Haw. Rev. Stat. § 226-14 — HI Code / Division 1 / Title 13 / Chapter 226 / Section 226-14
Objective and policies for facility systems--in general.
Status: in_force

(a) Planning for the State's facility systems in general shall be directed towards achievement of the objective of water, transportation, sustainable development, climate change adaptation, sea level rise adaptation, waste disposal, and energy and telecommunication systems that support statewide social, economic, and physical objectives.

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

(1) Accommodate the needs of Hawaii's people through coordination of facility systems and capital improvement priorities in consonance with state and county plans.

(2) Encourage flexibility in the design and development of facility systems to promote prudent use of resources and accommodate changing public demands and priorities.

(3) Ensure that required facility systems can be supported within resource capacities and at reasonable cost to the user.

(4) Pursue alternative methods of financing programs and projects and cost-saving techniques in the planning, construction, and maintenance of facility systems.

(5) Identify existing and planned state facilities that are vulnerable to sea level rise, flooding impacts, and natural hazards.

(6) Assess a range of options to mitigate the impacts of sea level rise to existing and planned state facilities. [L 1978, c 100, pt of §2; am L 1986, c 276, §13; am L 2021, c 178, §4]
Haw. Rev. Stat. § 201B-7.5 — HI Code / Division 1 / Title 13 / Chapter 201B / Section 201B-7.5
Applicability of Hawaii public procurement code; convention center contractor; construction contracts.
Status: in_force

The construction contracts for the maintenance of the convention center facility by the private contractor that operates the convention center, by its direct or indirect receipt of, and its expenditure of, public funds from the department of business, economic development, and tourism or the authority, or both, shall be subject to part III of chapter 103D. [L Sp 2009, c 5, §1]
Haw. Rev. Stat. § 205A-3.5 — HI Code / Division 1 / Title 13 / Chapter 205A / Section 205A-3.5
Public advisory body; establishment; composition.
Status: in_force

(a) There is established within the lead agency a public advisory body that shall provide support to the lead agency as set forth in subsection (f).

(b) The public advisory body shall be composed of not more than twelve members who shall be appointed by the director of the lead agency for staggered terms of not more than three years. These members shall be selected with consideration given to the following criteria:

(1) Statewide geographic distribution; and

(2) Balanced representation from among the following interests: business, environment, practitioners of native Hawaiian culture, terrestrial and marine commerce, recreation, research, and tourism.

The lead agency shall undertake widespread solicitation of applications from persons who are interested in serving on the public advisory body.

(c) The public advisory body shall select its own chair from among its members.

(d) The public advisory body may establish working groups as needed. Working group members may include persons who are not members of the public advisory body.

(e) Public advisory body and working group members shall serve without compensation.

(f) The public advisory body shall support the lead agency by providing advice regarding marine and coastal zone management planning, coordination, and facilitation of functions of the coastal zone management program. It shall:

(1) Evaluate the state coastal zone management program, including activity of the network agencies, and make recommendations for improvements;

(2) A dvocate for the program to the public and the executive and legislative branches of government; and

(3) Advocate, provide for, and act upon citizen input.

(g) The public advisory body shall work toward the implementation of an integrated and comprehensive management system for marine and coastal zone resources, consistent with the objectives and policies established in this chapter. [L 1995, c 104, §3; am L 2001, c 169, §5]
Haw. Rev. Stat. § 206M-18 — HI Code / Division 1 / Title 13 / Chapter 206M / Section 206M-18
Assistance by state and county agencies.
Status: in_force

Every state or county agency may render services to the development corporation upon request of the development corporation.
Haw. Rev. Stat. § 206M-15.2 — HI Code / Division 1 / Title 13 / Chapter 206M / Section 206M-15.2
Research and development program established.
Status: in_force

(a) There is established within the development corporation, the research and development program, to help Hawaii-based small businesses optimize research and development performed in Hawaii.

(b) Subject to available funds, the research and development program shall:

(1) Apply funds to support product development, technology transfer, and commercialization;

(2) Provide capital to support accelerated commercialization activities for qualified Hawaii-based small businesses;

(3) Provide capital to sustain high-potential infrastructure development to assist qualified Hawaii-based small businesses towards commercial success;

(4) Promote efforts that reverse the loss of qualified workers to other states by providing jobs to retain existing Hawaii technology employees and enable highly qualified scientists and engineers to return to living-wage jobs in Hawaii;

(5) Promote efforts that keep technology companies in Hawaii by limiting the need to seek out-of-state venture capital, which dilutes local ownership and increases the probability of high-potential technology companies moving from Hawaii; and

(6) Provide grants of up to $300,000 for critical product development that enables a qualified Hawaii-based small business to achieve significant product development and technical milestones.

(c) To receive funding, a Hawaii-based small business shall submit to the development corporation proof of the federal research and development tax credits received. Proof shall be in the form of copies of the small business Internal Revenue Service Form 6765 Credit for Increasing Research Activities as filed. The business shall be eligible to receive a grant in an amount equal to the average of the federal tax credit for the prior three tax years.

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

(e) The development corporation may adopt rules pursuant to chapter 91 necessary to carry out the purposes of this section.

(f) For purposes of this section:

"Hawaii-based small business" means a company:

(1) Headquartered in the State;

(2) Doing business in the State for not less than five years; and

(3) Employing fifteen or more residents with income subject to taxation pursuant to chapter 235.

"Resident" shall have the same meaning as in section 235-1. [L 2018, c 141, pt of §2; am L Sp 2021, c 9, §30]
Haw. Rev. Stat. § 201H-140 — HI Code / Division 1 / Title 13 / Chapter 201H / Section 201H-140
Additional powers.
Status: in_force

The powers conferred upon the corporation by this subpart shall be in addition and supplemental to the powers conferred by any other law, and nothing in this subpart shall be construed as limiting any powers, rights, privileges, or immunities so conferred.
Haw. Rev. Stat. § 206E-7 — HI Code / Division 1 / Title 13 / Chapter 206E / Section 206E-7
Community development rules.
Status: in_force

(a) The authority shall establish community development rules under chapter 91 on health, safety, building, planning, zoning, and land use which, upon final adoption of a community development plan, shall supersede all other inconsistent ordinances and rules relating to the use, zoning, planning, and development of land and construction thereon. Rules adopted under this section shall follow existing law, rules, ordinances, and regulations as closely as is consistent with standards meeting minimum requirements of good design, pleasant amenities, health, safety, and coordinated development. The authority may, in the community development plan or by a community development rule, provide that lands within a community development district shall not be developed beyond existing uses or that improvements thereon shall not be demolished or substantially reconstructed, or provide other restrictions on the use of the lands.

(b) Development rights under a master plan permit and master plan development agreement issued and approved by the authority are vested under the community development district rules in effect at the time of initial approval by the authority and shall govern development on lands subject to such permit and agreement. [L 1976, c 153, pt of §1; am L 2014, c 61, §7]
Haw. Rev. Stat. § 210D-7 — HI Code / Division 1 / Title 13 / Chapter 210D / Section 210D-7
Authority of council.
Status: in_force

The council shall review all requests for financial assistance to assess whether the proposed community-based economic development activity or enterprise is likely to achieve the purposes of this chapter. The council shall make recommendations to the department regarding the appropriateness of the proposed activity or enterprise, and the department shall then have final authority to approve or disapprove the application for financial assistance.
Haw. Rev. Stat. § 206E-111 — HI Code / Division 1 / Title 13 / Chapter 206E / Section 206E-111
Reserved housing loan programs; general powers.
Status: reserved

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

(b) The authority may require representations and warranties as it determines necessary to secure its loans. [L 1982, c 228, pt of §8]
Haw. Rev. Stat. § 209E-2 — HI Code / Division 1 / Title 13 / Chapter 209E / Section 209E-2
Definitions.
Status: in_force

As used in this chapter:

"Call center" means a business providing service at an establishment in which customer and technical support service for manufacturing companies, disease management services, computer hardware and software companies, credit collection services, product fulfillment services, or disaster management services, are provided by telephone; provided that the business shall not include telemarketing or sales.

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

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

"Disease management services" means patient self-management education services, which may include primary prevention, behavioral modification, compliance/surveillance, and routine reporting and feedback including communication with patients, physicians, health plans, or ancillary providers.

"Education and training services" means courses and programs for international business executives in business management, marketing, financial services, human resources, risk management, and for technicians in environmental sciences and remediation.

"Eligible business activity" means the:

(1) Manufacture of tangible personal property, the wholesale sale of tangible personal property as described in section 237-4, or a service business as defined in this section;

(2) Production of agricultural products where the business is a producer as defined in section 237-5, or the processing of agricultural products, all or some of which were grown within an enterprise zone;

(3) Research, development, sale, or production of all types of genetically-engineered medical, agricultural, or maritime biotechnology products; or

(4) Production of electric power from wind energy for sale primarily to a public utility company for resale to the public;

provided that medical cannabis dispensary activities pursuant to chapter 329D shall not be considered an eligible business activity for the purposes of this chapter.

"Enterprise zone" means an area nominated by, and within the jurisdiction of, a county government, and subsequently declared by the governor to be eligible for the benefits of this chapter.

"Establishment" means a single physical location where business is conducted. A business firm may include one or more establishments, any number of which may be in the enterprise zones.

"Force majeure event" means an event, including damaging weather or natural disasters such as epidemic disease, pest outbreak, high wind, thunderstorm, hailstorm, tornado, fire, flood, earthquake, lava flow or other volcanic activity, drought, tidal wave, hurricane, or without limiting or restricting the foregoing in any way, any event reasonably beyond the control of, and not attributable to neglect by, an agricultural business.

"Full-time employee" means any employee, including a leased employee and an employee under a joint employment arrangement, for whom the employer is legally required to provide employee fringe benefits.

"Information technology design and production services" means computer software development, imagery creation, and data compilation, but not consumer sales or service businesses.

"Joint employment" means an employment arrangement:

(1) Between two or more employers to share an employee's services, as for example, to interchange employees;

(2) In which one employer acts directly or indirectly in the interest of the other employer or employers in relation to the employee; or

(3) In which two or more employers are not completely disassociated with respect to the employment of a particular employee and may be deemed to share control of the employee, directly or indirectly, by reason of the fact that one employer controls, is controlled by, or is under common control of the other employer.

"Leased employee" means an employee under a professional employer organization arrangement who is assigned to a particular client company on a substantially full-time basis for at least one year.

"Medical and health care services" means medical research and clinical trials, but not routine medical treatment or services.

"Qualified business" means any corporation, partnership, limited liability company, or sole proprietorship authorized to do business in the State that is qualified under section 209E-9, subject to the state corporate or individual income tax under chapter 235, and is engaged in an eligible business activity as defined in this chapter.

"Service business" means any corporation, partnership, limited liability company, or sole proprietorship that repairs ships, aircraft, or assisted technology equipment, provides telecommunication services, information technology design and production services, medical and health care services, or education and training services as defined in this chapter.

"Taxes due the State" means income taxes due under chapter 235.

"Telecommunication services" means terrestrial (copper and optical fiber cable) and satellite information delivery systems, switching systems, ground stations, and call centers, but not consumer services. [L 1986, c 78, pt of §1; am L 1988, c 141, §17; am L 1989, c 390, §1; am L 1990, c 293, §8; am L 1993, c 17, §1; am L 1995, c 91, §2; am L 1996, c 286, §1; am L 1997, c 262, §1; am L 2000, c 118, §2 and c 160, §2; am L 2002, c 122, §2; am L 2008, c 143, §3; am L 2009, c 174, §2; am L 2014, c 9, §2 and c 159, §2; am L 2016, c 226, §5 and c 230, §3; am L 2017, c 170, §2]
Haw. Rev. Stat. § 205-17 — HI Code / Division 1 / Title 13 / Chapter 205 / Section 205-17
Land use commission decision-making criteria.
Status: in_force

In its review of any petition for reclassification of district boundaries pursuant to this chapter, the commission shall specifically consider the following:

(1) The extent to which the proposed reclassification conforms to the applicable goals, objectives, and policies of the Hawaii state plan and relates to the applicable priority guidelines of the Hawaii state plan and the adopted functional plans;

(2) The extent to which the proposed reclassification conforms to the applicable district standards;

(3) The impact of the proposed reclassification on the following areas of state concern:

(A) Preservation or maintenance of important natural systems or habitats;

(B) Maintenance of valued cultural, historical, or natural resources;

(C) Maintenance of other natural resources relevant to Hawaii's economy, including agricultural resources;

(D) Commitment of state funds and resources;

(E) Provision for employment opportunities and economic development; and

(F) Provision for housing opportunities for all income groups, particularly the low, low-moderate, and gap groups;

(4) The standards and criteria for the reclassification or rezoning of important agricultural lands in section 205-50;

(5) The county general plan and all community, development, or community development plans adopted pursuant to the county general plan, as they relate to the land that is the subject of the reclassification petition; and

(6) The representations and commitments made by the petitioner in securing a boundary change. [L 1985, c 230, §1; am L 1990, c 261, §2; am L 2005, c 183, §6; am L 2008, c 26, §1]
Haw. Rev. Stat. § 206E-183 — HI Code / Division 1 / Title 13 / Chapter 206E / Section 206E-183
Findings and determination for special facility leases.
Status: in_force

The authority shall not enter into any special facility lease unless the authority at or prior to the entering into of such special facility lease shall find and determine that the entering into of such 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 authority then outstanding.
Haw. Rev. Stat. § 201H-40 — HI Code / Division 1 / Title 13 / Chapter 201H / Section 201H-40
Housing projects; construction and sponsorship.
Status: in_force

(a) The corporation, on behalf of the State or with eligible developers and contractors, shall develop real property and construct dwelling units thereon; provided that not less than ten per cent of the total number of units in single-family projects consisting of fifty units or more sponsored by the corporation shall be first offered to owner‑builders or to nonprofit organizations assisting owner‑builders in the construction of units thereon. Qualifications for developers and contractors shall be provided by rules adopted by the corporation in accordance with chapter 91. Any person, if qualified, may act as both the developer and the contractor.

(b) In selecting the eligible developers or in contracting any services or materials for the purposes of this chapter, the corporation shall not be subject to the competitive bidding laws.

(c) If working in partnership with an eligible developer, the corporation shall have sole control of the partnership, shall keep all books of the partnership, and shall ascertain all costs of the partnership, including the cost of services performed by any other partners, and the corporation shall audit the same. The other partners shall perform services for the partnership under the direction of the corporation and shall be reimbursed for all costs relating to the project as certified by the corporation, including administrative and overhead costs. Additionally, the other partners, upon transfer of title by the corporation to the purchaser, shall be entitled to a guaranteed gross share if the actual cost of the project does not exceed the original project cost. The gross share shall not exceed fifteen per cent of the original project cost prorated to the dwelling units, less any amount subsidized by the State. Subsidies shall include unrecovered development and land costs and any other subsidized items as defined in rules adopted by the corporation pursuant to chapter 91. The percentage of the share shall be determined by the corporation by contract with the partners based upon the nature of the services rendered by them. For purposes of this subsection, "original project cost" means the original budget of a project as approved by the corporation without modification at a later date.

(d) The corporation may require that performance bonds be posted to the benefit of the State with surety satisfactory to the corporation guaranteeing performance by the other partners, or the State may act as a self-insurer requiring security, if any, from the other partners, as the corporation shall deem necessary. [L 2006, c 180, pt of §3]
Haw. Rev. Stat. § 226-62 — HI Code / Division 1 / Title 13 / Chapter 226 / Section 226-62
REPEALED.
Status: in_force

L 1991, c 76, pt of §1.
Haw. Rev. Stat. § 205A-48 — HI Code / Division 1 / Title 13 / Chapter 205A / Section 205A-48
Conflict of other laws.
Status: in_force

In case of a conflict between the requirements of any other state law or county ordinance regarding shoreline setback lines, the more restrictive requirements shall apply in furthering the purposes of this part. Nothing contained in this part shall be construed to diminish the jurisdiction of the state department of transportation over wharves, airports, docks, piers, or other commercial harbors, and any other maritime facilities constructed by the State; provided that such plans are submitted for the review and information of the officer of the respective agency charged with the administration of the county zoning laws, and found not to conflict with any county ordinances, zoning laws, and building codes.
Haw. Rev. Stat. § 206J-18 — HI Code / Division 1 / Title 13 / Chapter 206J / Section 206J-18
Assistance by state and county agencies.
Status: in_force

Every state or county agency may render services upon request of the development corporation.
Haw. Rev. Stat. § 201B-6.4 — HI Code / Division 1 / Title 13 / Chapter 201B / Section 201B-6.4
[ §201B-6.
Status: in_force

[ §201B-6.4] Destination management action plans; counties; objectives; execution. To meet the destination management objectives for each county, the authority shall perform the actions specified in each of the following plans:

(1) Oahu destination management action plan;

(2) Maui nui destination management action plan;

(3) Hawaii island destination management action plan; and

(4) Kauai destination management action plan,

during the specified phases; provided that the execution of each destination management action plan shall be dependent on the cooperation and participation of the applicable state or county agency or an advisory group established pursuant to section 201B-13. [L 2024, c 225, §1]
Haw. Rev. Stat. § 206-1 — HI Code / Division 1 / Title 13 / Chapter 206 / Section 206-1
Definitions.
Status: in_force

Unless a different meaning clearly appears from the context, as used in this chapter:

"Board" means the board of land and natural resources as provided in chapter 26.

"Bonds" means any bonds, notes, interim certificates, debentures, or other obligations.

"Development area" means an area so designated pursuant to section 206-5.

"Development project" means a specific unit for development within a designated area for which a program of acquisition and development is established.

"Federal government" shall have the same meaning as set forth in section 201H-1.

"Government" shall have the meaning set forth in section 201H-1.

"Governor" means the governor of the State of Hawaii.

"Lands" means either undeveloped lands or land together with improvements and appurtenances and includes real property as defined in section 201H-1. All lands owned by the State, any political subdivision, or the federal government are "government lands". All other lands are "private lands".

"Lieutenant governor" means the lieutenant governor of the State of Hawaii.

"Obligee" means any bondholder, agents or trustees for any bondholders, or lessor demising to the board property used in conjunction with a development project, or any assignee of the lessor's interest or any part thereof, and the federal government when it is a party to any contract with the board.

"Political subdivision" means a county.

"Residence lot" means a lot not exceeding one-half acre in size, obtained by subdivision of lands acquired pursuant to this chapter and used for one or two family residential use only, except as may otherwise be provided herein.

"Residential use" or "residential purpose" means the devotion of a residence lot to use for one or two family dwelling purposes only.

