reglab/statecodes huggingface dataset:
2023 Hawaii Revised Statutes › Title 13. Planning and Economic Development › 209. Disaster Relief and Rehabilitation › 209-1 Definitions.

Cross References
Hawaii hurricane relief fund, see chapter 431P.
Other disaster relief provisions, see chapter 127A and chapter 171, part IIIC.
Tax relief, see § §235-7 and 237-24.7.
§209-1 Definitions.
As used in this chapter:
"Board" means the board of land and natural resources.
"Commodity" means any good or service necessary for the health, safety, and welfare of the people of Hawaii; provided that this term shall include, but not be limited to:
(1) Materials;
(2) Merchandise;
(3) Supplies;
(4) Equipment;
(5) Resources; and
(6) Other articles of commerce that shall include, without limitation, the following:
(A) Food;
(B) Water;
(C) Ice;
(D) Chemicals;
(E) Petroleum products;
(F) Construction materials; or
(G) Residential dwellings.
"Coordinator" means the rehabilitation coordinator provided for in section 209-4.
"Director" means the director of business, economic development, and tourism.
"Rehabilitation area" means any area of the State struck by a state disaster and declared to be in need of rehabilitation by the governor pursuant to section 209-2.
"Residential dwelling unit" means any single or multifamily residence where the occupants pay rent to an owner or landlord, for the right to occupy and live on the property.
"Severe weather warning" means the issuance by the National Weather Service of a public notification that a dangerous weather condition exists that could impact the State, or any portion of it, within a specified period of time. This term includes but is not limited to, warnings of coastal inundation (high surf), flash flooding, tsunami, or hurricane.
"Small Business Administration" means the Small Business Administration of the United States.
"State disaster" means any unfortunate, sudden, and extraordinary occurrence declared by the governor pursuant to section 209-2 to have caused losses and suffering of such character and magnitude as to require and justify rehabilitative assistance from the State. [L 1961, c 189, §2; am L 1963, c 2, §3; Supp, §98P-2; HRS §209-1; am L 1987, c 336, §7; am L 1990, c 293, §8; am L 1993, c 333, §1]
2023 Hawaii Revised Statutes › Title 13. Planning and Economic Development › 209. Disaster Relief and Rehabilitation › 209-2 State disaster; determination by governor.

§209-2 State disaster; determination by governor.
(a) After any sudden and extraordinary event that causes losses and suffering, the governor shall make a determination as to whether a state disaster has occurred and thereafter may declare a state disaster for the entire State or any portion thereof. In making this determination, the governor shall consider whether the effect on the health and living standards of a substantial number of persons and the effect on the economy of the State are of such a nature as to warrant assistance from the state government.
(b) The governor, in a proclamation, may designate the whole or any part of the State eligible for the relief provided for in this chapter and unless otherwise provided herein may authorize any or all of the relief measures provided for in parts II, III, and IV. [L 1961, c 189, §3; Supp, §98P-3; HRS §209-2; am L 2017, c 12, §27]
2023 Hawaii Revised Statutes › Title 13. Planning and Economic Development › 209. Disaster Relief and Rehabilitation › 209-3 Duties of state and county department heads.

§209-3 Duties of state and county department heads.
Whenever the governor declares a state disaster all executive heads of departments and all county and city and county agencies shall:
(1) Release personnel temporarily from their respective departments or agencies to work as needed under the direction of the rehabilitation coordinator;
(2) Expedite the granting of rehabilitative assistance administered through their respective offices;
(3) Provide the necessary information, records, and assistance for reporting on the rehabilitative efforts following a state disaster; and
(4) Give full cooperation to the coordinator. [L 1961, c 189, §4; Supp, §98P-4; HRS §209-3]
2023 Hawaii Revised Statutes › Title 13. Planning and Economic Development › 209. Disaster Relief and Rehabilitation › 209-4 Rehabilitation coordinator; authority.

§209-4 Rehabilitation coordinator; authority.
The disaster relief and rehabilitation authorized by this chapter shall be administered by a rehabilitation coordinator who shall be appointed by the governor and shall be directly responsible to the governor. The coordinator shall be chosen from the staff of any state, county, or city and county agency and shall be released with pay from the coordinator's regular duties for the period necessary to perform the coordinator's duties. The reasonable and necessary expenses incurred by the coordinator shall be paid from the funds available or made available to the coordinator. [L 1961, c 189, §5; Supp, §98P-5; HRS §209-4; gen ch 1985]
2023 Hawaii Revised Statutes › Title 13. Planning and Economic Development › 209. Disaster Relief and Rehabilitation › 209-5 Duties of coordinator.

