Haw. Rev. Stat. § 206-30 — HI Code / Division 1 / Title 13 / Chapter 206 / Section 206-30
Provisions of bonds.
Status: in_force

In connection with the issuance of bonds or the incurring of any obligation and to secure the payment of the bonds or obligations, the board of land and natural resources in addition to its other powers may:

(1) Pledge all or any part of its revenues under this chapter to which its right then exists or may thereafter come into existence;

(2) Covenant against mortgaging all or any part of its property, real or personal, then owned or thereafter acquired, in connection with development projects or against permitting or suffering any lien thereon;

(3) Covenant with respect to limitations on its right to sell, lease, or otherwise dispose of any project or any part thereof;

(4) Covenant against pledging all or any part of its revenues from any development project to which its right then exists or may thereafter come into existence, or against permitting or suffering any lien thereon;

(5) Covenant as to the bonds to be issued and as to the issuance of the bonds in escrow or otherwise, and as to the use and disposition of the proceeds thereof;

(6) Covenant as to what other, or additional debts may be incurred by it in the exercise of its authority under this chapter;

(7) Provide for the replacement of lost, destroyed, or mutilated bonds;

(8) Covenant that the board warrants title;

(9) Covenant as to the amount to be raised each year or other period of time by revenues under this chapter and as to the use and disposition to be made thereof;

(10) Covenant as to the use of any or all of its property, real or personal, acquired or held for use in connection with development projects under this chapter;

(11) Create or authorize the creation of special funds segregating the proceeds of any loans or grants, the revenue of any project or projects, reserves for principal and interest on its bonds and for operating contingencies and other reserves; and covenant as to the use and disposal of the moneys held in the funds;

(12) Redeem the bonds and covenant for their redemption and provide the terms and conditions thereof;

(13) Covenant against extending the time for the payment of its bonds or interest thereon;

(14) Prescribe the procedure, if any, by which the terms of any contract with bondholders may be amended or abrogated, the amount of bonds the holders of which must consent thereto and the manner in which the consent may be given;

(15) Covenant as to the maintenance of its property acquired or held for use in connection with development projects under this chapter, and replacement thereof, the insurance to be carried thereon, and the use and disposition of insurance moneys;

(16) Vest in an obligee, in the event of a default by the board, the right to cure any such default and to advance any moneys necessary for the purpose and covenant that the moneys so advanced be an additional obligation of the board with such interest, security, and priority as may be provided in any lease or contract;

(17) Covenant and prescribe as to the events of default and terms and conditions upon which any or all of its bonds shall become or may be declared due before maturity and as to the terms and conditions upon which such declaration and its consequences may be waived;

(18) Covenant as to the rights, liabilities, powers, and duties arising upon the breach by it of any covenant, condition, or obligation;

(19) Covenant to surrender possession of a project or projects or parts thereof upon the happening of an event of default; and vest in any obligee the right, upon a default and without judicial proceedings, to take possession and use, operate, manage, and control the projects or any parts thereof and to collect and receive revenues arising therefrom in the same manner as the board itself might do and to dispose of the moneys collected in accordance with the agreement of the obligee with the board;

(20) Vest in a trustee the right to enforce any covenant to secure, or pay the bonds, or otherwise relating to the bonds; provide for the powers and duties of the trustee, limit the liabilities thereof, and provide the terms and conditions upon which the trustee or the holders of bonds, or any proportion of them may enforce any such covenant;

(21) Make covenants other than, and in addition to, the covenants herein expressly authorized, of like or different character; and execute all instruments necessary or convenient in the exercise of the powers herein granted, or in the performance of its covenants or duties, which may contain such covenants and provisions, in addition to those above specified, as the government or any purchaser of the bonds of the board may require;

(22) Make such covenants and do any and all such acts and things as may be necessary, convenient, or desirable to secure its bonds, or, in the absolute discretion of the board, tend to make the bonds more marketable, notwithstanding that such covenants, acts or things may not be enumerated herein. [L 1961, c 6, §28; Supp, §98J-28; HRS §206-30]
Haw. Rev. Stat. § 206J-20 — HI Code / Division 1 / Title 13 / Chapter 206J / Section 206J-20
Court proceedings; preference.
Status: in_force

Any action or proceeding to which the development corporation, the State, or a county may be a party, in which any question arises as to the validity of this chapter, shall be preferred over all other civil causes, except election cases, without respect to position on the calendar. The same preference shall be given upon application of counsel to the development corporation in any action or proceeding questioning the validity of this chapter in which the development corporation has duly intervened.
Haw. Rev. Stat. § 201B-7 — HI Code / Division 1 / Title 13 / Chapter 201B / Section 201B-7
Tourism-related activities.
Status: in_force

(a) The authority may enter into contracts and agreements that include the following:

(1) Tourism promotion, marketing, development, and destination management;

(2) Market development-related research;

(3) Product development and diversification issues focused on visitors;

(4) Promotion, development, and coordination of festivals, community events, cultural activities, environmental stewardship activities, sports-related activities, and events that strengthen the relationships between the place and people for Hawaii's residents and visitors alike;

(5) Promotion of Hawaii, through a coordinated statewide effort, as a place to do business, including high technology business, and as a business destination;

(6) Reduction of barriers to travel;

(7) Marketing, management, use, operation, or maintenance of the convention center facility, including the purchase or sale of goods or services, logo items, concessions, sponsorships, and license agreements, or any use of the convention center facility as a commercial enterprise; provided that effective January 1, 2020, and thereafter, contracts issued pursuant to this paragraph for the marketing of all uses of the convention center facility may be issued separately from the management, use, operation, or maintenance of the facility;

(8) Tourism research and statistics to:

(A) Measure and analyze tourism trends;

(B) Provide information and research to assist in the development and implementation of state tourism policy; and

(C) Provide tourism information on:

(i) Visitor arrivals, visitor characteristics, and expenditures;

(ii) The number of transient accommodation units available, occupancy rates, and room rates;

(iii) Airline-related data including seat capacity and number of flights;

(iv) The economic, social, and physical impacts of tourism on the State; and

(v) The effects of the strategic tourism management programs of the authority on the measures of effectiveness developed pursuant to section 201B-6(b); and

(9) Any and all other activities necessary to carry out the intent of this chapter;

provided that the authority shall periodically submit a report of the contracts and agreements entered into by the authority to the governor, speaker of the house of representatives, and president of the senate.

(b) The authority shall be responsible for:

(1) Creating a vision and developing a long-range strategic plan for tourism in Hawaii;

(2) Developing destination management action plans for each county;

(3) Promoting, marketing, and developing the tourism industry in the State;

(4) Arranging for the conduct of research through contractual services with the University of Hawaii or any agency or other qualified persons concerning social, economic, and environmental aspects of tourism development in the State;

(5) Providing technical or other assistance to agencies and private industry upon request; and

(6) Reviewing annually the expenditure of public funds by any visitor industry organization that contracts with the authority to perform tourism promotion, marketing, and development and making recommendations necessary to ensure the effective use of the funds for the development of tourism.

(c) The authority may delegate to staff the responsibility for soliciting, awarding, and executing contracts and for monitoring and facilitating any and all functions developed in accordance with this section.

(d) Where public disclosure of information gathered or developed by the authority may place a business at a competitive disadvantage or may impair or frustrate the authority's ability to either compete as a visitor destination or obtain or utilize information for a legitimate government function, the authority may withhold from public disclosure competitively sensitive information including:

(1) Completed survey forms and questionnaire forms;

(2) Coding sheets; and

(3) Database records of the information. [L 1998, c 156, pt of §2; am L 2000, c 297, §20; am L 2002, c 143, §4 and c 253, §8; am L Sp 2009, c 5, §7; am L 2010, c 102, §4; am L 2014, c 131, §3; am L 2019, c 26, §1; am L 2024, c 225, §5]
Haw. Rev. Stat. § 219-9 — HI Code / Division 1 / Title 13 / Chapter 219 / Section 219-9
Direct loans.
Status: in_force

(a) The department of agriculture and biosecurity may make loans directly to qualified aquaculturists who are unable to obtain sufficient funds at reasonable rates from private lenders either independently or under section 219-7 or 219-8. Loans made under this section shall be authorized only if loans cannot be obtained from the relevant farm credit lender and two other private lenders.

(b) Loans made under this section shall be limited by section 219-6.

(c) Loans made under this section shall bear simple interest on the unpaid principal balance, charged on the actual amount disbursed. The interest rate for class "A", class "B", class "C", and class "H" loans shall be set by rule, pursuant to chapter 91.

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

(e) For purposes of this section, "financial institution" means any organization authorized to do business under state or federal laws relating to financial institutions, including without limitation, banks, savings banks, savings and loan companies or associations, financial services loan companies, and credit unions. [L 1995, c 76, §1; am L 1998, c 118, §8; am L 2008, c 209, §6 ; am L 2025, c 236, §17]
Haw. Rev. Stat. § 209-5 — HI Code / Division 1 / Title 13 / Chapter 209 / Section 209-5
Duties of coordinator.
Status: in_force

The rehabilitation coordinator shall:

(1) Provide for the official contact between the State and persons affected by the state disaster;

(2) Make available to persons affected by the state disaster information on all state rehabilitation programs;

(3) Aid all persons affected by the state disaster in securing assistance available under this chapter;

(4) Inform persons affected by the state disaster of assistance available from sources other than the State, and assist the victims in obtaining any assistance;

(5) Keep lists of persons affected by the state disaster, all assistance received by the victims from the State and, to the extent that the information is available, assistance from other sources;

(6) Advise the governor as to the administration and effectiveness of the various programs;

(7) Establish a temporary office on the island affected by the state disaster if necessary, and where more than one island is affected, establish such offices as the governor may direct; and

(8) File an annual report with the governor and the legislature describing the organization, activities, expenditures, and assistance granted pursuant to this chapter and making recommendations to increase the effectiveness of this chapter at least twenty days before the convening of the regular session of the legislature. [L 1961, c 189, §6; Supp, §98P-6; HRS §209-5; am L 1976, c 205, §1(1); am L 1979, c 105, §20; am L 1993, c 333, §2]
Haw. Rev. Stat. § 205A-44 — HI Code / Division 1 / Title 13 / Chapter 205A / Section 205A-44
Prohibitions.
Status: in_force

(a) The mining or taking of sand, dead coral or coral rubble, rocks, soil, or other beach or marine deposits from the shoreline area is prohibited with the following exceptions:

(1) The inadvertent taking from the shoreline area of the materials, such as those inadvertently carried away on the body, and on clothes, toys, recreational equipment, and bags;

(2) Where the mining or taking is authorized by a variance pursuant to this part;

(3) The clearing of these materials from existing drainage pipes and canals and from the mouths of streams including clearing for the purposes under section 46-11.5; provided that the sand removed shall be placed on adjacent areas unless the placement would result in significant turbidity;

(4) The cleaning of the shoreline area for state or county maintenance purposes, including the clearing for purposes under section 46-12; provided that the sand removed shall be placed on adjacent areas unless the placement would result in significant turbidity;

(5) The taking of driftwood, shells, beach glass, glass floats, or seaweed;

(6) The exercise of traditional cultural practices as authorized by law or as permitted by the department pursuant to article XII, section 7, of the Hawaii State Constitution; or

(7) For the response to a public emergency or a state or local disaster.

(b) Except as provided in this section, structures are prohibited in the shoreline area without a variance pursuant to this part. Structures in the shoreline area shall not need a variance if:

(1) They were completed prior to June 22, 1970;

(2) They received either a building permit, board approval, or shoreline setback variance prior to June 16, 1989;

(3) They are outside the shoreline area when they receive either a building permit or board approval;

(4) They are necessary for or ancillary to continuation of existing agriculture or aquaculture in the shoreline area on June 16, 1989;

(5) They are minor structures permitted under rules adopted by the department which do not affect beach processes or artificially fix the shoreline and do not interfere with public access or public views to and along the shoreline; or

(6) Work being done consists of maintenance, repair, and minor additions or alterations of legal boating, maritime, or watersports recreational facilities, which are publicly owned, and which result in little or no interference with natural shoreline processes;

provided that permitted structures may be repaired, but shall not be enlarged, rebuilt, or replaced within the shoreline area without a variance. [L 1986, c 258, pt of §1; am L 1988, c 375, §1; am L 1989, c 356, §12; am L 2013, c 120, §2; am L 2020, c 16, §10]

Revision Note

"June 16, 1989" substituted for "the effective date of this Act" and "the effective date of this section" pursuant to § 23G-15.
Haw. Rev. Stat. § 205-49 — HI Code / Division 1 / Title 13 / Chapter 205 / Section 205-49
Designation of important agricultural lands; adoption of important agricultural lands maps.
Status: in_force

(a) After receipt of the maps of eligible important agricultural lands from the counties and the recommendations of the department of agriculture and biosecurity and the office of planning and sustainable development, the commission shall then proceed to identify and designate important agricultural lands, subject to section 205-45. The decision shall consider the county maps of eligible important agricultural lands; declaratory orders issued by the commission designating important agricultural lands during the three year period following the enactment of legislation establishing incentives and protections contemplated under section 205-46, as provided in section 9 of Act 183, Session Laws of Hawaii 2005; landowner position statements and representations; and any other relevant information.

In designating important agricultural lands in the State, pursuant to the recommendations of individual counties, the commission shall consider the extent to which:

(1) The proposed lands meet the standards and criteria under section 205-44;

(2) The proposed designation is necessary to meet the objectives and policies for important agricultural lands in sections 205-42 and 205-43; and

(3) The commission has designated lands as important agricultural lands, pursuant to section 205-45; provided that if the majority of landowners' landholdings is already designated as important agricultural lands, excluding lands held in the conservation district, pursuant to section 205-45 or any other provision of this part, the commission shall not designate any additional lands of that landowner as important agricultural lands except by a petition pursuant to section 205-45.

Any decision regarding the designation of lands as important agricultural lands and the adoption of maps of those lands pursuant to this section shall be based upon written findings of fact and conclusions of law, presented in at least one public hearing conducted in the county where the land is located in accordance with chapter 91, that the subject lands meet the standards and criteria set forth in section 205-44 and shall be approved by two-thirds of the membership to which the commission is entitled.

(b) Copies of the maps of important agricultural lands adopted under this section shall be transmitted to each county planning department and county council, the department of agriculture and biosecurity, the agribusiness development corporation, the office of planning and sustainable development, and other state agencies involved in land use matters. The maps of important agricultural lands shall guide all decision-making on the proposed reclassification or rezoning of important agricultural lands, state agricultural development programs, and other state and county land use planning and decision-making.

(c) The land use commission shall have the sole authority to interpret the adopted map boundaries delineating the important agricultural lands.

(d) The land use commission may designate lands as important agricultural lands and adopt maps for a designation pursuant to:

(1) A farmer or landowner petition for declaratory ruling under section 205-45 at any time; or

(2) The county process for identifying and recommending lands for important agricultural lands under section 205-47 no sooner than three years,

after the enactment of legislation establishing incentives and protections contemplated under section 205-46, as provided in section 9 of Act 183, Session Laws of Hawaii 2005. [L 2005, c 183, pt of §2; am L 2021, c 153, §8 ; am L 2025, c 236, §17]
Haw. Rev. Stat. § 219-1 — HI Code / Division 1 / Title 13 / Chapter 219 / Section 219-1
Findings and purpose.
Status: in_force

The legislature finds that:

(1) Aquaculture is a potentially viable industry for the State.

(2) Conventional financial institutions traditionally do not provide loans in the initiating stages for the establishment of new industries.

(3) No present state agency or program has the authority to financially assist an enterprise engaged in aquaculture.

(4) The State should initiate a loan program to assist aquaculture and the techniques of aquaculture as a new industry.

The purpose of this chapter is to establish a loan program to financially assist in the development of aquaculture in the State. [L 1971, c 181, pt of §1; ree L 1977, c 212, pt of §2]
Haw. Rev. Stat. § 206M-71 — HI Code / Division 1 / Title 13 / Chapter 206M / Section 206M-71
[ §206M-71] Limitation on liability.
Status: in_force

[ §206M-71] Limitation on liability. Chapters 661 and 662 or any other law to the contrary notwithstanding, nothing in this part shall create an obligation, debt, claim, cause of action, claim for relief, charge, or any other liability of any kind whatsoever in favor of any person or entity, without regard to whether that person or entity receives any benefits under this part, against the State or its officers and employees. The State and its officers and employees shall not be liable for the results of any investment, purchase of securities, loan, or other assistance provided pursuant to this part. Nothing in this part shall be construed as authorizing any claim against the development corporation in excess of any note, loan, or other specific indebtedness incurred by the development corporation or in excess of any insurance policy acquired for the development corporation or its employees.
Haw. Rev. Stat. § 209-32 — HI Code / Division 1 / Title 13 / Chapter 209 / Section 209-32
Conditions of loans.
Status: in_force

Every applicant who is granted a loan under the provisions of this part shall:

(1) Expend the loan funds only for those purposes authorized by the director of business, economic development, and tourism;

(2) Agree not to sell or otherwise dispose of mortgaged or pledged property except on written consent of the director, and except upon such conditions as the director may prescribe in writing;

(3) Undertake to pay, when due, all taxes, liens, judgments, or assessments which may be lawfully assessed against the property mortgaged, together with the costs and expenses of any foreclosure of the mortgage; and

(4) Keep insured to the satisfaction of the director all buildings and other insurable property covered by any mortgage. [L 1961, c 189, §18; Supp, §98P-18; HRS §209-32; ree L 1976, c 205, §1(2); am L 1987, c 336, §7; am L 1990, c 293, §8]
Haw. Rev. Stat. § 210D-10 — HI Code / Division 1 / Title 13 / Chapter 210D / Section 210D-10
Terms of loans.
Status: in_force

Loans shall be made to qualified applicants with the following terms and conditions:

(1) The amount of the outstanding balance on all loans issued under this chapter to any one applicant at any one time shall not exceed $250,000;

(2) The maximum term of a loan shall not exceed ten years;

(3) Each loan shall bear simple interest at a rate of not less than three and not more than ten per cent a year, depending on the nature of the loan; and

(4) The commencement date for the repayment of the first installment on principal and interest of each loan may be deferred by the director of business, economic development, and tourism for a period not to exceed two years. [L 1990, c 111, pt of §2; am L 1996, c 192, §10; am L 2009, c 124, §7; am L 2024, c 68, §1]
Haw. Rev. Stat. § 206M-79 — HI Code / Division 1 / Title 13 / Chapter 206M / Section 206M-79
[ §206M-79] Purposes and terms of investments.
Status: in_force

[ §206M-79] Purposes and terms of investments. (a) Investments may be used for any purpose consistent with the purposes and objectives of this part.

