Haw. Rev. Stat. § 206M-19 — HI Code / Division 1 / Title 13 / Chapter 206M / Section 206M-19
Court proceedings; preferences.
Status: in_force

Any action or proceeding to which the development corporation, the State, or a county may be party, in which any question arises as to the validity of this chapter, shall be preferred over all other civil causes, except election cases, without respect to position on the calendar. The same preference shall be given upon application of counsel for the development corporation in any action or proceeding questioning the validity of this chapter in which the development corporation has duly intervened.
Haw. Rev. Stat. § 201H-52 — HI Code / Division 1 / Title 13 / Chapter 201H / Section 201H-52
Nonprofit organizations and government agencies.
Status: in_force

(a) The corporation may retain dwelling units in a project to the extent it determines necessary and appropriate, for sale, lease, or rental to nonprofit organizations and government agencies. The dwelling units shall be used by the nonprofit organizations and government agencies to provide housing opportunities and related support services to special needs individuals or families. These purposes include but are not limited to the use of dwelling units for group homes and congregate living facilities and for government employees in special situations. The corporation, in consultation with other appropriate government agencies, shall adopt rules pursuant to chapter 91 necessary to implement this subsection, including but not limited to rules relating to the eligibility and qualifications of nonprofit organizations and government agencies; the eligibility and qualifications of clients of nonprofit organizations and government agencies to whom housing opportunities may be made available; and restrictions on the use, sale, or transfer of, and authorizing repurchase of, dwelling units sold, leased, or rented pursuant to this subsection.

The corporation, to the extent appropriate, shall have the same powers with respect to nonprofit organizations and government agencies purchasing, leasing, or renting dwelling units as the corporation has with respect to qualified residents purchasing, leasing, or renting dwelling units.

(b) In connection with the development of any residential units under this chapter, the corporation may provide for the development of appropriate community facilities. The corporation may:

(1) Sell, lease, or rent vacant land or land with site improvements to nonprofit organizations or government agencies to develop community facilities; or

(2) Develop, on behalf of the State or with an eligible developer, the community facilities and then sell, lease, rent, or otherwise transfer or make available these facilities to nonprofit organizations or government agencies.

The corporation shall adopt rules pursuant to chapter 91 necessary to implement this subsection. [L 2006, c 180, pt of §3]
Haw. Rev. Stat. § 206M-8 — HI Code / Division 1 / Title 13 / Chapter 206M / Section 206M-8
Project agreement.
Status: in_force

(a) No special purpose revenue bonds shall be issued unless at the time of issuance the development corporation shall have entered into a project agreement with respect to the project or economic zone for the financing of which the special purpose revenue bonds are to be issued. Any project agreement entered into by the development corporation with a qualified person shall contain provisions unconditionally obligating the qualified person:

(1) To pay the development corporation during the period or term of the project agreement, exclusive of any renewal or extension thereof and whether or not the project or economic zone to which the project agreement relates is used or occupied by the qualified person, at the time or times and in the amount or amounts that will be at least sufficient:

(A) To pay the principal of, and premium, if any, and interest on all special purpose revenue bonds issued to finance the cost of the project, or an allocable portion of the special purpose revenue bonds issued to finance the economic zone, as the case may be, as and when the special purpose revenue bonds become due, including upon any required redemption thereof;

(B) To establish or maintain the reserves, if any, as may be required by the instrument authorizing or securing the special purpose revenue bonds, or an allocable portion of the reserves, if less than all of the proceeds of the special purpose revenue bonds are utilized for the qualified person;

(C) To pay the fees and expenses of the paying agents and trustees for the special purpose revenue bonds, or an allocable portion of the fees and expenses, if less than all of the proceeds of the special purpose revenue bonds are utilized for the qualified person; and

(D) To pay the expenses incurred by the development corporation in administering the special purpose revenue bonds or in carrying out the project agreement, or an allocable portion of the expenses, if less than all of the proceeds of the special purpose revenue bonds are utilized for the qualified person; and

(2) To operate, maintain, and repair the project as long as the project is used as provided in the project agreement and to pay all costs of the operation, maintenance, and repair.

(b) The development corporation in determining the cost of any project, may also include the following:

(1) Financing charges, fees, and expenses of any trustee and paying agents for special purpose revenue bonds issued to pay the cost of the project;

(2) Interest on the bonds and the expenses of the State in connection with the bonds and the project to be financed from the proceeds of the bonds accruing or incurred prior to and during the estimated period of construction and for not exceeding twelve months thereafter;

(3) Amounts necessary to establish or increase reserves for the special purpose revenue bonds;

(4) The cost of plans, specifications, studies, surveys, and estimates of costs and of revenues;

(5) Other expenses incidental to determining the feasibility or practicability of the project;

(6) Administration expenses;

(7) Legal, accounting, consulting, and other special service fees;

(8) Interest cost incurred by the project party with respect to the project prior to the issuance of the special purpose revenue bonds; and

(9) Other costs, commissions, and expenses incidental to the acquisition, construction, improvement, installation, equipping, or development of the project, the financing, placing of same in operation, and the issuance of the special purpose revenue bonds, whether incurred prior to or after the issuance of the bonds.

(c) Any project agreement entered into by the development corporation may contain provisions as the development corporation deems necessary or desirable to obtain or permit the participation of the state and federal government in the project or economic zone or in the financing of the cost thereof.

(d) A project agreement also shall provide that the development corporation shall have all rights and remedies generally available at law or in equity to reenter and take possession of a project upon the breach or default by a qualified person of any term, condition, or provision of a project agreement.

(e) Each qualified person with a project agreement with the development corporation shall allow the development corporation full access to the qualified person's financial records. Upon the request of the development corporation for the examination of any financial records, the qualified person shall allow the development corporation to examine the requested records within a reasonably prompt time from the date of the request. If the development corporation requests copies of the records, the qualified person shall provide the copies.

(f) To provide the public with full knowledge of the use of the proceeds and benefits derived from special purpose revenue bonds issued under this chapter, the development corporation shall require each qualified person with a project agreement with the development corporation to make available to the public all relevant financial records that pertain to the use of or savings resulting from the use of special purpose revenue bonds.

(g) Each qualified person with a project agreement with the development corporation shall estimate the benefits derived from the use of the proceeds of special purpose revenue bonds. The benefits estimated shall be based on the creation of new jobs and potential effect on tax receipts. The format of and method for determining the estimates shall be established by the development corporation and shall be uniform for each qualified person.

(h) To promote public understanding of the role played by special purpose revenue bonds in providing benefits to the general public, the development corporation shall take appropriate steps to ensure public access to and scrutiny of the estimates determined under subsection (g).

(i) The development corporation shall adopt rules under chapter 91 for the purposes of this section.

(j) Moneys received by the development corporation pursuant to subsection (a)(1)(D) shall not be, nor be deemed to be, revenues or receipts derived under the project agreement which may be pledged as security for special purpose revenue bonds and shall be paid into the technology special fund.

A qualified person may comply with the unconditional obligation to make payments required by subsection (a), if the obligations are unconditionally guaranteed or insured by, or the performance thereof assigned to, or guaranteed or insured by, a person or persons other than the qualified person who is satisfactory to the development corporation. [L 1983, c 152, pt of §2; am L 2000, c 72, §12; am L 2001, c 55, §7; am L 2017, c 69, §5; am L 2022, c 55, §2]
Haw. Rev. Stat. § 223-3 — HI Code / Division 1 / Title 13 / Chapter 223 / Section 223-3
Diversification of economic development and population growth.
Status: in_force

The office of planning and sustainable development shall develop a strategic plan as part of its quality growth policy. The plan shall develop recommendations on dispersing economic development and population growth to prevent overpopulation or overdevelopment of any one county within the State.
Haw. Rev. Stat. § 201B-4 — HI Code / Division 1 / Title 13 / Chapter 201B / Section 201B-4
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:

(1) Information that is proprietary to a particular enterprise or the disclosure of which might be harmful to the business interests of the enterprise; or

(2) Information that is necessary to protect Hawaii's competitive advantage as a visitor destination; provided that information relating to marketing plans and strategies may be disclosed after the execution of the marketing plans and strategies,

the board may enter into an executive meeting that is closed to the public in accordance with the procedures provided for holding an executive meeting under part I of chapter 92.

(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 board to respect the proprietary requirements of enterprises with which it has business dealings. [L 1998, c 156, pt of §2; am L 2010, c 102, §2; am L 2018, c 18, §4]
Haw. Rev. Stat. § 211D-7 — HI Code / Division 1 / Title 13 / Chapter 211D / Section 211D-7
Limitations on state contribution to reserve account.
Status: in_force

(a) The amount deposited by the department into a participating financial institution's reserve account for any single loan recipient may not exceed $100,000 during a three-year period.

(b) The maximum amount the department may deposit into a reserve account for each capital access loan made under this chapter is the lesser of $35,000 or an amount equal to:

(1) Eight per cent of the loan amount if:

(A) The borrower is an eligible enterprise zone business located in an area designated as an enterprise zone under chapter 209E; or

(B) The borrower is a small or medium-size business or a nonprofit organization that operates or proposes to operate a child care facility or adult residential care home; or

(2) Six per cent of the loan amount for any other borrower. [L 2000, c 290, pt of §2]
Haw. Rev. Stat. § 206E-118 — HI Code / Division 1 / Title 13 / Chapter 206E / Section 206E-118
Advance commitments program.
Status: in_force

(a) The authority may contract with a mortgage lender for the advance commitment to purchase eligible loans or eligible project loans.

(b) The contract may contain provisions as determined by the authority to be necessary or appropriate to provide security for its revenue bonds. [L 1982, c 228, pt of §8]
Haw. Rev. Stat. § 205-13 — HI Code / Division 1 / Title 13 / Chapter 205 / Section 205-13
Penalty for violation.
Status: in_force

[(a)] Any person who violates any provision under section 205-4.5, or any regulation established relating thereto, shall be fined not more than $5,000, and any person who violates any other provision of this chapter, or any regulation established relating thereto, shall be fined not more than $1,000.

[(b)] If any person cited for a violation under this chapter fails to remove such violation within six months of such citation and the violation continues to exist, such person shall be subject to a citation for a new and separate violation. There shall be a fine of not more than $5,000 for any additional violation.

[(c)] Prior to the issuance of any citation for a violation, the appropriate enforcement officer or agency shall notify the violator and the mortgagee, if any, of such violation, and the violator or the mortgagee, if any, shall have not more than sixty days to cure the violation before citation for a violation is issued. [L 1963, c 205, pt of §2; Supp, §98H-13; HRS §205-13; am L 1976, c 199, §3]
Haw. Rev. Stat. § 201H-170 — HI Code / Division 1 / Title 13 / Chapter 201H / Section 201H-170
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. § 201H-203 — HI Code / Division 1 / Title 13 / Chapter 201H / Section 201H-203
Eligible applicants for funds.
Status: in_force

Eligible applicants for funds shall include nonprofit and for-profit organizations, limited liability companies, partnerships, and government agencies, who are qualified in accordance with rules adopted by the corporation pursuant to chapter 91.
Haw. Rev. Stat. § 206M-84 — HI Code / Division 1 / Title 13 / Chapter 206M / Section 206M-84
[ §206M-84] Program for capital access participation agreements.
Status: in_force

[ §206M-84] Program for capital access participation agreements. The development corporation shall enter into agreements with lenders for participation in the program for capital access that shall include but not be limited to:

(1) Authorization for the lender to determine, collect, and transmit to the development corporation a fee or premium charge within a specified range established consistent with the purposes and objectives of the development corporation;

(2) Specification of whether the premium charge shall be paid by the lender, the borrower, the development corporation, or by a combination thereof in specified proportions;

(3) The procedure by which a lender may make a claim upon the development corporation upon default by the borrower, and the conditions under which a claim may be made; and

(4) The maximum amount of claims a lender may make upon the development corporation, which amount may be equal to or less than the proportion of the total premiums contributed by the development corporation. [L 2019, c 56, pt of §2]
Haw. Rev. Stat. § 201-16 — HI Code / Division 1 / Title 13 / Chapter 201 / Section 201-16
Annual report; workforce development.
Status: in_force

The department of business, economic development, and tourism shall submit an annual report to the legislature on the department's efforts to increase the number of high-skilled jobs in targeted industry clusters consistent with the efforts of the workforce development council. The department of business, economic development, and tourism shall post the annual report electronically on the Internet.
Haw. Rev. Stat. § 205-18 — HI Code / Division 1 / Title 13 / Chapter 205 / Section 205-18
Review of districts.
Status: in_force

The office of planning and sustainable development may undertake a review of the classification and districting of all lands in the State. The office, in its boundary review, shall focus its efforts on reviewing the Hawaii state plan, county general plans, and county development and community plans. Upon completion of the boundary review, the office shall submit a report of the findings to the commission, governor, legislature, and appropriate state and county agencies. The office may initiate state land use boundary amendments which it deems appropriate to conform to these plans. The office may seek the assistance of appropriate state and county agencies and may employ consultants and undertake studies in making this review.
Haw. Rev. Stat. § 201-102 — HI Code / Division 1 / Title 13 / Chapter 201 / Section 201-102
Advisory committees.
Status: in_force

(a) The director of business, economic development, and tourism may form advisory committees to assist in the formulation of recommendations concerning the development of markets for recycled materials. The recommendations shall address the removal of impediments to, as well as the establishment of incentives for, the use of recycled materials by businesses or energy producers in order to expand markets for recyclable materials.

(b) At the discretion of the director, committee members may include, but need not be limited to:

(1) The director of health;

(2) The director of the office of planning and sustainable development;

(3) The chairperson of the board of land and natural resources;

(4) The comptroller;

(5) The chairperson of the public utilities commission;

(6) The director of transportation;

(7) The county integrated solid waste management coordinators;

(8) One representative each from the not-for-profit recycling industry, the for-profit recycling industry, the solid waste collection industry, the recycling processing industry, the recycling brokerage and marketing industry, the shipping industry, and an environmental advocacy group; and

(9) An elected official from each county;

or their designated representatives. [L 1991, c 324, pt of §3; am L 1996, c 299, §3; am L 2021, c 153, §8]
Haw. Rev. Stat. § 201B-8 — HI Code / Division 1 / Title 13 / Chapter 201B / Section 201B-8
Convention center enterprise special fund.
Status: in_force

(a) There is established the convention center enterprise special fund, into which shall be deposited:

(1) A portion of the revenues from the transient accommodations tax, as provided by section 237D-6.5;

(2) All revenues or moneys derived from the operations of the convention center to include all revenues from the food and beverage service, all revenues from the parking facilities or from any concession, and all revenues from the sale of souvenirs, logo items, or any other items offered for purchase at the convention center;

(3) Private contributions, interest, compensation, gross or net revenues, proceeds, or other moneys derived from any source or for any purpose arising from the use of the convention center facility; and

(4) Appropriations by the legislature for marketing the facility pursuant to section 201B-7(a)(7).

