§196D-3 - Definitions.

[§196D-3]  Definitions.  As used
in this chapter unless the context clearly requires otherwise:

"Agency" means any department,
office, board, or commission of the State or a county government which is a
part of the executive branch of that government, but does not include any
public corporation or authority that may be established by the legislature for
the purposes of the project.

"Applicant" means any person who,
pursuant to statute, ordinance, rule, or regulation, requests approval or a
permit of the proposed project.

"Approval" means a discretionary
consent required from an agency prior to the actual implementation of the
project.

"Department" means the department of
land and natural resources or any successor agency.

"Discretionary consent" means a
consent, sanction, or recommendation from an agency for which judgment and free
will may be exercised by the issuing agency, as distinguished from a
ministerial consent.

"Environmental impact statement"
means, as applicable, an informational document prepared in compliance with
chapter 343 or with the National Environmental Policy Act of 1969 (Public Law
91-190).

"Interagency group" means the body
established pursuant to section 196D-6.

"Permit" means any license, permit,
certificate, certification, approval, compliance schedule, or other similar
document or decision pertaining to any regulatory or management program which
is related to the protection, conservation, use of, or interference with the
natural resources of land, air, or water in the State and which is required
prior to or in connection with the undertaking of the project.

"Person" includes any individual,
partnership, firm, association, trust, estate, corporation, joint venture,
consortium, any public corporation or authority that may be established by the
legislature for the purposes of the project, or other legal entity other than
an agency.

"Project" means the commercial
development, construction, installation, financing, operation, maintenance,
repair, and replacement, including without limitation all applicable
exploratory, testing, and predevelopment activities related to the foregoing
of:

(1)  A geothermal power plant or plants, including all
associated equipment, facilities, wells, and transmission lines, on the island
of Hawaii for the purpose of generating electric energy for transmission
primarily to the island of Oahu through the cable system; and

(2)  An interisland deep water electrical transmission
cable system, including all land-based transmission lines and other ancillary
facilities, to transmit geothermally generated electric energy from the island
of Hawaii to the island of Oahu, regardless of whether the cable system is used
to deliver electric energy to any intervening point. [L 1988, c 301, pt of §1]