(b) Investments may be made on such terms and conditions as the development corporation shall determine to be reasonable, appropriate, and consistent with the purposes and objectives of this part. [L 2019, c 56, pt of §2]
Haw. Rev. Stat. § 201H-5 — HI Code / Division 1 / Title 13 / Chapter 201H / Section 201H-5
Fair housing law to apply.
Status: in_force

Notwithstanding any law to the contrary, the provisions of chapter 515 shall apply in administering this chapter.
Haw. Rev. Stat. § 206M-13 — HI Code / Division 1 / Title 13 / Chapter 206M / Section 206M-13
Special purpose revenue bonds as legal investments and lawful security.
Status: in_force

The special purpose revenue 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, credit unions, fiduciaries, trustees, guardians, and for all public funds of the State or other political corporations or subdivisions of the State. The special purpose revenue 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 the bonds shall be lawful and sufficient security for the deposits to the extent of their value when accompanied by all unmatured coupons, if any, appertaining thereto.
Haw. Rev. Stat. § 205A-64 — HI Code / Division 1 / Title 13 / Chapter 205A / Section 205A-64
Public participation.
Status: in_force

The lead agency and the public advisory body shall involve citizens and interested groups and organizations in the updating and implementation of the plan.
Haw. Rev. Stat. § 201-7 — HI Code / Division 1 / Title 13 / Chapter 201 / Section 201-7
Advisory committees.
Status: in_force

The department of business, economic development, and tourism may appoint advisory committees as it deems advisable for the purpose of obtaining expert and specialized counsel and advice on specific matters under consideration by the department and may include as members of the committees officers and employees of any government department or agency. The department may assign its own staff to aid and assist the advisory committees and may reimburse any member of any committee for necessary expenses incurred in the performance of the member's work for the department.
Haw. Rev. Stat. § 201H-88 — HI Code / Division 1 / Title 13 / Chapter 201H / Section 201H-88
[ §201H-88] Authorization to secure lines of credit or other instruments of indebtedness.
Status: in_force

[ §201H-88] Authorization to secure lines of credit or other instruments of indebtedness. The corporation, subject to legislative approval, may secure a line of credit or other instrument of indebtedness to be used to meet the requirements of federal tax law for the bond volume cap recycling program; provided that the term of the authorized line of credit or other instrument of indebtedness shall correspond to each fiscal biennium budget period.
Haw. Rev. Stat. § 206M-20 — HI Code / Division 1 / Title 13 / Chapter 206M / Section 206M-20
Construction of this chapter.
Status: in_force

The powers conferred by this chapter shall be in addition and supplemental to other powers conferred by any other law. This chapter shall constitute and be enabling legislation for the development corporation, as an agency and instrumentality of the State, to issue special purpose revenue bonds in accordance with the provisions of the Constitution of the State of Hawaii and this chapter. Insofar as the provisions of this chapter are inconsistent with the provisions of any other law, this chapter shall be controlling.
Haw. Rev. Stat. § 206M-3 — HI Code / Division 1 / Title 13 / Chapter 206M / Section 206M-3
Powers, generally.
Status: in_force

(a) The development corporation shall have all the powers necessary to carry out its purposes, including the powers to:

(1) Sue and be sued;

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

(3) Make and execute, enter into, amend, supplement, and carry out contracts and all other instruments necessary or convenient for the exercise of its powers and functions under this chapter, including, with the approval of the governor, a project agreement, or an amendment or supplement to an existing project agreement, with a qualified person, and to enter into and carry out any agreement whereby the obligations of a qualified person under a project agreement shall be unconditionally guaranteed or insured by, or the performance thereof assigned to, or guaranteed or insured by, a person or persons other than the qualified person; and extend or renew any project agreement or any other agreement related thereto; provided that any such renewal or extension shall be subject to the approval of the governor unless made in accordance with provisions for the extension or renewal contained in a project agreement or related agreement theretofore approved by the governor;

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

(5) Adopt rules under chapter 91 necessary to effectuate this chapter in connection with economic zones, projects, multi-project programs, and the operations, properties, and facilities of the corporation;

(6) Through its chief executive officer, appoint officers, agents, consultants, advisors, and employees, prescribe their duties and qualifications, and fix their salaries, without regard to chapter 76;

(7) Prepare or cause to be prepared development plans for economic zones;

(8) Acquire, own, lease, hold, clear, improve, and rehabilitate real, personal, or mixed property and assign, exchange, transfer, convey, lease, sublease, or encumber any project, including by way of easements;

(9) Acquire, construct, improve, install, equip, or develop or provide for the acquisition, construction, improvement, installation, equipping, or development of any project and designate a qualified person as its agent for such purpose;

(10) Own, hold, assign, transfer, convey, exchange, lease, sublease, or encumber any project;

(11) Arrange or initiate appropriate action for the planning, replanning, opening, grading, or closing of streets, roads, roadways, alleys, easements, or other places, the furnishing of improvements, the acquisition of property or property rights, or the furnishing of property or services in connection with an economic zone or project;

(12) Prepare, or cause to be prepared, plans, specifications, designs, and estimates of cost for the acquisition, construction, reconstruction, improvement, installation, equipping, development, or maintenance of any project or economic zone, and from time to time modify the plans, specifications, designs, or estimates;

(13) Engage the services of consultants on a contractual basis for rendering professional and technical assistance and advice;

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

(15) Issue special purpose revenue bonds and refunding special purpose revenue bonds pursuant to and in accordance with this chapter in principal amounts as may be authorized from time to time by law to finance or refinance the cost of a project, singly or as part of a multi-project program, or an economic zone as authorized by law and provide for the security thereof as permitted by this chapter;

(16) Lend or otherwise apply the proceeds of the bonds issued for a project or an economic zone either directly or through a trustee to a qualified person for use and application by the qualified person in the acquisition, construction, improvement, installation, equipping, or development of a project or economic zone, or agree with the qualified person whereby any of these activities shall be undertaken or supervised by that qualified person or by a person designated by the qualified person;

(17) As security for the payment of the principal of, premium, if any, and interest of the special purpose revenue bonds issued for a project to:

(A) Pledge, assign, hypothecate, or otherwise encumber all or any part of the revenues and receipts derived or to be derived by the development corporation under the project agreement for the project for which the bonds are issued;

(B) Pledge and assign the interest and rights of the development corporation under the project agreement or other agreement with respect to the project or the special purpose revenue bonds;

(C) Pledge and assign any bond, debenture, note, or other evidence of indebtedness received by the development corporation with respect to the project; or

(D) Any combination of the foregoing;

(18) With or without terminating a project agreement, exercise any and all rights provided by law for entry and reentry upon or take possession of a project at any time or from time to time upon breach or default by a qualified person under a project agreement, including any action at law or in equity for the purpose of effecting its rights of entry or reentry or obtaining possession of the project or for the payments of rentals, user taxes, or charges, or any other sum due and payable by the qualified person to the development corporation pursuant to the project agreement;

(19) Enter into arrangements with qualified county development entities whereby the board would provide financial support to qualified projects proposed;

(20) Create an environment in which to support technology economic development, including but not limited to:

(A) Supporting all aspects of technology-based economic development;

(B) Developing instructive programs, identifying issues and impediments to the growth of technology industry in Hawaii; and

(C) Providing policy analysis and information important to the development of technology industries in Hawaii;

(21) Develop programs that support start-up and existing technology companies in Hawaii and attract new companies to relocate to or establish operations in Hawaii by assessing the needs of these companies and providing the physical and technical infrastructure to support their operations;

(22) Coordinate its efforts with other public and private agencies involved in stimulating technology-based economic development in Hawaii, including but not limited to:

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

(B) The Pacific international center for high technology research;

(C) The office of technology transfer and economic development of the University of Hawaii; and

(D) The state energy office;

(23) Promote and market Hawaii as a site for commercial technology activity, including the expenditure of funds for protocol purposes at the discretion of the board;

(24) Provide advice on policy and planning for technology-based economic development;

(25) Finance, conduct, or cooperate in financing or conducting technological, business, financial, or other investigations that are related to or likely to lead to business, technology, and economic development by making and entering into contracts and other appropriate arrangements, including the provision of loans, start-up and expansion capital, loan guaranty, loans convertible to equity, equity charged and received by the corporation, and other forms of assistance;

(26) Solicit, study, and assist in the preparation of business plans and proposals of new or established businesses;

(27) Provide advice, technical and marketing assistance, support, and promotion to enterprises in which investments have been made;

(28) Acquire, hold, and sell qualified securities;

(29) Consent, subject to the provisions of any contract with noteholders or bondholders, whenever the corporation deems it necessary or desirable in the fulfillment of the purposes of this chapter, to the modification, with respect to rate of interest, time of payment of any installment of principal or interest, or any other terms, of any contract or agreement of any kind to which the corporation is a party;

(30) Invest any funds held in reserves or sinking funds, or any funds not required for immediate disbursement, in such investments as may be lawful for fiduciaries in the State;

(31) Coordinate the development corporation's programs with any education and training program;

(32) Carry out specialized programs designed to encourage the development of new products, businesses, and markets;

(33) Prepare, publish, and distribute such technical studies, reports, bulletins, and other materials as it deems appropriate, subject only to the maintenance and respect for confidentiality of client proprietary information;

(34) Organize, conduct, sponsor, or cooperate in and assist in the conduct of conferences, demonstrations, and studies relating to the stimulation and formation of businesses;

(35) Provide and pay for such advisory services and technical, managerial, and marketing assistance, support, and promotion as may be necessary or desirable to carry out the purposes of this chapter;

(36) Accept donations, grants, bequests, and devises of money, property, service, or other things of value that may be received from the United States or any agency thereof, any governmental agency, or any public or private institution, person, firm, or corporation, to be held, used, or applied for any or all of the purposes specified in this chapter. Receipt of each donation or grant shall be detailed in the annual report of the development corporation. The report shall include the identity of the donor or lender, the nature of the transaction, and any conditions attaching thereto;

(37) Acquire real property, or an interest therein, by purchase or foreclosure, where that acquisition is necessary or appropriate to protect or secure any investment or loan in which the development corporation has an interest; sell, transfer, and convey the property to a buyer and if the sale, transfer, or conveyance cannot be effected with reasonable promptness or at a reasonable price, to lease the property to a tenant;

(38) Acquire, own, hold, dispose of, and encumber personal property of any nature, or any interest therein;

(39) Enter into agreements or other transactions with any federal, state, or county agency;

(40) Appear on its own behalf before state, county, or federal agencies;

(41) Appoint advisory committees as deemed necessary;

(42) Exercise any other powers of a corporation organized under the laws of the State; and

(43) Do any and all things necessary or convenient to carry out its purposes and exercise the powers given and granted in this chapter.

(b) The corporation shall be exempt from chapter 102. [L 1983, c 152, pt of §2; am L 1989, c 274, §3; am L 1991, c 288, §2; am L 2000, c 72, §7, c 253, §150, and c 297, §27; am L 2004, c 216, §27; am L 2017, c 69, §5; am L 2019, c 56, §8; am L 2022, c 55, §2]

Revision Note

Paragraphs (12) and (16) to (32) redesignated pursuant to §23G‑15.
Haw. Rev. Stat. § 219-5 — HI Code / Division 1 / Title 13 / Chapter 219 / Section 219-5
Powers; rules.
Status: in_force

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

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

(2) Establish preferences and priorities in determining eligibility for loans and loan repayment requirements;

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

(4) Provide for inspection at reasonable hours of the plant facilities, books, and records of an enterprise that has applied for or has been granted a loan and require the submission of progress and final reports;

(5) Make loans for aquacultural products development, such as financing of plant construction, conversion, expansion, the acquisition of land for expansion, the acquisition of equipment, machinery, supplies, or materials or for the supplying of working capital, consistent with section 219-6;

(6) Secure loans by duly recorded first mortgages upon the following property within the State:

(A) Fee simple farm land;

(B) Leaseholds of farm land where the lease has an unexpired term at least two years longer than the term of the loan;

(C) Aquaculture products;

(D) Other chattels;

(E) A second mortgage when any prior mortgage does not contain provisions that might jeopardize the security position of the department or the borrower's ability to repay; and

(F) Written agreements, such as assignments of income;

(7) Administer the Hawaii aquaculture loan revolving fund and deposit into the fund all moneys received on account of principal;

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

(9) Insure loans made to qualified aquaculturists by private lenders under sections 219-7 and 219-8; provided that at no time shall the aggregate amount of the State's liability, contingent or otherwise, on these loans exceed $1,000,000;

(10) Participate in loans made to qualified aquaculturists by private lenders under section 219-8;

(11) Make direct loans to qualified aquaculturists as provided under section 219-9;

(12) Establish interest rates chargeable by the State for direct loans and by private lenders for insured and participation loans; and

(13) Maintain a proper reserve in the aquaculture loan revolving fund to guarantee payment of loans insured under sections 219-7 and 219-8.

(b) The chairperson may approve loans, where the requested amount, plus any principal balance on existing loans to the applicant, does not exceed $50,000 of state funds.

(c) The department shall adopt rules pursuant to chapter 91 to effectuate this section. [L 1971, c 181, pt of §1; am L 1977, c 212, pt of §2; am L 1978, c 88, §2; am L 1979, c 137, §2; am L 1995, c 76, §2; am L 1997, c 159, §2; am L 2002, c 16, §8(1); am L 2021, c 136, §2]
Haw. Rev. Stat. § 209E-7 — HI Code / Division 1 / Title 13 / Chapter 209E / Section 209E-7
Government assistance; prohibition.
Status: in_force

There shall be no duplication of existing state tax incentives to qualified business firms which locate in an enterprise zone.
Haw. Rev. Stat. § 205A-42 — HI Code / Division 1 / Title 13 / Chapter 205A / Section 205A-42
Determination of the shoreline.
Status: in_force

(a) The board of land and natural resources shall adopt rules pursuant to chapter 91 prescribing procedures for determining a shoreline and appeals of shoreline determinations that are consistent with subsection (b); provided that no determination of a shoreline shall be valid for a period longer than twelve months, except where the shoreline is fixed by artificial structures that have been approved by appropriate government agencies and for which engineering drawings exist to locate the interface between the shoreline and the structure.

(b) The chairperson of the board of land and natural resources shall cause a public notice to be published in the periodic bulletin published by the office of planning and sustainable development. All comments to the application for shoreline certification shall be submitted in writing to the state land surveyor no later than fifteen calendar days from the date of the public notice of the application. Notice of application for certification shall be identified by tax map key number, and where applicable, street address and nearest town. [L 1986, c 258, pt of §1; gen ch 1993; am L 1995, c 102, §1;am L 2021, c 152, §16 and c 153, §9]
Haw. Rev. Stat. § 206E-122 — HI Code / Division 1 / Title 13 / Chapter 206E / Section 206E-122
Loans; insurance and guarantees.
Status: in_force

The authority may procure insurance or guarantees against any default of its loans, in amounts and from insurers or guarantors, as it deems necessary or desirable.
Haw. Rev. Stat. § 209E-13 — HI Code / Division 1 / Title 13 / Chapter 209E / Section 209E-13
Termination of enterprise zone.
Status: in_force

Upon designation of an area as an enterprise zone, the proposals for regulatory flexibility, tax incentives, and other public incentives specified in this chapter shall be binding upon the county governing body to the extent and for the period of time specified in the application for zone designation. If the county governing body is unable or unwilling to provide any of the incentives set forth in section 209E-12 or other incentives acceptable to the department, the enterprise zone shall terminate. Qualified businesses located in the enterprise zone shall be eligible to receive the state tax incentives provided by this chapter even though the zone designation has terminated. No business may become a qualified business after the date of zone termination. The county governing body may amend its application with the approval of the department; provided the county governing body proposes an incentive equal to or superior to the unamended application.
Haw. Rev. Stat. § 206E-113 — HI Code / Division 1 / Title 13 / Chapter 206E / Section 206E-113
Reserved housing loan programs; fees.
Status: reserved

The authority may establish, revise, charge, and collect fees, premiums, and charges as necessary, reasonable, or convenient, for its reserved housing loan programs.

The fees, premiums, and charges shall be deposited into the reserved housing loan program revenue bond special fund established for the particular reserved housing loan program or part thereof from which the fees, premiums and charges are derived as determined by the authority. [L 1982, c 228, pt of §8]
Haw. Rev. Stat. § 226-58 — HI Code / Division 1 / Title 13 / Chapter 226 / Section 226-58
County general plans.
Status: in_force

(a) The county general plans and development plans shall be formulated with input from the state and county agencies as well as the general public.

County general plans or development plans shall indicate desired population and physical development patterns for each county and regions within each county. In addition, county general plans or development plans shall address the unique problems and needs of each county and regions within each county. The county general plans or development plans shall further define applicable provisions of this chapter; provided that any amendment to the county general plan of each county shall not be contrary to the county charter. The formulation, amendment, and implementation of county general plans or development plans shall take into consideration statewide objectives, policies, and programs stipulated in state functional plans approved in consonance with this chapter.