§209-5 Duties of coordinator.
The rehabilitation coordinator shall:
(1) Provide for the official contact between the State and persons affected by the state disaster;
(2) Make available to persons affected by the state disaster information on all state rehabilitation programs;
(3) Aid all persons affected by the state disaster in securing assistance available under this chapter;
(4) Inform persons affected by the state disaster of assistance available from sources other than the State, and assist the victims in obtaining any assistance;
(5) Keep lists of persons affected by the state disaster, all assistance received by the victims from the State and, to the extent that the information is available, assistance from other sources;
(6) Advise the governor as to the administration and effectiveness of the various programs;
(7) Establish a temporary office on the island affected by the state disaster if necessary, and where more than one island is affected, establish such offices as the governor may direct; and
(8) File an annual report with the governor and the legislature describing the organization, activities, expenditures, and assistance granted pursuant to this chapter and making recommendations to increase the effectiveness of this chapter at least twenty days before the convening of the regular session of the legislature. [L 1961, c 189, §6; Supp, §98P-6; HRS §209-5; am L 1976, c 205, §1(1); am L 1979, c 105, §20; am L 1993, c 333, §2]
2023 Hawaii Revised Statutes › Title 13. Planning and Economic Development › 209. Disaster Relief and Rehabilitation › 209-6 Relation to other agencies.

§209-6 Relation to other agencies.
This chapter is not intended, nor shall it be construed in any manner, to conflict with or assume the responsibility of the American National Red Cross, any agency of the federal government, the Salvation Army, or the emergency management activities of the state department of defense. [L 1961, c 189, §7; Supp, §98P-7; HRS §209-6; am L 2014, c 111, §8]
2023 Hawaii Revised Statutes › Title 13. Planning and Economic Development › 209. Disaster Relief and Rehabilitation › 209-7 Closing of application date; position of coordinator terminated.

§209-7 Closing of application date; position of coordinator terminated.
[(a)] The governor shall set a date after which no further applications for assistance under this chapter shall be received and may thereafter for good cause extend the date for a reasonable period of time. If no date is set by the governor, no application shall be received six months after the issuance of the governor's proclamation declaring a state disaster.
[(b)] With respect to each state disaster declared by the governor pursuant to section 209-2 the position of rehabilitation coordinator shall be abolished upon completion of the rehabilitation coordinator's duties provided for in this chapter as determined by the governor. [L 1961, c 189, §8; Supp, §98P-8; HRS §209-7; gen ch 1985]
2023 Hawaii Revised Statutes › Title 13. Planning and Economic Development › 209. Disaster Relief and Rehabilitation › 209-8 Consideration of other recoveries.

§209-8 Consideration of other recoveries.
In determining the eligibility of each person for every manner of assistance provided for in this chapter, the administering authorities shall consider every other type of assistance granted under the authority of this chapter, by any agency of the federal government, by the American National Red Cross, the Salvation Army, and every other manner of assistance, whether through insurance, donation or compensation from any source. [L 1961, c 189, §9; Supp, §98P-9; HRS §209-8]
2023 Hawaii Revised Statutes › Title 13. Planning and Economic Development › 209. Disaster Relief and Rehabilitation › 209-10 Agricultural water systems; emergency power.

§209-10 Agricultural water systems; emergency power.
When the governor has declared that a disaster has occurred for any portion of the State, pursuant to section 209-2, which results in damage to an agricultural water system that necessitates the temporary use of electrical power or backup generators to pump ground water for irrigation until the system can be repaired, the person who controls, operates, or manages the system may negotiate an agreement for the production of emergency power for the agricultural water system. The agreement shall terminate when the governor determines that the disaster emergency relief period is terminated.
If the negotiated agreement is with an independent power producer that is not currently regulated by the public utilities commission, the execution of the agreement shall not cause the independent power producer to become subject to the jurisdiction of the public utilities commission. [L 2008, c 97, §2]
2023 Hawaii Revised Statutes › Title 13. Planning and Economic Development › 209. Disaster Relief and Rehabilitation › 209-16 Housing relief.

§209-16 Housing relief.
(a) Whenever the governor pursuant to section 209-2 declares a state disaster, the governor may invoke this part. After the declaration by the governor and pursuant to the governor's proclamation, the Hawaii housing finance and development corporation shall construct, manage, and operate housing units on public lands which may be set aside by the governor, using for the purpose the funds available or made available to the Hawaii housing finance and development corporation.
(b) Housing so constructed shall be of standard quality and shall conform substantially to the specifications used on other projects controlled by the Hawaii public housing authority. [L 1961, c 189, §10; Supp, §98P-10; HRS §209-16; gen ch 1985; am L 1987, c 337, §9(1); am L 1997, c 350, § §10, 14; am L 2005, c 196, §26; am L 2006, c 180, §16]
2023 Hawaii Revised Statutes › Title 13. Planning and Economic Development › 209. Disaster Relief and Rehabilitation › 209-17 Use of funds in relation to federal projects.

