reglab/housing_qa huggingface dataset:
HI Rev Stat § 39A-191 (2021)
2021 Hawaii Revised Statutes|Title 5. State Financial Administration|39A. Special Purpose Revenue Bonds|39A-191 Definitions.

Note Part heading amended by L 2012, c 242, §1. §39A-191 Definitions. Whenever used in this part, unless a different meaning clearly appears from the context:  "Department" means the department of budget and finance.  "Energy project" means any facilities for each single project or multiproject program of a project party, including a publicly owned energy cooperative, which is certified by the public utilities commission as being for the local furnishing of electric energy or gas; provided that any new generating unit for the production or generation of electric energy from fossil fuels shall not be considered an energy project for purposes of this part unless specifically authorized in any act providing for the authorization of the issuance of bonds pursuant to this part.  "Local furnishing of electric energy or gas" means providing property or land that is or will be:  (1) Depreciable property or land;  (2) Used to produce, collect, generate, transmit, store, distribute, or convey electric energy or gas, including without limitation, air or water pollution control facilities;  (3) Used in the trade or business of furnishing electric energy or gas; and  (4) Part of a system providing service to the general public of not more than two contiguous counties in the State.  "Project" means any energy project or telecommunications project.  "Project agreement" means any agreement entered into under this part by the department with the project party for the financing from the proceeds of special purpose revenue bonds of a telecommunications project or an energy project, including without limitation any loan agreement.  "Project party" means an electric or gas utility, including a publicly owned energy cooperative, serving the general public and that is regulated by the public utilities commission under chapter 269, or a telecommunications carrier or telecommunications common carrier, whether or not subject to regulation by the public utilities commission under chapter 269.  "Special purpose revenue bonds" or "bonds" mean bonds, notes, or other evidences of indebtedness issued pursuant to this part.  "Telecommunications carrier" or "telecommunications common carrier" has the meaning defined by section 269-1.  "Telecommunications project" means any facilities for each single project or multiproject program for the provision of telecommunications service of a project party that is a telecommunications carrier or a telecommunications common carrier.  "Telecommunications service" has the meaning defined by section 269-1. [L 1981, c 151, pt of §2; am L 2012, c 242, §2; am L 2016, c 98, §2] Revision Note  Definitions rearranged.
HI Rev Stat § 39A-192 (2021)
2021 Hawaii Revised Statutes|Title 5. State Financial Administration|39A. Special Purpose Revenue Bonds|39A-192 Department powers as to projects.

 §39A-192 Department powers as to projects. In addition to powers that it may now have, the department shall have all powers necessary or convenient to accomplish the purposes of this part. The powers of the department include but are not limited to the following:  (1) Notwithstanding and without compliance with section 103-7 and chapter 103D, but with the approval of the governor, to:  (A) Enter into and carry out a project agreement, or an amendment or supplement to an existing project agreement, with a project party; and  (B) Enter into and carry out any agreement, whereby the obligation of a project party under a project agreement will be unconditionally guaranteed by a person other than a project party;  (2) To issue special purpose revenue bonds pursuant to and in accordance with this part;  (3) To lend the proceeds of the special purpose revenue bonds issued for a project to the project party for use and application by the project party for the acquisition, purchase, construction, reconstruction, improvement, betterment, or extension of a project;  (4) As security for the payment of the principal of and interest on 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 department under the project agreement for the project for which the special purpose revenue bonds are issued;  (B) Pledge and assign the interest and rights of the department 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 department with respect to the project; or  (D) Any combination of the foregoing;  (5) To extend or renew any project agreement or any other agreement related thereto; provided that any 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; and  (6) To do any and all things necessary or convenient to carry out its purposes and exercise the powers given and granted in this part. When the department finances a project by the issuance of special purpose revenue bonds as contemplated by this part, the State shall not exercise the power of eminent domain to acquire a project or any part thereof for lease or transfer to a project party, nor shall the State operate a project on behalf of a project party. [L 1981, c 151, pt of §2; am L Sp 1993, c 8, §55; am L 2004, c 216, §12; am L 2006, c 292, §6; am L 2012, c 242, §3]
HI Rev Stat § 39A-193 (2021)
2021 Hawaii Revised Statutes|Title 5. State Financial Administration|39A. Special Purpose Revenue Bonds|39A-193 Compliance with state and local law.