(b) Moneys in the convention center enterprise special fund shall be used by the authority for the payment of expenses arising from any and all use, operation, maintenance, alteration, improvement, or any unforeseen or unplanned repairs of the convention center, including without limitation the food and beverage service and parking service provided at the convention center facility, the sale of souvenirs, logo items, or other items, for any future major repair, maintenance, and improvement of the convention center facility as a commercial enterprise or as a world class facility for conventions, entertainment, or public events, and for marketing the facility pursuant to section 201B-7(a)(7).

(c) Moneys in the convention center enterprise special fund may be:

(1) Placed in interest-bearing accounts; provided that the depository in which the money is deposited furnishes security as provided in section 38-3; or

(2) Otherwise invested by the authority until such time as the moneys may be needed; provided that the authority shall limit its investments to those listed in section 36-21.

All interest accruing from investment of the moneys shall be credited to the convention center enterprise special fund. [L 2002, c 253, §2; am L 2005, c 235, §6; am L 2014, c 81, §3; am L 2015, c 121, §6; am L 2018, c 86, §2; am L Sp 2021, c 1, §20]
Haw. Rev. Stat. § 206-10 — HI Code / Division 1 / Title 13 / Chapter 206 / Section 206-10
Restrictions on sale and use of residential lots by purchaser.
Status: reserved

(a) For a period of five years after the date of purchase of any lot under this chapter (which date shall be deemed to be the date of the agreement of sale or deed under which the lot was originally purchased or agreed to be purchased) the lot shall not be sold by the original purchaser thereof unless the same, together with the improvements thereon has first been offered in writing to the board of land and natural resources under the option reserved by this chapter and the board has either refused or failed within the time required by this section to exercise the option.

(b) Any original purchaser intending to sell any lot and improvements within the five-year period shall first notify the board in writing of the original purchaser's intention. The notice shall specify the original purchaser's address and shall expressly offer to sell the property to the board at a price that shall not exceed the sum of the:

(1) Original cost of the land; and

(2) Replacement value, less depreciation at the rates used for real property tax purposes, of all buildings and improvements thereon, to be determined by three appraisers; one appointed by the board, one appointed by the owner, and the third by the two appraisers so appointed, the cost to be borne equally by the parties.

Within thirty days after the receipt of the notice, the board in writing shall notify the original purchaser at the specified address whether it elects to exercise the option. If the board refuses, or fails within the thirty-day period, to reply to the offer, the original purchaser may sell the property to any other person free from any price restrictions; provided that if the board elects to purchase, the board shall use its best efforts to redispose of the property as soon as practicable subject to the lien of any mortgage, to a qualified and responsible person who will assume the obligation of mortgage and debt secured thereby.

(c) The board may resell any lot and improvements so purchased at a price not to exceed the actual cost thereof to the board, with the addition of a reasonable amount to cover overhead and estimated and actual expenses.

(d) Any original deed or original agreement of sale from the board to any original purchaser of a residence lot shall contain a covenant running with the land (and shall, whether or not the condition is contained in the instrument, be subject to the requirement) that the original purchaser shall erect on the lot, within two years following the date of purchase, a suitable residence building to conform to the terms set forth in the instrument, with a proviso that the board may, on application of the original purchaser, extend the period from time to time for good cause shown. Other reasonable restrictions designed to prevent the lots from becoming slum areas may be established by the board for any development project and included in the agreement of sale or deeds as covenants running with the land for a term of twenty-one years.

(e) No residence lot shall be used for any purpose other than residence purposes for a period of twenty-one years following the date of the first sale of such lot by the board; provided that in the event the lot is zoned or rezoned by governmental authority for nonresidence purposes, the restriction shall be relaxed to the extent permitted by the zoning laws or regulations.

(f) Subsections (a) and (b) of this section shall not be applicable to a sale under foreclosure by a mortgagee of any lot, or to the transfer of title by a mortgagee after foreclosure or otherwise to any agency of the United States government pursuant to the terms of any insurance or guarantee of mortgage loan by such agency, or to any subsequent purchaser. [L 1961, c 6, pt of §10; am L 1965, c 157, pt of §4; Supp, pt of §98J-10; HRS §206-10; gen ch 1985; am L 2017, c 12, §20]
Haw. Rev. Stat. § 205A-29 — HI Code / Division 1 / Title 13 / Chapter 205A / Section 205A-29
Special management area use permit procedure.
Status: in_force

(a) The authority in each county, upon consultation with the central coordinating agency, shall adopt rules under chapter 91 setting the special management area use permit application procedures, conditions under which hearings must be held, and the time periods within which the hearing and action for special management area use permits shall occur. The authority shall provide for adequate notice to individuals whose property rights may be adversely affected and to persons who have requested in writing to be notified of special management area use permit hearings or applications. The authority shall also provide public notice that is, at a minimum, circulated throughout the county at least twenty days in advance of the hearing. The authority may require a reasonable filing fee which shall be used for the purposes set forth herein.

Any rule adopted by the authority shall be consistent with the objectives, policies, and special management area guidelines provided in this chapter. Action on the special management permit shall be final unless otherwise mandated by court order.

(b) No agency authorized to issue permits pertaining to any development within the special management area shall authorize any development unless approval is first received in accordance with the procedures adopted pursuant to this part. For the purposes of this subsection, county general plan, state land use district boundary amendments, and zoning changes are not permits. [L 1975, c 176, pt of §1; am L 1977, c 188, §11; am L 1979, c 200, §12; am L 1989, c 356, §8; am L 1998, c 2, §62; am L 2020, c 16, §6]
Haw. Rev. Stat. § 226-105 — HI Code / Division 1 / Title 13 / Chapter 226 / Section 226-105
Crime and criminal justice.
Status: in_force

Priority guidelines in the area of crime and criminal justice:

(1) Support law enforcement activities and other criminal justice efforts that are directed to provide a safer environment.

(2) Target state and local resources on efforts to reduce the incidence of violent crime and on programs relating to the apprehension and prosecution of repeat offenders.

(3) Support community and neighborhood program initiatives that enable residents to assist law enforcement agencies in preventing criminal activities.

(4) Reduce overcrowding or substandard conditions in correctional facilities through a comprehensive approach among all criminal justice agencies which may include sentencing law revisions and use of alternative sanctions other than incarceration for persons who pose no danger to their community.

(5) Provide a range of appropriate sanctions for juvenile offenders, including community-based programs and other alternative sanctions.

(6) Increase public and private efforts to assist witnesses and victims of crimes and to minimize the costs of victimization. [L 1978, c 100, pt of §2; am L 1984, c 236, §17; am L 1986, c 276, §32]
Haw. Rev. Stat. § 201H-92 — HI Code / Division 1 / Title 13 / Chapter 201H / Section 201H-92
Owner-occupancy requirement.
Status: in_force

(a) An eligible borrower shall use the dwelling unit purchased under this subpart as the eligible borrower's permanent and primary residence.

(b) From time to time, the corporation may submit a verification of owner-occupancy form to the eligible borrower. Failure to respond to this verification in a timely manner may result in an immediate escalation of the interest rate or acceleration of the eligible loan.

(c) For eligible borrowers in the process of selling or transferring title to their property, the corporation may grant a waiver of subsection (a) for a period not to exceed three years and for reasons set forth in section 201H-49 on a case-by-case basis. [L 2006, c 180, pt of §4]
Haw. Rev. Stat. § 205-12 — HI Code / Division 1 / Title 13 / Chapter 205 / Section 205-12
Enforcement.
Status: in_force

The appropriate officer or agency charged with the administration of county zoning laws shall enforce within each county the use classification districts adopted by the land use commission and the restriction on use and the condition relating to agricultural districts under section 205-4.5 and shall report to the commission all violations.
Haw. Rev. Stat. § 201H-225 — HI Code / Division 1 / Title 13 / Chapter 201H / Section 201H-225
Rules; guidelines.
Status: in_force

(a) Government employee housing program project units on state land shall not be advertised for rent, subleased, or used for any non-residential use. The corporation, by rule, shall establish penalties for violations of this subsection.

(b) The design and development contracts for residential rental units on state land under this part shall not be subject to chapter 103D. [L 2025, c 166, pt of §2]
Haw. Rev. Stat. § 201-13.5 — HI Code / Division 1 / Title 13 / Chapter 201 / Section 201-13.5
§§201-13.
Status: repealed

§§201-13.5 and 201-13.6 REPEALED. L 1990, c 293, §§6, 7.
Haw. Rev. Stat. § 225M-4 — HI Code / Division 1 / Title 13 / Chapter 225M / Section 225M-4
Allocation of funds.
Status: in_force

Any of the agencies of the State to which general or special appropriations are made, or a part of whose budget contains an allocation, or which makes an allocation of funds for planning and research, shall consult with the office of planning and sustainable development to ensure that all expenditures are in accordance with, or in furtherance of the goals and objectives of the Hawaii state plan. After first consulting with the director of business, economic development, and tourism, the governor may withhold the expenditure of these funds by any agency until the governor is satisfied that the expenditures will implement those goals and objectives.
Haw. Rev. Stat. § 205A-32 — HI Code / Division 1 / Title 13 / Chapter 205A / Section 205A-32
Penalties.
Status: in_force

(a) Any person who violates any provision of part II or part III shall be liable as follows:

(1) For a civil fine not to exceed $100,000; or

(2) For the cost of returning the affected environment or ecology within the coastal management area to the condition existing before the violation.

(b) In addition to any other penalties, any person who is violating any provision of part II or part III shall be liable for a civil fine not to exceed $10,000 a day for each day in which such violation persists.

(c) Any civil fine or other penalty provided under this section may be imposed by the circuit court or may be imposed by the department after an opportunity for a hearing under chapter 91. Imposition of a civil fine shall not be a prerequisite to any civil fine or other injunctive relief ordered by the circuit court. [L 1975, c 176, pt of §1; am L 1989, c 356, §9; am L 2001, c 169, §8]
Haw. Rev. Stat. § 206E-202District — HI Code / Division 1 / Title 13 / Chapter 206E / Section 206E-202District
established; boundaries.
Status: in_force

(a) The Heeia community development district is hereby established. The district shall include that area within the boundaries described as follows: the southern boundary begins at the southern property line of tax map key number (1) 4-6-16:001 and runs west to Kahekili Highway and east to Kamehameha Highway. The northern boundary begins at the northern property line of tax map key number (1) 4-6-16:001 and runs west to Kahekili Highway and east to Kamehameha Highway. The tax map key numbers are (1) 4-6-16:001 and (1) 4-6-16:002 (owned by the authority), and (1) 4‑6‑16:004, :011, :012, and :017 (owned by various owners of kuleana parcels).

(b) The authority shall serve as the local redevelopment authority of the district to facilitate culturally appropriate agriculture, education, and natural-resource restoration and management of the Heeia wetlands, in alignment with the Honolulu board of water supply's most current "Koolau Poko Watershed Management Plan" and the city and county of Honolulu's most current "Koolaupoko Sustainable Communities Plan". In addition to any other of its duties under this chapter, the authority shall:

(1) Consult with the following persons and entities:

(A) Recorded landowners in the district;

(B) Recorded landowners in section 6 of zone 4 of the first tax map key division;

(C) Koolaupoko Hawaiian Civic Club;

(D) Kailua neighborhood board;

(E) Kahaluu neighborhood board; and

(F) Kaneohe neighborhood board,

to implement activities related to and supportive of cultural practices, agriculture, education, and natural-resource restoration and management;

(2) Assist land users to manage their properties and implement activities related to and supportive of cultural practices, agriculture, education, and natural-resource restoration and management;

(3) Work with federal, state, county, and other agencies to ensure that infrastructural support is provided for the district;

(4) Develop the infrastructure necessary to support the implementation of the Heeia community development district master plan; and

(5) Provide, to the extent feasible, maximum opportunity for the restoration and implementation of sustainable, culturally appropriate, biologically responsible, or agriculturally beneficial enterprises. [L 2011, c 210, pt of § 2; am L 2012, c 323, § 4]
Haw. Rev. Stat. § 226-65 — HI Code / Division 1 / Title 13 / Chapter 226 / Section 226-65
Hawaii 2050 sustainability plan.
Status: in_force

(a) The Hawaii 2050 sustainability plan shall serve as the State's climate and sustainability action plan to determine future actions guiding the coordination and implementation of Hawaii's sustainability and climate adaptation goals, principles, and policies, and to define and implement state goals, objectives, policies, and priority guidelines using sections 226-3 to 226-27 and 226-103 to 226-109, and chapter 225P, as guiding principles.

(b) The office of planning and sustainable development shall update the sustainability plan to determine future actions guiding the coordination and implementation of Hawaii's sustainability and climate adaptation goals, principles, and policies, and to define and implement state goals, objectives, policies, and priority guidelines using sections 226-3 to 226-27 and 226-103 to 226-109, and chapter 225P, as guiding principles.

(c) The office of planning and sustainable development shall submit the sustainability plan updated pursuant to subsection (b) to the legislature no later than twenty days prior to the convening of the regular session of 2021 and every tenth regular session thereafter. [L 2019, c 146, §2; am L 2021, c 153, §8]
Haw. Rev. Stat. § 206E-186 — HI Code / Division 1 / Title 13 / Chapter 206E / Section 206E-186
Special facility revenue bonds; special funds.
Status: in_force

(a) A separate special fund shall be established for each special facility financed from the proceeds of the revenue bonds secured under the same trust indenture. Each fund shall be designated "special facility revenue bond special fund" and shall bear additional designation as the authority deems appropriate to properly identify the fund.

