Haw. Rev. Stat. § 205A-43 — HI Code / Division 1 / Title 13 / Chapter 205A / Section 205A-43
Establishment of shoreline setbacks and duties and powers of the department.
Status: in_force

(a) Setbacks along shorelines are established of not less than forty feet inland from the shoreline. The department shall adopt rules pursuant to chapter 91, and shall enforce the shoreline setbacks and rules pertaining thereto.

(b) The powers and duties of the department shall include, but not be limited to:

(1) The department shall adopt rules under chapter 91 prescribing procedures for determining the shoreline setback line; and

(2) The department shall review the plans of all applicants who propose any structure, activity, or facility that would be prohibited without a variance pursuant to this part. The department may require that the plans be supplemented by accurately mapped data and photographs showing natural conditions and topography relating to all existing and proposed structures and activities. [L 1986, c 258, pt of §1; am L 1989, c 356, §11; am L 2020, c 16, §8]
Haw. Rev. Stat. § 206E-33 — HI Code / Division 1 / Title 13 / Chapter 206E / Section 206E-33
Kakaako community development district; development guidance policies.
Status: in_force

The following shall be the development guidance policies generally governing the authority's action in the Kakaako community development district:

(1) Development shall result in a community which permits an appropriate land mixture of residential, commercial, industrial, and other uses. In view of the innovative nature of the mixed use approach, urban design policies should be established to provide guidelines for the public and private sectors in the proper development of this district; while the authority's development responsibilities apply only to the area within the district, the authority may engage in any studies or coordinative activities permitted in this chapter which affect areas lying outside the district, where the authority in its discretion decides that those activities are necessary to implement the intent of this chapter. The studies or coordinative activities shall be limited to facility systems, resident and industrial relocation, and other activities with the counties and appropriate state agencies. The authority may engage in construction activities outside of the district; provided that such construction relates to infrastructure development or residential or business relocation activities; provided further, notwithstanding section 206E-7, that such construction shall comply with the general plan, development plan, ordinances, and rules of the county in which the district is located;

(2) Existing and future industrial uses shall be permitted and encouraged in appropriate locations within the district. No plan or implementation strategy shall prevent continued activity or redevelopment of industrial and commercial uses which meet reasonable performance standards;

(3) Activities shall be located so as to provide primary reliance on public transportation and pedestrian facilities for internal circulation within the district or designated subareas;

(4) Major view planes, view corridors, and other environmental elements such as natural light and prevailing winds, shall be preserved through necessary regulation and design review; provided that no portion of any building or structure in the Kakaako Mauka area shall exceed four hundred eighteen feet in height;

(5) Redevelopment of the district shall be compatible with plans and special districts established for the Hawaii Capital District, and other areas surrounding the Kakaako district;

(6) Historic sites and culturally significant facilities, settings, or locations shall be preserved;

(7) Land use activities within the district, where compatible, shall to the greatest possible extent be mixed horizontally, that is, within blocks or other land areas, and vertically, as integral units of multi-purpose structures;

(8) Residential development may require a mixture of densities, building types, and configurations in accordance with appropriate urban design guidelines; integration both vertically and horizontally of residents of varying incomes, ages, and family groups; and an increased supply of housing for residents of low- or moderate-income may be required as a condition of redevelopment in residential use. Residential development shall provide necessary community facilities, such as open space, parks, community meeting places, child care centers, and other services, within and adjacent to residential development;

(9) Public facilities within the district shall be planned, located, and developed so as to support the redevelopment policies for the district established by this chapter and plans and rules adopted pursuant to it; and

(10) Development shall consider the impacts of climate change, sea level rise, and climate-resilient development in the design and siting of buildings . [L 1976, c 153, pt of §1; am L 1978, c 119, §1; am L 1982, c 228, §7; am L 1990, c 86, §8; am L 2014, c 61, §10; am L 2023, c 221, §2]
Haw. Rev. Stat. § 201-62 — HI Code / Division 1 / Title 13 / Chapter 201 / Section 201-62
Facilitated application process.
Status: in_force

(a) State agencies are required, and county agencies are authorized and encouraged, to participate in the facilitated application process set forth herein.

(b) The department shall serve as the lead agency for the facilitated application procedure and shall be the lead agency to administer the facilitated application procedure for any project that requires both county permit applications and state agency approval.

(c) The procedure shall be as follows:

(1) An applicant for two or more state permits may apply in writing to the department requesting a facilitated application process for the consideration of the application. The written request shall include sufficient data about the proposed project for the department to determine which other agencies or authorities may have jurisdiction;

(2) Upon receiving a written request for the facilitated application process, the department shall notify all federal, state, and county agencies or authorities that the department determines may have jurisdiction over part or all of the proposed project, and require those state agencies or authorities and invite those county and federal agencies or authorities to participate in the facilitated application process;

(3) The applicant and each agency or authority required or agreeing to participate in the facilitated application process shall designate a representative to serve on the facilitated application review team;

(4) Any state agency or authority designated by the department as a party to an application review that is not able to participate, shall submit an explanation, in writing, to the department as to the reasons and circumstances for noncompliance;

(5) The representatives of the agencies, authorities, and the applicant may develop and sign a joint agreement among themselves identifying the members of the facilitated application review team, specifying the regulatory and review responsibilities of each government agency and setting forth the responsibilities of the applicant, and establishing a timetable for regulatory review, the conduct of necessary hearings, preparation of an environmental impact statement if necessary, and other actions required to minimize duplication and coordinate the activities of the applicant, agencies, and authorities;

(6) Each agency or authority shall issue its own permit or approval based upon its own jurisdiction. The facilitated application process shall not affect or invalidate the jurisdiction or authority of any agency under existing law; and

(7) The applicant shall apply directly to each federal or county agency that does not participate in the facilitated application process.

(d) If a state regulatory permit is necessary to obtain a county permit, then a county agreeing to participate in the facilitated application process may advise the applicant of the facilitated application procedure. To apply for the facilitated application procedure, applicants for county permits involving state permit approvals shall submit a form, which shall be issued by the department; provided that this procedure shall apply only to state permits that need to be approved by a state agency following a review of the plans and certifications submitted by the applicant. State permits that are approved by rule require only that the licensed design professional certify that the plans and specifications are in compliance with state rules. No review by a state agency is required for state approval. Plans and specifications requiring state agency review shall be submitted with the facilitated application procedure to the appropriate state agency, with a copy to the department. If a state permit is approved by rule, then the participating county shall provide a set of drawings and specifications submitted by the applicant to the state agency that developed the rules.

In developing the procedures for approval by rule and by review, permit requirements shall be clearly stated. Performance standards, rather than specific technologies or procedures, shall be specified when appropriate.

(e) For purposes of this section:

"Permit by review" means permits approved by the appropriate state departments.

"Permit by rule" means permits approved by administrative rule. [L 1985, c 237, pt of §4; am L 1987, c 87, pt of §1; am L 1997, c 127, §3; am L 1999, c 243, §2]
Haw. Rev. Stat. § 206-35 — HI Code / Division 1 / Title 13 / Chapter 206 / Section 206-35
Agreement to secure federal contributions; default.
Status: in_force

In addition to the powers conferred upon the board of land and natural resources by other provisions of this chapter, the board, in any contract for annual contributions with the federal government, may obligate itself (which obligation shall be specifically enforceable and shall not constitute a mortgage, notwithstanding any other laws) to convey to the federal government possession of or title to the project to which the contract relates, upon the occurrence of a substantial default (as defined in the contract) with respect to the covenants or conditions to which the board is subject. The contract may provide further that in case of such conveyance, the federal government may complete, operate, manage, lease, convey, or otherwise deal with the project in accordance with the terms of the contract; provided that the contract shall require that, as soon as practicable after the federal government is satisfied that all defaults with respect to the project have been cured and that the project will thereafter be operated in accordance with the terms of the contract, the federal government shall reconvey to the board the project as then constituted.
Haw. Rev. Stat. § 201M-4 — HI Code / Division 1 / Title 13 / Chapter 201M / Section 201M-4
Advisory committee on small business; consultation process for proposed rules.
Status: in_force

(a) There may be established within and administratively attached to every department of the State or county whose rules affect small business activities, an advisory committee on small business. The advisory committee shall consist of three or more odd number of members appointed by the department and may advise more than one department. The department shall have the authority to appoint members to the advisory committee and to fill any vacancies. The members shall serve on a volunteer basis and have experience or knowledge of the effect of regulation by those departments on the formation, operation, or expansion of a small business. No person shall serve on the small business regulatory review board and an advisory committee on small business concurrently. The advisory committees shall not be subject to the requirements of chapter 91.

(b) When the agency is proposing rules that affect small business, the agency may consult with the administratively attached departmental advisory committee on small business regarding any matter related to the proposed rules prior to complying with the rulemaking requirements provided in chapter 91. Each agency shall develop its own internal management procedures for soliciting comments during the drafting of proposed rules from affected small businesses. The agency may develop creative procedures for the solicitation of comments from affected small businesses during the drafting or development of proposed rules.

(c) If necessary, any group or members of affected small businesses may also be consulted by the agency to formulate the relevant language, develop criteria, and provide any other expertise to ensure that the proposed rules will be drafted in a manner that will protect the public health, welfare, and safety without placing an undue and significant burden upon small business. [L 1998, c 168, pt of §2, §5; am L 2002, c 202, §5]
Haw. Rev. Stat. § 205A-2 — HI Code / Division 1 / Title 13 / Chapter 205A / Section 205A-2
Coastal zone management program; objectives and policies.
Status: in_force

(a) The objectives and policies in this section shall apply to all parts of this chapter.

(b) Objectives.

(1) Recreational resources;

(A) Provide coastal recreational opportunities accessible to the public.

(2) Historic resources;

(A) Protect, preserve, and, where desirable, restore those natural and manmade historic and prehistoric resources in the coastal zone management area that are significant in Hawaiian and American history and culture.

(3) Scenic and open space resources;

(A) Protect, preserve, and, where desirable, restore or improve the quality of coastal scenic and open space resources.

(4) Coastal ecosystems;

(A) Protect valuable coastal ecosystems, including reefs, beaches, and coastal dunes, from disruption and minimize adverse impacts on all coastal ecosystems.

(5) Economic uses;

(A) Provide public or private facilities and improvements important to the State's economy in suitable locations.

(6) Coastal hazards;

(A) Reduce hazard to life and property from coastal hazards.

(7) Managing development;

(A) Improve the development review process, communication, and public participation in the management of coastal resources and hazards.

(8) Public participation;

(A) Stimulate public awareness, education, and participation in coastal management.

(9) Beach and coastal dune protection;

(A) Protect beaches and coastal dunes for:

(i) Public use and recreation;

(ii) The benefit of coastal ecosystems; and

(iii) Use as natural buffers against coastal hazards; and

(B) Coordinate and fund beach management and protection.

(10) Marine and coastal resources;

(A) Promote the protection, use, and development of marine and coastal resources to assure their sustainability.

(c) Policies.

(1) Recreational resources;

(A) Improve coordination and funding of coastal recreational planning and management; and

(B) Provide adequate, accessible, and diverse recreational opportunities in the coastal zone management area by:

(i) Protecting coastal resources uniquely suited for recreational activities that cannot be provided in other areas;

(ii) Requiring restoration of coastal resources that have significant recreational and ecosystem value, including but not limited to coral reefs, surfing sites, fishponds, sand beaches, and coastal dunes, when these resources will be unavoidably damaged by development; or requiring monetary compensation to the State for recreation when restoration is not feasible or desirable;

(iii) Providing and managing adequate public access, consistent with conservation of natural resources, to and along shorelines with recreational value;

(iv) Providing an adequate supply of shoreline parks and other recreational facilities suitable for public recreation;

(v) Ensuring public recreational uses of county, state, and federally owned or controlled shoreline lands and waters having recreational value consistent with public safety standards and conservation of natural resources;

(vi) Adopting water quality standards and regulating point and nonpoint sources of pollution to protect, and where feasible, restore the recreational value of coastal waters;

(vii) Developing new shoreline recreational opportunities, where appropriate, such as artificial lagoons, artificial beaches, and artificial reefs for surfing and fishing; and

(viii) Encouraging reasonable dedication of shoreline areas with recreational value for public use as part of discretionary approvals or permits by the land use commission, board of land and natural resources, and county authorities; and crediting that dedication against the requirements of section 46-6;

(2) Historic resources;

(A) Identify and analyze significant archaeological resources;

(B) Maximize information retention through preservation of remains and artifacts or salvage operations; and

(C) Support state goals for protection, restoration, interpretation, and display of historic resources;

(3) Scenic and open space resources;

(A) Identify valued scenic resources in the coastal zone management area;

(B) Ensure that new developments are compatible with their visual environment by designing and locating those developments to minimize the alteration of natural landforms and existing public views to and along the shoreline;

(C) Preserve, maintain, and, where desirable, improve and restore shoreline open space and scenic resources; and

(D) Encourage those developments that are not coastal dependent to locate in inland areas;

(4) Coastal ecosystems;

(A) Exercise an overall conservation ethic, and practice stewardship in the protection, use, and development of marine and coastal resources;

(B) Improve the technical basis for natural resource management;

(C) Preserve valuable coastal ecosystems of significant biological or economic importance, including reefs, beaches, and dunes;

(D) Minimize disruption or degradation of coastal water ecosystems by effective regulation of stream diversions, channelization, and similar land and water uses, recognizing competing water needs; and

(E) Promote water quantity and quality planning and management practices that reflect the tolerance of fresh water and marine ecosystems and maintain and enhance water quality through the development and implementation of point and nonpoint source water pollution control measures;

(5) Economic uses;

(A) Concentrate coastal dependent development in appropriate areas;

(B) Ensure that coastal dependent development and coastal related development are located, designed, and constructed to minimize exposure to coastal hazards and adverse social, visual, and environmental impacts in the coastal zone management area; and

(C) Direct the location and expansion of coastal development to areas designated and used for that development and permit reasonable long-term growth at those areas, and permit coastal development outside of designated areas when:

(i) Use of designated locations is not feasible;

(ii) Adverse environmental effects and risks from coastal hazards are minimized; and

(iii) The development is important to the State's economy;

(6) Coastal hazards;

(A) Develop and communicate adequate information about the risks of coastal hazards;

(B) Control development, including planning and zoning control, in areas subject to coastal hazards;

(C) Ensure that developments comply with requirements of the National Flood Insurance Program; and

(D) Prevent coastal flooding from inland projects;

(7) Managing development;

(A) Use, implement, and enforce existing law effectively to the maximum extent possible in managing present and future coastal zone development;

(B) Facilitate timely processing of applications for development permits and resolve overlapping or conflicting permit requirements; and

(C) Communicate the potential short and long-term impacts of proposed significant coastal developments early in their life cycle and in terms understandable to the public to facilitate public participation in the planning and review process;

(8) Public participation;

(A) Promote public involvement in coastal zone management processes;

(B) Disseminate information on coastal management issues by means of educational materials, published reports, staff contact, and public workshops for persons and organizations concerned with coastal issues, developments, and government activities; and

(C) Organize workshops, policy dialogues, and site-specific mediations to respond to coastal issues and conflicts;

(9) Beach protection;

(A) Locate new structures inland from the shoreline setback to conserve open space, minimize interference with natural shoreline processes, and minimize loss of improvements due to erosion;

(B) Prohibit construction of private shoreline hardening structures, including seawalls and revetments, at sites having sand beaches and at sites where shoreline hardening structures interfere with existing recreational and waterline activities;

(C) Minimize the construction of public shoreline hardening structures, including seawalls and revetments, at sites having sand beaches and at sites where shoreline hardening structures interfere with existing recreational and waterline activities;

(D) Minimize grading of and damage to coastal dunes;

(E) Prohibit private property owners from creating a public nuisance by inducing or cultivating the private property owner's vegetation in a beach transit corridor; and

(F) Prohibit private property owners from creating a public nuisance by allowing the private property owner's unmaintained vegetation to interfere or encroach upon a beach transit corridor; and

(10) Marine and coastal resources;

(A) Ensure that the use and development of marine and coastal resources are ecologically and environmentally sound and economically beneficial;

(B) Coordinate the management of marine and coastal resources and activities to improve effectiveness and efficiency;

(C) Assert and articulate the interests of the State as a partner with federal agencies in the sound management of ocean resources within the United States exclusive economic zone;

(D) Promote research, study, and understanding of ocean and coastal processes, impacts of climate change and sea level rise, marine life, and other ocean resources to acquire and inventory information necessary to understand how coastal development activities relate to and impact ocean and coastal resources; and

(E) Encourage research and development of new, innovative technologies for exploring, using, or protecting marine and coastal resources. [L 1977, c 188, pt of §3; am L 1993, c 258, §1; am L 1994, c 3, §1; am L 1995, c 104, §5; am L 2001, c 169, §3; am L 2010, c 160, §§5, 7; am L 2013, c 120, §4; am L 2020, c 16, §3]
Haw. Rev. Stat. § 201H-108 — HI Code / Division 1 / Title 13 / Chapter 201H / Section 201H-108
Loans; sale, pledge, or assignment.
Status: in_force

(a) Subject to any agreements with the holders of its revenue bonds, the corporation may sell its loans at public or private sale at a price and upon terms and conditions as it determines.

(b) Subject to any agreements with [the] holders of its revenue bonds, the corporation may pledge or assign its loans, other agreements, notes, or property to secure the loans or agreements. [L 2006, c 180, pt of §4]
Haw. Rev. Stat. § 206E-115 — HI Code / Division 1 / Title 13 / Chapter 206E / Section 206E-115
Loans to lenders program.
Status: in_force

(a) The authority may make loans to mortgage lenders under terms and conditions requiring that the loan proceeds be used within a time period prescribed by the authority to make eligible loans in an aggregate principal amount substantially equal to the amount of the loan.

(b) The loan made to a mortgage lender shall be a general obligation of the respective mortgage lender.

(c) The loan as determined by the authority shall:

(1) Bear a date or dates;

(2) Mature at a time or times;

(3) Be evidenced by a note, bond or other certificate of indebtedness;

(4) Contain other provisions consistent with this part.

(d) Subject to any agreement with the holders of its revenue bonds, the authority may consent to any modification to the rate of interest, time, and payment of any installment of principal or interest, security or any other term of any loan to a mortgage lender or any bond, note, contract, or agreement of any kind to which the authority is a party. [L 1982, c 228, pt of §8]
Haw. Rev. Stat. § 201-5 — HI Code / Division 1 / Title 13 / Chapter 201 / Section 201-5
Promotion director and employees.
Status: in_force

The director of business, economic development, and tourism shall employ a promotion director who shall be experienced in industrial and economic promotional activities, and who shall be exempt from chapter 76. The director of business, economic development, and tourism may employ other persons and the director shall determine their qualifications, duties, and compensations subject to chapter 76. The compensation of the promotion director shall be determined by the director of business, economic development, and tourism.
Haw. Rev. Stat. § 209-2 — HI Code / Division 1 / Title 13 / Chapter 209 / Section 209-2
State disaster; determination by governor.
Status: in_force

(a) After any sudden and extraordinary event that causes losses and suffering, the governor shall make a determination as to whether a state disaster has occurred and thereafter may declare a state disaster for the entire State or any portion thereof. In making this determination, the governor shall consider whether the effect on the health and living standards of a substantial number of persons and the effect on the economy of the State are of such a nature as to warrant assistance from the state government.

(b) The governor, in a proclamation, may designate the whole or any part of the State eligible for the relief provided for in this chapter and unless otherwise provided herein may authorize any or all of the relief measures provided for in parts II, III, and IV. [L 1961, c 189, §3; Supp, §98P-3; HRS §209-2; am L 2017, c 12, §27]
Haw. Rev. Stat. § 206E-15 — HI Code / Division 1 / Title 13 / Chapter 206E / Section 206E-15
Residential projects; cooperative agreements.
Status: in_force

(a) If the authority deems it desirable to develop a residential project, it may enter into an agreement with qualified persons to construct, maintain, operate, or otherwise dispose of the residential project. Sale, lease, or rental of dwelling units in the project shall be as provided by the rules established by the authority. The authority may enter into cooperative agreements with the Hawaii housing finance and development corporation for the financing, development, construction, sale, lease, or rental of dwelling units and projects.