 §39A-193 Compliance with state and local law. The financing of any project under this part shall not relieve any project party or other user of such project from the laws, ordinances, rules, and regulations of the State and county or any departments or boards thereof with respect to the construction, operation, and maintenance of projects, compliance with master plans or zoning laws or regulations, obtaining of building permits, compliance with building and health codes and other laws, ordinances, or rules and regulations of similar nature pertaining to the project, and such laws shall be applicable to such party or such other user to the same extent they would be if the costs of the project were directly financed by the project party. [L 1981, c 151, pt of §2; am L 2012, c 242, §4]
HI Rev Stat § 39A-194 (2021)
2021 Hawaii Revised Statutes|Title 5. State Financial Administration|39A. Special Purpose Revenue Bonds|39A-194 Conditions precedent to negotiating and entering into a project agreement.

 §39A-194 Conditions precedent to negotiating and entering into a project agreement.  (a) The department, prior to entering into negotiations with any project party, shall require that the project party shall agree to pay all fees, costs, and expenses (direct or indirect) assessed by the department in implementing and administering this part, as determined by the department, even though a project agreement may not be entered into and may further require the deposit of moneys with the department to pay for fees, costs, and expenses. Any amount of the deposit in excess of the amount required to pay the State shall be returned by the department to the project party that made the deposit. The State shall not be required to pay to the project party any interest or earnings on the deposit.  (b) The department shall not enter into any project agreement with respect to any project unless the department shall determine that:  (1) The project party is a responsible party, whether by reason of economic assets or experience in the type of enterprise to be undertaken through the project, or otherwise; or  (2) The obligations of the project party under the project agreement will be unconditionally guaranteed by a person who is a responsible party, whether by reason of economic assets or experience in the type of enterprise to be undertaken through the project, or otherwise. [L 1981, c 151, pt of §2; am L 2007, c 44, §9; am L 2012, c 242, §5]
HI Rev Stat § 39A-195 (2021)
2021 Hawaii Revised Statutes|Title 5. State Financial Administration|39A. Special Purpose Revenue Bonds|39A-195 Project agreement.

 §39A-195 Project agreement.  No special purpose revenue bonds shall be issued unless at the time of issuance the department shall have already entered into a project agreement with respect to the project for the financing of which the bonds are to be issued. Any project agreement entered into by the department shall contain provisions unconditionally obligating the project party:  (1) To pay to the department during the period or term of the project agreement, exclusive of any renewal or extension thereof and whether or not the project is used or occupied by the project party, the sum or sums, at the time or times, and in the amount or amounts that shall be sufficient:  (A) To pay the principal and interest on all special purpose revenue bonds issued to finance the project as the bonds become due, including any premium payable upon any required redemption of the bonds;  (B) To establish or maintain a reserve, if any, as may be required by the instrument authorizing or securing the special purpose revenue bonds;  (C) To pay all fees and expenses (including the fees and expenses of the paying agents and trustees) assessed in connection with the special purpose revenue bonds; and  (D) To pay the fees, costs, and expenses (direct or indirect) assessed by the department in administering the bonds or in carrying out the project agreement, as determined by the department; and  (2) To operate, maintain, and repair the project as long as it is used in the business of local furnishing of electric energy or gas, or in the business of providing telecommunications service, and to pay all costs of the operation, maintenance, and repair. Moneys received by the department pursuant to paragraph (1)(D) shall not be, nor be deemed to be, revenues of the project and shall be paid into the general fund of the State. [L 1981, c 151, pt of §2; am L 2007, c 44, §10; am L 2012, c 242, §6]
HI Rev Stat § 39A-196 (2021)
2021 Hawaii Revised Statutes|Title 5. State Financial Administration|39A. Special Purpose Revenue Bonds|39A-196 Issuance of special purpose revenue bonds to finance projects.