(b) Notwithstanding any other law to the contrary, including particularly section 206E-16, all revenues, income, and receipts derived from the special facility for which the revenue bonds are issued shall be paid into the special facility revenue bond fund established for that special facility and applied as provided in the proceedings authorizing the issuance of the revenue bonds. [L 2001, c 180, pt of §2]
Haw. Rev. Stat. § 206E-17 — HI Code / Division 1 / Title 13 / Chapter 206E / Section 206E-17
Exemption from taxation.
Status: in_force

The authority shall not be required to pay assessments levied by any county, nor shall the authority be required to pay state taxes of any kind.
Haw. Rev. Stat. § 227D-5 — HI Code / Division 1 / Title 13 / Chapter 227D / Section 227D-5
Special fund.
Status: in_force

There is established in the state treasury a fund to be known as the natural energy laboratory of Hawaii authority special fund, into which shall be deposited all moneys and fees from tenants or other users of the authority's parks, projects, other leased facilities, and other services and publications as well as any grants or gifts received by the authority. All moneys in the fund are appropriated for the purposes of and shall be expended by the authority for the operation, maintenance, and management of its parks, projects, facilities, services, and publications, and for the design and construction of new facilities and the renovation of or addition to existing facilities.
Haw. Rev. Stat. § 219-2 — HI Code / Division 1 / Title 13 / Chapter 219 / Section 219-2
Definitions.
Status: in_force

As used in this chapter:

"Aquaculture" means the propagation, cultivation, or farming of aquatic plants and animals in controlled or selected environments for commercial purposes or authorized stock enhancement purposes.

"Aquaculture sustainable projects" means projects that improve the operation's viability but are not directly tied to aquaculture production. Projects may include but are not limited to photovoltaic energy, hydroelectric power, wind power generation, methane generation, food safety, product traceability, biodiesel production, and ethanol production.

"Board" means the board of agriculture and biosecurity of the department of agriculture and biosecurity.

"Chairperson" means the chairperson of the board of agriculture and biosecurity.

"Cooperative" means a nonprofit association of [aquaculturists] organized under chapter 421.

"Department" means the department of agriculture and biosecurity.

"Qualified aquaculturist" means a person, or association of persons, actively engaged in aquaculture farming, aquacultural produce processing, or aquacultural product development activities. [L 1971, c 181, pt of §1; am L 1977, c 212, pt of §2; am L 1997, c 159, §1; am L 2001, c 55, §8(1) and c 177, §3; am L 2008, c 209, §2 ; am L 2025, c 236, §§17, 18]
Haw. Rev. Stat. § 206E-204 — HI Code / Division 1 / Title 13 / Chapter 206E / Section 206E-204
Heeia community development special fund.
Status: in_force

(a) There is established in the state treasury the Heeia community development special fund, into which shall be deposited:

(1) All revenues, income, and receipts of the authority for the district, notwithstanding any other law to the contrary, including section 206E-16;

(2) Moneys directed, allocated, or disbursed to the district from government agencies or private individuals or organizations, including grants, gifts, awards, donations, and assessments of landowners for costs to administer and operate the district; and

(3) Moneys appropriated to the fund by the legislature.

(b) Moneys in the fund shall be used only for the purposes of this part.

(c) Investment earnings credited to the assets of the fund shall become part of the fund. [L 2011, c 210, pt of § 2 ; am L Sp 2021, c 9, §29 ]
Haw. Rev. Stat. § 201-85 — HI Code / Division 1 / Title 13 / Chapter 201 / Section 201-85
Exemptions.
Status: in_force

[(a)] The department is authorized to hire employees necessary to staff its out-of-state offices subject to chapter 76 and legislative appropriations. The department may also appoint such other employees exempt from chapter 76 as may be necessary to administer the affairs of its out-of-state offices. The initial appointment shall not exceed three years, during which time the department shall submit to the legislature a request for approval prior to continuation of the position. The department shall set the duties, responsibilities, salaries, holidays, vacations, leaves, hours of work, and working conditions for these employees. Subject to the approval of the director of budget and finance, the department may be exempted from the following state laws only to the extent necessary for the conduct of its business in operating out-of-state offices:

(1) Sections 36-27 and 36-30, relating to special fund transfers and reimbursements to the general fund;

(2) Chapter 36, relating to management of state funds;

(3) Chapter 38, relating to deposits of public funds;

(4) Chapter 40, relating to audit and accounting, except that the department shall comply with section 40-81;

(5) Chapter 76, relating to civil service;

(6) Chapter 77, relating to compensation;

(7) Section 78-1, relating to public employment, except when expressly hiring personnel subject to section 78-1; and

(8) Section 171-30, relating to acquisition of real property.

[(b)] All moneys necessary for the establishment and operation of out-of-state offices shall be allocated by the legislature through appropriations out of the state general fund. The department shall include in its budgetary request for each upcoming fiscal period, the amounts necessary to effectuate the purposes of this section. [L 1988, c 366, §2; am L 1993, c 280, §21; am L Sp 1993, c 8, §54; am L 2000, c 253, §150; am L 2004, c 216, §22]
Haw. Rev. Stat. § 225M-3 — HI Code / Division 1 / Title 13 / Chapter 225M / Section 225M-3
Cooperation.
Status: in_force

(a) The office of planning and sustainable development shall seek the widest possible cooperation from public and private agencies and individuals and the federal government to achieve the purposes of this chapter. The office of planning and sustainable development shall work closely with and assist the counties in the promotion of coordinated state and county planning.

(b) Every state department, county agency, or other public or private agency or individual providing planning programs and services shall be encouraged to participate actively in the activities of the office of planning and sustainable development. The executive heads of all state departments and agencies shall cooperate with the office of planning and sustainable development by providing information as the governor and the director of business, economic development, and tourism deem necessary for the effective discharge of its duties.

(c) Nothing in this chapter shall be deemed to delegate or detract in any way from the functions, powers, and duties conferred by law on any state or county department or agency. [L 1987, c 336, pt of §1; am L 1996, c 299, §1; am L 2017, c 12, §30; am L 2021, c 153, §8]
Haw. Rev. Stat. § 206M-42 — HI Code / Division 1 / Title 13 / Chapter 206M / Section 206M-42
Powers.
Status: in_force

In addition to any other powers granted to the development corporation by law, the development corporation may:

(1) Without compliance with chapter 103D, but with the approval of the governor, enter into a special facility lease or an amendment or supplement thereto whereby the development corporation agrees to acquire, construct, improve, install, equip, and develop a special facility solely for the use by another party to a special facility lease;

(2) With the approval of the governor, issue special facility revenue bonds in principal amounts that may be necessary to yield the amount of the cost of any acquisition, construction, improvement, installation, equipping, and development of any special facility, including, subject to paragraph (6), the costs of acquisition of the site thereof; provided that the total principal amount of the special facility revenue bonds which may be issued pursuant to the authorization of this section shall not exceed $100,000,000;

(3) With the approval of the governor, issue refunding special facility revenue bonds with which to provide for the payment of outstanding special facility revenue bonds (including any special facility revenue bonds theretofore issued for this refunding purpose) or any part thereof; provided any issuance of refunding special facility revenue bonds shall not reduce the principal amount of the bonds that 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, improve, install, equip, or develop any special facility, or accept the assignment of any contract therefor entered into by the other party to the special facility lease;

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

(7) Agree with the other party to the special facility lease whereby any acquisition, construction, improvement, installation, equipping, or development of the special facility and the expenditure of moneys therefor shall be undertaken or supervised by another person. [L 2000, c 72, pt of §1; am L 2004, c 216, §28; am L 2006, c 292, §10]
Haw. Rev. Stat. § 205-44.5 — HI Code / Division 1 / Title 13 / Chapter 205 / Section 205-44.5
Important agricultural lands; public lands.
Status: in_force

(a) Notwithstanding any law to the contrary, before December 31, 2009, the department of agriculture and biosecurity and the department of land and natural resources shall collaborate to identify public lands as defined under section 171-2 that should be designated important agricultural lands as defined in section 205-42 and shall cause to be prepared maps delineating those lands. In making the designations, the departments shall use the standards and criteria of section 205-44.

(b) The designation of important agricultural lands pursuant to this section shall not be subject to the district boundary amendment procedures of section 205-3.1 or 205-4 or declaratory order procedures of section 205-45.

(c) Notwithstanding any law to the contrary, beginning January 1, 2010, after receipt of the maps of public lands identified as important agricultural lands pursuant to subsection (a), the commission shall designate the public lands as important agricultural lands and adopt the maps of those public lands. Upon designation, the public lands shall be subject to this chapter. [L 2008, c 233, §14 ; am L 2025, c 236, §17]
Haw. Rev. Stat. § 209E-11 — HI Code / Division 1 / Title 13 / Chapter 209E / Section 209E-11
State general excise exemptions.
Status: in_force

The department shall certify annually to the department of taxation that any qualified business is exempt from the payment of general excise taxes on the gross proceeds from an eligible business activity as defined in this chapter; provided that agricultural businesses other than those engaged in the production of genetically-engineered agricultural products shall not be exempt from the payment of general excise taxes on the gross proceeds of agricultural retail sales. The gross proceeds received by a contractor licensed under chapter 444 shall be exempt from the general excise tax for construction within an enterprise zone performed for a qualified business within an enterprise zone or a business that has been approved by the department to enroll into the enterprise zone program. The exemption shall extend for a period not to exceed seven years; provided that for qualified businesses engaged in the manufacturing of tangible personal property or the producing or processing of agricultural products, the exemption shall extend for a period not to exceed ten years; provided further that if a force majeure event occurs, then the period of time shall be tolled until the force majeure event ceases.
Haw. Rev. Stat. § 212-5.5 — HI Code / Division 1 / Title 13 / Chapter 212 / Section 212-5.5
Foreign-trade zone; jurisdiction.
Status: in_force

Anything to the contrary notwithstanding, the department of business, economic development, and tourism shall have jurisdiction and administrative authority over the area in the vicinity of Piers 1 and 2 currently being used as a foreign-trade zone. This area is defined as all of parcels 2 and 3-A of the Forrest Avenue subdivision, as shown on the map filed in the bureau of conveyances of the State of Hawaii, as file plan 2335, and lot A-1, 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; provided 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.
Haw. Rev. Stat. § 205A-3 — HI Code / Division 1 / Title 13 / Chapter 205A / Section 205A-3
Lead agency.
Status: in_force

The lead agency shall:

(1) Receive, disburse, use, expend, and account for all funds that are made available by the United States and the State for the coastal zone management program;

(2) Provide support and assistance in the administration of the coastal zone management program;

(3) Review federal programs, federal permits, federal licenses, and federal development proposals for consistency with the coastal zone management program;

(4) Consult with the counties and the public in preparing guidelines to further specify and clarify the objectives and policies of this chapter to be submitted twenty days prior to the convening of any regular session of the legislature for review, modification, or enactment by the legislature;

(5) Conduct a continuing review of the administration of the coastal zone management program and of the compliance of state and county agencies with the objectives and policies of this chapter;

(6) Facilitate public participation in the coastal zone management program, including the maintenance of a public advisory body to identify coastal management problems and to provide policy advice and assistance to the lead agency;

(7) Prepare and periodically update a plan for use of coastal zone management funds to resolve coastal problems and issues that are not adequately addressed by existing laws and rules;

(8) Advocate agency compliance with chapter 205A;

(9) Monitor the coastal zone management-related enforcement activities of the state and county agencies responsible for the administration of the objectives and policies of this chapter;

(10) Prepare an annual report to the governor and the legislature which shall include recommendations for enactment of any legislation necessary to require any agency to comply with the objectives and policies of this chapter and any guidelines enacted by the legislature; and

(11) Coordinate the implementation of the ocean resources management plan. [L 1977, c 188, pt of §3; am L 1979, c 200, §2; am L 1989, c 356, §5; am L 1993, c 258, §2; am L 1995, c 104, §6; am L 2001, c 169, §4]
Haw. Rev. Stat. § 206M-14 — HI Code / Division 1 / Title 13 / Chapter 206M / Section 206M-14
Status of special purpose revenue bonds under the Uniform Commercial Code.
Status: in_force

Notwithstanding any of the provisions of this chapter or any recital in any special purpose revenue bond issued under this chapter, all such special purpose revenue bonds shall be deemed to be investment securities under the Uniform Commercial Code, chapter 490, subject only to the provisions of the special purpose revenue bonds pertaining to registration.
Haw. Rev. Stat. § 201-12.8 — HI Code / Division 1 / Title 13 / Chapter 201 / Section 201-12.8
Energy security special fund; uses.
Status: in_force

(a) There is created within the state treasury an energy security special fund, which shall consist of:

(1) The portion of the environmental response, energy, and food security tax specified under section 243-3.5;

(2) Moneys appropriated to the fund by the legislature;

(3) All interest attributable to investment of money deposited in the fund; and

(4) Moneys allotted to the fund from other sources, including under section 196-6.5.

(b) Subject to legislative appropriation, moneys from the fund may be expended by the Hawaii state energy office for the following purposes and used for no other purposes, except for those set forth in this section:

(1) To support the Hawaii clean energy initiative program and projects that promote and advance dependable and affordable energy, renewable energy, energy efficiency, energy self-sufficiency, and greater energy security and resiliency for the State and public facilities;

(2) To fund, to the extent possible, the climate change mitigation and adaptation commission;

(3) To support achieving the zero emissions clean economy target set forth in section 225P-5;

(4) To fund projects and incentives to promote the adoption of clean transportation technologies, develop clean vehicle charging infrastructure, and upgrade infrastructure to support the development of clean vehicle charging infrastructure; and

(5) To fund, to the extent possible, the duties of the state building code council in section 107-24, as they relate to the development of energy conservation codes.

(c) The chief energy officer shall submit a report to the legislature, no later than twenty days prior to the convening of each regular session, on the status and progress of existing programs and activities and the status of new programs and activities funded by the energy security special fund. The report shall also include:

(1) The spending plan of the energy security special fund;

(2) All expenditures of energy security special fund moneys; and

(3) The targeted markets of the expenditures, including the reason for selecting those markets; the persons to be served; and the specific objectives of the expenditures, including measurable outcomes. [L 2008, c 208, §3; am L 2010, c 73, §§3, 14 and c 175, §3; am L 2014, c 9, §12 and c 107, §3(2); am L 2015, c 185, §4; am L 2019, c 122, §5; am L 2021, c 107, §7; am L 2024, c 55, §4; am L 2025, c 48, §1]
Haw. Rev. Stat. § 226-26 — HI Code / Division 1 / Title 13 / Chapter 226 / Section 226-26
Objectives and policies for socio-cultural advancement--public safety.
Status: in_force

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

(1) Assurance of public safety and adequate protection of life and property for all people.

