§201N-1  Definitions.  As used in this
chapter, unless the context otherwise requires:



"County agency" means a department,
division, office, officer, agency, or other organization of a county
government, including a county council.



"County law" means a county charter
provision, ordinance, or administrative rule.



"County permit" means a permit that
is subject to approval by a county agency pursuant to federal, state, or county
law.



"Delegated environmental permit"
means an air or water quality permit subject to issuance by the department of
health under authority delegated by the United States Environmental Protection
Agency.



"Energy resources coordinator" or
"coordinator" means the energy resources coordinator as designated in
section 196-3.



"Permit":



(1)  Means any approval, no matter the nomenclature,
necessary for the siting, development, construction, or operation of a
renewable energy facility; except that the term shall not include:



(A)  Acceptance by an accepting authority of an
environmental impact statement on a facility;



(B)  Issuance by a county agency of a building
or grading permit; or



(C)  Approval by the public utilities
commission of a power purchase agreement between a renewable energy facility
and a public utility; and



(2)  Includes:



(A)  A state land use reclassification;



(B)  A county development, community, or
community development plan amendment;



(C)  A county zoning map amendment;



(D)  A state conservation district use permit;



(E)  A state special use permit for an agricultural
or rural district;



(F)  A special management area permit;



(G)  A shoreline setback variance; and



(H)  A grant of an easement on state or county
real property.



"Permit plan" means the aggregated
set of required permits for a renewable energy facility, coordinated by the
department of business, economic development, and tourism.



"Power purchase agreement" means an
agreement between a renewable energy facility owner and a public utility on the
sale of electricity produced by the facility to the public utility.



"Renewable energy" has the same
meaning as defined under section 269-91.



"Renewable energy facility" or
"facility" means a new facility located in the State with the
capacity to produce from renewable energy at least two hundred megawatts of electricity;
provided that an electricity production facility with a capability between five
megawatts and one hundred ninety-nine megawatts of electricity and a biofuel
production facility with a capacity to produce one million gallons or more
annually may apply to the coordinator for designation as a renewable energy
facility.  The term includes any of the following associated with the initial
permitting and construction of the facility:



(1)  The land parcel on which the facility is
situated;



(2)  Any renewable energy production structure or
equipment;



(3)  Any energy transmission line from the facility to
a public utility's electricity transmission or distribution system;



(4)  Any on-site infrastructure; and



(5)  Any on-site building, structure, other improvement,
or equipment necessary for the production of electricity or biofuel from the
renewable energy site, transmission of the electricity or biofuel, or any
accommodation for employees of the facility.



"State agency" means a department,
division, office, agency, or other organization of the state government, but
not the legislature.



"State law" means a state
constitutional provision, statute, or administrative rule.



"State permit" means a permit that is
subject to the approval of a state agency pursuant to federal or state law;
except that the term does not include a delegated environmental permit.



"Subdivision requirements" [Definition
repealed on July 1, 2013.  L 2009, c 173, §7.] means all state laws or
county ordinances and permits setting forth standards or requirements for
improvements and approvals applicable to the subdivision or consolidation of
land, changes in legal boundaries, or the creation or consolidation of parcels,
easements, or other interest in land. [L 2008, c 207, pt of §2; am L 2009, c
155, §7 and c 173, §4]