 §39A-196 Issuance of special purpose revenue bonds to finance projects. In addition to the other powers that it may otherwise have, the department may issue special purpose revenue bonds to finance, in whole or in part, the costs of a project. All bonds issued under this part are special purpose revenue bonds and the provisions of part III of chapter 39 shall not apply thereto. All special purpose revenue bonds issued pursuant to this part shall be issued in the name of the department and not in the name of the State.  The department, in determining the cost of any project, may also include the following:  (1) Financing charges, fees, and expenses of any trustee and paying agents for special purpose revenue bonds issued to pay the cost of such project;  (2) Interest on such bonds and the expenses of the State in connection with such bonds and the project to be financed from the proceeds of such bonds accruing or incurred prior to and during the period of construction and for not exceeding six months thereafter;  (3) Amounts necessary to establish or increase reserves for the special purpose revenue bonds;  (4) The cost of plans, specifications, studies, surveys, and estimates of cost and of revenues;  (5) Other expenses incidental to determining the feasibility or practicability of the project;  (6) Administration expenses;  (7) Interest cost incurred by the project party with respect to the project prior to the issuance of the special purpose revenue bonds; and  (8) Such other costs, commissions, and expenses incidental to the construction, acquisition, reconstruction, renovation, rehabilitation, improvement, betterment, operation, or extension of the project, the financing thereof, placing of the project in operation, and the issuance of the special purpose revenue bonds, whether incurred prior to or after the issuance of such bonds.  The legislature finds and determines that the exercise of the powers vested in the department by this part constitutes assistance to utilities serving the general public and that the issuance of special purpose revenue bonds to finance facilities of, or for, or to loan the proceeds of such bonds to assist, project parties, is in the public interest. [L 1981, c 151, pt of §2; am L 2012, c 242, §7]
HI Rev Stat § 39A-198 (2021)
2021 Hawaii Revised Statutes|Title 5. State Financial Administration|39A. Special Purpose Revenue Bonds|39A-198 Special purpose revenue bond anticipation notes.

 §39A-198 Special purpose revenue bond anticipation notes. Whenever the department authorizes the issuance of special purpose revenue bonds under this part, special purpose revenue bond anticipation notes of the department 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 special purpose revenue bond anticipation notes shall be authorized by the department, and the maximum principal amount of such notes shall not exceed the authorized principal amount of such bonds. The notes shall be payable solely from and secured solely by the proceeds of sale of the special purpose revenue bonds in anticipation of which the notes are issued and the revenues 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 in anticipation of which the notes are issued that has been authorized shall be reduced by the amount of notes paid in such manner. The authorization, issuance, and the details of such notes shall be governed by the provisions of this part with respect to special purpose revenue bonds insofar as the provisions may be applicable; provided that each note, together with all 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 1981, c 151, pt of §2]
HI Rev Stat § 39A-200 (2021)
2021 Hawaii Revised Statutes|Title 5. State Financial Administration|39A. Special Purpose Revenue Bonds|39A-200 Security for special purpose revenue bonds.

 §39A-200 Security for special purpose revenue bonds. Special purpose revenue bonds shall be payable solely from the revenues derived by the department from payments made to the department under the project agreement or other supplemental agreements entered into with respect to the energy project, and shall be secured solely by such revenues and by the pledges and assignments authorized by this part. All special purpose revenue bonds of the same issue, subject to the prior and superior rights of outstanding bonds, claims, obligations, or mechanics' and materialmen's liens, shall have a prior and paramount lien on the revenues derived from the project agreement with respect to the energy project for which such bonds have been issued, over and ahead of all special purpose revenue bonds of any issue payable from the revenues which may be subsequently issued and over and ahead of any claims or obligations of any nature against the revenues subsequently arising or subsequently incurred; provided that the department may reserve the right and privilege to subsequently issue additional series of special purpose revenues bonds, from time to time, payable from the revenues derived from such project agreement on a parity with the special purpose revenue bonds theretofore issued and the subsequently issued series of special purpose revenue bonds, may be secured, without priority by reason of date of sale, date of execution, or date of delivery, by a lien on the revenues in accordance with law, including this part.  Notwithstanding any other provision hereof, the property in the energy project and all interest of the project party in the energy project and the revenues of the project party therefrom may be subjected to the present and future lien of any mortgage of the project party securing the project party's bonds, and the rights of the department and any trustee for the holders of the special purpose revenue bonds and the holders of the special purpose revenue bonds in the energy project and the revenues therefrom may be made subject to the prior lien of the project party's mortgage. [L 1981, c 151, pt of §2]
HI Rev Stat § 39A-201 (2021)
2021 Hawaii Revised Statutes|Title 5. State Financial Administration|39A. Special Purpose Revenue Bonds|39A-201 Special purpose revenue bonds not a general obligation of the State.