(2) Optimum organizational readiness and capability in all phases of emergency management to maintain the strength, resources, and social and economic well-being of the community in the event of civil disruptions, wars, natural disasters, and other major disturbances.

(3) Promotion of a sense of community responsibility for the welfare and safety of Hawaii's people.

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

(1) Ensure that public safety programs are effective and responsive to community needs.

(2) Encourage increased community awareness and participation in public safety programs.

(c) To further achieve public safety objectives related to criminal justice, it shall be the policy of this State to:

(1) Support criminal justice programs aimed at preventing and curtailing criminal activities.

(2) Develop a coordinated, systematic approach to criminal justice administration among all criminal justice agencies.

(3) Provide a range of correctional resources which may include facilities and alternatives to traditional incarceration in order to address the varied security needs of the community and successfully reintegrate offenders into the community.

(d) To further achieve public safety objectives related to emergency management, it shall be the policy of this State to:

(1) Ensure that responsible organizations are in a proper state of readiness to respond to major war-related, natural, or technological disasters and civil disturbances at all times.

(2) Enhance the coordination between emergency management programs throughout the State. [L 1978, c 100, pt of §2; am L 1986, c 276, §25]
Haw. Rev. Stat. § 209-33 — HI Code / Division 1 / Title 13 / Chapter 209 / Section 209-33
Default.
Status: in_force

If the applicant is in default of any term or condition in any loan agreement or mortgage or the provisions of this part, the unpaid balance of the loan, including interest, shall, at the option of the director of business, economic development, and tourism, become due and payable forthwith, and the director may foreclose any mortgage by any method provided by law.
Haw. Rev. Stat. § 206E-34 — HI Code / Division 1 / Title 13 / Chapter 206E / Section 206E-34
Cultural public market.
Status: in_force

[§206E-34 Cultural public market.] (a) There shall be established within the Hawaii community development authority a state cultural public market.

(b) The cultural public market shall be located on state land within the Kakaako Makai area and developed pursuant to sections 206E-31, 206E-32, and 206E-33. A public parking lot shall be included.

(c) The Hawaii community development authority shall:

(1) Designate and develop the state-owned land for the cultural public market;

(2) Accept, for consideration, input regarding the establishment of the cultural public market from the following departments and agencies:

(A) The department of agriculture and biosecurity;

(B) The department of business, economic development, and tourism;

(C) The department of land and natural resources;

(D) The department of labor and industrial relations; and

(E) The Hawaii tourism authority;

(3) Consider and determine the propriety of using public-private partnerships in the development and operation of the cultural public market;

(4) Develop, distribute, and accept requests for proposals from private entities for plans to develop and operate the cultural public market; and

(5) Ensure that the Hawaiian culture is the featured culture in the cultural public market.

(d) Requests for proposals for the cultural public market shall contemplate but not be limited to the inclusion of the following types of facilities and services:

(1) Retail outlets for ethnically diverse products;

(2) Venues for businesses with ethnic themes, including restaurants and other service-related businesses;

(3) Theaters, stages, and arenas designed to showcase cultural performing artists as well as community performing arts;

(4) Exhibition space or museums that showcase artwork created by international and local artists; and

(5) Museums or other educational facilities focusing on the history and cultures of the various ethnic groups within Hawaii, including Hawaiian history. [L 2005, c 231, §2; am L 2025, c 236, §17]
Haw. Rev. Stat. § 206E-14 — HI Code / Division 1 / Title 13 / Chapter 206E / Section 206E-14
Sale or lease of redevelopment projects.
Status: in_force

(a) The authority may, without recourse to public auction, sell, or lease for a term not exceeding sixty-five years, all or any portion of the real or personal property constituting a redevelopment project to any person, upon such terms and conditions as may be approved by the authority, if the authority finds that the sale or lease is in conformity with the community development plan.

For the stadium development district, leases shall not exceed a term of ninety-nine years.

(b) In the case of residential projects or redevelopment projects, the terms of the sale shall provide for the repurchase of the 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 being 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 1976, c 153, pt of §1; am L 1985, c 49, §1; am L 2019, c 268, §2]
Haw. Rev. Stat. § 206M-43 — HI Code / Division 1 / Title 13 / Chapter 206M / Section 206M-43
Findings and determinations for special facility leases.
Status: in_force

The development corporation shall not enter into any special facility lease unless the development corporation, at or prior to the entering into of the special facility lease, shall find and determine:

(1) That the building, structure, or facility that is to be the subject of the special facility lease shall not be used to provide services, commodities, supplies or facilities that are then adequately being made available otherwise in the State;

(2) That the use or occupancy of the building, structure, or facility under the special facility lease would not result in the reduction of the revenues derived from the economic zones or other properties of the development corporation to an amount below the amount required to be derived therefrom by section 39-61; and

(3) That the entering into of the special facility lease would not be in violation of or result in a breach of any covenant contained in any resolution or certificate authorizing any bonds of the State then outstanding. [L 2000, c 72, pt of §1; am L 2022, c 55, §2]
Haw. Rev. Stat. § 201-13.8 — HI Code / Division 1 / Title 13 / Chapter 201 / Section 201-13.8
Data or information collection.
Status: in_force

(a) The director, in consultation with all affected governmental agencies, shall assess the need for statistics and other information as to the number, characteristics, needs, and movement of people into, out of, or within Hawaii, including residents, migrants, and visitors, and such other information as the director may deem necessary, for the purposes of sound economic research and analysis. The director shall be responsible for collecting, analyzing, and disseminating such information to governmental agencies on a timely basis, and is authorized to use any appropriate method to collect the information, including but not limited to conducting an entry and exit census or survey of all individuals entering, leaving, or living within the State, and obtaining data or information acquired by other agencies, both public and private. All governmental agencies shall cooperate with and assist the director to implement this section.

(b) To the extent that it is identifiable to an individual, information obtained by the department or its agents through surveys, questionnaires, or other information gathering efforts shall be held confidential and not disclosed or opened to public inspection, except that such information may be shared with other government agencies as provided in section 92F-19.

(c) Public disclosure of information gathered by the department could place businesses at a competitive disadvantage. Consequently, where disclosure would result in the impairment of the department's ability to obtain such information and the frustration of a legitimate government function, the department may withhold from public disclosure competitively sensitive information including:

(1) Completed survey and questionnaire forms;

(2) Coding sheets; and

(3) Database records of such information.

(d) The director may adopt necessary rules pursuant to chapter 91, to administer this section. [L 1987, c 336, pt of §2; am L 1998, c 156, §7]
Haw. Rev. Stat. § 211E-4 — HI Code / Division 1 / Title 13 / Chapter 211E / Section 211E-4
Advisory committee.
Status: in_force

The director of business, economic development, and tourism may appoint an advisory committee of not more than seven members to advise the director on applications for loans from the [Hawaii innovation development fund]. The members shall serve without pay but may be compensated for travel and per diem. [L Sp 1981 1st, c 8, pt of §2; am L 1987, c 336, §7; am L 1990, c 293, §8]
Haw. Rev. Stat. § 206M-76 — HI Code / Division 1 / Title 13 / Chapter 206M / Section 206M-76
[ §206M-76] Purposes and terms of investments.
Status: in_force

[ §206M-76] Purposes and terms of investments. (a) Investments may be used for any purpose consistent with the purposes and objectives of this part, including but not limited to:

(1) Developing a working prototype;

(2) Preparing a development plan;

(3) Performing an initial market analysis;

(4) Organizing a management team; and

(5) Any other purpose reasonably related to an economic development project.

(b) Investments may be made on such terms and conditions as the development corporation shall determine to be reasonable, appropriate, and consistent with the purposes and objectives of this part. [L 2019, c 56, pt of §2]
Haw. Rev. Stat. § 206M-15.3 — HI Code / Division 1 / Title 13 / Chapter 206M / Section 206M-15.3
REPEALED.
Status: in_force

L Sp 2021, c 9, §33.
Haw. Rev. Stat. § 226-12 — HI Code / Division 1 / Title 13 / Chapter 226 / Section 226-12
Objective and policies for the physical environment--scenic, natural beauty, and historic resources.
Status: in_force

(a) Planning for the State's physical environment shall be directed towards achievement of the objective of enhancement of Hawaii's scenic assets, natural beauty, and multi-cultural/historical resources.

(b) To achieve the scenic, natural beauty, and historic resources objective, it shall be the policy of this State to:

(1) Promote the preservation and restoration of significant natural and historic resources.

(2) Provide incentives to maintain and enhance historic, cultural, and scenic amenities.

(3) Promote the preservation of views and vistas to enhance the visual and aesthetic enjoyment of mountains, ocean, scenic landscapes, and other natural features.

(4) Protect those special areas, structures, and elements that are an integral and functional part of Hawaii's ethnic and cultural heritage.

(5) Encourage the design of developments and activities that complement the natural beauty of the islands. [L 1978, c 100, pt of §2; am L 1986, c 276, §11]
Haw. Rev. Stat. § 201H-39 — HI Code / Division 1 / Title 13 / Chapter 201H / Section 201H-39
Starter homes; design standards; applicant eligibility; authority to incorporate starter homes into housing projects of the corporation.
Status: in_force

(a) The corporation shall adopt rules in accordance with chapter 91 to establish design and construction standards for starter homes configured to expand incrementally over time. For the purposes of this section, "starter home" means a dwelling unit that is designed to meet the basic living capacity requirements of homebuyers with families of limited size by eliminating unnecessary design and space amenities, but which nonetheless enables future expansion, modification, and improvement by the owner to accommodate increased occupancy over time as may be necessary. The rules shall include building, setback, minimum lot size, infrastructure, and architectural standards for the construction and development of starter homes.

(b) In addition to the requirements of subsection (a), the corporation shall adopt rules in accordance with chapter 91 to establish the basic requirements for families eligible to purchase starter homes under this section. The rules shall include guidelines and restrictions on occupancy standards initially permitted in a starter home, as well as the income ranges of families eligible to qualify for purchases under this section.

(c) The corporation may incorporate starter homes into any affordable housing project developed by the corporation under this chapter. The corporation shall determine on a project-by-project basis the number of starter home units to be included in each particular project.

(d) The corporation shall include in its annual report to the legislature a report on the number of starter homes constructed and developed by the corporation in accordance with the authorization provided in this section. [L 2006, c 180, pt of §3]
Haw. Rev. Stat. § 206E-293 — HI Code / Division 1 / Title 13 / Chapter 206E / Section 206E-293
[ § 206E-293] Leasehold condominiums on state lands.
Status: in_force

[ § 206E-293] Leasehold condominiums on state lands. (a) The authority may sell leasehold units in condominiums organized pursuant to chapter 514B and developed under this part on state land to a qualified resident as defined in section 201H-32.

(b) The term of the lease may be for ninety-nine years, and the authority may extend or modify the fixed rental period of the lease or extend the term of the lease.

(c) The powers conferred upon the authority by this section shall be in addition and supplemental to the powers conferred by any other law, and nothing in this section shall be construed as limiting any powers, rights, privileges, or immunities so conferred. [L 2023, c 97, pt of §3]
Haw. Rev. Stat. § 210-1 — HI Code / Division 1 / Title 13 / Chapter 210 / Section 210-1
Definitions.
Status: in_force

As used in this chapter:

"Department" means the department of business, economic development, and tourism.

"Director" means the director of business, economic development, and tourism.

"SBA" means the Small Business Administration of the United States Government.

"SBIA" means the Federal Small Business Investment Act of 1958, as amended.

"Small business concern" means the business concerns that are defined in the Small Business Act, as amended (P.L. 87-367) and classified by the SBA in its size standards. [L 1963, c 76, §2; am L 1964, c 42, §3; Supp, §98R-2; HRS §210-1; am L 1987, c 336, §7; am L 1990, c 293, §8]

Revision Note

Numeric designations deleted and definitions rearranged pursuant to §23G-15 .
Haw. Rev. Stat. § 201H-4.5 — HI Code / Division 1 / Title 13 / Chapter 201H / Section 201H-4.5
Urban gardening programs.
Status: in_force

Notwithstanding any other provision of law, the corporation may develop programs that provide incentives for the development of housing projects that incorporate urban gardening programs; provided that the college of tropical agriculture and human resources of the University of Hawaii at Manoa shall be consulted regarding best practices in urban gardening, including vertical gardening, aquaponics, and community gardening.
Haw. Rev. Stat. § 205A-5 — HI Code / Division 1 / Title 13 / Chapter 205A / Section 205A-5
Compliance.
Status: in_force

(a) All agencies shall ensure that their rules comply with the objectives and policies of this chapter and any guidelines enacted by the legislature.

(b) All agencies shall enforce the objectives and policies of this chapter and any rules adopted pursuant to this chapter. [L 1977, c 188, pt of §3; am L 1979, c 200, §4; am L 1989, c 356, §7; am L 1993, c 258, §3]
Haw. Rev. Stat. § 206E-197 — HI Code / Division 1 / Title 13 / Chapter 206E / Section 206E-197
[ §206E-197 Complaints.
Status: in_force

[ §206E-197 Complaints.] The authority may establish procedures for receiving and processing district-related complaints, conducting research, monitoring matters that arise within the district, and reporting its findings.
Haw. Rev. Stat. § 201B-13 — HI Code / Division 1 / Title 13 / Chapter 201B / Section 201B-13
Assistance by state and county agencies; advisory group.
Status: in_force

(a) Any state or county agency may render services upon request of the authority.

