reglab/housing_qa huggingface dataset:
HI Rev Stat § 46-85 (2021)
2021 Hawaii Revised Statutes|Title 6. County Organization and Administration|46. General Provisions|46-85 Contracts for solid waste disposal.

  §46-85 Contracts for solid waste disposal. Any other law to the contrary notwithstanding, a county is authorized from time to time to contract with users or operators of a project for the abatement, control, reduction, treatment, elimination, or disposal of solid waste, whether established or to be established under chapter 48E or as a public undertaking, improvement, or system under chapter 47 or 49, or otherwise. The contract may be included in an agreement, may be for such periods as agreed upon by the parties, and, without limiting the generality of the foregoing, may include:  (1) Provisions for the delivery to the project of minimum amounts of solid waste and payments for the use of the project based on the delivery of the minimum amounts (which payments the political subdivision may be obligated to make, whether or not such minimum amounts are actually delivered to the project);  (2) Unit prices, which may be graduated; and  (3) Adjustments of the minimum amounts and the unit prices.  The payments, unit prices, or adjustments need not be specifically stated in the contract but may be determined by formula if set forth in the contract. The contract may include provisions for arbitration and reasonable restrictions against other disposal by the county or by other public or private entities or persons over which the county shall have jurisdiction of the substances covered by the contract while the contract is in force and disposal under the contract is practicable. [L 1983, c 237, pt of §3] Attorney General Opinions  The supreme court in Konno v. County of Hawaii rejected the county's §76-77(10) argument not because this section made no reference to civil service laws but because the court was not convinced that this section's authorization to contract applied to both garbage-to-energy plants and landfills. Att. Gen. Op. 97-6. Case Notes  Landfill worker positions were within civil service where position not specifically exempted by another statute as provided by §76-77(10) and this section mentions nothing about civil service nor does it include a specific exemption. 85 H. 61, 937 P.2d 397.
HI Rev Stat § 46-86 (2021)
2021 Hawaii Revised Statutes|Title 6. County Organization and Administration|46. General Provisions|46-86 Transactions for utility services.

  §46-86 Transactions for utility services. Any other law to the contrary notwithstanding, the disposal of solid waste by a county or project party is a utility service, but shall not place the county or project party in any way under the jurisdiction of the public utilities commission; provided that in the case of a project party, the project party shall not provide any utility services other than the disposal of solid waste or the sales of goods or commodities, including electric energy, produced by the operation of the pollution control project where such sales are made only to registered public utilities, industrial or commercial concerns, or counties or county agencies and not to the general public. If the project party is also a registered public utility, nothing contained in this section shall prohibit the sale of electric energy to the general public. [L 1983, c 237, pt of §3]
HI Rev Stat § 46-87 (2021)
2021 Hawaii Revised Statutes|Title 6. County Organization and Administration|46. General Provisions|46-87 Liquidated damages.

  §46-87 Liquidated damages. Any other law to the contrary notwithstanding, a contract for the provision of utility services, goods, or commodities, including water or electrical energy, by a county or by a project party, may provide for the payment of liquidated damages by a purchaser or by the project party; provided that such liquidated damages provision shall be deemed reasonable and shall be enforceable if measured and established by reference to the proportionate relationship of the payments owed by the party subject to the liquidated damages provision to the total costs of the pollution control project, the cost of maintenance, operation, and repair thereof, and to the total operating capacity thereof. [L 1983, c 237, pt of §3]
HI Rev Stat § 46-89 (2021)
2021 Hawaii Revised Statutes|Title 6. County Organization and Administration|46. General Provisions|46-89 Broadband-related permits; automatic approval.