"State" means the State of Hawaii. [L 1961, c 6, §2; Supp, §98J-2; HRS §206-1; am L 1997, c 350, §9; am L 1998, c 11, §15; am L 2007, c 249, §16; am L 2017, c 12, §17]
Haw. Rev. Stat. § 219-8 — HI Code / Division 1 / Title 13 / Chapter 219 / Section 219-8
Participation in loans by the department.
Status: in_force

§219-8 Participation in loans by the department.

(1) The department of agriculture and biosecurity may provide funds for a share, not to exceed ninety per cent, of the principal amount of a loan made to a qualified aquaculturist by a private lender who is otherwise unable to lend the applicant sufficient funds at reasonable rates where the qualified farmer is unable to obtain sufficient funds for the same purpose from the United States Department of Agriculture;

(2) Participation loans under this section shall be limited by the provisions of section 219-6 and the department of agriculture and biosecurity's share shall not exceed the maximum amounts specified therefor;

(3) Interest charged on the private lender's share of the loan shall not be more than the sum of two per cent above the lowest rate of interest charged by all state or national banks authorized to accept or hold deposits in the State on secured short term loans made to borrowers who have the highest credit rating with those banks;

(4) The private lender's share of the loan may be insured by the department up to ninety per cent of the principal balance of the loan, under section 219-7;

(5) When a participation loan has been approved by the department, its share shall be paid to the participating private lender for disbursement to the borrower. The private lender shall collect all payments from the borrower and otherwise service the loan;

(6) Out of interest collected, the private lender may be paid a service fee to be determined by the department that shall not exceed one per cent of the unpaid principal balance of the loan; provided that this fee shall not be added to any amount which the borrower is obligated to pay;

(7) The participating private lender may take over a larger percentage or the full principal balance of the loan at any time that it has determined, to the satisfaction of the department, that the borrower is able to pay any increased interest charges resulting; and

(8) Security for participation loans shall be limited by section 219-5(a)(6). All collateral documents shall be held by the private lender. Division of interest in collateral received shall be in proportion to participation by the department and the private lender. [L 1977, c 212, pt of §2; am L 1989, c 261, §11; am L 1993, c 350, §10; am L 1997, c 258, §13; am L 2001, c 55, §8(3) ; am L 2025, c 236, §15]
Haw. Rev. Stat. § 201H-93 — HI Code / Division 1 / Title 13 / Chapter 201H / Section 201H-93
Eligible borrowers.
Status: in_force

(a) The corporation shall establish the qualifications of the eligible borrower, and may consider the following:

(1) The proportion of income spent for shelter;

(2) Size of the family;

(3) Cost and condition of housing available to the total housing market; and

(4) Ability of the person to compete successfully in the normal housing market and to pay the amounts on which private enterprise is providing loans for safe, decent, and sanitary housing in the State.

(b) The family income of an eligible borrower shall not exceed the income requirements of section 143(f) of the Internal Revenue Code of 1986, as amended.

(c) For the purpose of determining the qualification of an eligible borrower for an eligible improvement loan:

(1) The dwelling unit for which the eligible improvement loan is to be made and the property on which the dwelling unit is situated shall not be included in the calculation of the eligible borrower's assets; and

(2) The mortgage secured by the dwelling unit and property shall not be included in the calculation of the eligible borrower's liabilities.

(d) For the purpose of determining the qualification of an eligible borrower for an eligible loan for a targeted area residence:

(1) The dwelling unit being replaced and the property on which the dwelling unit is situated shall not be included in the calculation of the eligible borrower's assets; and

(2) The mortgage secured by the dwelling unit and the property shall not be included in the calculation of the eligible borrower's liabilities. [L 2006, c 180, pt of §4]
Haw. Rev. Stat. § 206E-192 — HI Code / Division 1 / Title 13 / Chapter 206E / Section 206E-192
Designation of the Kalaeloa community development district.
Status: in_force

(a) The federal Department of Defense declared approximately two thousand one hundred fifty acres of land at the Barbers Point Naval Air Station to be surplus to its needs and under a base realignment is conveying these surplus lands to the various end users identified by the community reuse plan. The governor has approved and forwarded to the Navy the community reuse plan for these surplus lands.

(b) The legislature hereby designates these surplus lands as the "Kalaeloa community development district". [L 2002, c 184, pt of §2]
Haw. Rev. Stat. § 201B-14 — HI Code / Division 1 / Title 13 / Chapter 201B / Section 201B-14
Declaration of public function, purpose, and necessity.
Status: in_force

The powers and functions granted to and exercised by the Hawaii tourism authority under this chapter are declared to be public and governmental functions, exercised for a public purpose, and matters of public necessity.
Haw. Rev. Stat. § 229-1 — HI Code / Division 1 / Title 13 / Chapter 229 / Section 229-1
Definitions.
Status: in_force

For the purposes of this chapter, unless the context otherwise requires:

"Commission" means the Hawaii sister-state and international partnerships commission established under section 229-2.

"Sister-state or province partnership" means a partnership between the State of Hawaii and the state or province or similar governmental or political subdivision of a foreign nation. [L 2006, c 150, pt of §2; am L 2025, c 158, §6]
Haw. Rev. Stat. § 206E-116 — HI Code / Division 1 / Title 13 / Chapter 206E / Section 206E-116
Loan to lenders program; collateral security.
Status: in_force

(a) Loans made to mortgage lenders shall be additionally secured by a pledge of a lien upon collateral security in an amount as the authority deems necessary to assure the payment of principal of and interest on the loans as they become due.

(b) The authority shall determine the nature and type of collateral security required.

(c) A statement designating the collateral security pledged, the mortgage lender pledging the collateral, and the authority's interest in the pledged collateral may be filed with the bureau of conveyances. Where a statement has been filed, no possession, further filing, or other action under any state law shall be required to perfect any security interest which may be deemed to have been created in favor of the authority. The mortgage lender shall be deemed the trustee of an express trust for the benefit of the authority in all matters relating to the pledged collateral.

(d) Subject to any agreement with the holders of its revenue bonds, the authority may collect, enforce the collection of, and foreclose on any collateral securing its loans to mortgage lenders. The authority may acquire, take possession, sell at public or private sale with or without bidding, or otherwise deal with the collateral to protect its interests. [L 1982, c 228, pt of §8]
Haw. Rev. Stat. § 212-7 — HI Code / Division 1 / Title 13 / Chapter 212 / Section 212-7
Powers; indemnity or assurance to the United States and deposits with United States.
Status: in_force

If authorized to establish, operate, and maintain a foreign-trade zone, a public corporation may, in addition to its other powers:

(1) Provide for such indemnity or assurance to the United States or its agencies as they may request; [and]

(2) Deposit such sums of money with the United States as the United States or its agencies may request, providing the money is available therefor by direct appropriation or otherwise. [L 1963, c 7, §8; Supp, §98T-8; HRS §212-7]
Haw. Rev. Stat. § 210D-3 — HI Code / Division 1 / Title 13 / Chapter 210D / Section 210D-3
Hawaii community-based economic development technical and financial assistance program.
Status: in_force

There is established the Hawaii community-based economic development technical and financial assistance program, placed within the department.
Haw. Rev. Stat. § 201B-16 — HI Code / Division 1 / Title 13 / Chapter 201B / Section 201B-16
Annual report.
Status: in_force

The authority shall submit a complete and detailed report of its activities, expenditures, and results, including the progress of the strategic tourism management plan developed pursuant to section 201B-6, toward achieving the authority's strategic plan goals, to the governor and legislature no later than twenty days prior to the convening of each regular session of the legislature. The annual report shall include the descriptions and evaluations of programs funded, together with any recommendations by the authority.
Haw. Rev. Stat. § 206J-15 — HI Code / Division 1 / Title 13 / Chapter 206J / Section 206J-15
Bonds as legal investments and lawful security.
Status: in_force

Bonds issued pursuant to this chapter shall be and are declared to be legal and authorized investments for banks, savings banks, trust companies, savings and loan associations, insurance companies, fiduciaries, trustees, guardians, and for all public funds of the State or other political corporations or subdivisions of the State. Such bonds shall be eligible to secure the deposit of any and all public funds of the State and any and all public funds of counties or other political corporations or subdivisions of the State, and such bonds shall be lawful and sufficient security for such deposits to the extent of their value when accompanied by all unmatured coupons appertaining thereto.
Haw. Rev. Stat. § 206E-104 — HI Code / Division 1 / Title 13 / Chapter 206E / Section 206E-104
Revenue bonds; payment and security.
Status: reserved

(a) The revenue bonds shall be payable from and secured by the revenues derived from the benefits of the reserved housing loan programs for which the revenue bonds are issued, including:

(1) Any payment made for eligible loans or eligible project loans or other agreements entered into for the reserved housing loan programs;

(2) Revenues derived from insurance proceeds;

(3) Reserve accounts and earnings thereon; and

(4) Revenues resulting from loans to mortgage lenders or from the payment on account of principal of and interest on loans purchased from mortgage lenders.

(b) The authority may pledge any revenue derived from the reserved housing loan programs financed from the proceeds of the revenue bonds to the punctual payment of the principal, interest, and redemption premiums, if any, on the revenue bonds.

(c) The revenue bonds may be additionally secured by the pledge or assignment of the loans and other agreements or any note or other undertaking, obligation, or property held by the authority to secure the loans.

(d) Any pledge made by the authority shall create a perfected security interest in the revenues, moneys, or property so pledged and thereafter received by the authority from and after the time that a financing statement with respect to the revenues, moneys, or property so pledged and thereafter received shall be filed with the bureau of conveyances. Upon such filing, the revenues, moneys, or property so pledged and thereafter received by the authority shall immediately be subject to the lien of such pledge without any physical delivery thereof or further act, and the lien of any such pledge shall be prior to the lien of all parties having claims of any kind in tort, contract, or otherwise against the authority, irrespective of whether such parties have notice thereof. [L 1982, c 228, pt of §8]
Haw. Rev. Stat. § 209-17 — HI Code / Division 1 / Title 13 / Chapter 209 / Section 209-17
Use of funds in relation to federal projects.
Status: in_force

The funds allocated to this part shall be expended by the Hawaii housing finance and development corporation only upon the finding that the housing project found necessary does not qualify for federal aid or participation.
Haw. Rev. Stat. § 206-16 — HI Code / Division 1 / Title 13 / Chapter 206 / Section 206-16
Investment of reserves.
Status: in_force

The board of land and natural resources may invest any funds held in reserves or sinking funds, or any funds not required for immediate disbursement, in property or securities in which savings banks may legally invest funds subject to their control. No provisions with respect to the acquisition, operation, or disposition of property by other public bodies shall be applicable to the board under this chapter unless otherwise specifically provided by law.
Haw. Rev. Stat. § 201-115 — HI Code / Division 1 / Title 13 / Chapter 201 / Section 201-115
State media industry development liaison; establishment.
Status: in_force

(a) There is established within the creative industries division of the department a state media industry development liaison to plan, develop, and execute a statewide media industry development strategy to include all counties in the State for the purposes of establishing a collaborative media industry development program.

(b) The state media industry development liaison shall be appointed by the director of business, economic development, and tourism without regard to chapter 76. [L 2022, c 187, §1]
Haw. Rev. Stat. § 209-27 — HI Code / Division 1 / Title 13 / Chapter 209 / Section 209-27
Types of loans; participation.
Status: in_force

The director of business, economic development, and tourism may make two types of loans:

(1) Loans in participation with private financial institutions to be known as participating loans; and

(2) Loans wholly from state funds to be known as direct loans.

The director may negotiate contracts with private financial institutions upon reasonable terms for the participation of the institutions with the State in the making of loans pursuant to this part including but not limited to a term by which the financial institutions undertake to service the loan. Participation agreement shall provide that at least ten per cent of the total loan be comprised of funds from the private financial institution. The private financial institution's share of the disbursement of funds of any loan shall be the same percentage agreed upon for its participation in the total amount of that loan. No direct loan shall be made unless a participating loan cannot be negotiated at reasonable terms. [L 1961, c 189, §13; Supp, §98P-13; HRS §209-27; ree L 1976, c 205, §1(2); am L 1987, c 336, §7; am L 1990, c 293, §8]
Haw. Rev. Stat. § 205A-28 — HI Code / Division 1 / Title 13 / Chapter 205A / Section 205A-28
Permit required for development.
Status: in_force

No development shall be allowed in any county within the special management area without obtaining a permit in accordance with this part.
Haw. Rev. Stat. § 201-104 — HI Code / Division 1 / Title 13 / Chapter 201 / Section 201-104
Report.
Status: in_force

The director of business, economic development, and tourism shall incorporate the activities of the past year and any recommendations for specific actions to develop markets for recycled materials in the department's annual report.
Haw. Rev. Stat. § 205-4.6 — HI Code / Division 1 / Title 13 / Chapter 205 / Section 205-4.6
Private restrictions on agricultural uses and activities; not allowed.
Status: in_force

(a) Agricultural uses and activities as defined in sections 205-2(d) and 205-4.5(a) on lands classified as agricultural shall not be restricted by any private agreement contained in any:

(1) Deed, agreement of sale, or other conveyance of land recorded in the bureau of conveyances after July 8, 2003, that subjects the agricultural lands to any servitude, including but not limited to covenants, easements, or equitable and reciprocal negative servitudes; provided that any private agreement contained in a conveyance of land recorded on or before July 8, 2003, that:

(A) Limits or prohibits agricultural use or activity; and

(B) Is renewed and recorded in the bureau of conveyances after July 8, 2003,

shall be considered a new private agreement that is subject to the prohibition on agricultural use and activity restrictions under this section; provided further that any provision in a private agreement contained in a conveyance of land recorded on or before July 8, 2003, that limits or prohibits agricultural use or activity and has since expired but has not been renewed and recorded in the bureau of conveyances shall be void; and

(2) Condominium declaration, map, bylaws, and other documents executed and submitted in accordance with chapter 514B or any predecessor thereto.

Any private restriction limiting or prohibiting agricultural use or activity shall be voidable, subject to special restrictions enacted by the county ordinance pursuant to section 46-4; except that restrictions taken to protect environmental or cultural resources, agricultural leases, utility easements, and access easements shall not be subject to this section.

(b) For purposes of this section, "agricultural leases" means leases where the leased land is primarily utilized for purposes set forth in section 205-4.5(a). [L Sp 2003, c 5, §2; am L 2004, c 170, §1; am L 2014, c 49, §2; am L 2017, c 181, §7; am L 2021, c 94, §2; am L 2023, c 219, §1]
Haw. Rev. Stat. § 226-8 — HI Code / Division 1 / Title 13 / Chapter 226 / Section 226-8
Objective and policies for the economy--visitor industry.
Status: in_force

(a) Planning for the State's economy with regard to the visitor industry shall be directed towards the achievement of the objective of a visitor industry that constitutes a major component of steady growth for Hawaii's economy.

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

(1) Support and assist in the promotion of Hawaii's visitor attractions and facilities;

(2) Ensure that visitor industry activities are in keeping with the social, economic, and physical needs and aspirations of Hawaii's people;

(3) Improve the quality of existing visitor destination areas by utilizing Hawaii's strengths in science and technology;

(4) Encourage cooperation and coordination between the government and private sectors in developing and maintaining well-designed, adequately serviced visitor industry and related developments that are sensitive to neighboring communities and activities;

(5) Develop the industry in a manner that will:

(A) Continue to provide new job opportunities and steady employment for Hawaii's people;

(B) Commit to building the capacity of Hawaii's people; and

(C) Offer career opportunities to ultimately increase the percentage of Hawaii's people who hold management and leadership positions in the visitor industry;

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

(7) Foster a recognition of the contribution of the visitor industry to Hawaii's economy and the need to perpetuate the aloha spirit;

(8) Foster an understanding by visitors of the aloha spirit and of the unique and sensitive character of Hawaii's cultures and values;

(9) Allow the formation of community partnerships to ensure Native Hawaiian cultural integrity by:

(A) Supporting Hawaii's people and communities and their efforts to care for the land and protect the cultural and natural resources of the land, oceans, streams, and skies;

(B) Strengthening the relationships between the place and Hawaii's people and visitors alike;

(C) Engaging in collaborative efforts that provide visitors with genuine and meaningful experiences in Hawaii;

(D) Ensuring that kapu (prohibited) and environmentally sensitive contexts are protected from visitor traffic;

(E) Positioning local business owners and entrepreneurs in the economic value chain to ensure more meaningful visitor and resident engagement as well as economic benefit to local communities; and

(F) Acknowledging and, where appropriate, protecting Native Hawaiian cultural intellectual property, traditional knowledge, and traditional cultural expressions that contribute to Hawaii's economy;

(10) Apply innovative financial policies as well as data collection and analysis to incentivize and facilitate a shift to a regenerative visitor industry that has a smaller ecological footprint by implementing policies such as decreasing the impacts on beaches, reefs, and ocean life, and that aims to sustain and improve the quality of life for Hawaii's people by implementing policies such as decreasing the impacts of transient accommodations, vacation rentals, bed and breakfast operations, and rental cars;

(11) Target markets that have a high probability of alignment with the goal of cultivating a regenerative visitor industry;

(12) Actively support and encourage other economic sectors and clusters to reduce the State's dependence on tourism to support Hawaii's overall economic prosperity;

(13) Minimize negative economic, environmental, and social impacts to the State;

(14) Generate greater economic benefits for Hawaii's people, enhance the well-being of Hawaii's indigenous communities, and improve the working conditions of and access to the visitor industry;

(15) Involve Hawaii's people in decisions that affect their lives and life changes;

(16) Make positive contributions to the conservation of natural and cultural heritage for the maintenance of Hawaii's diversity;

(17) Provide more enjoyable experiences and a greater understanding of local cultural, social, and environmental issues for visitors through more meaningful connections with Hawaii's people; and

(18) Provide equitable access for individuals with disabilities and sociologically disadvantaged people that is culturally sensitive, engenders respect between visitors and Hawaii's people, and builds pride and confidence in Hawaii. [L 1978, c 100, pt of §2; am L 1986, c 276, §7; am L 1988, c 70, §5; am L 2009, c 167, §4; am L 2024, c 128, §2; am L 2025, c 132, §5]
Haw. Rev. Stat. § 201H-32 — HI Code / Division 1 / Title 13 / Chapter 201H / Section 201H-32
Definitions.
Status: in_force

The following terms, wherever used or referred to in this part, shall have the following respective meanings unless a different meaning clearly appears from the context:

"Develop" or "development" means the planning, financing and acquisition of real and personal property; demolition of existing structures and clearance of real property; construction, reconstruction, alteration, or repairing of approaches, streets, sidewalks, utilities, and services, or other site improvements; construction, reconstruction, repair, remodeling, extension, equipment, or furnishing of buildings or other structures; or any combination of the foregoing, of any housing project. It also includes any and all undertakings necessary therefor, and the acquisition of any housing, in whole or in part.