 §39A-201 Special purpose revenue bonds not a general obligation of the State. No holder or holders of any special purpose revenue bonds issued under this part shall ever have the right to compel any exercise of taxing power of the State to pay such bonds or the interest thereon and no moneys other than the revenues pledged to such bonds shall be applied to the payment thereof. Each special purpose revenue bond issued under this part shall recite in substance that such bond, including interest thereon, is not a general obligation of the State and is payable solely from the revenues pledged to the payment thereof, and that such bond is not secured directly or indirectly by the full faith and credit or the general credit of the State or by any revenues or taxes of the State other than the revenues specifically pledged thereto. [L 1981, c 151, pt of §2]
HI Rev Stat § 39A-202 (2021)
2021 Hawaii Revised Statutes|Title 5. State Financial Administration|39A. Special Purpose Revenue Bonds|39A-202 Validity of special purpose revenue bonds.

 §39A-202 Validity of special purpose revenue bonds. The special purpose revenue bonds bearing the signature or facsimile signature of officers in office on the date of the signing thereof shall be valid and sufficient for all purposes, notwithstanding that before the delivery thereof and payment therefor any or all the persons whose signatures appear thereon shall have ceased to be officers of the department. The special purpose revenue bonds shall contain a recital that they are issued pursuant to this part, which recital shall be conclusive evidence of their validity and of the regularity of their issuance. [L 1981, c 151, pt of §2]
HI Rev Stat § 39A-203 (2021)
2021 Hawaii Revised Statutes|Title 5. State Financial Administration|39A. Special Purpose Revenue Bonds|39A-203 Use of revenues derived from project agreement.

 §39A-203 Use of revenues derived from project agreement. The department shall have the right to appropriate, apply, or expend the revenues derived from the project agreement for a project for the following purposes:  (1) To pay when due all special purpose revenue bonds 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 project party 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 department shall not transfer the revenues derived from the project agreement to the general fund of the State. [L 1981, c 151, pt of §2; am L 2012, c 242, §10]
HI Rev Stat § 39A-204 (2021)
2021 Hawaii Revised Statutes|Title 5. State Financial Administration|39A. Special Purpose Revenue Bonds|39A-204 Special purpose revenue bonds exempt from taxation.

 §39A-204 Special purpose revenue bonds exempt from taxation. Special purpose revenue bonds and the income therefrom issued pursuant to this part shall be exempt from all state and county taxation except inheritance, transfer, and estate taxes. [L 1981, c 151, pt of §2]
HI Rev Stat § 39A-204.5 (2021)
2021 Hawaii Revised Statutes|Title 5. State Financial Administration|39A. Special Purpose Revenue Bonds|39A-204.5 Federal tax exempt status. Special purpose revenue bonds issued pursuant to this part, to the extent practicable, shall be issued to comply with requirements imposed by applicable federal law providing that the interest on the special purpose revenue bonds shall be excluded from gross income for federal income tax purposes (except as certain minimum taxes or environmental taxes may apply). The director of finance may enter into agreements, establish funds or accounts, and take any action required to comply with applicable federal law. Nothing in this part shall be deemed to prohibit the issuance of special purpose revenue bonds, the interest on which may be included in gross income for federal income tax purposes. [L 1996, c 142, §5]

 §39A-204.5  Federal tax exempt status. Special purpose revenue bonds issued pursuant to this part, to the extent practicable, shall be issued to comply with requirements imposed by applicable federal law providing that the interest on the special purpose revenue bonds shall be excluded from gross income for federal income tax purposes (except as certain minimum taxes or environmental taxes may apply). The director of finance may enter into agreements, establish funds or accounts, and take any action required to comply with applicable federal law. Nothing in this part shall be deemed to prohibit the issuance of special purpose revenue bonds, the interest on which may be included in gross income for federal income tax purposes. [L 1996, c 142, §5]
HI Rev Stat § 39A-205 (2021)
2021 Hawaii Revised Statutes|Title 5. State Financial Administration|39A. Special Purpose Revenue Bonds|39A-205 Exemption from taxation of department property.

 §39A-205 Exemption from taxation of department property. All revenues derived by the department from any project or under the project agreement pertaining thereto shall be exempt from all state and county taxation. Any right, title, and interest of the department in any project shall also be exempt from all state and county taxation. Except as otherwise provided by law, the interest of the project party or user of such project in a project or under the project agreement or related agreement 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 project party or other user. [L 1981, c 151, pt of §2; am L 2012, c 242, §11]