Title 12, Conservation And Resources

[§196-87] Protection against repeal of federal standards. (a) If any of the energy or water conservation standards issued or approved for publication by the Office of the United States Secretary of Energy as of January 19, 2017, pursuant to the Energy Policy and Conservation Act …

§196-88 Testing, certification, and labeling. Manufacturers shall test, certify, and label products meeting the minimum efficiency standards set forth in section 196-85 and may utilize testing, certification, and labeling programs of other states and federal agencies with similar…

§196-9 Energy efficiency and environmental standards for state facilities, motor vehicles, and transportation fuel. (a) Each agency is directed to implement, to the extent possible, the following goals during planning and budget preparation and program implementation. (b) With re…

[§196D-1] Short title. This chapter shall be known and may be cited as the Geothermal and Cable System Development Permitting Act of 1988. [L 1988, c 301, pt of §1]

[§196D-10] Transfer of functions. (a) Those functions identified in paragraphs (1) and (2) insofar as they relate to the permit application, review, processing, issuance, and monitoring of laws, and rules and to the enforcement of terms, conditions, and stipulations of permits an…

[§196D-11] Annual report. The department shall submit an annual report to the governor and the legislature on its work during the preceding year, the development status of the project, any problems encountered, and any legislative actions that may be needed further to improve the…

[§196D-12] Severability. If any provision of this chapter or the application thereof to any person or circumstances is held invalid, the invalidity shall not affect other provisions or applications of this chapter that can be given effect without the invalid provision or applicat…

§196D-13 Exemptions from certain state laws. In order to promote the purposes of this chapter, all persons hired by the department to effectuate this chapter are excepted from chapters 76 and 89. [L 1988, c 301, pt of §1; am L 2002, c 148, §18]

[§196D-14] Development of geothermal resources on Maui. To the extent an applicant's proposed project includes the development of geothermal resources on the island of Maui and the delivery of electric energy generated from these resources to the island of Oahu through the cable …

[§196D-2] Findings and declaration of purpose. The legislature hereby finds and declares that:

[§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 publi…

[§196D-4] Consolidated permit application and review process. (a) The department is designated as the lead agency for the purposes of this chapter and, in addition to its existing functions, shall establish and administer the consolidated permit application and review process pro…

§196D-5 Consolidated permit application and review procedure. (a) The department shall serve as the lead agency for the consolidated permit application and review process established pursuant to section 196D-4(b) and as set forth in this section for the project. All agencies whos…

[§196D-6] Interagency group. (a) The department shall establish an interagency group comprised of those agencies whose permitting functions are not transferred by section 196D-10 to the department for the purposes of the project and which have jurisdiction over any aspect of the …

[§196D-7] Streamlining activities. In administering the consolidated permit application and review process, the department shall:

[§196D-8] Information services. The department shall:

[§196D-9] Construction of the chapter; rules. This chapter shall be construed liberally to effectuate its purposes, and the department shall have all powers which may be necessary to carry out the purposes of this chapter, including the authority to make, amend, and repeal rules …

§197-1 Definitions. As used in this chapter, unless the context indicates otherwise: "Aquatic life" means any type or species of mammal, fish, amphibian, reptile, mollusk, crustacean, arthropod, invertebrate, coral or other animal that inhabits the freshwater and marine environme…

§197-2 Animal species advisory commission. (a) There is established within the department an animal species advisory commission which may serve in an advisory capacity to the board. The commission shall consist of nine members to be appointed by the governor in the manner provide…

§197-3 Introduction of aquatic life and wildlife. (a) No species of aquatic life and wildlife shall be deliberately introduced by the department under this chapter into any habitat within the State, whether the introduction is from without the State into the State or from one are…

§197-5 General penalty. Any person violating any of the provisions of this chapter, or any rule adopted pursuant to this chapter, shall be guilty of a petty misdemeanor and upon conviction thereof shall be punished as provided by law. [L 1985, c 74, pt of §1]

§198-1 Conservation easement defined. For the purposes of this chapter, a "conservation easement" is an interest in real property created by deed, restrictions, covenants, or conditions, the purpose of which is to:

[§198-2] Nature. (a) A conservation easement is freely transferable in whole or in part for the purposes stated in section 198-1 by any lawful method for the transfer of interests in real property in this State. (b) A conservation easement shall be perpetual in duration. (c) A co…