"Eligible bidder" means a person, partnership, firm, or corporate entity determined by the corporation:

(1) To be qualified by experience and financial responsibility to construct housing of the type proposed to be contracted; and

(2) To have submitted the lowest acceptable bid.

"Eligible developer" means any person, partnership, cooperative including limited-equity housing cooperatives as defined in chapter 421H, firm, nonprofit or for-profit entity, or public agency determined by the corporation:

(1) To be qualified by experience, financial responsibility, and support to construct housing of the type described and of the magnitude encompassed by the given project;

(2) To have submitted plans for a housing project adequately meeting the objectives of this chapter, the maintenance of aesthetic values in the locale of the project, and the requirements of all applicable environmental statutes and rules; and

(3) To meet all other requirements the corporation deems to be just and reasonable, and all requirements stipulated in this chapter.

"Purchaser's equity" means the difference between the original cost of the dwelling unit to the purchaser, and the principal amount of any mortgages, liens, or notes outstanding.

"Qualified resident" means a person who:

(1) Is a citizen of the United States or a resident alien;

(2) Is at least eighteen years of age;

(3) Is domiciled in the State and physically resides in the dwelling unit purchased or rented under this chapter;

(4) In the case of the purchase of real property in fee simple or leasehold, has a gross income sufficient to qualify for the loan to finance the purchase; or in the case of a rental, demonstrates an ability to pay rent as determined by the corporation and meets any additional criteria established by the corporation for the respective rental housing development for which the applicant is applying; and

(5) Meets the following qualifications:

(A) Is a person who either by the person's self, or together with spouse or household member, does not own a majority interest in fee simple or leasehold lands suitable for dwelling purposes or a majority interest in lands under any trust agreement or other fiduciary arrangement in which another person holds the legal title to the land; and

(B) Is a person whose spouse or household member does not own a majority interest in fee simple or leasehold lands suitable for dwelling purposes or more than a majority interest in lands under any trust agreement or other fiduciary arrangement in which another person holds the legal title to the land, except when husband and wife are living apart under a decree of separation from bed and board issued by the family court pursuant to section 580-71;

provided that for purchasers of market-priced units in an economically integrated housing project, the term "qualified resident" means a person who is a citizen of the United States or a resident alien; is domiciled in the State and shall physically reside in the dwelling unit purchased; is at least eighteen years of age; and meets other qualifications as determined by the developer.

"Short-term project notes" means evidences of indebtedness issued by the State for specified housing projects and secured by the projects, the terms of which call for complete repayment by the State of the face amount in not less than two nor more than ten years. [L 2006, c 180, pt of §3]
Haw. Rev. Stat. § 226-55 — HI Code / Division 1 / Title 13 / Chapter 226 / Section 226-55
Functional plans; preparation; update.
Status: in_force

(a) The state agency head primarily responsible for a given functional area shall prepare and periodically update the functional plan for the area. In the preparation or update of the functional plan, the state agency head shall work in close cooperation with the advisory committee, respective officials, and people of each county. In the formulation of the initial or updated functional plan, the preparing agency shall solicit public views and concerns. The formulation and revision of a state functional plan shall conform to the provisions of this chapter and shall take into consideration the county general plans. Functional plans and any revisions thereto shall be accepted by the governor to serve as guidelines for funding requests and implementation by state and county agencies.

(b) The functional plan shall identify priority issues in the functional area and shall contain objectives, policies, and implementing actions to address those priority issues. Actions may include organizational or management initiatives, facility or physical infrastructure development initiatives, initiatives for programs and services, or legislative proposals.

(c) For each functional plan, the lead state agency, with the concurrence of the governor, shall establish an advisory committee, where an advisory body which meets the criteria set out hereunder is not already in existence, whose membership shall be composed of at least one public official from each county; members of the public; experts in the field for which a functional plan is being prepared; and state officials. The advisory committee shall advise the lead state agency in preparing, implementing, monitoring, and updating the functional plan to be in conformance with the overall theme, goals, objectives, policies, and priority guidelines contained within this chapter. The draft functional plan shall be submitted to relevant federal, state, and county agencies for review and input. The advisory committee shall serve as a temporary advisory body to the state agency responsible for preparing each respective functional plan. The terms of members from the public and experts in the field for which a functional plan is prepared shall be for four years. Each term shall commence on July 1 and expire on June 30. No member from the public or expert in the field shall be appointed consecutively to more than two terms. These appointments shall not be subject to senate confirmation, and shall be exempt from sections 26-34(a) and 78-4(a) regarding the appointment to boards and commissions. [L 1978, c 100, pt of §2; am L 1980, c 225, §2; am L 1984, c 236, §8 and c 237, §2; am L 1985, c 44, §2; am L 1987, c 336, §4(7); §226-57; ren and am L 1991, c 76, pt of §1; am L 2017, c 82, §3]
Haw. Rev. Stat. § 213-1 — HI Code / Division 1 / Title 13 / Chapter 213 / Section 213-1
Research and development industry promotion program and objectives.
Status: in_force

There shall be in the department of business, economic development, and tourism a program known as the research and development industry promotion program to be placed under the supervision of the director of the department and to work toward the achievement of the following objectives:

(1) The encouragement by direct contact and otherwise, of research and development and science-related industrial firms to locate and conduct operations in Hawaii.

(2) The encouragement of federal and other agencies to support research and development activities in Hawaii.

(3) The preparation and dissemination of scientific and technological information to be used to attract research and development industry and scientific projects to Hawaii.

(4) The promotion of conferences, symposia, seminars, and institutes in research and development and science and technology areas.

(5) The preparation and dissemination of information on the State's resources to assure fuller participation in national research and development and science-related programs.

(6) The provision of staff support to the governor's committee on science and technology and other appropriate official bodies that may be engaged in science-related programs.

In the accomplishment of the foregoing objectives, personnel engaged in the research and development industry promotion program shall cooperate with such state offices as may be established to coordinate federal-state relations. [L 1965, c 210, §2; Supp, §98V-2; HRS §213-1; am L 1987, c 336, §7; am L 1990, c 293, §8]
Haw. Rev. Stat. § 205A-22 — HI Code / Division 1 / Title 13 / Chapter 205A / Section 205A-22
Definitions.
Status: in_force

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

"Applicant" means any individual, organization, partnership, or corporation, including any utility and any agency of government.

"Department" means the planning department of the counties of Kauai, Maui, and Hawaii and the department of planning and permitting of the city and county of Honolulu, or other appropriate agency as designated by the county councils.

"Development" [Repeal and reenactment on July 1, 2028. L 2025, c 304, §5.] :

(1) Means any of the uses, activities, or operations on land or in or under water within a special management area that are included below:

(A) Placement or erection of any solid material or any gaseous, liquid, solid, or thermal waste;

(B) Grading, removing, dredging, mining, or extraction of any materials;

(C) Change in the density or intensity of use of land, including but not limited to the division or subdivision of land;

(D) Change in the intensity of use of water, ecology related thereto, or of access thereto; and

(E) Construction, reconstruction, or alteration of the size of any structure; and

(2) Does not include the following:

(A) Construction or reconstruction of a single-family residence that is less than seven thousand five hundred square feet of floor area; is not situated on a shoreline parcel or a parcel that is impacted by waves, storm surges, high tide, or shoreline erosion; and is not part of a larger development;

(B) Repair or maintenance of roads and highways within existing rights-of-way;

(C) Routine maintenance dredging of existing streams, channels, and drainage ways;

(D) Repair and maintenance of underground utility lines, including but not limited to water, sewer, power, and telephone and minor appurtenant structures including pad mounted transformers and sewer pump stations;

(E) Zoning variances, except for height, density, parking, and shoreline setback;

(F) Repair, maintenance, or interior alterations to existing structures;

(G) Demolition or removal of structures, except those structures located on any historic site as designated in national or state registers;

(H) Use of any land for the purpose of cultivating, planting, growing, and harvesting plants, crops, trees, and other agricultural, horticultural, or forestry products or animal husbandry, or aquaculture or mariculture of plants or animals, or other agricultural purposes, including all traditional fishpond and traditional agricultural practices;

(I) Transfer of title to land;

(J) Creation or termination of easements, covenants, or other rights in structures or land;

(K) Subdivision of land into lots greater than twenty acres in size;

(L) Subdivision of a parcel of land into four or fewer parcels when no associated construction activities are proposed; provided that any land that is so subdivided shall not thereafter qualify for this exception with respect to any subsequent subdivision of any of the resulting parcels;

(M) Installation of underground utility lines and appurtenant aboveground fixtures less than four feet in height along existing corridors;

(N) Structural and nonstructural improvements to existing single-family residences, where otherwise permissible;

(O) Nonstructural improvements to existing commercial or noncommercial structures;

(P) Construction, installation, maintenance, repair, and replacement of emergency management warning or signal devices and sirens;

(Q) Installation, maintenance, repair, and replacement of public pedestrian and bicycle facilities, including sidewalks, paths, bikeways, crosswalks, stairs, ramps, traffic control barriers, signs, signals, and associated improvements;

(R) Trash removal or invasive vegetation removal or control, including incidental ground disturbance, excluding the use of herbicides;

(S) Installation of fencing, including associated improvements and incidental structures, for invasive species control or preservation of native habitats on conservation land;

(T) Installation, maintenance, repair, and replacement of lighting, fixtures, and equipment to establish compliance with current standards at existing public facilities;

(U) Installation, maintenance, repair, and replacement of security measures, including fencing, to existing public facilities;

(V) Hawaiian traditional and customary practices, including work conducted by traditional means near, in, or related to loko i`a, traditional Hawaiian fishponds; and

(W) Reconstruction of any lawfully constructed structure that was damaged or destroyed in a disaster proclaimed by the governor to constitute a state of emergency pursuant to chapter 127A, or a disaster declared pursuant to federal law; provided that:

(i) The structure is not situated on a shoreline parcel or a parcel that is impacted by waves, storm surges, high tide, or shoreline erosion;

(ii) Reconstruction commences within six years from the date that the proclamation is issued; and

(iii) The reconstructed structure is similar to its original footprint or overall dimensions that were existing or permitted and in compliance with the requirements of floodplain management standards;

provided that whenever the authority finds that any excluded use, activity, or operation may have a cumulative impact, or a significant environmental or ecological effect on a special management area, that use, activity, or operation shall be defined as "development" for the purpose of this part.

"Special management area" means the land extending inland from the shoreline as delineated on the maps filed with the authority as of June 8, 1977, or as amended pursuant to section 205A-23.

"Special management area emergency permit" means an action by the authority authorizing development in cases of emergency requiring immediate action to prevent substantial physical harm to persons or property or to allow the reconstruction of structures damaged by natural hazards to their original form; provided that those structures were previously found to be in compliance with requirements of the National Flood Insurance Program.

"Special management area minor permit" means an action by the authority authorizing development that has no substantial adverse environmental or ecological effect, taking into account potential cumulative effects, and the valuation of which is not in excess of:

(1) $750,000, with inflation adjustments every five years starting from May 29, 2025, by the lead agency in accordance with the Consumer Price Index for All Urban Consumers published by the Bureau of Labor Statistics of the United States Department of Labor, if the development is not situated on a shoreline parcel or parcel that is impacted by waves, storm surges, high tide, or shoreline erosion; or

(2) $500,000, if the development is situated on a shoreline parcel or parcel that is impacted by waves, storm surges, high tide, or shoreline erosion.

"Special management area use permit" means an action:

(1) By the authority authorizing development, the valuation of which exceeds $750,000, with inflation adjustment every five years starting from May 29, 2025, by the lead agency in accordance with the Consumer Price Index for All Urban Consumers published by the Bureau of Labor Statistics of the United States Department of Labor; or

(2) That may have a substantial adverse environmental or ecological effect, taking into account potential cumulative effects.

"Structure" includes but is not limited to any building, road, pipe, flume, conduit, siphon, aqueduct, telephone line, and electrical power transmission and distribution line.

"Valuation" shall be determined by the authority and means the estimated cost to replace the structure in kind based on current replacement costs, or in the cases of other development as defined above, the fair market value of the development. [L 1975, c 176, pt of §1; am L 1977, c 188, §6; am L 1979, c 200, §7; am L 1982, c 126, §1; am L 1983, c 124, §8; am L 1984, c 113, §1; am L 1991, c 129, §1; am L 1993, c 258, §4; am L 2001, c 169, §6; am L 2004, c 76, §2; am L 2011, c 153, §3; am L 2012, c 239, §2; am L 2014, c 111, §28; am L 2018, c 18, §6; am L 2020, c 16, §4; am L 2023, c 229, §2; am L 2025, c 125, §1 and c 304, §2]

Revision Note

"May 29, 2025," substituted for "the effective date of this Act" pursuant to §23G-15.
Haw. Rev. Stat. § 206E-223 — HI Code / Division 1 / Title 13 / Chapter 206E / Section 206E-223
District; established; boundaries.
Status: in_force

(a) The stadium development district is established and shall be composed of all real property under the jurisdiction of the stadium authority established pursuant to section 109-1. The stadium authority shall have sole jurisdiction over the development of the stadium development district.

(b) The authority shall facilitate the development of all property belonging to the State within the district; provided that development is carried out in accordance with any county transit-oriented development plans for lands surrounding the district. In addition to any other duties that the authority may have pursuant to this chapter, the authority's duties shall include:

(1) Coordinating with the federal government regarding the ownership and use of, or restrictions on, properties within the district that were previously owned or are currently owned by the federal government;

(2) Coordinating with other state entities during the conveyance of properties and conducting remediation activities for the property belonging to the State within the district;

(3) Developing the infrastructure necessary to support the development of all property belonging to the State within the district; and

(4) Providing, to the extent feasible, maximum opportunity for the reuse of property belonging to the State within the district by private enterprise or state and county government. [L 2019, c 268, pt of §1; am L 2021, c 146, §10]
Haw. Rev. Stat. § 206M-2 — HI Code / Division 1 / Title 13 / Chapter 206M / Section 206M-2
Establishment of the Hawaii technology development corporation; purpose.
Status: in_force

(a) There is established the Hawaii technology development corporation, which shall be a public body corporate and politic and an instrumentality and agency of the State. The development corporation shall be placed within the department of business, economic development, and tourism for administrative purposes, pursuant to section 26-35. The purpose of the development corporation shall be to facilitate the growth and development of the commercial technology industry in Hawaii. Its duties shall include but not be limited to:

(1) Connecting Hawaii-based technology companies and entrepreneurs to new market opportunities;

(2) Developing and encouraging economic zones as technology innovation centers and other technology infrastructure projects and developing or assisting with the development of projects within or outside of economic zones, including participating with the private sector in such development;

(3) Encouraging, initiating, and aiding in the development and commercialization of local innovation and technology;

(4) Furnishing the financial and other support and services to institute and grow local innovation and technology;

(5) Developing policy and resource allocations to enable and support start-up companies, sustain existing companies, and attract companies to relocate or establish offices in Hawaii;

(6) Attracting resources from public and private sector organizations and agencies to develop a local qualified innovation research and technology workforce;

(7) Coordinating with other state agencies and entities to support the innovation and technology industry;

(8) Collecting and analyzing information on the state of local and global technology activity; and

(9) Taking any and all other actions reasonably designed to promote the purposes of the corporation in the interest of promoting the general welfare of the people of the State.

(b) The governing body of the development corporation shall consist of a board of directors having nine voting members. The director of business, economic development, and tourism, and an appointed member from the University of Hawaii, or their designated representatives, shall serve as ex officio[,] voting members of the board. All members shall have knowledge, interest, and proven expertise in, but not limited to, one or more of the following fields: finance, commerce and trade, corporate management, marketing, economics, engineering, telecommunications, innovation, and other technology fields. Seven of the members shall be appointed by the governor pursuant to section 26-34 for staggered terms; provided that membership shall include:

(1) Three members who shall be appointed by the governor from a list of four nominees submitted by the president of the senate, and three members who shall be appointed by the governor from a list of four nominees submitted by the speaker of the house of representatives; provided that if fewer than four nominees are submitted for each appointment, the governor may disregard the list; and

(2) One member who shall be appointed by the governor from the economic development board of Maui, Kauai, or Hawaii county.

The governor shall make board member appointments to ensure the fulfillment of all requirements of paragraphs (1) and (2); provided that upon the occurrence of a vacancy subject to paragraph (1), the governor shall notify the president of the senate and the speaker of the house of representatives of any unfulfilled requirements pursuant to paragraphs (1) and (2), and the president of the senate or the speaker of the house of representatives, as appropriate, shall submit nominees who fulfill the requirements pursuant to paragraphs (1) and (2). All appointed members of the board shall continue in office until their respective successors have been appointed. The director of business, economic development, and tourism shall serve as the chairperson until such time as a chairperson is elected by the board from the membership. The board shall elect other officers as it deems necessary.

(c) The members of the board appointed under subsection (b) shall serve without compensation, but may be reimbursed for expenses, including travel expenses, incurred in the performance of their duties.

(d) The board shall appoint a chief executive officer, who shall serve at the pleasure of the board and shall be exempt from chapter 76. The board shall set the salary and duties of the executive officer.

(e) The board shall appoint a management advisory committee for each economic zone and related project or projects governed by the board. Each committee shall have five members, who shall serve without compensation but may be reimbursed for expenses incurred in the performance of their duties. The members shall be drawn from fields of activity related to each economic zone and related project or projects. [L 1983, c 152, pt of §2; am L 1987, c 336, §7; am L 1989, c 274, §2; am L 1990, c 293, §8; am L 1991, c 288, §1; am L 2000, c 72, §§5, 6, c 253, §150, and c 297, §25; am L 2017, c 69, §§4, 5; am L 2019, c 56, §7; am L 2022, c 55, §2]
Haw. Rev. Stat. § 205-5.1 — HI Code / Division 1 / Title 13 / Chapter 205 / Section 205-5.1
§§205-5.
Status: repealed

§§205-5.1 to 205-5.3 REPEALED. L 2012, c 97, §§9 to 11.
Haw. Rev. Stat. § 226-6 — HI Code / Division 1 / Title 13 / Chapter 226 / Section 226-6
Objectives and policies for the economy--in general.
Status: in_force

(a) Planning for the State's economy in general shall be directed toward achievement of the following objectives:

(1) Increased and diversified employment opportunities to achieve full employment, increased income and job choice, and improved living standards for Hawaii's people, while at the same time stimulating the development and expansion of economic activities capitalizing on defense, dual-use, and science and technology assets, particularly on the neighbor islands where employment opportunities may be limited.

