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

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

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

"County permit" means a permit thatis subject to approval by a county agency pursuant to federal, state, or countylaw.

"Delegated environmental permit"means an air or water quality permit subject to issuance by the department ofhealth under authority delegated by the United States Environmental ProtectionAgency.

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

"Permit":

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

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

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

(C)  Approval by the public utilitiescommission of a power purchase agreement between a renewable energy facilityand a public utility; and

(2)  Includes:

(A)  A state land use reclassification;

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

(C)  A county zoning map amendment;

(D)  A state conservation district use permit;

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

(F)  A special management area permit;

(G)  A shoreline setback variance; and

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

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

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

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

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

(1)  The land parcel on which the facility issituated;

(2)  Any renewable energy production structure orequipment;

(3)  Any energy transmission line from the facility toa 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 therenewable energy site, transmission of the electricity or biofuel, or anyaccommodation for employees of the facility.

"State agency" means a department,division, office, agency, or other organization of the state government, butnot the legislature.

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

"State permit" means a permit that issubject 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" [Definitionrepealed on July 1, 2013.  L 2009, c 173, §7.] means all state laws orcounty ordinances and permits setting forth standards or requirements forimprovements and approvals applicable to the subdivision or consolidation ofland, 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, c155, §7 and c 173, §4]