reglab/statecodes huggingface dataset:
2023 Hawaii Revised Statutes › Title 13. Planning and Economic Development › 206E. Hawaii Community Development Authority › 206E-263 District established; boundaries.

§206E-263 District established; boundaries.
(a) The Pulehunui community development district is hereby established under the authority.
(b) The authority shall serve as the local redevelopment agency for the district.
(c) The district shall comprise the following properties:
(1) TMK 2-3-8-008-001;
(2) TMK 2-3-8-008-007;
(3) TMK 2-3-8-008-037; and
(4) TMK 2-3-8-008-038. [L 2022, c 190, pt of §1]
2023 Hawaii Revised Statutes › Title 13. Planning and Economic Development › 206E. Hawaii Community Development Authority › 206E-264 Development policies.

§206E-264 Development policies.
The following development policies shall guide the authority in the district:
(1) Archaeological, historical, and cultural sites shall be preserved and protected in accordance with chapter 6E;
(2) Endangered species of flora and fauna shall be preserved to the extent required by law;
(3) Land use and development 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; and
(4) Public facilities within the district shall be planned, located, and developed to support the development policies established by this section and any rules adopted pursuant to this part. [L 2022, c 190, pt of §1]
2023 Hawaii Revised Statutes › Title 13. Planning and Economic Development › 206E. Hawaii Community Development Authority › 206E-265 Financial aid from the federal government; contracts with the federal government.

§206E-265 Financial aid from the federal government; contracts with the federal government.
(a) The authority may secure financial aid from the federal government for any planning, design, development, construction, and maintenance work that the authority is authorized to undertake pursuant to this part.
(b) In addition, and supplemental to the powers granted to the authority under section 206E-4, the authority may:
(1) Borrow moneys or accept grants from the federal government in aid of or for any development project the authority is authorized to undertake pursuant to this part;
(2) Issue bonds or other evidence of indebtedness and pledge revenues and other assets as security for indebtedness incurred pursuant to this part;
(3) Repay any indebtedness, including any interest incurred thereon by the authority pursuant to this part;
(4) Procure insurance or loan guarantees from the federal government for the payment of any debts or parts thereof secured by mortgages made by or held by the authority;
(5) Execute contracts with the federal government in accordance with this part; and
(6) Comply with terms and conditions required by the federal government in any contract or grant for federal assistance.
(c) It is the purpose and intent of this section to authorize the authority to do all things necessary to secure the cooperation of and financial aid from the federal government for any planning, design, development, construction, and maintenance work that the authority is authorized to undertake pursuant to this part. [L 2022, c 190, pt of §1]
2023 Hawaii Revised Statutes › Title 13. Planning and Economic Development › 206E. Hawaii Community Development Authority › 206E-266 Pulehunui community development district special fund.

§206E-266 Pulehunui community development district special fund.
(a) There is established in the state treasury the Pulehunui community development district special fund, into which shall be deposited:
(1) All revenues, income, and receipts of the authority for the district;
(2) Moneys directed, allocated, or disbursed to the district from government agencies or private individuals or organizations, including grants, gifts, awards, donations, and assessments of landowners for costs to administer and operate the district; and
(3) Moneys appropriated to the fund by the legislature.
(b) Moneys in the fund shall be used only for the purposes of this part.
(c) Investment earnings credited to the assets of the fund shall become assets of the fund. [L 2022, c 190, pt of §1]
2023 Hawaii Revised Statutes › Title 13. Planning and Economic Development › 206E. Hawaii Community Development Authority › 206E-281 Definitions.

§
206E
-281 Definitions.
As used in this part, unless the context otherwise requires:
"Mixed-use project" means a project consisting of any combination of a commercial project, redevelopment project, or residential project.
"Owner-occupied residential use" means any use currently permitted in existing residential zones consistent with owner occupancy. "Owner-occupied residential use" does not include renting or subleasing by the owner of a residential condominium unit to any tenant or sublessee of any kind.
"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, redevelopment project, residential project, or mixed-use project.
"Public transit station" means a planned or existing station connected to a locally preferred alternative for a mass transit project.
"Urban redevelopment site" means non-ceded state-owned lands within a one-mile radius of a public transit station in a county having a population greater than five hundred thousand. [L 2023, c 97, pt of §3]
2023 Hawaii Revised Statutes › Title 13. Planning and Economic Development › 206E. Hawaii Community Development Authority › 206E-282 Ninety-nine year leasehold program.