(b) The authority may transfer the housing fees collected from private residential developments for the provision of housing for residents of low- or moderate-income to the Hawaii housing finance and development corporation for the financing, development, construction, sale, lease, or rental of such housing within or without the community development districts. The fees shall be used only for projects owned by the State or owned or developed by a qualified nonprofit organization. For the purposes of this section, "nonprofit organization" means a corporation, association, or other duly chartered organization registered with the State, which organization has received charitable status under the Internal Revenue Code of 1986, as amended. [L 1976, c 153, pt of §1; am L 1979, c 126, §2; am L 1987, c 337, §8; am L 1990, c 86, §7; am L 1997, c 350, §14; am L 2005, c 196, §26(b); am L 2006, c 180, §16]
Haw. Rev. Stat. § 227D-6 — HI Code / Division 1 / Title 13 / Chapter 227D / Section 227D-6
Meetings of the board.
Status: in_force

(a) The meetings of the board shall be open to the public as provided in section 92-3, except that when it is necessary for the board to receive information that is proprietary to a particular enterprise that seeks entry into or use of one of its facilities or the disclosure of which might be harmful to the business interest of the enterprise, the board may enter into an executive meeting that is closed to the public.

(b) The board shall be subject to the procedural requirements of section 92-4, and this authorization shall be in addition to the exceptions listed in section 92-5, to enable the authority to respect the proprietary requirements of enterprises with which it has business dealings. [L 1990, c 224, pt of §3]
Haw. Rev. Stat. § 206-13 — HI Code / Division 1 / Title 13 / Chapter 206 / Section 206-13
Power to lease, pledge, or mortgage.
Status: in_force

The board of land and natural resources also may lease or rent any of the dwellings or other accommodations or any of the lands, buildings, structures, or facilities embraced in any development project until such time as it is practicable to sell the same in accordance with this chapter and establish and revise the rents or charges therefor; mortgage or pledge any property, real or personal, or any interest therein to any person, firm, corporation, or government; enter upon any building or property in order to conduct investigations or to make surveys or soundings; purchase, obtain options upon, acquire by gift, grant, bequest, devise, or otherwise, any property, real or personal, or any interest therein, from any person, firm, corporation, or government; own, hold, clear, and improve property; insure or provide for the insurance of the property or operations of the board against such risks as the board may deem advisable; procure insurance or guarantees from the federal government of the payment of any debts or parts thereof secured by mortgages made or held by the board on any property included in any development project.
Haw. Rev. Stat. § 201-4 — HI Code / Division 1 / Title 13 / Chapter 201 / Section 201-4
Contracts.
Status: in_force

[(a)] The department of business, economic development, and tourism may contract with qualified private and public agencies, associations, firms, or individuals within or without the State in pursuance of its duties and functions; provided that preference shall be given to contractors within the State; provided further that preference shall be given to qualified parties who agree to match department funds in whole or in part with funds, equipment, materials, or services; provided further that funds to assist associations of producers, processors, or distributors of industrial products to introduce products which are new or inadequately known to consumers shall be matched by funds equal to at least forty per cent of the funds contracted for by the department or expenses incurred by the department in behalf of the associations; provided further that in instances where the promotion program will benefit one or more of the commodity groups as a whole or where a new or fragile commodity association or industry has the potential for growth but is unable to contribute its full matching share, the department may waive matching fund requirements for the first three years of any contract, but shall require twenty per cent matching funds for the fourth year of any such contract, and at least forty per cent matching funds for the fifth and all subsequent years of any such contract.

The contracts shall be approved in writing by the department and shall specify the name of the contractor, the nature of the work to be performed, the manner in which funds may be expended, and such data as the state comptroller may require.

[(b)] When necessary to effectuate the purposes of this part, funds to state agencies may authorize expenditures for the purchase of machinery and equipment and the erection and conversion of structures, laboratories, and buildings within the State, which facilities shall be and remain under the jurisdiction of the agencies. Private agencies, associations, firms, or individuals shall provide all structures and equipment necessary to effectuate the purposes of funds made to them, in which cases the value which may be attributed to the use of the facilities shall be considered as matching funds. The department shall retain under its own jurisdiction only such furniture, office equipment, and other equipment as is necessary for administration purposes.

[(c)] The director of business, economic development, and tourism may prescribe rules, pursuant to chapter 91, to carry out provisions of this section relating to the manner in which associations of producers, processors, or distributors may be assisted. The rules may prescribe the qualifications for eligibility of associations for assistance under this section, the preferences and priorities in determining eligibility for such assistance, and the conditions, consistent with the purpose of this chapter, for the granting or the continuance of assistance to such associations. [L 1955, c 264, pt of §1; RL 1955, §28A-3; am L 1957, c 152, §1; am L 1959, c 51, §1; am L Sp 1959 2d, c 1, §§10, 14, 25; am L 1963, c 2, §3 and c 114, §1; HRS §201-4; am L 1977, c 12, §2; am L 1981, c 98, §6; am L 1982, c 89, §1; am L 1987, c 336, §7; am L 1990, c 293, §8]
Haw. Rev. Stat. § 206E-31.6 — HI Code / Division 1 / Title 13 / Chapter 206E / Section 206E-31.6
Lease of projects.
Status: in_force

(a) Notwithstanding any law to the contrary, including [section] 206E-14, except as prohibited by section 206E-31.5, the authority may, without recourse to public auction or public notice for sealed bids, lease for a term not exceeding sixty-five years all or any portion of the real or personal property constituting a project to any person, upon such terms and conditions as may be approved by the authority, if the authority finds that the lease is in conformity with the community development plan.

(b) In the case of any sale of the leasehold interest in the project, the terms of the sale shall provide for the repurchase of the leasehold property by the authority at its option, in the event that the purchaser, if other than a state agency, desires to sell the property within ten years; provided that this requirement may be waived by the authority if the authority determines that a waiver will not be contrary to the community development plan. The authority shall establish at the time of original sale a formula setting forth a basis for a repurchase price based on market considerations including but not limited to interest rates, land values, construction costs, and federal tax laws.

If the purchaser in a residential project is a state agency, the authority may include as a term of the sale a provision for the repurchase of the property in conformance with this section . [L 2012, c 323, §7]
Haw. Rev. Stat. § 201H-78 — HI Code / Division 1 / Title 13 / Chapter 201H / Section 201H-78
Security for funds deposited by the corporation.
Status: in_force

The corporation may by resolution provide that all moneys deposited by it shall be secured by:

(1) Any securities by which funds deposited by the director of finance may be legally secured as provided in section 38-3; or

(2) An undertaking with sureties as are approved by the corporation faithfully to keep and pay over upon the order of the corporation any deposits and agreed interest thereon, and all banks and trust companies are authorized to give any such security for those deposits. [L 2006, c 180, pt of §4]
Haw. Rev. Stat. § 226-108 — HI Code / Division 1 / Title 13 / Chapter 226 / Section 226-108
Sustainability.
Status: in_force

Priority guidelines and principles to promote sustainability shall include:

(1) Encouraging balanced economic, social, community, and environmental priorities;

(2) Encouraging planning that respects and promotes living within the natural resources and limits of the State;

(3) Promoting a diversified and dynamic economy;

(4) Encouraging respect for the host culture;

(5) Promoting decisions based on meeting the needs of the present without compromising the needs of future generations;

(6) Considering the principles of the ahupuaa system; and

(7) Emphasizing that everyone, including individuals, families, communities, businesses, and government, has the responsibility for achieving a sustainable Hawaii. [L 2011, c 181, §2]
Haw. Rev. Stat. § 206E-19 — HI Code / Division 1 / Title 13 / Chapter 206E / Section 206E-19
Annual report.
Status: in_force

The authority shall submit to the governor and the legislature, at least twenty days prior to the start of any regular session, a complete and detailed report of its activities.
Haw. Rev. Stat. § 226-2 — HI Code / Division 1 / Title 13 / Chapter 226 / Section 226-2
Definitions.
Status: in_force

As used in this chapter, unless the context otherwise requires:

"A-95 Clearinghouse" means the agency or agencies designated to carry out the procedures established pursuant to federal directive A-95 whereby certain applications for federal funds are reviewed and affected agencies are notified of the proposed applications.

"Advisory committee" means the committee established in section [226-55] to advise and assist in the formulation of the state functional plans.

"Ahupuaa" means a traditional native Hawaiian resource and behavioral management system that ensures respect for the air, land, water, and other scarce natural resources that make life sustainable from the mountains to the sea.

"Conform", "in conformance with this chapter" or "be in conformance with the overall theme, goals, objectives and policies," for the purposes of sections 226-52, [226-55], and [226-59], means the weighing of the overall theme, goals, objectives and policies of this chapter and a determination that an action, decision, rule or state program is consistent with the overall theme, and fulfills one or more of the goals, objectives, or policies of this chapter.

"County agency" means any department, office, board, or commission of the county.

"County development plan" means a relatively detailed plan for an area or region within a county to implement the objectives and policies of a county general plan.

"County general plan" means the comprehensive long-range plan or development plan, if any, which has been adopted by ordinance or resolution by a county council.

"Federal agency" means any federal department, office, board, or commission.

"Functional plan" means a plan setting forth the policies, statewide guidelines, and priorities within a specific field of activity, when such activity or program is proposed, administered, or funded by any agency of the State.

"Guidelines" means a stated course of action which is desirable and should be followed unless a determination is made that it is not the most desirable in a particular case; thus, a guideline may be deviated from without penalty or sanction.

"Hawaii state plan" means a long-range comprehensive plan, including the overall theme, goals, objectives, policies, priority guidelines, and implementation mechanisms established in this chapter.

"Kanaka maoli" means native Hawaiians.

"Office" means the office of planning and sustainable development.

"Petroleum" includes crude oil or any fraction thereof which is liquid at standard conditions of temperature and pressure (60 degrees Fahrenheit and 14.7 pounds per square inch absolute).

"Priority guidelines" means those guidelines which shall take precedence when addressing areas of statewide concern.

"Socio-cultural advancement" means those collective efforts, through governmental or private organizations or both, to improve the community or social well-being by carrying out the objectives and policies as related to: housing, health, education, social services, leisure, individual rights, culture, and public safety.

"State agency" means any department, office, board, or commission of the State, or the University of Hawaii.

"State programs" means a combination of actions and activities undertaken by any state agency that are designed, coordinated, and executed to achieve an objective or set of objectives and policies within defined areas of concern.

"Sustainability" means achieving the following:

(1) Respect of the culture, character, beauty, and history of the State's island communities;

(2) Striking a balance between economic, social, community, and environmental priorities; and

(3) Meeting the needs of the present without compromising the ability of future generations to meet their own needs. [L 1978, c 100, pt of §2; am L 1984, c 236, §2; am L 1986, c 276, §2; am L 1987, c 336, §4(1); am L 1988, c 70, §2; am L 1996, c 299, §3; am L 2003, c 3, §6; am L 2011, c 181, §3; am L 2015, c 38, §1; am L 2021, c 153, §8]
Haw. Rev. Stat. § 225M-1 — HI Code / Division 1 / Title 13 / Chapter 225M / Section 225M-1
Purpose.
Status: in_force

The purpose of this chapter is to establish an office of planning and sustainable development to assist the governor; the director of business, economic development, and tourism; the legislature; and state and county agencies in maintaining an overall framework to guide the development of the State through a continuous process of comprehensive, long-range, and strategic planning to meet the physical, economic, and social needs of Hawaii's people, and provide for the wise use of Hawaii's resources in a coordinated, efficient, and economical manner, including the conservation of those natural, environmental, recreational, scenic, historic, and other limited and irreplaceable resources which are required for future generations.

The establishment of an office of planning and sustainable development in the department of business, economic development, and tourism, for administrative purposes, is intended to:

(1) Fix responsibility and accountability to successfully carry out statewide planning programs, policies, and priorities;

(2) Improve the efficiency and effectiveness of the operations of the executive branch; and

(3) Ensure comprehensive planning and coordination to enhance the quality of life of the people of Hawaii. [L 1987, c 336, pt of §1; am L 1996, c 299, §1; am L 2021, c 153, §6]
Haw. Rev. Stat. § 206M-16 — HI Code / Division 1 / Title 13 / Chapter 206M / Section 206M-16
Exemption of development corporation from taxation and competitive bidding.
Status: in_force

(a) All revenues and receipts derived by the development corporation from any project or economic zone or under a project agreement or other agreement pertaining thereto shall be exempt from all state and county taxation. Any right, title, and interest of the development corporation in any project or economic zone shall also be exempt from all state and county taxation. Except as otherwise provided by law, the interest of a qualified person or other user of a project or economic zone under a project agreement or other agreements related to a project or economic zone shall not be exempt from taxation to a greater extent than it would be if the costs of the project or economic zone were directly financed by the qualified person or user.

(b) The development corporation shall not be subject to any requirement of law for competitive bidding for project agreements, construction contracts, lease and sublease agreements, or other contracts unless a project agreement with respect to a project or economic zone shall so require. [L 1983, c 152, pt of §2; am L 1989, c 274, §4; am L 2000, c 72, §21; am L 2022, c 55, §2]
Haw. Rev. Stat. § 206J-4 — HI Code / Division 1 / Title 13 / Chapter 206J / Section 206J-4
Aloha Tower development corporation; established.
Status: in_force

(a) There is established the Aloha Tower development corporation, which shall be a public body corporate and politic, a public instrumentality, and an agency of the State. The development corporation shall be placed within the department of transportation for administrative purposes, pursuant to section 26-35.

(b) The development corporation shall consist of a board of directors having five voting members: The director of business, economic development, and tourism or the director ' s designee; the chairperson of the board of land and natural resources or the chairperson ' s designee; the deputy director of transportation, harbors division; one member to be appointed by the speaker of the house of representatives; and one member to be appointed by the president of the senate. The deputy director of transportation, harbors division, shall serve as chairperson of the board.

(c) The members of the board appointed under subsection (b) shall serve without compensation, but each member shall be reimbursed for expenses, including travel expenses, incurred in the performance of their duties. [L 1981, c 236, pt of §1; am L 1986, c 146, §3; am L 1987, c 336, §7; am L 1990, c 293, §8; am L 1992, c 34, §1; am L 2000, c 253, §150; am L 2008, c 200, §4; am L 2011, c 152, §2; am L 2015, c 130, §1]
Haw. Rev. Stat. § 206E-107 — HI Code / Division 1 / Title 13 / Chapter 206E / Section 206E-107
Trustee; designation, duties.
Status: reserved

(a) The authority shall designate a trustee for each issue of revenue bonds secured under the same trust indenture; provided that the trustee shall be approved by the director of finance.

(b) The trustee shall be authorized by the authority to receive and receipt for, hold, and administer the proceeds of the revenue bonds, and to apply the proceeds to the purposes for which the bonds are issued.

(c) The trustee shall also be authorized by the authority to hold and administer the reserved housing loan program revenue bond special fund established pursuant to section 206E-109, and to receive and receipt for, hold, and administer the revenues derived by the authority from the benefits of the reserved housing loan program for which the revenue bonds are issued and to apply these revenues to the payment of the cost of administering, operating, and maintaining the reserved housing loan programs, to pay the principal of and interest on these bonds, to the establishment of reserves, and to other purposes as may be authorized in the proceedings providing for the issuance of the revenue bonds.

(d) Notwithstanding section 39-68, the director of finance may appoint the trustee to serve as fiscal agent for:

(1) The payment of the principal of and interest on the revenue bonds; and

(2) The purchase, registration, transfer, exchange, and redemption of the bonds.

(e) The trustee shall perform additional functions with respect to the payment, purchase, registration, transfer, exchange, and redemption, as the director of finance may deem necessary, advisable, or expeditious, including the holding of the revenue bonds and coupons which have been paid and the supervision of the destruction thereof in accordance with law.

(f) Nothing in this part shall limit or be construed to limit the powers granted to the director of finance in sections 36-3 and 39-13, and the third sentence of section 39-68, to appoint the trustee or others as fiscal agents, paying agents and registrars for the revenue bonds or to authorize and empower those fiscal agents and registrars to perform the functions referred to in those sections. [L 1982, c 228, pt of §8]
Haw. Rev. Stat. § 201H-226 — HI Code / Division 1 / Title 13 / Chapter 201H / Section 201H-226
Annual reports.
Status: in_force

The corporation shall submit an annual report to the legislature no later than twenty days prior to the convening of each regular session describing the projects funded, a description of proposals submitted under this part and action taken on the proposals, and any barriers to developing housing units under this part. The annual report shall include the feasibility of expanding the program and the demand for residential rental projects developed under this part.
Haw. Rev. Stat. § 206-31 — HI Code / Division 1 / Title 13 / Chapter 206 / Section 206-31
Remedies of an obligee; mandamus, injunction, possessory action, receiver, accounting, etc.
Status: in_force

An obligee of the board of land and natural resources may, in addition to all other rights which may be conferred on the obligee, subject only to any contractual restrictions binding upon the obligee, and subject to the prior and superior right of others:

(1) By mandamus, suit, action, or proceeding in law, compel the board, and the members, officers, agents, or employees thereof, to perform each and every term, provision, and covenant contained in any contract of the board, and require the carrying out of any or all covenants and agreements of the board and the fulfillment of all duties imposed upon the board by this chapter;

(2) By suit, action, or proceeding in equity, enjoin any act or thing which may be unlawful, or the violation of any of the rights of the obligee of the board;

(3) By suit, action, or proceeding in any court of competent jurisdiction, cause possession of any project or any part thereof to be surrendered to any obligee having the right to such possession pursuant to any contract of the board;

(4) By suit, action, or proceeding in any court of competent jurisdiction, upon the happening of an event of default (as defined in a contract of the board), obtain the appointment of a receiver of any development project of the board or any part or parts thereof and, if the receiver be appointed, the receiver may enter and take possession of the project or any part or parts thereof and operate and maintain same, and collect and receive all revenues or other charges thereafter arising therefrom in the same manner as the board itself might do, and shall keep such moneys in a separate account or accounts and apply the same in accordance with the obligations of the board as the court shall direct;

(5) By suit, action, or proceeding in any court of competent jurisdiction, require the board and the members thereof to account as if it and they were the trustees of an express trust. [L 1961, c 6, §29; Supp, §98J-29; HRS §206-31; gen ch 1985]
Haw. Rev. Stat. § 210-4 — HI Code / Division 1 / Title 13 / Chapter 210 / Section 210-4
Functions, powers, and duties of director.
Status: in_force

In the performance of, and with respect to, the functions, powers, and duties vested in the director by this chapter, the director of business, economic development, and tourism may:

(1) Prescribe rules and regulations to carry out this chapter.

(2) Perform all functions necessary to effectuate the purposes of this chapter. [L 1963, c 76, §5; Supp, §98R-5; HRS §210-4; gen ch 1985; am L 1987, c 336, §7; am L 1990, c 293, §8]
Haw. Rev. Stat. § 201H-144 — HI Code / Division 1 / Title 13 / Chapter 201H / Section 201H-144
Housing loan programs; general powers.
Status: in_force

(a) The corporation may make, enter into, and enforce all contracts or agreements which are necessary, convenient, or desirable for the purpose of the performance of its powers under this subpart.

(b) The corporation may establish, revise, charge, and collect fees, premiums, and charges as necessary, reasonable, or convenient in connection with its housing loan programs established under this subpart. The fees, premiums, and charges shall be deposited into funds as determined by the corporation.

(c) The corporation may contract for the servicing and custody of any loans or other obligations acquired under this subpart.

(d) The corporation may procure insurance against any default of its loans from insurers in amounts deemed necessary or desirable.