(b) The authority may establish an advisory group that may meet monthly or as the authority deems necessary, which may include the director of business, economic development, and tourism, director of transportation, chairperson of the board of land and natural resources, and executive director of the state foundation on culture and the arts to advise the authority on matters relating to their respective departments or agency in the preparation and execution of suggested:

(1) Measures to respond to tourism emergencies pursuant to section 201B-9;

(2) Programs for the management, improvement, and protection of Hawaii's natural environment and other areas frequented by visitors;

(3) Measures to address issues affecting airlines, air routes, and barriers to travel to Hawaii; and

(4) Programs to perpetuate the cultures of Hawaii and engage local communities to sustain and preserve the native Hawaiian culture. [L 1998, c 156, pt of §2; am L Sp 2009, c 5, §10]
Haw. Rev. Stat. § 206E-203 — HI Code / Division 1 / Title 13 / Chapter 206E / Section 206E-203
[ §206E-203] Heeia community development district; policies to guide development.
Status: in_force

[ §206E-203] Heeia community development district; policies to guide development. The following general policies to guide development shall govern the authority's actions in the district:

(1) Development shall be in accordance with the Heeia master plan, except as it conflicts with the Hawaii State Constitution and the Hawaii Revised Statutes;

(2) With the approval of the governor, and in accordance with law, the authority, upon the concurrence of a majority of its voting members, may modify and make changes to the Heeia master plan to respond to changing conditions; provided that prior to amending the Heeia master plan, the authority shall conduct a public meeting pursuant to chapter 92 to inform the public of the proposed changes and receive public input;

(3) The authority shall provide, to the extent feasible, maximum opportunity for the restoration and implementation of sustainable, culturally appropriate, biologically responsible, or agriculturally beneficial enterprises;

(4) The authority may engage in planning, design, and construction activities within and outside the district; provided that activities outside the district shall relate to infrastructural development, area-wide drainage improvements and sediment transport mitigation, roadway realignments and improvements, and other activities the authority deems necessary to carry out redevelopment of the district and implement this part. Studies or coordinating activities may be undertaken by the authority in conjunction with the county and appropriate federal and state agencies and may address infrastructural systems, natural-resource systems, and other activities;

(5) Planning, replanning, rehabilitation, development, redevelopment, and other preparations for the restoration of cultural practices, education, natural resources, and agriculture related activities shall be pursued;

(6) Hawaiian archaeological, historic, and cultural sites shall be preserved and protected to the extent feasible while allowing for continued use of the property for cultural activities, education, agricultural and economic pursuits, and natural-resource restoration;

(7) Endangered species of flora and fauna shall be preserved and protected to the extent feasible;

(8) Land use and redevelopment activities within the district shall be coordinated with and, to the extent possible, complement existing county and state policies, plans, and programs affecting the district;

(9) Public facilities within the district shall be planned, located, and developed to support the redevelopment policies established by this part for the district, the master plan approved by the governor, and rules adopted pursuant to this chapter; and

(10) Special management area permit administration for the district shall continue to be under the authority of the city and county of Honolulu. [L 2011, c 210, pt of § 2]
Haw. Rev. Stat. § 206-41 — HI Code / Division 1 / Title 13 / Chapter 206 / Section 206-41
Source of operating funds; disposition of unencumbered funds.
Status: in_force

(a) All moneys to carry out the purposes of this chapter shall be allocated by the legislature in accordance with subsection (c) out of appropriations from the state general fund. The department shall include in its budgetary request for each upcoming fiscal period, the amounts necessary to effectuate the purposes of this chapter.

(b) All unexpended balances of appropriations, allocations, allotments, special revolving funds, or other funds heretofore created and made available for the purposes of developing or administering any project subject to this chapter shall be transferred to the state general fund; provided that any unexpended balances in any special revolving fund or other funds created and made available, in whole or in part, with federal funds, or with assistance from the federal government, or for housing undertaken pursuant to a contract between the federal government and the State or the board of land and natural resources shall be segregated from other funds and shall be deposited and maintained as required by the federal government.

(c) There is appropriated from the general revenues of the State sufficient moneys as may be necessary, from time to time, with the approval of the governor, for the purposes specified in this chapter, provided that not more than $1,000,000 may be expended, with the approval of the governor, in land development for any one project; and provided further that such sums as may be utilized from time to time and which are reimbursed from land sales shall be deposited into the general fund.

All moneys received by the board under or pursuant to this chapter, including refunds, reimbursements, and revenues, shall be deposited in the state general fund, to the extent permitted by federal law or regulation. Except as otherwise provided by this chapter, the funds appropriated by the legislature may be expended by the board for any and all of the purposes of this chapter, including, without prejudice to the generality of the foregoing, the acquisition, clearance, and improvement of property; the construction and reconstruction of building sites; and the development and administration of development projects and administration expenses. The provisions of this section shall be subject to applicable federal law and regulation, to any contract between the federal government and the State or the board relating to development projects subject to this chapter, and to the terms and conditions of contributions or other assistance from the federal government. [L 1961, c 6, §39; am L 1963, c 114, §1; am L 1965, c 157, §5; Supp, §98J-39; HRS §206-41; am L 1993, c 280, §48]
Haw. Rev. Stat. § 206M-3.5 — HI Code / Division 1 / Title 13 / Chapter 206M / Section 206M-3.5
Annual reports.
Status: in_force

The development corporation shall report annually to the legislature twenty days prior to the convening of the session on the impact of the program on:

(1) Increasing the awareness of the federal small business innovation research program and the number of companies submitting proposals to federal agencies;

(2) Increasing the number of phase I awards received by Hawaii businesses under the small business innovation research program; and

(3) Increasing the number of phase I to phase II conversions by Hawaii businesses. [L 1989, c 196, §2]
Haw. Rev. Stat. § 201H-73 — HI Code / Division 1 / Title 13 / Chapter 201H / Section 201H-73
Issuance of bonds for the preservation of low‑income housing projects.
Status: in_force

[(a)] The corporation, pursuant to and in accordance with this subpart, may issue bonds to purchase low-income housing projects financed by the United States Department of Housing and Urban Development to preserve these projects. Upon the payment of all interest and principal stemming from the issuance of these bonds, the corporation may transfer title to these projects to qualified nonprofit organizations. Nothing in this section shall be construed to:

(1) Prohibit qualified nonprofit or for-profit organizations from operating these projects on behalf of the corporation, or providing for the repair and maintenance of these projects, before the payment of all interest and principal stemming from the issuance of these bonds; or

(2) Prohibit the corporation from transferring title to these projects to qualified nonprofit or for-profit organizations if these bonds can be secured to the satisfaction of the bondholders.

[(b)] As used in this section, "qualified nonprofit organization" includes community-based nonprofit organizations and resident councils. [L 2006, c 180, pt of §4]
Haw. Rev. Stat. § 226-22 — HI Code / Division 1 / Title 13 / Chapter 226 / Section 226-22
Objective and policies for socio-cultural advancement--social services.
Status: in_force

(a) Planning for the State's socio-cultural advancement with regard to social services shall be directed towards the achievement of the objective of improved public and private social services and activities that enable individuals, families, and groups to become more self-reliant and confident to improve their well-being.

(b) To achieve the social service objective, it shall be the policy of the State to:

(1) Assist individuals, especially those in need of attaining a minimally adequate standard of living and those confronted by social and economic hardship conditions, through social services and activities within the State's fiscal capacities.

(2) Promote coordination and integrative approaches among public and private agencies and programs to jointly address social problems that will enable individuals, families, and groups to deal effectively with social problems and to enhance their participation in society.

(3) Facilitate the adjustment of new residents, especially recently arrived immigrants, into Hawaii's communities.

(4) Promote alternatives to institutional care in the provision of long-term care for elder and disabled populations.

(5) Support public and private efforts to prevent domestic abuse and child molestation, and assist victims of abuse and neglect.

(6) Promote programs which assist people in need of family planning services to enable them to meet their needs. [L 1978, c 100, pt of §2; am L 1986, c 276, §21; am L 1990, c 67, §8]
Haw. Rev. Stat. § 210D-4 — HI Code / Division 1 / Title 13 / Chapter 210D / Section 210D-4
Hawaii community-based economic development special fund; established.
Status: in_force

There is established a special fund to be known as the Hawaii community-based economic development special fund from which moneys shall be loaned or granted by the department under this chapter. All moneys appropriated to the fund by the legislature, received as repayments of loans, payments of interest or fees, and all other moneys received by the fund from any other source shall be deposited into the special fund and used for the purposes of this chapter. The department may deposit moneys it receives from the repayments of loans and payments of interest or fees from the Hawaii capital loan program established by chapter 210, the Hawaii large fishing vessel purchase, construction, renovation, maintenance, and repair loan program established by part II of chapter 189, and the Hawaii small fishing vessel loan program established by part IV of chapter 189, into the Hawaii community-based economic development special fund to be used for the purposes of this chapter. The department may use all appropriations and other moneys in the special fund not appropriated for a designated purpose to make grants or loans.
Haw. Rev. Stat. § 206J-6 — HI Code / Division 1 / Title 13 / Chapter 206J / Section 206J-6
Limitations on the powers of the development corporation.
Status: in_force

(a) The development corporation shall not sell any fast or submerged lands of the Aloha Tower complex as established by this chapter.

(b) The development corporation shall preserve the Aloha Tower as an historical monument and shall not sell, remove, demolish, deface, or alter the structure in any reasonable degree to lessen its historical value to the community. However, and notwithstanding any other law to the contrary, repairs, maintenance, relocation of pier platforms, or any essential reconstruction necessary for the preservation of the Aloha Tower as an historical monument shall be permissible.

(c) Irwin Memorial Park shall be retained as a public park subject to the reservations and conditions set forth in the deed of Helene Irwin Fagan to the Territory of Hawaii.

(d) The development corporation or its lessees shall not exercise any jurisdiction over the provided replacement facilities located within the Aloha Tower complex required for necessary maritime purposes and activities (hereinafter "maritime facilities"). Jurisdiction over any such replacement facilities shall be in the department of transportation. Facilities functionally related to maritime purposes and the purposes outlined in the development plan for the Aloha Tower complex, such as hotel facilities for maritime passengers and waterfront visitors, concession facilities adjacent to maritime terminal facilities, public parking facilities which are situated on property not currently under the jurisdiction of the department of transportation, and commercial, retail, residential, and office facilities may be under the jurisdiction of the development corporation or its lessees. [L 1981, c 236, pt of §1; am L 1982, c 250, §4; am L 1986, c 146, §4; am L 1988, c 356, §5]
Haw. Rev. Stat. § 209-29 — HI Code / Division 1 / Title 13 / Chapter 209 / Section 209-29
Eligibility for loans.
Status: in_force

Loans may be made to individuals, partnerships, corporations, cooperatives, or other business associations, but only if the applicant:

(1) Suffered loss of or damage to property in a rehabilitation area as a result of a state disaster;

(2) For a commercial loan, had operated an industrial, manufacturing, processing, wholesaling, or retailing business, or professional or service business, or building rental business, immediately before the disaster;

(3) Presents a suitable program for:

(A) Rehabilitation or reestablishment of the applicant's business to its predisaster level when applying for a commercial loan; or

(B) Meeting necessary expenses and satisfying the serious needs of the applicant and the applicant's family including reciprocal beneficiary when applying for a personal loan;

(4) Has reasonable ability to repay the loan; and

(5) For a commercial loan, presents written evidence that the Small Business Administration had declined an application for financial assistance under the Small Business Administration Disaster Loan Program or has reduced the amount of the loan request; provided that the declination was not due to the applicant's having sufficient financial resources to rehabilitate the applicant; or

(6) For a commercial loan, cannot secure any loans from the Small Business Administration Disaster Loan Program because the making of the loans is not covered by the program, and the director of business, economic development, and tourism is reasonably satisfied that the applicant is not able to secure loans from private lending institutions and does not have sufficient financial resources to rehabilitate the applicant.

Paragraph (6) shall be applied in the alternative with respect to paragraph (5) of this section. [L 1961, c 189, §15; Supp, §98P-15; HRS §209-29; am L 1976, c 205, §1(2); gen ch 1985; am L 1987, c 336, §7; am L 1990, c 293, §8; am L 1997, c 383, §38]
Haw. Rev. Stat. § 206E-22 — HI Code / Division 1 / Title 13 / Chapter 206E / Section 206E-22
Violations and penalty.
Status: in_force

(a) The authority may set, charge, and collect reasonable fines for violation of this chapter or any rule adopted pursuant to chapter 91. Any person violating any of the provisions of this chapter or any rule adopted pursuant to chapter 91, for which violation a penalty is not otherwise provided, shall be fined not more than $500 a day and shall be liable for administrative costs incurred by the authority.

(b) The authority may maintain an action for an injunction to restrain any violation of the provisions of this chapter and may take any other lawful action to prevent or remedy any violation.

(c) Any person violating any provision of this chapter shall, upon conviction, be punished by a fine not exceeding $1,000 or by imprisonment not exceeding thirty days, or both. The continuance of a violation after conviction shall be deemed a new offense for each day of such continuance. [L 1982, c 228, §2; am L 1993, c 136, §1]
Haw. Rev. Stat. § 201-101.5 — HI Code / Division 1 / Title 13 / Chapter 201 / Section 201-101.5
Definitions.
Status: in_force

As used in this part:

"Department" means the department of business, economic development, and tourism.

"Director" means the director of business, economic development, and tourism. [L 1999, c 112, pt of §1]
Haw. Rev. Stat. § 201B-15 — HI Code / Division 1 / Title 13 / Chapter 201B / Section 201B-15
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 preferred over all other civil cases, except election cases, 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 party, in which any question arises as to the validity of this chapter or any portion of this chapter, or any action of the authority 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 from the circuit court may be obtained for any 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 1998, c 156, pt of §2; am L 2001, c 251, §5]
Haw. Rev. Stat. § 201H-205 — HI Code / Division 1 / Title 13 / Chapter 201H / Section 201H-205
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 conferred.

Revision Note

This section was renumbered from §201H-210 pursuant to §23G-15.
Haw. Rev. Stat. § 201H-142 — HI Code / Division 1 / Title 13 / Chapter 201H / Section 201H-142
Housing loan programs; authorization.
Status: in_force

(a) The corporation may establish under this subpart one or more eligible loan programs.

(b) The corporation may invest in, make, purchase, take assignments of, or otherwise acquire or make commitments to invest in, make, purchase, take assignments of, or otherwise acquire any eligible loans or any partial interest or participation therein held by or on behalf of the corporation.