§206E-282 Ninety-nine year leasehold program.
(a) There is established the ninety-nine year leasehold program for the purpose of providing low-cost, leasehold residential condominium units for sale to Hawaii residents on state-owned lands within an urban redevelopment site.
(b) The program shall be limited to one project on non-ceded lands within an urban redevelopment site, which shall be selected by the authority. [L 2023, c 97, pt of §3]
2023 Hawaii Revised Statutes › Title 13. Planning and Economic Development › 206E. Hawaii Community Development Authority › 206E-283 Rules; guidelines.

§206E-283 Rules; guidelines.
(a) Residential condominium units within urban redevelopment sites shall not be advertised for rent, rented, or used for any purpose other than owner-occupied residential use. The authority, by rule, shall establish penalties for violations of this subsection up to and including forced sale of a residential condominium unit within an urban redevelopment site.
(b) The design and development contracts for residential condominium units within an urban redevelopment site shall be subject to chapter 103D.
(c) Development should be revenue-neutral to the greatest extent possible.
(d) Urban redevelopment sites shall maximize walkability. [L 2023, c 97, pt of §3]
2023 Hawaii Revised Statutes › Title 13. Planning and Economic Development › 206E. Hawaii Community Development Authority › 206E-285 Use of public lands; acquisition of state lands.

§206E-285 Use of public lands; acquisition of state lands.
(a) If state lands under the control and management of other public agencies are required by the authority for the purposes of this part, the agency having the control and management of those required lands, upon request by the authority and with the approval of the governor, may convey or lease those lands to the authority upon terms and conditions as may be agreed to by the parties.
(b) Notwithstanding the foregoing, no public lands shall be conveyed or leased to the authority pursuant to this section if the conveyance or lease would impair any covenant between the State or any county or any department or board thereof and the holders of bonds issued by the State or that county, department, or board. [L 2023, c 97, pt of §3]
2023 Hawaii Revised Statutes › Title 13. Planning and Economic Development › 206E. Hawaii Community Development Authority › 206E-286 Acquisition of real property from a county.

§206E-286 Acquisition of real property from a county.
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 authority any real property owned by it that the authority 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 authority. Certification shall be evidenced by a formal request from the authority. Before the sale, lease, grant, or conveyance may be made to the authority, 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. [L 2023, c 97, pt of §3]
2023 Hawaii Revised Statutes › Title 13. Planning and Economic Development › 206E. Hawaii Community Development Authority › 206E-287 Condemnation of real property.

§206E-287 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, including property already devoted to a public use, by condemnation pursuant to chapter 101. The property shall not thereafter be taken for any other public use without the consent of the 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 urban redevelopment site or plan adopted pursuant to a designation, or the actual or proposed acquisition, use, or disposition of any other real property by the authority. [L 2023, c 97, pt of §3]
2023 Hawaii Revised Statutes › Title 13. Planning and Economic Development › 206E. Hawaii Community Development Authority › 206E-289 Lease of projects.

§206E-289 Lease of projects.
Notwithstanding any law to the contrary, the authority, without recourse to chapter 103D, may lease for a term not exceeding sixty-five years all or any portion of the real or personal property constituting a commercial project to any person, upon terms and conditions as may be approved by the authority; provided that all revenues generated from the lease shall be used to support the purpose of the program. [L 2023, c 97, pt of §3]
2023 Hawaii Revised Statutes › Title 13. Planning and Economic Development › 206E. Hawaii Community Development Authority › 206E-291 Lands no longer needed.

§206E-291 Lands no longer needed.
Lands acquired by the authority from another government agency that are no longer needed by the authority for the program shall be returned to the previous owner of those lands. Lands acquired by the authority from a private party that are owned by the authority and designated for the program but are subsequently no longer needed for the program shall be retained by the authority. [L 2023, c 97, pt of §3]
2023 Hawaii Revised Statutes › Title 13. Planning and Economic Development › 206E. Hawaii Community Development Authority › 206E-293 Leasehold condominiums on state lands.

§206E-293 Leasehold condominiums on state lands.
(a) The authority may sell leasehold units in condominiums organized pursuant to chapter 514B and developed under this part on state land to a qualified resident as defined in section 201H-32.
(b) The term of the lease may be for ninety-nine years, and the authority may extend or modify the fixed rental period of the lease or extend the term of the lease.
(c) The powers conferred upon the authority by this section shall be in addition and supplemental to the powers conferred by any other law, and nothing in this section shall be construed as limiting any powers, rights, privileges, or immunities so conferred. [L 2023, c 97, pt of §3]
2023 Hawaii Revised Statutes › Title 13. Planning and Economic Development › 206E. Hawaii Community Development Authority › 206E-294 Annual reports.