(b) County general plans shall be formulated on the basis of sound rationale, data, analyses, and input from state and county agencies and the general public, and contain objectives and policies as required by the charter of each county. Further, the county general plans should:

(1) Contain objectives to be achieved and policies to be pursued with respect to population density, land use, transportation system location, public and community facility locations, water and sewage system locations, visitor destinations, urban design, and all other matters necessary for the coordinated development of the county and regions within the county; and

(2) Contain implementation priorities and actions to carry out policies to include but not be limited to land use maps, programs, projects, regulatory measures, standards and principles, and interagency coordination provisions. [L 1978, c 100, pt of §2; am L 1984, c 236, §11; §226-61; ren and am L 1987, c 336, §4(11); §226-60; ren and am L 1991, c 76, pt of §1]
Haw. Rev. Stat. § 214-2 — HI Code / Division 1 / Title 13 / Chapter 214 / Section 214-2
Funds, allotment, and expenditure.
Status: in_force

Money allotted under this chapter by the State shall be available to the several counties; provided that no part of state or county moneys shall be expended for capital improvement projects that are not a part of the general plan of the State or that will not reasonably contribute to the economic development of the county. The determination of:

(1) The extent of participation by the State; and

(2) What capital improvement projects shall reasonably contribute to the economic development of a county,

shall be made by the governor, taking into consideration the State's goal for specific segments of its general plan and the financial position of the county. [L 1965, c 234, §3; Supp, §138F-3; HRS §214-2; am L 1973, c 210, §2; am L 2017, c 12, §29]
Haw. Rev. Stat. § 206E-4 — HI Code / Division 1 / Title 13 / Chapter 206E / Section 206E-4
Powers; generally.
Status: reserved

Except as otherwise limited by this chapter, the authority may:

(1) Sue and be sued;

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

(3) Make and execute contracts and all other instruments necessary or convenient for the exercise of its powers and functions under this chapter;

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

(5) Make rules with respect to its projects, operations, properties, and facilities, which rules shall be in conformance with chapter 91;

(6) Through its executive director appoint officers, agents, and employees, prescribe their duties and qualifications, and fix their salaries, without regard to chapter 76;

(7) Prepare or cause to be prepared a community development plan for all designated community development districts;

(8) Acquire, reacquire, or contract to acquire or reacquire by grant or purchase real, personal, or mixed property or any interest therein; to own, hold, clear, improve, and rehabilitate, and to sell, assign, exchange, transfer, convey, lease, or otherwise dispose of or encumber the same;

(9) Acquire or reacquire by condemnation real, personal, or mixed property or any interest therein for public facilities, including but not limited to streets, sidewalks, parks, schools, and other public improvements;

(10) By itself, or in partnership with qualified persons, acquire, reacquire, construct, reconstruct, rehabilitate, improve, alter, or repair or provide for the construction, reconstruction, improvement, alteration, or repair of any project; own, hold, sell, assign, transfer, convey, exchange, lease, or otherwise dispose of or encumber any project, and in the case of the sale of any project, accept a purchase money mortgage in connection therewith; and repurchase or otherwise acquire any project that the authority has theretofore sold or otherwise conveyed, transferred, or disposed of;

(11) Arrange or contract for the planning, replanning, opening, grading, or closing of streets, roads, roadways, alleys, or other places, or for the furnishing of facilities or for the acquisition of property or property rights or for the furnishing of property or services in connection with a project;

(12) Grant options to purchase any project or to renew any lease entered into by it in connection with any of its projects, on terms and conditions as it deems advisable;

(13) Prepare or cause to be prepared plans, specifications, designs, and estimates of costs for the construction, reconstruction, rehabilitation, improvement, alteration, or repair of any project, and from time to time to modify the plans, specifications, designs, or estimates;

(14) Provide advisory, consultative, training, and educational services, technical assistance, and advice to any person, partnership, or corporation, either public or private, to carry out the purposes of this chapter, and engage the services of consultants on a contractual basis for rendering professional and technical assistance and advice;

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

(16) Contract for and accept gifts or grants in any form from any public agency or from any other source;

(17) Do any and all things necessary to carry out its purposes and exercise the powers given and granted in this chapter; and

(18) Allow satisfaction of any affordable housing requirements imposed by the authority upon any proposed development project through the construction of reserved housing, as defined in section 206E-101, by a person on land located outside the geographic boundaries of the authority's jurisdiction; provided that the authority may permit cash payments in lieu of providing reserved housing. The substituted housing shall be located on the same island as the development project and shall be substantially equal in value to the required reserved housing units that were to be developed on site. The authority shall establish the following priority in the development of reserved housing:

(A) Within the community development district;

(B) Within areas immediately surrounding the community development district;

(C) Areas within the central urban core;

(D) In outlying areas within the same island as the development project.

The Hawaii community development authority shall adopt rules relating to the approval of reserved housing that are developed outside of a community development district. The rules shall include, but are not limited to, the establishment of guidelines to ensure compliance with the above priorities. [L 1976, c 153, pt of §1; am L 1990, c 86, §6; am L 1997, c 359, §3; am L 2000, c 253, §150; am L 2002, c 184, §4; am L 2009, c 18, §1; am L 2011, c 55, §2; am L 2013, c 38, §6; am L 2014, c 61, §4]
Haw. Rev. Stat. § 206M-15 — HI Code / Division 1 / Title 13 / Chapter 206M / Section 206M-15
Technology research and development loans and grants.
Status: in_force

(a) All moneys necessary to carry out the purposes of this section shall be allocated by the legislature through appropriations out of the state general fund. The development corporation shall include in its budgetary request for the upcoming fiscal period, the amounts necessary to effectuate the purposes of this section. All moneys, interest charges, and other fees collected by the development corporation under this section shall be deposited to the credit of the state general fund. In making any expenditure under this section, the development corporation shall analyze each funding request to determine whether the project to be undertaken will be economically viable and beneficial to the State.

(b) The development corporation may provide grants to any business in Hawaii that:

(1) Receives a federal small business innovation research phase I or II award or contract from any participating federal agency, up to fifty per cent of the amount of the federal award or contract;

(2) Receives a federal small business technology transfer program award or contract from any participating federal agency, up to fifty per cent of the amount of the federal award or contract;

(3) Receives a federal small business innovation research phase III or small business technology transfer program phase III award or contract, up to fifty per cent of the amount of the award or contract funded by private sector or government sources outside of the program; or

(4) Applies for a small business innovation research federal grant or a small business technology transfer program federal grant, in an amount not to exceed $3,000,

subject to the availability of funds.

(c) The development corporation shall adopt rules pursuant to chapter 91 that:

(1) Specify the qualifications for eligibility of grant applicants;

(2) Establish priorities in determining eligibility in the event that insufficient funds are available to fund otherwise qualified applicants; and

(3) Give preference to all qualified businesses receiving their first award in one fiscal year over multiple award grantees.

The development corporation may adopt any other rules pursuant to chapter 91 necessary for the purposes of this section. [L 1983, c 152, pt of §2; am L 1989, c 196, §3; am L 1991, c 85, §1; am L 1992, c 63, §1; am L 1993, c 280, §18; am L 2000, c 72, §19; am L 2006, c 282, §2; am L 2009, c 136, §1; am L 2015, c 216, §2; am L 2017, c 69, §5; am L 2018, c 68, §2]
Haw. Rev. Stat. § 205A-63 — HI Code / Division 1 / Title 13 / Chapter 205A / Section 205A-63
Agency duties to coordinate related programs.
Status: in_force

All agencies managing marine and coastal resources shall:

(1) Actively work toward the goals, objectives, and policies established by this chapter; and

(2) Coordinate the development of the state or county agency's programs with the plan. [L 1995, c 104, pt of §2]

Revision Note

In the lead language, comma after "resources" deleted pursuant to §23G-15.
Haw. Rev. Stat. § 201H-180 — HI Code / Division 1 / Title 13 / Chapter 201H / Section 201H-180
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-2 — HI Code / Division 1 / Title 13 / Chapter 206E / Section 206E-2
Definitions.
Status: reserved

As used in this chapter, the following terms have the following meanings, unless the context indicates a different meaning or intent:

"Authority" means the Hawaii community development authority established by section 206E-3.

"County" means any county of the State.

"Local governing body" means the county council.

"Project" means a specific work or improvement, including real and personal properties, or any interest therein, acquired, owned, constructed, reconstructed, rehabilitated, or improved by the authority, including a commercial project, a redevelopment project, or a residential project, all as defined as follows, or any combination thereof, which combination shall hereinafter be called and known as a "multipurpose project".

As used in this definition:

(1) "Commercial project" means an undertaking involving commercial or light industrial development, which includes a mixed-use development where commercial or light industrial facilities may be built into, adjacent to, under, or above residential units;

(2) "Redevelopment project" means an undertaking for the acquisition, clearance, replanning, reconstruction, and rehabilitation, or a combination of these and other methods, of an area for a residential project, for an incidental commercial project, and for other facilities incidental or appurtenant thereto, pursuant to and in accordance with this chapter. The terms "acquisition, clearance, replanning, reconstruction, and rehabilitation" shall include renewal, redevelopment, conservation, restoration, or improvement, or any combination thereof; and

(3) "Residential project" means a project or that portion of a multipurpose project, including residential dwelling units, designed and intended for the purpose of providing housing and any facilities as may be incidental or appurtenant thereto.

"Project cost" means the total of all costs incurred by the authority in carrying out all undertakings that it deems reasonable and necessary for the development of a project, including but not limited to: studies; surveys; plans; specifications; architectural, engineering, or any other development related services; acquisition of land and any improvement thereon; site preparation and development; construction; reconstruction; rehabilitation; the necessary expenses in administering the chapter; the cost of financing the project; and relocation costs.

"Public agency" means any office, department, board, commission, bureau, division, public corporation agency, or instrumentality of the federal, state, or county government.

"Public facilities" includes streets, utility and service corridors, and utility lines where applicable, sufficient to adequately service developable improvements in the district, sites for schools, parks, parking garage, sidewalks, pedestrian ways, and other community facilities. "Public facilities" shall also include public highways, as defined by statute, storm drainage systems, water systems, street lighting systems, off-street parking facilities, and sanitary sewerage systems.

"Qualified nonprofit housing trust" means a corporation, association, or other duly chartered organization that is registered and in good standing with the State; is recognized by the Internal Revenue Service as a charitable or otherwise tax-exempt organization under section 501(c)(3) of the Internal Revenue Code of 1986, as amended; and has the capacity and resources as determined by the authority to carry out the requirements of the reserved housing and workforce housing programs.

"Qualified person" includes any individual, partnership, corporation, or any public agency possessing the competence, expertise, experience, and resources, including financial, personnel, and tangible resources, required for the purposes of the project and other qualifications as may be deemed desirable by the authority in administering this chapter.

"Real property" means lands, structures, and interests in land, including lands under water and riparian rights, space rights, and air rights and any and all other things and rights usually included within the term. Real property also means any and all interests in the property less than full title, such as easements, incorporeal hereditaments, and every estate, interest, or right, legal or equitable, including terms for years and liens thereon by way of judgments, mortgages, or otherwise.

"Reserved housing" means housing designated for residents in the low-income or moderate-income ranges who meet such eligibility requirements as the authority may adopt by rule.

"Workforce housing" means new residential projects where at least seventy-five per cent of the residential units are set aside for purchase or rent for residents in the low-income or moderate-income ranges who meet such eligibility requirements as the authority may adopt by rules and that do not require financial assistance for design and construction from federal, state, or county government agencies. [L 1976, c 153, pt of §1; am L 1979, c 126, §1; am L 1982, c 228, §4; am L 1984, c 21, §1; am L 2017, c 12, §22 and c 159, §6]
Haw. Rev. Stat. § 201H-80 — HI Code / Division 1 / Title 13 / Chapter 201H / Section 201H-80
Housing finance revolving fund; bond revolving funds.
Status: in_force

(a) There is created a housing finance revolving fund to be administered by the corporation. Notwithstanding sections 36-21 and 201H-191, the proceeds in the fund shall be used for long-term and other special financings of the corporation and for the necessary expenses in administering this part.

(b) All moneys received and collected by the corporation, not otherwise pledged or obligated nor required by law to be placed in any other special or revolving fund, shall be deposited in the housing finance revolving fund.

(c) A separate revolving fund shall be established for each housing project or system of housing projects or loan program financed from the proceeds of bonds secured under the same trust indenture. Each fund shall be designated "housing project bond revolving fund" or "housing loan program revenue bond revolving fund", as appropriate, and shall bear any additional designation as the corporation deems appropriate to properly identify the fund.

(d) Notwithstanding any other law to the contrary, all revenues, income, and receipts derived from a housing project or system of projects or loan program financed from the proceeds of bonds or pledged to the payment of the principal of and interest and premium on bonds, shall be paid into the housing project bond revolving fund or housing loan program revenue bond revolving fund established for the housing project or system of projects or loan program and applied as provided in the proceedings authorizing the issuance of the bonds. [L 2006, c 180, pt of §4; am L 2015, c 237, §16]
Haw. Rev. Stat. § 201B-12 — HI Code / Division 1 / Title 13 / Chapter 201B / Section 201B-12
Exemption of authority from taxation.
Status: in_force

All revenues and receipts derived by the authority from any project or a project agreement or other agreement pertaining thereto shall be exempt from all state taxation. Any right, title, and interest of the authority in any project shall also be exempt from all state taxation. Except as otherwise provided by law, the interest of a qualified person or other user of a project or a project agreement or other agreements related to a project shall not be exempt from taxation to a greater extent than it would be if the costs of the project were directly financed by the qualified person or user.
Haw. Rev. Stat. § 206E-119 — HI Code / Division 1 / Title 13 / Chapter 206E / Section 206E-119
Eligible loan and eligible project loan funding program.
Status: in_force

(a) The authority may contract with mortgage lenders to fund eligible loans or eligible project loans.

(b) The contract may contain provisions as determined by the authority to be necessary or appropriate to provide security for its revenue bonds. [L 1982, c 228, pt of §8]
Haw. Rev. Stat. § 201H-125 — HI Code / Division 1 / Title 13 / Chapter 201H / Section 201H-125
Rental assistance program.
Status: in_force

(a) Prior to the execution of a rental assistance contract and annually thereafter, the owner shall submit a proposed rental schedule to the corporation for approval. The schedule shall list every rental unit in the project and shall designate which units are to be maintained for eligible tenants.

(b) The corporation shall establish procedures for evaluating the rental schedules submitted pursuant to this section, and may consider the following:

(1) The size of and number of bedrooms in the units comprising the eligible project;

(2) The location of the project and its type (whether high‑rise, mid-rise, or low-rise);

(3) The percentage of units being maintained for eligible tenants; and

(4) The rentals prevalent in the open market for comparable units.

(c) Annually, following the approval of the rental schedule submitted pursuant to subsection (a), the corporation shall determine the amount of rental assistance payments payable to the owner for the forthcoming year; provided that the amount shall not exceed the maximum annual rental assistance payment amount determined in accordance with section 201H-124. The amount determined pursuant to this subsection shall take into account the estimated amount to be derived by the owner from rentals to be charged for the forthcoming year and the limited rate of return on equity permitted in accordance with section 201H-124(d)(6).

(d) The corporation shall establish standards and requirements for:

(1) The awarding of rental assistance contracts and the allocation of annual rental assistance payments;

(2) The form of lease to be utilized by the owner in renting units in an eligible project;

(3) The marketing and tenant selection and admission processes to be employed by the owner with respect to an eligible project; and

(4) The maintenance and operation of eligible projects.

(e) The corporation shall establish procedures for:

(1) The annual review of rental schedules for eligible projects;

(2) The periodic review of the income of tenants renting units in eligible projects; and

(3) The periodic inspection of eligible projects to monitor the owners' compliance with the terms and conditions of their rental assistance contracts.

(f) When an eligible project is not owned by the corporation, the corporation shall be entitled to share in the appreciation in value of units maintained for eligible tenants within an eligible project realized at the time of refinancing or prepayment of the eligible project loan. The corporation's share shall be calculated by multiplying the appreciation in value of units maintained for eligible tenants realized upon refinancing or prepayment by the ratio of the owner's equity to the discounted value of the aggregate rental assistance payments. The discount rate shall be established by rules adopted by the corporation.

The corporation shall exempt projects owned by a county from the shared appreciation requirement set forth in this subsection if all of the following requirements are met:

(1) The funds derived by the county as a result of appreciation in value of the units are used for housing projects wherein:

(A) At least sixty per cent of the project is affordable to families earning one hundred per cent or below of the applicable area median income; and

(B) At least half of the foregoing sixty per cent is affordable to families earning eighty per cent or below of the applicable area median income; and

(2) The project from which the appreciation in value is derived remains as affordable as it was prior to the refinancing or prepayment of the eligible project loan. [L 2006, c 180, pt of §4]
Haw. Rev. Stat. § 205-45.5 — HI Code / Division 1 / Title 13 / Chapter 205 / Section 205-45.5
Important agricultural land; farm dwellings and employee housing.
Status: in_force

A landowner whose agricultural lands are designated as important agricultural lands may develop, construct, and maintain farm dwellings and employee housing for farmers, employees, and their immediate family members on these lands; provided that:

(1) The farm dwellings and employee housing units shall be used exclusively by farmers and their immediate family members who actively and currently farm on important agricultural land upon which the dwelling is situated; provided further that the immediate family members of a farmer may live in separate dwelling units situated on the same designated land;

(2) Employee housing units shall be used exclusively by employees and their immediate family members who actively and currently work on important agricultural land upon which the housing unit is situated; provided further that the immediate family members of the employee shall not live in separate housing units and shall live with the employee;

(3) The total land area upon which the farm dwellings and employee housing units and all appurtenances are situated shall not occupy more than five per cent of the total important agricultural land area controlled by the farmer or the employee's employer or fifty acres, whichever is less;

(4) The farm dwellings and employee housing units shall meet all applicable building code requirements;

(5) Notwithstanding section 205-4.5(a)(12), the landowner shall not plan or develop a residential subdivision on the important agricultural land;

(6) Consideration may be given to the cluster development of farm dwellings and employee housing units to maximize the land area available for agricultural production; and

(7) The plans for farm dwellings and employee housing units shall be supported by agricultural plans that are approved by the department of agriculture and biosecurity. [L 2008, c 233, §2 ; am L 2025, c 236, §17]
Haw. Rev. Stat. § 205A-49 — HI Code / Division 1 / Title 13 / Chapter 205A / Section 205A-49
Adoption of rules.
Status: in_force

Each agency charged with carrying out this part shall adopt rules necessary to implement or comply with this part by July1, 1990. All rules shall be adopted under chapter 91.
Haw. Rev. Stat. § 201H-200 — HI Code / Division 1 / Title 13 / Chapter 201H / Section 201H-200
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. § 205A-29.5 — HI Code / Division 1 / Title 13 / Chapter 205A / Section 205A-29.5
[ §205A-29.
Status: in_force

[ §205A-29.5] Special management area use permits; affordable multi-family rental housing; redevelopment. (a) Subject to terms and conditions under section 205A-26, the director of a county planning department may issue a special management area use permit to an applicant to redevelop permanent affordable multi-family rental housing that has been substantially destroyed as a result of a disaster from a wildfire, hurricane, or earthquake proclaimed by the governor to constitute a state of emergency under chapter 127A.

(b) After issuing a special management area use permit pursuant to this section, the county planning department in the respective county shall file a notice of the issuance in the next available issue of the periodic bulletin of the office of planning and sustainable development.

(c) This section shall not apply to parcels on the shoreline or parcels impacted by waves, storm surges, high tide, or shoreline erosion. [L 2025, c 313, §1]
Haw. Rev. Stat. § 201-9 — HI Code / Division 1 / Title 13 / Chapter 201 / Section 201-9
Cooperation with other agencies; acceptance and spending of grants; dissemination of findings.
Status: in_force

[(a)] The department of business, economic development, and tourism shall seek the widest possible cooperation, under law, with public and private agencies and the federal government in achieving the purpose of this part. It may accept funds from individuals and other agencies, public and private, and agree to such lawful and reasonable conditions and terms as the donor of funds may require, all toward the end of furthering the purposes of this part. The funds may be expended by the department on vouchers approved by its director, or may be transferred to other state agencies for expenditure by them in effectuating the purposes of this part.

[(b)] To the end of stimulating cooperation toward the economic development of Hawaii and of disseminating useful information which it obtains, the department shall from time to time publish the results of its research, its findings, and recommendations. [L 1955, c 264, pt of §1; RL 1955, §28A-9; am L 1959, c 51, §3; am L Sp 1959 2d, c 1, §§10, 25; am L 1963, c 2, §3; HRS §201-9; am L 1987, c 336, §7; am L 1990, c 293, §8]
Haw. Rev. Stat. § 205A-30.5 — HI Code / Division 1 / Title 13 / Chapter 205A / Section 205A-30.5
Prohibitions.
Status: in_force

(a) No special management area use permit or special management area minor permit shall be granted for structures that allow artificial light from floodlights, uplights, or spotlights used for decorative or aesthetic purposes when the light:

(1) Directly illuminates the shoreline and ocean waters; or

(2) Is directed to travel across property boundaries toward the shoreline and ocean waters.