(e) Subject to any agreements with the holders of its bonds, the corporation may:

(1) Renegotiate, refinance, or foreclose any loan in default;

(2) Commence any action to protect or enforce any right conferred upon it by any law, or as provided in any mortgage, insurance policy, contract, or other agreement; and

(3) Bid for and purchase the property secured by the loan at any foreclosure or other sale; or acquire, or take possession of the property secured by the loan and may operate, manage, lease, dispose of, or otherwise deal with the property securing the loan. [L 2006, c 180, pt of §4]
Haw. Rev. Stat. § 206M-6 — HI Code / Division 1 / Title 13 / Chapter 206M / Section 206M-6
Use of public lands.
Status: in_force

The governor may set aside available public lands to the development corporation for the purposes specified in this chapter; provided that the setting aside would not impair any covenant between the State or any department or board thereof and holders of any bonds issued by the State or such department or board thereof. The development corporation also may lease available state lands from the department of land and natural resources.
Haw. Rev. Stat. § 201H-4 — HI Code / Division 1 / Title 13 / Chapter 201H / Section 201H-4
General powers.
Status: in_force

(a) The corporation may:

(1) Sue and be sued;

(2) Have a seal and alter the same at pleasure;

(3) Make and execute contracts and other instruments necessary or convenient to the exercise of its powers;

(4) Adopt bylaws and rules in accordance with chapter 91 for its organization, internal management, and to carry into effect its purposes, powers, and programs; and

(5) Notwithstanding any law to the contrary, establish and collect fees for administrative expenses incurred by the corporation to process applications for loans, grants, services, and real estate documents related to the corporation's functions under this chapter.

(b) In addition to other powers conferred upon it, the corporation may do all things necessary and convenient to carry out the powers expressly provided in this chapter. [L 2005, c 196, pt of §20; am L 2006, c 180, §15; am L 2009, c 143, §2]
Haw. Rev. Stat. § 205-4.1 — HI Code / Division 1 / Title 13 / Chapter 205 / Section 205-4.1
Fees.
Status: in_force

The commission may establish reasonable fees for the filing of boundary amendment petitions and petitions for intervention to cover the cost of processing thereof and for the reproduction of maps and documents. The commission also may assess a reasonable fee or require reimbursements to be made for court reporter expenses, the inexcusable absence of a party from a boundary amendment proceeding, and any other reimbursements for hearing expenses as determined by the commission. Any fees collected shall be deposited to the credit of the general fund.
Haw. Rev. Stat. § 226-20 — HI Code / Division 1 / Title 13 / Chapter 226 / Section 226-20
Objectives and policies for socio-cultural advancement--health.
Status: in_force

(a) Planning for the State's socio-cultural advancement with regard to health shall be directed towards achievement of the following objectives:

(1) Fulfillment of basic individual health needs of the general public.

(2) Maintenance of sanitary and environmentally healthful conditions in Hawaii's communities.

(3) Elimination of health disparities by identifying and addressing social determinants of health.

(b) To achieve the health objectives, it shall be the policy of this State to:

(1) Provide adequate and accessible services and facilities for prevention and treatment of physical and mental health problems, including substance abuse.

(2) Encourage improved cooperation among public and private sectors in the provision of health care to accommodate the total health needs of individuals throughout the State.

(3) Encourage public and private efforts to develop and promote statewide and local strategies to reduce health care and related insurance costs.

(4) Foster an awareness of the need for personal health maintenance and preventive health care through education and other measures.

(5) Provide programs, services, and activities that ensure environmentally healthful and sanitary conditions.

(6) Improve the State's capabilities in preventing contamination by pesticides and other potentially hazardous substances through increased coordination, education, monitoring, and enforcement.

(7) Prioritize programs, services, interventions, and activities that address identified social determinants of health to improve native Hawaiian health and well-being consistent with the United States Congress' declaration of policy as codified in title 42 United States Code section 11702, and to reduce health disparities of disproportionately affected demographics, including native Hawaiians, other Pacific Islanders, and Filipinos. The prioritization of affected demographic groups other than native Hawaiians may be reviewed every ten years and revised based on the best available epidemiological and public health data. [L 1978, c 100, pt of §2; am L 1986, c 276, §19; am L 2014, c 155, §2]
Haw. Rev. Stat. § 206E-32 — HI Code / Division 1 / Title 13 / Chapter 206E / Section 206E-32
District; established, boundaries.
Status: in_force

The Kakaako community development district is established. The district shall include that area bounded by King Street; Piikoi Street from its intersection with King Street to Ala Moana Boulevard; Ala Moana Boulevard, inclusive, from Piikoi Street to its intersection with the Ewa boundary of Ala Moana Park also identified as the Ewa boundary of tax map key 2-3-37:01; the Ewa boundary of tax map key 2-3-37:01 from its intersection with Ala Moana Boulevard to the shoreline; the shoreline from its intersection with the property line representing the Ewa boundary of property identified by tax map key 2-3-37:01 to the property line between Pier 2 and Pier 4; the property line between Pier 2 and Pier 4 from its intersection with the shoreline to Ala Moana Boulevard; Ala Moana Boulevard from its intersection with the property line between lands identified by Pier 2 and Pier 4 to Punchbowl Street; and Punchbowl Street to its intersection with King Street; provided that the following parcels at Pier 1 and Pier 2 shall be deleted from the Kakaako community development district boundaries and conveyed to the department of land and natural resources to be set aside for the department of transportation and the foreign-trade zone division of the department of business, economic development, and tourism, to ensure continued maritime and foreign commerce use: all of lot 3 and parcels 2, 3-A, A, and B of the Forrest Avenue subdivision, as shown on the map filed with the bureau of conveyances of the State of Hawaii as file plan 2335; and lots A-1 and A-2, as shown on map 2, filed in the office of the assistant registrar of the land court of the State of Hawaii with land court application 1328; and provided further that all existing easements affecting and appurtenant to the parcels to be deleted from the Kakaako community development district boundaries shall not be affected by this change.

The district shall also include that parcel of land identified by tax map key 2-1-14:16, situated mauka of Pier 6 and Pier 7 and makai of Nimitz Highway, being the site for the existing Hawaiian Electric power plant and related facilities. [L 1976, c 153, pt of §1; am L 1982, c 228, §6; am L 1987, c 355, §2; am L 1990, c 86, §4; am L 2006, c 165, §4]
Haw. Rev. Stat. § 201H-190 — HI Code / Division 1 / Title 13 / Chapter 201H / Section 201H-190
Additional powers.
Status: in_force

The powers conferred upon the corporation by this subpart shall be in addition and supplemental to the powers conferred by any other law, and nothing in this subpart shall be construed as limiting any powers, rights, privileges, or immunities so conferred.
Haw. Rev. Stat. § 206E-36 — HI Code / Division 1 / Title 13 / Chapter 206E / Section 206E-36
[ §206E-36] REPEALED.
Status: repealed

[ §206E-36] REPEALED . L 2018, c 9, §3.
Haw. Rev. Stat. § 226-60 — HI Code / Division 1 / Title 13 / Chapter 226 / Section 226-60
[OLD] REPEALED.
Status: in_force

L 1987, c 336, §4(10).
Haw. Rev. Stat. § 209-8 — HI Code / Division 1 / Title 13 / Chapter 209 / Section 209-8
Consideration of other recoveries.
Status: in_force

In determining the eligibility of each person for every manner of assistance provided for in this chapter, the administering authorities shall consider every other type of assistance granted under the authority of this chapter, by any agency of the federal government, by the American National Red Cross, the Salvation Army, and every other manner of assistance, whether through insurance, donation or compensation from any source.
Haw. Rev. Stat. § 206E-110 — HI Code / Division 1 / Title 13 / Chapter 206E / Section 206E-110
Reserved housing loan programs; procedures and requirements.
Status: reserved

(a) The authority shall establish procedures for:

(1) The submission of requests or the invitation of proposals for loans to mortgage lenders;

(2) The purchase of existing loans by auction, invitation of tenders, or negotiation;

(3) The making of advance commitments to purchase and the purchasing of eligible loans or eligible project loans to be made by mortgage lenders by auction, invitation of tenders, or negotiation; and

(4) Loan applications made through mortgage lenders to eligible borrowers or qualified sponsors.

(b) The authority shall establish standards and requirements for:

(1) The allocation of loans to mortgage lenders;

(2) The allocation of funds to purchase existing loans from mortgage lenders;

(3) The making of advance commitments and allocation of funds to purchase eligible loans or eligible project loans from mortgage lenders; and

(4) The participation by mortgage lenders as originators and processors of eligible loans or eligible project loans on behalf of the authority.

(c) The standards and requirements for the allocation of funds to mortgage lenders adopted by the authority shall be designed to include the maximum number of qualified mortgage lenders as participants in the reserved housing loan programs.

(d) The authority may adopt rules necessary or convenient for the operation of the reserved housing loan programs under this part. [L 1982, c 228, pt of §8]
Haw. Rev. Stat. § 226-57 — HI Code / Division 1 / Title 13 / Chapter 226 / Section 226-57
Functional plans; implementation.
Status: in_force

(a) Functional plans shall be used to guide the allocation of resources for the implementation of state policies adopted by the legislature.

(b) The legislature, upon a finding of overriding statewide concern, may determine in any given instance that the site for a specific project may be other than that designated in the county general plan; provided that any proposed facility or project contained in a county general plan shall not require the actual development or implementation of that facility or project or its inclusion in any state functional plan by any state agency. The implementation of functional plans shall conform to existing laws, rules, standards, and this chapter. [L 1978, c 100, pt of §2; am L 1984, c 236, §10; am L 1987, c 336, §4(9); §226-59; ren and am L 1991, c 76, pt of §1]
Haw. Rev. Stat. § 206-38 — HI Code / Division 1 / Title 13 / Chapter 206 / Section 206-38
Governmental advances and donations.
Status: in_force

[(a)] The board of land and natural resources shall submit to the legislature at each regular session estimates of the amount of the administrative expenses and overhead of the board for the succeeding annual period for the purpose of this chapter so that the legislature may make an appropriation therefor if it deems the action advisable.

[(b)] Any political subdivision within the territorial boundaries of which a development project or projects are located or about to be located, may, from time to time, make donations or advances to the board of such sums as the political subdivision in its discretion may determine; the advances or donations shall be made for the purpose of aiding or cooperating in the construction and operation of the development project or projects. The board, when it has money available therefor, shall reimburse political subdivisions for all advances made by way of a loan to it. [L 1961, c 6, §36; Supp, §98J-36; HRS §206-38]
Haw. Rev. Stat. § 206-15 — HI Code / Division 1 / Title 13 / Chapter 206 / Section 206-15
Hearings, witnesses, etc.
Status: in_force

The board of land and natural resources may hold hearings for the purpose of receiving evidence and, in addition, may exercise all the powers set forth in section 92-16. All these hearings shall be public. The board may require such agencies, boards, or commissions as are charged with the duty of making investigations and studies of land and land uses to investigate and study such areas as it may designate and, if investigations and studies have been made, to present findings and recommendations with regard to such areas which the board may consider as possible development areas. Any of the investigations or examinations provided for in this chapter may be conducted by the board or by a committee appointed by it, or by counsel, or by an officer or employee specially authorized by the board to conduct the investigation or examination. Any committee counsel for the board, or any person designated by it to conduct an investigation or examination may administer oaths, take affidavits, and issue subpoenas or commissions.

Revision Note

Section "92‑16" substituted for "92‑12" pursuant to §23G-15.
Haw. Rev. Stat. § 226-10 — HI Code / Division 1 / Title 13 / Chapter 226 / Section 226-10
Objective and policies for the economy--potential growth and innovative activities.
Status: in_force

(a) Planning for the State's economy with regard to potential growth and innovative activities shall be directed towards achievement of the objective of development and expansion of potential growth and innovative activities that serve to increase and diversify Hawaii's economic base.

(b) To achieve the potential growth and innovative activity objective, it shall be the policy of this State to:

(1) Facilitate investment and employment growth in economic activities that have the potential to expand and diversify Hawaii's economy, including but not limited to diversified agriculture, aquaculture, renewable energy development, creative media, health care, and science and technology-based sectors;

(2) Facilitate investment in innovative activity that may pose risks or be less labor-intensive than other traditional business activity, but if successful, will generate revenue in Hawaii through the export of services or products or substitution of imported services or products;

(3) Encourage entrepreneurship in innovative activity by academic researchers and instructors who may not have the background, skill, or initial inclination to commercially exploit their discoveries or achievements;

(4) Recognize that innovative activity is not exclusively dependent upon individuals with advanced formal education, but that many self-taught, motivated individuals are able, willing, sufficiently knowledgeable, and equipped with the attitude necessary to undertake innovative activity;

(5) Increase the opportunities for investors in innovative activity and talent engaged in innovative activity to personally meet and interact at cultural, art, entertainment, culinary, athletic, or visitor-oriented events without a business focus;

(6) Expand Hawaii's capacity to attract and service international programs and activities that generate employment for Hawaii's people;

(7) Enhance and promote Hawaii's role as a center for international relations, trade, finance, services, technology, education, culture, and the arts;

(8) Accelerate research and development of new energy-related industries based on wind, solar, ocean, underground resources, and solid waste;

(9) Promote Hawaii's geographic, environmental, social, and technological advantages to attract new or innovative economic activities into the State;

(10) Provide public incentives and encourage private initiative to attract new or innovative industries that best support Hawaii's social, economic, physical, and environmental objectives;

(11) Increase research and the development of ocean-related economic activities such as mining, food production, and scientific research;

(12) Develop, promote, and support research and educational and training programs that will enhance Hawaii's ability to attract and develop economic activities of benefit to Hawaii;

(13) Foster a broader public recognition and understanding of the potential benefits of new or innovative growth-oriented industry in Hawaii;

(14) Encourage the development and implementation of joint federal and state initiatives to attract federal programs and projects that will support Hawaii's social, economic, physical, and environmental objectives;

(15) Increase research and development of businesses and services in the telecommunications and information industries;

(16) Foster the research and development of nonfossil fuel and energy efficient modes of transportation; and

(17) Recognize and promote health care and health care information technology as growth industries. [L 1978, c 100, pt of §2; am L 1986, c 276, §9; am L 1988, c 70, §6; am L Sp 1988, c 1, §5; am L 2009, c 156, §2 and c 167, §6; am L 2014, c 133, §3]
Haw. Rev. Stat. § 206M-63 — HI Code / Division 1 / Title 13 / Chapter 206M / Section 206M-63
[ §206M-63] Hydrogen investment special fund.
Status: in_force

[ §206M-63] Hydrogen investment special fund. (a) There shall be established the hydrogen investment special fund, into which shall be deposited:

(1) Appropriations made by the legislature to the fund;

(2) All contributions from public or private partners;

(3) All interest earned on or accrued to moneys deposited in the special fund; and

(4) Any other moneys made available to the special fund from other sources.

(b) Moneys in the fund shall be expended by the development corporation:

(1) To provide seed capital for and venture capital investments in private sector and federal projects for research, development, testing, and implementation of the Hawaii renewable hydrogen program, as set forth in section 196-10; and

(2) For any other purpose deemed necessary to carry out the purposes of section 196-10. [L 2019, c 56, pt of §2]
Haw. Rev. Stat. § 206E-20 — HI Code / Division 1 / Title 13 / Chapter 206E / Section 206E-20
Court proceedings; preferences; venue.
Status: in_force

(a) Any action or proceeding to which the authority, the State, or the county may be a party, in which any question arises as to the validity of this chapter, shall be brought in the circuit court of the circuit where the case or controversy arises, and shall be heard and determined in preference to all other civil cases pending therein except election cases, irrespective of position on the calendar.

(b) Upon application of counsel to the authority, the same preference shall be granted in any action or proceeding questioning the validity of this chapter in which the authority may be allowed to intervene.

(c) Any action or proceeding to which the authority, the State, or the county may be a party, in which any question arises as to the validity of this chapter or any portion of this chapter, may be filed in the circuit court of the circuit where the case or controversy arises, which court is hereby vested with original jurisdiction over the action.

(d) Notwithstanding any provision of law to the contrary, declaratory relief may be obtained for the action.

(e) Any party aggrieved by the decision of the circuit court may appeal in accordance with part I of chapter 641 and the appeal shall be given priority. [L 1976, c 153, pt of §1; am L 1985, c 37, §1; am L 2001, c 251, §6]
Haw. Rev. Stat. § 210-5 — HI Code / Division 1 / Title 13 / Chapter 210 / Section 210-5
Rules and regulations.
Status: in_force

The rules and regulations shall:

(1) Prescribe the qualifications for eligibility of applicants for loans.

(2) Establish preferences and priorities in determining eligibility for loans.

(3) Establish the conditions, consistent with the purposes of this chapter, for the granting or for the continuance of a grant of a loan.

(4) Provide for inspection, at reasonable hours, of the plant, books, and records of an enterprise which has applied for or has been granted a loan, and to require the submission of progress and final reports. [L 1963, c 76, §6; Supp, §98R-6; HRS §210-5]
Haw. Rev. Stat. § 201H-191.5 — HI Code / Division 1 / Title 13 / Chapter 201H / Section 201H-191.5
Regional state infrastructure subaccounts.
Status: in_force

(a) The corporation, upon request by a county, may establish and operate a regional state infrastructure subaccount within the dwelling unit revolving fund established pursuant to section 201H-191 for the benefit of the housing and mixed-use transit-oriented development projects within the county.

(b) Each regional state infrastructure subaccount shall consist of the following sources of revenue:

(1) Moneys received by the corporation from counties for the repayment of the loan principal and the payment of simple interest from various assessments or fees from special improvement districts, improvement districts, tax increment financing districts, community facilities districts, and other areas where property value increases are captured over periods of time for the purposes of infrastructure financing;

(2) Appropriations from the legislature;

(3) Federal grants and subsidies to the State or counties;

(4) Proceeds from bonds issued pursuant to section 201H-72(a)(2);

(5) Private investments; and

(6) Voluntary contributions.

(c) The corporation shall expend revenues in the subaccounts to make grants and loans to state agencies, and loans to counties or private developers, for the costs, in whole or in part, of infrastructure improvements that would increase the capacity of the infrastructure facilities, including regional sewer systems, water systems, drainage systems, roads, and telecommunications and broadband.

(d) Whenever the corporation undertakes, or causes to be undertaken, a regional infrastructure improvement project, the cost of providing regional infrastructure improvements may be assessed against housing and mixed-use transit-oriented development projects specially benefiting from the improvements, and the corporation shall take into consideration previous contributions by project owners to infrastructure improvements; provided that:

(1) The corporation may fix the assessments against real property specially benefited. All assessments made pursuant to this subsection shall be a statutory lien against each lot or parcel of land assessed from the date of the notice declaring the assessment until paid and the lien shall have priority over all other liens except the lien of property taxes. As between liens of assessments, the earlier lien shall be superior to the later lien;

(2) Notwithstanding any other law to the contrary, in assessing real property specially benefiting from improvements, the corporation may utilize various methods including but not limited to:

(A) Assessment on a frontage basis;

(B) According to the area of real property for housing and mixed-use transit-oriented development projects;

(C) According to the area of real property within an assessment area;

(D) Any other assessment method that assesses the real property according to the special benefit conferred; or

(E) Any combination thereof;

(3) The assessments made under this subsection shall not apply to projects within the stadium development district as established pursuant to section 206E-223;

(4) The corporation shall adopt rules pursuant to chapter 91, providing for the method of assessment of real properties specially benefited; and

(5) All sums collected under this subsection shall be deposited in the dwelling unit revolving fund established pursuant to section 201H-191.

(e) Grants and loans shall be made only for capital improvement projects approved by the respective county council and mayor, or state agency, as applicable, with a view towards planned growth rather than upkeep and maintenance. The Hawaii interagency council for transit-oriented development shall review and make recommendations on applications for subaccount funds for infrastructure projects related to transit-oriented development.