§206E-294 Annual reports.
The authority shall submit a report to the legislature on the progress of the program projects no later than twenty days prior to the convening of each regular session. The annual report shall include the feasibility of expanding the program, the demand of leasehold projects developed under this part, and an appropriate leasehold duration. [L 2023, c 97, pt of §3]
2023 Hawaii Revised Statutes › Title 13. Planning and Economic Development › 206J. Aloha Tower Development Corporation › 206J-1 Findings and purpose.

§206J-1 Findings and purpose.
The legislature finds that the area in downtown Honolulu on the waterfront, including the Hale Awa Ku Moku Building and Irwin Memorial Park, hereinafter called the Aloha Tower complex, is one of the most valuable properties in downtown Honolulu and that certain portions of this area should be redeveloped, renovated, or improved to better serve the economic, maritime, and recreational needs of the people of Hawaii.
The legislature further finds that the Aloha Tower complex still serves a vital maritime function that must be maintained to insure adequacy and viability for existing and future maritime activities.
The purpose of this chapter is to establish a new public body corporate and politic, public instrumentality, and agency of the State for the purpose of undertaking the redevelopment of the Aloha Tower complex to strengthen the international economic base of the community in trade activities, to enhance the beautification of the waterfront, and in conjunction with the department of transportation, to better serve modern maritime uses, and to provide for public access and use of the waterfront property. Properly developed, the Aloha Tower complex will further serve as a stimulant to the commercial activities of the downtown business community and help transform the waterfront into a "people place".
The legislature finds and determines that the purpose of this chapter is in the public interest and constitutes a valid public purpose. [L 1981, c 236, pt of §1; am L 1986, c 146, §1; am L 1988, c 356, §1]
Case Notes
Cited: 74 H. 365, 846 P.2d 882 (1993).
2023 Hawaii Revised Statutes › Title 13. Planning and Economic Development › 206J. Aloha Tower Development Corporation › 206J-3 Aloha Tower complex; designated boundaries.

§206J-3 Aloha Tower complex; designated boundaries.
The Aloha Tower complex is established. The complex shall include the area bounded by Nimitz Highway beginning at its intersection with the Diamond Head boundary of tax map key 2-1-13:7 north along Nimitz Highway to its intersection at Pier 11 and Nimitz Highway; southwest along the face of Piers 10 and 11; southeast along the face of Pier 9; northeast along the face of Pier 8; southeast parallel along the revetment of Ala Moana Boulevard and to include Pier 7; southwest along Pier 6 and its shoreline and around to Pier 5 and its shoreline; northeast to Ala Moana Boulevard; north along Nimitz Highway to its intersection with Richards Street; southwest along Richards Street to its intersection with Ala Moana Boulevard; northwest along Ala Moana Boulevard to its intersection with the Ewa boundary of tax map key 2-1-14:6; northeast along the Ewa boundary of tax map key 2-1-14:6 to its Ewa mauka corner; and northwest across Bishop Street to the point of beginning at the intersection of the Diamond Head boundary of tax map key 2-1-13:7 and Nimitz Highway. [L 1981, c 236, pt of §1; am L 1982, c 147, §11 and c 250, §2; am L 1983, c 239, §3; am L 1988, c 356, §3; am L 1990, c 86, §13; am L 2011, c 152, §1]
2023 Hawaii Revised Statutes › Title 13. Planning and Economic Development › 206J. Aloha Tower Development Corporation › 206J-4 Aloha Tower development corporation; established.