(c) The corporation may sell, assign, or otherwise dispose of or enter into commitments to sell, assign, or otherwise dispose of any eligible loans or any partial interest or participation therein held by or on behalf of the corporation.

(d) The corporation may acquire any obligation under conditions which require the seller of the obligation to use the proceeds of the sale for the purpose of financing eligible loans. [L 2006, c 180, pt of §4]
Haw. Rev. Stat. § 201H-53 — HI Code / Division 1 / Title 13 / Chapter 201H / Section 201H-53
Rate of wages for laborers and mechanics.
Status: in_force

The corporation shall require an eligible bidder or eligible developer of a housing project developed under this part to comply with the requirements of section 104-2 for those laborers and mechanics hired to work on that housing project; provided that this section shall not apply to a housing project developed under this part if the entire cost of the project is less than $500,000 and the eligible bidder or eligible developer is a private nonprofit organization.
Haw. Rev. Stat. § 206-21 — HI Code / Division 1 / Title 13 / Chapter 206 / Section 206-21
Contracts.
Status: in_force

The board of land and natural resources, in addition to its other powers, may make, execute, and carry out contracts for, or in connection with, any project in the name of the State, in the manner provided in chapter 103D and section 103-53; and, with regard to such contracts, the term "officers", as used in chapter 103D, means the board or such officer as is authorized by the board to act as its contracting officer. Each contract authorized in this section shall state that it is made and executed in the name of the State.
Haw. Rev. Stat. § 206E-285 — HI Code / Division 1 / Title 13 / Chapter 206E / Section 206E-285
[ § 206E-285] Use of public lands; acquisition of state lands.
Status: in_force

[ § 206E-285] Use of public lands; acquisition of state lands. (a) If state lands under the control and management of other public agencies are required by the authority for the purposes of this part, the agency having the control and management of those required lands, upon request by the authority and with the approval of the governor, may convey or lease those lands to the authority upon terms and conditions as may be agreed to by the parties.

(b) Notwithstanding the foregoing, no public lands shall be conveyed or leased to the authority pursuant to this section if the conveyance or lease would impair any covenant between the State or any county or any department or board thereof and the holders of bonds issued by the State or that county, department, or board. [L 2023, c 97, pt of §3]
Haw. Rev. Stat. § 205-47 — HI Code / Division 1 / Title 13 / Chapter 205 / Section 205-47
Identification of important agricultural lands; county process.
Status: in_force

(a) Each county shall identify and map potential important agricultural lands within its jurisdiction based on the standards and criteria in section 205-44 and the intent of this part, except lands that have been designated, through the state land use, zoning, or county planning process, for urban use by the State or county.

(b) Each county shall develop maps of potential lands to be considered for designation as important agricultural lands in consultation and cooperation with landowners; the department of agriculture and biosecurity; agricultural interest groups, including representatives from the Hawaii Farm Bureau Federation and other agricultural organizations; the United States Department of Agriculture – Natural Resources Conservation Service; the office of planning and sustainable development; and other groups as necessary.

(c) Each county, through its planning department, shall develop an inclusive process for public involvement in the identification of potential lands and the development of maps of lands to be recommended as important agricultural lands, including a series of public meetings throughout the identification and mapping process. The planning departments may also establish one or more citizen advisory committees on important agricultural lands to provide further public input, utilize an existing process (such as general plan, development plan, community plan), or employ appropriate existing and adopted general plan, development plan, or community plan maps.

(d) The counties shall take notice of those lands that have already been designated as important agricultural lands by the commission.

Upon identification of potential lands to be recommended to the county council as potential important agricultural lands, the counties shall take reasonable action to notify each owner of those lands by mail or posted notice on the affected lands to inform them of the potential designation of their lands.

In formulating its final recommendations to the respective county councils, the planning departments shall report on the manner in which the important agricultural lands mapping relates to, supports, and is consistent with the:

(1) Standards and criteria set forth in section 205-44;

(2) County's adopted land use plans, as applied to both the identification and exclusion of important agricultural lands from such designation;

(3) Comments received from government agencies and others identified in subsection (b);

(4) Viability of existing agribusinesses; and

(5) Representations or position statements of the owners whose lands are subject to the potential designation.

(e) The important agricultural lands maps shall be submitted to the county council for decision-making. The county council shall adopt the maps, with or without changes, by resolution. The adopted maps shall be transmitted to the land use commission for further action pursuant to section 205-48. [L 2005, c 183, pt of §2; am L 2021, c 153, §8 ; am L 2025, c 236, §14]
Haw. Rev. Stat. § 219-7 — HI Code / Division 1 / Title 13 / Chapter 219 / Section 219-7
Loans insured by the department.
Status: in_force

§219-7 Loans insured by the department.

(1) The department of agriculture and biosecurity may insure up to ninety per cent of the principal balance of a loan, plus interest due thereon, made to a qualified aquaculturist by a private lender who is unable otherwise to lend the applicant sufficient funds at reasonable rates;

(2) Loans insured under this section shall be limited by the provisions of section 219-6;

(3) Interest charged on an insured loan made under the provisions of this section shall be determined by the board;

(4) When the application for an insured 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 insures payment of principal and interest. The lender shall collect all payments from the borrower and otherwise service the loan;

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

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

(B) On all guaranteed 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;

(6) 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;

(7) Under conditions specified in rules of 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 subject to this section;

(8) 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 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; and

(9) The lender may reduce the percentage of the principal balance insured under this section at any time. [L 1977, c 212, pt of §2; am L 1995, c 79, §2; am L 2001, c 55, §8(2) ; am L 2025, c 236, §17]
Haw. Rev. Stat. § 206M-65 — HI Code / Division 1 / Title 13 / Chapter 206M / Section 206M-65
[ §206M-65] Actions of the development corporation; guidelines.
Status: in_force

[ §206M-65] Actions of the development corporation; guidelines. (a) All actions taken by the development corporation shall be necessary to achieve the purposes and objectives of this part. The development corporation shall evaluate all programs after three years to determine their effectiveness. The development corporation shall establish rules to assure equal opportunity to minority-owned businesses, and shall encourage the development of minority-owned businesses. The development corporation shall support and encourage participation by Hawaii companies in federal grant programs, such as the Small Business Innovation Research Program.

(b) Financial participation shall be made on the condition that the recipient of the assistance shall utilize the money to assist economic development projects within the State that have potential for creating new jobs or retaining current jobs within the State.

(c) Financial participation by the development corporation in private financial investment funds shall be made with the provision that the private fund shall make investments in Hawaii in amounts at least equal to the amount of state participation.

(d) The development corporation shall not make direct investments in individual businesses except upon a two-thirds vote of the board in each case considered. When deciding whether to enter into a direct investment, the development corporation shall consider whether:

(1) The project is economically sound;

(2) The project can be successfully completed;

(3) The project will promote economic diversification;

(4) The project is located in or will locate in the State and has a reasonable potential to create desirable employment opportunities for residents of the State;

(5) The project has been unable to obtain sufficient funding on reasonable terms through ordinary means; and

(6) The project can be partially financed through ordinary means at reasonable terms.

The development corporation shall not acquire securities to an extent that would provide the development corporation effective voting control of any enterprise after giving effect to the conversion of all outstanding convertible securities of the enterprise.

(e) Investments by the development corporation to persons shall be made on the basis of solicitation and a competitive technical review process, subject to the availability of funds allocated to the development corporation for making investments. Investments by the development corporation shall not be subject to chapter 42F. Any organization applying for an investment shall meet the following standards:

(1) 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;

(2) Be licensed and accredited, as applicable, in accordance with the requirements of federal, state, and county governments;

(3) Comply with applicable federal and state laws prohibiting discrimination against any person on the basis of race, color, national origin, religion, creed, sex, age, or physical handicap; and

(4) Comply with other requirements as the board may prescribe. [L 2019, c 56, pt of §2]
Haw. Rev. Stat. § 205-16 — HI Code / Division 1 / Title 13 / Chapter 205 / Section 205-16
Compliance with the Hawaii state plan.
Status: in_force

No amendment to any land use district boundary nor any other action by the land use commission shall be adopted unless such amendment or other action conforms to the Hawaii state plan.
Haw. Rev. Stat. § 201H-163.5 — HI Code / Division 1 / Title 13 / Chapter 201H / Section 201H-163.5
Downpayment loan assistance program; fees.
Status: in_force

The corporation may establish, revise, charge, and collect fees, premiums, and charges as necessary, reasonable, or convenient, for its downpayment loan assistance program. The fees, premiums, and charges shall be deposited into the housing finance revolving fund established in section 201H-80.
Haw. Rev. Stat. § 226-59 — HI Code / Division 1 / Title 13 / Chapter 226 / Section 226-59
State programs.
Status: in_force

(a) The formulation, administration, and implementation of state programs shall be in conformance with the overall theme, goals, objectives, and policies, and shall utilize as guidelines the priority guidelines contained within this chapter, and the state functional plans approved pursuant to this chapter.

(b) The director of the office of planning and sustainable development shall assist the governor in assuring that state programs are in conformance with this chapter. [L 1978, c 100, pt of §2; am L 1984, c 236, §12; §226-62; ren and am L 1987, c 336, §4(12); §226-61; ren L 1991, c 76, pt of §1; am L 1996, c 299, §3; am L 2021, c 153, §8]
Haw. Rev. Stat. § 206E-103 — HI Code / Division 1 / Title 13 / Chapter 206E / Section 206E-103
Revenue bonds; authorization.
Status: reserved

(a) The authority, with the approval of the governor, may issue from time to time revenue bonds in amounts not exceeding the total amount of bonds authorized by the legislature for the purpose of undertaking and maintaining any of the reserved housing loan programs.

(b) All revenue bonds shall be issued pursuant to part III of chapter 39, except as provided in this part.

(c) The revenue bonds shall be issued in the name of the authority, and not in the name of the State. The final maturity date of the revenue bonds may be any date not exceeding forty years from the date of issuance. [L 1982, c 228, pt of §8]
Haw. Rev. Stat. § 205-3 — HI Code / Division 1 / Title 13 / Chapter 205 / Section 205-3
Retention of district boundaries.
Status: in_force

Land use district boundaries existing as of June 2, 1975, shall continue in full force and effect subject to amendment as provided in this chapter or order of a court of competent jurisdiction based upon any litigation filed prior to July 1, 1975, or filed within thirty days after service of a certified copy of any final decision and order made as part of the commission's 1974 periodic boundary review, whichever occurs later.

Revision Note

"June 2, 1975" substituted for "the effective date of this Act" pursuant to § 23G-15.
Haw. Rev. Stat. § 211D-12 — HI Code / Division 1 / Title 13 / Chapter 211D / Section 211D-12
Gifts and grants.
Status: in_force

The department may accept gifts, grants, and donations from any source for the purposes of this chapter.
Haw. Rev. Stat. § 229-3 — HI Code / Division 1 / Title 13 / Chapter 229 / Section 229-3
Initiating sister-state relationships.
Status: in_force

The commission shall evaluate and develop recommendations for the initiation of all sister-state or province partnerships and forward its recommendation to the legislature. The legislature, if it so chooses, shall implement the recommendation to initiate a sister-state or province partnership by either adopting a concurrent resolution or by enacting session law to that effect.
Haw. Rev. Stat. § 201-113 — HI Code / Division 1 / Title 13 / Chapter 201 / Section 201-113
Hawaii film and creative industries development special fund.
Status: in_force

(a) There is established in the state treasury the Hawaii film and creative industries development special fund into which shall be deposited:

(1) Appropriations by the legislature;

(2) Donations and contributions made by private individuals or organizations for deposit into the fund;

(3) Grants provided by governmental agencies or any other source;

(4) Effective January 2, 2023, all revenues, fees, and charges from the processing of the motion picture, digital media, and film production income tax credit pursuant to section 235-17; and

(5) Effective July 1, 2022, all existing and future revenues, fees, and income received by the department from its management of public facilities that support media and entertainment workforce and business development, with the exception of the Hawaii film studio.

(b) The fund shall be used by the department to provide for:

(1) A program to provide seed capital for film, media, electronic sports, and creative industries intellectual property development projects for export, as determined by the department;

(2) Programs that expand the skills of the State ʹ s resident workforce in the film, media, and creative industries;

(3) Marketing programs that attract business opportunities in the film, media, and creative industries in the State; and

(4) Repair, maintenance, and related costs of the department's management of public facilities that support media and entertainment workforce and business development. [L 2000, c 285, pt of §2; am L 2019, c 228, §3; am L 2020, c 70, §4; am L 2022, c 193, §1]
Haw. Rev. Stat. § 206M-73 — HI Code / Division 1 / Title 13 / Chapter 206M / Section 206M-73
[ §206M-73] Annual audit.
Status: in_force

[ §206M-73] Annual audit. The books and records of the strategic development programs shall be subject to an annual audit by an independent auditor.
Haw. Rev. Stat. § 206M-12.5 — HI Code / Division 1 / Title 13 / Chapter 206M / Section 206M-12.5
Federal tax-exempt status.
Status: in_force

Special purpose revenue bonds issued pursuant to this chapter, to the extent practicable, shall be issued to comply with requirements imposed by applicable federal law providing that the interest on the special purpose revenue bonds shall be excluded from gross income for federal income tax purposes (except as certain minimum taxes, environmental taxes, or other federal taxes or tax consequences may apply). The development corporation may enter into agreements, establish funds or accounts, and take any action required to comply with applicable federal law. Nothing in this chapter shall be deemed to prohibit the issuance of special purpose revenue bonds, the interest on which may be included in gross income for federal income tax purposes.
Haw. Rev. Stat. § 201H-33 — HI Code / Division 1 / Title 13 / Chapter 201H / Section 201H-33
Powers and duties, generally.
Status: in_force

(a) The corporation may develop fee simple or leasehold property, construct dwelling units thereon, including condominiums, planned units, and cluster developments, and sell, lease, or rent or cause to be leased or rented, at the lowest possible price to qualified residents, nonprofit organizations, or government agencies, with an eligible developer or in its own behalf:

(1) Fully completed dwelling units with the appropriate interest in the land on which the dwelling unit is located;

(2) Dwelling units that are substantially complete and habitable with the appropriate interest in the land on which the dwelling unit is located; or

(3) The land with site improvements (other than the dwelling unit) either partially or fully developed.