(2) A steadily growing and diversified economic base that is not overly dependent on a few industries, and includes the development and expansion of industries on the neighbor islands.

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

(1) Promote and encourage entrepreneurship within Hawaii by residents and nonresidents of the State.

(2) Expand Hawaii's national and international marketing, communication, and organizational ties, to increase the State's capacity to adjust to and capitalize upon economic changes and opportunities occurring outside the State.

(3) Promote Hawaii as an attractive market for environmentally and socially sound investment activities that benefit Hawaii's people.

(4) Transform and maintain Hawaii as a place that welcomes and facilitates innovative activity that may lead to commercial opportunities.

(5) Promote innovative activity that may pose initial risks, but ultimately contribute to the economy of Hawaii.

(6) Seek broader outlets for new or expanded Hawaii business investments.

(7) Expand existing markets and penetrate new markets for Hawaii's products and services.

(8) Assure that the basic economic needs of Hawaii's people are maintained in the event of disruptions in overseas transportation.

(9) Strive to achieve a level of construction activity responsive to, and consistent with, state growth objectives.

(10) Encourage the formation of cooperatives and other favorable marketing arrangements at the local or regional level to assist Hawaii's small scale producers, manufacturers, and distributors.

(11) Encourage labor-intensive activities that are economically satisfying and which offer opportunities for upward mobility.

(12) Encourage innovative activities that may not be labor-intensive, but may otherwise contribute to the economy of Hawaii.

(13) Foster greater cooperation and coordination between the government and private sectors in developing Hawaii's employment and economic growth opportunities.

(14) Stimulate the development and expansion of economic activities which will benefit areas with substantial or expected employment problems.

(15) Maintain acceptable working conditions and standards for Hawaii's workers.

(16) Provide equal employment opportunities for all segments of Hawaii's population through affirmative action and nondiscrimination measures.

(17) Stimulate the development and expansion of economic activities capitalizing on defense, dual-use, and science and technology assets, particularly on the neighbor islands where employment opportunities may be limited.

(18) Encourage businesses that have favorable financial multiplier effects within Hawaii's economy, particularly with respect to emerging industries in science and technology.

(19) Promote and protect intangible resources in Hawaii, such as scenic beauty and the aloha spirit, which are vital to a healthy economy.

(20) Increase effective communication between the educational community and the private sector to develop relevant curricula and training programs to meet future employment needs in general, and requirements of new or innovative potential growth industries in particular.

(21) Foster a business climate in Hawaii--including attitudes, tax and regulatory policies, and financial and technical assistance programs--that is conducive to the expansion of existing enterprises and the creation and attraction of new business and industry. [L 1978, c 100, pt of §2; am L 1986, c 276, §5; am L 1988, c 70, §4; am L 1993, c 213, §4; am L 2009, c 167, §2; am L 2014, c 133, §2]
Haw. Rev. Stat. § 206M-83 — HI Code / Division 1 / Title 13 / Chapter 206M / Section 206M-83
[ §206M-83] Conditions for procuring of insurance, loan guarantees, or letters of credit.
Status: in_force

[ §206M-83] Conditions for procuring of insurance, loan guarantees, or letters of credit. (a) Insurance, guarantees, or letters of credit shall not be procured pursuant to section 206M-81 unless the development corporation is assured that the loans, debentures, or leases insured, or guaranteed, or for which letters of credit are issued, shall be used to assist economic development projects that also have significant private sector financial support.

(b) Insurance, guarantees, or letters of credit may be procured on such terms and conditions as the development corporation, in its sole discretion, shall determine to be reasonable, appropriate, and consistent with the purposes and objectives of this part.

(c) The development corporation shall charge the lender or the borrower, or both, a fee or premium for procuring loan, debenture, or lease insurance, guarantee, or a letter of credit. Rules for premiums or fees shall be established by the corporation. [L 2019, c 56, pt of §2]
Haw. Rev. Stat. § 206E-225 — HI Code / Division 1 / Title 13 / Chapter 206E / Section 206E-225
Stadium development district governance; memorandum of agreement.
Status: in_force

Notwithstanding sections 206E-3 and 206E-4.1, the stadium authority established pursuant to section 109-1 shall have sole jurisdiction regarding matters affecting the stadium development district ; provided that the Hawaii community development authority; department of business, economic development, and tourism; and stadium authority shall enter into a memorandum of agreement regarding the implementation of responsibilities of the respective agencies.
Haw. Rev. Stat. § 226-102 — HI Code / Division 1 / Title 13 / Chapter 226 / Section 226-102
Overall direction.
Status: in_force

The State shall strive to improve the quality of life for Hawaii's present and future population through the pursuit of desirable courses of action in seven major areas of statewide concern which merit priority attention: economic development, population growth and land resource management, affordable housing, crime and criminal justice, quality education, principles of sustainability, and climate change adaptation.
Haw. Rev. Stat. § 212-8 — HI Code / Division 1 / Title 13 / Chapter 212 / Section 212-8
Exemption from taxes.
Status: in_force

Notwithstanding any law to the contrary, sales of all products which are categorized as privileged foreign merchandise, nonprivileged foreign merchandise, domestic merchandise, or zone-restricted merchandise, and which are admitted into a foreign-trade zone, as more specifically set forth in the Act of Congress, and any rules and regulations promulgated thereunder, made directly to any common carrier in interstate or foreign commerce, or both, whether ocean-going or air, for consumption out-of-state by the crew or passengers on the shipper's vessels or airplanes, or for use out-of-state by the vessels or airplanes, shall be exempt from those taxes imposed under chapters 237, 238, 243, 244D, and 245.
Haw. Rev. Stat. § 205-45 — HI Code / Division 1 / Title 13 / Chapter 205 / Section 205-45
Petition by farmer or landowner.
Status: in_force

(a) A farmer or landowner with lands qualifying under section 205-44 may file with the commission a petition for declaratory order to designate the lands as important agricultural lands. The petition may be filed at any time in the designation process.

(b) Any law to the contrary notwithstanding, within the same petition for declaratory order as described in subsection (a), the petitioner may seek a reclassification of land in the agricultural district to the rural, urban, or conservation district, or a combination thereof; provided that:

(1) The land sought to be reclassified to the rural, urban, or conservation district is within the same county as the land sought to be designated as important agricultural lands;

(2) If the reclassification of the land is proposed to the urban district, that reclassification to urban is consistent with the relevant county general and community, development, or community development plans; and

(3) The total acreage of the land sought to be designated or reclassified in the petition complies with the following proportions:

(A) At least eighty-five per cent of the total acreage is sought to be designated as important agricultural land; and

(B) The remainder of the acreage is sought to be reclassified to the rural, urban, or conservation district.

(c) The petition for declaratory order shall be submitted in accordance with subchapter 14 of the commission's rules and shall include:

(1) Tax map key numbers of the land to be designated as important agricultural lands and, if applicable, the land to be reclassified from the agricultural district to the rural, urban, or conservation district, along with verification and authorization from the applicable landowners;

(2) Proof of qualification for designation as important agricultural lands under section 205-44, respecting a regional perspective;

(3) The current or planned agricultural use of the area sought to be designated as important agricultural lands; and

(4) If applicable, the current or planned use of the area sought to be reclassified to the rural, urban, or conservation district.

(d) Prior to the commission considering a petition for a declaratory order to designate important agricultural land in combination with the reclassification of agricultural land to the rural, urban, or conservation district, the petitioner shall submit to the commission a certification issued by the department of agriculture and biosecurity as to the quality of the land for which designation as important agricultural land is being sought.

(e) The commission shall review the petition and the accompanying submissions to evaluate the qualifications of the land for designation as important agricultural lands in accordance with section 205-44.

If the petition also seeks the reclassification of land to the rural, urban, or conservation district, the commission shall review the petition and accompanying submissions to evaluate:

(1) The suitability of the land for the reclassification in accordance with section 205-2;

(2) If the reclassification of the land is proposed to the urban district, that reclassification to urban is consistent with the relevant county general and community, development, or community development plans; and

(3) Compliance with the other provisions of subsection (b).

If the commission, after its review, finds that the designation and, if applicable, reclassification sought in the petition should be approved, the commission shall vote, by a two-thirds majority of the members of the commission, to issue a declaratory order designating the petitioner's identified lands as important agricultural lands and, if applicable, reclassifying the petitioner's identified land from the agricultural district to the rural, urban, or conservation district. The commission may include reasonable conditions in the declaratory order.

With respect to a petition that seeks to both designate important agricultural lands and reclassify agricultural lands to the rural, urban, or conservation district, if the commission finds that either the designation or reclassification as proposed by the petitioner should not be approved, the commission shall deny the petition in its entirety.

(f) The designation or reclassification of land pursuant to subsection (a) or (b) shall not be subject to the district boundary amendment procedures of sections 205-3.1 and 205-4 or become effective prior to legislative enactment of protection and incentive measures for important agricultural land and agricultural viability, as provided in section 9 of Act 183, Session Laws of Hawaii 2005.

(g) Farmers or landowners with lands qualifying under section 205-44 may file petitions for a declaratory order to designate lands as important agricultural lands following the legislative enactment of protection and incentive measures for important agricultural lands and agricultural viability, as provided in section 9 of Act 183, Session Laws of Hawaii 2005.

(h) A petitioner granted a declaratory order that designates important agricultural land, whether or not combined with the reclassification of land to the rural, urban, or conservation district, shall earn credits if the amount of land reclassified to the rural, urban, or conservation district is less than fifteen per cent of the total acreage of land subject to the order. The "total acreage of land subject to the order" means the total acreage designated as important agricultural land and, if applicable, reclassified to the rural, urban, or conservation district by the declaratory order.

The credits shall equal the difference between the following, rounded to the nearer tenth of an acre:

(1) The number that is fifteen per cent of the total acreage of land subject to the order; less

(2) The amount of the petitioner's land that is reclassified from the agricultural district to the rural, urban, or conservation district by the declaratory order.

A petitioner with credits earned within a county may petition the commission for a declaratory order to reclassify any of the petitioner's other land in the same county from the agricultural district to the rural, urban, or conservation district until the credits are exhausted or expired. The "petitioner's other land in the same county" means land owned by the petitioner that is in the same county as the land designated or reclassified under the petition. The commission may issue the declaratory order if it finds that the land is suitable for reclassification in accordance with section 205-2 and that the reclassification is consistent with the relevant county general and community, development, or community development plans. The petitioner may petition for such reclassification until all of the petitioner's credits are exhausted. Any unexhausted credits shall expire and become unusable ten years after the granting of the declaratory order that designated the important agricultural land and, if applicable, reclassified land to the rural, urban, or conservation district.

A petitioner with unused and unexhausted credits shall not transfer the credits to another person.

(i) Notwithstanding any other law to the contrary, the land use commission may grant declaratory orders pursuant to this section before the commission receives from any county a map delineating recommended important agricultural lands.

(j) Land designated as important agricultural land pursuant to a declaratory order that both designates land as important agricultural land and reclassifies land in the agricultural district to the rural, urban, or conservation district, or a combination thereof pursuant to this section shall be redesignated only with the prior authorization of the legislature. The authorization shall be expressed by the adoption of a concurrent resolution approved by a two-thirds vote of each house of the legislature voting separately. When making its decision, the legislature shall consider the standards and criteria in section 205-50.

(k) The commission may adopt rules pursuant to chapter 91 to effectuate this section. [L 2005, c 183, pt of §2; am L 2008, c 233, §19 ; am L 2025, c 236, §17]
Haw. Rev. Stat. § 201H-3 — HI Code / Division 1 / Title 13 / Chapter 201H / Section 201H-3
Board; establishment, functions, duties.
Status: in_force

(a) There is created a board of directors of the Hawaii housing finance and development corporation consisting of nine members, of whom six shall be public members appointed by the governor as provided in section 26-34. At least four of the public members shall have knowledge and expertise in public or private financing and development of affordable housing. Public members shall be appointed from each of the counties of Honolulu, Hawaii, Maui, and Kauai. At least one public member shall represent community advocates for low-income housing, affiliated with private nonprofit organizations that serve the residents of low-income housing. The public members of the board shall serve four-year staggered terms; provided that the initial appointments shall be as follows:

(1) Two members to be appointed for four years;

(2) Two members to be appointed for three years; and

(3) Two members to be appointed for two years.

The director of business, economic development, and tourism and the director of finance, or their designated representatives, and a representative of the governor's office, shall be ex officio[,] voting members. The corporation shall be headed by the board.

(b) The board of directors shall select a chairperson and vice chairperson from among its members; provided that the chairperson shall be a public member. The director of business, economic development, and tourism, director of finance, and the governor's representative shall be ineligible to serve as chairperson of the board.

(c) Five members shall constitute a quorum, whose affirmative vote shall be necessary for all actions by the corporation. The members shall receive no compensation for services, but shall be entitled to necessary expenses, including travel expenses, incurred in the performance of their duties. [L 2005, c 196, pt of §20; am L 2006, c 180, §8]
Haw. Rev. Stat. § 201H-76 — HI Code / Division 1 / Title 13 / Chapter 201H / Section 201H-76
Trust indenture.
Status: in_force

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

(b) A trust indenture may allow the corporation to pledge and assign to the trustee agreements related to the housing project or projects or loan program and the rights of the corporation thereunder, including the right to receive revenues thereunder and to enforce the provision thereof.

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

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

(1) The investment of the proceeds of the bonds, the investment of any reserve for the bonds, the investment of the revenues of the housing project or system of housing projects or the loan program, and the use and application of the earnings from investments; and

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

(e) A trust indenture may also contain provisions deemed necessary or desirable by the corporation to obtain or permit, by grant, interest subsidy, or otherwise, the participation of the federal government in the housing projects or loan programs or in the financing of the costs of administering, operating, or maintaining the housing projects or loan programs. [L 2006, c 180, pt of §4]
Haw. Rev. Stat. § 209-31 — HI Code / Division 1 / Title 13 / Chapter 209 / Section 209-31
Security for loans.
Status: in_force

Security for any loan when not available is not required, however, whenever property other than personal property and inventory, is purchased with the loan funds, a mortgage or pledge of such property shall be required as security for the loan. The director of business, economic development, and tourism may, in the director's discretion, permit the mortgage or pledge to be subordinated to the lien of a financial institution or government lending agency in the event the subordination should become necessary for the borrower to secure additional funds.
Haw. Rev. Stat. § 209E-5 — HI Code / Division 1 / Title 13 / Chapter 209E / Section 209E-5
Application review.
Status: in_force

(a) The department shall review each application upon receipt and shall secure any additional information that the department deems necessary for the purpose of determining whether the area described in the application qualifies to be declared an enterprise zone.

(b) The department shall complete review of the application within sixty days of the last date designated for receipt of an application. After review of the applications, the department shall recommend to the governor within thirty days those applications with the greatest potential for accomplishing the purpose of this chapter. If an application is denied, the governing body shall be informed of that fact together with the reasons for the denial. [L 1986, c 78, pt of §1; am L 1995, c 91, §4]
Haw. Rev. Stat. § 201H-220 — HI Code / Division 1 / Title 13 / Chapter 201H / Section 201H-220
Additional powers.
Status: in_force

The powers conferred upon the corporation by this [part] shall be in addition and supplemental to the powers conferred by any other law, and nothing in this part shall be construed as limiting any powers, rights, privileges, or immunities so conferred.
Haw. Rev. Stat. § 206E-226 — HI Code / Division 1 / Title 13 / Chapter 206E / Section 206E-226
[ §206E-226] Annual comprehensive report.
Status: in_force

[ §206E-226] Annual comprehensive report. Not less than twenty days prior to the convening of each regular session of the legislature, the authority shall submit to the legislature an annual comprehensive status report on the progress of development within the stadium development district.
Haw. Rev. Stat. § 201B-6 — HI Code / Division 1 / Title 13 / Chapter 201B / Section 201B-6
Strategic tourism management plan; measures of effectiveness.
Status: in_force

(a) The authority shall be responsible for developing a strategic tourism management plan that advances tourism marketing, complies with destination management best practices, and promotes regenerative tourism. The plan shall be a single, comprehensive document that shall be updated every year and include the following:

(1) Statewide Hawaii brand management efforts and programs;

(2) Targeted markets;

(3) Efforts to enter into Hawaii brand management projects that make effective use of cooperative programs;

(4) Program performance goals and targets that can be monitored as market gauges and used as attributes to evaluate the authority's programs;

(5) The authority's guidance and direction for the development and coordination of promotional and marketing programs that build and promote the Hawaii brand, which are implemented through contracts and agreements with destination marketing organizations or other qualified organizations, including:

(A) Target markets and the results being sought;

(B) Key performance indicators; and

(C) Private sector collaborative or cooperative efforts that may be required; and

(6) Statewide destination management and regenerative tourism efforts and programs.

(b) In accordance with subsection (a), the authority shall develop measures of effectiveness to assess the overall benefits and effectiveness of the strategic tourism management plan and include documentation of the progress of the strategic tourism management plan toward achieving the authority's strategic plan goals. [L 1998, c 156, pt of §2; am L 1999, c 178, §7; am L 2004, c 9, §2; am L Sp 2009, c 5, §6; am L 2010, c 102, §3; am L 2014, c 131, §2; am L 2024, c 225, §4]
Haw. Rev. Stat. § 211D-6 — HI Code / Division 1 / Title 13 / Chapter 211D / Section 211D-6
Reserve account.
Status: in_force

(a) On approval by the department and after entering into a participation agreement with the department, a participating financial institution making a capital access loan shall establish a reserve account. The reserve account shall be used by the institution only to cover any losses arising from a default of a capital access loan made by the institution under this chapter or as otherwise provided by this chapter.

(b) When a participating financial institution makes a loan enrolled in the program, the institution shall require the borrower to pay to the institution a fee in an amount that is not less than two per cent but not more than three per cent of the principal amount of the loan, which the financial institution shall deposit in the reserve account. The institution shall also deposit in the reserve account an amount equal to the amount of the fee received by the institution from the borrower under this subsection. The institution may recover from the borrower all or part of the amount the institution is required to pay under this subsection in any manner agreed to by the institution and borrower.

(c) For each capital access loan made by a financial institution, the institution shall certify to the department, within the period prescribed by the department, that the institution has made a capital access loan, the amount the institution has deposited in the reserve account, including the amount of fees received from the borrower, and, if applicable, that the borrower is an eligible enterprise zone business located in an area designated as an enterprise zone under chapter 209E.