(f) Eligible costs shall include those for planning, design, feasibility studies, construction, and materials. No grant or loan shall be made:

(1) For maintenance or repair costs unless the construction would simultaneously increase the carrying capacity of the infrastructure facility; or

(2) Solely for mass transit or electrical utilities.

(g) The corporation may also expend revenues in the subaccounts to repay:

(1) Holders of bonds issued pursuant to section 201H-72(a)(2); and

(2) Private investors for their investment plus any interest accrued on their investments made into the subaccounts to finance, in whole or in part, infrastructure improvements that would increase the capacity of the infrastructure facilities, including regional sewer systems, water systems, drainage systems, roads, and telecommunications and broadband.

(h) The corporation may accept improved land from the counties or private developers in repayment of their loans.

(i) The corporation shall adopt rules in accordance with chapter 91 for the purposes of this section. [L 2016, c 132, §2; am L 2021, c 95, §1; am L 2024, c 34, §3]
Haw. Rev. Stat. § 206-17 — HI Code / Division 1 / Title 13 / Chapter 206 / Section 206-17
Additional powers.
Status: in_force

The board of land and natural resources, in addition to its powers and notwithstanding anything to the contrary contained in this chapter or in any other provision of law, may:

(1) Agree to any conditions attached to federal financial assistance relating to the determination of prevailing salaries or wages or payment of not less than prevailing salaries or wages or compliance with labor standards, in the development or administration of projects, and include in any construction contract, let in connection with a project, stipulations requiring that the contractor and any subcontractors comply with requirements as to minimum salaries or wages and maximum hours of labor, and comply with any conditions which the federal government may attach to its financial aid of the projects;

(2) Procure or agree to the procurement of insurance or guarantees from a government for the payment of any debts, or parts thereof, incurred by the board, including the payment of premiums on any insurance;

(3) Purchase its bonds at a price not more than the principal amount thereof and accrued interest, and all bonds so purchased shall be canceled. [L 1961, c 6, §15; Supp, §98J-15; HRS §206-17]
Haw. Rev. Stat. § 206M-69 — HI Code / Division 1 / Title 13 / Chapter 206M / Section 206M-69
[ §206M-69] Private sector financial support.
Status: in_force

[ §206M-69] Private sector financial support. Significant private sector financial support shall be associated with any economic development project for which the development corporation provides assistance under this part.
Haw. Rev. Stat. § 201H-13 — HI Code / Division 1 / Title 13 / Chapter 201H / Section 201H-13
Eminent domain, exchange or use of public property.
Status: in_force

[(a)] The corporation may acquire any real property, including fixtures and improvements, or interest therein: through voluntary negotiation; through exchange of land in accordance with section 171-50, provided that the public land to be exchanged need not be of like use to that of the private land; or by the exercise of the power of eminent domain which it deems necessary by the adoption of a resolution declaring that the acquisition of the property described therein is in the public interest and required for public use. The corporation shall exercise the power of eminent domain granted by this section in the same manner and procedure as is provided by chapter 101 and otherwise in accordance with all applicable provisions of the general laws of the State; provided that condemnation of parcels greater than fifteen acres shall be subject to legislative disapproval expressed in a concurrent resolution adopted by majority vote of the senate and the house of representatives in the first regular or special session following the date of condemnation.

[(b)] The corporation may acquire by the exercise of the power of eminent domain property already devoted to a public use; provided that no property belonging to any government may be acquired without its consent, and that no property belonging to a public utility corporation may be acquired without the approval of the public utilities commission, and subject to legislative disapproval expressed in a concurrent resolution adopted by majority vote of the senate and the house of representatives in the first regular or special session following the date of condemnation. [L 2005, c 196, pt of §20; am L 2006, c 180, §15]
Haw. Rev. Stat. § 210-6 — HI Code / Division 1 / Title 13 / Chapter 210 / Section 210-6
Direct loans, terms, and restrictions.
Status: in_force

(a) The department of business, economic development, and tourism may make loans to small business concerns for the financing of plant construction, conversion, expansion, the acquisition of land for expansion, the acquisition of equipment, machinery, supplies, or materials, or for the supplying of working capital. The department may also make loans to assist businesses located in communities near military installations to develop infrastructure to minimize the possibility of or assist in the mitigation of the adverse effects of the closure or reduction in capacity of a military installation. The loans may be made in conjunction with loans made by other financial institutions, including the Small Business Administration. Where the loans made by the department are secured, the security may be subordinated to the loans made by other financial institutions, when the subordination is required to obtain loans from such institutions. The necessity for and the extent of security required in any loan shall be determined by the director of business, economic development, and tourism.

(b) The department may make loans to business concerns located in a county with a population of less than 150,000; provided that the interest on loans made under this subsection shall bear simple interest at the rate of three per cent below the prime rate or at a rate of five and one-half per cent a year, whichever is lower. For purposes of this subsection, the prime rate shall be determined on the first day of each month, and shall be the rate charged by the two largest banks in the State of Hawaii identified by the department of commerce and consumer affairs. Should there be a difference in rate charged by the institutions, the lower of the two shall be used. Payments required under loans made under this subsection may be deferred, but no loans made under this subsection shall be forgiven.

(c) Except as may be expressly provided otherwise for loans made under subsection (b), the foregoing powers shall be subject to the following restrictions and limitations:

(1) No loans shall be granted unless financial assistance is not available to the applicant. The condition may be waived by the director for participation loans or loan guarantees with a private financial institution;

(2) The amount of the loan or loans to any one applicant at any one time shall in no case exceed a total of $1,000,000;

(3) No loan shall be made for a term exceeding twenty years;

(4) Within counties of a population exceeding 150,000, each loan shall bear simple interest at a rate of one per cent below the prime rate or at a rate of seven and one-half per cent a year, whichever is lower. For purposes of this paragraph, the prime rate shall be determined on the first day of each month, and shall be the rate charged by the two largest banks in the State identified by the department of commerce and consumer affairs. Should there be a difference in rate charged by the institutions, the lower of the two shall be used;

(5) The commencement date for the repayment of the first installment on the principal of each loan may be deferred by the director, but in no event shall such initial payment be deferred in excess of five years; and

(6) The payment of interest on the principal of a loan may be deferred by the director, but in no event shall interest payments be deferred in excess of two years from the date of issuance of the loan.

(d) Except as may be expressly provided otherwise for loans made under subsection (b), any restriction or limitation in subsection (c) may be waived at the director's discretion where the applicant is a reuse or recycling business that meets the following criteria:

(1) The business has potential to have an impact on overall solid waste reduction and achievement of the State's reduction goals;

(2) The business addresses the alternative management of wastes identified by the solid waste disposal facility operators as problematic;

(3) The business maximizes economic benefits through import reduction or an increase in the tax base;

(4) The business has potential for job creation; and

(5) The business has a plan that accurately reflects detailed and justifiable expenses and revenues, shows potential for profit, and an ability to meet market demand for end products.

(e) The department may contract with any financial institution for services including servicing or administering loans pursuant to this section.

(f) For purposes of this section, "financial institution" means any organization authorized to do business under state or federal laws relating to financial institutions, including without limitation, banks, savings banks, savings and loan companies or associations, financial services loan companies, and credit unions. [L 1963, c 76, §7; am L 1964, c 42, §4; Supp, §98R-7; HRS §210-6; am L 1976, c 121, §1; am L 1979, c 134, §1; am L 1984, c 92, §1; am L 1986, c 257, §1; am L 1987, c 243, §1 and c 336, §7; am L 1988, c 152, §2; am L 1990, c 293, §8; am L 1994, c 202, §8; am L 1996, c 311, §§2, 4; am L 1998, c 104, §§4, 6 and c 118, §§7, 9, 11; am L 1999, c 113, §§2 to 5; am L 2002, c 95, §2; am L 2004, c 229, §2]
Haw. Rev. Stat. § 206M-75 — HI Code / Division 1 / Title 13 / Chapter 206M / Section 206M-75
[ §206M-75] Seed capital investments.
Status: in_force

[ §206M-75] Seed capital investments. Subject to this subpart, the development corporation may invest in:

(1) A certified development company under sections 501 to 503 of the Small Business Investment Act of 1958 (15 U.S.C. 695 to 697) and the regulations adopted under those sections;

(2) A small business investment company under the Small Business Investment Act (15 U.S.C. 631 to 634, 636 to 649) and the regulations adopted under those sections;

(3) A minority enterprise small business investment corporation or equivalent venture capital corporation;

(4) A similar entity that may leverage its capital under a federal program; or

(5) A seed capital fund or partnership. [L 2019, c 56, pt of §2]
Haw. Rev. Stat. § 202-5 — HI Code / Division 1 / Title 13 / Chapter 202 / Section 202-5
Organizational relationships.
Status: in_force

The workforce development council is placed within the department of labor and industrial relations for administrative purposes and shall act in an advisory capacity to the governor.
Haw. Rev. Stat. § 226-18.5 — HI Code / Division 1 / Title 13 / Chapter 226 / Section 226-18.5
Objectives and policies for facility systems--telecommunications.
Status: in_force

(a) Planning for the State's telecommunications facility systems shall be directed towards the achievement of dependable, efficient, and economical statewide telecommunications systems capable of supporting the needs of the people.

(b) To achieve the telecommunications objective, it shall be the policy of this State to ensure the provision of adequate, reasonably priced, and dependable telecommunications services to accommodate demand.

(c) To further achieve the telecommunications objective, it shall be the policy of this State to:

(1) Facilitate research and development of telecommunications systems and resources;

(2) Encourage public and private sector efforts to develop means for adequate, ongoing telecommunications planning;

(3) Promote efficient management and use of existing telecommunications systems and services; and

(4) Facilitate the development of education and training of telecommunications personnel. [L 1994, c 96, §2]
Haw. Rev. Stat. § 206E-108 — HI Code / Division 1 / Title 13 / Chapter 206E / Section 206E-108
Trust indenture.
Status: reserved

(a) A trust indenture may contain covenants and provisions authorized by part III of chapter 39, and as deemed necessary or convenient by the authority for the purposes of this part.

(b) A trust indenture may allow the authority to pledge and assign to the trustee loans and other agreements related to the reserved housing loan programs, and the rights of the authority thereunder, including the right to receive revenues thereunder and to enforce the provision thereof.

(c) Where a trust indenture provides that any revenue bond issued under that trust indenture is not valid or obligatory for any purpose unless certified or authenticated by the trustee, all signatures of the officers of the State upon the revenue bonds required by section 39-56 may be facsimiles of their signatures.

(d) A trust indenture shall also contain provisions as to:

(1) The investment of the proceeds of the revenue bonds, the investment of any reserve for the bonds, the investment of the revenues of the reserved housing loan programs, and the use and application of the earnings from investments; and

(2) The terms and conditions upon which the holders of the revenue bonds or any portion of them or any trustee thereof may institute proceedings for the foreclosure of any loan or other agreement or any note or other undertaking, obligation or property securing the payment of the bonds and the use and application of the moneys derived from the foreclosure.

(e) A trust indenture may also contain provisions deemed necessary or desirable by the authority to obtain or permit, by grant, interest subsidy, or otherwise, the participation of the federal government in the reserved housing loan programs or in the financing of the costs of administering, operating, or maintaining such reserved housing loan programs. [L 1982, c 228, pt of §8]

Revision Note

Section "39‑56" substituted for "39‑64" pursuant to §23G-15.
Haw. Rev. Stat. § 206J-16 — HI Code / Division 1 / Title 13 / Chapter 206J / Section 206J-16
Exemption from taxation of development corporation.
Status: in_force

All revenues derived by the development corporation from any project or under a lease or other agreement pertaining thereto shall be exempt from all state and county taxation. Any right, title, and interest of the development corporation in any project shall also be exempt from all state and county taxation. Except as otherwise provided by law, the interest of a qualified person or other user of a project under a lease or other agreements related to a project shall not be exempt from taxation to a greater extent than it would be if the costs of the project were directly financed by the qualified person or other user.
Haw. Rev. Stat. § 201H-18 — HI Code / Division 1 / Title 13 / Chapter 201H / Section 201H-18
Public works contracts.
Status: in_force

The corporation may make, execute, and carry out contracts for, or in connection with, any housing project in the manner provided under chapter 103D and section 103-53; provided that with regard to the contracts, the term "officers", as used in chapter 103D, shall mean the corporation or officer authorized by the corporation to act as its contracting officer. Unless made and executed in the name of the State, each contract made and executed as authorized in this section shall state therein that it is so made and executed.
Haw. Rev. Stat. § 201B-8.5 — HI Code / Division 1 / Title 13 / Chapter 201B / Section 201B-8.5
§ §201B-8.
Status: repealed

§ §201B-8.5 and 201B-8.6 REPEALED. L 2015, c 121, §§8, 9.
Haw. Rev. Stat. § 201H-126 — HI Code / Division 1 / Title 13 / Chapter 201H / Section 201H-126
Benefits of program not exclusive.
Status: in_force

Nothing in this subpart shall be construed to prohibit, with respect to an eligible project, the operation of the rental assistance program in conjunction with other state or federal programs including the state rent supplements provided for in part VIII of chapter 356D.
Haw. Rev. Stat. § 206M-70 — HI Code / Division 1 / Title 13 / Chapter 206M / Section 206M-70
[ §206M-70] Limitations on debt owed to the development corporation.
Status: in_force

[ §206M-70] Limitations on debt owed to the development corporation. Not more than $5,000,000 in financial assistance, excluding rights and royalties under a venture capital agreement, shall be provided to any one enterprise at any time under this part. The direct investments of the development corporation shall not exceed five per cent of the assets of the development corporation, excluding rights and royalties under a venture capital agreement; provided that by a two-thirds vote of the board, this amount may be increased to a limit of twenty-five per cent of the total assets of the development corporation.
Haw. Rev. Stat. § 206-5 — HI Code / Division 1 / Title 13 / Chapter 206 / Section 206-5
Declaration of development areas.
Status: in_force

(a) Whenever the board of land and natural resources, after due notice and public hearing, finds that an acute shortage of residential fee simple property exists in any locality on the island of Oahu and that the shortage of residential fee simple holdings cannot practicably be alleviated within the reasonably near future by means other than those provided under this chapter, the board may declare a suitable area, not less than ten contiguous acres in extent, as a development area. The development area shall be reasonably accessible to persons in the locality and shall consist of lands suitable for a development project. The time and place of the public hearing shall be given by public notice in the city and county of Honolulu on at least three different days, the last notice being not less than five days before the date of the hearing. Any finding of fact by the board, if supported by a preponderance of evidence, shall be conclusive in any suit, action, or proceeding.

(b) All development areas shall be compatible with any general plan for the long-range development of land in the political subdivision concerned under the terms of chapter 225M and shall conform to and with all subdivision and zoning ordinances and requirements of the political subdivision. [L 1961, c 6, §6; am L 1965, c 157, §1; Supp, §98J-6; HRS §206-5; am L 1998, c 2, §63; am L 2018, c 18, §7]
Haw. Rev. Stat. § 205-43 — HI Code / Division 1 / Title 13 / Chapter 205 / Section 205-43
Important agricultural lands; policies.
Status: in_force

State and county agricultural policies, tax policies, land use plans, ordinances, and rules shall promote the long-term viability of agricultural use of important agricultural lands and shall be consistent with and implement the following policies:

(1) Promote the retention of important agricultural lands in blocks of contiguous, intact, and functional land units large enough to allow flexibility in agricultural production and management;

(2) Discourage the fragmentation of important agricultural lands and the conversion of these lands to nonagricultural uses;

(3) Direct nonagricultural uses and activities from important agricultural lands to other areas and ensure that uses on important agricultural lands are actually agricultural uses;

(4) Limit physical improvements on important agricultural lands to maintain affordability of these lands for agricultural purposes;

(5) Provide a basic level of infrastructure and services on important agricultural lands limited to the minimum necessary to support agricultural uses and activities;

(6) Facilitate the long-term dedication of important agricultural lands for future agricultural use through the use of incentives;

(7) Facilitate the access of farmers to important agricultural lands for long-term viable agricultural use; and

(8) Promote the maintenance of essential agricultural infrastructure systems, including irrigation systems. [L 2005, c 183, pt of §2]
Haw. Rev. Stat. § 205-48 — HI Code / Division 1 / Title 13 / Chapter 205 / Section 205-48
Receipt of maps of eligible important agricultural lands; land use commission.
Status: in_force

(a) The land use commission shall receive the county recommendations and maps delineating those lands eligible to be designated important agricultural lands no sooner than the effective date of the legislative enactment of protection and incentive measures for important agricultural lands and agricultural viability, as provided in section 9 of Act 183, Session Laws of Hawaii 2005.

(b) The department of agriculture and biosecurity and the office of planning and sustainable development shall review the county report and recommendations and provide comments to the land use commission within forty-five days of the receipt of the report and maps by the land use commission. The land use commission may also consult with the department of agriculture and biosecurity and the office of planning and sustainable development as needed.

(c) State agency review shall be based on an evaluation of the degree that the:

(1) County recommendations result in an identified resource base that meets the definition of important agricultural land and the objectives and policies for important agricultural lands in sections 205-42 and 205-43; and

(2) County has met the minimum standards and criteria for the identification and mapping process in sections 205-44 and 205-47. [L 2005, c 183, pt of §2; am L 2021, c 153, §8 ; am L 2025, c 236, §17]
Haw. Rev. Stat. § 209-28 — HI Code / Division 1 / Title 13 / Chapter 209 / Section 209-28
Purpose of loans.
Status: in_force

(a) Commercial loans may be made for the following purposes: to purchase inventory, equipment, and machinery; to construct, repair, or restore buildings; to provide operating funds; and to refinance outstanding business loans on equipment and buildings; provided that the loans shall be used to rehabilitate the business of the disaster victim as nearly as possible to its predisaster level; and provided further that the loans shall not be used to begin a business substantially different from the one the disaster victim was engaged in before the state disaster. Business concerns which were nonowners of buildings before the state disaster shall not be precluded from obtaining building loans under this part.

(b) Personal loans may be made for the purpose of meeting necessary expenses or to satisfy serious needs of individuals and families including reciprocal beneficiaries which arose as an immediate and direct result of a disaster. [L 1961, c 189, §14; Supp, §98P-14; HRS §209-28; am L 1976, c 205, §1(2); am L 1997, c 383, §37]
Haw. Rev. Stat. § 206E-16.5 — HI Code / Division 1 / Title 13 / Chapter 206E / Section 206E-16.5
Expenditures of special funds under the authority exempt from appropriation and allotment.
Status: in_force

Except as to administrative expenditures, and except as otherwise provided by law, expenditures from any special fund administered by the authority may be made by the authority without appropriation or allotment of the legislature; provided that no expenditure shall be made from and no obligation shall be incurred against any special fund in excess of the amount standing to the credit of the fund or for any purpose for which the fund may not lawfully be expended. Nothing in sections 37-31 to 37-41 shall require the proceeds of any special fund administered by the authority to be reappropriated annually. [L Sp 1995, c 11, §4; am L Sp 2021, c 9, §24]
Haw. Rev. Stat. § 206-19 — HI Code / Division 1 / Title 13 / Chapter 206 / Section 206-19
Eminent domain.
Status: in_force

The board of land and natural resources may acquire, by the exercise of the power of eminent domain, the real property or interest in real property authorized to be acquired by section 206-6, after the adoption of a resolution declaring that the acquisition of the property described in the resolution is in the public interest and necessary for a development project within a development area. The board may exercise the power of eminent domain in the same manner and procedures provided in chapter 101, and otherwise in accordance with all applicable provisions of the general laws of the State.
Haw. Rev. Stat. § 201H-34.5 — HI Code / Division 1 / Title 13 / Chapter 201H / Section 201H-34.5
Authority to modify and amend development agreements with eligible developers.
Status: in_force

The corporation is authorized to amend, delete, restate, and otherwise modify the terms, conditions, plans, specifications, and all other matters relating, directly or indirectly, to any housing project that was previously approved by the corporation, including the terms, covenants, and conditions of any development agreement for a housing project between the corporation and an eligible developer.
Haw. Rev. Stat. § 205A-4 — HI Code / Division 1 / Title 13 / Chapter 205A / Section 205A-4
Implementation of objectives, policies, and guidelines.
Status: in_force

(a) In implementing the objectives of the coastal zone management program, the agencies shall give full consideration to ecological, cultural, historic, esthetic, recreational, scenic, and open space values, and coastal hazards, as well as to needs for economic development.

