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shall continue to enjoy the exemption from subdivision requirements grantedunder section 201N-14 after that section is repealed on July 1, 2013; providedthat the following restrictions are complied with:

(1)  The terms of the lease or easement shall restrictthe use of the leased land or easement area to the development and operation ofa 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 leasttwenty years.

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

(c)  The lease or easement may be transferredor assigned by recordation of a document in the bureau or the land court, asapplicable; provided that the restrictions in subsection (a)(1) and (2) arecomplied with and acknowledged by the transferee or assignee in any conveyanceor assignment document.

(d)  The term of the lease or easement may beextended, and the terms and conditions of the lease or easement may be amendedor modified; provided that the restrictions in subsection (a)(1) and (2) arecomplied with, and that any material change to the leased land or easement areashall be subject to subsection (e).

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

(f)  For purposes of this section:

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

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

"Material change" means any materialchange affecting the location, size, boundaries, or configuration of the leasedland or the easement area that would require state or county review andapproval under the subdivision requirements.

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

"Subdivision requirements" means allstate laws or county ordinances and permits setting forth standards orrequirements for improvements and approvals applicable to the subdivision orconsolidation of land, changes in legal boundaries, or the creation orconsolidation of parcels, easements, or other interest in land. [L 2009, c 173,§3]