(b) Subsection (a) shall not apply to special management area use permits for structures with:

(1) An outdoor lighting fixture that is located on the grounds of a hotel, hotel-condominium, or condominium-hotel as defined in section 486K-1; provided that:

(A) The outdoor lighting fixture is located underwater or is directed downward and illuminates a limited area of no more than thirty feet into the shoreline and ocean waters; or

(B) The outdoor lighting fixture is the only practicable means of ensuring the safety and security of guests, visitors, and employees; and

(2) Artificial lighting provided by a government agency or its authorized users for government operations, security, public safety, or navigational needs; provided that a government agency or its authorized users shall make reasonable efforts to properly position or shield lights to minimize adverse impacts.

(c) The authority shall adopt rules under chapter 91 setting forth procedures for implementing this section. [L 2005, c 224, pt of §2; am L 2010, c 4, §2(1)]
Haw. Rev. Stat. § 209-4 — HI Code / Division 1 / Title 13 / Chapter 209 / Section 209-4
Rehabilitation coordinator; authority.
Status: in_force

The disaster relief and rehabilitation authorized by this chapter shall be administered by a rehabilitation coordinator who shall be appointed by the governor and shall be directly responsible to the governor. The coordinator shall be chosen from the staff of any state, county, or city and county agency and shall be released with pay from the coordinator's regular duties for the period necessary to perform the coordinator's duties. The reasonable and necessary expenses incurred by the coordinator shall be paid from the funds available or made available to the coordinator.
Haw. Rev. Stat. § 201-12 — HI Code / Division 1 / Title 13 / Chapter 201 / Section 201-12
State program for energy planning and conservation.
Status: in_force

The department shall develop a state program for energy planning and conservation. The program shall consist of short and long-range planning for the development and promulgation of methods to encourage voluntary conservation of gasoline, diesel oil, natural gas, propane, heating oils, other fuels, and electrical energy, and efficient development of new or alternative sources of such fuels and energy. The information resulting from such methods is to be disseminated to the people of Hawaii through all forms of mass communication media, public and private schools, private and civic organizations, and all other appropriate means. Public information offices of other state and county agencies may be called upon for assistance in the development of such program.
Haw. Rev. Stat. § 206J-7 — HI Code / Division 1 / Title 13 / Chapter 206J / Section 206J-7
Development rules.
Status: in_force

The development corporation shall adopt rules under chapter 91 to be followed during the course of the development of the Aloha Tower complex, which are to be known as development rules in connection with health, safety, building, planning, zoning, and land use, which, upon final adoption of a development plan for the Aloha Tower complex, shall supersede all other inconsistent ordinances and rules relating to the use, zoning, planning, and development of land and construction thereon within the Aloha Tower complex. Rules adopted under this section shall be adopted under chapter 91 and 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 rules shall also insure that necessary maritime activities are not impaired.
Haw. Rev. Stat. § 211D-1 — HI Code / Division 1 / Title 13 / Chapter 211D / Section 211D-1
Definitions.
Status: in_force

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

"Capital access loan" means a loan that is entitled to be secured by the fund.

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

"Financial institution" includes a bank, trust company, banking association, savings and loan association, mortgage company, investment bank, credit union, or nontraditional financial institution.

"Fund" means the Hawaii capital loan revolving fund established in section 210-3.

"Loan" includes a line of credit.

"Medium-sized business" means a corporation, partnership, sole proprietorship, or other legal entity that:

(1) Is domiciled in this State;

(2) Is formed to make a profit; and

(3) Employs one hundred or more but fewer than five hundred full-time employees.

"Nonprofit organization" means a private, nonprofit, tax-exempt corporation, association, or organization listed in section 501(c)(3), Internal Revenue Code of 1986, as amended, that is domiciled in this State.

"Participating financial institution" means a financial institution participating in the program.

"Program" means the capital access program.

"Reserve account" means an account established in a participating financial institution on approval of the department in which money is deposited to serve as a source of additional revenue to reimburse the financial institution for losses on loans enrolled in the program.

"Small business" means a corporation, partnership, sole proprietorship, or other legal entity that:

(1) Is domiciled in this State;

(2) Is formed to make a profit;

(3) Is independently owned and operated; and

(4) Employs fewer than one hundred full-time employees. [L 2000, c 290, pt of §2]
Haw. Rev. Stat. § 209E-1 — HI Code / Division 1 / Title 13 / Chapter 209E / Section 209E-1
Purpose.
Status: in_force

It is declared that the health, safety, and welfare of the people of this State are dependent upon the continual encouragement, development, growth, and expansion of the private sector, and that there are certain areas in the State that need the particular attention of government to help attract private sector investment. Therefore, it is the purpose of this chapter to stimulate business, agricultural, and industrial growth in areas that would result in neighborhood revitalization of those areas by means of regulatory flexibility and tax incentives.
Haw. Rev. Stat. § 205-15 — HI Code / Division 1 / Title 13 / Chapter 205 / Section 205-15
Conflict.
Status: in_force

Except as specifically provided by this chapter and the rules adopted thereto, neither the authority for the administration of chapter 183C nor the authority vested in the counties under section 46-4 shall be affected.
Haw. Rev. Stat. § 209E-3 — HI Code / Division 1 / Title 13 / Chapter 209E / Section 209E-3
Administration.
Status: in_force

The department shall administer this chapter and shall have the following powers and duties:

(1) To establish criteria for determining what areas qualify as enterprise zones. The criteria shall be the minimum required for implementation of the purpose of this chapter;

(2) To monitor the implementation and operation of this chapter;

(3) To conduct a continuing evaluation program of enterprise zones;

(4) To assist counties in obtaining the reduction of rules within enterprise zones;

(5) To submit annual reports evaluating the effectiveness of the program and any recommendations for legislation to the governor;

(6) To administer and enforce the rules adopted by the department; and

(7) To administer this chapter in such a manner that the area to be designated as an enterprise zone will most benefit the area and the State. [L 1986, c 78, pt of §1]
Haw. Rev. Stat. § 207-16 — HI Code / Division 1 / Title 13 / Chapter 207 / Section 207-16
Construction.
Status: in_force

Nothing in this part shall require any corporation to qualify to do business in this State, or subject any person, firm, corporation, or trust to taxation under any law of this State if, but for the enactment of this chapter, the person, firm, corporation, or trust would not have been required so to qualify or be subject to such taxation.
Haw. Rev. Stat. § 206M-22 — HI Code / Division 1 / Title 13 / Chapter 206M / Section 206M-22
Limitation on liability.
Status: in_force

Chapters 661 and 662 or any other law to the contrary notwithstanding, nothing in this chapter shall create an obligation, debt, claim, cause of action, claim for relief, charge, or any other liability of any kind whatsoever in favor of any person or entity, against the State or its officers and employees, without regard to whether that person or entity receives any benefits under this chapter. The State and its officers and employees shall not be liable for the results of any investment, purchase of securities, loan, or other assistance provided pursuant to this chapter. Nothing in this chapter shall be construed as authorizing any claim against the corporation in excess of any note, loan, or other specific indebtedness incurred by the corporation or in excess of any insurance policy acquired for the corporation or its employees.
Haw. Rev. Stat. § 201H-16 — HI Code / Division 1 / Title 13 / Chapter 201H / Section 201H-16
Administration of federal programs.
Status: in_force

(a) The corporation may carry out federal programs designated to be carried out by a housing finance or housing development entity.

(b) The corporation shall adopt necessary rules in accordance with chapter 91, including the establishment and collection of reasonable fees for administering the program, to carry out any federal program in subsection (a).

(c) All fees collected for administering the program may be deposited into an appropriate special fund of the corporation and may be used to cover the administrative expenses of the corporation. [L 2005, c 196, pt of §20; am L 2006, c 180, §15]
Haw. Rev. Stat. § 201H-45 — HI Code / Division 1 / Title 13 / Chapter 201H / Section 201H-45
Sale; mortgage, agreement of sale, and other instruments.
Status: in_force

(a) The corporation shall sell completed dwelling units or dwelling units that are substantially completed and habitable, developed and constructed hereunder, to qualified residents in fee simple, or shall cause them to be leased or rented to qualified residents at a price or rental based on costs as determined by the corporation. The gross share to the other partners or contract payments and any amounts subsidized by the State, including but not limited to the land, need not be counted as cost so as to increase the price. These costs may be borne by the State, pursuant to rules adopted by the corporation subject to reimbursement upon sale as provided in section 201H‑47.

(b) If a qualified purchaser is unable to obtain sufficient funds at reasonable rates from private lenders, the corporation, by way of mortgage, agreement of sale, or other instrument to secure the indebtedness, may loan to the purchaser up to one hundred per cent of the purchase price. The purchaser in that event shall execute with the corporation an agreement of sale, mortgage, or other instrument under the terms of which the unpaid principal and the interest thereon shall be paid in monthly installments over a period of not more than forty years.

(c) Every mortgage, agreement of sale, other instrument to secure the indebtedness, or instrument of indebtedness executed by the corporation may contain other provisions as are usually found in such instruments and shall provide that the purchaser may repay the whole or any part of the unpaid balance of the purchase price plus accrued interest at any time without prepayment penalty.

(d) If the purchaser defaults on the payment of any loan, the corporation shall take all necessary action to collect the delinquent principal and interest on the loan and may take all actions allowed to holders of obligations, including the power to repossess, lease, rent, repair, renovate, modernize, and sell the property foreclosed, subject to the restrictions described in this section.

(e) The mortgages, agreements of sale, and other instruments of indebtedness, at the direction of the corporation, may be assigned to and serviced by commercial banks and other lending institutions doing business in the State at a fee of not more than one-half of one per cent of the amount loaned to the purchaser.

(f) Subsections (a) to (e) need not apply to market-priced dwelling units in an economically integrated housing project, except as otherwise determined by the developer of the units; provided that preference shall be given to qualified residents in the initial sale of market-priced units. [L 2006, c 180, pt of §3]
Haw. Rev. Stat. § 225M-9 — HI Code / Division 1 / Title 13 / Chapter 225M / Section 225M-9
[ §225M-9] Coordination of sea level rise adaptation activities.
Status: in_force

[ §225M-9] Coordination of sea level rise adaptation activities. The office of planning and sustainable development, in cooperation with each state agency having operational responsibilities over state facilities, shall:

(1) Begin statewide sea level rise adaptation coordination by working with state agencies to identify existing and planned facilities, including critical infrastructure, that are vulnerable to sea level rise, flooding impacts, and natural hazards, utilizing projections and map data from the most recent update of the Hawaii sea level rise vulnerability and adaptation report, the State of Hawaii hazard mitigation plan, and any other pertinent data and scientific reports to aid in this planning;

(2) Assess a range of options for mitigating impacts of sea level rise to those existing and planned state facilities; and

(3) Submit an annual report to the governor, legislature, and the Hawaii climate change mitigation and adaptation commission no later than twenty days prior to the convening of each regular session regarding the vulnerability and mitigation assessments for state facilities and progress made toward implementing sea level rise adaptation in future plans, programs, and capital improvement needs and decisions. [L 2021, c 178, §2; am L 2021, c 153, §9]
Haw. Rev. Stat. § 205A-27 — HI Code / Division 1 / Title 13 / Chapter 205A / Section 205A-27
Designation of special management area authority.
Status: in_force

The authority is designated the special management area authority and is authorized to carry out the objectives, policies and procedures of this part.
Haw. Rev. Stat. § 226-23 — HI Code / Division 1 / Title 13 / Chapter 226 / Section 226-23
Objective and policies for socio-cultural advancement--leisure.
Status: in_force

(a) Planning for the State's socio-cultural advancement with regard to leisure shall be directed towards the achievement of the objective of the adequate provision of resources to accommodate diverse cultural, artistic, and recreational needs for present and future generations.

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

(1) Foster and preserve Hawaii's multi-cultural heritage through supportive cultural, artistic, recreational, and humanities-oriented programs and activities.

(2) Provide a wide range of activities and facilities to fulfill the cultural, artistic, and recreational needs of all diverse and special groups effectively and efficiently.

(3) Enhance the enjoyment of recreational experiences through safety and security measures, educational opportunities, and improved facility design and maintenance.

(4) Promote the recreational and educational potential of natural resources having scenic, open space, cultural, historical, geological, or biological values while ensuring that their inherent values are preserved.

(5) Ensure opportunities for everyone to use and enjoy Hawaii's recreational resources.

(6) Assure the availability of sufficient resources to provide for future cultural, artistic, and recreational needs.

(7) Provide adequate and accessible physical fitness programs to promote the physical and mental well-being of Hawaii's people.

(8) Increase opportunities for appreciation and participation in the creative arts, including the literary, theatrical, visual, musical, folk, and traditional art forms.

(9) Encourage the development of creative expression in the artistic disciplines to enable all segments of Hawaii's population to participate in the creative arts.

(10) Assure adequate access to significant natural and cultural resources in public ownership. [L 1978, c 100, pt of §2; am L 1986, c 276, §22]
Haw. Rev. Stat. § 201-8 — HI Code / Division 1 / Title 13 / Chapter 201 / Section 201-8
Recommendations to agencies.
Status: in_force

On the basis of submitted reports and such other information as the department of business, economic development, and tourism may obtain, it may, as it deems it desirable for the best coordination and effectiveness of economic development activities in the State, make recommendations in writing to any agency of the state government.
Haw. Rev. Stat. § 206M-3.4 — HI Code / Division 1 / Title 13 / Chapter 206M / Section 206M-3.4
Contracts for services necessary for management and operation of corporation.
Status: in_force

The corporation may contract with others, public or private persons, for the provision of all or a portion of the services necessary for the management and operation of the corporation. The corporation shall have the power to use all appropriations, grants, contractual reimbursements, and all other funds not appropriated for a designated purpose to pay for the proper general expenses and to carry out the purposes of the corporation.
Haw. Rev. Stat. § 211D-10 — HI Code / Division 1 / Title 13 / Chapter 211D / Section 211D-10
Reports; audits.
Status: in_force

(a) The department shall submit to the legislature an annual status report on the program's activities.

(b) The financial transactions of the fund are subject to audit by the auditor. [L 2000, c 290, pt of §2]
Haw. Rev. Stat. § 206J-5 — HI Code / Division 1 / Title 13 / Chapter 206J / Section 206J-5
Powers; generally.
Status: in_force

(a) The development corporation shall have all the powers necessary to carry out its purposes, including the following powers:

(1) To sue and be sued;

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

(3) To make and execute contracts and all other instruments necessary or convenient for the exercise of its powers and functions under this chapter;

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

(5) To adopt rules under chapter 91 necessary to effectuate this chapter in connection with its projects, operations, properties, and facilities;

(6) Through its chief executive officer, to appoint officers, agents, and employees, prescribe their duties and qualifications, and fix their salaries, consistent with chapter 76; its chief executive officer may also appoint officers, agents, and employees, prescribe their duties and qualifications, and fix their salaries, without regard to chapter 76;

(7) To prepare or cause to be prepared a development plan for the Aloha Tower complex, incorporating the needs of the department of transportation and accommodating the plans, specifications, designs, or estimates of any project acceptable to the development corporation;

(8) To own, lease, hold, clear, improve, and rehabilitate real, personal, or mixed property and to assign, exchange, transfer, convey, lease, sublease, or encumber any project or improvement, including easements, constituting part of a project within the Aloha Tower complex, except that required for necessary maritime purposes, including leases or other agreements for the rehabilitation, repair, maintenance, and operation of the Aloha Tower;

(9) By itself, or in conjunction with qualified persons, to develop, construct, reconstruct, rehabilitate, improve, alter, or repair or provide for the development, construction, reconstruction, rehabilitation, improvement, alteration, or repair of any project, including projects or any portion thereof under the control or jurisdiction of qualified persons; to own, hold, assign, transfer, convey, exchange, lease, sublease, or encumber any project, including projects or any portion thereof under the control or jurisdiction of qualified persons;

(10) Notwithstanding any other provision of law to the contrary, to arrange or initiate appropriate action for the planning, replanning, opening, grading, relocating, or closing of streets, roads, roadways, alleys, easements, piers, or other places, the furnishing of facilities, the acquisition of property or property rights, or the furnishing of property, development rights, or services in connection with a project;

(11) To grant options or renew any lease entered into by it in connection with any project, on terms and conditions as it deems advisable;

(12) To prepare or cause to be prepared plans, specifications, designs, and estimates of project cost for the development, construction, reconstruction, rehabilitation, improvement, alteration, or repair of any project, and from time to time to modify such plans, specifications, designs, or estimates;

(13) To provide advisory, consultative, training, and educational services, technical assistance, and advice to any person, partnership, or corporation, either public or private, in order to carry out the purposes of this chapter, and engage the services of consultants on a contractual basis for rendering professional and technical assistance and advice;

(14) To procure insurance against any loss in connection with its property and other assets and operations in such amounts and from such insurers as it deems desirable;

(15) To contract for and accept gifts or grants in any form from any public agency or from any other source;

(16) To pledge or assign all or any part of the moneys, rents, charges, or other revenues and any proceeds derived by the development corporation from proceeds of insurance or condemnation awards, less guarantees to the harbor special fund for the loss of revenues or incurrence of costs and expenses because of any action taken by the development corporation; and

(17) To issue bonds of the development corporation for the purpose of providing funds for any of its corporate purposes.

(b) The development corporation shall impose, prescribe, and collect rates, rentals, fees, or charges for the lease and use and services of its projects at least sufficient to pay the costs of operation, maintenance and repair, if any, of its projects and the required payments of the principal of and interest on all bonds issued to finance its projects. Notwithstanding anything to the contrary contained in this section, the development corporation may take into account any project costs supplied by qualified persons in calculating such rates, rentals, fees, or charges, to the extent that if the qualified persons selected by the development corporation is willing to underwrite the entire or substantially all of the costs of development and construction of that project, the development corporation is empowered to negotiate nominal rentals. [L 1981, c 236, pt of §1; am L 1982, c 250, §3; am L 1988, c 356, §4; am L 1999, c 150, §2; am L 2000, c 253, §150]
Haw. Rev. Stat. § 201B-9 — HI Code / Division 1 / Title 13 / Chapter 201B / Section 201B-9
Tourism emergency.
Status: in_force

(a) If the board determines that the occurrence of a world conflict, terrorist threat, national or global economic crisis, natural disaster, outbreak of disease, or other catastrophic event adversely affects Hawaii's tourism industry by resulting in a substantial interruption in the commerce of the State and adversely affecting the welfare of its people, the board shall submit a request to the governor to declare that a tourism emergency exists.

