Terms Used In Hawaii Revised Statutes > Chapter 335 - Interstate Compact On Mental Health

• agricultural activities: means the activities described in paragraphs (1) to (3);
  (22) Geothermal resources exploration and geothermal resources development, as defined under § 182-1;
  (23) Hydroelectric facilities, including the appurtenances associated with the production and transmission of hydroelectric energy, subject to § 205-2; provided that the hydroelectric facilities and their appurtenances:

  (A) Shall consist of a small hydropower facility as defined by the United States Department of Energy, including:

  (i) Impoundment facilities using a dam to store water in a reservoir;

  (ii) A diversion or run-of-river facility that channels a portion of a river through a canal or channel; and

  (iii) Pumped storage facilities that store energy by pumping water uphill to a reservoir at higher elevation from a reservoir at a lower elevation to be released to turn a turbine to generate electricity;

  (B) Comply with the state water code, chapter 174C;

  (C) Shall, if over five hundred kilowatts in hydroelectric generating capacity, have the approval of the commission on water resource management, including a new instream flow standard established for any new hydroelectric facility; and

  (D) Do not impact or impede the use of agricultural land or the availability of surface or ground water for all uses on all parcels that are served by the ground water sources or streams for which hydroelectric facilities are considered; or
  (24) Notwithstanding any other law to the contrary, composting and co-composting operations; provided that operations that process their own green waste and do not require permits from the department of health shall use the finished composting product only on the operation's own premises to minimize the potential spread of invasive species. See Hawaii Revised Statutes 205-4.5
• Agricultural activity: means any activity described in paragraphs (1) to (3) of this subsection. See Hawaii Revised Statutes 205-4.5
• agricultural education programs: means activities or events designed to promote knowledge and understanding of agricultural activities and practices conducted on a farming operation as defined in § 165-2;
  (20) Solar energy facilities that do not occupy more than ten per cent of the acreage of the parcel, or twenty acres of land, whichever is lesser or for which a special use permit is granted pursuant to § 205-6; provided that this use shall not be permitted on lands with soil classified by the land study bureau's detailed land classification as overall (master) productivity rating class A;
  (21) Solar energy facilities on lands with soil classified by the land study bureau's detailed land classification as overall (master) productivity rating B or C for which a special use permit is granted pursuant to § 205-6; provided that:

  (A) The area occupied by the solar energy facilities is also made available for compatible agricultural activities at a lease rate that is at least fifty per cent below the fair market rent for comparable properties;

  (B) Proof of financial security to decommission the facility is provided to the satisfaction of the appropriate county planning commission prior to date of commencement of commercial generation; and

  (C) Solar energy facilities shall be decommissioned at the owner's expense according to the following requirements:

  (i) Removal of all equipment related to the solar energy facility within twelve months of the conclusion of operation or useful life; and

  (ii) Restoration of the disturbed earth to substantially the same physical condition as existed prior to the development of the solar energy facility. See Hawaii Revised Statutes 205-4.5
• Agricultural-energy enterprise: means an enterprise that integrally incorporates an agricultural activity with an agricultural-energy facility. See Hawaii Revised Statutes 205-4.5
• Agricultural-energy facility: means a facility that generates, stores, or distributes renewable energy as defined in § 269-91 or renewable fuel including electrical or thermal energy or liquid or gaseous fuels from products of agricultural activities from agricultural lands located in the State. See Hawaii Revised Statutes 205-4.5
• Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
• Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
• Appurtenances: means operational infrastructure of the appropriate type and scale for economic commercial storage and distribution, and other similar handling of feedstock, fuels, and other products of biofuel processing facilities. See Hawaii Revised Statutes 205-4.5
• bona fide agricultural activity: means a farming operation as defined in § 165-2;
  (15) Wind energy facilities, including the appurtenances associated with the production and transmission of wind generated energy; provided that the wind energy facilities and appurtenances are compatible with agriculture uses and cause minimal adverse impact on agricultural land;
  (16) Biofuel processing facilities, including the appurtenances associated with the production and refining of biofuels that is normally considered directly accessory and secondary to the growing of the energy feedstock; provided that biofuel processing facilities and appurtenances do not adversely impact agricultural land and other agricultural uses in the vicinity. See Hawaii Revised Statutes 205-4.5
• county: includes the city and county of Honolulu. See Hawaii Revised Statutes 1-22
• Deed: The legal instrument used to transfer title in real property from one person to another.
• Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. ^{Source: U.S. Courts}
• Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
• Foreclosure: A legal process in which property that is collateral or security for a loan may be sold to help repay the loan when the loan is in default. ^{Source: OCC}
• Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
• Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). ^{Source: OCC}
• month: means a calendar month; and the word "year" a calendar year. See Hawaii Revised Statutes 1-20
• Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
• Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
• Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
• Reporter: Makes a record of court proceedings and prepares a transcript, and also publishes the court's opinions or decisions (in the courts of appeals).
• Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
• Statute: A law passed by a legislature.
• Testify: Answer questions in court.
• Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
• Trustee: A person or institution holding and administering property in trust.
• Uphold: The decision of an appellate court not to reverse a lower court decision.