[§198-3] Holders. Any public body and any organization which qualifies for and holds an income tax exemption under section 501(c) of the federal Internal Revenue Code of 1954, as amended, and whose organizational purposes are designed to facilitate the purposes of this chapter, m…

[§198-4] Recordation. Instruments creating, assigning, or otherwise transferring conservation easements shall be recorded in the bureau of conveyances, or the land court, as the case may be, and such instruments shall be subject in all respects to the requirements of chapters 501…

[§198-5] Enforcement of easement. (a) All conservation easements, whether held by public bodies or qualifying private organizations, shall be considered to run with the land, whether or not such fact is stipulated in the instrument of conveyance or ownership, and no conservation …

[§198-6] Construction. This chapter shall not be construed to imply that any easement, covenant, condition, or restriction which does not have the benefit of this chapter shall on account of any provisions of this chapter be unenforceable. Nothing in this chapter shall diminish t…

[§198D-1] Definitions. For the purpose of this chapter: "Access" means an easement or way: It includes a lateral easement along the shoreline, coastline, or beach. "Department" means the department of land and natural resources. "Trail" means an identifiable linear course used pr…

[§198D-10] Limitation on chapter's provisions. (a) Nothing in this chapter shall be construed as conferring or imposing upon the department any rights, powers, and duties over: (b) The designation as part of the statewide trail and access system of trails and accesses, the use to…

[§198D-11] Rules. The department may adopt rules in accordance with chapter 91 for the purposes of this chapter. [L 1988, c 236, pt of §2]

[§198D-12] General administrative penalties. (a) Except as otherwise provided by law, the board or its authorized representative by proper delegation may set, charge, and collect administrative fines or bring legal action to recover administrative fees and costs as documented by …

[§198D-13] Criminal penalties. (a) In addition to any other penalties, any person violating this chapter, any rule adopted pursuant to this chapter, or the terms and conditions of any permit issued in accordance with this chapter shall be guilty of a petty misdemeanor and shall b…

§198D-2 Establishment of Hawaii statewide trail and access program. (a) There is established the Hawaii statewide trail and access program, to be known as Na Ala Hele. The department of land and natural resources shall plan, develop, acquire land or rights for public use of land,…

§198D-3 Inventory. (a) The department shall establish, maintain, and amend, as required, an inventory of all trails and accesses in the State, whether wholly or partly on public or private lands and whether or not under the jurisdiction of the department, and a separate inventory…

§198D-4 Classification. The department shall classify each trail and access in the inventories according to the following:

§198D-5 Identification of proposed, potential, and needed trails and accesses. (a) In addition to the inventories under section 198D-3, the department shall identify and maintain a listing of: (b) The listing may be published in the inventories required under section 198D-3. [L 1…

§198D-6 Regulation of use of trails and accesses. The department, by rule adopted in accordance with chapter 91, may regulate the use of trails and accesses under the department's jurisdiction. Regulation of the use of trails and accesses shall be established for the following pu…

[§198D-7] Examination of legal issues. The department, in consultation with the attorney general, shall examine legal issues relating to trails and accesses. The legal issues examined shall include:

§198D-7.5 Agreements to defend and indemnify. (a) The department may enter into agreements with owners of public or private land to further the purposes of this chapter. Agreements between the State and an owner may provide that the State will defend the owner, its affiliates, an…

[§198D-7.6] Limitation on liability. The State shall not be liable for any injury to any person arising from the person's use of unimproved lands owned or controlled by the State and regulated under section 198D-6, unless the injury results from gross negligence on the part of th…

§198D-8 Request to acquire rights for public use of additional trails and accesses. The department may request the legislature for appropriations to acquire rights to trails and accesses which are closed to public use or which are necessary to effectuate the trail and access prog…

§198D-9 Other powers and duties of department. The department:

§199-1 Board of land and natural resources, powers and duties. The board of land and natural resources shall establish within the department of land and natural resources a conservation and resources enforcement program relating to the enforcement of title 12, chapters 6D, 6E, an…

§199-1.5 Conservation and resources enforcement special fund; established. (a) There is hereby established in the state treasury a special fund known as the conservation and resources enforcement special fund, which shall be administered by the department. (b) The following shall…

§199-2 Board of land and natural resources, delegation of authority. The board of land and natural resources may delegate to enforcement officers within the conservation and resources enforcement program, such authority as may be required for enforcement of title 12, chapters 6D,…