(b) Upon declaration by the governor that a tourism emergency exists pursuant to subsection (a), the authority shall develop and implement measures to respond to the tourism emergency, including providing assistance to tourists during the emergency; provided that any tourism emergency response measure implemented pursuant to this subsection shall not include any provision that would adversely affect the organized labor force in tourism-related industries. With respect to a national or global economic crisis only, in addition to the governor's declaration of the existence of a tourism emergency, no action in response to the tourism emergency declaration may be taken by the authority without the governor's express approval. [L 2007, c 201, pt of §1; am L Sp 2009, c 5, §8]
Haw. Rev. Stat. § 211D-4 — HI Code / Division 1 / Title 13 / Chapter 211D / Section 211D-4
Rulemaking authority.
Status: in_force

(a) The department shall adopt rules relating to the implementation of the program and any other rules necessary to accomplish the purposes of this chapter. The rules may:

(1) Provide for criteria under which a certain line of credit issued by an eligible financial institution to a small or medium-sized business or nonprofit organization qualifies to participate in the program; and

(2) Authorize a consortium of financial institutions to participate in the program subject to common underwriting guidelines.

(b) To qualify for participation in the program, a line of credit shall:

(1) Be an account at a financial institution under which the financial institution agrees to lend money to a person from time to time to finance one or more projects, activities, or enterprises that are authorized by this chapter; and

(2) Contain the same restrictions, to the extent possible, that are placed on a capital access loan that is not a line of credit. [L 2000, c 290, pt of §2]
Haw. Rev. Stat. § 206-20 — HI Code / Division 1 / Title 13 / Chapter 206 / Section 206-20
Contracts with federal government.
Status: in_force

In addition to the powers conferred upon the board of land and natural resources by other provisions of this chapter, the board may borrow money or accept grants from the federal government for or in aid of any project which the board is authorized to undertake, take over any land acquired by the federal government for the construction or operation of a development project, take over or lease or manage any development project constructed or owned by the federal government, and to these ends, enter into such contracts, mortgages, leases, or other agreements as the federal government may require, including agreements authorizing the federal government to supervise and approve the construction, maintenance, and operation of the project. It is the purpose and intent of this chapter to authorize the board 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 project which the board is empowered to undertake.
Haw. Rev. Stat. § 206E-13 — HI Code / Division 1 / Title 13 / Chapter 206E / Section 206E-13
Public projects.
Status: in_force

Any project or activity of any county or agency of the State in a designated district shall be constructed, renovated, or improved in consultation with the authority.
Haw. Rev. Stat. § 201H-36 — HI Code / Division 1 / Title 13 / Chapter 201H / Section 201H-36
Exemption from general excise taxes.
Status: in_force

(a) [Repeal and reenactment on June 30, 2030. L 2018, c 39, §4.] In accordance with section 237-29, the corporation may approve and certify for exemption from general excise taxes any qualified person or firm involved with a newly constructed, or a moderately or substantially rehabilitated, project that is:

(1) Developed under this part;

(2) Developed under a government assistance program approved by the corporation, including but not limited to the United States Department of Agriculture's section 502 direct loan program and Federal Housing Administration's section 235 program;

(3) Developed under the sponsorship of a private nonprofit organization providing home rehabilitation or new homes for qualified families in need of decent, low-cost housing;

(4) Developed by a qualified person or firm to provide affordable rental housing where at least fifty per cent of the available units are for households with incomes at or below eighty per cent of the area median family income as determined by the United States Department of Housing and Urban Development, of which at least twenty per cent of the available units are for households with incomes at or below sixty per cent of the area median family income as determined by the United States Department of Housing and Urban Development; or

(5) Approved or certified from July 1, 2018, to June 30, 2030, and developed under a contract described in section 104 ‑ 2(i)(2) by a qualified person or firm to provide affordable rental housing through new construction or substantial rehabilitation; provided that:

(A) The allowable general excise tax and use tax costs shall apply to contracting only and shall not exceed $30,000,000 per year in the aggregate for all projects approved and certified by the corporation; and

(B) All available units are for households with incomes at or below one hundred forty per cent of the area median family income as determined by the United States Department of Housing and Urban Development, of which at least twenty per cent of the available units are for households with incomes at or below eighty per cent of the area median family income as determined by the United States Department of Housing and Urban Development; provided that an owner shall not refuse to lease a unit solely because the applicant holds a voucher or certificate of eligibility under section 8 of the United States Housing Act of 1937, as amended.

(b) To obtain certification for exemption under this section, rental housing projects shall, unless exempted by the corporation, enter into a regulatory agreement with the corporation to ensure the project's continued compliance with the applicable eligibility requirements set forth in subsection (a), as follows:

(1) For moderate rehabilitation projects, a minimum term of five years as specified in a regulatory agreement;

(2) For substantial rehabilitation projects, a minimum term of ten years as specified in a regulatory agreement; or

(3) For new construction projects, a minimum term of thirty years from the date of issuance of the certificate of occupancy.

(c) All claims for exemption under this section shall be filed with and certified by the corporation and forwarded to the department of taxation. Any claim for exemption that is filed and approved, shall not be considered a subsidy for the purpose of this part.

(d) For the purposes of this section:

"Moderate rehabilitation" means rehabilitation to upgrade a dwelling unit to a decent, safe, and sanitary condition, or to repair or replace major building systems or components in danger of failure.

"Substantial rehabilitation":

(1) Means the improvement of a property to a decent, safe, and sanitary condition that requires more than routine or minor repairs or improvements. It may include but is not limited to the gutting and extensive reconstruction of a dwelling unit, or cosmetic improvements coupled with the curing of a substantial accumulation of deferred maintenance; and

(2) Includes renovation, alteration, or remodeling to convert or adapt structurally sound property to the design and condition required for a specific use, such as conversion of a hotel to housing for elders.

(e) The corporation may establish, revise, charge, and collect a reasonable service fee, as necessary, in connection with its approvals and certifications under this section. The fees shall be deposited into the dwelling unit revolving fund. [L 2006, c 180, pt of §3; am L 2015, c 95, §1; am L 2017, c 54, §§3, 5(2); am L 2018, c 39, §3]
Haw. Rev. Stat. § 226-16 — HI Code / Division 1 / Title 13 / Chapter 226 / Section 226-16
Objective and policies for facility systems--water.
Status: in_force

(a) Planning for the State's facility systems with regard to water shall be directed towards achievement of the objective of the provision of water to adequately accommodate domestic, agricultural, commercial, industrial, recreational, and other needs within resource capacities.

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

(1) Coordinate development of land use activities with existing and potential water supply.

(2) Support research and development of alternative methods to meet future water requirements well in advance of anticipated needs.

(3) Reclaim and encourage the productive use of runoff water and wastewater discharges.

(4) Assist in improving the quality, efficiency, service, and storage capabilities of water systems for domestic and agricultural use.

(5) Support water supply services to areas experiencing critical water problems.

(6) Promote water conservation programs and practices in government, private industry, and the general public to help ensure adequate water to meet long-term needs. [L 1978, c 100, pt of §2; am L 1986, c 276, §15]
Haw. Rev. Stat. § 201H-100 — HI Code / Division 1 / Title 13 / Chapter 201H / Section 201H-100
Housing loan programs; fees.
Status: in_force

The corporation may establish, revise, charge, and collect fees, premiums, and charges as necessary, reasonable, or convenient, for its housing loan programs. The fees, premiums, and charges shall be deposited into the housing loan program revenue bond revolving fund established for the particular housing loan program or part thereof from which the fees, premiums, and charges are derived as determined by the corporation.
Haw. Rev. Stat. § 205A-6 — HI Code / Division 1 / Title 13 / Chapter 205A / Section 205A-6
Cause of action.
Status: in_force

(a) Subject to chapters 661 and 662, any person or agency may commence a civil action alleging that any agency:

(1) Is not in compliance with one or more of the objectives, policies, and guidelines provided or authorized by this chapter within the special management area and the waters from the shoreline to the seaward limit of the State's jurisdiction;

(2) Has failed to perform any act or duty required to be performed under this chapter; or

(3) In exercising any duty required to be performed under this chapter, has not complied with the provisions of this chapter.

(b) In any action brought under this section, the lead agency, if not a party, may intervene as a matter of right.

(c) A court, in any action brought under this section, shall have jurisdiction to provide any relief as may be appropriate, including a temporary restraining order or preliminary injunction.

(d) Any action brought under this section shall be commenced within sixty days of the act which is the basis of the action.

(e) Nothing in this section shall restrict any right that any person may have to assert any other claim or bring any other action. [L 1977, c 188, pt of §3; am L 1979, c 200, §5]

Revision Note

In subsection (a)(1), "or" deleted after ending punctuation pursuant to §23G-15.
Haw. Rev. Stat. § 206-26 — HI Code / Division 1 / Title 13 / Chapter 206 / Section 206-26
Disclosure by private developer; public records.
Status: in_force

[(a)] A private developer or assign, as the term is used in this chapter, shall file with the board of land and natural resources an enumeration list of all persons directly or indirectly connected with the private developer or assign as a condition precedent to the private developer's or assign's acceptance as the private developer or assign by the board. A private developer or assign who fails to comply with this requirement shall automatically forfeit all rights to any profit under this chapter.

[(b)] All bids and any or all records of a private developer or assign, relating to any and all transactions with the State, shall be public records, as defined in chapter 92, and subject to such use as permitted by chapter 92. [L 1961, c 6, §24; Supp, §98J-24; HRS §206-26; gen ch 1985]
Haw. Rev. Stat. § 201H-9 — HI Code / Division 1 / Title 13 / Chapter 201H / Section 201H-9
Acquisition, use, and disposition of property.
Status: in_force

(a) The corporation may acquire any real or personal property or interest therein by purchase, exchange, gift, grant, lease, or other means from any person or government to provide housing. Exchange of real property shall be in accordance with section 171-50.

(b) The corporation may own or hold real property. All real property owned or held by the corporation shall be exempt from mechanic's or materialman's liens and also 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 corporation be a charge or lien upon its real property; provided that this subsection shall not apply to or limit the right of obligees to foreclose or otherwise enforce any mortgage of the corporation or the right of obligees to pursue any remedies for the enforcement of any pledge or lien given by the corporation on its rents, fees, or revenues. The corporation and its property shall be exempt from all taxes and assessments.

(c) The corporation may lease or rent all or a portion of any housing project and establish and revise the rents or charges therefor. The corporation may sell, exchange, transfer, assign, or pledge any property, real or personal, or any interest therein to any person or government.

(d) The corporation may insure or provide for the insurance of its property or operations against risks as it deems advisable. [L 2005, c 196, pt of §20; am L 2006, c 180, §15]
Haw. Rev. Stat. § 201H-207 — HI Code / Division 1 / Title 13 / Chapter 201H / Section 201H-207
[ §201H-207] Additional powers.
Status: in_force

[ §201H-207] Additional powers. The powers conferred upon the corporation by this subpart shall be in addition and supplemental to the powers conferred by any other law, and nothing in this subpart shall be construed as limiting any powers, rights, privileges, or immunities conferred.
Haw. Rev. Stat. § 206E-4.5 — HI Code / Division 1 / Title 13 / Chapter 206E / Section 206E-4.5
Urban gardening programs.
Status: in_force

Notwithstanding any other provision of law, the authority may develop programs that provide incentives for the development of housing projects that incorporate urban gardening programs; provided that the college of tropical agriculture and human resources of the University of Hawaii at Manoa shall be consulted regarding best practices in urban gardening, including vertical gardening, aquaponics, and community gardening.
Haw. Rev. Stat. § 201H-44 — HI Code / Division 1 / Title 13 / Chapter 201H / Section 201H-44
Commercial, industrial, and other uses.
Status: in_force

(a) In connection with the development of any dwelling units under this chapter, the corporation may also develop commercial, industrial, and other properties if it determines that the uses can be an integral part of the development or can help to enhance the lifestyles of residents of the development. The corporation may designate any portions of the development for commercial, industrial, or other use and shall have all the powers granted under this chapter with respect thereto, including the power to bypass statutes, ordinances, charter provisions, and rules of any government agency pursuant to section 201H-38. For this purpose, the corporation may use any of the funds authorized under this chapter.

(b) The corporation shall adopt rules that shall provide the manner in which the uses of properties shall be designated, and shall provide that any commercial, industrial, or other properties so developed shall be sold or leased at cost or at economic rents or sales prices. The net proceeds of all such sales or leases, less costs to the corporation, shall be deposited in the dwelling unit revolving fund.

The rules may also provide that during the first twenty years after its purchase, any commercial, industrial, or other property so developed and sold may be resold or assigned only to the corporation at the original purchase price plus the cost of any improvements made by the purchaser together with simple interest on all of the purchaser's equity in the property at the rate of seven per cent a year. [L 2006, c 180, pt of §3; am L 2016, c 131, §3]
Haw. Rev. Stat. § 201H-41 — HI Code / Division 1 / Title 13 / Chapter 201H / Section 201H-41
Independent development of projects.
Status: in_force

(a) In any county, the corporation may develop or may enter into agreements to develop housing projects with an eligible developer if in the corporation's reasonable judgment a project is primarily designed for lower income housing. The agreement may provide for the housing to be placed under the control of the corporation, or to be sold by the corporation, or to be sold to the corporation as soon as the units are completed and shall contain terms, conditions, and covenants as the corporation, by rules, deems appropriate. Every agreement shall provide for the developer to furnish a performance bond in favor of the corporation, assuring the timely and complete performance of the housing project. Sureties on the bond shall be satisfactory to the corporation.

(b) The plans and specifications for the housing project shall:

(1) Provide for economically integrated housing by stipulation and design;

(2) Provide for the sale of all dwelling units in fee simple or in leasehold either to the corporation or to the purchaser and in all cases subject to all of the provisions of sections 201H-47, 201H-49, and 201H‑50 excepting units sold at market price; and

(3) Encompass the use of lands adequately suited to the size, design, and types of occupancies designated in subsection (a), properly located for occupancy by the group for which the project was primarily designed, properly districted for the use intended prior to the agreement, and appropriately zoned within an urban land use district or appropriate in its situation and surroundings for more intensive or denser zoning.

(c) The corporation may accept and approve housing projects independently initiated by private developers that fully comply with subsections (a) and (b). The corporation may review the plans, specifications, districting, and zoning of the project for the purpose of exempting the project from all statutes, ordinances, charter provisions, and rules of any government agency relating to zoning and construction standards for subdivisions, development, and improvement of land and the construction, improvement, and sale of dwelling units thereon; provided that the procedures in section 201H-38(a)(1)(A), (B), and (C) have been satisfied. [L 2006, c 180, pt of §3; am L 2024, c 38, §3]
Haw. Rev. Stat. § 206M-17 — HI Code / Division 1 / Title 13 / Chapter 206M / Section 206M-17
Revenue bond fund accounts.
Status: in_force

The development corporation shall establish separate special funds in accordance with section 39-62 for the deposit of the proceeds of special purpose revenue bonds and special facility revenue bonds authorized under this part and [part III] respectively. The development corporation shall have the right to appropriate, apply, or expend the revenues derived with respect to the project agreement for a project for the following purposes:

(1) To pay when due all special purpose revenue bonds and special facility revenue bonds, premiums, if any, and interest thereon, for the payment of which the revenues are or have been pledged, charged, or otherwise encumbered, including reserves therefor; and

(2) To the extent not paid by the qualified person to provide for all expenses of administration, operation, and maintenance of the project, including reserves therefor.

Unless and until adequate provision has been made for the foregoing purposes, the development corporation shall not transfer the revenues derived from the project agreement to the technology special fund of the State. [L 1983, c 152, pt of §2; am L 1993, c 280, §16; am L 2000, c 72, §22; am L 2017, c 69, §5]
Haw. Rev. Stat. § 201H-228 — HI Code / Division 1 / Title 13 / Chapter 201H / Section 201H-228
Acquisition of real property from a county.
Status: in_force

Notwithstanding the provision of any law or charter, any county, by resolution of its county council, without public auction, sealed bids, or public notice, may sell, lease, grant, or convey to the corporation any real property owned by the county that the corporation certifies to be necessary for the purposes of this part. The sale, lease, grant, or conveyance shall be made with or without consideration and upon terms and conditions as may be agreed upon by the county and the corporation. Certification shall be evidenced by a formal request from the corporation. Before the sale, lease, grant, or conveyance is made to the corporation, a public hearing shall be held by the county council to consider the same. Notice of the hearing shall be published at least six days before the date set for the hearing in the publication and in the manner as may be designated by the county council.
Haw. Rev. Stat. § 201B-2.5 — HI Code / Division 1 / Title 13 / Chapter 201B / Section 201B-2.5
Authority, private attorneys.
Status: in_force

(a) The board may appoint or retain by contract one or more attorneys who are independent of the attorney general to provide legal services for the board solely in cases of contract negotiations in which the attorney general lacks sufficient expertise; provided that the independent attorney shall consult and work in conjunction with the designated deputy attorney general assigned to the Hawaii tourism authority.

(b) The board may fix the compensation of the attorneys appointed or retained pursuant to this section. Attorneys appointed or retained by contract shall be exempt from chapters 76, 78, and 88. [L 2004, c 58, §§1, 14(2); am L 2005, c 22, §50; am L 2006, c 306, §1; am L Sp 2009, c 5, §12]
Haw. Rev. Stat. § 206E-31.5 — HI Code / Division 1 / Title 13 / Chapter 206E / Section 206E-31.5
Prohibitions.
Status: reserved

Anything contained in this chapter to the contrary notwithstanding, the authority is prohibited from:

(1) Selling or otherwise assigning the fee simple interest in any lands in the Kakaako community development district to which the authority in its corporate capacity holds title, except with respect to:

(A) Utility easements;

(B) Remnants as defined in section 171-52;

(C) Grants to any state or county department or agency;

(D) Private entities for purposes of any easement, roadway, or infrastructure improvements; or

(E) Reserved housing as defined in section 206E-101; or

(2) Approving any plan or proposal for any residential development in that portion of the Kakaako community development district makai of Ala Moana boulevard and between Kewalo Basin and the foreign trade zone. [L 2006, c 317, §1; am L 2014, c 61, §9]

Revision Note

In paragraph (1)(C), "or" deleted pursuant to §23G-15.
Haw. Rev. Stat. § 210D-6 — HI Code / Division 1 / Title 13 / Chapter 210D / Section 210D-6
Compensation and expenses of members.
Status: in_force

All members shall serve without compensation, but may be reimbursed for any actual and necessary expenses, including travel expenses, incurred in carrying out their official duties.
Haw. Rev. Stat. § 207-6 — HI Code / Division 1 / Title 13 / Chapter 207 / Section 207-6
Bond authorization.
Status: in_force

The director of finance may with the approval of the governor, issue from time to time general obligation bonds pursuant to chapter 39, part I not exceeding $500,000 for the granting of loans pursuant to the purposes of this part.
Haw. Rev. Stat. § 201M-7 — HI Code / Division 1 / Title 13 / Chapter 201M / Section 201M-7
Periodic review; evaluation report.
Status: repealed

(a) Each agency having rules that affect small business shall submit to the board by June 30 of each odd-numbered year, a list of those rules and a report describing the specific public purpose or interest for adopting the respective rules that affect small business and any other reasons to justify continued implementation of the rules; provided that, by June 30 of each year, each agency shall submit to the board a list of any rules to be amended or repealed, based upon any new, amended, or repealed statute that impacts small business.

