or not award a lease to a renewable energy producer, theboard shall prepare a report outlining the reasons for the decision.

(b)  A lease to a renewable energy producerunder this section shall not result in the involuntary termination of a leaseof public land held by an existing lessee who is currently in compliance withthe terms of the lease.

(c)  To inform the public prior to the lease ofpublic land or the renewal of a lease of public land for a proposed renewableenergy project under this section, the department of land and natural resourcesshall conduct not less than two public hearings on the island where the publicland to be leased for the proposed renewable energy project is located;provided that the notice of the hearing shall be published as provided insection 1-28.5.  The board shall prepare and distribute an outline of theproposals for the renewable energy project and receive testimony frominterested parties and the general public at each public hearing.

(d)  Any action taken by the board upon aproposal subject to this section shall take place on the island where thepublic land to be leased for the proposed renewable energy project is located.

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