(b) The objectives and policies of this chapter and any guidelines enacted by the legislature shall be binding upon actions within the coastal zone management area by all agencies, within the scope of their authority. [L 1977, c 188, pt of §3; am L 1979, c 200, §3; am L 1989, c 356, §6]
Haw. Rev. Stat. § 201H-96 — HI Code / Division 1 / Title 13 / Chapter 201H / Section 201H-96
Eligible improvement loans.
Status: in_force

(a) The corporation shall establish requirements for property financed by an eligible improvement loan, and may consider the location, age, condition, value, and other characteristics of the property.

(b) The corporation shall establish restrictions on the terms, maturities, interest rates, collateral, and other requirements for eligible improvement loans.

(c) All eligible improvement loans made shall comply with applicable state and federal laws. [L 2006, c 180, pt of §4]
Haw. Rev. Stat. § 206J-3 — HI Code / Division 1 / Title 13 / Chapter 206J / Section 206J-3
Aloha Tower complex; designated boundaries.
Status: in_force

The Aloha Tower complex is established. The complex shall include the area bounded by Nimitz Highway beginning at its intersection with the Diamond Head boundary of tax map key 2-1-13:7 north along Nimitz Highway to its intersection at Pier 11 and Nimitz Highway; southwest along the face of Piers 10 and 11; southeast along the face of Pier 9; northeast along the face of Pier 8; southeast parallel along the revetment of Ala Moana Boulevard and to include Pier 7; southwest along Pier 6 and its shoreline and around to Pier 5 and its shoreline; northeast to Ala Moana Boulevard; north along Nimitz Highway to its intersection with Richards Street; southwest along Richards Street to its intersection with Ala Moana Boulevard; northwest along Ala Moana Boulevard to its intersection with the Ewa boundary of tax map key 2-1-14:6; northeast along the Ewa boundary of tax map key 2-1-14:6 to its Ewa mauka corner; and northwest across Bishop Street to the point of beginning at the intersection of the Diamond Head boundary of tax map key 2-1-13:7 and Nimitz Highway.
Haw. Rev. Stat. § 201H-222 — HI Code / Division 1 / Title 13 / Chapter 201H / Section 201H-222
Definitions.
Status: in_force

As used in this part, unless the context otherwise requires:

"Mixed-use project" means a mixed-use development as defined in section 201H-12(a).

"Project" means a specific work or improvement, including real and personal properties, or any interest therein, acquired, owned, constructed, reconstructed, rehabilitated, or improved by the corporation, including a commercial project, redevelopment project, residential project, or mixed-use project.

"Transit-oriented development site" means non-ceded state-owned lands within a one-mile radius of a planned or existing station connected to a locally preferred alternative for a mass transit project. [L 2025, c 166, pt of §2]
Haw. Rev. Stat. § 201H-122 — HI Code / Division 1 / Title 13 / Chapter 201H / Section 201H-122
Definitions.
Status: in_force

The following terms as used in this subpart shall have the following meanings unless a different meaning clearly appears from the context:

"Eligible project" means a rental housing project that:

(1) Is financed by the corporation pursuant to subpart B or D, or that the corporation determines will require rental assistance to make it financially feasible;

(2) Is subject to a regulatory agreement with the corporation;

(3) Maintains at least twenty per cent of its units for eligible tenants; and

(4) Meets other qualifications as established by rules adopted by the corporation.

Notwithstanding any provision to the contrary, "eligible project" may also include a rental housing project that is financed by the corporation pursuant to subpart A.

"Eligible tenant" means a family or an individual whose income does not exceed eighty per cent of the area median income as determined by the United States Department of Housing and Urban Development.

"Owner" means the owner of an eligible project.

"Regulatory agreement" means an agreement between the corporation and the owner relating to an eligible project that includes provisions relating to rents, charges, profits, return on owner's equity, development costs, and methods of operation.

"Rental assistance contract" means an agreement between an owner and the corporation providing for periodic rental assistance payment for units in an eligible project. [L 2006, c 180, pt of §4]
Haw. Rev. Stat. § 206-14 — HI Code / Division 1 / Title 13 / Chapter 206 / Section 206-14
Cooperative agreements with other government agencies.
Status: in_force

The board of land and natural resources may obtain the aid and cooperation of governments in the planning, construction, and operation of development projects and enter into such agreements and arrangements as it deems advisable to obtain such aid and cooperation; arrange or enter into agreements with any government for the acquisition by the government of property, options, or property rights, or for the furnishing, installing, opening, or closing of streets, roads, alleys, sidewalks, or other places, or for the furnishing of property services, parks, sewage, water, and other facilities in connection with development projects, or for the changing of the map of a political subdivision, or for the planning, replanning, zoning, or rezoning of any part of the land included in a development project.
Haw. Rev. Stat. § 225P-7 — HI Code / Division 1 / Title 13 / Chapter 225P / Section 225P-7
[ §225P-7] Climate change mitigation.
Status: in_force

[ §225P-7] Climate change mitigation. (a) It shall be the goal of the State to reduce emissions that cause climate change and build energy efficiencies across all sectors, including decarbonizing the transportation sector.

(b) State agencies shall manage their fleets to achieve the clean ground transportation goals defined in section 196-9(c)(10) and decarbonization goals established pursuant to chapter 225P. [L 2021, c 74, §2]
Haw. Rev. Stat. § 206M-85 — HI Code / Division 1 / Title 13 / Chapter 206M / Section 206M-85
[ §206M-85] Establishment of special funds to secure loan insurance obligations; source of funds.
Status: in_force

[ §206M-85] Establishment of special funds to secure loan insurance obligations; source of funds. The development corporation may establish a special fund or funds for capital access into which fees or premiums collected by the development corporation are deposited.
Haw. Rev. Stat. § 206M-44 — HI Code / Division 1 / Title 13 / Chapter 206M / Section 206M-44
Special facility lease.
Status: in_force

(a) In addition to the conditions and terms set forth in this part, any special facility lease entered into by the development corporation shall at least contain provisions obligating the other party to the special facility lease:

(1) To pay to the development corporation during the initial term of the special facility lease, whether the special facility is capable of being used or occupied or is being used or occupied by the other party, a rental or rentals at the time or times and in the amount or amounts that will be sufficient to:

(A) Pay the principal and interest on all special facility revenue bonds issued for the special facility;

(B) Establish or maintain any reserves for these payments; and

(C) Pay all fees and expenses of the trustees, paying agents, transfer agents, and other fiscal agents for the special facility revenue bonds issued for the special facility;

(2) To pay to the development corporation:

(A) A ground rental, equal to the fair market rental of the land, if the land on which the special facility is located was not acquired from the proceeds of the special facility revenue bonds; or

(B) A properly allocable share of the administrative costs of the development corporation in carrying out the special facility lease and administering the special facility revenue bonds issued for the special facility if the land was acquired from the proceeds of the special facility revenue bonds;

(3) To either operate, maintain, and repair the special facility and pay the costs thereof or to pay to the development corporation all costs of operation, maintenance, and repair of the special facility;

(4) To:

(A) Insure, or cause to be insured, the special facility under builder's risk insurance (or similar insurance) in the amount of the cost of construction of the special facility to be financed from the proceeds of the special facility revenue bonds;

(B) Procure and maintain, or cause to be procured or maintained, to the extent commercially available, a comprehensive insurance policy providing protection and insuring the development corporation and its officers, agents, servants, and employees (and so long as special facility revenue bonds are outstanding, the trustee) against all direct or contingent loss or liability for damages for personal injury or death or damage to property, including loss of use thereof, occurring on or in any way related to the special facility or occasioned by reason of occupancy by and the operations of the other person upon, in and around the special facility;

(C) Provide all risk casualty insurance, including insurance against loss or damage by fire, lightning, flood, earthquake, typhoon, or hurricane, with standard extended coverage and standard vandalism and other malicious mischief endorsements; and

(D) Provide insurance for workers' compensation and employers' liability for personal injury or death or damage to property (the other party may self-insure for workers' compensation if permitted by law); provided that all policies with respect to loss or damage of property including fire or other casualty and extended coverage and builder's risk shall provide for payments of the losses to the development corporation, the other party or the trustee for the special facility revenue bonds as their respective interests may appear; and provided further that the insurance may be procured and maintained as part of or in conjunction with other policies carried by the other party; and provided further that the insurance shall name the development corporation, and so long as any special facility revenue bonds are outstanding, the trustee, as additional insured; and

(5) Indemnify, save, and hold the development corporation, the trustee, and their respective agents, officers, members, and employees harmless from and against all claims and actions and all costs and expenses incidental to the investigation and defense thereof, by or on behalf of any person, firm, or corporation, based upon or arising out of the special facility or the other party's use and occupancy thereof, including, without limitation, from and against all claims and actions based upon and arising from any:

(A) Condition of the special facility;

(B) Breach or default on the part of the other party in the performance of any of the party's obligations under the special facility lease;

(C) Fault or act of negligence of the other party or the party's agents, contractors, servants, employees, or licensees; or

(D) Accident to or injury or death of any person or loss of or damage to any property occurring in or about the special facility, including any claims or actions based upon or arising by reason of the negligence or any act of the other party.

Any moneys received by the development corporation pursuant to paragraphs (2) and (3) shall be paid into the technology special fund and shall not be nor be deemed to be revenues of the special facility.

(b) The term and all renewals and extensions of the term of any special facility lease (including any amendments or supplements thereto) shall not extend beyond the lesser of the reasonable life of the special facility that is the subject of the special facility lease, as estimated by the development corporation at the time of the entering into thereof, or thirty years.

(c) Any special facility lease entered into by the development corporation shall be subject to chapter 171 and shall contain other terms and conditions that the development corporation deems advisable to effectuate the purposes of this part. [L 2000, c 72, pt of §1; am L 2017, c 69, §5]
Haw. Rev. Stat. § 201H-98 — HI Code / Division 1 / Title 13 / Chapter 201H / Section 201H-98
Housing loan programs; general powers.
Status: in_force

(a) The corporation may make, enter into, and enforce all contracts or agreements that are necessary, convenient, or desirable in the performance of its duties in executing the housing loan programs.

(b) The corporation may require representations and warranties as it determines necessary to secure its loans. [L 2006, c 180, pt of §4]
Haw. Rev. Stat. § 226-56 — HI Code / Division 1 / Title 13 / Chapter 226 / Section 226-56
Functional plans; form and submittal.
Status: in_force

(a) Functional plans shall be prepared to further define and implement statewide goals, objectives, policies, and priority guidelines contained in this chapter.

(b) Functional plans shall be prepared and revised in accordance with guidelines developed by the office of planning and sustainable development.

(c) The governor shall transmit approved state functional plans to the legislature for its information. [L 1978, c 100, pt of §2; am L 1980, c 225, §3; am L 1984, c 236, §9; am L 1987, c 336, §4(8); §226-58; ren and am L 1991, c 76, pt of §1; am L 2001, c 59, §2; am L 2021, c 153, §8]
Haw. Rev. Stat. § 206E-10 — HI Code / Division 1 / Title 13 / Chapter 206E / Section 206E-10
Condemnation of real property.
Status: in_force

The authority upon making a finding that it is necessary to acquire any real property for its immediate or future use for the purposes of this chapter, may acquire the property by condemnation pursuant to chapter 101, including property already devoted to a public use. Such property shall not thereafter be taken for any other public use without the consent of the authority. No award of compensation shall be increased by reason of any increase in the value of real property caused by the designation of a community development district or plan adopted pursuant to a designation, or the actual or proposed acquisition, use or disposition of any other real property by the authority.
Haw. Rev. Stat. § 206-27 — HI Code / Division 1 / Title 13 / Chapter 206 / Section 206-27
Bonds.
Status: in_force

[(a)] The board of land and natural resources may issue revenue bonds, and also refunding bonds for the purpose of paying or retiring bonds previously issued, from time to time, in such amounts as it may deem advisable for the purpose of this chapter. The board may issue such types of bonds as it may determine, including bonds on which the principal and interest are payable:

(1) Exclusively from the income and revenues of the development project financed with the proceeds of the bonds or with the proceeds together with a grant from the federal government in aid of the project; or

(2) Exclusively from the income and revenues of certain designated development projects, whether or not they were financed in whole or in part with the proceeds of such bonds. Any such bonds may be additionally secured by a pledge of any revenues of any project or projects.

[(b)] Neither the members of the board nor any person executing the bonds shall be liable personally on the bonds by reason of the issuance thereof. [L 1961, c 6, §25; Supp, §98J-25; HRS §206-27]
Haw. Rev. Stat. § 206M-82 — HI Code / Division 1 / Title 13 / Chapter 206M / Section 206M-82
[ §206M-82] Purposes and priorities required in the procuring of insurance, loan guarantees, or letters of credit.
Status: in_force

[ §206M-82] Purposes and priorities required in the procuring of insurance, loan guarantees, or letters of credit. (a) Insurance, guarantees, or letters of credit procured pursuant to section 206M-81 shall be procured only for economic development projects within the State that are consistent with the purposes and objectives of this part.

(b) The development corporation shall give paramount priority in procuring insurance, guarantees, and letters of credit to economic development projects that have the greatest potential for creating new jobs or retaining current jobs within the State. [L 2019, c 56, pt of §2]
Haw. Rev. Stat. § 206E-12 — HI Code / Division 1 / Title 13 / Chapter 206E / Section 206E-12
Dedication for public facilities as condition to development.
Status: in_force

The authority shall establish rules requiring dedication for public facilities of land or facilities, or cash payments in lieu thereof, by developers as a condition of developing real property pursuant to the community development plan. Where state and county public facilities dedication laws, ordinances, or rules differ, the provision for greater dedication shall prevail.
Haw. Rev. Stat. § 201C-2 — HI Code / Division 1 / Title 13 / Chapter 201C / Section 201C-2
Establishment.
Status: in_force

The department of business, economic development, and tourism shall establish a financial services assistance program for the purpose of promoting the growth and development of a financial services industry and other support services including the telecommunications infrastructure. The department may also hire contractors and consultants to effectuate the purpose of this chapter.

Revision Note

"Chapter" substituted for "Act" pursuant to §23G-15.
Haw. Rev. Stat. § 201M-3 — HI Code / Division 1 / Title 13 / Chapter 201M / Section 201M-3
Small business statement after public hearing.
Status: in_force

(a) For any proposed rule that affects small business, the agency shall also submit a small business statement to the small business regulatory review board and the departmental advisory committee on small business after the public hearing is held. This section shall not apply to emergency rules. The small business statement required by this section shall provide the following information:

(1) A description of how opinions or comments from affected small business were solicited, a summary of the public and small business comments, and a summary of the agency's response to those com­ments;

(2) The number of persons who:

(A) Attended the public hearing;

(B) Testified at the hearing; and

(C) Submitted written comments; and

(3) If there was a request to change the proposed rule at the hearing in a way that affected small business, a statement of the reasons for adopting the proposed rule, the reason why a requested change was not made, and the problems or negative result the change would provide if adopted.

(b) If the small business regulatory review board finds that a statement provided pursuant to subsection (a)(3):

(1) Indicates inconsistency with any of the agency's determinations under section 201M-2(b); or

(2) Does not address the concerns of public input,

the board with good cause may request a written response from the agency explaining the rationale used to deny the public concerns within ten working days of receipt of the small business statement after public hearing. The agency shall respond in writing to the board's concerns within ten working days.

(c) The written response from an agency required in subsection (b), at a minimum, shall:

(1) Specifically address each issue and concern raised in the board's request for a written response; and

(2) Affirmatively state that the agency has considered all written and oral testimony received at the agency's public hearing and has addressed all issues or concerns raised in the written and oral testimony. [L 1998, c 168, pt of §2, §5; am L 2002, c 202, §5; am L 2012, c 241, § 2]
Haw. Rev. Stat. § 206-11 — HI Code / Division 1 / Title 13 / Chapter 206 / Section 206-11
Breach, mortgaging, effect of breach, etc.
Status: in_force

(a) Effect of breach of restriction. Except as otherwise provided in this chapter any sale or attempted sale, contract, or conveyance contrary to section 206-10 shall be void. Any use contrary to section 206-10 may be enjoined by the State, the board of land and natural resources or an owner or owners of the residence lots within the same development project. Except as otherwise provided in this chapter, if a sale, contract, or conveyance contrary to section 206-10 is attempted, or a use contrary to section 206-10 is not voluntarily remedied or is not or cannot be remedied by injunction, or a building is not erected in accordance with section 206-10(d), the lot affected shall be forfeited and the title revested in the State upon suit by the State establishing any of the foregoing. Upon the forfeiture, the board shall sell the lot at public auction, or at private sale, for the current market value, to a purchaser eligible to purchase from the board in the first instance, and the original purchaser shall be reimbursed insofar as possible, after deduction of costs of resale. Provided that in the event title to any lot passes to any obligee, or to any agency of the United States government, pursuant to the terms of any insurance or guarantee of mortgage loss by such agency, no forfeiture or revesting in the board shall be enforced.

(b) Mortgage of residence lots. Nothing herein shall prevent the conveyance of a residence lot by way of mortgage to any person or corporation.

(c) Nothing in this chapter shall be construed as limiting the power of the board to vest in an obligee the right, in the event of a default by the:

(1) Board or by the purchaser, to take possession of a development project or lot or cause the appointment of a receiver thereof, free from all the restrictions imposed by this chapter; or

(2) Purchaser, to acquire title to a lot or the property mortgaged by the purchaser free from all the restrictions imposed by this chapter. [L 1961, c 6, pt of §10; Supp, pt of §98J-10; HRS §206-11; am L 2017, c 12, §21]
Haw. Rev. Stat. § 206E-182 — HI Code / Division 1 / Title 13 / Chapter 206E / Section 206E-182
Powers.
Status: in_force

In addition and supplemental to the powers granted to the authority by law, the authority may:

(1) With the approval of the governor, enter into a special facility lease or an amendment or supplement thereto whereby the authority agrees to construct, acquire, or remodel and furnish or equip a special facility solely for the use by another person to a special facility lease;

(2) With the approval of the governor, issue special facility revenue bonds in principal amounts not to exceed the total amount of bonds authorized by the legislature, that may be necessary to yield all or a portion of the cost of any construction, acquisition, remodeling, furnishing, and equipping of any special facility;

(3) With the approval of the governor, issue refunding special facility revenue bonds, in principal amounts not to exceed the total amount of bonds authorized by the legislature, with which to provide for the payment of outstanding special facility revenue bonds (including any special facility revenue bonds theretofore issued for this purpose) or any part thereof; provided any issuance of refunding special facility revenue bonds shall not reduce the principal amount of the bonds which may be issued as provided in paragraph (2);

(4) Perform and carry out the terms and provisions of any special facility lease;

(5) Notwithstanding section 103-7 or any other law to the contrary, acquire, construct, or remodel and furnish or equip any special facility, or accept the assignment of any contract therefor entered into by the other person to the special facility lease;

(6) Construct any special facility on land owned by the State; provided that no funds derived herein will be expended for land acquisition; and

(7) Agree with the other person to the special facility lease whereby any acquisition, construction, remodeling, furnishing, or equipping of the special facility and the expenditure of moneys therefor shall be undertaken or supervised by another person. [L 2001, c 180, pt of §2; am L 2004, c 216, §26; am L 2014, c 61, §11]
Haw. Rev. Stat. § 209E-12 — HI Code / Division 1 / Title 13 / Chapter 209E / Section 209E-12
Local incentives.
Status: in_force

(a) In applying for designation as an enterprise zone, the applying county may propose local incentives, including, but not limited to:

(1) Reduction of permit fees;

(2) Reduction of user fees; and

(3) Reduction of real property taxes.

