D.  Disposition to Government Agencies and
Public Utilities



 



§171-95  Disposition to governments,
governmental agencies, public utilities, and renewable energy producers. 
(a)  Notwithstanding any limitations to the contrary, the board of land and
natural resources may, without public auction:



(1)  Sell public lands at such price and on such other
terms and conditions as the board may deem proper to governments, including the
United States, city and county, counties, other governmental agencies
authorized to hold lands in fee simple and public utilities;



(2)  Lease to the governments, agencies, public
utilities, and renewable energy producers public lands for terms up to, but not
in excess of, sixty-five years at such rental and on such other terms and conditions
as the board may determine;



(3)  Grant licenses and easements to the governments,
agencies, public utilities, and renewable energy producers on such terms and
conditions as the board may determine for road, pipeline, utility,
communication cable, and other rights-of-way;



(4)  Exchange public lands with the governments and
agencies;



(5)  Execute quitclaim deeds to the governments and
agencies, with or without consideration, releasing any claim to the property
involved made upon disputed legal or equitable grounds, whenever the board in
its discretion deems it beneficial to the State; and



(6)  Waive or modify building and other requirements
and conditions contained in deeds, patents, sales agreements, or leases held by
the governments and agencies whenever such waiver or modification is beneficial
to the State.



(b)  In any disposition to public utilities
under this section:



(1)  The sale price or lease rental shall be no less
than the value determined in accordance with section 171-17(b); provided that such
sale price or lease rental may be on a nominal basis, if the board finds that
such easement is required in connection with a government project;



(2)  The board shall provide that in case the land
ceases to be used at any future time for the use for which the disposition was
made, the board shall have the right to repurchase the land at the original
sale price or fair market value, whichever is lower, and to purchase
improvements thereon at the depreciated value or fair market value, whichever
is lower;



(3)  Disposition shall not be made to any public
utility if the utility has suitable lands of its own;



(4)  The disposition to public utilities shall be
subject to disapproval by the legislature by two-thirds vote of either the
senate or the house of representatives or by majority vote of both, in any
regular or special session next following the date of the disposition; and



(5)  For the purposes of this section, the definition
of "public utility" as defined in section 269-1 is hereby incorporated
herein by reference.



(c)  For the purposes of this section,
"renewable energy producer" means:



(1)  Any producer of electrical or thermal energy
produced by wind, solar energy, hydropower, landfill gas, waste-to-energy,
ocean thermal energy conversion, cold seawater, wave energy, biomass, including
municipal solid waste, biofuels or fuels derived from organic sources, hydrogen
fuels derived primarily from renewable energy, or fuel cells where the fuel is
derived primarily from renewable sources that sell all of the net power
produced from the demised premises to an electric utility company regulated
under chapter 269 or that sells all of the thermal energy it produces to
customers of district cooling systems; provided that up to twenty-five per cent
of the power produced by a renewable energy producer and sold to the utility or
to district cooling system customers may be derived from fossil fuels; or



(2)  Any grower or producer of plant or animal
materials used primarily for the production of biofuels or other fuels;
provided that nothing herein is intended to prevent the waste product or
byproduct of the plant or animal material grown or produced for the production
of biofuel, other fuels, electrical energy, or thermal energy, from being used
for other useful purposes. [L 1962, c 32, pt of §2; am L 1963, c 40, §§1, 2, 3;
am L 1965, c 239, §35; Supp, §103A-90; HRS §171-95; am L 1983, c 179, §1; am L
2002, c 102, §1; am L 2007, c 205, §5; am L 2008, c 90, §2]