(b) The board shall provide to the head of each agency a list of any rules adopted by the agency that affect small business and have generated complaints or concerns, including any rules that the board deter­mines may duplicate, overlap, or conflict with other rules, or exceed statutory authority. Within forty-five days after being notified by the board of the list, the agency shall submit a written report to the board in response to the complaints or concerns. The agency shall also state whether the agency has considered the continued need for the rules and the degree to which technology, economic condi­tions, and other relevant factors may have diminished or eliminated the need for maintaining the rules.

(c) The board may solicit testimony from the public regarding any report submitted by the agency under this section at a public meeting held pursuant to chapter 92. Upon consideration of any report submitted by an agency under this section and any public testimony, the board shall submit an evaluation report to the legislature each even-numbered year. The evaluation report shall include an assessment as to whether the public interest significantly outweighs a rule's effect on small business and any legislative proposal to eliminate or reduce the effect on small business. The legislature may take any action in response to the report as it finds appropriate. [L 1998, c 168, pt of §2, §5; am L 2002, c 202, §5; am L 2007, c 217, §6; am L 2012, c 241, §4; am L 2017, c 174, §4]
Haw. Rev. Stat. § 206E-194 — HI Code / Division 1 / Title 13 / Chapter 206E / Section 206E-194
Kalaeloa community development district; development guidance policies.
Status: in_force

The following development guidance policies shall generally govern the authority's actions in the Kalaeloa community development district:

(1) Development shall be in accordance with the community reuse plan, except as it conflicts with the Hawaii State Constitution and the Hawaii Revised Statutes, as they relate to the department of Hawaiian home lands;

(2) With the approval of the governor and concurrence of the Navy, and in accordance with state law governing lands owned by the department of Hawaiian home lands, the authority, upon the concurrence of a majority of its voting members, may modify and make changes to the reuse plan to respond to changing conditions; provided that prior to amending the reuse plan the authority shall conduct a public hearing to inform the public of the proposed changes and receive public input;

(3) Development shall seek to promote economic development and employment opportunities by fostering diverse land uses and encouraging private sector investments that utilize the opportunities presented by the receipt of property from the base closure consistent with the needs of the public;

(4) The authority may engage in planning, design, and construction activities within and outside of the district; provided that activities outside of the district shall relate to infrastructure development, area-wide drainage improvements, roadways realignments and improvements, business and industrial relocation, and other activities the authority deems necessary to carry out redevelopment of the district and implement this chapter. Studies or coordinating activities may be undertaken by the authority in conjunction with the county and appropriate state agencies and may address facility systems, industrial relocation, and other activities;

(5) Planning, replanning, rehabilitation, development, redevelopment, and other preparation for reuse of Barbers Point Naval Air Station under this chapter are public uses and purposes for which public money may be spent and private property acquired;

(6) Hawaiian archaeological, historic, and cultural sites shall be preserved and protected. Endangered species of flora and fauna and significant military facilities shall be preserved to the extent feasible;

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

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

(9) Development shall consider the impacts of climate change, sea level rise, and climate-resilient development in the design and siting of buildings. [L 2002, c 184, pt of §2 ; am L 2023, c 221, §3 ]
Haw. Rev. Stat. § 201H-90 — HI Code / Division 1 / Title 13 / Chapter 201H / Section 201H-90
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. § 206M-66 — HI Code / Division 1 / Title 13 / Chapter 206M / Section 206M-66
[ §206M-66] Business and industry evaluation and priorities for job opportunity and economic development.
Status: in_force

[ §206M-66] Business and industry evaluation and priorities for job opportunity and economic development. The development corporation shall develop procedures to set priorities as to which types of businesses and industries are most likely to provide significant opportunities for economic development and diversification in the State, consistent with the purposes of this subpart. This evaluation shall take into account the guidelines provided by the state plan for economic development. Based on these findings, the development corporation shall establish targets by which the operations and programs of the development corporation under this part shall be guided.
Haw. Rev. Stat. § 201M-8 — HI Code / Division 1 / Title 13 / Chapter 201M / Section 201M-8
Waiver or reduction of penalties.
Status: in_force

(a) Except where a penalty or fine is assessed pursuant to a program approved, authorized, or delegated under a federal law, any agency authorized to assess civil penalties or fines upon a small business shall waive or reduce any penalty or fine as allowed by federal or state law for a violation of any statute, ordinance, or rules by a small business under the following conditions:

(1) The small business corrects the violation within a minimum of thirty days after receipt of a notice of violation or citation; and

(2) The violation was unintentional or the result of excusable neglect; or

(3) The violation was the result of an excusable misunderstanding of an agency's interpretation of a rule.

(b) Subsection (a) shall not apply:

(1) When a small business fails to exercise good faith in complying with the statute or rules;

(2) When a violation involves wilful or criminal conduct;

(3) When a violation results in serious health and safety impacts;

(4) To violations of chapters 6E, 180, 180C, 181, 182, 183, 183C, 183D, 186, 187A, 188, 188F, 189, 190, 190D, 195, 195D, 195F, 205, 205A, 340A, 340E, 341, 342B, 342C, 342D, 342E, 342F, 342G, 342H, 342I, 342J, 342L, and 342P;

(5) To violations of sections 200-9(b) to (d), 200-24(4), 200-37, and 200-38; or

(6) To violations of administrative rules promulgated pursuant to section 200-4(a)(6); except for rules pertaining to matters listed in section 200-4(a)(6)(A), (B), (C), and (D).

(c) An agency may adopt rules to implement the requirements of this section. [L 1998, c 168, pt of §2, §5; am L 2002, c 202, §5; am L 2004, c 206, §1; am L 2017, c 12, §13]
Haw. Rev. Stat. § 206M-81 — HI Code / Division 1 / Title 13 / Chapter 206M / Section 206M-81
[ §206M-81] Financial assistance.
Status: in_force

[ §206M-81] Financial assistance. The development corporation, through the program for capital access, may:

(1) Procure insurance, a guarantee, or a letter of credit from any source for all or a part of a loan, debenture, or lease of others, public or private, or a revenue bond issue of the State or other entity or authority authorized by law to issue revenue bonds; and

(2) Procure insurance, a guarantee, or a letter of credit for either a single loan, debenture, or lease or for any combination of loans, debentures, or leases, or a single revenue bond issue or for all or a part of any combination of revenue bond issues. [L 2019, c 56, pt of §2]
Haw. Rev. Stat. § 209-6 — HI Code / Division 1 / Title 13 / Chapter 209 / Section 209-6
Relation to other agencies.
Status: in_force

This chapter is not intended, nor shall it be construed in any manner, to conflict with or assume the responsibility of the American National Red Cross, any agency of the federal government, the Salvation Army, or the emergency management activities of the state department of defense.
Haw. Rev. Stat. § 206E-8.5 — HI Code / Division 1 / Title 13 / Chapter 206E / Section 206E-8.5
Developments within special management areas and shoreline setback.
Status: in_force

(a) Notwithstanding chapter 205A, all requests for developments within a special management area and shoreline setback variances for developments on any lands within a community development district, for which a community development plan has been developed and approved in accordance with section 206E-5, shall be submitted to and reviewed by the lead agency as defined in chapter 205A. In community development districts for which a community development plan has not been developed and approved in accordance with section 206E-5, parts II and III of chapter 205A shall continue to be administered by the applicable county authority until a community development plan for the district takes effect.

(b) In the review of such requests, the lead agency shall conform to the following, as deemed appropriate:

(1) Applicable county rules adopted in accordance with section 205A-26 for the review of developments within a special management area, except that paragraph (2)(C) of section 205A-26 shall not apply; and

(2) Part III of chapter 205A and applicable county rules for the review of developments within the shoreline setback.

(c) With the approval of the lead agency, the developments may be allowed without a special management area permit or shoreline setback variance as required by chapter 205A. [L 1990, c 86, §§5, 18; am L 1999, c 35, §1; am L 2002, c 208, §2]
Haw. Rev. Stat. § 201H-6 — HI Code / Division 1 / Title 13 / Chapter 201H / Section 201H-6
Housing advocacy and information system.
Status: in_force

(a) The corporation, with the assistance of other agencies of the State and counties with related responsibilities, shall develop and maintain a housing advocacy and information system to aid the corporation in meeting the needs and demands of housing consumers.

(b) In establishing and maintaining the housing advocacy and information system, the corporation shall conduct market studies, engage in community outreach, and solicit recommendations from, and statistics and research developed by, agencies of the United States, the State, the counties, private research organizations, nonprofit community groups, trade associations, including those of the construction and real estate industries, departments, individuals at the University of Hawaii, and housing consumers.

(c) The corporation shall analyze the information received and make recommendations to the appropriate agencies and developers.

(d) The corporation, through the housing advocacy and information system, shall act as a clearinghouse for information relating to housing conditions, needs, supply, demand, characteristics, developments, trends in federal housing programs, and housing laws, ordinances, rules, and regulations.

(e) The housing advocacy and information system may be used by housing researchers, planners, administrators, and developers and shall be coordinated with other housing research efforts. The corporation shall maintain a current supply of information, including means to gather new information through surveys, contracted research, and investigations.

(f) The corporation, through the housing advocacy and information system, shall develop and maintain an affordable housing inventory registry to identify:

(1) Affordable housing projects developed by the corporation utilizing moneys in the rental housing revolving fund established pursuant to section 201H-202 or the dwelling unit revolving fund established pursuant to section 201H-191;

(2) State and federal public housing projects identified by the Hawaii public housing authority;

(3) United States Department of Housing and Urban Development Region 9 federally supported and privately managed housing projects; and

(4) State and county lands that may be developed for affordable housing, as defined in section 201H-57(b). [L 2005, c 196, pt of §20; am L 2006, c 180, §15; am L 2007, c 222, §2; am L 2015, c 237, §22]
Haw. Rev. Stat. § 207-5 — HI Code / Division 1 / Title 13 / Chapter 207 / Section 207-5
Rules and regulations.
Status: in_force

The director of finance may adopt, amend, or repeal such rules and regulations governing the granting of loans and other related functions as the director of finance considers necessary or suitable. The rules and regulations when approved by the governor and made in accordance with chapter 91 shall have the force and effect of law.
Haw. Rev. Stat. § 213-2 — HI Code / Division 1 / Title 13 / Chapter 213 / Section 213-2
Personnel.
Status: in_force

The director of business, economic development, and tourism shall select and designate qualified personnel as the director may deem essential to effectuate the objectives of the research and development industry promotion program.
Haw. Rev. Stat. § 206E-123 — HI Code / Division 1 / Title 13 / Chapter 206E / Section 206E-123
Loans; default.
Status: in_force

The authority may:

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

(2) Waive any default or consent to the modification of the terms of any loan or security agreement;

(3) Commence any action to protect or enforce any right conferred upon it by any law, mortgage, insurance policy, contract, or other agreement;

(4) Bid for and purchase the property secured by the loan at any foreclosure or other sale or acquire or take possession of the property secured by the loan; and

(5) Operate, manage, lease, dispose of, or otherwise deal with the property secured by the loan. [L 1982, c 228, pt of §8; am L 2018, c 18, §8]
Haw. Rev. Stat. § 225P-8 — HI Code / Division 1 / Title 13 / Chapter 225P / Section 225P-8
[ § 225P-8] Zero emissions transportation.
Status: in_force

[ § 225P-8] Zero emissions transportation. (a) It shall be the goal of the State to reduce greenhouse gas emissions and achieve zero emissions across all transportation modes within the State, including across all sectors of:

(1) Ground transportation; and

(2) Sea and air interisland transportation.

(b) Each department, board, and commission shall incorporate these goals into the department, board, or commission's plans and take any actions necessary to achieve the goals established in this section.

(c) The department of transportation, office of planning and sustainable development, and Hawaii state energy office shall:

(1) Develop plans in coordination with the clean ground transportation working group and interisland clean transportation working group to ensure that the State's electric charging capacity is sufficient to support the growing use of electric modes of transportation by providing for an increase of the State's electric charging capacity at a rate that exceeds:

(A) The rate by which electric vehicle sales are projected to replace internal combustion vehicle sales; and

(B) The rate by which other electric transportation options are projected to require charging capacity;

(2) Allow continued access to high-occupancy vehicle lanes by electric vehicles until electric vehicles constitute at least forty per cent of all new vehicle sales; and

(3) Develop and implement other options to accelerate the transition to zero-emissions transportation.

(d) The department of transportation and Hawaii state energy office may adopt rules pursuant to chapter 91 to effectuate this section. [L 2023, c 226, §2]
Haw. Rev. Stat. § 206E-102 — HI Code / Division 1 / Title 13 / Chapter 206E / Section 206E-102
Rules; eligible loans.
Status: reserved

(a) The authority shall establish requirements for reserved housing units financed by an eligible loan, and may consider, but not be limited to the location, age, condition, and other characteristics of the reserved housing units.

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

(c) All eligible loans made shall comply with applicable state and federal laws. [L 1982, c 228, pt of §8]
Haw. Rev. Stat. § 226-21 — HI Code / Division 1 / Title 13 / Chapter 226 / Section 226-21
Objective and policies for socio-cultural advancement--education.
Status: in_force

(a) Planning for the State's socio-cultural advancement with regard to education shall be directed towards achievement of the objective of the provision of a variety of educational opportunities to enable individuals to fulfill their needs, responsibilities, and aspirations.

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

(1) Support educational programs and activities that enhance personal development, physical fitness, recreation, and cultural pursuits of all groups.

(2) Ensure the provision of adequate and accessible educational services and facilities that are designed to meet individual and community needs.

(3) Provide appropriate educational opportunities for groups with special needs.

(4) Promote educational programs which enhance understanding of Hawaii's cultural heritage.

(5) Provide higher educational opportunities that enable Hawaii's people to adapt to changing employment demands.

(6) Assist individuals, especially those experiencing critical employment problems or barriers, or undergoing employment transitions, by providing appropriate employment training programs and other related educational opportunities.

(7) Promote programs and activities that facilitate the acquisition of basic skills, such as reading, writing, computing, listening, speaking, and reasoning.

(8) Emphasize quality educational programs in Hawaii's institutions to promote academic excellence.

(9) Support research programs and activities that enhance the education programs of the State. [L 1978, c 100, pt of §2; am L 1986, c 276, §20]
Haw. Rev. Stat. § 206E-120 — HI Code / Division 1 / Title 13 / Chapter 206E / Section 206E-120
Loans; service and custody.
Status: in_force

The authority may contract for the service and custody of its loans. The contract may provide for the payment of fees or charges for the services rendered; provided that the fees or charges shall not exceed the usual, customary, and reasonable charges for the services rendered.
Haw. Rev. Stat. § 201C-1 — HI Code / Division 1 / Title 13 / Chapter 201C / Section 201C-1
Definitions.
Status: in_force

For the purposes of this chapter:

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

"Financial mall" means an array of financial service industry operations connected by telecommunications and not restricted to location in a single physical facility.

"Financial services industry" means trading and brokering operations, including but not limited to securities, commodities, debt instruments, currencies, options, futures, and other derivatives. [L 1990, c 107, pt of §3]
Haw. Rev. Stat. § 226-63 — HI Code / Division 1 / Title 13 / Chapter 226 / Section 226-63
[OLD] Renumbered as §226-62.
Status: in_force

§226-63 [OLD] Renumbered as §226-62.

§226-63 Hawaii interagency council for transit-oriented development; transit-oriented development planning and implementation. (a) There is established the Hawaii interagency council for transit-oriented development, which shall be an advisory body exempt from section 26-34, to coordinate and facilitate state agency transit-oriented development planning, and facilitate consultation and collaboration between the State and the counties on transit-oriented development initiatives. The Hawaii interagency council for transit-oriented development shall be established within the department of business, economic development, and tourism for administrative purposes.

(b) The Hawaii interagency council for transit-oriented development shall:

(1) Serve as the State's transit-oriented development planning and policy development entity with representation from state and county government and the community;

(2) Formulate and advise the governor on the implementation of a strategic plan to plan for and implement transit-oriented development projects, including mixed-use and affordable for-sale and rental housing projects, on lands in county-designated transit-oriented development areas in each county;

(3) Facilitate the acquisition of funding and resources for state and county transit-oriented development programs, including affordable for-sale and rental housing projects, on state and county lands;

(4) Monitor the preparation and conduct of plans and studies to facilitate implementation of state transit-oriented development plans prepared pursuant to this section, including but not limited to the preparation of site or master plans and implementation plans and studies;

(5) Review all capital improvement project requests to the legislature for transit-oriented development projects, including mixed-use and affordable for-sale and rental housing projects, on lands within county-designated transit-oriented development areas or within a one-half-mile radius of public transit stations, if a county has not designated transit-oriented development zones;

(6) Recommend policy, regulatory, and statutory changes, and identify resource strategies for the successful execution of the strategic plan;

(7) Assemble accurate fiscal and demographic information to support policy development and track outcomes;

(8) Consider collaborative transit-oriented development initiatives of other states that have demonstrated positive outcomes; and

(9) Report annually to the governor, the legislature, and the mayor of each county on the progress of its activities, including formulation and progress on the strategic plan no later than twenty days prior to the convening of each regular session.

(c) The strategic plan developed by the Hawaii interagency council for transit-oriented development shall:

(1) Coordinate with the counties on transit-oriented development;

(2) For each county, compile an inventory of state, county, and private-sector transit-oriented development projects lacking infrastructure, identifying the type of infrastructure each project lacks, and the approximate time frame when additional capacity is needed;

(3) Prioritize the development of transit-oriented development projects, including mixed-use and affordable for-sale and rental housing projects, on state and county lands;

(4) Identify financing and prioritize state financing for the public infrastructure, facility, and service investments required to support transit-oriented development, mixed-use, and affordable for-sale and rental housing in county-designated transit-oriented development areas;

(5) Encourage and promote partnerships between public and private entities to identify, renovate, and secure affordable housing options on state and county lands within county-designated transit-oriented development areas or within a one-half-mile radius of public transit stations, if a county has not designated transit-oriented development areas; and

(6) Delineate for each county, transit-oriented development areas within which transit-rich, pedestrian-oriented development is desired and investment in transit-oriented development and supporting infrastructure is to be directed.

(d) For the purposes of this section and implementation of the strategic plan statewide:

"County-designated transit-oriented development area" means a geographic area designated by a county for transit-oriented development by an adopted ordinance, plan, or resolution, and delineated in the strategic plan pursuant to this section, that generally consists of lands within a one-half-mile radius of a transit hub or transit station; provided that the actual boundaries may differ under specific circumstances.