(d) On receipt of a certification made under subsection (c), the department shall deposit in the institution's reserve account for each capital access loan made by the institution:

(1) An amount equal to the amount deposited by the institution for each loan if the institution:

(A) Has assets of more than $1,000,000,000; or

(B) Has previously enrolled loans in the program that in the aggregate are more than $2,000,000;

(2) An amount equal to one hundred fifty per cent of the total amount deposited under subsection (b) for each loan if the institution is not described by paragraph (1); or

(3) Notwithstanding paragraphs (1) and (2), an amount equal to two hundred per cent of the total amount deposited under subsection (b) for each loan 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. [L 2000, c 290, pt of §2]
Haw. Rev. Stat. § 227D-2 — HI Code / Division 1 / Title 13 / Chapter 227D / Section 227D-2
Establishment of the natural energy laboratory of Hawaii authority; purpose.
Status: in_force

(a) There is established the natural energy laboratory of Hawaii authority, which shall be a body corporate and politic and an instrumentality and agency of the State. The authority shall be placed within the department of business, economic development, and tourism for administrative purposes, pursuant to section 26-35. The purpose of the natural energy laboratory of Hawaii authority shall be to facilitate research, development, and commercialization of natural energy resources and ocean-related research, technology, and industry in Hawaii and to engage in retail, commercial, or tourism activities that will financially support that research, development, and commercialization at a research and technology park in Hawaii. Its duties shall include:

(1) Establishing, managing, and operating facilities that provide sites for:

(A) Research and development;

(B) Commercial projects and businesses utilizing natural resources, such as ocean water or geothermal energy;

(C) Compatible businesses engaged in scientific and technological investigations, or retail, commercial, and tourism activities; and

(D) Businesses or educational facilities that support the primary projects and activities;

(2) Providing support, utilities, and other services to facility tenants and government agencies;

(3) Maintaining the physical structure of the facilities;

(4) Promoting and marketing these facilities;

(5) Promoting and marketing the reasonable utilization of available natural resources;

(6) Supporting ocean research and technology development projects that support national and state interests, use facilities and infrastructure in Hawaii, and foster potential commercial development; and

(7) Engaging in retail, commercial, and tourism activities that are not related to facilitating research, development, and commercialization of natural energy resources in Hawaii; provided that all income derived from these activities shall be deposited in the natural energy laboratory of Hawaii authority special fund.

(b) The governing body of the authority shall consist of a board of directors having twelve voting members. Three members from the general public shall be appointed by the governor for staggered terms pursuant to section 26-34, except that one of these members shall be a resident of the county of Hawaii. The members shall be selected on the basis of their knowledge, interest, and proven expertise in, but not limited to, one or more of the following fields: finance, commerce and trade, corporate management, marketing, economics, engineering, energy management, real estate development, property management, aquaculture, and ocean science. The chairperson and secretary of the research advisory committee shall serve on the board. The director of business, economic development, and tourism, the chairperson of the board of land and natural resources, the president of the University of Hawaii, the mayor of the county of Hawaii, and an appointed member from the board of the Hawaii technology development corporation, or their designated representatives, shall serve as ex officio, voting members of the board. The tenants of the authority shall elect two members to the board from among the tenants of the authority, of which one member shall serve a two-year term, and one member shall serve a four-year term. In electing the tenant members, each tenant shall be entitled to cast one vote for each member position. The tenant members shall be recused from voting on setting lease rents, water rates, or utility rates, but may participate in discussions. The director of business, economic development, and tourism shall serve as the chairperson until such time as a chairperson is elected by the board from the membership. The board shall elect other officers as it deems necessary.

(c) The members of the board appointed under subsection (b) shall serve without compensation, but may be reimbursed for expenses, including travel expenses, incurred in the performance of their duties.

(d) The board shall appoint an executive director, who shall serve at the pleasure of the board and shall be exempt from chapter 76. The board shall set the salary and duties of the executive director. [L 1990, c 224, pt of §3; am L 1993, c 252, §2; am L 1997, c 151, §2 and c 193, §2; am L 1999, c 38, §2; am L 2000, c 253, §150 and c 297, §31; am L 2009, c 104, §1; am L 2017, c 69, §4; am L 2019, c 56, §9]
Haw. Rev. Stat. § 210-8 — HI Code / Division 1 / Title 13 / Chapter 210 / Section 210-8
Reports.
Status: in_force

The department of business, economic development, and tourism shall make a report as of December 31 of each year of operations under this chapter to the governor, the president of the senate, and the speaker of the house of representatives, on the progress made under this chapter. These reports shall be submitted not later than February 1 immediately following the period covered by the report.
Haw. Rev. Stat. § 201M-1 — HI Code / Division 1 / Title 13 / Chapter 201M / Section 201M-1
Definitions.
Status: in_force

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

"Advisory committee" means an advisory committee on small business as established in section 201M-4.

"Affected small businesses" or "affects small business" means any potential or actual requirement imposed upon a small business through an agency's proposed or adopted rule that will cause a direct and significant economic burden upon a small business, or is directly related to the formation, operation, or expansion of a small business.

"Agency" means each state or county board, commission, department, or officer authorized by law to make rules, except those in the legislative or judicial branches.

"Board" means the small business regulatory review board.

"Rule" shall have the same meaning as in section 91-1.

"Small business" means a for-profit corporation, limited liability company, partnership, limited partnership, sole proprietorship, or other legal entity that:

(1) Is domiciled and authorized to do business in Hawaii;

(2) Is independently owned and operated; and

(3) Employs fewer than one hundred full-time or part-time employees in Hawaii. [L 1998, c 168, pt of §2, §5; am L 2002, c 202, §§2, 5; am L 2007, c 217, §2; am L 2017, c 174, §2]
Haw. Rev. Stat. § 205A-24 — HI Code / Division 1 / Title 13 / Chapter 205A / Section 205A-24
§§205A-24 and 205A-25 REPEALED.
Status: repealed

§§205A-24 and 205A-25 REPEALED. L 1977, c 188, §§8, 9.
Haw. Rev. Stat. § 206M-4 — HI Code / Division 1 / Title 13 / Chapter 206M / Section 206M-4
Compliance with state and local law.
Status: in_force

The issuance of special purpose revenue bonds with respect to any project or economic zone under this chapter shall not relieve any qualified person or other user of the project or economic zone from the laws, ordinances, and rules of the State or any political subdivision thereof, or any department or board thereof with respect to the construction, operation, and maintenance of any project or economic zone, or zoning laws or regulations, obtaining of building permits, compliance with building and health codes and other laws, ordinances, or rules and regulations of similar nature pertaining to the project or economic zone, and the laws shall be applicable to the qualified person or the other user to the same extent they would be if the costs of the project or economic zone were directly financed by the qualified person.
Haw. Rev. Stat. § 206-24 — HI Code / Division 1 / Title 13 / Chapter 206 / Section 206-24
Exemption of property from execution sale.
Status: in_force

All real property of the board of land and natural resources shall be exempt from mechanic's or materialmen's liens; provided that recovery for such claims may be had from any bond supplied as required by section 206-22. The real property shall also be exempt from levy and sale by virtue of an execution, and no execution or other judicial process shall issue against the same, nor shall any judgment against the board be a charge or lien upon its real property; provided that this section shall not apply to or limit the right of obligees to foreclose or otherwise enforce any mortgage of the board or to pursue any remedies for the enforcement of any pledge or liens given by or with the consent of the board.
Haw. Rev. Stat. § 201H-95 — HI Code / Division 1 / Title 13 / Chapter 201H / Section 201H-95
Eligible project loans.
Status: in_force

(a) The corporation shall establish requirements for rental housing projects to be financed by an eligible project loan, and may consider the location, age, condition, and other characteristics of the project.

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

(c) The corporation shall establish restrictions on the prepayment of eligible project loans and on the transfer of ownership of the projects securing eligible project loans.

(d) The corporation shall require that any sums deferred on land leased at nominal rates by the corporation to the owner of a rental housing project shall be recovered by the corporation at the time an eligible project loan is prepaid, whether as a result of refinancing of the eligible project loan or otherwise, to the extent that funds are available from the refinancing or other method by which the eligible project loan is paid in full prior to its due date.

(e) The corporation shall enter into an agreement with the owner of a rental housing project to be financed with an eligible project loan which shall provide that in the event that the eligible project loan is at any time prepaid for the purpose of converting the rental units of such project to ownership units, all tenants at the time of the proposed conversion shall have the first option to purchase their units.

(f) All eligible project loans shall comply with applicable state and federal laws.

(g) The corporation shall submit an annual report to the legislature no later than twenty days prior to the convening of each regular session describing the multifamily revenue bond activity under this section. The following information shall be reported:

(1) The amount of multifamily revenue bond authority utilized and remaining balance;

(2) A description of multifamily project activity including dates, project names and descriptions, and bond amounts for the following activities:

(A) Application;

(B) Approval of inducement resolution;

(C) Approval to issue bonds; and

(D) Issuance of bonds; and

(3) A summary of the activity of the fund by quarter. [L 2006, c 180, pt of §4; am L 2017, c 175, §3]
Haw. Rev. Stat. § 205A-43.6 — HI Code / Division 1 / Title 13 / Chapter 205A / Section 205A-43.6
Enforcement of shoreline setbacks.
Status: in_force

(a) The department or an agency designated by department rules shall enforce this part and rules adopted pursuant to this part. Any structure or activity prohibited by section 205A-44, that has not received a variance pursuant to this part or complied with conditions on a variance, shall be removed or corrected. No other state or county permit or approval shall be construed as a variance pursuant to this part.

(b) Where the shoreline is affected by an artificial structure that has not been authorized with government agency permits required by law, if any part of the structure is on private property, then for purposes of enforcement of this part, the structure shall be construed to be entirely within the shoreline area.

(c) The authority of the board of land and natural resources to determine the shoreline and enforce rules established under chapter 183C shall not be diminished by an artificial structure in violation of this part. [L 1989, c 356, pt of §1; gen ch 1993; am L 1995, c 11, §13 and c 69, §13]
Haw. Rev. Stat. § 206-34 — HI Code / Division 1 / Title 13 / Chapter 206 / Section 206-34
Policy as to sale prices and rentals.
Status: in_force

It shall be the policy of the State that the board of land and natural resources (acting directly or by an agent or agents) shall manage and operate its development projects in an efficient manner so as to enable it to fix the rentals or prices for lands at the lowest possible rates or sales prices consistent with the purpose of this chapter; and that the board shall not construct or operate any project for profit, or as a source of revenue to the State. To this end, the board shall fix the sales prices for residential lots or rentals for lots or buildings in its projects at no higher rates or prices than it shall find to be necessary to produce revenues which (together with all other available moneys, revenues, income, and receipts of the board from whatever sources derived under the administration of this chapter) will be sufficient:

(1) To pay, as the same become due, the principal and interest on the bonds of the board;

(2) To meet the cost of, and to provide for, maintaining and operating the projects (including the cost of any insurance) and the administrative expenses of the board; and

(3) To create a reserve sufficient to meet the largest principal and interest payments which will be due on the bonds in any one year thereafter, and to maintain such reserve; provided that the rates or prices shall be at least fifteen per cent below the going market prices of comparable properties determined in accordance with generally accepted appraisal principles. [L 1961, c 6, §32; Supp, §98J-32; HRS §206-34]
Haw. Rev. Stat. § 201H-229 — HI Code / Division 1 / Title 13 / Chapter 201H / Section 201H-229
Condemnation of real property.
Status: in_force

The corporation, upon making a finding that it is necessary to acquire any real property for its immediate or future use for the purposes of this part, may acquire the property, including property already devoted to a public use, by condemnation pursuant to chapter 101. The property shall not thereafter be taken for any other public use without the consent of the corporation. No award of compensation shall be increased by reason of any increase in the value of real property caused by the designation of the urban redevelopment site or plan adopted pursuant to a designation, or the actual or proposed acquisition, use, or disposition of any other real property by the corporation.
Haw. Rev. Stat. § 206-2 — HI Code / Division 1 / Title 13 / Chapter 206 / Section 206-2
Administration of chapter.
Status: in_force

The board of land and natural resources is charged with the administration of this chapter.
Haw. Rev. Stat. § 206J-21 — HI Code / Division 1 / Title 13 / Chapter 206J / Section 206J-21
Construction of this chapter.
Status: in_force

The powers conferred by this chapter shall be in addition and supplemental to the powers conferred by any other law. Insofar as the provisions of this chapter are inconsistent with the provisions of any other law, this chapter shall be controlling.
Haw. Rev. Stat. § 220-1 — HI Code / Division 1 / Title 13 / Chapter 220 / Section 220-1
Aquaculture farms; rules.
Status: in_force

(a) The board of land and natural resources shall adopt rules for review of applications, and issuance of permits for aquaculture farms, pursuant to chapter 183C. The rules shall specify permitted uses; provided that all uses endorsed by the board of agriculture and biosecurity pursuant to chapter 219 shall be permitted uses; uses for which an environmental impact statement shall be necessary, pursuant to chapter 343, as well as those actions of repair and maintenance which shall not be subject to the permit and environmental impact statement provisions, including but not limited to emergency repairs.

(b) For the purposes of this section, "aquaculture" means all activities as defined in section 219-2, when carried out by a qualified aquaculturist as defined by section 219-2. [L 1975, c 27, pt of §2; am L 1986, c 339, §15; am L 1995, c 11, §15 and c 69, §14; am L 2001, c 55, §9 ; am L 2025, c 236, §18]
Haw. Rev. Stat. § 205A-30 — HI Code / Division 1 / Title 13 / Chapter 205A / Section 205A-30
Emergency and minor permits.
Status: in_force

Each county authority shall provide specific procedures consistent with this part for the issuance of special management area emergency permits or special management area minor permits, pursuant to the procedural requirements within this part, and judicial review from the grant and denial thereof. The lead agency shall file notice of special management area minor permits in the next available issue of the periodic bulletin of the office of planning and sustainable development.
Haw. Rev. Stat. § 201H-204 — HI Code / Division 1 / Title 13 / Chapter 201H / Section 201H-204
Eligible projects.
Status: in_force

(a) [Repeal and reenactment on June 30, 2030. L 2025, c 159, §8.] Activities eligible for assistance from the fund shall include but not be limited to:

(1) New construction, rehabilitation, or preservation of low-income rental housing units that meet the criteria for eligibility described in subsection (c) or section 201H-202(f);

(2) The leveraging of moneys with the use of fund assets;

(3) Pre-development activity grants or loans to nonprofit organizations; and

(4) Acquisition of housing units for the purpose of preservation as low-income or very low-income housing.

(b) Preference shall be given to projects producing units in at least one of the following categories:

(1) Multifamily units;

(2) Attached single-family units;

(3) Apartments;

(4) Townhouses;

(5) Housing units above commercial or industrial space;

(6) Single room occupancy units;

(7) Accessory apartment units;

(8) Employee housing;

(9) United States Department of Housing and Urban Development mixed finance development of public housing units; and

(10) Other types of units meeting the criteria for eligibility set forth in subsection (c).

(c) [Repeal and reenactment on June 30, 2030. L 2025, c 159, §8.] Except as provided in section 201H-202(f), the corporation shall establish an application process for fund allocation that gives preference to projects meeting the following criteria that are listed in descending order of priority:

(1) Serve the original target group;

(2) Provide at least five per cent of the total number of units for persons and families with incomes at or below thirty per cent of the median family income;

(3) Provide the maximum number of units for persons or families with incomes at or below eighty per cent of the median family income;

(4) Are committed to serving the target group over a longer period of time;

(5) Increase the integration of income levels of the immediate community area;

(6) Meet the geographic needs of the target group of the proposed rental housing project, such as proximity to employment centers and services; and

(7) Have favorable past performance in developing, owning, managing, or maintaining affordable rental housing.

The corporation may include other criteria as it deems necessary to carry out the purposes of this subpart.

If the corporation, after applying the process described in this subsection, finds a nonprofit project equally ranked with a for-profit or government project, the corporation shall give preference to the nonprofit project in allotting fund moneys. [L 2006, c 180, pt of §4; am L 2025, c 159, §3]
Haw. Rev. Stat. § 206-28 — HI Code / Division 1 / Title 13 / Chapter 206 / Section 206-28
State and political subdivisions not liable on bonds.
Status: in_force

The bonds and other obligations of the board of land and natural resources under this chapter (and the bonds and obligations shall so state on their face) shall not be a debt of the State or of any political subdivision; neither the State nor political subdivisions shall be liable thereon, nor in any event shall they be payable out of any funds or properties other than those of the board under this chapter. The bonds shall not be considered public indebtedness within the meaning of section 12, article VII of the Constitution of the State, nor shall the bonds constitute an indebtedness within the meaning of any other debt limitation or restriction. Bonds may be issued under this chapter notwithstanding any debt or other limitation prescribed by any statute.
Haw. Rev. Stat. § 201B-2 — HI Code / Division 1 / Title 13 / Chapter 201B / Section 201B-2
Hawaii tourism authority; establishment; board; president and chief executive officer.
Status: in_force

(a) There is established the Hawaii tourism authority, which shall be a body corporate and a public instrumentality of the State, for the purpose of implementing this chapter. The authority shall be placed within the department of business, economic development, and tourism for administrative purposes only.

(b) The authority shall be headed by an advisory board of directors that shall consist of twelve members; provided that:

(1) The members shall be appointed by the governor as provided in section 26-34, except as provided by this section;

(2) The members shall include at least one representative each from the city and county of Honolulu and the counties of Hawaii, Kauai, and Maui;

(3) One member shall be appointed by the president of the senate, and one member shall be appointed by the speaker of the house of representatives;

(4) At least six members shall have knowledge, experience, and expertise in the area of accommodations, transportation, retail, entertainment, or attractions, and at least one member appointed by the governor shall have knowledge, experience, and expertise in the area of Hawaiian cultural practices;

(5) At least one member shall represent a tourism-impacted entity;

(6) The governor shall make appointments to ensure the fulfillment of all requirements of paragraphs (2) and (4); provided that upon the occurrence of a vacancy subject to paragraph (3), the governor shall notify the president of the senate and the speaker of the house of representatives of any unfulfilled requirements pursuant to paragraphs (2) and (4), and the president of the senate or the speaker of the house of representatives, as appropriate, shall appoint a member who fulfills those requirements; and

(7) No person who has served as a member of the board of directors of the Hawaii Visitors and Convention Bureau shall be eligible to sit as a member of the board of directors of the Hawaii tourism authority until at least two years have expired between the person's termination from service on the Hawaii Visitors and Convention Bureau board and the person's appointment to the authority's board of directors.

(c) Members shall be appointed by the governor for terms of four years; provided that membership on the board shall not exceed eight consecutive years; provided further that each member shall hold office until the member's successor is appointed and qualified.