§206J-4 Aloha Tower development corporation; established.
(a) There is established the Aloha Tower development corporation, which shall be a public body corporate and politic, a public instrumentality, and an agency of the State. The development corporation shall be placed within the department of transportation for administrative purposes, pursuant to section 26-35.
(b) The development corporation shall consist of a board of directors having five voting members: The director of business, economic development, and tourism or the director's designee; the chairperson of the board of land and natural resources or the chairperson's designee; the deputy director of transportation, harbors division; one member to be appointed by the speaker of the house of representatives; and one member to be appointed by the president of the senate. The deputy director of transportation, harbors division, shall serve as chairperson of the board.
(c) The members of the board appointed under subsection (b) shall serve without compensation, but each member shall be reimbursed for expenses, including travel expenses, incurred in the performance of their duties. [L 1981, c 236, pt of §1; am L 1986, c 146, §3; am L 1987, c 336, §7; am L 1990, c 293, §8; am L 1992, c 34, §1; am L 2000, c 253, §150; am L 2008, c 200, §4; am L 2011, c 152, §2; am L 2015, c 130, §1]
2023 Hawaii Revised Statutes › Title 13. Planning and Economic Development › 206J. Aloha Tower Development Corporation › 206J-6 Limitations on the powers of the development corporation.

§206J-6 Limitations on the powers of the development corporation.
(a) The development corporation shall not sell any fast or submerged lands of the Aloha Tower complex as established by this chapter.
(b) The development corporation shall preserve the Aloha Tower as an historical monument and shall not sell, remove, demolish, deface, or alter the structure in any reasonable degree to lessen its historical value to the community. However, and notwithstanding any other law to the contrary, repairs, maintenance, relocation of pier platforms, or any essential reconstruction necessary for the preservation of the Aloha Tower as an historical monument shall be permissible.
(c) Irwin Memorial Park shall be retained as a public park subject to the reservations and conditions set forth in the deed of Helene Irwin Fagan to the Territory of Hawaii.
(d) The development corporation or its lessees shall not exercise any jurisdiction over the provided replacement facilities located within the Aloha Tower complex required for necessary maritime purposes and activities (hereinafter "maritime facilities"). Jurisdiction over any such replacement facilities shall be in the department of transportation. Facilities functionally related to maritime purposes and the purposes outlined in the development plan for the Aloha Tower complex, such as hotel facilities for maritime passengers and waterfront visitors, concession facilities adjacent to maritime terminal facilities, public parking facilities which are situated on property not currently under the jurisdiction of the department of transportation, and commercial, retail, residential, and office facilities may be under the jurisdiction of the development corporation or its lessees. [L 1981, c 236, pt of §1; am L 1982, c 250, §4; am L 1986, c 146, §4; am L 1988, c 356, §5]
2023 Hawaii Revised Statutes › Title 13. Planning and Economic Development › 206J. Aloha Tower Development Corporation › 206J-7 Development rules.

§206J-7 Development rules.
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. [L 1981, c 236, pt of §1; am L 1982, c 250, §5]
2023 Hawaii Revised Statutes › Title 13. Planning and Economic Development › 206J. Aloha Tower Development Corporation › 206J-8 Use of public lands.

§206J-8 Use of public lands.
Without regard to chapter 171, the governor may set aside or any department or agency of the State may lease applicable portions of the area designated as the Aloha Tower complex to the development corporation for the purpose specified in this chapter; provided that such setting aside would not impair any covenant between the State or any department or board thereof and holders of revenue bonds issued by the State or such department or board, or the development corporation may lease applicable portions of the Aloha Tower complex from the department of transportation. The development corporation shall annually reimburse to the department of transportation any losses in revenues caused by any action of the development corporation. The development corporation shall provide replacement facilities for maritime activities at no cost to the department of transportation. [L 1981, c 236, pt of §1; ree L 1986, c 146, §5; am L 1990, c 86, §14]
2023 Hawaii Revised Statutes › Title 13. Planning and Economic Development › 206J. Aloha Tower Development Corporation › 206J-9 Construction contracts.

§206J-9 Construction contracts.
The development corporation shall award construction contracts in conformity with chapter 103D and this chapter. [L 1981, c 236, pt of §1; ree L 1986, c 146, §6; am L Sp 1993, c 8, §54]
2023 Hawaii Revised Statutes › Title 13. Planning and Economic Development › 206J. Aloha Tower Development Corporation › 206J-10 Public projects.

§206J-10 Public projects.
Any project or activity of any public agency of the State in the Aloha Tower complex shall be constructed, renovated, or improved in consultation with the development corporation and the department of transportation. [L 1981, c 236, pt of §1; ree L 1986, c 146, §7]
2023 Hawaii Revised Statutes › Title 13. Planning and Economic Development › 206J. Aloha Tower Development Corporation › 206J-11 Lease of projects.