"Transit-oriented development" means the development of compact, dense, walkable, pedestrian-oriented, mixed-use neighborhoods centered around transit stations or transit hubs of public transit systems. "Transit-oriented development" features a mix of uses, such as housing, office, retail, civic and institutional, and other services and amenities at densities that support transit ridership and walkability.

"Transit-oriented development project" means a development project located within a geographic area designated as a transit-oriented development area by the county with a medium- to high-density mix of uses, such as housing, office, retail, and other amenities, that is designed to promote walkability and safe and convenient access to transit services. [L 2016, c 130, pt of §2; am L 2025, c 159, §5]
Haw. Rev. Stat. § 212-3 — HI Code / Division 1 / Title 13 / Chapter 212 / Section 212-3
Designation and approval of governor for application.
Status: in_force

Any public corporation which is duly designated and approved by the governor may make application to the Foreign-Trade Zones Board of the United States for the purpose of establishing, operating, and maintaining a foreign-trade zone in accordance with the Act of Congress in any port of entry in the State.
Haw. Rev. Stat. § 212-4 — HI Code / Division 1 / Title 13 / Chapter 212 / Section 212-4
Grant of authority to governor; rules and regulations.
Status: in_force

The governor may do all things necessary and proper to carry into effect the establishing, maintaining, and operating of foreign-trade zones, and make such rules and regulations concerning the operation, maintenance, and policing of the zone as may be necessary to comply with the Act of Congress. All rules and regulations established under this chapter shall be adopted and promulgated pursuant to chapter 91.
Haw. Rev. Stat. § 201H-51 — HI Code / Division 1 / Title 13 / Chapter 201H / Section 201H-51
Corporation's right to repurchase or rent real property; authority to seek recovery.
Status: in_force

(a) Notwithstanding any provisions to the contrary, during the period in which the restrictions in section 201H-47 are in effect, the following provisions shall apply when dwelling units developed, constructed, financed, purchased, or sold pursuant to Act 105, Session Laws of Hawaii 1970, as amended, are found to have a substantial construction defect, or when vacant lands developed, financed, purchased, or sold pursuant to Act 105, Session Laws of Hawaii 1970, as amended, are found to have a substantial soil defect:

(1) The corporation shall have the right, but not the obligation, to repurchase a dwelling unit or land that has a defect, regardless of whether or not the owner wishes to sell; provided that those repurchases shall be in accordance with the following provisions:

(A) The corporation may repurchase a dwelling unit or land if:

(i) The dwelling unit or land is deemed unsafe by the county building department;

(ii) The defects are irreparable; or

(iii) In the opinion of the corporation, the defect is of such magnitude that it will take longer than one year to repair;

(B) The corporation's purchase price shall be based on the formula set forth in section 201H‑47(a)(1);

(C) After repairs to the unit or land are completed, the former owner shall have the first right of refusal to repurchase the real property;

(D) The corporation shall give preference in all other projects of the corporation to all owners whose real property is repurchased by the corporation under this subsection, and the corporation may waive certain eligibility requirements for these owners; and

(E) If the corporation exercises its right to repurchase defective real property against an owner's wishes pursuant to this paragraph, the corporation shall provide relocation assistance to that owner as provided in chapter 111;

(2) If the corporation does not opt to repurchase defective real property, the corporation shall also have the right, but not the obligation, to enter into a contract to repair a dwelling unit which has a construction defect or land which has a soil defect. During the period that the real property is being repaired, the corporation shall rent that real property from the owner for an amount not to exceed the owner's present mortgage payments; and

(3) If the corporation does not execute either a contract to repurchase the real property or an agreement to repair and rent the real property within ninety days after written notice is given to the corporation of a construction defect, the owner may pursue any other available legal remedies.

For the purposes of this section:

"Substantial construction defect" includes but is not limited to:

(1) Structural defects such as shifting foundations and bearing walls;

(2) Structural deficiencies due to the use of defective or undersized materials; and

(3) Defects affecting the health and safety of occupants.

"Substantial soil defect" means shifting, sliding, or sinking ground of such degree as to affect the dwelling unit on the land or the health and safety of the occupants of the land.

(b) If moneys are expended by the corporation pursuant to subsection (a)(1) and (2), the corporation shall have the authority to take necessary legal action against the developer, co‑developer, general contractor, and their subcontractors, consultants, and other parties notwithstanding chapter 657.

(c) If real property developed, constructed, financed, purchased, or sold pursuant to Act 105, Session Laws of Hawaii 1970, as amended, is found to have a substantial construction or soil defect, the corporation shall have the right, but not the obligation, to file or cause to be filed a legal action on behalf of or by the owner or lessee of the real property for the recovery of damages or for injunctive relief against the developer, co-developer, general contractor, and their subcontractors, consultants, and other parties notwithstanding chapter 657. Additionally, notwithstanding any provision of rule 23 of the Hawaii rules of civil procedure, the corporation may file or cause to be filed a legal action brought under this subsection as a class action on behalf of or by at least two owners or lessees of real property that have similar substantial construction or soil defects.

(d) Nothing in this chapter shall be construed to diminish the rights or remedies of the corporation otherwise provided under common law, by law, or by contract.

(e) The corporation shall adopt rules pursuant to chapter 91 necessary for the purposes of this section.

(f) This section shall not apply to a particular real property and shall not apply after subsequent transfers of title of that real property if the corporation releases the restrictions when the real property is financed under a federally subsidized mortgage program.

(g) If any subsection, sentence, clause, or phrase of this section, or its application to any person or transaction or other circumstances, is for any reason held to be unconstitutional or invalid, the remaining subsections, sentences, clauses, and phrases of this section, or the application of this section to other persons or transactions or circumstances, shall not be affected. The legislature hereby declares that it would have passed this section and each subsection, clause, or phrase thereof, irrespective of the fact that any one or more subsections, sentences, clauses, or phrases of this section, or its application to any person or transaction or other circumstance, may be declared unconstitutional or invalid. [L 2006, c 180, pt of §3]
Haw. Rev. Stat. § 206E-5.6 — HI Code / Division 1 / Title 13 / Chapter 206E / Section 206E-5.6
Public hearing for decision-making; separate hearings required; contested case hearing; judicial review.
Status: in_force

(a) When rendering a decision regarding:

(1) An amendment to any of the authority's community development rules established pursuant to chapter 91 and section 206E‑7; or

(2) The acceptance of a developer's proposal to develop lands under the authority's control,

the authority shall render its decision at a public hearing separate from the hearing that the proposal under paragraph (1) or (2) was presented.

(b) The authority shall issue a public notice in accordance with section 1‑28.5 and post the notice on its website; provided that the decision-making hearing shall not occur earlier than five business days after the notice is posted. Public notice issued pursuant to this subsection for public hearings on the acceptance of a developer's proposal to develop lands under the authority's control shall state that any written motion to intervene as a formal party to the proceeding shall be received within twenty days after the publication date of the public notice.

(c) Prior to rendering a decision, the authority shall provide the general public with the opportunity to testify at its decision-making hearing; provided that members of the public who are not intervenors in the proceeding shall not be considered formal parties to the proceeding.

(d) The authority shall notify the president of the senate and speaker of the house:

(1) Of any public hearing upon posting of the hearing notice; and

(2) With a report detailing the public's reaction at the public hearing, within one week after the hearing.

(e) When considering any developer's proposal to develop lands under the authority's control that includes any request for a variance, exemption, or modification of a community development plan or of the authority's community development rules, the authority shall consider the request for variance, exemption, or modification at a public hearing, noticed in accordance with section 1-28.5, separate from and subsequent to the hearing at which the developer's proposal was presented; provided that the authority may consider all requests applicable to a single proposal at the same public hearing. The authority's decision on requests subject to this subsection shall be rendered at the decision-making hearing on the developer's proposal.

(f) No final decision of the authority on a developer's proposal shall be issued until after all proceedings required by this section are finally concluded.

(g) Proceedings regarding the acceptance of a developer's proposal to develop lands under the authority's control shall be considered a contested case hearing.

(h) Any party aggrieved by a final decision of the authority regarding the acceptance of a developer's proposal to develop lands under the authority's control may seek judicial review of the decision within thirty days. Chapter 91 shall apply to the judicial review 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.

(i) 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.

(j) The authority shall not approve any developer's proposal to develop lands under the authority's control unless the authority finds that the proposed development project is reasonable and is consistent with the development rules and policies of the relevant development district. In making its finding pursuant to this subsection, the authority shall consider:

(1) The extent to which the proposed project:

(A) Advances the goals, policies, and objectives of the applicable district plan;

(B) Protects, preserves, or enhances desirable neighborhood characteristics through compliance with the standards and guidelines of the applicable district rules;

(C) Avoids a substantially adverse effect on surrounding land uses through compatibility with the existing and planned land use character of the surrounding area; and

(D) Provides housing opportunities for all income groups, particularly low, moderate, and other qualified income groups;

(2) The impact of the proposed project on the following areas of urban design, as applicable:

(A) Pedestrian oriented development, including complete streets design;

(B) Transit oriented development, including rail, bus, and other modes of rapid transit; and

(C) Community amenities such as gathering places, community centers, culture and arts facilities, and the full array of public facilities normally provided by the public sector;

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

(A) Preservation of important natural systems or habitats;

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

(C) Maintenance of other resources relevant to the State's economy;

(D) Commitment of state funds and resources;

(E) Employment opportunities and economic development; and

(F) Maintenance and improvement of the quality of educational programs and services provided by schools;

(4) The representations and commitments made by the developer in the permit application process. [L 2006, c 251, pt of §1; am L 2014, c 61, §6; am L 2016, c 48, §§8, 14; am L 2017, c 12, §76 and c 99, §1; am L 2019, c 213, §1]
Haw. Rev. Stat. § 206J-14 — HI Code / Division 1 / Title 13 / Chapter 206J / Section 206J-14
Bonds exempt from taxation.
Status: in_force

Bonds and the income therefrom issued pursuant to this chapter shall be exempt from all state and county taxation except estate and transfer taxes.
Haw. Rev. Stat. § 201H-231 — HI Code / Division 1 / Title 13 / Chapter 201H / Section 201H-231
Assistance by state and county agencies.
Status: in_force

Any state or county agency, upon request of the corporation, may render services for the purposes of this part.
Haw. Rev. Stat. § 229-2 — HI Code / Division 1 / Title 13 / Chapter 229 / Section 229-2
Hawaii sister-state and international partnerships commission.
Status: in_force

(a) There is established within the department of business, economic development, and tourism, for administrative purposes only, the Hawaii sister-state and international partnerships commission.

(b) The commission shall support the governor, legislature, and office of international affairs in building and maintaining strategic long-term sister-state or province partnerships that promote and enrich the people, cultures, environments, and economies of the State and its international partners.

(c) The commission shall consist of the following members:

(1) Three members appointed by the governor, with the advice and consent of the senate; provided that two of the three members appointed by the governor shall be from a list of at least three nominees submitted respectively by the:

(A) Office of Hawaiian affairs; and

(B) Center for cultural and technical interchange between East and West, Inc.;

(2) One member appointed by the president of the senate;

(3) One member appointed by the speaker of the house of representatives; and

(4) The chairs of the respective senate and house committees with jurisdiction over international affairs or intergovernmental affairs, who shall serve as ex-officio, non-voting members of the commission.

(d) The commission shall elect from among its members a chairperson and vice chairperson.

(e) Members of the commission shall serve without compensation but shall be reimbursed for expenses, including travel expenses, necessary for the performance of their duties. [L 2006, c 150, pt of §2; am L 2025, c 158, §7]
Haw. Rev. Stat. § 209E-8 — HI Code / Division 1 / Title 13 / Chapter 209E / Section 209E-8
Rules.
Status: in_force

Rules prescribing procedures effectuating the purpose of this chapter shall be adopted by the department in consultation with the department of taxation pursuant to chapter 91.
Haw. Rev. Stat. § 206J-2 — HI Code / Division 1 / Title 13 / Chapter 206J / Section 206J-2
Definitions.
Status: in_force

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

"Board" means the board of directors of the development corporation established in section 206J-4, and any successor thereto.

"Bonds" means revenue bonds, special facilities revenue bonds, notes, or other instruments of indebtedness of the development corporation issued under this chapter and shall include refunding bonds.

"Development corporation" means the Aloha Tower development corporation established by section 206J-4.

"Maritime" means the administration of chapter 266 by the department of transportation.

"Project" means an undertaking of work or improvement of public or private real or personal property or any interest therein, developed, acquired, constructed, reconstructed, rehabilitated, improved, altered, or repaired by the development corporation, by itself or in conjunction with qualified persons, and including public facilities and, any law to the contrary notwithstanding, facilities for and functionally related and subordinate to maritime purposes.

"Project cost" means the total cost in carrying out all undertakings that the development corporation deems reasonable and necessary for the development of a project, including but not limited to the cost of studies, surveys, plans, and specifications, architectural, design, engineering, or any other special related services; the cost of site preparation and development, demolition, construction, reconstruction, rehabilitation, and improvement; the cost of financing such project, including interest on bonds issued to finance such project from the date thereof to the estimated date of completion of such project as determined by the board; the cost of an allocable portion of the administrative and operating expenses of the development corporation related to the development of such project; and the cost of any indemnity and surety bonds, premiums on policies of insurance, legal fees, and fees and expenses of trustees, depositories, and paying agents for the bonds; all as the development corporation shall deem necessary.

"Public agency" means any office, department, board, commission, bureau, division, public corporation, agency, or instrumentality of the federal, state, or county government.

"Public facilities" means streets, utility and service corridors, and utility lines where applicable, sufficient to adequately service developable improvements in the area, parking garages, sidewalks, pedestrian ways, parks, and other community facilities.

"Qualified person" means any individual, partnership, corporation, or any public agency, possessing the competence, expertise, experience, and resources, including financial, personnel, and tangible resources, required for the purposes of the project and such other qualifications as may be deemed desirable by the development corporation in administering this chapter.

"Real property" means lands, structures, and interests therein and natural resources including water, minerals, and all such things connected with land, including lands under water and riparian rights, space rights, and air rights and any and all other things and rights usually included within the term. Real property also means any and all interests in such property less than fee title, such as leasehold interests, easements, incorporeal hereditaments, and every estate, interest, or right, legal or equitable, including terms for years and liens thereon by way of judgments, mortgages, or otherwise. [L 1981, c 236, pt of §1; am L 1982, c 250, §1; am L 1986, c 146, §2; am L 1988, c 356, §2; am L 2008, c 200, §3]
Haw. Rev. Stat. § 207-4 — HI Code / Division 1 / Title 13 / Chapter 207 / Section 207-4
Contract with lending institution.
Status: in_force

The director of finance may, and as far as practicable shall, contract with lending institutions for the processing of applications for loans of state funds and the servicing of these loans. The servicing shall be performed only by the lending institution which makes the loan for the principal cost of construction. In furtherance of the purposes of this part the contract may provide for the loan of state funds to be repaid after the funds of the lending institution are repaid in full and for payment to lending institutions for servicing the State's portion of the total loan and may include other terms deemed appropriate by the director of finance.
Haw. Rev. Stat. § 201H-75 — HI Code / Division 1 / Title 13 / Chapter 201H / Section 201H-75
Trustee; designation, duties.
Status: in_force

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

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

(c) The trustee shall also be authorized by the corporation to hold and administer any housing project bond revolving funds and housing loan program revenue bond revolving funds established pursuant to section 201H-80. The trustee may receive and receipt for, hold, and administer the revenues derived by the corporation from any housing project or projects or loan program for which the bonds are issued or the projects or loan programs pledged to the payment of the bonds. The trustee shall apply the revenues to the payment of the cost of administering, operating, and maintaining the housing project or projects or loan program; to pay the principal of and the interest on the bonds; to the establishment of reserves; and to other purposes as may be authorized in the proceedings providing for the issuance of the bonds.

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

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

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

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

(f) Nothing in this part shall limit or be construed to limit the powers granted to the director of finance in sections 36‑3, 39-13, and 39-68(a), to appoint the trustee or others as fiscal agents, paying agents, and registrars for the bonds or to authorize and empower those fiscal agents, paying agents, and registrars to perform the functions referred to in those sections. [L 2006, c 180, pt of §4; am L 2015, c 237, §15]
Haw. Rev. Stat. § 209E-10 — HI Code / Division 1 / Title 13 / Chapter 209E / Section 209E-10
State business tax credit.
Status: in_force

(a) The department shall certify annually to the department of taxation the applicability of the tax credit provided in this chapter for a qualified business against any taxes due the State. Except for the general excise tax, the credit shall be eighty per cent of the tax due for the first tax year, seventy per cent of the tax due for the second tax year, sixty per cent of the tax due for the third year, fifty per cent of the tax due the fourth year, forty per cent of the tax due the fifth year, thirty per cent of the tax due the sixth year, and twenty per cent of the tax due the seventh year. For qualified businesses engaged in the manufacturing of tangible personal property or the producing or processing of agricultural products, the credit shall continue after the seventh year at the rate of twenty per cent of the tax due for each of the subsequent three tax years. Any tax credit not usable shall not be applied to future tax years.

(b) When a partnership is eligible for a tax credit under this section, each partner shall be eligible for the tax credit provided for in this section on the partner's income tax return in proportion to the amount of income received by the partner from the partnership. Any qualified business having taxable income from business activity, both within and without the enterprise zone, shall allocate and apportion its taxable income attributable to the conduct of business. Tax credits provided for in this section shall only apply to taxable income of a qualified business attributable to the conduct of business within enterprise zones located within the same county.

(c) In addition to any tax credit authorized under this section, any qualified business shall be entitled to a tax credit against any taxes due the State in an amount equal to a percentage of unemployment taxes paid. The amount of the credit shall be equal to eighty per cent of the unemployment taxes paid during the first year, seventy per cent of the taxes paid during the second year, sixty per cent of the taxes paid during the third year, fifty per cent of the taxes paid during the fourth year, forty per cent of the taxes paid during the fifth year, thirty per cent of the taxes paid during the sixth year, and twenty per cent of the taxes paid during the seventh year. For qualified businesses engaged in the manufacturing of tangible personal property or the producing or processing of agricultural products, the credit shall continue after the seventh year in an amount equal to twenty per cent of the taxes paid during each of the subsequent three tax years.

(d) Tax credits provided for in subsection (c) shall only apply to the unemployment tax paid on employees employed at the qualified business' establishment or establishments within enterprise zones located within the same county. Any tax credit not usable shall not be applied to future tax years. [L 1986, c 78, pt of §1; am L 1989, c 390, §5; am L 2009, c 174, §5]
Haw. Rev. Stat. § 202-1 — HI Code / Division 1 / Title 13 / Chapter 202 / Section 202-1
Council; appointment; tenure.
Status: in_force

[(a)] The advisory commission on employment and human resources is hereby constituted as the workforce development council. The council shall also fulfill the functions of the state workforce development board for purposes of the federal Workforce Innovation and Opportunity Act of 2014, P.L. No. 113-128.