(d) The board shall elect a chairperson from among the members.

(e) Seven members shall constitute a quorum and a minimum of seven affirmative votes shall be necessary for all actions by the authority. The members shall serve without compensation, but shall be reimbursed for expenses, including traveling expenses, necessary for the performance of their duties.

(f) The board shall submit a nominee to the governor who shall transmit a governor's message with the name of the nominee to the senate within ten days of receipt, and shall, subject to the advice and consent of the senate, appoint the nominee to serve as president and chief executive officer, exempt from chapter 76, who shall oversee the authority staff; provided that the compensation package shall not include private sector moneys or other contributions. Notwithstanding any law to the contrary, the president and chief executive officer shall report to the governor.

The board shall set the president and chief executive officer's duties, responsibilities, holidays, vacations, leaves, hours of work, and working conditions. It may grant other benefits as it deems necessary. The board shall set the length of the president and chief executive officer's term of service pursuant to written contract. [L 1998, c 156, pt of §2; am L 2000, c 253, §150; am L 2002, c 143, §2 and c 148, §19; am L 2003, c 3, §3; am L 2004, c 10, §7 and c 58, §§6, 14(2); am L 2005, c 22, §§46, 50 and c 235, §4; am L 2006, c 306, §1; am L 2007, c 187, §2; am L Sp 2009, c 5, §§4, 12; am L 2010, c 102, §5; am L 2015, c 46, §1; am L Sp 2021, c 1, §18; am L 2022, c 220, §3; am L 2025, c 132, §3 and c 168, §2]
Haw. Rev. Stat. § 201-14 — HI Code / Division 1 / Title 13 / Chapter 201 / Section 201-14
Consolidated film permit processing.
Status: in_force

(a) The department shall consult with state and county agencies in order to identify sites that can be used for making visually recorded productions under terms and conditions as may be determined by the state or county agency having jurisdiction over the sites.

(b) The department may accept an application from any person who proposes to make a motion picture, television show, television commercial, or other visually recorded production at one or more sites on state or county lands, whether or not set aside under section 171 - 11.

(c) The applicant shall identify the sites to be covered by the permit and provide other information as may be required by the department.

(d) The department may approve and issue a permit to film at any of the sites identified by the appropriate state or county agency under subsection (a). If any site requested for use by the applicant is not identified under subsection (a), the department shall consult with the appropriate state or county agency having jurisdiction over the site to obtain a permit. If the matter of a permit cannot be resolved in this manner, the department shall refer the application to the appropriate state or county agency to obtain a permit.

(e) The department is authorized to make changes to, and extensions of, any approved permits so long as the changes and extensions do not conflict with the policies, terms, and conditions set forth by the agency having jurisdiction over the site in question.

(f) The department may establish memoranda of agreement or adopt rules to implement the intent and purposes of this section.

(g) Nothing in this section shall be construed as waiving the authority of any county or the department of transportation of the State to require a person to obtain a permit from the department or county where the production takes place on or from a public highway.

(h) A vessel engaged in temporary use for film production purposes in accordance with a film permit issued by the department shall not be considered to be a "commercial vessel" within the meaning of section 200 - 9, 200 - 10, or 200 - 39; provided that:

(1) The period of temporary use does not exceed fourteen hours per day, five days per week, excluding weekends, and for a period not to exceed thirty calendar days; and

(2) The department may make allowances to include weekends for film production purposes due to inclement weather conditions during the weekday period. [L 1987, c 357, §1; am L 1997, c 298, §1]
Haw. Rev. Stat. § 206E-185 — HI Code / Division 1 / Title 13 / Chapter 206E / Section 206E-185
Special facility revenue bonds.
Status: in_force

All special facility revenue bonds authorized to be issued in principal amounts not to exceed the total amount of bonds authorized by the legislature shall be issued pursuant to part III of chapter 39, except as follows:

(1) No revenue bonds shall be issued unless at the time of issuance the authority shall have entered into a special facility lease with respect to the special facility for which the revenue bonds are to be issued;

(2) The revenue bonds shall be issued in the name of the authority, and not in the name of the State;

(3) The revenue bonds shall be payable solely from and secured solely by the revenues derived by the authority from the special facility for which they are issued;

(4) The final maturity date of the revenue bonds shall not be later than either the estimated life of the special facility for which they are issued or the initial term of the special facility lease;

(5) If deemed necessary or advisable by the authority, or to permit the obligations of the other person to the special facility lease to be registered under the U.S. Securities Act of 1933, the authority, with the approval of the director of finance, may appoint a national or state bank within or without the State to serve as trustee for the holders of the revenue bonds and may enter into a trust indenture or trust agreement with the trustee. The trustee may be authorized by the authority to collect, hold, and administer the revenues derived from the special facility for which the revenue bonds are issued and to apply the revenues to the payment of the principal and interest on the revenue bonds. If any trustee shall be appointed, any trust indenture or agreement entered into by the authority with the trustee may contain the covenants and provisions authorized by part III of chapter 39 to be inserted in a resolution adopted or certificate issued, as though the words "resolution" or "certificate" as used in that part read "trust indenture or agreement". The covenants and provisions shall not be required to be included in the resolution or certificate authorizing the issuance of the revenue bonds if included in the trust agreement or indenture. Any resolution or certificate, trust indenture, or trust agreement adopted, issued, or entered into by the authority pursuant to this part may also contain any provisions required for the qualification thereof under the U.S. Trust Indenture Act of 1939. The authority may pledge and assign to the trustee the special facility lease and the rights of the authority including the revenues thereunder;

(6) If the authority, with the approval of the director of finance, shall have appointed or shall appoint a trustee for the holders of the revenue bonds, then notwithstanding the provisions of the second sentence of section 39-68, the director of finance may elect not to serve as fiscal agent for the payment of the principal and interest, and for the purchase, registration, transfer, exchange, and redemption, of the revenue bonds, or may elect to limit the functions the director of finance shall perform as the fiscal agent. The authority, with the approval of the director of finance, may appoint the trustee to serve as the fiscal agent, and may authorize and empower the trustee to perform the functions with respect to payment, purchase, registration, transfer, exchange, and redemption, that the authority may deem necessary, advisable, or expedient, including, without limitation, the holding of the revenue bonds and coupons which have been paid and the supervision and conduction of the destruction thereof in accordance with sections 40-10 and 40-11. Nothing in this paragraph shall be a limitation upon or construed as a limitation upon the powers granted in the preceding paragraph to the authority, with the approval of the director of finance, to appoint the trustee, or granted in sections 36-3 and 39-13 and the third sentence of section 39-68 to the director of finance to appoint the trustee or others, as fiscal agents, paying agents, and registrars for the revenue bonds or to authorize and empower the fiscal agents, paying agents, and registrars to perform the functions referred to in that paragraph and sections, it being the intent of this paragraph to confirm that the director of finance as aforesaid may elect not to serve as fiscal agent for the revenue bonds or may elect to limit the functions the director of finance shall perform as the fiscal agent, that the director of finance may deem necessary, advisable, or expedient;

(7) The authority may sell the revenue bonds either at public or private sale;

(8) If no trustee shall be appointed to collect, hold, and administer the revenues derived from the special facility for which the revenue bonds are issued, the revenues shall be held in a separate account in the treasury of the State, separate and apart from the Hawaii community development special fund, to be applied solely to the carrying out of the resolution, certificate, trust indenture, or trust agreement authorizing or securing the revenue bonds;

(9) If the resolution, certificate, trust indenture, or trust agreement shall provide that no revenue bonds issued thereunder shall be valid or obligatory for any purpose unless certified or authenticated by the trustee for the holders of the revenue bonds, signatures of the officers of the State upon the bonds required by section 39-56 may be facsimiles of their signatures;

(10) Proceeds of the revenue bonds may be used and applied by the authority to reimburse the other person to the special facility lease for all preliminary costs and expenses, including architectural and legal costs; and

(11) If the special facility lease shall require the other person to operate, maintain, and repair the special facility which is the subject of the lease, at the other person's expense, the requirement shall constitute compliance by the authority with section 39‑61(a)(2), and none of the revenues derived by the authority from the special facility shall be required to be applied to the purposes of section 39‑62(2). Sections 39-62(4), 39-62(5), and 39-62(6) shall not apply to the revenues derived from a special facility lease. [L 2001, c 180, pt of §2; am L 2014, c 61, §12; am L Sp 2021, c 9, §26]
Haw. Rev. Stat. § 206E-283 — HI Code / Division 1 / Title 13 / Chapter 206E / Section 206E-283
[ § 206E-283] Rules; guidelines.
Status: in_force

[ § 206E-283] Rules; guidelines. (a) Residential condominium units within urban redevelopment sites shall not be advertised for rent, rented, or used for any purpose other than owner-occupied residential use. The authority, by rule, shall establish penalties for violations of this subsection up to and including forced sale of a residential condominium unit within an urban redevelopment site.

(b) The design and development contracts for residential condominium units within an urban redevelopment site shall be subject to chapter 103D.

(c) Development should be revenue-neutral to the greatest extent possible.

(d) Urban redevelopment sites shall maximize walkability. [L 2023, c 97, pt of §3]
Haw. Rev. Stat. § 209-10 — HI Code / Division 1 / Title 13 / Chapter 209 / Section 209-10
Agricultural water systems; emergency power.
Status: in_force

When the governor has declared that a disaster has occurred for any portion of the State, pursuant to section 209-2, which results in damage to an agricultural water system that necessitates the temporary use of electrical power or backup generators to pump ground water for irrigation until the system can be repaired, the person who controls, operates, or manages the system may negotiate an agreement for the production of emergency power for the agricultural water system. The agreement shall terminate when the governor determines that the disaster emergency relief period is terminated.

If the negotiated agreement is with an independent power producer that is not currently regulated by the public utilities commission, the execution of the agreement shall not cause the independent power producer to become subject to the jurisdiction of the public utilities commission. [L 2008, c 97, §2]
Haw. Rev. Stat. § 219-3 — HI Code / Division 1 / Title 13 / Chapter 219 / Section 219-3
Hawaii aquaculture loan program.
Status: in_force

There is established the Hawaii aquaculture loan program to be administered by the board of agriculture and biosecurity.
Haw. Rev. Stat. § 206M-15.6 — HI Code / Division 1 / Title 13 / Chapter 206M / Section 206M-15.6
REPEALED.
Status: in_force

L Sp 2021, c 9, §34.
Haw. Rev. Stat. § 210D-2 — HI Code / Division 1 / Title 13 / Chapter 210D / Section 210D-2
Definitions.
Status: in_force

As used in this chapter:

"Community-based economic development" means a community institution-building process that results in community-based enterprises and other economic development activities which are designed and implemented by a community; consistent with a community's values, culture, and vision; and intended to increase community control over local resources and decision-making processes.

"Community-based organization" means a nonprofit corporation incorporated in the State of Hawaii that is organized and controlled by either a geographic community, a community of identity, or a community of interest and that is directly involved in community-based economic development activities.

"Community of identity" means a group of people who may not live in the same geographic area but who are bound together through a common ethnicity or other personal characteristic such as age or social status.

"Community of interest" means a group of people who may not live in the same geographic area but who are bound together through a common economic interest such as coffee growers or an aquaculture cooperative.

"Council" means the community-based economic development advisory council.

"Department" means the department of business, economic development, and tourism. [L 1990, c 111, pt of §2; am L 1996, c 192, §3; am L 2009, c 124, §2; am L 2017, c 47, §1]
Haw. Rev. Stat. § 209E-9 — HI Code / Division 1 / Title 13 / Chapter 209E / Section 209E-9
Eligibility; qualified business; sale of property or services.
Status: in_force

(a) Any business firm may be eligible to be designated a qualified business for purposes of this chapter if the business:

(1) Begins the operation of a trade or business in an eligible business activity within an enterprise zone;

(2) During each taxable year has at least fifty per cent of its enterprise zone establishments' gross receipts attributable to the active conduct of trade or business within enterprise zones located within the same county; and

(3) Either:

(A) Increases its average annual number of full-time employees employed at the business' establishment or establishments within enterprise zones located within the same county by at least ten per cent by the end of its first tax year of participation, and during each subsequent taxable year at least maintains that higher level of employment; or

(B) Increases its gross sales of agricultural crops produced, or agricultural products processed within enterprise zones located within the same county by two per cent annually.

For business firms engaged in producing or processing agricultural products, receipts from value-added products made from crops grown within enterprise zones located within the same county and sold at retail pursuant to the limits of subsection (e) shall count toward the gross receipts requirement under paragraph (2).

(b) A business firm may also be eligible to be designated a qualified business for purposes of this chapter if the business:

(1) Is actively engaged in the conduct of a trade or business in an eligible business activity in an area immediately prior to the area being designated an enterprise zone;

(2) Meets the requirements of subsection (a)(2); and

(3) Either:

(A) Increases its average annual number of full-time employees employed at the business' establishment or establishments within enterprise zones located within the same county by at least ten per cent by the end of the first year of operation, and by at least fifteen per cent by the end of each of the fourth, fifth, sixth, and seventh years of operation, and for businesses eligible for tax credits extending past the seventh year, at least maintains that higher level of employment during each subsequent taxable year; provided that the percentage increase shall be based upon the employee count at the beginning of the initial year of operation within the enterprise zone or zones; or

(B) Increases its gross sales of agricultural crops produced, or agricultural products processed within enterprise zones located within the same county by two per cent annually.

(c) After designation of an enterprise zone, each qualified business firm in the zone shall submit annually to the department an approved form supplied by the department that provides the information necessary for the department to determine if it may certify the applicability of the tax credits and exemptions provided in this chapter for the business firm. The approved form shall be submitted by each business to the governing body of the county in which the enterprise zone is located, then forwarded to the department by the governing body of the county.

(d) The form referred to in subsection (c) shall be prima facie evidence of the eligibility of a business for the purposes of this section.

(e) Tangible personal property shall be sold at an establishment of a qualified business within an enterprise zone and the transfer of title to the buyer of the tangible personal property shall take place in an enterprise zone located within the same county in which the tangible personal property is sold. Services shall be sold at an establishment of a qualified business engaged in a service business within an enterprise zone.

(f) For any fiscal year that includes September 11, 2001, a business may use its average annual number of full-time employees as of August 31, 2001--rather than its average annual number at the end of its fiscal year including September 11, 2001--if necessary to meet the requirements of subsection (a)(3) and (4) or (b)(3). A business may also use its average annual number of full-time employees at the end of its fiscal year that includes September 11, 2001, as its base number of full-time employees if necessary to meet the requirements of subsection (a)(3) and (4) or (b)(3) in future fiscal years. [L 1986, c 78, pt of §1; am L 1989, c 390, §4; am L 1995, c 91, §5; am L 1996, c 286, §2; am L 1997, c 262, §3; am L 2000, c 118, §3; am L 2002, c 146, §2; am L 2008, c 143, §4; am L 2009, c 174, §4]
Haw. Rev. Stat. § 201M-5 — HI Code / Division 1 / Title 13 / Chapter 201M / Section 201M-5
Small business regulatory review board; powers.
Status: in_force

(a) There shall be established within the department of business, economic development, and tourism, for administrative purposes, a small business regulatory review board to review any proposed new or amended rule. If the board determines that a proposed rule will not have a significant economic impact on a substantial number of small businesses, the board shall submit a statement to that effect to the agency that sets forth the reason for the board's decision. If the board determines that the proposed rule will have a significant economic impact on a substantial number of small businesses, the board may submit to the agency suggested changes in the proposed rule to minimize the economic impact of the proposed rule, or may recommend the withdrawal of the proposed rule. The board may also consider any request from small business owners for review of any rule proposed, amended, or adopted by a state agency or for review of any legislation affecting small businesses, and to make recommendations to the agency or the legislature regarding the need for a rule change or legislation. For requests regarding county rules, the board may make recommendations to the county council or the mayor for appropriate action.

(b) The board shall consist of eleven members, who shall be appointed by the governor pursuant to section 26-34; provided that:

(1) Three members shall be appointed from a list of nominees submitted by the president of the senate;

(2) Three members shall be appointed from a list of nominees submitted by the speaker of the house of representatives;

(3) Two members shall be appointed from a list of nominees submitted by the board;

(4) Two members shall be appointed by the governor;

(5) The director of business, economic development, and tourism, or the director's designated representative, shall serve as an ex officio, voting member of the board;

(6) The appointments shall reflect representation of a variety of businesses in the State;

(7) No more than two members shall be representatives from the same type of business; and

(8) There shall be at least one representative from each county.

For the purposes of paragraphs (1) and (2), nominations shall be solicited from small business organizations, state and county chambers of commerce, and other interested business organizations.

(c) Except for the ex officio member, all members of the board shall be either a current or former owner or officer of a business and shall not be an officer or employee of the federal, state, or county government. A majority of the board shall elect the chairperson. The chairperson shall serve a term of not more than one year, unless removed earlier by a two-thirds vote of all members to which the board is entitled.

(d) A majority of all the members appointed or confirmed to serve on the board, but not less than five, shall constitute a quorum to do business, and the concurrence of a majority of all the members appointed or confirmed to serve on the board, but not less than five, shall be necessary to make any action of the board valid.

(e) In addition to any other powers provided by this chapter, the board may:

(1) Adopt any rules necessary to implement this chapter;

(2) Organize and hold conferences on problems affecting small business; and

(3) Do any and all things necessary to effectuate the purposes of this chapter.

(f) The board shall submit an annual report to the legislature twenty days prior to each regular session detailing any requests from small business owners for review of any rule proposed, amended, or adopted by a state agency or for review of any legislation affecting small businesses, and any recommendations made by the board to an agency or the legislature regarding the need for a rule change or legislation. The report shall also contain a summary of the comments made by the board to agencies regarding its review of proposed new or amended rules. [L 1998, c 168, pt of §2, §5; am L 2002, c 202, §§3, 5; am L 2007, c 217, §4; am L 2012, c 241, §3; am L 2017, c 174, §3; am L 2018, c 18, §5; am L 2019, c 247, §1; am L 2024, c 67, §1; am L 2025, c 75, §1]
Haw. Rev. Stat. § 205-42 — HI Code / Division 1 / Title 13 / Chapter 205 / Section 205-42
Important agricultural lands; definition and objectives.
Status: in_force

(a) As used in this part, unless the context otherwise requires, "important agricultural lands" means those lands, identified pursuant to this part, that:

(1) Are capable of producing sustained high agricultural yields when treated and managed according to accepted farming methods and technology;

(2) Contribute to the State's economic base and produce agricultural commodities for export or local consumption; or

(3) Are needed to promote the expansion of agricultural activities and income for the future, even if currently not in production.