§206J-11 Lease of projects.
The development corporation may lease without public auction, for a term not exceeding sixty-five years, all or any portion of the real, personal, or mixed property constituting a project under its jurisdiction as provided herein to any qualified person, upon such terms and conditions as may be approved by the board, if the board finds that the lease conforms with the development plan for the Aloha Tower complex. Notwithstanding any other provision to the contrary, the development corporation shall establish requirements and conditions relating to the terms of lease and the qualifications of any person to apply for such lease. [L 1981, c 236, pt of §1; am L 1986, c 146, §8; am L 1990, c 86, §15]
2023 Hawaii Revised Statutes › Title 13. Planning and Economic Development › 206J. Aloha Tower Development Corporation › 206J-13 State and political subdivisions not liable on bonds.

§206J-13 State and political subdivisions not liable on bonds.
The bonds and other obligations of the development corporation (and such bonds and obligations shall so state on their face) shall not be a debt of the State or of any political subdivision; neither the State nor any political subdivision shall be liable thereon, nor in any event shall they be payable solely out of funds or properties other than those of the development corporation pledged thereto. [L 1981, c 236, pt of §1; ree L 1986, c 146, §10]
2023 Hawaii Revised Statutes › Title 13. Planning and Economic Development › 206J. Aloha Tower Development Corporation › 206J-14 Bonds exempt from taxation.

§206J-14 Bonds exempt from taxation.
Bonds and the income therefrom issued pursuant to this chapter shall be exempt from all state and county taxation except estate and transfer taxes. [L 1981, c 236, pt of §1; am L 1986, c 146, §11]
2023 Hawaii Revised Statutes › Title 13. Planning and Economic Development › 206J. Aloha Tower Development Corporation › 206J-15 Bonds as legal investments and lawful security.

§206J-15 Bonds as legal investments and lawful security.
Bonds issued pursuant to this chapter shall be and are declared to be legal and authorized investments for banks, savings banks, trust companies, savings and loan associations, insurance companies, fiduciaries, trustees, guardians, and for all public funds of the State or other political corporations or subdivisions of the State. Such bonds shall be eligible to secure the deposit of any and all public funds of the State and any and all public funds of counties or other political corporations or subdivisions of the State, and such bonds shall be lawful and sufficient security for such deposits to the extent of their value when accompanied by all unmatured coupons appertaining thereto. [L 1981, c 236, pt of §1; ree L 1986, c 146, §12]
2023 Hawaii Revised Statutes › Title 13. Planning and Economic Development › 206J. Aloha Tower Development Corporation › 206J-16 Exemption from taxation of development corporation.

§206J-16 Exemption from taxation of development corporation.
All revenues derived by the development corporation from any project or under a lease or other agreement pertaining thereto shall be exempt from all state and county taxation. Any right, title, and interest of the development corporation in any project shall also be exempt from all state and county taxation. Except as otherwise provided by law, the interest of a qualified person or other user of a project under a lease 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 other user. [L 1981, c 236, pt of §1; ree L 1986, c 146, §13]
2023 Hawaii Revised Statutes › Title 13. Planning and Economic Development › 206J. Aloha Tower Development Corporation › 206J-17 Aloha Tower fund.

§206J-17 Aloha Tower fund.
(a) There is created the Aloha Tower fund. All moneys, rentals, charges, other revenues of the development corporation, and moneys or charges received by the department of transportation, including reimbursements for costs and staff services as a result of planning, development, or redevelopment of the lands located seaward of Nimitz Highway between Pier 4 and Pier 11 shall be deposited into the fund.
(b) The development corporation may establish a separate account with respect to each issue of bonds issued under this chapter and direct that the moneys, rentals, charges, and other revenues pledged to the payment of the bond issue be credited to that account and, as permitted by section 206J-12(g)(7), designate a trustee to receive and receipt for, hold, and administer the moneys in the account. Moneys credited to a separate account held by a trustee may be paid directly to the trustee; provided that appropriate entries are made for purposes of accounting.
(c) The moneys on deposit in the fund shall be used for the purposes of this chapter, lease payments to the department of transportation, and for the development, redevelopment, or improvement of the Honolulu Waterfront located seaward of Nimitz Highway between Pier 4 and Pier 11. [L 1981, c 236, pt of §1; am L 1986, c 146, §14; am L 1994, c 137, §3; am L 2011, c 152, §3]
2023 Hawaii Revised Statutes › Title 13. Planning and Economic Development › 206J. Aloha Tower Development Corporation › 206J-18 Assistance by state and county agencies.