(b) The corporation shall require all applicants for the purchase of dwelling units to make application therefor under oath, and may require additional testimony or evidence under oath in connection with any application. The determination of any applicant's eligibility under this chapter by the corporation shall be conclusive as to all persons thereafter dealing with the property; provided that the making of any false statement knowingly by the applicant or other person to the corporation in connection with any application shall constitute perjury and be punishable as such. The corporation shall establish a system to determine preferences by lot in the event that it receives more qualified applications than it has dwelling units available.

(c) The corporation shall adopt, pursuant to chapter 91, rules on health, safety, building, planning, zoning, and land use that relate to the development, subdivision, and construction of dwelling units in housing projects in which the State, through the corporation, shall participate. The rules shall not contravene any safety standards or tariffs approved by the public utilities commission, and shall follow existing law as closely as is consistent with the production of lower cost housing with standards that meet minimum requirements of good design, pleasant amenities, health, safety, and coordinated development.

When adopted, the rules shall have the force and effect of law and shall supersede, for all housing projects in which the State, through the corporation, shall participate, all other inconsistent laws, ordinances, and rules relating to the use, zoning, planning, and development of land, and the construction of dwelling units thereon. The rules, before becoming effective, shall be presented to the legislative body of each county in which they will be effective and the legislative body of any county may within forty-five days approve or disapprove, for that county, any or all of the rules by a majority vote of its members. On the forty-sixth day after submission, any rules not disapproved shall be deemed to have been approved by the county.

(d) The corporation may acquire, by eminent domain, exchange, or negotiation, land or property required within the foreseeable future for the purposes of this chapter. Whenever land with a completed or substantially complete and habitable dwelling or dwellings thereon is acquired by exchange or negotiation, the exchange value or purchase price for each dwelling, including land, shall not exceed its appraised value. Land or property acquired in anticipation of future use may be leased for the interim period by the corporation for such term and rent as it deems appropriate.

(e) Upon authorization by the legislature, the corporation shall cause the State to issue general obligation bonds to finance:

(1) Land acquisition;

(2) The development and improvement of land;

(3) The construction of dwelling units;

(4) The purchase, lease, or rental of land and dwelling units by qualified residents, nonprofit organizations, or government agencies under this chapter;

(5) Payment for any services contracted for under this chapter, including profit or recompense paid to partners, and including community information and advocacy services deemed necessary by the corporation to provide for citizen participation in the development of housing projects, the implementation of this chapter, and the staffing of any citizen advisory committee the corporation may establish;

(6) The cost of the repurchase of units under section 201H‑47;

(7) Loans for the rehabilitation and renovation of existing housing; and

(8) Any other moneys required to accomplish the purposes of this chapter.

(f) The corporation shall do all other things necessary and convenient to carry out the purposes of this chapter. [L 2006, c 180, pt of §3]
Haw. Rev. Stat. § 201-82 — HI Code / Division 1 / Title 13 / Chapter 201 / Section 201-82
Powers of the department.
Status: in_force

The department, subject to the approval of the director of budget and finance, shall have the following general powers to operate out-of-state offices and facilities established:

(1) To enter into contracts, leases, or cooperative agreements, or perform other transactions with any person, firm, partnership, association, company, corporation, or foreign nation, as may be necessary in the conduct of its business and on any terms as the department may deem appropriate, using competitive procurement practices, to the extent practicable, in accordance with rules adopted by the policy board;

(2) To establish operational bank accounts in out-of-state locations, including foreign denomination accounts, as may be necessary in the conduct of its business, notwithstanding the provisions of chapter 38;

(3) To receive by gifts, grants, devises, bequests, or otherwise from private sources or a foreign nation, any property, real, personal, or mixed, intangible or tangible, absolutely or in trust, to be used and disposed of, either the principal or the income therefrom, in accordance with the conditions under which it was received;

(4) To buy, sell, lease, rent, hold, maintain, use, and operate any property, real, personal, or mixed, tangible or intangible, in accordance with the conditions under which it was received;

(5) To hire such personnel as may be necessary in the conduct of its business and on any terms as the department may deem appropriate; and

(6) To do any or all other acts reasonably necessary to carry out the objects and purposes of this part, provided that the department shall not obligate any funds of the State not appropriated to the department. [L 1988, c 366, pt of §1; am L Sp 1993, c 8, §17; am L 1997, c 352, §23; am L 2025, c 158, §5]
Haw. Rev. Stat. § 206E-195 — HI Code / Division 1 / Title 13 / Chapter 206E / Section 206E-195
Kalaeloa community development special fund.
Status: in_force

(a) There is established in the state treasury the Kalaeloa community development special fund, into which shall be deposited:

(1) All revenues, income, and receipts of the authority for the Kalaeloa community development district, notwithstanding any other law to the contrary, including section 206E-16;

(2) Moneys directed, allocated, or disbursed to the Kalaeloa community development district from government agencies or private individuals or organizations, including grants, gifts, awards, donations, and assessments of landowners for costs to administer and operate the Kalaeloa community development district; and

(3) Moneys appropriated to the fund by the legislature.

(b) Moneys in the Kalaeloa community development special fund shall be used for the purposes of this part.

(c) Investment earnings credited to the assets of the fund shall become part of the assets of the fund. [L 2002, c 184, pt of §2 ; am L Sp 2021, c 9, §27 ]
Haw. Rev. Stat. § 226-25 — HI Code / Division 1 / Title 13 / Chapter 226 / Section 226-25
Objective and policies for socio-cultural advancement--culture.
Status: in_force

(a) Planning for the State's socio-cultural advancement with regard to culture shall be directed toward the achievement of the objective of enhancement of cultural identities, traditions, values, customs, and arts of Hawaii's people.

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

(1) Foster increased knowledge and understanding of Hawaii's ethnic and cultural heritages and the history of Hawaii.

(2) Support activities and conditions that promote cultural values, customs, and arts that enrich the lifestyles of Hawaii's people and which are sensitive and responsive to family and community needs.

(3) Encourage increased awareness of the effects of proposed public and private actions on the integrity and quality of cultural and community lifestyles in Hawaii.

(4) Encourage the essence of the aloha spirit in people's daily activities to promote harmonious relationships among Hawaii's people and visitors. [L 1978, c 100, pt of §2; am L 1986, c 276, §24]
Haw. Rev. Stat. § 227D-4 — HI Code / Division 1 / Title 13 / Chapter 227D / Section 227D-4
Research advisory committee.
Status: in_force

The authority shall appoint a research advisory committee for the purpose of obtaining expert and specialized counsel and advice on matters relating to scientific research and may include as members of the committee officers and employees of any government department or agency or members of the scientific community; provided that at least two members of the board shall be appointed to the committee. Members of the advisory committee shall elect the chairperson and secretary of the committee, who shall serve as members of the board. The authority may assign its own staff to aid and assist the committee and may reimburse any member of the committee for necessary expenses incurred in the performance of the member's work for the authority.
Haw. Rev. Stat. § 201H-19 — HI Code / Division 1 / Title 13 / Chapter 201H / Section 201H-19
Remedies of an obligee: mandamus; injunction; possessory action; receiver; accounting; etc.
Status: in_force

An obligee of the corporation shall have the right, in addition to all other rights that may be conferred on the obligee subject only to any contractual restrictions binding upon the obligee, and subject to the prior and superior rights of others:

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

(2) By suit, action, or proceeding in equity to enjoin any acts or things that may be unlawful, or the violation of any of the rights of the obligee of the corporation;

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

(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 corporation), to obtain the appointment of a receiver of any housing project of the corporation or any part or parts thereof, and if the receiver is appointed, the receiver may enter and take possession of the housing project or any part or parts thereof and operate and maintain same, and collect and receive all fees, rents, revenues, or other charges thereafter arising therefrom in the same manner as the corporation itself might do and shall keep the moneys in a separate account or accounts and apply the same in accordance with the obligations of the corporation as the court shall direct; and

(5) By suit, action, or proceeding in any court of competent jurisdiction to require the corporation and the members thereof to account as if it and they were the trustees of an express trust. [L 2005, c 196, pt of §20; am L 2006, c 180, §15]
Haw. Rev. Stat. § 205-3.1 — HI Code / Division 1 / Title 13 / Chapter 205 / Section 205-3.1
Amendments to district boundaries.
Status: in_force

(a) District boundary amendments involving lands in the conservation district, land areas greater than fifteen acres, or lands delineated as important agricultural lands shall be processed by the land use commission pursuant to section 205-4.

(b) Any department or agency of the State, and department or agency of the county in which the land is situated, or any person with a property interest in the land sought to be reclassified may petition the appropriate county land use decision-making authority of the county in which the land is situated for a change in the boundary of a district involving lands less than fifteen acres presently in the rural and urban districts and lands less than fifteen acres in the agricultural district that are not designated as important agricultural lands.

(c) District boundary amendments involving land areas of fifteen acres or less, except as provided in subsection (b), shall be determined by the appropriate county land use decision-making authority for the district and shall not require consideration by the land use commission pursuant to section 205-4; provided that such boundary amendments and approved uses are consistent with this chapter. The appropriate county land use decision-making authority may consolidate proceedings to amend state land use district boundaries pursuant to this subsection, with county proceedings to amend the general plan, development plan, zoning of the affected land, or such other proceedings. Appropriate ordinances and rules to allow consolidation of such proceedings may be developed by the county land use decision-making authority.

(d) The county land use decision-making authority shall serve a copy of the application for a district boundary amendment to the land use commission and the department of business, economic development, and tourism and shall notify the commission and the department of the time and place of the hearing and the proposed amendments scheduled to be heard at the hearing. A change in the state land use district boundaries pursuant to this subsection shall become effective on the day designated by the county land use decision-making authority in its decision. Within sixty days of the effective date of any decision to amend state land use district boundaries by the county land use decision-making authority, the decision and the description and map of the affected property shall be transmitted to the land use commission and the department of business, economic development, and tourism by the county planning director. [L 1985, c 230, §3; am L 1987, c 336, §7; am L 1990, c 293, §8; am L 2005, c 183, §3]
Haw. Rev. Stat. § 206-29 — HI Code / Division 1 / Title 13 / Chapter 206 / Section 206-29
Form and sale of bonds.
Status: in_force

[(a)] The bonds of the board of land and natural resources shall be authorized by resolution and may be issued in one or more series and shall bear a date or dates, mature at a time or times, not exceeding sixty years from the date thereof, bear interest at a rate or rates, not exceeding six per cent a year, be in a denomination or denominations, be in a form either coupon or registered, carry conversion or registration privileges, have a rank or priority, be executed in a manner, be payable in a medium of payment, at a place or places, and be subject to terms or redemption (with or without premium) that the resolution, its trust indenture, or mortgage may provide.

[(b)] The bonds shall be sold at not less than par at public sale held after public notice given at least five days prior to the sale statewide; provided that the bonds may be sold at not less than par to the federal government at private sale without any public notice.

[(c)] If any member or officer of the board whose signature appears on any bond or coupon ceases to be a member or official before the delivery of a bond, the member's or officer's signature, nevertheless, shall be valid and sufficient for all purposes, the same as if the member or officer had remained in office until its delivery. Any provision of any law to the contrary notwithstanding, all bonds issued pursuant to this chapter shall be fully negotiable.

[(d)] In any suit, action, or proceedings, involving the validity or enforcement of any bond of the board or the security therefor, any bond, reciting in substance that it has been issued by the board to aid in financing a development project, shall be conclusively deemed to have been issued for a development project, and the project shall be conclusively deemed to have been planned, located, and constructed in accordance with the purposes and provisions of this chapter. [L 1961, c 6, §27; Supp, §98J-27; HRS §206-29; gen ch 1985; am L 1998, c 2, §65]
Haw. Rev. Stat. § 206E-193 — HI Code / Division 1 / Title 13 / Chapter 206E / Section 206E-193
District established; boundaries.
Status: in_force

The Kalaeloa community development district is established. The district shall include that area within the boundaries described as follows: the eastern boundary begins at Geiger Gate and runs along East Hansen Road to the intersection with Essex Road until its termination at White Plains Beach Park, where it follows the eastern boundary of parcel 9-1-13:74 to the shoreline at the mean high water mark; the northern boundary begins at the eastern corner at the Geiger Road entry gate where it becomes Roosevelt Road and continues westward until its intersection with West Perimeter Road; the western boundary follows the West Perimeter Road until its termination and then follows the western border of parcel 9-1-13:30 to the shoreline at the mean high water mark; two parcels (9-1-13:01 and 9-1-13:09) lying west of West Perimeter Road toward its mauka end, and two parcels (9-1-31:28 and 9-1-31:47) lying west of West Perimeter Road on its makai end, all of which are physically separated from the western boundary by a storm water drainage canal, are also included; the southern boundary follows the shoreline at the mean high water mark from the western boundary of parcel 9-1-13:30 to the eastern boundary of White Plains Beach Park (9-1-13:74). All references to parcel numbers contained herein indicate the areas identified by such tax map key numbers as of March 18, 2002.
Haw. Rev. Stat. § 206J-9 — HI Code / Division 1 / Title 13 / Chapter 206J / Section 206J-9
Construction contracts.
Status: in_force

The development corporation shall award construction contracts in conformity with chapter 103D and this chapter.
Haw. Rev. Stat. § 201C-5 — HI Code / Division 1 / Title 13 / Chapter 201C / Section 201C-5
Annual report.
Status: in_force

The department shall report to the governor and the legislature on the revolving fund's revenues and expenditures for each fiscal year. The report shall be submitted no later than twenty days prior to the convening of each regular session.
Haw. Rev. Stat. § 201M-9 — HI Code / Division 1 / Title 13 / Chapter 201M / Section 201M-9
Executive order.
Status: in_force

The governor may execute any executive order, memorandum, or directive necessary to implement any provision of this chapter.
Haw. Rev. Stat. § 205A-23 — HI Code / Division 1 / Title 13 / Chapter 205A / Section 205A-23
County special management area boundaries.
Status: in_force

(a) The special management area in each county shall be as shown on such maps filed with the authority as of June8, 1977.

(b) On or before December31, 1979, the authority shall review and pursuant to chapter 91, amend as necessary its special management area boundaries, to further the objectives and policies of this chapter, provided that any contraction of the special management area boundaries as provided for in subsection (a), shall be subject to lead agency review and determination as to compliance with the objectives and policies of this chapter and any guidelines enacted by the legislature. Copies of the existing and amended maps shall be filed with the authority and the lead agency.