(b) The application also may contain proposals for regulatory flexibility, including, but not limited to:

(1) Special zoning districts;

(2) Permit process reform;

(3) Exemptions from local ordinances; and

(4) Other public incentives proposed in the locality's application, which shall be binding upon the locality upon designation of the enterprise zone. [L 1986, c 78, pt of §1]
Haw. Rev. Stat. § 229-5 — HI Code / Division 1 / Title 13 / Chapter 229 / Section 229-5
Dissolving sister-state relationships.
Status: in_force

The commission may make a recommendation to terminate a sister-state or province partnership it deems to be defunct, moribund, or not beneficial and forward its recommendation to the legislature. The legislature, if it so chooses, shall implement the recommendation to terminate a sister-state or province partnership either by adopting a concurrent resolution or by enacting session law to that effect.
Haw. Rev. Stat. § 206E-18 — HI Code / Division 1 / Title 13 / Chapter 206E / Section 206E-18
Assistance by state and county agencies.
Status: in_force

Any state or county agency may render services upon request of the authority.
Haw. Rev. Stat. § 201-19 — HI Code / Division 1 / Title 13 / Chapter 201 / Section 201-19
Research and statistics for growth industries.
Status: in_force

(a) The department shall maintain a program for the purpose of:

(1) Measuring and analyzing new economic development trends within growth industries such as:

(A) Ocean sciences and technology;

(B) Biotechnology and life sciences;

(C) Astronomy;

(D) Technology and information services;

(E) Film and creative media;

(F) Diversified agriculture;

(G) Aquaculture; and

(H) Specialty tourism;

(2) Providing economic information to policy makers, the public, and the various growth industries under paragraph (1) for use in setting policies, objectives, and goals. This includes collecting, analyzing, and publishing available data on an annual basis relating but not limited to:

(A) Economic diversification, income and income distribution, and issues and measures of the State's natural resources in relation to state sustainable economy goals;

(B) The technology sector of the State, including but not limited to defining the sector, estimating employment, and compiling available information on patents registered in Hawaii;

(C) Technology change in the economy, including but not limited to technical jobs outside the technology sector, and the changing applications of technology in the private economy and government;

(D) The technology-based workforce, including but not limited to management, technical, and professional jobs, and technology education and training;

(E) Innovation and enterprise, including but not limited to available information on startup companies, venture capital investment, private and government research and development activities, small business innovation research grants, and technology licensing;

(F) The dollar value of research and development conducted at, or in association with, the University of Hawaii;

(G) Global connections, including but not limited to diversification of export and visitor markets, foreign business travel, and the manufacturing of export products; and

(H) Venture capital investments in Hawaii, including but not limited to the size of local venture investments and their annual growth.

(b) The department shall submit to the legislature no later than twenty days prior to the convening of each regular legislative session, a report that provides an update on the criteria used to measure growth of these emerging growth industries. In updating its reports on growth of emerging industries each year, the department shall develop updated measurements and analyses in collaboration with the University of Hawaii, county economic development boards, and private, nonprofit economic research activities. [L 2007, c 148, §2; am L 2009, c 167, §1]
Haw. Rev. Stat. § 210D-9 — HI Code / Division 1 / Title 13 / Chapter 210D / Section 210D-9
Loans; limitation and terms.
Status: in_force

Loans made under this chapter shall be for the purposes and in accordance with the terms specified in paragraphs (1) and (2) and shall be made only to applicants who meet the eligibility requirements specified therein.

(1) Community-based enterprise establishment and improvement loans may be made to provide for:

(A) The start-up costs, purchase or improvement of a community-based enterprise or working capital; and

(B) The purchase, construction, or improvement of facilities; and

(2) Operating loans may be made to carry on and improve an existing enterprise, including:

(A) The purchase of equipment; and

(B) The payment of production and marketing expenses including materials, labor, and services.

The loans shall be for an amount not to exceed $250,000 and for a term not to exceed ten years. [L 1990, c 111, pt of §2; am L 1996, c 192, §9; am L 2009, c 124, §6]
Haw. Rev. Stat. § 210D-8 — HI Code / Division 1 / Title 13 / Chapter 210D / Section 210D-8
Powers and duties.
Status: in_force

The department shall have the necessary powers to carry out the purposes of this chapter, including the following:

(1) With advice from the council, prescribe the qualifications for eligibility of applicants for loans and grants;

(2) With advice from the council, establish preferences and priorities in determining eligibility for financial assistance;

(3) Establish the conditions, consistent with the purpose of this chapter, for the awarding of financial assistance;

(4) Provide for inspection at reasonable hours of facilities, books, and records of a community-based organization that has applied for or has been awarded financial assistance and require the submission of progress and final reports;

(5) Provide loans and grants for community-based economic development activities and community-based enterprises for purposes consistent with this chapter;

(6) Determine the necessity for and the extent of security required in a loan;

(7) Prescribe and provide appropriate management counseling and monitoring of business activities;

(8) Administer the Hawaii community-based economic development special fund;

(9) Include in its budget for subsequent fiscal periods amounts necessary to effectuate the purposes of this chapter;

(10) Participate in loans made to qualified persons by private lenders;

(11) Establish interest rates chargeable by the State for direct and participation loans; and

(12) Adopt rules pursuant to chapter 91 to implement this chapter. [L 1990, c 111, pt of §2; am L 1996, c 192, §8; am L 2009, c 124, §5; am L Sp 2021, c 9, §32]
Haw. Rev. Stat. § 201-63 — HI Code / Division 1 / Title 13 / Chapter 201 / Section 201-63
Information services.
Status: in_force

The department shall:

(1) Operate a permit information and coordination center for public use during normal working hours, which provides guidance in regard to the permits and procedures that may apply to specific projects; and

(2) Maintain and update a repository of the laws, rules, procedures, permit requirements, and criteria of federal, state, and county agencies having control or regulatory power over land and water use for development or the control or regulatory power over natural, cultural, or environmental resources. [L 1985, c 237, pt of §4; am L 1987, c 87, pt of §1]
Haw. Rev. Stat. § 212-1 — HI Code / Division 1 / Title 13 / Chapter 212 / Section 212-1
"Act of Congress" defined.
Status: in_force

As used in this chapter, "Act of Congress" means the act of Congress approved June 18, 1934, entitled, "An act to provide for the establishment, operation, and maintenance of foreign-trade zones in ports of entry of the United States, to expedite and encourage foreign commerce, and for other purposes", and the amendments thereto.
Haw. Rev. Stat. § 201-13.7 — HI Code / Division 1 / Title 13 / Chapter 201 / Section 201-13.7
Federal funds.
Status: in_force

Where the governor or the department with the approval of the governor is able to secure federal funds made available under any act of the Congress of the United States to be expended in connection with or for planning grants and community development block grants, the governor or department shall have the power to enter into such undertakings with the proper officers or agencies of the federal government. The department may adopt rules pursuant to chapter 91 as may be necessary to administer and effectuate federal grants and programs that it has been assigned.
Haw. Rev. Stat. § 201H-37 — HI Code / Division 1 / Title 13 / Chapter 201H / Section 201H-37
Exemption from tax on income and obligations.
Status: in_force

Income earned and obligations issued by a nonprofit entity determined to constitute a "public housing agency" pursuant to section 3(b)(6) of the United States Housing Act of 1937, as amended, and which income and obligations are declared by the United States Department of Housing and Urban Development to be exempt from all taxation imposed by the United States pursuant to section 11(b) of the United States Housing Act of 1937, shall be exempt from all taxation now or hereafter imposed by the State.
Haw. Rev. Stat. § 201H-109 — HI Code / Division 1 / Title 13 / Chapter 201H / Section 201H-109
Loans; insurance and guarantees.
Status: in_force

The corporation may procure insurance or guarantees against any default of its loans, in amounts and from insurers or guarantors, as it deems necessary or desirable.
Haw. Rev. Stat. § 201H-77 — HI Code / Division 1 / Title 13 / Chapter 201H / Section 201H-77
Investment of reserves, etc.
Status: in_force

The corporation may invest any funds held in reserves or sinking funds or any funds not required for immediate disbursement, including the proceeds of bonds, in property or securities in which the director of finance may legally invest, as provided in section 36-21, except that funds held outside the state treasury may be invested for terms not to exceed thirty-five years. No provisions with respect to the acquisition, operation, or disposition of property by other government agencies shall be applicable to the corporation unless the legislature shall specifically so state.
Haw. Rev. Stat. § 212-9 — HI Code / Division 1 / Title 13 / Chapter 212 / Section 212-9
Special fund.
Status: in_force

There is established in the state treasury a fund to be known as the foreign-trade zones special fund. All fees or other moneys collected under this chapter shall be deposited in this fund. All moneys in the fund are hereby appropriated for the purposes of and shall be expended by the public corporation for the operation, capital improvement, and maintenance of the zone.
Haw. Rev. Stat. § 212-6 — HI Code / Division 1 / Title 13 / Chapter 212 / Section 212-6
Establishment, operation, and maintenance of zone.
Status: in_force

Any public corporation authorized pursuant to this chapter to make an application and whose application is granted pursuant to the terms of the Act of Congress may establish, operate, and maintain the foreign-trade zone:

(1) Subject to the conditions and restrictions of the Act of Congress; [and]

(2) Under the rules and regulations, and for the period of time that may be prescribed by the foreign-trade zones board established by the Act of Congress to carry out the provisions of the Act. [L 1963, c 7, §7; Supp, §98T-7; HRS §212-6]
Haw. Rev. Stat. § 211D-8 — HI Code / Division 1 / Title 13 / Chapter 211D / Section 211D-8
State's rights with respect to reserve account.
Status: in_force

(a) All of the money in a reserve account established under this chapter is property of the State.

(b) The State is entitled to earn interest on the amount of contributions made by the department, borrower, and institution to a reserve account under this chapter. The department shall withdraw monthly or quarterly from a reserve account the amount of the interest earned by the State. The department shall deposit the amount withdrawn under this section into the fund.

(c) If the amount in a reserve account exceeds an amount equal to thirty-three per cent of the balance of the financial institution's outstanding capital access loans, the department may withdraw the excess amount and deposit the amount in the fund. A withdrawal of money authorized under this subsection may not reduce an active reserve account to an amount that is less than $200,000.

(d) The department shall withdraw from the institution's reserve account the total amount in the account and any interest earned on the account and deposit the amount in the fund when:

(1) A financial institution is no longer eligible to participate in the program or a participation agreement entered into under this chapter expires without renewal by the department or institution; and

(2) The financial institution has no outstanding capital access loans. [L 2000, c 290, pt of §2]
Haw. Rev. Stat. § 227D-3.5 — HI Code / Division 1 / Title 13 / Chapter 227D / Section 227D-3.5
Confidentiality of information.
Status: in_force

[§227D-3.5 Confidentiality of information.] (a) Notwithstanding chapter 92F or any other law to the contrary, any government record made or received by any member or employee of the authority shall be subject to segregation, and information contained therein shall not be subject to public disclosure, inspection, or duplication to the extent that the information:

(1) Consists of business trade secrets of a tenant or prospective tenant of the authority;

(2) Consists of confidential or proprietary commercial or financial information regarding the operation of any business of a tenant or prospective tenant of the authority; or

(3) Relates to the competitive position in a particular business or field of endeavor of a tenant or prospective tenant of the authority.

Information described in paragraphs (1), (2), and (3) that is contained in a business plan attached to a lease of state land shall be subject to segregation as required by this section. This section, however, shall not apply to leases of state land themselves and other information required to be public by section 92F-12(a)(5).

(b) Notwithstanding chapter 92 or any other law to the contrary, any discussion or consideration by the board or any committee of the board of the type of non-disclosable information described in subsection (a) may be held in an executive meeting closed to the public. [L 2004, c 23, §1]
Haw. Rev. Stat. § 206E-105 — HI Code / Division 1 / Title 13 / Chapter 206E / Section 206E-105
Revenue bonds; interest rate, price, and sale.
Status: reserved

(a) The revenue bonds shall bear interest at a rate or rates payable monthly, quarterly, or semi-annually.

(b) The authority shall include the costs of undertaking and maintaining the reserved housing loan programs for which the revenue bonds are issued in determining the cost of undertaking and maintaining the reserved housing loan programs, the authority may include the cost of purchasing or funding loans or other agreements entered into for the reserved housing loan programs; the costs of studies and surveys; insurance premiums; underwriting fees; financial consultant, legal, accounting, and marketing services incurred; reserve account, trustee, custodian, and rating agency fees; and interest on the bonds for a period not to exceed one year from the date of issuance.

(c) The revenue bonds may be sold at public or private sale, and for a price as may be determined by the authority to be in the best interest of the State.

(d) Section 39-65 shall not apply to revenue bonds issued for the purpose of undertaking and maintaining any of the reserved housing loan programs as permitted by this part. The legislature consents to the taxation by the United States of interest on revenue bonds issued for the purpose of undertaking and maintaining any of the reserved housing loan programs as permitted by this part. [L 1982, c 228, pt of §8]

Revision Note

Section "39‑65" substituted for "39‑61" pursuant to §23G-15.
Haw. Rev. Stat. § 201-13.9 — HI Code / Division 1 / Title 13 / Chapter 201 / Section 201-13.9
Medical cannabis; economic and other data; collection.
Status: in_force

(a) The department shall continuously collect de‑identified information regarding the medical cannabis registry and dispensary programs established pursuant to chapters 329 and 329D, including but not limited to information regarding the:

(1) Quantities of cannabis cultivated and dispensed;

(2) Number of qualifying patients;

(3) Geographic areas in which cannabis is cultivated and consumed;

(4) Prices of cannabis and related products;

(5) Number of employment opportunities related to cannabis; and

(6) Economic impact of cannabis cultivation and sales.

(b) The department of health and dispensaries licensed pursuant to chapter 329D shall provide de-identified aggregated data as required by the department pursuant to this section.

(c) Upon request, the department shall provide an analysis of the aggregated de-identified data to the department of health and the legislature. [L 2016, c 230, §2; am L 2017, c 170, §2]

Revision Note

"Marijuana" changed to "cannabis" to conform to L 2017, c 170, pursuant to §23G-15.
Haw. Rev. Stat. § 206E-4.1 — HI Code / Division 1 / Title 13 / Chapter 206E / Section 206E-4.1
Assignment of powers and duties prohibited.
Status: in_force

Notwithstanding anything contained in this chapter to the contrary, the authority shall not assign to any person or agency, including the executive director of the authority, any of its powers and duties related to the approval of any variance, exemption, or modification of any provision of a community development plan or community development rules.
Haw. Rev. Stat. § 210D-14 — HI Code / Division 1 / Title 13 / Chapter 210D / Section 210D-14
Annual report.
Status: in_force

The department shall submit a report of the actions taken under this chapter which shall be included in the annual report pursuant to section 201-10.
Haw. Rev. Stat. § 212-2 — HI Code / Division 1 / Title 13 / Chapter 212 / Section 212-2
"Public corporation" defined.
Status: in_force

As used in this chapter, "public corporation" means the State of Hawaii, any political subdivision thereof, and municipality therein, or any public agency of the State.
Haw. Rev. Stat. § 210-7 — HI Code / Division 1 / Title 13 / Chapter 210 / Section 210-7
Loans to development companies.
Status: in_force

(a) The department of business, economic development, and tourism may make loans to development companies incorporated in the State for the purpose of supplementing the funds required to be forthcoming to qualify development companies to receive financial assistance under Title V of SBIA. The loans shall be subject to terms and conditions established by the department as similar as possible to applicable terms and conditions prescribed by regulations adopted by SBA.

(b) Subject to the availability of funds, a request from the Hawaii technology development corporation for a transfer of funds to supplement appropriations for small business innovation research grants shall be granted expeditiously. If available funds are inadequate for a transfer to the development corporation, the director shall advise the development corporation that a transfer will be made when sufficient funds are available in the Hawaii capital loan revolving fund. [L 1964, c 42, §5; Supp, §98R-8; HRS §210-7; am L 1982, c 92, §6; am L 1987, c 336, §7; am L 1990, c 293, §8; am L 1991, c 85, §2; am L 2017, c 69, §4]
Haw. Rev. Stat. § 211E-3 — HI Code / Division 1 / Title 13 / Chapter 211E / Section 211E-3
Venture capital information center; establishment; duties.
Status: in_force

(a) The department of business, economic development, and tourism shall establish a venture capital information center to promote the development and exploitation of inventions and new products that have direct economic benefits for Hawaii and to facilitate the bringing together of investors desiring to invest money in new products and inventions with inventors and developers of new products seeking financing.

(b) Among other services, the center shall:

(1) Develop a promotional program to generate and attract venture capital to Hawaii;

(2) Provide interested investors with information on prospective inventors, new products, innovations, and inventions;

(3) Maintain a listing of prospective investors, inventors, and developers of new products; and

(4) Provide a referral service to bring together investors with venture capital and inventors or developers seeking financing. [L Sp 1981 1st, c 8, pt of §2; am L 1987, c 336, §7; am L 1990, c 293, §8]
Haw. Rev. Stat. § 205-7 — HI Code / Division 1 / Title 13 / Chapter 205 / Section 205-7
Adoption, amendment or repeal of rules.
Status: in_force

The land use commission shall adopt, amend or repeal rules relating to matters within its jurisdiction in the manner prescribed in chapter 91.
Haw. Rev. Stat. § 201B-6.2 — HI Code / Division 1 / Title 13 / Chapter 201B / Section 201B-6.2
[ §201B-6.
Status: in_force

[ §201B-6.2] Tourism functional plan. Pursuant to section 226-55, the authority, in coordination with the office of planning and sustainable development, shall prepare and periodically update the tourism functional plan to include tourism economic goals set out in chapter 226, the authority's strategic plan, and the Hawaii 2050 sustainability plan.
Haw. Rev. Stat. § 214-3 — HI Code / Division 1 / Title 13 / Chapter 214 / Section 214-3
Determination of projects.
Status: in_force

The executive officer of each of the several counties, with the advice of the county or city council as the case may be, shall identify the project or projects to be undertaken, in the executive officer's respective county, under this program subject to approval by the governor. All approved projects shall be in agreement with the state general plan or must contribute reasonably to the economic development of the county. These projects shall be approved on the basis of relative need on a statewide basis.

Revision Note

Reference to county council substituted for "board of supervisors" to conform to county charters pursuant to §23G-15.
Haw. Rev. Stat. § 201H-22 — HI Code / Division 1 / Title 13 / Chapter 201H / Section 201H-22
Quitclaim deeds.
Status: in_force

Unless otherwise provided by law, the corporation shall issue quitclaim deeds and leases whenever it conveys, transfers, sells, or assigns any property developed, constructed, or sponsored under this chapter.
Haw. Rev. Stat. § 201H-35 — HI Code / Division 1 / Title 13 / Chapter 201H / Section 201H-35
Bond financing.
Status: in_force

The director of finance may issue general obligation bonds and short-term project notes of the State in an aggregate amount not to exceed $105,000,000 for the dwelling unit revolving fund created by section 201H-191. Pending the receipt of funds from the issuance and sale of the bonds and notes, the amount required for the purposes of this chapter shall be advanced from the general fund of the State. Upon the receipt of the bond or note funds, the general fund shall be reimbursed. The director of finance may sequester and separate the proceeds from the sale of the bonds and notes into separate funds and the amounts in either fund may be used for any of the purposes set forth in this chapter.
Haw. Rev. Stat. § 226-106 — HI Code / Division 1 / Title 13 / Chapter 226 / Section 226-106
Affordable housing.
Status: in_force

Priority guidelines for the provision of affordable housing:

(1) Seek to use marginal or nonessential agricultural land, urban land, and public land to meet housing needs of extremely low-, very low-, lower-, moderate-, and above moderate-income households.