  §46-89 Broadband-related permits; automatic approval. (a) A county shall approve, approve with modification, or disapprove all applications for broadband-related permits within sixty days of submission of a complete permit application and full payment of any applicable fee. If, on the sixty-first day, an application is not approved, approved with modification, or disapproved by the county, the application shall be deemed approved by the county.  (b) Permits issued pursuant to this section shall contain the following language: "This is a broadband-related permit issued pursuant to section 46-89, Hawaii Revised Statutes."  (c) An applicant and a public utility shall comply with all applicable safety and engineering requirements relating to the installation, improvement, construction, or development of infrastructure relating to broadband service or broadband technology.  (d) No action shall be prosecuted or maintained against any county, its officials, or employees on account of actions taken in reviewing, approving, modifying, or disapproving a permit application pursuant to this section, or against public utilities resulting from such actions.  (e) The sixty day time period established by subsection (a) shall be extended in the event of a natural disaster, state emergency, or union strike that prevents the applicant, agency, or department from fulfilling application review requirements.  (f) If an application is incomplete, the county agency shall notify the applicant in writing within ten business days of submittal of the application. The notice shall inform the applicant of the specific requirements necessary to complete the application. The sixty-first day automatic approval provisions under subsection (a) shall continue to apply to the application only if the applicant satisfies the specific requirements of the notice and submits a complete application within five business days of receipt of the notice.  (g) Nothing in this section shall affect the provisions of section 3 of Act 151, Session Laws of Hawaii 2011.  (h) For the purposes of this section, "broadband-related permits" means all county permits required to commence actions with respect to the installation, improvement, construction, or development of infrastructure relating to broadband service or broadband technology, including the interconnection of telecommunications cables, cable installation, tower construction, placement of broadband equipment in the road rights-of-way, and undersea boring, or the landing of an undersea communications cable. The term does not include any county permit for which the approval of a federal agency is explicitly required pursuant to federal law, rule, or regulation, prior to granting final permit approval by the county. [L 2013, c 264, § §2, 5; am L 2016, c 193, §2] Note  L 2011, c 151, §3, referred to in subsection (g), was amended by L 2013, c 264, §3.
HI Rev Stat § 46-101 (2021)
2021 Hawaii Revised Statutes|Title 6. County Organization and Administration|46. General Provisions|46-101 Short title.

  §46-101 Short title. This part shall be known and may be cited as the "Tax Increment Financing Act". [L 1985, c 267, pt of §1]
HI Rev Stat § 46-103 (2021)
2021 Hawaii Revised Statutes|Title 6. County Organization and Administration|46. General Provisions|46-103 Establishment of tax increment district.

 §46-103 Establishment of tax increment district. Any county council may provide for tax increment financing by approving a tax increment financing plan and adopting an ordinance establishing the tax increment district. The ordinance shall:  (1) Describe the boundaries of the tax increment district;  (2) Provide for the date of commencement of the tax increment district and date of termination of the district;  (3) Provide for the establishment of a tax increment fund for the district; and  (4) Provide for such other matters deemed to be pertinent and desirable for tax increment financing and not inconsistent with any relevant redevelopment plan, community development plan, high technology park plan, or telecommunication development plan. [L 1985, c 267, pt of §1; am L 1987, c 248, §3]
HI Rev Stat § 46-104 (2021)
2021 Hawaii Revised Statutes|Title 6. County Organization and Administration|46. General Provisions|46-104 County powers.

 §46-104 County powers. A county may exercise any power necessary and convenient to establish tax increment districts, including the power to:  (1) Create tax increment districts and determine the boundaries of the districts;  (2) Issue tax increment bonds;  (3) Deposit tax increments into the tax increment fund created for a tax increment district; and  (4) Enter into agreements, including agreements with the redevelopment agency and owners or developers of project lands and bondholders, determined to be necessary or convenient to implement redevelopment plans or community development plans, as the case may be, and achieve their purposes. [L 1985, c 267, pt of §1; am L 1987, c 248, §4]
HI Rev Stat § 46-105 (2021)
2021 Hawaii Revised Statutes|Title 6. County Organization and Administration|46. General Provisions|46-105 Collection of tax increments.

 §46-105 Collection of tax increments. (a) The county by ordinance shall provide for the allocation of real property taxes and tax increments in the manner required by this part.  (b) If a county exercises the power allowed under this part, then commencing with the first payment of real property taxes levied by the county subsequent to the time a tax increment district takes effect, receipts from real property taxes shall be allocated and paid over as follows:  (1) The amount of real property tax produced from the assessment base shall be paid to the county general fund; and  (2) The tax increments produced from the assessment increment in the tax increment district shall be applied as follows:  (A) First, an amount equal to the installment of (i) principal and interest falling due of any tax increment bonds, or (ii) any project cost approved by the county, shall be deposited into the tax increment fund established for the tax increment district.  (B) Second, an amount equal to the adjustment rate times the amount of real property tax produced from the assessment base shall be computed and paid to the county general fund.  (C) Third, the remaining amount of tax increments, if any, shall be deposited into the tax increment fund established for the tax increment district.  (c) The allocation of real property taxes pursuant to this part shall in no way limit the power of the county under section 47-12 to levy ad valorem taxes without limitation as to rate or amount on all real property subject to taxation by the county for the payment of the principal and interest of its general obligation bonds. [L 1985, c 267, pt of §1; am L 1990, c 34, §5]
HI Rev Stat § 46-107 (2021)
2021 Hawaii Revised Statutes|Title 6. County Organization and Administration|46. General Provisions|46-107 Tax increment bond anticipation notes.