§206J-18 Assistance by state and county agencies.
Every state or county agency may render services upon request of the development corporation. [L 1981, c 236, pt of §1; ree L 1986, c 146, §15]
2023 Hawaii Revised Statutes › Title 13. Planning and Economic Development › 206J. Aloha Tower Development Corporation › 206J-19 Annual report.

§206J-19 Annual report.
The development corporation shall submit to the governor and the legislature, at least twenty days prior to the start of each regular session, a complete and detailed report of its activities. [L 1981, c 236, pt of §1; ree L 1986, c 146, §16]
2023 Hawaii Revised Statutes › Title 13. Planning and Economic Development › 206J. Aloha Tower Development Corporation › 206J-20 Court proceedings; preference.

§206J-20 Court proceedings; preference.
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. [L 1981, c 236, pt of §1; am L 1986, c 146, §17]
2023 Hawaii Revised Statutes › Title 13. Planning and Economic Development › 206J. Aloha Tower Development Corporation › 206J-21 Construction of this chapter.

§206J-21 Construction of this chapter.
The powers conferred by this chapter shall be in addition and supplemental to the powers conferred by any other law. Insofar as the provisions of this chapter are inconsistent with the provisions of any other law, this chapter shall be controlling. [L 1981, c 236, pt of §1; ree L 1986, c 146, §18]
2023 Hawaii Revised Statutes › Title 13. Planning and Economic Development › 206M. High Technology Development Corporation › 206M-2.5 Meetings of the board.

§206M-2.5 Meetings of the board.
(a) The meetings of the board shall be open to the public as provided in section 92-3, except that when it is necessary for the board to receive information that is proprietary to a particular enterprise that seeks entry into or use of one of its facilities or the disclosure of which might be harmful to the business interests of the enterprise, the board may enter into an executive meeting that is closed to the public.
(b) The board shall be subject to the procedural requirements of section 92-4, and this authorization shall be an addition to the exceptions listed in section 92-5, to enable the development corporation to respect the proprietary requirements of enterprises with which it has business dealings.
(c) The board shall be exempt from section 26-35(a)(4) and (5). [L 1989, c 274, pt of §1; am L 2000, c 297, §26; am L 2004, c 16, §4]
2023 Hawaii Revised Statutes › Title 13. Planning and Economic Development › 206M. High Technology Development Corporation › 206M-3.4 Contracts for services necessary for management and operation of corporation.

§206M-3.4 Contracts for services necessary for management and operation of corporation.
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. [L 2000, c 297, pt of §22(1)]
2023 Hawaii Revised Statutes › Title 13. Planning and Economic Development › 206M. High Technology Development Corporation › 206M-3.5 Annual reports.

§206M-3.5 Annual reports.
The development corporation shall report annually to the legislature twenty days prior to the convening of the session on the impact of the program on:
(1) Increasing the awareness of the federal small business innovation research program and the number of companies submitting proposals to federal agencies;
(2) Increasing the number of phase I awards received by Hawaii businesses under the small business innovation research program; and
(3) Increasing the number of phase I to phase II conversions by Hawaii businesses. [L 1989, c 196, §2]
2023 Hawaii Revised Statutes › Title 13. Planning and Economic Development › 206M. High Technology Development Corporation › 206M-4 Compliance with state and local law.

§206M-4 Compliance with state and local law.
The issuance of special purpose revenue bonds with respect to any project or economic zone under this chapter shall not relieve any qualified person or other user of the project or economic zone from the laws, ordinances, and rules of the State or any political subdivision thereof, or any department or board thereof with respect to the construction, operation, and maintenance of any project or economic zone, or zoning laws or regulations, obtaining of building permits, compliance with building and health codes and other laws, ordinances, or rules and regulations of similar nature pertaining to the project or economic zone, and the laws shall be applicable to the qualified person or the other user to the same extent they would be if the costs of the project or economic zone were directly financed by the qualified person. [L 1983, c 152, pt of §2; am L 2000, c 72, §8; am L 2022, c 55, §2]
2023 Hawaii Revised Statutes › Title 13. Planning and Economic Development › 206M. High Technology Development Corporation › 206M-5 Development rules.