(b) Except for the ex officio members or their designees, the council members shall be appointed by the governor for four-year staggered terms as provided for in section 26-34. The governor shall appoint the chairperson of the council. The council shall be constituted as provided by P.L. 113-128 (29 U.S.C. 3111) of the following members:

(1) The directors of labor and industrial relations and business, economic development, and tourism; the superintendent of education; and the president of the University of Hawaii or their designees, as ex officio, voting members;

(2) The administrator of the division of vocational rehabilitation, department of human services, as an ex officio, voting member;

(3) The private sector chairpersons of the four county workforce development boards, or their designees from the private sector membership of their respective boards, as ex officio, voting members;

(4) Seventeen representatives from the private sector, including nonprofit organizations and businesses in the State, appointed from individuals nominated by state business organizations and business trade associations;

(5) Eight representatives from labor organizations and workforce training organizations, two or more of whom shall be representatives of labor organizations who have been nominated by state labor federations, and one of whom shall be a labor representative from a community-based native Hawaiian organization that operates workforce development programs;

(6) A member of each house of the legislature, for two-year terms beginning in January of odd-numbered years, appointed by the appropriate presiding officer of each house, as ex officio, voting members;

(7) The four mayors or their designees, as ex officio, voting members; and

(8) The governor or the governor's designee.

[(c)] Council members shall serve without compensation but shall be reimbursed for travel expenses necessary for the performance of their duties.

[(d)] From June 6, 2016, and until such time that the council has forty-one members, sixteen council members shall constitute a quorum to do business, and the concurrence of at least sixteen council members shall be necessary to make any action of the council valid.

[(e)] All council members may continue to serve on the council until their respective successors have been appointed. A person appointed to fill a vacancy shall serve the remainder of the term of the person's predecessor. [L 1965, c 270, §2; Supp, §98W-2; HRS §202-1; am L 1970, c 170, §1; am L 1977, c 19, §1; am L 1985, c 252, §2; am L 1997, c 346, §2; am L 1999, c 72, §3; am L 2000, c 104, §1; am L 2005, c 179, §4; am L 2016, c 57, §2; am L 2021, c 235, §1]

Revision Note

In subsection (d), "June 6, 2016" substituted for "the effective date of Act [57], Session Laws of Hawaii 2016" pursuant to §23G-15.
Haw. Rev. Stat. § 206-25 — HI Code / Division 1 / Title 13 / Chapter 206 / Section 206-25
Duty to make reports.
Status: in_force

The board of land and natural resources shall, at least once a year, file with the governor and with the legislature, within ten days after the convening of a regular session, general and budget, a report of its activities for the preceding year, and shall recommend such additional legislation or other action that may be necessary, to carry out the purposes of this chapter.
Haw. Rev. Stat. § 201H-50 — HI Code / Division 1 / Title 13 / Chapter 201H / Section 201H-50
Restrictions on use, sale, and transfer of real property; effect of amendment or repeal.
Status: in_force

(a) Restrictions on the use, sale, and transfer of real property shall be made as uniform as possible in application to purchasers of all real property, and restrictions shall be conformed with agreement of the purchaser to reflect change or repeal made by any subsequent legislative act, ordinance, rule, or regulation. Purchasers shall be permitted at their election to sell or transfer real property subject to restrictions in effect at the time of their sale or transfer; provided that the corporation is paid its share of appreciation in the real property as determined by rules adopted pursuant to chapter 91, as applicable.

(b) The corporation, any department of the State, or any county housing agency maintaining restrictions, through contract, deed, other instrument, or by rule, shall notify purchasers of any substantial change in restrictions made by law, ordinance, rule, or regulation not more than one hundred eighty days after a change in restrictions. The notice shall clearly state the enacted or proposed new provisions, the date or dates upon which they are to be effective, and offer to each purchaser of real property constructed and sold prior to the effective date an opportunity to modify the existing contract or other instrument to incorporate the most recent provisions. Public notice shall also be given at least three times in the State for state agencies and at least three times in a county for county agencies.

(c) For all purchasers of real property prior to June 25, 1990, where the restrictions on use and transfer of property apply for a period of time, the period of time shall not be increased beyond the date calculated from the date of original purchase.

(d) No purchaser shall be entitled to modify the restrictions on use, transfer, or sale of the real property, without the written permission of the holder of a duly-recorded first mortgage on the dwelling unit and the owner of the fee simple or leasehold interest in the land underlying the unit, unless the holder of the first mortgage or the owner is an agency of the State or its political subdivisions.

(e) This section shall apply to all real property developed, constructed, and sold pursuant to this chapter and similar programs in the State or its political subdivisions and which are sold on the condition that the purchaser accepts restrictions on the use, sale, or transfer of interest in the real property purchased.

(f) The provisions of this section shall be incorporated in any deed, lease, instrument, rule, or regulation relating to restrictions on use, sale, or transfer of dwelling units, entered into after June 20, 1977.

(g) The restrictions of this section shall terminate as to a particular real property and shall not attach in subsequent transfers of title of that real property if the corporation releases the restrictions when the real property is financed under a federally subsidized mortgage program. [L 2006, c 180, pt of §3; am L 2009, c 38, §3]
Haw. Rev. Stat. § 201-83 — HI Code / Division 1 / Title 13 / Chapter 201 / Section 201-83
Rules.
Status: in_force

The department may adopt rules in accordance with chapter 91 for the purposes of this part.

Revision Note

"Part" substituted for "chapter" pursuant to §23G-15.
Haw. Rev. Stat. § 226-17 — HI Code / Division 1 / Title 13 / Chapter 226 / Section 226-17
Objectives and policies for facility systems--transportation.
Status: in_force

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

(1) An integrated multi-modal transportation system that services statewide needs and promotes the efficient, economical, safe, and convenient movement of people and goods.

(2) A statewide transportation system that is consistent with and will accommodate planned growth objectives throughout the State.

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

(1) Design, program, and develop a multi-modal system in conformance with desired growth and physical development as stated in this chapter;

(2) Coordinate state, county, federal, and private transportation activities and programs toward the achievement of statewide objectives;

(3) Encourage a reasonable distribution of financial responsibilities for transportation among participating governmental and private parties;

(4) Provide for improved accessibility to shipping, docking, and storage facilities;

(5) Promote a reasonable level and variety of mass transportation services that adequately meet statewide and community needs;

(6) Encourage transportation systems that serve to accommodate present and future development needs of communities;

(7) Encourage a variety of carriers to offer increased opportunities and advantages to interisland movement of people and goods;

(8) Increase the capacities of airport and harbor systems and support facilities to effectively accommodate transshipment and storage needs;

(9) Encourage the development of transportation systems and programs which would assist statewide economic growth and diversification;

(10) Encourage the design and development of transportation systems sensitive to the needs of affected communities and the quality of Hawaii's natural environment;

(11) Encourage safe and convenient use of low-cost, energy-efficient, non-polluting means of transportation;

(12) Coordinate intergovernmental land use and transportation planning activities to ensure the timely delivery of supporting transportation infrastructure in order to accommodate planned growth objectives; and

(13) Encourage diversification of transportation modes and infrastructure to promote alternate fuels and energy efficiency. [L 1978, c 100, pt of §2; am L 1986, c 276, §16; am L 1993, c 149, §1; am L 1994, c 96, §3]
Haw. Rev. Stat. § 206E-247.5 — HI Code / Division 1 / Title 13 / Chapter 206E / Section 206E-247.5
[ §206E-247.
Status: in_force

[ §206E-247.5] Condemnation of real property. The authority, upon making a finding that it is necessary to acquire any real property for its immediate or future use for the purposes of this part, may acquire the property by condemnation pursuant to chapter 101. The property shall not thereafter be taken for any other public use without the consent of the authority. No award of compensation shall be increased by reason of any increase in the value of real property caused by the designation of the transit-oriented development infrastructure improvement program areas, or the actual or proposed acquisition, use, or disposition of any other real property by the authority.
Haw. Rev. Stat. § 211D-11 — HI Code / Division 1 / Title 13 / Chapter 211D / Section 211D-11
State liability prohibited.
Status: in_force

The State is not liable to a participating financial institution for payment of the principal, the interest, or any late charges on a capital access loan made under this chapter.
Haw. Rev. Stat. § 201H-224 — HI Code / Division 1 / Title 13 / Chapter 201H / Section 201H-224
Government employee housing projects; criteria.
Status: in_force

(a) Government employee housing projects developed under this part shall be intended primarily for government employees in the following order of priority:

(1) Newly hired permanent full-time state employees;

(2) Other permanent full-time state employees;

(3) Permanent full-time county employees;

(4) Permanent part-time state and county employees;

(5) Temporary state and county employees; and

(6) The general public.

(b) Sixty per cent of available units shall be for government employees with incomes at or below one hundred forty per cent of the median family income. For the purposes of this part, 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.

(c) Should a state or county employee tenant occupying a rental unit leave employment with the State or a county, the tenant may continue to occupy the unit for up to twelve months. [L 2025, c 166, pt of §2]
Haw. Rev. Stat. § 206-22 — HI Code / Division 1 / Title 13 / Chapter 206 / Section 206-22
Performance bond, procedure.
Status: in_force

Whenever the board of land and natural resources makes or enters into any contract as provided in section 206-21, it shall require a performance and payment bond conditioned, executed, and delivered as provided in chapter 103D.
Haw. Rev. Stat. § 209-3 — HI Code / Division 1 / Title 13 / Chapter 209 / Section 209-3
Duties of state and county department heads.
Status: in_force

Whenever the governor declares a state disaster all executive heads of departments and all county and city and county agencies shall:

(1) Release personnel temporarily from their respective departments or agencies to work as needed under the direction of the rehabilitation coordinator;

(2) Expedite the granting of rehabilitative assistance administered through their respective offices;

(3) Provide the necessary information, records, and assistance for reporting on the rehabilitative efforts following a state disaster; and

(4) Give full cooperation to the coordinator. [L 1961, c 189, §4; Supp, §98P-4; HRS §209-3]
Haw. Rev. Stat. § 205A-43.5 — HI Code / Division 1 / Title 13 / Chapter 205A / Section 205A-43.5
Powers and duties of the authority.
Status: in_force

(a) Prior to action on a variance application, the authority shall hold a public hearing under chapter 91. By adoption of rules under chapter 91, the authority may delegate responsibility to the department. Public and private notice, including reasonable notice to abutting property owners and persons who have requested this notice, shall be provided, but a public hearing may be waived prior to action on a variance application for:

(1) Stabilization of shoreline erosion by the moving of sand entirely on public lands;

(2) Protection of a legal structure or public facility, including any facility owned by a public utility that is regulated pursuant to chapter 269, that does not fix the shoreline, under an emergency authorization issued by the authority; provided that the structure or public facility is at risk of immediate damage from shoreline erosion and the authorization does not exceed three years;

(3) Other structures or activities; provided that no person or agency has requested a public hearing within twenty-five calendar days after public notice of the application; or

(4) Maintenance, repair, reconstruction, and minor additions or alterations of legal boating, maritime, or watersports recreational facilities, that result in little or no interference with natural shoreline processes.

(b) The authority shall either act on variance applications or, by adoption of rules under chapter 91, delegate the responsibility to the department. [L 1989, c 356, pt of §1; am L 2020, c 16, §9]
Haw. Rev. Stat. § 209-7 — HI Code / Division 1 / Title 13 / Chapter 209 / Section 209-7
Closing of application date; position of coordinator terminated.
Status: in_force

[(a)] The governor shall set a date after which no further applications for assistance under this chapter shall be received and may thereafter for good cause extend the date for a reasonable period of time. If no date is set by the governor, no application shall be received six months after the issuance of the governor's proclamation declaring a state disaster.

[(b)] With respect to each state disaster declared by the governor pursuant to section 209-2 the position of rehabilitation coordinator shall be abolished upon completion of the rehabilitation coordinator's duties provided for in this chapter as determined by the governor. [L 1961, c 189, §8; Supp, §98P-8; HRS §209-7; gen ch 1985]
Haw. Rev. Stat. § 226-61 — HI Code / Division 1 / Title 13 / Chapter 226 / Section 226-61
Renumbered as §226-59.
Status: in_force

§226-61 Renumbered as §226-59.
Haw. Rev. Stat. § 205-50 — HI Code / Division 1 / Title 13 / Chapter 205 / Section 205-50
Standards and criteria for the reclassification or rezoning of important agricultural lands.
Status: in_force

(a) Any land use district boundary amendment or change in zoning involving important agricultural lands identified pursuant to this chapter shall be subject to this section.

(b) Upon acceptance by the county for processing, any application for a special permit involving important agricultural lands shall be referred to the department of agriculture and biosecurity and the office of planning and sustainable development for review and comment.

(c) Any decision by the land use commission or county pursuant to this section shall specifically consider the following standards and criteria:

(1) The relative importance of the land for agriculture based on the stock of similarly suited lands in the area and the State as a whole;

(2) The proposed district boundary amendment or zone change will not harm the productivity or viability of existing agricultural activity in the area, or adversely affect the viability of other agricultural activities or operations that share infrastructure, processing, marketing, or other production-related costs or facilities with the agricultural activities on the land in question;

(3) The district boundary amendment or zone change will not cause the fragmentation of or intrusion of nonagricultural uses into largely intact areas of lands identified by the State as important agricultural lands that create residual parcels of a size that would preclude viable agricultural use;

(4) The public benefit to be derived from the proposed action is justified by a need for additional lands for nonagricultural purposes; and

(5) The impact of the proposed district boundary amendment or zone change on the necessity and capacity of state and county agencies to provide and support additional agricultural infrastructure or services in the area.

(d) Any decision pursuant to this section shall be based upon a determination that:

(1) On balance, the public benefit from the proposed district boundary amendment or zone change outweighs the benefits of retaining the land for agricultural purposes; and

(2) The proposed action will have no significant impact upon the viability of agricultural operations on adjacent agricultural lands.

(e) The standards and criteria of this section shall be in addition to:

(1) The decision-making criteria of section 205-17 governing decisions of the land use commission under this chapter; and

(2) The decision-making criteria adopted by each county to govern decisions of county decision-making authorities under this chapter.

(f) Any decision of the land use commission and any decision of any county on a land use district boundary amendment or change in zoning involving important agricultural lands shall be approved by the body responsible for the decision by a two-thirds vote of the membership to which the body is entitled.

(g) A farmer or landowner with qualifying lands may also petition the land use commission to remove the "important agricultural lands" designation from lands if a sufficient supply of water is no longer available to allow profitable farming of the land due to governmental actions, acts of God, or other causes beyond the farmer's or landowner's reasonable control. If the "important agricultural lands" were designated by a declaratory order in combination with the reclassification of land in the agricultural district to the rural, urban, or conservation district pursuant to section 205-45, the commission shall not remove the designation unless the legislature provides prior authorization by adoption of a concurrent resolution in accordance with section 205-45. [L 2005, c 183, pt of §2; am L 2008, c 233, §20; am L 2021, c 153, §8 ; am L 2025, c 236, §17]
Haw. Rev. Stat. § 201H-20 — HI Code / Division 1 / Title 13 / Chapter 201H / Section 201H-20
Subordination of mortgage to agreement with government.
Status: in_force

The corporation may agree in any mortgage made by it that the mortgage shall be subordinate to a contract for the supervision by a governmental agency of the operation and maintenance of the mortgaged property and the construction of improvements thereon. In that event, any purchaser or purchasers at a sale of the property of the corporation pursuant to a foreclosure of the mortgage or any other remedy in connection therewith shall obtain title subject to the contract.
Haw. Rev. Stat. § 201-103 — HI Code / Division 1 / Title 13 / Chapter 201 / Section 201-103
Studies.
Status: in_force

The director of business, economic development, and tourism may conduct studies necessary to prepare recommendations on the development of markets for recycled materials.
Haw. Rev. Stat. § 226-11 — HI Code / Division 1 / Title 13 / Chapter 226 / Section 226-11
Objectives and policies for the physical environment--land-based, shoreline, and marine resources.
Status: in_force

(a) Planning for the State's physical environment with regard to land-based, shoreline, and marine resources shall be directed towards achievement of the following objectives:

(1) Prudent use of Hawaii's land-based, shoreline, and marine resources.

(2) Effective protection of Hawaii's unique and fragile environmental resources.

(b) To achieve the land-based, shoreline, and marine resources objectives, it shall be the policy of this State to:

(1) Exercise an overall conservation ethic in the use of Hawaii's natural resources.

(2) Ensure compatibility between land-based and water-based activities and natural resources and ecological systems.

(3) Take into account the physical attributes of areas when planning and designing activities and facilities.

(4) Manage natural resources and environs to encourage their beneficial and multiple use without generating costly or irreparable environmental damage.

(5) Consider multiple uses in watershed areas, provided such uses do not detrimentally affect water quality and recharge functions.

(6) Encourage the protection of rare or endangered plant and animal species and habitats native to Hawaii.

(7) Provide public incentives that encourage private actions to protect significant natural resources from degradation or unnecessary depletion.

(8) Pursue compatible relationships among activities, facilities, and natural resources.

(9) Promote increased accessibility and prudent use of inland and shoreline areas for public recreational, educational, and scientific purposes. [L 1978, c 100, pt of §2; am L 1986, c 276, §10]
Haw. Rev. Stat. § 201H-94 — HI Code / Division 1 / Title 13 / Chapter 201H / Section 201H-94
Eligible loans.
Status: in_force

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

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

(c) All eligible loans made shall comply with applicable state and federal laws.

(d) Notwithstanding any other provision of law, the corporation may provide homebuyer assistance in conjunction with eligible loans through loans or other means; provided that the homebuyer assistance:

(1) Is repaid through consideration to the corporation, including borrower repayments; and

(2) Meets restrictions and requirements as established in rules adopted by the corporation. [L 2006, c 180, pt of §4; am L 2013, c 135, §3]
Haw. Rev. Stat. § 201H-48 — HI Code / Division 1 / Title 13 / Chapter 201H / Section 201H-48
Exception of current owners in corporation projects.
Status: in_force

The corporation may allow a person who is a current owner of a dwelling unit in a multifamily housing project sponsored by the corporation to apply for the purchase of a larger dwelling unit in a project sponsored by the corporation if the applicant's current family size exceeds the permissible family size for the applicant's current dwelling unit, as determined by prevailing county building or housing codes. The applicant shall be required to sell the applicant's current dwelling unit back to the corporation. Notwithstanding any law to the contrary, any applicant, as it pertains to for-sale housing, shall be a "qualified resident" 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 shall physically reside in the dwelling unit purchased under this section;

(4) In the case of purchase of real property in fee simple or leasehold, has a gross income sufficient to qualify for the loan to finance the purchase; and

(5) Except for the applicant's current residence, meets the following qualifications:

(A) Is a person who either oneself or together with the person's spouse or a 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 a 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, 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. [L 2006, c 180, pt of §3]