 §46-107 Tax increment bond anticipation notes. Whenever the county has authorized the issuance of tax increment bonds under this part, tax increment bond anticipation notes of the county may be issued in anticipation of the issuance of such bonds and of the receipt of the proceeds of sale thereof, for the purposes for which such bonds have been authorized. All tax increment bond anticipation notes shall be authorized by the county, and the maximum principal amount of such notes shall not exceed the authorized principal amount of the bonds. The notes shall be payable solely from and secured solely by the proceeds of sale of the tax increment bonds in anticipation of which the notes are issued and the moneys in the tax increment fund from which would be payable and by which would be secured such bonds; provided that to the extent that the principal of the notes shall be paid from moneys other than the proceeds of sale of such bonds, the maximum amount of bonds authorized in anticipation of which the notes are issued shall be reduced by the amount of notes paid in such manner. The authorization, issuance, and details of such notes shall be governed by this part with respect to tax increment bonds insofar as the same may be applicable; provided that each note, together with renewals and extensions thereof, or refundings thereof by other notes issued under this section, shall mature within five years from the date of the original note. [L 1985, c 267, pt of §1]
HI Rev Stat § 46-108 (2021)
2021 Hawaii Revised Statutes|Title 6. County Organization and Administration|46. General Provisions|46-108 Annual report.

 §46-108 Annual report. The county council by ordinance may require the director of finance to prepare a report to the county council on the status of the tax increment district. The county council shall determine what information and data are required to be included in the report. [L 1985, c 267, pt of §1]
HI Rev Stat § 46-109 (2021)
2021 Hawaii Revised Statutes|Title 6. County Organization and Administration|46. General Provisions|46-109 Termination of a tax increment district.

 §46-109 Termination of a tax increment district. A tax increment district shall terminate at the time designated in the ordinance creating the district or at an earlier time designated by a subsequent ordinance, but in no event shall the district terminate until such time as all project costs and tax increment bonds issued for the district and the interest thereon, have been paid in full, or sufficient funds have been irrevocably deposited in a special fund or other escrow account held in trust for all outstanding tax increment bonds issued for such district to provide for the payment of such bonds at maturity or date of redemption and interest and premium, if any, thereon. [L 1985, c 267, pt of §1]
HI Rev Stat § 46-110 (2021)
2021 Hawaii Revised Statutes|Title 6. County Organization and Administration|46. General Provisions|46-110 Tax increment fund.

 §46-110 Tax increment fund. (a) Money shall be disbursed from the tax increment fund for a tax increment district only to satisfy the claims of holders of tax increment bonds issued for the tax increment district or to pay project costs for the district, or to make payments to the county as provided by subsection (c).  (b) Subject to an agreement with the holders of tax increment bonds, money in a tax increment fund may be temporarily invested in the same manner as other funds of the county.  (c) In any year in which the tax increment exceeds the amount necessary to pay all project costs and all installments of principal and interest of tax increment bonds issued for a tax increment district falling due and the amount paid to the county general fund pursuant to section 46-105(b)(2)(B), and subject to any agreement with bondholders, any excess money in the fund at the option of the county council, shall be used to redeem or purchase any outstanding tax increment bonds issued for the district, discharge the pledge of tax increment therefor, be paid into an escrow account dedicated to the payment of such bonds, be paid over to the county general fund, or any combination thereof. [L 1985, c 267, pt of §1]
HI Rev Stat § 46-111 (2021)
2021 Hawaii Revised Statutes|Title 6. County Organization and Administration|46. General Provisions|46-111 Computation of tax increment.

 §46-111 Computation of tax increment. (a) Upon or after creation of a tax increment district, the director of finance of the county in which the district is situated shall certify the assessment base of the tax increment district and shall certify in each year thereafter the amount by which the assessment base has increased or decreased as a result of a change in tax exempt status of property within the district, or reduction or enlargement of the district. The amount to be added to the assessment base of the district as a result of previously tax exempt real property within the district becoming taxable shall be equal to the assessed value of the real property as most recently assessed or, if the assessment was made more than one year prior to the date of transfer rendering the property taxable, the value which shall be assessed by the director of finance at the time of such transfer. The amount to be added to the assessment base of the district as a result of enlargements thereof shall be equal to the assessed value of the additional real property as most recently certified by the director of finance as of the date of modification of the tax increment financing plan. The amount to be subtracted from the assessment base of the district as a result of previously taxable real property within the district becoming tax exempt, or a reduction in the geographic area of the district, shall be the amount of assessment base initially attributed to the property becoming tax exempt or being removed from the district.  If the assessed value of property located within the tax increment district is reduced by reason of a court-ordered abatement, stipulated agreement, or voluntary abatement made by the director of finance, the reduction shall be applied to the assessment base of the district when the property upon which the abatement is made has not been improved since the date of creation of the district, and to the assessment increment of the district in each year thereafter when the abatement relates to improvements made after the date of creation.  (b) The director of finance shall certify the amount of the assessment increment to the county and redevelopment agency each year, together with the proportion that the assessment increment bears to the total assessed value of the real property within the tax increment district for that year. [L 1985, c 267, pt of §1] Revision Note  Subsection (a) designation added.
HI Rev Stat § 46-112 (2021)
2021 Hawaii Revised Statutes|Title 6. County Organization and Administration|46. General Provisions|46-112 Tax on leased redevelopment property.