(b) The objective for the identification of important agricultural lands is to identify and plan for the maintenance of a strategic agricultural land resource base that can support a diversity of agricultural activities and opportunities that expand agricultural income and job opportunities and increase agricultural self-sufficiency for current and future generations. To achieve this objective, the State shall:

(1) Promote agricultural development and land use planning that delineates blocks of productive agricultural land and areas of agricultural activity for protection from the encroachment of nonagricultural uses; and

(2) Establish incentives that promote:

(A) Agricultural viability;

(B) Sustained growth of the agriculture industry; and

(C) The long-term agricultural use and protection of these productive agricultural lands. [L 2005, c 183, pt of §2]
Haw. Rev. Stat. § 226-109 — HI Code / Division 1 / Title 13 / Chapter 226 / Section 226-109
[ §226-109] Climate change adaptation priority guidelines.
Status: in_force

[ §226-109] Climate change adaptation priority guidelines. Priority guidelines to prepare the State to address the impacts of climate change, including impacts to the areas of agriculture; conservation lands; coastal and nearshore marine areas; natural and cultural resources; education; energy; higher education; health; historic preservation; water resources; the built environment, such as housing, recreation, transportation; and the economy shall:

(1) Ensure that Hawaii's people are educated, informed, and aware of the impacts climate change may have on their communities;

(2) Encourage community stewardship groups and local stakeholders to participate in planning and implementation of climate change policies;

(3) Invest in continued monitoring and research of Hawaii's climate and the impacts of climate change on the State;

(4) Consider native Hawaiian traditional knowledge and practices in planning for the impacts of climate change;

(5) Encourage the preservation and restoration of natural landscape features, such as coral reefs, beaches and dunes, forests, streams, floodplains, and wetlands, that have the inherent capacity to avoid, minimize, or mitigate the impacts of climate change;

(6) Explore adaptation strategies that moderate harm or exploit beneficial opportunities in response to actual or expected climate change impacts to the natural and built environments;

(7) Promote sector resilience in areas such as water, roads, airports, and public health, by encouraging the identification of climate change threats, assessment of potential consequences, and evaluation of adaptation options;

(8) Foster cross-jurisdictional collaboration between county, state, and federal agencies and partnerships between government and private entities and other nongovernmental entities, including nonprofit entities;

(9) Use management and implementation approaches that encourage the continual collection, evaluation, and integration of new information and strategies into new and existing practices, policies, and plans; and

(10) Encourage planning and management of the natural and built environments that effectively integrate climate change policy. [L 2012, c 286, §2]
Haw. Rev. Stat. § 201H-202 — HI Code / Division 1 / Title 13 / Chapter 201H / Section 201H-202
Rental housing revolving fund.
Status: in_force

[Repeal and reenactment on June 30, 2030. L 2025, c 159, §8.] (a) There is established the rental housing revolving fund to be administered by the corporation.

(b) An amount from the fund, to be set by the corporation and authorized by the legislature, may be used for administrative expenses incurred by the corporation in administering the corporation's housing finance programs; provided that fund moneys shall not be used to finance day-to-day administrative expenses of projects allotted fund moneys.

(c) The following may be deposited into the fund:

(1) Appropriations made by the legislature;

(2) Conveyance taxes pursuant to section 247-7;

(3) Private contributions;

(4) Repayment of loans;

(5) Interest;

(6) Other returns; and

(7) Moneys from other sources.

(d) Except as provided in subsection (f), the fund shall be used to provide loans for the development, pre-development, construction, acquisition, preservation, and substantial rehabilitation of rental housing units. The corporation shall not forgive any loan made from the fund unless the corporation forecloses on the project. Permitted uses of the fund may include but are not limited to planning, design, land acquisition, costs of options, agreements of sale, downpayments, equity financing, capacity building of nonprofit housing developers, credit enhancement, gap financing, or other housing development services or activities as provided in rules adopted by the corporation pursuant to chapter 91. The rules may provide for a means of recapturing loans or grants made from the fund if a rental housing project financed under the fund is refinanced or sold at a later date. The rules may also provide that moneys from the fund shall be leveraged with other financial resources to the extent possible.

(e) Except as provided in subsection (f), moneys available in the fund shall be used for the purpose of providing, in whole or in part, loans for rental housing projects demonstrating project readiness, efficiency, and feasibility acceptable to the corporation in the following order of priority:

(1) Projects or units in projects that are allocated low-income housing credits pursuant to the state housing credit ceiling under section 42(h) of the Internal Revenue Code of 1986, as amended, or projects or units in projects that are funded by programs of the United States Department of Housing and Urban Development and United States Department of Agriculture Rural Development wherein:

(A) At least fifty per cent of the available units are for persons and families with incomes at or below eighty per cent of the median family income of which at least five per cent of the available units are for persons and families with incomes at or below thirty per cent of the median family income; and

(B) The remaining units are for persons and families with incomes at or below one hundred per cent of the median family income;

provided that the corporation may establish rules to ensure full occupancy of fund projects; provided further that for projects that were awarded low-income housing credits pursuant to this paragraph, priority shall be given to projects with a perpetual affordability commitment. For purposes of this paragraph, "perpetual" means the useful life of the project; and

(2) Mixed-income rental projects or units in a mixed-income rental project for persons and families with incomes at or below one hundred forty per cent of the median family income.

(f) There is established within the fund a mixed-income subaccount. Moneys in the mixed-income subaccount shall be used for financing, including but not limited to loans, equity investments, and credit enhancement, for mixed-income rentals for qualified residents as defined in section 201H-32. The corporation shall establish an application process for the allocation of funds in the mixed-income subaccount, separate from the fund allocation process pursuant to section 201H-204(c), that gives preference to projects meeting the following criteria:

(1) A diverse range of affordability, prioritizing persons and families with incomes up to one hundred forty per cent of the median family income;

(2) Projects located on state or county owned land or developed in partnership with the State or a county;

(3) Projects that efficiently use state funding;

(4) Mixed-income rental projects or units in a mixed-income rental project in an area that satisfy transit-supportive density requirements, as defined in section 206E-246; and

(5) Any other criteria as the corporation deems necessary to carry out the purposes of this subsection.

If the corporation, after applying the process described in this subsection, finds a nonprofit or government project equally ranked with a for-profit project, the corporation shall give preference to the nonprofit or government project in allotting funds from the mixed-income subaccount.

Moneys derived from the repayment of loans funded by the mixed-income subaccount, interest thereon, and related fees and returns shall be deposited into the fund.

(g) There is established within the fund a bond volume cap recycling program subaccount. The bond volume cap recycling program subaccount shall be maintained as a reserve for the bond volume cap recycling program established pursuant to section 39B-2(f).

(h) The corporation shall submit an annual report to the legislature no later than twenty days prior to the convening of each regular session describing the projects funded and, with respect to rental housing projects targeted for persons and families with incomes at or below thirty per cent of the median family income, its efforts to develop those rental housing projects, a description of proposals submitted for this target group and action taken on the proposals, and any barriers to developing housing units for this target group.

(i) For the purposes of this subpart, the applicable median family income shall be the median family income for the county or standard metropolitan statistical area in which the project is located as determined by the United States Department of Housing and Urban Development, as adjusted from time to time.

(j) The corporation may provide loans under this section; provided that the corporation shall establish loan-to-value ratios to protect the fund from inordinate risk and that under no circumstances shall the rules permit the loan-to-value ratio to exceed one hundred per cent; provided further that the underwriting guidelines include a debt-coverage ratio of no less than 1.0 to 1.

(k) For the period commencing July 1, 2005, through June 30, 2009, the fund may be used to provide grants for rental units set aside for persons and families with incomes at or below thirty per cent of the median family income in any project financed in whole or in part by the fund in proportion of those units to the total number of units in the project. At the conclusion of the period described in this subsection, the corporation shall report to the legislature on the number and use of grants provided and whether the grants were an effective use of the funds for purposes of developing rental housing for families at or below thirty per cent of the median family income. [L 2006, c 180, pt of §4; am L 2007, c 249, §33; am L 2015, c 237, §25; am L 2022, c 236, §5; am L 2024, c 35, §5 and c 235, §2; am L 2025, c 159, §2]
Haw. Rev. Stat. § 207-13 — HI Code / Division 1 / Title 13 / Chapter 207 / Section 207-13
Permitted activities.
Status: in_force

The activities referred to in section 207-12 are:

(1) Making loans;

(2) Receiving security for loans;

(3) Acquiring, by assignment or otherwise, partial or entire interests in loans or in security for loans;

(4) Servicing (but servicing only by or through individuals who are residents of, or corporations doing business in, this State), collecting, enforcing, or otherwise realizing upon loans or upon security for loans or upon interests therein; and taking, holding, and disposing of any property acquired (whether by purchase at any sale pursuant to foreclosure by suit or foreclosure under power of sale, or by foreclosure by entry, or by conveyance in lieu of foreclosure) in enforcement of the rights of the foreign lender in the event of default by any borrower; and

(5) Empowering agents and servants or in connection with, and entering into and performing contracts, and doing other acts and things necessary or appropriate for or preliminary or incident to, any of the foregoing activities, but not maintaining any office in this State for the conduct of any such activities. [L 1961, c 194, §10; Supp, §98L-10; HRS §207-13; am L 2017, c 12, §26]
Haw. Rev. Stat. § 226-54 — HI Code / Division 1 / Title 13 / Chapter 226 / Section 226-54
[OLD] REPEALED.
Status: in_force

L 1991, c 76, pt of §1.

§226-54 Amendments to this chapter. Amendments to this chapter shall be adopted in accordance with the legislative review process. Proposals from the general public to initiate amendments to any provision of this chapter, shall be subject to the following provisions:

(1) Any person may submit proposals to amend this chapter to the office and the legislature; and

(2) The office shall review proposed amendments and submit its findings and recommendations to the legislature thirty days prior to the convening of the next legislative session. [L 1978, c 100, pt of §2; am L 1984, c 236, §7; am L 1987, c 336, §4(6); §226-56; ren and am L 1991, c 76, pt of §1]
Haw. Rev. Stat. § 205-44 — HI Code / Division 1 / Title 13 / Chapter 205 / Section 205-44
Standards and criteria for the identification of important agricultural lands.
Status: in_force

(a) The standards and criteria in this section shall be used to identify important agricultural lands. Lands identified as important agricultural lands need not meet every standard and criteria listed in subsection (c). Rather, lands meeting any of the criteria in subsection (c) shall be given initial consideration; provided that the designation of important agricultural lands shall be made by weighing the standards and criteria with each other to meet the constitutionally mandated purposes in article XI, section 3, of the Hawaii constitution and the objectives and policies for important agricultural lands in sections 205-42 and 205-43.

(b) In a petition for a declaratory order submitted under section 205-45 that seeks to both designate lands as important agricultural lands and reclassify lands in the agricultural district to the rural, conservation, or urban district, the lands shall be deemed qualified for designation as important agricultural land if the commission reasonably finds that the lands meet at least the criteria of subsection (c)(5) and (7) of this section.

If a petition seeks to only designate land as important agricultural lands, then the commission shall evaluate the lands in accordance with subsection (a).

(c) The standards and criteria shall be as follows:

(1) Land currently used for agricultural production;

(2) Land with soil qualities and growing conditions that support agricultural production of food, fiber, or fuel- and energy-producing crops;

(3) Land identified under agricultural productivity rating systems, such as the agricultural lands of importance to the State of Hawaii (ALISH) system adopted by the board of agriculture and biosecurity on January 28, 1977;

(4) Land types associated with traditional native Hawaiian agricultural uses, such as taro cultivation, or unique agricultural crops and uses, such as coffee, vineyards, aquaculture, and energy production;

(5) Land with sufficient quantities of water to support viable agricultural production;

(6) Land whose designation as important agricultural lands is consistent with general, development, and community plans of the county;

(7) Land that contributes to maintaining a critical land mass important to agricultural operating productivity; and

(8) Land with or near support infrastructure conducive to agricultural productivity, such as transportation to markets, water, or power. [L 2005, c 183, pt of §2; am L 2008, c 233, §18 ; am L 2025, c 236, §18]
Haw. Rev. Stat. § 206E-6 — HI Code / Division 1 / Title 13 / Chapter 206E / Section 206E-6
District-wide improvement program.
Status: in_force

(a) The authority shall develop a district-wide improvement program to identify necessary district-wide public facilities within a community development district.

(b) Whenever the authority shall determine to undertake, or cause to be undertaken, any public facility as part of the district-wide improvement program, the cost of providing the public facilities shall be assessed against the real property in the community development district specially benefiting from such public facilities. The authority shall determine the areas of the community development district which will benefit from the public facilities to be undertaken and, if less than the entire community development district benefits, the authority may establish assessment areas within the community development district. The authority may issue and sell bonds in such amounts as may be authorized by the legislature to provide funds to finance such public facilities. The authority shall fix the assessments against real property specially benefited. All assessments made pursuant to this section shall be a statutory lien against each lot or parcel of land assessed from the date of the notice declaring the assessment until paid and such lien shall have priority over all other liens except the lien of property taxes. As between liens of assessments, the earlier lien shall be superior to the later lien.

(c) Bonds issued to provide funds to finance public facilities shall be secured solely by the real properties benefited or improved, the assessments thereon, or by the revenues derived from the program for which the bonds are issued, including reserve accounts and earnings thereon, insurance proceeds, and other revenues, or any combination thereof. The bonds may be additionally secured by the pledge or assignment of loans and other agreements or any note or other undertaking, obligation, or property held by the authority. Bonds issued pursuant to this section and the income therefrom shall be exempt from all state and county taxation, except transfer and estate taxes. The bonds shall be issued according and subject to the provisions of the rules adopted pursuant to this section.

(d) Any other law to the contrary notwithstanding, in assessing real property for public facilities, the authority shall assess the real property within an assessment area according to the special benefits conferred upon the real property by the public facilities. These methods may include assessment on a frontage basis or according to the area of real property within an assessment area or any other assessment method which assesses the real property according to the special benefit conferred, or any combination thereof. No such assessment levied against real property specially benefited as provided by this chapter shall constitute a tax on real property within the meanings of any constitutional or statutory provisions.

(e) The authority shall adopt rules pursuant to chapter 91, and may amend the rules from time to time, providing for the method of undertaking and financing public facilities in an assessment area or an entire community development district. The rules adopted pursuant to this section shall include, but are not limited to, the following: methods by which the authority shall establish assessment areas; the method of assessment of real properties specially benefited; the costs to be borne by the authority, the county in which the public facilities are situated, and the property owners; the procedures before the authority relating to the creation of the assessment areas by the owners of real property therein, including provisions for petitions, bids, contracts, bonds, and notices; provisions relating to assessments; provisions relating to financing, such as bonds, special funds, advances from available funds, special funds for payment of bonds, payment of principal and interest, and sale and use of bonds; provisions relating to funds and refunding of outstanding debts; and provisions relating to limitations on time to sue, and other related provisions.

(f) Any provisions to the contrary notwithstanding, the authority may, in its discretion, enter into any agreement with the county in which the public facilities are located, to implement all or part of the purposes of this section.

(g) All sums collected under this section shall be deposited in the Hawaii community development special fund established by section 206E-16; except that notwithstanding section 206E-16, all moneys collected on account of assessments and interest thereon for any specific public facilities financed by the issuance of bonds shall be set apart in a separate special fund and applied solely to the payment of the principal and interest on these bonds, the cost of administering, operating, and maintaining the program, the establishment of reserves, and other purposes as may be authorized in the proceedings providing for the issuance of the bonds. If any surplus remains in any special fund after the payment of the bonds chargeable against that fund, it shall be credited to and become a part of the Hawaii community development special fund. Moneys in the Hawaii community development special fund may be used to make up any deficiencies in the special fund.

(h) If the public facilities to be financed through bonds issued by the authority may be dedicated to the county in which the public facilities are to be located, the authority shall ensure that the public facilities are designed and constructed to meet county requirements.

(i) Notwithstanding any law to the contrary, whenever as part of a district-wide improvement program it becomes necessary to remove, relocate, replace, or reconstruct public utility facilities, the authority shall establish by rule the allocation of cost between the authority, the affected public utilities, and properties that may specially benefit from such improvement, if any. In determining the allocation of cost, the authority shall consider the cost allocation policies for improvement districts established by the county in which the removal, relocation, replacement, or reconstruction is to take place. [L 1976, c 153, pt of §1; am L 1982, c 228, §5; am L 1984, c 20, §§1, 2; am L 1985, c 38, §2 and c 51, §1; am L 1986, c 4, §1 and c 105, §1; am L 1987, c 8, §1 and c 355, §6; am L Sp 2021, c 9, §22]
Haw. Rev. Stat. § 226-7 — HI Code / Division 1 / Title 13 / Chapter 226 / Section 226-7
Objectives and policies for the economy--agriculture.
Status: in_force

(a) Planning for the State's economy with regard to agriculture shall be directed towards achievement of the following objectives:

(1) Viability of Hawaii's sugar and pineapple industries.

(2) Growth and development of diversified agriculture throughout the State.

(3) An agriculture industry that continues to constitute a dynamic and essential component of Hawaii's strategic, economic, and social well-being.

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

(1) Establish a clear direction for Hawaii's agriculture through stakeholder commitment and advocacy.

(2) Encourage agriculture by making the best use of natural resources.

(3) Provide the governor and the legislature with information and options needed for prudent decision-making for the development of agriculture.

(4) Establish strong relationships between the agricultural and visitor industries for mutual marketing benefits.

(5) Foster increased public awareness and understanding of the contributions and benefits of agriculture as a major sector of Hawaii's economy.

(6) Seek the enactment and retention of federal and state legislation that benefits Hawaii's agricultural industries.

(7) Strengthen diversified agriculture by developing an effective promotion, marketing, and distribution system between Hawaii's food producers and consumers in the State, nation, and world.

(8) Support research and development activities that strengthen economic productivity in agriculture, stimulate greater efficiency, and enhance the development of new products and agricultural by-products.

(9) Enhance agricultural growth by providing public incentives and encouraging private initiatives.

(10) Assure the availability of agriculturally suitable lands with adequate water to accommodate present and future needs.

(11) Increase the attractiveness and opportunities for an agricultural education and livelihood.

(12) In addition to the State's priority on food, expand Hawaii's agricultural base by promoting growth and development of flowers, tropical fruits and plants, livestock, feed grains, forestry, food crops, aquaculture, and other potential enterprises.

(13) Promote economically competitive activities that increase Hawaii's agricultural self-sufficiency, including the increased purchase and use of Hawaii-grown food and food products by residents, businesses, and governmental bodies as defined under section 103D‑104.

