[§201N-13]  Subdivision exemptions in
existence on June 30, 2013.  (a)  Any lease or easement (together with any
mortgages or other documents encumbering either) that received a subdivision
exemption that is in existence on June 30, 2013, may continue to be effective
and shall continue to enjoy the exemption from subdivision requirements granted
under section 201N-14 after that section is repealed on July 1, 2013; provided
that the following restrictions are complied with:



(1)  The terms of the lease or easement shall restrict
the use of the leased land or easement area to the development and operation of
a renewable energy project; provided that, to comply with section 205-4.6,
agricultural uses and activities shall not be restricted on agricultural land; and



(2)  The lease shall have an initial term of at least
twenty years.



(b)  Notwithstanding that the leased land or
easement area is not a lot of record, the lease or easement that received the
subdivision exemption may be further encumbered, or any existing encumbrance
may be amended, extended, or canceled, by recordation of a document in the
bureau or the land court, as applicable, and the encumbrance shall only affect
and encumber the leased land or easement area.  Encumbrances shall be subject
to applicable foreclosure laws, where applicable.



(c)  The lease or easement may be transferred
or assigned by recordation of a document in the bureau or the land court, as
applicable; provided that the restrictions in subsection (a)(1) and (2) are
complied with and acknowledged by the transferee or assignee in any conveyance
or assignment document.



(d)  The term of the lease or easement may be
extended, and the terms and conditions of the lease or easement may be amended
or modified; provided that the restrictions in subsection (a)(1) and (2) are
complied with, and that any material change to the leased land or easement area
shall be subject to subsection (e).



(e)  Any material change after June 30, 2013,
regarding the leased land or easement area shall be subject to subdivision
requirements; provided that the county agency charged with administering
subdivisions (for land within the agricultural state land use district) or the
department of land and natural resources (for land within the conservation
state land use district) shall deem all subdivision requirements from which the
lease or easement was exempt pursuant to the original subdivision exemption to
be met and the lease or easement shall continue to be exempt from the
requirements.  The lease or easement shall only be subject to the additional
subdivision requirements, if any, necessitated by the material change.



(f)  For purposes of this section:



"Bureau" means the bureau of
conveyances of the State of Hawaii.



"Land court" means the office of the
assistant registrar of the land court of the State of Hawaii.



"Material change" means any material
change affecting the location, size, boundaries, or configuration of the leased
land or the easement area that would require state or county review and
approval under the subdivision requirements.



"Subdivision exemption" means the
exemption to the subdivision requirements received pursuant to section 201N-14.



"Subdivision requirements" 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 2009, c 173,
§3]