(c) Nothing in this chapter shall preclude the authority from amending its special management area boundary at any point in time; provided that the procedures and requirements outlined in subsection (b) shall be complied with and provided further that any future special management area boundary adjustments shall be restricted to the coastal zone management area. [L 1975, c 176, pt of §1; am L 1977, c 188, §7; am L 1979, c 200, §8]
Haw. Rev. Stat. § 206M-2.5 — HI Code / Division 1 / Title 13 / Chapter 206M / Section 206M-2.5
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 interests 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 an addition to the exceptions listed in section 92-5, to enable the development corporation to respect the proprietary requirements of enterprises with which it has business dealings.

(c) The board shall be exempt from section 26-35(a)(4) and (5). [L 1989, c 274, pt of §1; am L 2000, c 297, §26; am L 2004, c 16, §4]
Haw. Rev. Stat. § 201H-12 — HI Code / Division 1 / Title 13 / Chapter 201H / Section 201H-12
Development of property.
Status: in_force

(a) The corporation, in its own behalf or on behalf of any federal, state, or county agency, may:

(1) Clear, improve, and rehabilitate property;

(2) Plan, develop, construct, and finance housing projects, including mixed-use developments; and

(3) In cooperation with any state or county department or agency, including the department of education and department of accounting and general services, plan facilities and related infrastructure as an integral part of its housing projects, including mixed-use developments, using all its innovative powers toward achieving that end expeditiously and economically; provided that facilities developed in cooperation with the department of education comply with the department of education's educational objectives and requirements.

For purposes of this subsection, "mixed-use developments" means a development that contains affordable residential dwelling units that may be combined with governmental, educational, commercial, cultural, institutional, or industrial uses; is approved by the county in which the project is located; and is subject to: chapter 104; title 40 United States Code sections 3141, 3142, 3143, 3144, 3146, and 3147; or a project labor agreement by law or contract in the construction of the project.

(b) The corporation may develop public land in an agricultural district subject to the prior approval of the land use commission, when developing lands greater than fifteen acres in size, and public land in a conservation district subject to the prior approval of the board of land and natural resources. The corporation shall not develop state monuments, historical sites, or parks. When the corporation proposes to develop public land, it shall file with the department of land and natural resources a petition setting forth the purpose for the development. The petition shall be conclusive proof that the intended use is a public use superior to that which the land has been appropriated.

(c) The corporation may develop or assist in the development of federal lands with the approval of appropriate federal authorities.

(d) The corporation shall not develop any public land where the development may endanger the receipt of any federal grant, impair the eligibility of any government agency for a federal grant, prevent the participation of the federal government in any government program, or impair any covenant between the government and the holder of any bond issued by the government.

(e) The corporation may contract or sponsor with any county, housing authority, or person, subject to the availability of funds, an experimental or demonstration housing project designed to meet the needs of elders; the disabled; displaced or homeless persons; low- and moderate-income persons; teachers or other government employees; or university and college students and faculty. [L 2005, c 196, pt of §20; am L 2006, c 180, §10; am L 2016, c 131, §2]
Haw. Rev. Stat. § 206E-114 — HI Code / Division 1 / Title 13 / Chapter 206E / Section 206E-114
Reserved housing loan programs; evidence of eligible loan or eligible project loan.
Status: reserved

(a) Each mortgage lender who participates in any reserved housing loan program shall submit evidence, as deemed satisfactory by the authority, that eligible loans or eligible project loans have been made from the proceeds of the revenue bonds.

(b) The authority may inspect the books and records of the mortgage lenders as may be necessary for this section. [L 1982, c 228, pt of §8]
Haw. Rev. Stat. § 206-18 — HI Code / Division 1 / Title 13 / Chapter 206 / Section 206-18
Security for funds deposited by board.
Status: in_force

The board of land and natural resources may, by resolution, provide that any moneys deposited by it shall be secured:

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

(2) By an undertaking with such sureties as are approved by the board faithfully to keep and pay over upon the order of the board any deposits and agreed interest thereon, and all banks and trust companies may give any security for the deposits. [L 1961, c 6, §16; am L 1963, c 114, §1; Supp, §98J-16; HRS §206-18; am L 1979, c 105, §19]
Haw. Rev. Stat. § 210-3.5 — HI Code / Division 1 / Title 13 / Chapter 210 / Section 210-3.5
REPEALED.
Status: in_force

L Sp 1995, c 2, §3(3); L 1999, c 112, §2.
Haw. Rev. Stat. § 206M-10 — HI Code / Division 1 / Title 13 / Chapter 206M / Section 206M-10
Authorization for loans; loan terms and conditions; loan procedure.
Status: in_force

(a) Notwithstanding any law to the contrary, the director of finance is authorized, with the approval of the governor, to make loans up to the aggregate sum of $1,000,000, or so much thereof as may be necessary, to the development corporation. The loans shall be made from the state general fund moneys which are in excess of the amounts necessary for immediate state requirements, and shall be used for the purpose of paying administrative and other costs associated with the development of economic zones and other projects and activities that encourage the growth of the technology industry in Hawaii.

(b) The development corporation, to the extent moneys become available from bond proceeds or otherwise, shall repay the general fund the principal amount of any loan made by the director of finance. No interest shall be required for any such loan.

(c) Loans authorized by this section shall be drawn upon by the development corporation from time to time upon at least five days notice to the director of finance and upon the filing with the director of finance of a certificate of the chairperson of the board setting forth the amount being borrowed, the names of the persons, firms, or corporations to which moneys will be paid from the proceeds of such borrowing and the amount to be paid to each. In addition, the chairperson of the board shall file with the director of finance a copy of the resolution or resolutions of the board approving contracts for services which will be paid from the proceeds of the borrowing. [L 1983, c 152, pt of §2; am L 1991, c 288, §3; am L 2000, c 72, §14; am L 2017, c 69, §5; am L 2022, c 55, §2]
Haw. Rev. Stat. § 206-4 — HI Code / Division 1 / Title 13 / Chapter 206 / Section 206-4
General powers.
Status: in_force

The board of land and natural resources shall have all the powers necessary or convenient to carry out and effectuate the purposes and provisions of this chapter, including, without limitation, the following powers in addition to others herein granted:

(1) To make and execute contracts and other instruments necessary or convenient to the exercise of the powers of the board;

(2) To make, amend, or repeal any rule or regulation, having the force and effect of law, in accordance with chapter 91;

(3) To prepare, carry out, and operate development projects in any development area; and to provide for the construction, reconstruction, improvement, alteration, or repair of any development project or any part thereof;

(4) To provide for the regulation of development projects financed by private funds and instituted under the terms of this chapter;

(5) To sell, to lease, or to lease with option to purchase lands; and

(6) In addition to all of the other powers conferred upon it, to do all things necessary and convenient to carry out the powers expressly given by this chapter. [L 1961, c 6, §5; am L 1965, c 96, §81; Supp, §98J-5; HRS §206-4]
Haw. Rev. Stat. § 206M-68 — HI Code / Division 1 / Title 13 / Chapter 206M / Section 206M-68
[ §206M-68] Requests for assistance from the development corporation; procedure.
Status: in_force

[ §206M-68] Requests for assistance from the development corporation; procedure. (a) The board shall approve or disapprove requests for assistance within ninety days of receiving a written application under this part. Upon written request by an applicant, the board may reconsider its denial of an application for assistance or may waive the ninety-day deadline for approving or disapproving an application.

(b) Any person who submits any statement, report, application, or other document to the development corporation under this part that is known to the person to be false in any material respect shall be guilty of a class C felony.

(c) The development corporation may condition any assistance of any type under this part by placing restrictions on the recipient in regard to the recipient's assets or indebtedness or in any other manner deemed appropriate by the development corporation. A recipient who accepts assistance from the development corporation under this part shall be deemed to agree to be bound by any conditions or restrictions imposed by the development corporation. [L 2019, c 56, pt of §2]
Haw. Rev. Stat. § 206M-62 — HI Code / Division 1 / Title 13 / Chapter 206M / Section 206M-62
[ §206M-62] Strategic development programs revolving fund.
Status: in_force

[ §206M-62] Strategic development programs revolving fund. There is established the strategic development programs revolving fund. The following moneys shall be deposited into the strategic development programs revolving fund and shall not be considered part of the general fund: all moneys appropriated by the legislature, received as repayments of loans, earned on investments, received pursuant to a venture agreement, received as royalties, received as premiums or fees charged by the development corporation, or otherwise received by the development corporation.
Haw. Rev. Stat. § 201H-11 — HI Code / Division 1 / Title 13 / Chapter 201H / Section 201H-11
Agents, including corporations.
Status: in_force

The corporation may exercise any or all of the powers conferred upon it, either generally or with respect to any specific housing project through an agent that it may designate, including any corporation that is formed under the laws of this State, and for such purposes the corporation may cause one or more corporations to be formed under the laws of this State or may acquire the capital stock of any corporation. Any corporate agent, all of the stock of which shall be owned by the corporation or its nominee, to the extent permitted by law, may exercise any of the powers conferred upon the corporation in this chapter.
Haw. Rev. Stat. § 206E-284 — HI Code / Division 1 / Title 13 / Chapter 206E / Section 206E-284
[ § 206E-284] Sale of the leasehold interest of residential condominium units; rules; guidelines.
Status: in_force

[ § 206E-284] Sale of the leasehold interest of residential condominium units; rules; guidelines. (a) The authority shall adopt rules pursuant to chapter 91 for the sale of the leasehold interest of residential condominium units under its control within urban redevelopment sites; provided that each lease shall be for a term of ninety-nine years. The rules shall include the following requirements for an eligible buyer or owner of a residential condominium unit within an urban redevelopment site:

(1) The person shall be a qualified resident of the State, as defined in section 201H-32;

(2) The person shall not use a residential condominium unit within an urban redevelopment site for any purpose other than owner-occupied residential use; and

(3) The person, the person's spouse, or any other person intending to live with the eligible buyer or owner, shall not own any other real property, including any residential and non-residential property, beneficial ownership of trusts, and co-ownership or fractional ownership, while owning a residential condominium unit within an urban redevelopment site; provided that an eligible buyer may own real property up to six months after closing on the purchase of a residential condominium unit within an urban redevelopment site; provided further that an owner of a residential condominium unit within an urban redevelopment site in the process of selling the residential condominium unit may own other real property up to six months prior to closing on the sale of the residential condominium unit to an eligible buyer;

provided that the rules adopted pursuant to this subsection may require at least fifty per cent of the residential condominium units be sold to an individual or household with an income of up to one hundred forty per cent of the area median income. The rules shall include strict enforcement of owner-occupancy, including a prohibition on renting or subleasing a residential condominium unit within an urban redevelopment site to any tenant or sublessee. The authority may also establish rules for a minimum number of days residents shall be physically present on the premises and a maximum number of days non-residents may have access to the premises.

(b) The median price of residential condominium units within an urban redevelopment site shall be priced at the minimum levels necessary to ensure that the development is revenue-neutral for the State.

(c) Residential condominium units within an urban redevelopment site shall be sold only to other eligible buyers.

(d) An owner of a residential condominium unit within an urban redevelopment site may sell the owner's residential condominium unit; provided that the authority shall have the right of first refusal to purchase the residential condominium unit for certain period of time and for a buyback price to be determined by the authority. If the authority does not exercise its right to purchase the residential condominium unit, the residential condominium unit may be sold by the owner to an eligible buyer. Upon the death of the owner of a residential condominium unit within an urban redevelopment site, the residential condominium unit may be transferred to the deceased's heir by devise or as any other real property under existing law; provided that the deceased's heir shall meet the requirements listed in subsection (a); provided further that if the deceased's heir does not meet requirements to accept transfer of the residential condominium unit, the deceased's heir shall sell the residential condominium unit to an eligible buyer.

(e) The authority may adopt rules pursuant to chapter 91 that authorize the executive director to waive the requirements set forth in subsection (a), where the inability of an owner to reside in the residential condominium unit is due to unforeseen circumstances, military transfer, serious illness, or other hardship circumstances as determined by the executive director. [L 2023, c 97, pt of §3]
Haw. Rev. Stat. § 207-3 — HI Code / Division 1 / Title 13 / Chapter 207 / Section 207-3
Purpose for and terms of loans.
Status: in_force

[(a)] Loans of state funds made pursuant to this part may be granted only for construction of residences upon the premises. Loans shall be secured by a mortgage which may be subordinate only to another mortgage given to a lending institution as security for a loan for the purpose provided above. Loans shall be made to relieve the burden of the required down payment or to extend the period over which monthly payments would be required upon a finding that the applicant's income would not otherwise reasonably support such payments.

[(b)] Loans shall not exceed twenty-five per cent of the cost of the improvements, and in no case shall any loan exceed $5,000. The director of finance shall by appropriate regulation establish the interest rate on the state loan and may authorize repayment upon such terms as the director of finance deems appropriate but in no case shall the payments extend beyond forty years. [L 1961, c 194, §4; am L 1963, c 114, §1; Supp, §98L-4; HRS §207-3; gen ch 1985]
Haw. Rev. Stat. § 225M-6 — HI Code / Division 1 / Title 13 / Chapter 225M / Section 225M-6
§ §225M-6 and 225M-7 REPEALED.
Status: repealed

§ §225M-6 and 225M-7 REPEALED. L 2015, c 237, §§33, 34.
Haw. Rev. Stat. § 201H-143 — HI Code / Division 1 / Title 13 / Chapter 201H / Section 201H-143
Housing loan programs; procedures and requirements.
Status: in_force

(a) The corporation may establish procedures and requirements for:

(1) The purchase of loans from mortgage lenders by auction, invitation of tender, advance commitment, or other negotiation;

(2) The making of loans through mortgage lenders to eligible borrowers or qualified sponsors;

(3) The allocation to mortgage lenders of money made available under this subpart; and

(4) The participation by mortgage lenders as originators and processors of loans on behalf of the corporation under this subpart.

(b) The corporation may adopt rules under chapter 91 necessary or convenient for the operation of the housing loan programs established under this subpart. [L 2006, c 180, pt of §4]