(2) Encourage the use of alternative construction and development methods as a means of reducing production costs.

(3) Improve information and analysis relative to land availability and suitability for housing.

(4) Create incentives for development which would increase home ownership and rental opportunities for Hawaii's extremely low-, very low-, lower-, and moderate-income households and residents with special needs.

(5) Encourage continued support for government or private housing programs that provide low interest mortgages to Hawaii's people for the purchase of initial owner-occupied housing.

(6) Encourage public and private sector cooperation in the development of rental housing alternatives.

(7) Encourage improved coordination between various agencies and levels of government to deal with housing policies and regulations.

(8) Give higher priority to the provision of quality housing that is affordable for Hawaii's residents and less priority to development of housing intended primarily for individuals outside of Hawaii. [L 1986, c 276, §33; am L 1989, c 250, §3; am L 2017, c 82, §4]
Haw. Rev. Stat. § 210D-11 — HI Code / Division 1 / Title 13 / Chapter 210D / Section 210D-11
Grants; conditions and qualifications.
Status: in_force

(a) Grants shall be made for amounts not to exceed $100,000 for each applicant. Applications for grants shall be made to the department and contain such information as the department shall require by rules adopted pursuant to chapter 91. At a minimum, the applicant must show that:

(1) The grant shall be used exclusively for community-based economic development activities, a community-based business or enterprise, or the provision of technical assistance, consistent with the purposes of this chapter;

(2) The community-based business or enterprise shall have applied for or received all applicable licenses and permits;

(3) The applicant shall comply with all applicable federal and state laws prohibiting discrimination against any person on the basis of race, color, national origin, religion, creed, sex, age, sexual orientation, disability, or any other characteristic protected under applicable federal or state law ;

(4) The grant shall not be used for purposes of entertainment or perquisites;

(5) The applicant shall comply with other requirements as the department may prescribe;

(6) All activities and improvements undertaken with funds received shall comply with all applicable federal, state, and county statutes and ordinances, including applicable building codes and agency rules;

(7) The applicant shall indemnify and save harmless the State of Hawaii and its officers, agents, and employees from and against any and all claims arising out of or resulting from activities carried out or projects undertaken with funds provided hereunder, and procure sufficient insurance to provide this indemnification if requested to do so by the department; and

(8) The facilities shall not be used and are not intended to be used for sectarian instruction or as a place of worship.

(b) To receive a grant under this section for community-based economic development activities, a community-based enterprise or business, or the provision of technical assistance, an applicant shall:

(1) Be either:

(A) A profit subsidiary of a nonprofit community-based organization incorporated under the laws of the State;

(B) A nonprofit community-based organization determined to be exempt from federal income taxation by the Internal Revenue Service;

(C) A cooperative association; or

(D) An organization providing technical assistance;

(2) In the case of a nonprofit organization, have a governing board whose members have no material conflict of interest and serve without compensation, have bylaws or policies that describe the manner in which business is conducted and policies relating to nepotism and management of potential conflict of interest situations, and employ or contract with no two or more members of a family or kin of the first or second degree unless specifically permitted by the department;

(3) Agree to make available to the department all records the applicant may have relating to the grant, to allow state agencies to monitor the applicant's compliance with the purpose of this chapter; and

(4) Establish, to the satisfaction of the department, that sufficient funds are available for the effective operation of the activity, business, enterprise, or technical assistance for the purpose for which the grant is awarded. [L 1990, c 111, pt of §2; am L 1991, c 255, §2(2); am L 1996, c 192, §11; am L 2009, c 124, §8; am L 2017, c 47, §3; am L 2021, c 109, §1]
Haw. Rev. Stat. § 201H-152 — HI Code / Division 1 / Title 13 / Chapter 201H / Section 201H-152
Mortgage guarantee agreements.
Status: in_force

(a) To induce appropriate officials of any agency or instrumentality of the United States to commit to insure and to insure mortgages under the provisions of the United States Housing Act of 1937, as amended, the corporation may enter into guarantee agreements with those officials whenever:

(1) The purchaser-mortgagor in question is ineligible for mortgage insurance purposes under the United States Housing Act of 1937, as amended, because of credit standing, debt obligation, or income characteristics;

(2) The purchaser-mortgagor in question is a "displaced person" as defined in chapter 111 and the guarantee agreement will enable the purchaser-mortgagor to obtain suitable replacement housing in accordance with chapter 111; or

(3) The corporation finds that the purchaser-mortgagor would be a satisfactory credit risk with ability to repay the mortgage loan if the purchaser-mortgagor were to receive budget, debt management, and related counseling.

(b) Guarantee agreements under subsection (a) may obligate the corporation to:

(1) Provide or cause to be provided counseling under subsection (a)(3); and

(2) Indemnify an agency or instrumentality of the United States for a period not to exceed five years for any loss sustained by the agency or instrumentality by reason of insurance of a mortgage.

(c) The total of guarantees made pursuant to this section and guarantees made pursuant to section 201H-151 shall not exceed $10,000,000. [L 2006, c 180, pt of §4]
Haw. Rev. Stat. § 206E-196 — HI Code / Division 1 / Title 13 / Chapter 206E / Section 206E-196
Assessment for operating costs.
Status: in_force

(a) The authority shall have the power to assess all land users, except the federal government, for their fair share of the costs required to administer and operate the Kalaeloa community development district, which may include costs associated with staffing. Assessments shall be based on each landowner's proportionate share of the total acreage of the Kalaeloa community development district.

(b) The assessment shall be set by the authority annually, based upon the operating budget for the district, and adjusted for any actual expenditures made in the prior year in excess of the prior approved budget. The assessments shall be paid to the authority in semiannual payments commencing thirty days after the beginning of the fiscal year.

(c) The authority may charge interest or other fees on assessment amounts not paid on a timely basis, and may withhold services or approval of governmental permits for land users delinquent in payments.

(d) For the purposes of this section, "land user" includes the owner of land; provided that the landowner may assign the responsibility for payment of assessments to the lessee or licensee of the land. [L 2002, c 184, pt of §2]
Haw. Rev. Stat. § 207-14 — HI Code / Division 1 / Title 13 / Chapter 207 / Section 207-14
§§207-14 and 207-15 REPEALED.
Status: repealed

§§207-14 and 207-15 REPEALED. L 1999, c 43, §§4, 5.
Haw. Rev. Stat. § 223-1 — HI Code / Division 1 / Title 13 / Chapter 223 / Section 223-1
Purpose.
Status: in_force

The purpose of this chapter is to provide for the development of a policy for the State of Hawaii to halt urban sprawl with its attendant need for costly urban services, to preserve and conserve open space areas, to enhance and protect the environment of Hawaii, and to uplift the quality of life for all its citizens and to provide for implementation of such policy.
Haw. Rev. Stat. § 226-10.5 — HI Code / Division 1 / Title 13 / Chapter 226 / Section 226-10.5
Objectives and policies for the economy--information industry.
Status: in_force

(a) Planning for the State's economy with regard to telecommunications and information technology shall be directed toward recognizing that broadband and wireless communication capability and infrastructure are foundations for an innovative economy and positioning Hawaii as a leader in broadband and wireless communications and applications in the Pacific Region.

(b) To achieve the information industry objective, it shall be the policy of this State to:

(1) Promote efforts to attain the highest speeds of electronic and wireless communication within Hawaii and between Hawaii and the world, and make high speed communication available to all residents and businesses in Hawaii;

(2) Encourage the continued development and expansion of the telecommunications infrastructure serving Hawaii to accommodate future growth and innovation in Hawaii's economy;

(3) Facilitate the development of new or innovative business and service ventures in the information industry which will provide employment opportunities for the people of Hawaii;

(4) Encourage mainland- and foreign-based companies of all sizes, whether information technology-focused or not, to allow their principals, employees, or contractors to live in and work from Hawaii, using technology to communicate with their headquarters, offices, or customers located out-of-state;

(5) Encourage greater cooperation between the public and private sectors in developing and maintaining a well-designed information industry;

(6) Ensure that the development of new businesses and services in the industry are in keeping with the social, economic, and physical needs and aspirations of Hawaii's people;

(7) Provide opportunities for Hawaii's people to obtain job training and education that will allow for upward mobility within the information industry;

(8) Foster a recognition of the contribution of the information industry to Hawaii's economy; and

(9) Assist in the promotion of Hawaii as a broker, creator, and processor of information in the Pacific. [L Sp 1988, c 1, §3; am L 2009, c 167, §7; am L 2014, c 133, §4]
Haw. Rev. Stat. § 206M-15.5 — HI Code / Division 1 / Title 13 / Chapter 206M / Section 206M-15.5
Technology special fund.
Status: in_force

There is established in the state treasury a fund to be known as the technology special fund, into which shall be deposited, except as otherwise provided by section 206M-17:

(1) Any appropriations or other funds required to be deposited by law; and

(2) All moneys, fees, and equity from tenants, qualified persons, or other users of the development corporation's economic zones, projects, other leased facilities, and other services and publications;

provided that the total amount of moneys in the fund shall not exceed $ 300,000 at the end of any fiscal year. All moneys in the fund are appropriated for the purposes of and shall be expended by the development corporation for the operation, maintenance, and management of its economic zones, projects, facilities, services, and publications, and to pay the expenses in administering the special purpose revenue bonds of the development corporation or in carrying out its project agreements. [L 1989, c 274, pt of §1; am L 2000, c 72, §20 and c 297, §28; am L 2016, c 76, §3; am L 2017, c 69, §5; am L 2019, c 56, §16; am L 2022, c 55, §2]
Haw. Rev. Stat. § 206J-10 — HI Code / Division 1 / Title 13 / Chapter 206J / Section 206J-10
Public projects.
Status: in_force

Any project or activity of any public agency of the State in the Aloha Tower complex shall be constructed, renovated, or improved in consultation with the development corporation and the department of transportation.
Haw. Rev. Stat. § 206J-13 — HI Code / Division 1 / Title 13 / Chapter 206J / Section 206J-13
State and political subdivisions not liable on bonds.
Status: in_force

The bonds and other obligations of the development corporation (and such bonds and obligations shall so state on their face) shall not be a debt of the State or of any political subdivision; neither the State nor any political subdivision shall be liable thereon, nor in any event shall they be payable solely out of funds or properties other than those of the development corporation pledged thereto.
Haw. Rev. Stat. § 201H-102 — HI Code / Division 1 / Title 13 / Chapter 201H / Section 201H-102
§§201H-102 to 201H-104 REPEALED.
Status: repealed

§§201H-102 to 201H-104 REPEALED. L 2013, c 135, §§5 to 7.
Haw. Rev. Stat. § 206J-19 — HI Code / Division 1 / Title 13 / Chapter 206J / Section 206J-19
Annual report.
Status: in_force

The development corporation shall submit to the governor and the legislature, at least twenty days prior to the start of each regular session, a complete and detailed report of its activities.
Haw. Rev. Stat. § 226-104 — HI Code / Division 1 / Title 13 / Chapter 226 / Section 226-104
Population growth and land resources priority guidelines.
Status: in_force

(a) Priority guidelines to effect desired statewide growth and distribution:

(1) Encourage planning and resource management to insure that population growth rates throughout the State are consistent with available and planned resource capacities and reflect the needs and desires of Hawaii's people.

(2) Manage a growth rate for Hawaii's economy that will parallel future employment needs for Hawaii's people.

(3) Ensure that adequate support services and facilities are provided to accommodate the desired distribution of future growth throughout the State.

(4) Encourage major state and federal investments and services to promote economic development and private investment to the neighbor islands, as appropriate.

(5) Explore the possibility of making available urban land, low-interest loans, and housing subsidies to encourage the provision of housing to support selective economic and population growth on the neighbor islands.

(6) Seek federal funds and other funding sources outside the State for research, program development, and training to provide future employment opportunities on the neighbor islands.

(7) Support the development of high technology parks on the neighbor islands.

(b) Priority guidelines for regional growth distribution and land resource utilization:

(1) Encourage urban growth primarily to existing urban areas where adequate public facilities are already available or can be provided with reasonable public expenditures, and away from areas where other important benefits are present, such as protection of important agricultural land or preservation of lifestyles.

(2) Make available marginal or nonessential agricultural lands for appropriate urban uses while maintaining agricultural lands of importance in the agricultural district.

(3) Restrict development when drafting of water would result in exceeding the sustainable yield or in significantly diminishing the recharge capacity of any groundwater area.

(4) Encourage restriction of new urban development in areas where water is insufficient from any source for both agricultural and domestic use.

(5) In order to preserve green belts, give priority to state capital-improvement funds which encourage location of urban development within existing urban areas except where compelling public interest dictates development of a noncontiguous new urban core.

(6) Seek participation from the private sector for the cost of building infrastructure and utilities, and maintaining open spaces.

(7) Pursue rehabilitation of appropriate urban areas.

(8) Support the redevelopment of Kakaako into a viable residential, industrial, and commercial community.

(9) Direct future urban development away from critical environmental areas or impose mitigating measures so that negative impacts on the environment would be minimized.

(10) Identify critical environmental areas in Hawaii to include but not be limited to the following: watershed and recharge areas; wildlife habitats (on land and in the ocean); areas with endangered species of plants and wildlife; natural streams and water bodies; scenic and recreational shoreline resources; open space and natural areas; historic and cultural sites; areas particularly sensitive to reduction in water and air quality; and scenic resources.

(11) Identify all areas where priority should be given to preserving rural character and lifestyle.

(12) Utilize Hawaii's limited land resources wisely, providing adequate land to accommodate projected population and economic growth needs while ensuring the protection of the environment and the availability of the shoreline, conservation lands, and other limited resources for future generations.

(13) Protect and enhance Hawaii's shoreline, open spaces, and scenic resources. [L 1978, c 100, pt of §2; am L 1984, c 236, §16; am L 1986, c 276, §31]
Haw. Rev. Stat. § 206J-8 — HI Code / Division 1 / Title 13 / Chapter 206J / Section 206J-8
Use of public lands.
Status: in_force

Without regard to chapter 171, the governor may set aside or any department or agency of the State may lease applicable portions of the area designated as the Aloha Tower complex to the development corporation for the purpose specified in this chapter; provided that such setting aside would not impair any covenant between the State or any department or board thereof and holders of revenue bonds issued by the State or such department or board, or the development corporation may lease applicable portions of the Aloha Tower complex from the department of transportation. The development corporation shall annually reimburse to the department of transportation any losses in revenues caused by any action of the development corporation. The development corporation shall provide replacement facilities for maritime activities at no cost to the department of transportation.
Haw. Rev. Stat. § 227D-7 — HI Code / Division 1 / Title 13 / Chapter 227D / Section 227D-7
Exemption of authority from taxation and competitive bidding.
Status: in_force

(a) All revenues and receipts derived by the authority from any project or research and technology park or under a project agreement or other agreement pertaining thereto shall be exempt from all state taxation. Any right, title, and interest of the authority in any project or research and technology park shall also be exempt from all state taxation. Except as otherwise provided by law, the interest of a qualified person or other user of a project or research and technology park under a project agreement or other agreements related to a project or research and technology park shall not be exempt from taxation to a greater extent than it would be if the costs of the project or research and technology park were directly financed by the qualified person or user.

(b) The authority shall not be subject to the requirements of chapter 103 for project agreements, construction contracts, retail concession or tour-related contracts, or other contracts unless a project agreement with respect to a project or research and technology park shall require otherwise. [L 1990, c 224, pt of §3; am L Sp 1993, c 8, §19; am L 1997, c 151, §3; am L 2004, c 216, §9]
Haw. Rev. Stat. § 210D-1 — HI Code / Division 1 / Title 13 / Chapter 210D / Section 210D-1
Findings and purpose.
Status: in_force

The legislature finds that:

(1) It is in the best interest of the State to bring about a diversification of opportunities in all aspects of life for the residents and communities of the State;

(2) Community-based enterprises play an important part in providing a diversification of opportunities for Hawaii's residents and communities;

(3) Community-based enterprises are characterized by their interests not only in profits but in community empowerment, that is, building the community to enable it to be more self-reliant, which encourages diversification of opportunities for Hawaii's residents and communities;

(4) Community-based enterprises have the potential to increase self-determination, provide employment opportunities, strengthen community identity, retain and create community cultural anchors, and reinforce community social, cultural, economic, and spiritual values, and are thus of crucial importance in securing the diversification of opportunities;

(5) Programs to develop community-based enterprises have the potential to increase self-reliance and provide employment opportunities to Hawaii's people;

(6) Conventional financial institutions traditionally do not provide loans to establish or expand community- based enterprises;

(7) No present state agency or program has the authority to financially assist community-based enterprises; and

(8) The State should initiate a program to assist community-based enterprises through loans, grants, and technical assistance.

The purpose of this chapter is to establish a program of technical and financial assistance for community-based organizations to assist the establishment and development of community-based enterprises in the State. [L 1990, c 111, pt of §2; am L 1996, c 192, §2]
Haw. Rev. Stat. § 201-84 — HI Code / Division 1 / Title 13 / Chapter 201 / Section 201-84
Annual report.
Status: in_force

The department of business, economic development, and tourism shall submit an annual report to the legislature on the operations of its out-of-state offices. For each out-of-state office the report shall describe and include, but not be limited to:

(1) The programs developed to reach targeted companies or industries in the respective area or surrounding region, and the result of these programs;

(2) The major out-of-state government policies and regulations affecting business and economic development in Hawaii;

(3) The major advertising efforts, promotional events, media coverage, and educational programs developed and conducted regarding business opportunities in the State; and

(4) An expenditure report which shall include a detailed description of expenditures involving staffing and contracted personal services. [L 1988, c 366, pt of §1; am L 1990, c 293, §8]
Haw. Rev. Stat. § 201B-3 — HI Code / Division 1 / Title 13 / Chapter 201B / Section 201B-3
Powers, generally.
Status: in_force

(a) Except as otherwise provided by law, the authority may:

(1) Sue and be sued;

(2) Have a seal and alter the same at its pleasure;

(3) Through its president and chief executive officer, make and execute contracts and all other instruments necessary or convenient for the exercise of its powers and functions under this chapter; provided that the authority may enter into contracts and agreements for a period of up to five years, subject to the availability of funds; provided further that the authority may enter into agreements for the use of the convention center facility for a period of up to ten years;

(4) Make and alter bylaws for its organization and internal management;

(5) Unless otherwise provided in this chapter, adopt rules in accordance with chapter 91 with respect to its projects, operations, properties, and facilities;

(6) Through its president and chief executive officer, represent the authority in communications with the governor and legislature;

(7) Through its president and chief executive officer, provide for the appointment of officers, agents, a sports coordinator, and employees, subject to the approval of the board, prescribing their duties and qualifications, and fixing their salaries, without regard to chapters 76 and 78, if funds have been appropriated by the legislature and allotted as provided by law;

(8) Through its president and chief executive officer, purchase supplies, equipment, or furniture;

(9) Through its president and chief executive officer, allocate the space or spaces that are to be occupied by the authority and appropriate staff;

(10) Through its president and chief executive officer, engage the services of qualified persons to implement the State's strategic tourism management plan or portions thereof as determined by the authority;

(11) Through its president and chief executive officer, engage the services of consultants on a contractual basis for rendering professional and technical assistance and advice;

(12) Procure insurance against any loss in connection with its property and other assets and operations in amounts and from insurers as it deems desirable;

(13) Contract for or accept revenues, compensation, proceeds, and gifts or grants in any form from any public agency or any other source;

(14) Develop, coordinate, and implement state policies and directions for tourism and related activities taking into account the economic, social, and physical impacts of tourism on the State, Hawaii's natural environment, and areas frequented by visitors;

(15) Have a permanent, strong focus on Hawaii brand management;

(16) Coordinate all agencies and advise the private sector in the development of tourism-related activities and resources;

(17) Work to eliminate or reduce barriers to travel to provide a positive and competitive business environment, including coordinating with the department of transportation on issues affecting airlines and air route development;

(18) Market and promote sports-related activities and events;

(19) Coordinate the development of new products with the counties and other persons in the public sector and private sector, including the development of sports, culture, health and wellness, education, technology, agriculture, and nature tourism;

(20) Establish a public information and educational program to inform the public of tourism and tourism-related problems;

(21) Coordinate the development of tourism educational, training, and career counseling programs;

(22) Establish a program to monitor, investigate, and respond to complaints about problems resulting directly or indirectly from the tourism industry and taking appropriate action as necessary;

(23) Develop and implement emergency measures to respond to any adverse effects on the tourism industry, pursuant to section 201B-9;

(24) Set and collect rents, fees, charges, or other payments for the lease, use, occupancy, or disposition of the convention center facility without regard to chapter 91;

(25) Notwithstanding chapter 171, acquire, lease as lessee or lessor, own, rent, hold, and dispose of the convention center facility in the exercise of its powers and the performance of its duties under this chapter;

(26) Acquire by purchase, lease, or otherwise, and develop, construct, operate, own, manage, repair, reconstruct, enlarge, or otherwise effectuate, either directly or through developers, a convention center facility;

(27) Enhance the tourism industry in the State to grow its positive contributions to residents of the State; provided that the authority's initiatives shall follow destination management practices and integrate regenerative tourism; and

(28) Focus on perpetuating the uniqueness of the Hawaiian culture and community and their significance to the quality of the visitor experience by ensuring that:

(A) The Hawaiian culture is accurately portrayed by Hawaii's visitor industry;

(B) The Hawaiian language is supported and normalized as an official language of the State;

(C) Hawaiian cultural practitioners and cultural sites are supported, nurtured, and engaged in sustaining the visitor industry; and

(D) A Hawaiian cultural education and training program is provided for the members of the visitor industry workforce who have direct contact with visitors.