(14) Promote and assist in the establishment of sound financial programs for diversified agriculture.

(15) Institute and support programs and activities to assist the entry of displaced agricultural workers into alternative agricultural or other employment.

(16) Facilitate the transition of agricultural lands in economically nonfeasible agricultural production to economically viable agricultural uses.

(17) Perpetuate, promote, and increase use of traditional Hawaiian farming systems, such as the use of loko i ‘ a, māla, and irrigated lo ‘ i, and growth of traditional Hawaiian crops, such as kalo, ‘ uala, and ‘ulu.

(18) Increase and develop small-scale farms. [L 1978, c 100, pt of §2; am L 1986, c 276, §6; am L 1993, c 25, §2; am L 2009, c 167, §3; am L 2013, c 55, §2; am L 2015, c 31, §2]
Haw. Rev. Stat. § 206E-199 — HI Code / Division 1 / Title 13 / Chapter 206E / Section 206E-199
Reports.
Status: in_force

(a)] After a reasonable time has elapsed, the authority may present its opinion and recommendations to the governor, the legislature, the public, or any of these. The authority shall include with this opinion any reply made by the landowner.

[(b)] The authority shall submit to the various landowners in the district a quarterly report discussing the authority's activities under this part. The report shall be made available to the public upon request. [L 2004, c 188, pt of §2]

Revision Note

Section is a blend of two sections.
Haw. Rev. Stat. § 211E-1 — HI Code / Division 1 / Title 13 / Chapter 211E / Section 211E-1
Definitions.
Status: in_force

As used in this chapter:

"Financing" means furnishing risk capital to persons for use in the development or exploitation of specific inventions or products.

"Innovation" means any new product or invention.

"Invention" means any new process or technique for which a patent has been granted; or which in the opinion of the advisory committee, the chance of obtaining a patent thereon is favorable.

"Inventor" means any resident taxpayer subject to the jurisdiction of the laws of the State of Hawaii who develops an innovation.

"Loan" means financing in which the department of business, economic development, and tourism shall prescribe the form of participation under section 211E-2(b) to carry out the purposes of this chapter.

"Product" means any product, device, technique, or process, which is or may be exploitable commercially. This term shall not refer to pure research but shall be construed to apply to such products, devices, techniques, or processes which have advanced beyond the theoretical stage and are readily capable of being, or have been reduced to practice.

"Venture" means, without limitation, any contractual arrangement with any person whereby the investor with risk capital obtain rights from or in an invention or product or proceeds therefrom in exchange for financing such persons. [L Sp 1981 1st, c 8, pt of §2; am L 1987, c 242, §3 and c 336, §7; am L 1990, c 293, §8]
Haw. Rev. Stat. § 201H-14 — HI Code / Division 1 / Title 13 / Chapter 201H / Section 201H-14
Contracts with the federal government.
Status: in_force

(a) The corporation may:

(1) Borrow money or accept grants from the federal government for or in aid of any housing project that the corporation is authorized to undertake;

(2) Take over any land acquired by the federal government for the construction or operation of a housing project with the approval of the federal government or at the request of the federal government;

(3) Procure insurance or guarantees from the federal government for the payment of any debts or parts thereof secured by mortgages made or held by the corporation on any property included in any housing project;

(4) Comply with any conditions required by the federal government in any contract for financial assistance; and

(5) Execute contracts with the federal government.

(b) It is the purpose and intent of this part to authorize the corporation to do any and all things necessary to secure the financial aid and the cooperation of the federal government in the undertaking, construction, maintenance, and operation of any housing project that the corporation is empowered to undertake. [L 2005, c 196, pt of §20; am L 2006, c 180, §11]
Haw. Rev. Stat. § 206E-282 — HI Code / Division 1 / Title 13 / Chapter 206E / Section 206E-282
[ § 206E-282] Ninety-nine year leasehold program.
Status: in_force

[ § 206E-282] Ninety-nine year leasehold program. (a) There is established the ninety-nine year leasehold program for the purpose of providing low-cost, leasehold residential condominium units for sale to Hawaii residents on state-owned lands within an urban redevelopment site.

(b) The program shall be limited to one project on non-ceded lands within an urban redevelopment site, which shall be selected by the authority. [L 2023, c 97, pt of §3]
Haw. Rev. Stat. § 201C-3 — HI Code / Division 1 / Title 13 / Chapter 201C / Section 201C-3
Financial assistance program; source of funds.
Status: in_force

(a) All moneys to carry out the purposes of the financial services assistance program under this chapter shall be allocated by the legislature through appropriations out of the Hawaii capital loan revolving fund established pursuant to section 210-3. The department shall include in its budgetary request for each upcoming fiscal period, the amounts necessary to effectuate the purposes of this section.

(b) All moneys received in repayment of loan principal, payment of interest, or fees, under this chapter shall be deposited to the credit of [the] Hawaii capital loan revolving fund established pursuant to section 210 - 3. [L 1990, c 107, pt of §3; am L 1993, c 280, §17; am L 1998, c 176, §14]
Haw. Rev. Stat. § 201H — HI Code / Division 1 / Title 13 / Chapter 201H / Section 201H
‑86] Low-income housing tax credit loan.
Status: in_force

[§201H‑86] Low-income housing tax credit loan. (a) The corporation may provide a no-interest low-income housing tax credit loan to an owner of a qualified low-income building that has been awarded federal tax credits that are subject to the state housing credit ceiling under section 42(h)(3)(C) of the Internal Revenue Code, federal credits that are allocated pursuant to section 42(h)(4) of the Internal Revenue Code, or a subaward under section 1602 of the American Recovery and Reinvestment Act of 2009, Public Law 111-5. The loan shall be in an amount equal to seventy per cent of the cash value of the amount of the low-income housing tax credit that would otherwise have been claimable with respect to the qualified low-income building under section 235-110.8 for each taxable year in the ten-year credit period, discounted to present day value and capitalized at the rate of interest on the taxable general obligation bonds used to fund the loan.

(b) An owner who is provided a low-income housing tax credit loan under this section shall not be eligible for the state income tax credit under section 235-110.8.

(c) The corporation shall impose conditions or restrictions on the low-income housing tax credit loan, including:

(1) A requirement providing for acceleration and repayment on any no-interest loan under this section to assure that the building with respect to which the loan is made remains a qualified low-income building under section 42 of the Internal Revenue Code or section 1602 of the American Recovery and Reinvestment Act of 2009, Public Law 111-5. Any such repayment shall be payable to the housing finance revolving fund and may be enforced by means of liens or other methods as the corporation deems appropriate;

(2) The same limitations on rent, income, and use restrictions as applied under an allocation of a housing credit dollar amount allocated under section 42 of the Internal Revenue Code; and

(3) The payment of reasonable fees for the corporation to perform or cause to be performed asset management functions to ensure compliance with section 42 of the Internal Revenue Code and the long-term viability of buildings funded by any no-interest loan under this section.

(d) The corporation shall perform asset management functions to ensure compliance with section 42 of the Internal Revenue Code or section 1602 of the American Recovery and Reinvestment Act of 2009, Public Law 111-5, to sustain the long-term viability of buildings funded by a no-interest loan under this section.

(e) The corporation may collect reasonable fees from the owner of a qualified low-income building to cover expenses associated with the performance of the corporation's duties under this section and may retain an agent or other private contractor to satisfy the requirements of this section.

(f) If the owner is not in default, the corporation may forgive the amount remaining under the no-interest loan to the owner of the qualified low-income building after thirty years.

(g) For purposes of this section, "qualified low-income building" shall have the same meaning as used in section 42(c)(2) of the Internal Revenue Code. [L 2011, c 158, §2][ §201H‑59] Affordable rental housing development program. (a) There is established the affordable rental housing development program under the Hawaii housing finance and development corporation.

(b) The purpose of this program shall be to preserve affordable rental housing units.

(c) For the purposes of this section, activities eligible for assistance from the affordable rental housing development program shall include rehabilitation, acquisition, or preservation of multifamily rental housing units for persons and families with incomes at or below eighty per cent of the median family income, as determined by the United States Department of Housing and Urban Development.

(d) The corporation shall identify properties whose contracts with either the United States Department of Housing and Urban Development or the United States Department of Agriculture are set to expire on or before January 1, 2012, and the corporation shall contact the project owners to initiate negotiations to renew or preserve the existing subsidy contracts; provided that:

(1) Nonprofit organizations shall be given priority to take over expiring subsidy contracts; and

(2) Nonprofit organizations shall be given priority over for-profit organizations, if federal government funds are needed for the acquisition or rehabilitation of a project. [L 2011, c 193, §2][§201H‑58] Leases; self-help housing. (a) The [corporation] may lease parcels that it deems suitable for affordable housing at $1 per year for up to fifty years to organizations or community trusts to develop the parcel with ownership units through self-help development.

(b) The [corporation] may extend or modify the fixed rental period of the lease or extend the term of the lease.

(c) Parcels leased under this section may be transferred or assigned by devise, bequest, or intestate succession, and may be sublet with the approval of the [corporation]. [L 2006, c 179, §4]
Haw. Rev. Stat. § 201H-82 — HI Code / Division 1 / Title 13 / Chapter 201H / Section 201H-82
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 subpart 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 chapter 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. § 201M-6 — HI Code / Division 1 / Title 13 / Chapter 201M / Section 201M-6
Petition for regulatory review.
Status: in_force

(a) In addition to the basis for filing a petition provided in section 91‑6, any affected small business may file a written petition with the agency that has adopted the rules objecting to all or part of any rule affecting small business on any of the following grounds:

(1) The actual effect on small business was not reflected in, or significantly exceeded, the small business impact statement submitted prior to the adoption of the rules;

(2) The small business impact statement did not consider new or significant economic information that reveals an undue impact on small business;

(3) These impacts were not previously considered at the public hearing on the rules;

(4) The rules create an undue barrier to the formation, operation, and expansion of small businesses in a manner that significantly outweighs its benefit to the public;

(5) The rules duplicate, overlap, or conflict with rules adopted by another agency or violate the substantive authority under which the rules were adopted; or

(6) The technology, economic conditions, or other relevant factors justifying the purpose for the rules have changed or no longer exist.

(b) Upon submission of the petition, the agency shall forward a copy of the petition to the board, as notification of a petition filed under this chapter. The agency shall promptly consider the petition and may seek advice and counsel regarding the petition from the appropriate departmental advisory committee on small business. Within sixty days after the submission of the petition, the agency shall determine whether the impact statement or the public hearing addressed the actual and significant impact on small business. The agency shall submit a written response of the agency's determination to the board within sixty days after receipt of the petition. If the agency determines that the petition merits the adoption, amendment, or repeal of a rule, it may initiate proceedings in accordance with section 91-3.

(c) If the agency determines that the petition does not merit the adoption, amendment, or repeal of any rule, any affected small business may seek a review of the decision by the board. The board shall promptly convene a meeting pursuant to chapter 92 for the purpose of soliciting testimony that will assist in its determination whether to recommend that the agency initiate proceedings in accordance with section 91-3. The board may base its recommendation on any of the following reasons:

(1) The actual effect on small business was not reflected in, or significantly exceeded, the impact statement submitted prior to the adoption of the rules;

(2) The impact statement did not consider new or significant economic information that reveals an undue impact on small business;

(3) These impacts were not previously considered at the public hearing on the rules;

(4) The rules create an undue barrier to the formation, operation, and expansion of small businesses in the State in a manner that significantly outweighs its benefit to the public;

(5) The rules duplicate, overlap, or conflict with rules adopted by another agency or violate the substantive authority under which the rules were adopted; or

(6) The technology, economic conditions, or other relevant factors justifying the purpose for the rules have changed or no longer exist.

(d) If the board recommends that an agency initiate rulemaking proceedings for any reason provided in subsection (c), it shall submit to the legislature an evaluation report and the agency's response as provided in subsection (b). The legislature may subsequently take any action in response to the evaluation report and the agency's response as it finds appropriate.

(e) If the board does not recommend that an agency initiate rulemaking proceedings, the board shall notify the small business of its decision and inform the small business that the small business may submit a complaint to the ombudsman pursuant to chapter 96 regarding the decision of the agency or board.

(f) Nothing in this section shall entitle an affected small business to a contested case hearing under chapter 91. [L 1998, c 168, pt of §2, §5; am L 2002, c 202, §5; am L 2007, c 217, §5; am L 2017, c 12, §12]
Haw. Rev. Stat. § 227D-8 — HI Code / Division 1 / Title 13 / Chapter 227D / Section 227D-8
Assistance by state and county agencies.
Status: in_force

Every state or county agency may render services to the authority upon request of the authority.
Haw. Rev. Stat. § 201H-21 — HI Code / Division 1 / Title 13 / Chapter 201H / Section 201H-21
Duty to make reports.
Status: in_force

Except as otherwise provided by law, the corporation shall:

(1) File at least once a year with the governor a report of its activities for the preceding fiscal year;

(2) Report to the state comptroller on moneys deposited in depositories other than the state treasury under section 40-81 and rules adopted thereunder; and

(3) Submit an annual report to the legislature on all corporation program areas and funds organized by program area, and by fund within each program area, no later than twenty days prior to the convening of each regular session, which shall provide the following information on the status of its programs and finances:

(A) A description of programs being developed in the current fiscal biennium, including a summary listing of the programs, the status of each program, the methods of project financing or loans, and other information deemed significant;

(B) A description of programs planned for development during the two ensuing fiscal bienniums, including a summary listing of the proposed programs, the methods of project financing or loans, and other information deemed significant;

(C) A status report of actual expenditures made in the prior completed fiscal year from each fund and agent established under this chapter, estimated expenditures anticipated for the current fiscal year, and projected expenditures for the ensuing fiscal years to be described in relation to specific projects developed to implement the purposes of any program, fund, or agent established under this chapter;

(D) A financial audit and report conducted on an annual basis by a certified public accounting firm; and

(E) Recommendations with reference to any additional legislation or other action that may be necessary to carry out the purposes of this chapter. [L 2005, c 196, pt of §20; am L 2006, c 180, §15; am L 2025, c 155, §1]
Haw. Rev. Stat. § 201H-124 — HI Code / Division 1 / Title 13 / Chapter 201H / Section 201H-124
Rental assistance contracts.
Status: in_force

(a) The corporation may enter into a rental assistance contract and a regulatory agreement with the owner of an eligible project, when the owner of an eligible project is other than the corporation.

(b) Prior to the execution of a rental assistance contract, the corporation may execute an agreement to enter into a rental assistance contract with an owner. The agreement shall provide for the execution of a rental assistance contract upon satisfaction of the terms set forth in the agreement and otherwise established by the corporation. Each rental assistance contract heretofore entered into by the corporation that provided that rental assistance payments shall be made solely from the earnings on the investment of the rental assistance revolving fund shall hereafter, without modification of the contracts, be payable from the aggregate principal sum and the accumulated earnings in the rental assistance revolving fund.

(c) A rental assistance contract and any subsidy of tenants' rents in projects developed under this subpart shall be for a term not in excess of thirty-five years and shall be approved by the board of directors of the corporation. Upon that approval by the corporation, the director of finance shall be authorized to guarantee the obligation of the corporation for the term of the rental assistance contract or the subsidy of tenants' rents in an amount equal to the aggregate obligation of the corporation to make assistance payments; provided that the aggregate of all of the outstanding guarantees shall not exceed $100,000,000. Pursuant to that guarantee, the corporation shall make annual rental payments to the owner in accordance with the approved rental assistance contract or to the tenants in accordance with the approved subsidy.

(d) Each rental assistance contract shall set forth a maximum annual rental assistance payment amount. The corporation shall establish procedures for determining the maximum annual rental assistance payment amount and may consider the following:

(1) The cost of constructing the eligible project;

(2) The estimated annual operating cost of the eligible project;

(3) The estimated maximum rentals that may be charged for dwelling units in the eligible project;

(4) The amount of funds available for the funding of rental assistance contracts;

(5) The number of eligible projects requiring assistance under this subpart; and

(6) A restricted rate of return on equity to the owner, which rate shall be established by the corporation by rule. [L 2006, c 180, pt of §4]
Haw. Rev. Stat. § 205-19 — HI Code / Division 1 / Title 13 / Chapter 205 / Section 205-19
Contested cases.
Status: in_force

(a) Chapter 91 shall apply to every contested case arising under this chapter except where chapter 91 conflicts with this chapter, in which case this chapter shall apply. Any other law to the contrary notwithstanding, including chapter 91, any contested case under this chapter shall be appealed from a final decision and order or a preliminary ruling that is of the nature defined by section 91-14(a) upon the record directly to the supreme court for final decision. Only a person aggrieved in a contested case proceeding provided for in this chapter may appeal from the final decision and order or preliminary ruling. For the purposes of this section, the term "person aggrieved" includes an agency that is a party to a contested case proceeding before that agency or another agency.

(b) The court shall give priority to contested case appeals of significant statewide importance over all other civil or administrative appeals or matters and shall decide these appeals as expeditiously as possible. [L 2016, c 48, §§3, 14; am L 2019, c 213, §1]
Haw. Rev. Stat. § 201H-150 — HI Code / Division 1 / Title 13 / Chapter 201H / Section 201H-150
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. § 205-20 — HI Code / Division 1 / Title 13 / Chapter 205 / Section 205-20
Private covenants; residentially zoned lots; urban district.
Status: reserved

(a) No private covenant for a residentially zoned lot within an urban district recorded after May 28, 2024, shall limit the:

(1) Number of accessory dwelling units on that residentially zoned lot below the amount allowed pursuant to section 46-4.8; or

(2) Long-term rental of residential units on that residentially zoned lot.

(b) This section shall not apply to any private covenants recorded before May 28, 2024.

(c) For purposes of this section, "residentially zoned lot" means a zoning lot in a county zoning district that is principally reserved for single-family and two-family detached dwellings. "Residentially zoned lot" does not include a lot in a county zoning district that is intended for rural, low density residential development, and open space preservation. [L 2024, c 39, §2]

Revision Note

"May 28, 2024," and "May 28, 2024", respectively, substituted for "the effective date of this Act" pursuant to §23G-15.
Haw. Rev. Stat. § 201H-230 — HI Code / Division 1 / Title 13 / Chapter 201H / Section 201H-230
Lease of projects.
Status: in_force

Notwithstanding any law to the contrary, the corporation, without recourse to chapter 103D, may lease for a term not exceeding sixty-five years all or any portion of the real or personal property constituting the commercial portion of a mixed-use project to any person, upon terms and conditions as may be approved by the corporation; provided that all revenues generated from the lease shall be used to support the purpose of this part.