§206M-5 Development rules.
Whenever the proceeds of special purpose revenue bonds are used to finance the cost of an economic zone, the board shall adopt rules under chapter 91 to be followed during the course of the development of any economic zone, which are to be known as development rules in connection with health, safety, building, planning, zoning, and land use. The rules, upon final adoption of a development plan for an economic zone, shall supersede all other inconsistent ordinances and rules relating to the use, zoning, planning, and development of land and construction thereon within the economic zone. Rules adopted under this section shall follow existing law, rules, ordinances, and regulations as closely as is consistent with standards meeting minimum requirements of good design, pleasant amenities, health, safety, and coordinated development. The corporation shall establish policies and procedures for monitoring and ensuring that the operation of the economic zone complies with these development rules and may establish fines and penalties or take any other means available under the law to eliminate any noncomplying action. [L 1983, c 152, pt of §2; am L 1985, c 112, §1; am L 2000, c 72, §9; am L 2022, c 55, §2]
2023 Hawaii Revised Statutes › Title 13. Planning and Economic Development › 206M. High Technology Development Corporation › 206M-6 Use of public lands.

§206M-6 Use of public lands.
The governor may set aside available public lands to the development corporation for the purposes specified in this chapter; provided that the setting aside would not impair any covenant between the State or any department or board thereof and holders of any bonds issued by the State or such department or board thereof. The development corporation also may lease available state lands from the department of land and natural resources. [L 1983, c 152, pt of §2; am L 2000, c 72, §10]
2023 Hawaii Revised Statutes › Title 13. Planning and Economic Development › 206M. High Technology Development Corporation › 206M-7 Conditions precedent to negotiating and entering into a project agreement.

§206M-7 Conditions precedent to negotiating and entering into a project agreement.
(a) The development corporation prior to entering into negotiations with respect to a project agreement or at any time during such negotiations shall require that as a condition to such negotiations or the continuation thereof the State shall be reimbursed for any and all costs and expenses incurred by it even though a project agreement may not be entered into and may further require the deposit of moneys with the development corporation as security for such reimbursement. Any amount of such deposit in excess of the amount required to reimburse the State shall be returned by the development corporation to the party which has made such deposit.
(b) The development corporation shall not enter into any project agreement with respect to any project or economic zone unless the legislature shall have first authorized the issuance of special purpose revenue bonds to finance a project or projects, an economic zone or economic zones, or a multi-project program pursuant to section 206M-9, and the development corporation has thereafter found and determined either that:
(1) The qualified person 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 qualified person 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 1983, c 152, pt of §2; am L 2000, c 72, §11; am L 2022, c 55, §2]
2023 Hawaii Revised Statutes › Title 13. Planning and Economic Development › 206M. High Technology Development Corporation › 206M-10 Authorization for loans; loan terms and conditions; loan procedure.

§206M-10 Authorization for loans; loan terms and conditions; loan procedure.
(a) Notwithstanding any law to the contrary, the director of finance is authorized, with the approval of the governor, to make loans up to the aggregate sum of $1,000,000, or so much thereof as may be necessary, to the development corporation. The loans shall be made from the state general fund moneys which are in excess of the amounts necessary for immediate state requirements, and shall be used for the purpose of paying administrative and other costs associated with the development of economic zones and other projects and activities that encourage the growth of the technology industry in Hawaii.
(b) The development corporation, to the extent moneys become available from bond proceeds or otherwise, shall repay the general fund the principal amount of any loan made by the director of finance. No interest shall be required for any such loan.
(c) Loans authorized by this section shall be drawn upon by the development corporation from time to time upon at least five days notice to the director of finance and upon the filing with the director of finance of a certificate of the chairperson of the board setting forth the amount being borrowed, the names of the persons, firms, or corporations to which moneys will be paid from the proceeds of such borrowing and the amount to be paid to each. In addition, the chairperson of the board shall file with the director of finance a copy of the resolution or resolutions of the board approving contracts for services which will be paid from the proceeds of the borrowing. [L 1983, c 152, pt of §2; am L 1991, c 288, §3; am L 2000, c 72, §14; am L 2017, c 69, §5; am L 2022, c 55, §2]
2023 Hawaii Revised Statutes › Title 13. Planning and Economic Development › 206M. High Technology Development Corporation › 206M-11 Special purpose revenue bonds not a general or moral obligation of State.