(b) The authority shall do any and all things necessary to carry out its purposes, to exercise the powers and responsibilities given in this chapter, and to perform other functions required or authorized by law. [L 1998, c 156, pt of §2; am L 2002, c 38, §1, c 143, §3, c 148, §20, and c 253, §7; am L 2003, c 3, §4; am L 2004, c 9, §1; am L 2005, c 235, §5; am L 2007, c 201, §2; am L Sp 2009, c 5, §5; am L 2010, c 102, §1; am L 2014, c 131, §1; am L Sp 2021, c 1, §19; am L 2024, c 225, §3; am L 2025, c 132, §4]
Haw. Rev. Stat. § 206E-205 — HI Code / Division 1 / Title 13 / Chapter 206E / Section 206E-205
Rules; adoption.
Status: in_force

[§ 206E-205]Rules; adoption. The authority shall adopt rules in accordance with chapter 91 to carry out the purposes of this part.
Haw. Rev. Stat. § 201H-227 — HI Code / Division 1 / Title 13 / Chapter 201H / Section 201H-227
Additional powers.
Status: in_force

The powers conferred upon the corporation by this part shall be in addition and supplemental to the powers conferred by any other law, and nothing in this part shall be construed as limiting any powers, rights, privileges, or immunities so conferred.
Haw. Rev. Stat. § 206M-15.1 — HI Code / Division 1 / Title 13 / Chapter 206M / Section 206M-15.1
Manufacturing development program; established.
Status: in_force

(a) There is established the manufacturing development program, through which the development corporation may provide grants to any business in Hawaii that is a manufacturer in the State and requires assistance for any of the following items:

(1) Purchasing of manufacturing equipment;

(2) Training of employees on the use of manufacturing equipment;

(3) Improving existing energy efficiency manufacturing equipment or the purchase of improved energy efficiency equipment in the manufacturing process; or

(4) Studying or planning the implementation of a new manufacturing facility;

provided that no grant shall exceed twenty per cent of the cost of any of the above items, and no company shall receive a grant exceeding $100,000 in any given year.

(b) All moneys necessary to carry out the purposes of this section shall be appropriated by the legislature through appropriations out of the state general fund.

(c) In reviewing grant applications pursuant to this section, the development corporation shall analyze each application to determine whether the item to be undertaken will be economically viable and beneficial to the State.

(d) The development corporation shall submit a report to the legislature no later than twenty days prior to the convening of the regular session held in every even-numbered year. The report shall include the following items:

(1) The total number of grants provided;

(2) The sectors provided with grants;

(3) The total projected economic and employment growth facilitated by the grants provided; and

(4) The actual economic and employment growth that occurred as a result of the grants provided. [L 2015, c 215, §1]
Haw. Rev. Stat. § 209-30 — HI Code / Division 1 / Title 13 / Chapter 209 / Section 209-30
Terms.
Status: in_force

(a) No loan shall include any portion or item of loss covered by a contract of insurance or for which the applicant receives assistance from any other federal, state, or county program of disaster relief, and the amount of loans to any one applicant shall in no case exceed $75,000 for a commercial loan and $35,000 for a personal loan.

(b) No loan shall be made for a term exceeding twenty years.

(c) Each loan shall bear simple interest at the rate of five per cent a year for direct loans and the State's share of participating loans.

(d) The commencement date for the repayment of the first installment on principal only for each loan may be deferred for a period of six months from the date of the loan. [L 1961, c 189, §16; Supp, §98P-16; HRS §209-30; am L 1976, c 205, §1(2); am L 1990, c 71, §1; am L 1993, c 334, §1]
Haw. Rev. Stat. § 226-18 — HI Code / Division 1 / Title 13 / Chapter 226 / Section 226-18
Objectives and policies for facility systems--energy.
Status: in_force

(a) Planning for the State's facility systems with regard to energy shall be directed toward the achievement of the following objectives, giving due consideration to all:

(1) Dependable, efficient, and economical statewide energy systems capable of supporting the needs of the people;

(2) Increased energy security and self-sufficiency through the reduction and ultimate elimination of Hawaii's dependence on imported fuels for electrical generation and ground transportation;

(3) Greater diversification of energy generation in the face of threats to Hawaii's energy supplies and systems;

(4) Reduction, avoidance, or sequestration of greenhouse gas emissions from energy supply and use; and

(5) Utility models that make the social and financial interests of Hawaii's utility customers a priority.

(b) To achieve the energy objectives, it shall be the policy of this State to ensure the short- and long-term provision of adequate, reasonably priced, and dependable energy services to accommodate demand.

(c) To further achieve the energy objectives, it shall be the policy of this State to:

(1) Support research and development as well as promote the use of renewable energy sources;

(2) Ensure that the combination of energy supplies and energy-saving systems is sufficient to support the demands of growth;

(3) Base decisions of least-cost supply-side and demand-side energy resource options on a comparison of their total costs and benefits when a least-cost is determined by a reasonably comprehensive, quantitative, and qualitative accounting of their long-term, direct and indirect economic, environmental, social, cultural, and public health costs and benefits;

(4) Promote all cost-effective conservation of power and fuel supplies through measures, including:

(A) Development of cost-effective demand-side management programs;

(B) Education;

(C) Adoption of energy-efficient practices and technologies; and

(D) Increasing energy efficiency and decreasing energy use in public infrastructure;

(5) Ensure, to the extent that new supply-side resources are needed, that the development or expansion of energy systems uses the least-cost energy supply option and maximizes efficient technologies;

(6) Support research, development, demonstration, and use of energy efficiency, load management, and other demand-side management programs, practices, and technologies;

(7) Promote alternate fuels and transportation energy efficiency;

(8) Support actions that reduce, avoid, or sequester greenhouse gases in utility, transportation, and industrial sector applications;

(9) Support actions that reduce, avoid, or sequester Hawaii's greenhouse gas emissions through agriculture and forestry initiatives;

(10) Provide priority handling and processing for all state and county permits required for renewable energy projects;

(11) Ensure that liquefied natural gas is used only as a cost-effective transitional, limited-term replacement of petroleum for electricity generation and does not impede the development and use of other cost-effective renewable energy sources; and

(12) Promote the development of indigenous geothermal energy resources that are located on public trust land as an affordable and reliable source of firm power for Hawaii. [L 1978, c 100, pt of §2; am L 1986, c 276, §17; am L 1990, c 319, §2; am L 1994, c 96, §4; am L 2000, c 176, §1; am L 2007, c 205, §6; am L 2009, c 155, §17 and c 156, §3; am L 2012, c 193, §1; am L 2015, c 38, §2]
Haw. Rev. Stat. § 201H-46 — HI Code / Division 1 / Title 13 / Chapter 201H / Section 201H-46
Co-mortgagor.
Status: in_force

For purposes of qualifying for a mortgage loan to finance the purchase of a dwelling unit under this part, a qualified resident as defined in section 201H‑32 may be assisted by a co-mortgagor who is a family member as defined by the corporation, and who may include extended or hanai family members, who may own other lands in fee simple or leasehold suitable for dwelling purposes, whose interest in the dwelling unit to be purchased is limited to no more than one per cent, and who certifies that the co-mortgagor does not intend to reside in the dwelling unit. The income and assets of the co-mortgagor shall not be counted in determining the eligibility of the qualified resident under this chapter.
Haw. Rev. Stat. § 206E-16 — HI Code / Division 1 / Title 13 / Chapter 206E / Section 206E-16
Hawaii community development special fund.
Status: in_force

There is created the Hawaii community development special fund into which all receipts and revenues of the authority shall be deposited. Proceeds from the fund shall be used for the purposes of this chapter.
Haw. Rev. Stat. § 206M-78 — HI Code / Division 1 / Title 13 / Chapter 206M / Section 206M-78
[ §206M-78] Venture capital investments.
Status: in_force

[ §206M-78] Venture capital investments. Subject to this subpart, the development corporation may invest in:

(1) A certified development company under sections 501 to 503 of the Small Business Investment Act of 1958 (15 U.S.C. 695 to 697) and the regulations adopted under those sections;

(2) A small business investment company under the Small Business Investment Act (15 U.S.C. 631 to 634, 636 to 649) and the regulations adopted under those sections;

(3) A minority enterprise small business investment corporation or equivalent venture capital corporation;

(4) A similar entity that may leverage its capital under a federal program; or

(5) A venture capital fund or partnership. [L 2019, c 56, pt of §2]
Haw. Rev. Stat. § 206E-11 — HI Code / Division 1 / Title 13 / Chapter 206E / Section 206E-11
Construction contracts.
Status: in_force

The authority shall award construction contracts in conformity with the applicable provisions of chapter 103D.
Haw. Rev. Stat. § 210-7.5 — HI Code / Division 1 / Title 13 / Chapter 210 / Section 210-7.5
Loans guaranteed by the department.
Status: in_force

(a) The department may guarantee up to ninety per cent of the principal balance of a loan made to a qualified small business concern by a private lender who is unable to otherwise lend the applicant sufficient funds at reasonable rates; provided that at no time shall the aggregate amount of the State's liability, contingent or otherwise, on loans guaranteed under this section exceed $10,000,000 based on a reserve level established at twenty-five per cent of the loan guarantee amount, with the reserve amount to be funded being calculated by determining the difference between the capital loan revolving fund balance at the beginning of each fiscal year and its annual authorization ceiling, excluding capital loan balances allocated to underground storage tank projects.

(b) Loans guaranteed under this section shall be limited by section 210-6, except that through regulation, the department may specify:

(1) That loan guarantees are to be limited to businesses in industries identified by rule as offering significant potential contributions to the growth or diversification of the State's economic base;

(2) The conditions under which the State may become a co-guarantor or a subordinate guarantor to a loan guarantee offered by a federal government program; and

(3) The specific types of loans that may be guaranteed under this program, consistent with paragraph (1), including product export financing, contract order-based loans, and processing plant or factory loans.

(c) Interest charged on a guaranteed loan made under this section shall be determined by the department based on the market rate of interest charged by the private lender for a similar type of loan unless waived by the director.

(d) When the application for a guaranteed loan has been approved by the department, the department shall issue to the lender a guaranty for that percentage of the loan on which it guarantees payment of principal and interest. The lender shall collect all payments from the borrower and otherwise service the loan.

(e) In return for the department's guaranty, the lender shall remit a one-time fee of two per cent on the principal amount of the guaranteed portion of the loan, at the time the loan is booked, except for the following:

(1) On loans of $75,000 or less with a maturity exceeding twelve months, a reduced fee of one per cent; and

(2) On loans with a maturity of twelve months or less, a reduced fee of one per cent shall be paid.

This fee may be paid by the borrower as a cost for the loan.

(f) When any installment of principal and interest has been due for sixty days and has not been paid by the borrower, the department shall issue, on request of the lender, a check for the percentage of the overdue payment guaranteed, thereby acquiring a division of interest in the collateral pledged by the borrower in proportion to the amount of the payment. The department shall be reimbursed for any amounts so paid plus the applicable interest rate, where payment is collected from the borrower.

(g) Under conditions specified in rules adopted by the department, the lender may request that a portion or all of the guaranteed percentage of the principal balance of the loan be converted to a participating share held by the department.

(h) Should the lender deem that foreclosure proceedings are necessary to collect moneys due from the borrower, it shall so notify the department. Within thirty days of the notification, the department may elect to request an assignment of the loan on payment in full to the lender of the principal balance and interest due. Foreclosure proceedings shall be held in abeyance in the interim.

(i) The lender may reduce the percentage of the principal balance guaranteed under this section at any time. [L 1998, c 104, §2]
Haw. Rev. Stat. § 201H-24 — HI Code / Division 1 / Title 13 / Chapter 201H / Section 201H-24
[ §201H-24] Affordable multi-family rental housing; redevelopment.
Status: in_force

[ §201H-24] Affordable multi-family rental housing; redevelopment. After issuing a special management area use permit pursuant [to] section 205A-29.5, the county planning department in the respective county and any other state or county agency authorized to issue a permit or approval shall prioritize approving permits to redevelop the permanent affordable multi-family rental housing.
Haw. Rev. Stat. § 206J-17 — HI Code / Division 1 / Title 13 / Chapter 206J / Section 206J-17
Aloha Tower fund.
Status: in_force

(a) There is created the Aloha Tower fund. All moneys, rentals, charges, other revenues of the development corporation, and moneys or charges received by the department of transportation, including reimbursements for costs and staff services as a result of planning, development, or redevelopment of the lands located seaward of Nimitz Highway between Pier 4 and Pier 11 shall be deposited into the fund.

(b) The development corporation may establish a separate account with respect to each issue of bonds issued under this chapter and direct that the moneys, rentals, charges, and other revenues pledged to the payment of the bond issue be credited to that account and, as permitted by section 206J-12(g)(7), designate a trustee to receive and receipt for, hold, and administer the moneys in the account. Moneys credited to a separate account held by a trustee may be paid directly to the trustee; provided that appropriate entries are made for purposes of accounting.

(c) The moneys on deposit in the fund shall be used for the purposes of this chapter, lease payments to the department of transportation, and for the development, redevelopment, or improvement of the Honolulu Waterfront located seaward of Nimitz Highway between Pier 4 and Pier 11. [L 1981, c 236, pt of §1; am L 1986, c 146, §14; am L 1994, c 137, §3; am L 2011, c 152, §3]
Haw. Rev. Stat. § 225P-1 — HI Code / Division 1 / Title 13 / Chapter 225P / Section 225P-1
Purpose.
Status: in_force

The purpose of this chapter is to address the effects of climate change to protect the State's economy, environment, health, and way of life. This chapter establishes the framework for the State to:

(1) Adapt to the inevitable impacts of global warming and climate change, including rising sea levels, temperatures, and other risk factors; and

(2) Mitigate its greenhouse gas emissions by sequestering more atmospheric carbon and greenhouse gases than the State produces as quickly as practicable, but no later than 2045. [L 2014, c 83, pt of §2; am L 2017, c 32, §§6, 10; am L 2018, c 15, §§3, 4]
Haw. Rev. Stat. § 202-10 — HI Code / Division 1 / Title 13 / Chapter 202 / Section 202-10
Report on workforce development programs.
Status: in_force

The department of labor and industrial relations, University of Hawaii, department of human services, department of education, department of corrections and rehabilitation, and department of business, economic development, and tourism shall annually report to the governor, legislature, and the workforce development council on the programs being offered, the number of individuals that have been placed in employment through their respective workforce development programs, the type or category of employment garnered, and the amount and nature of expenditures made on workforce development programs. The departments and University of Hawaii shall post their respective reports electronically on the Internet.

Revision Note

Subsection designation deleted pursuant to §23G-15.
Haw. Rev. Stat. § 201-64 — HI Code / Division 1 / Title 13 / Chapter 201 / Section 201-64
Streamlining activities.
Status: in_force

The department may:

(1) Monitor permits on an ongoing basis to determine the source of inefficiencies, delays, and duplications and the status of permits in progress;

(2) Pursue the implementation of streamlining measures including, but not necessarily limited to, those measures defined in consultation with affected state agencies, county central coordinating agencies, and members of the public; and

(3) Design applications, checklists, and other forms essential to the implementation of approved streamlining measures in coordination with involved state and county regulatory agencies, and members of the public. [L 1985, c 237, pt of §4; am L 1987, c 87, pt of §1]
Haw. Rev. Stat. § 210-2 — HI Code / Division 1 / Title 13 / Chapter 210 / Section 210-2
Hawaii capital loan program.
Status: in_force

There is created a capital loan program which shall be administered by the director of business, economic development, and tourism in accordance with the spirit and intent of this chapter.
Haw. Rev. Stat. § 206-43 — HI Code / Division 1 / Title 13 / Chapter 206 / Section 206-43
Existing obligations, no impairment.
Status: in_force

Nothing contained in this chapter shall impair or affect any outstanding notes, contracts, or obligations of the State or of the board of land and natural resources.
Haw. Rev. Stat. § 201H-8 — HI Code / Division 1 / Title 13 / Chapter 201H / Section 201H-8
Housing counseling.
Status: in_force

The corporation may provide the following services for the programs it administers:

(1) Listing and referral services to tenants seeking to rent homes;

(2) Counseling to tenants on matters such as financial management and budgeting, basic housekeeping, communicating effectively and getting along with others, and other matters as may be desirable or necessary;

(3) Counseling to prospective homeowners on the rudiments of owning a home;

(4) Assistance to any person or government agency regarding the nature and availability of federal assistance for housing development and community development or redevelopment;

(5) Counseling and guidance services to aid: any person or government agency in securing the financial aid or cooperation of the federal government in undertaking, constructing, maintaining, operating, or financing any housing designated for elders; persons displaced by governmental action; university and college students and faculty; and any other persons; and

(6) Assistance to a county agency upon request from the agency in the development of programs to correct or eliminate blight and deterioration and to effect community development. [L 2005, c 196, pt of §20; am L 2006, c 180, §15]
Haw. Rev. Stat. § 201-2 — HI Code / Division 1 / Title 13 / Chapter 201 / Section 201-2
General objective, functions, and duties of department.
Status: in_force

(a) It shall be the objective of the department of business, economic development, and tourism to make broad policy determinations with respect to economic development in the State and to stimulate through research and demonstration projects those industrial and economic development efforts that offer the most immediate promise of expanding the economy of the State. The department shall endeavor to gain an understanding of those functions and activities of other governmental agencies and of private agencies that relate to the field of economic development. It shall, at all times, encourage initiative and creative thinking in harmony with the objectives of the department.

(b) The department of business, economic development, and tourism shall have jurisdiction over state planning under chapter 225M and the Hawaii State Planning Act under chapter 226 . Due to the inherently interdependent functions of development, planning, and land use, these functions shall not be transferred by executive order, directive, or memorandum, to any other department, nor shall these functions be subject to review or approval by any other department. [L 1955, c 264, pt of §1; RL 1955, §28A-5; am L 1957, c 23, §4; am L Sp 1959 2d, c 1, §§10, 25; am L 1963, c 2, §3; HRS §201-2; am L 1987, c 336, §7; am L 1990, c 293, §8; am L Sp 2005, c 12, §2; am L 2021, c 153, §3]