 §46-112 Tax on leased redevelopment property. Whenever property in the tax increment district has been redeveloped and thereafter is leased by the county or redevelopment agency to any person or whenever the county or agency leases real property in any tax increment district to any person for redevelopment, the property shall be assessed and taxed in the same manner as privately owned property, and the lease or contract shall provide that the lessee shall pay taxes upon the assessed value of the entire property and not merely the assessed value of the lessee's leasehold interest. [L 1985, c 267, pt of §1]
HI Rev Stat § 46-113 (2021)
2021 Hawaii Revised Statutes|Title 6. County Organization and Administration|46. General Provisions|46-113 Cumulative effect.

 §46-113 Cumulative effect. Neither this part nor anything contained in this part shall be construed as a restriction or limitation upon any power which a county might otherwise have under any law of this State, but shall be construed as cumulative. The authorization granted may be carried out by the county council acting at any regular or special meeting. [L 1985, c 267, pt of §1]
HI Rev Stat § 46-122 (2021)
2021 Hawaii Revised Statutes|Title 6. County Organization and Administration|46. General Provisions|46-122 Definitions.

  §46-122 Definitions. The following terms when used in this chapter shall have the following respective meanings:  "County executive agency" means any department, office, board, or commission of a county.  "County legislative body" means the city council or county council of a county.  "Person" means an individual, group, partnership, firm, association, corporation, trust, governmental agency, governmental official, administrative body, or tribunal or any form of business or legal entity.  "Principal" means a person who has entered into a development agreement pursuant to the procedures specified in this chapter, including a successor in interest. [L 1985, c 48, pt of §1] Revision Note  Definitions rearranged.
HI Rev Stat § 46-123 (2021)
2021 Hawaii Revised Statutes|Title 6. County Organization and Administration|46. General Provisions|46-123 General authorization.

  §46-123 General authorization. Any county by ordinance may authorize the executive branch of the county to enter into a development agreement with any person having a legal or equitable interest in real property, for the development of such property in accordance with this part; provided that such an ordinance shall:  (1) Establish procedures and requirements for the consideration of development agreements upon application by or on behalf of persons having a legal or equitable interest in the property, in accordance with this part;  (2) Designate a county executive agency to administer the agreements after such agreements become effective;  (3) Include provisions to require the designated agency to conduct a review of compliance with the terms and conditions of the development agreement, on a periodic basis as established by the development agreement; and  (4) Include provisions establishing reasonable time periods for the review and appeal of modifications of the development agreement. [L 1985, c 48, pt of §1]
HI Rev Stat § 46-124 (2021)
2021 Hawaii Revised Statutes|Title 6. County Organization and Administration|46. General Provisions|46-124 Negotiating development agreements.

  §46-124 Negotiating development agreements. The mayor or the designated agency appointed to administer development agreements may make such arrangements as may be necessary or proper to enter into development agreements, including negotiating and drafting individual development agreements; provided that the county has adopted an ordinance pursuant to section 46-123.  The final draft of each individual development agreement shall be presented to the county legislative body for approval or modification prior to execution. To be binding on the county, a development agreement must be approved by the county legislative body and executed by the mayor on behalf of the county. County legislative approval shall be by resolution adopted by a majority of the membership of the county legislative body. [L 1985, c 48, pt of §1]
HI Rev Stat § 46-125 (2021)
2021 Hawaii Revised Statutes|Title 6. County Organization and Administration|46. General Provisions|46-125 Periodic review; termination of agreement.

  §46-125 Periodic review; termination of agreement. (a) If, as a result of a periodic review, the designated agency finds and determines that the principal has committed a material breach of the terms or conditions of the agreement, the designated agency shall serve notice in writing, within a reasonable time period after the periodic review, upon the principal setting forth with reasonable particularity the nature of the breach and the evidence supporting the finding and determination, and providing the principal a reasonable time period in which to cure such material breach.  (b) If the principal fails to cure the material breach within the time period given, then the county unilaterally may terminate or modify the agreement; provided that the designated agency has first given the principal the opportunity, (1) to rebut the finding and determination; or (2) to consent to amend the agreement to meet the concerns of the designated agency with respect to the finding and determination. [L 1985, c 48, pt of §1]