§206M-11 Special purpose revenue bonds not a general or moral obligation of State.
No holder or holders of special purpose revenue bonds issued under this chapter shall ever have the right to compel any exercise of the taxing power of the State to pay the bonds or the interest thereon and no moneys other than the revenues pledged to the bonds shall be applied to the payment thereof. Each special purpose revenue bond issued under this chapter shall recite in substance that the bond, including interest thereon, is not a general or moral obligation of the State and is payable solely from the revenues pledged to the payment thereof, and that the bond is not secured, directly or indirectly, by the full faith and credit or the general credit of the State or by revenues or taxes of the State other than the revenues specifically pledged thereto. [L 1983, c 152, pt of §2; am L 2000, c 72, §15]
2023 Hawaii Revised Statutes › Title 13. Planning and Economic Development › 206M. High Technology Development Corporation › 206M-12 Special purpose revenue bonds exempt from taxation.

§206M-12 Special purpose revenue bonds exempt from taxation.
Special purpose revenue bonds and the income therefrom issued pursuant to this chapter shall be exempt from all state taxation, except inheritance, transfer, and estate taxes. [L 1983, c 152, pt of §2; am L 2000, c 72, §16]
2023 Hawaii Revised Statutes › Title 13. Planning and Economic Development › 206M. High Technology Development Corporation › 206M-12.5 Federal tax-exempt status.

§206M-12.5 Federal tax-exempt status.
Special purpose revenue bonds issued pursuant to this chapter, to the extent practicable, shall be issued to comply with requirements imposed by applicable federal law providing that the interest on the special purpose revenue bonds shall be excluded from gross income for federal income tax purposes (except as certain minimum taxes, environmental taxes, or other federal taxes or tax consequences may apply). The development corporation may enter into agreements, establish funds or accounts, and take any action required to comply with applicable federal law. Nothing in this chapter shall be deemed to prohibit the issuance of special purpose revenue bonds, the interest on which may be included in gross income for federal income tax purposes. [L 2000, c 72, §2]
2023 Hawaii Revised Statutes › Title 13. Planning and Economic Development › 206M. High Technology Development Corporation › 206M-13 Special purpose revenue bonds as legal investments and lawful security.

§206M-13 Special purpose revenue bonds as legal investments and lawful security.
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. [L 1983, c 152, pt of §2; am L 2000, c 72, §17]
2023 Hawaii Revised Statutes › Title 13. Planning and Economic Development › 206M. High Technology Development Corporation › 206M-14 Status of special purpose revenue bonds under the Uniform Commercial Code.

§206M-14 Status of special purpose revenue bonds under the Uniform Commercial Code.
Notwithstanding any of the provisions of this chapter or any recital in any special purpose revenue bond issued under this chapter, all such special purpose revenue bonds shall be deemed to be investment securities under the Uniform Commercial Code, chapter 490, subject only to the provisions of the special purpose revenue bonds pertaining to registration. [L 1983, c 152, pt of §2; am L 2000, c 72, §18]
2023 Hawaii Revised Statutes › Title 13. Planning and Economic Development › 206M. High Technology Development Corporation › 206M-15 Technology research and development loans and grants.

§206M-15 Technology research and development loans and grants.
(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]
2023 Hawaii Revised Statutes › Title 13. Planning and Economic Development › 206M. High Technology Development Corporation › 206M-15.1 Manufacturing development program; established.

§206M-15.1 Manufacturing development program; established.
(a) There is established the manufacturing development program, through which the development corporation may provide grants to any business in Hawaii that is a manufacturer in the State and requires assistance for any of the following items:
(1) Purchasing of manufacturing equipment;
(2) Training of employees on the use of manufacturing equipment;
(3) Improving existing energy efficiency manufacturing equipment or the purchase of improved energy efficiency equipment in the manufacturing process; or
(4) Studying or planning the implementation of a new manufacturing facility;
provided that no grant shall exceed twenty per cent of the cost of any of the above items, and no company shall receive a grant exceeding $100,000 in any given year.
(b) All moneys necessary to carry out the purposes of this section shall be appropriated by the legislature through appropriations out of the state general fund.
(c) In reviewing grant applications pursuant to this section, the development corporation shall analyze each application to determine whether the item to be undertaken will be economically viable and beneficial to the State.
(d) The development corporation shall submit a report to the legislature no later than twenty days prior to the convening of the regular session held in every even-numbered year. The report shall include the following items:
(1) The total number of grants provided;
(2) The sectors provided with grants;
(3) The total projected economic and employment growth facilitated by the grants provided; and
(4) The actual economic and employment growth that occurred as a result of the grants provided. [L 2015, c 215, §1]