§209-17 Use of funds in relation to federal projects.
The funds allocated to this part shall be expended by the Hawaii housing finance and development corporation only upon the finding that the housing project found necessary does not qualify for federal aid or participation. [L 1961, c 189, §11; Supp, §98P-11; HRS §209-17; am L 1986, c 339, §14; am L 1987, c 337, §9(2); am L 1997, c 350, §14; am L 2005, c 196, §26(b); am L 2006, c 180, §16]
Cross References
Public lands for disaster relief, see §171-93.
2023 Hawaii Revised Statutes › Title 13. Planning and Economic Development › 209. Disaster Relief and Rehabilitation › 209-26 Administration.

Note
Part heading amended by L 1976, c 205, §1(2).
§209-26 Administration.
(a) Except as otherwise provided, the director of business, economic development, and tourism is designated as the administrator responsible for the administration of this part. The director shall:
(1) Administer loans for the purpose and according to this part; and
(2) Adopt rules to carry out the purposes of this part.
(b) The department may contract with any financial institution for services including servicing or administering loans pursuant to this section.
(c) For purposes of this section, "financial institution" means any organization authorized to do business under state or federal laws relating to financial institutions, including without limitation, banks, savings banks, savings and loan companies or associations, financial services loan companies, and credit unions. [L 1961, c 189, §12; am L 1963, c 2, §3; Supp, §98P-12; HRS §209-26; ree L 1976, c 205, §1(2); am L 1987, c 336, §7; am L 1990, c 293, §8; am L 1998, c 118, §6]
Cross References
Rules, see chapter 91.
2023 Hawaii Revised Statutes › Title 13. Planning and Economic Development › 209. Disaster Relief and Rehabilitation › 209-27 Types of loans; participation.

§209-27 Types of loans; participation.
The director of business, economic development, and tourism may make two types of loans:
(1) Loans in participation with private financial institutions to be known as participating loans; and
(2) Loans wholly from state funds to be known as direct loans.
The director may negotiate contracts with private financial institutions upon reasonable terms for the participation of the institutions with the State in the making of loans pursuant to this part including but not limited to a term by which the financial institutions undertake to service the loan. Participation agreement shall provide that at least ten per cent of the total loan be comprised of funds from the private financial institution. The private financial institution's share of the disbursement of funds of any loan shall be the same percentage agreed upon for its participation in the total amount of that loan. No direct loan shall be made unless a participating loan cannot be negotiated at reasonable terms. [L 1961, c 189, §13; Supp, §98P-13; HRS §209-27; ree L 1976, c 205, §1(2); am L 1987, c 336, §7; am L 1990, c 293, §8]
2023 Hawaii Revised Statutes › Title 13. Planning and Economic Development › 209. Disaster Relief and Rehabilitation › 209-28 Purpose of loans.

§209-28 Purpose of loans.
(a) Commercial loans may be made for the following purposes: to purchase inventory, equipment, and machinery; to construct, repair, or restore buildings; to provide operating funds; and to refinance outstanding business loans on equipment and buildings; provided that the loans shall be used to rehabilitate the business of the disaster victim as nearly as possible to its predisaster level; and provided further that the loans shall not be used to begin a business substantially different from the one the disaster victim was engaged in before the state disaster. Business concerns which were nonowners of buildings before the state disaster shall not be precluded from obtaining building loans under this part.
(b) Personal loans may be made for the purpose of meeting necessary expenses or to satisfy serious needs of individuals and families including reciprocal beneficiaries which arose as an immediate and direct result of a disaster. [L 1961, c 189, §14; Supp, §98P-14; HRS §209-28; am L 1976, c 205, §1(2); am L 1997, c 383, §37]
2023 Hawaii Revised Statutes › Title 13. Planning and Economic Development › 209. Disaster Relief and Rehabilitation › 209-29 Eligibility for loans.

§209-29 Eligibility for loans.
Loans may be made to individuals, partnerships, corporations, cooperatives, or other business associations, but only if the applicant:
(1) Suffered loss of or damage to property in a rehabilitation area as a result of a state disaster;
(2) For a commercial loan, had operated an industrial, manufacturing, processing, wholesaling, or retailing business, or professional or service business, or building rental business, immediately before the disaster;
(3) Presents a suitable program for:
(A) Rehabilitation or reestablishment of the applicant's business to its predisaster level when applying for a commercial loan; or
(B) Meeting necessary expenses and satisfying the serious needs of the applicant and the applicant's family including reciprocal beneficiary when applying for a personal loan;
(4) Has reasonable ability to repay the loan; and
(5) For a commercial loan, presents written evidence that the Small Business Administration had declined an application for financial assistance under the Small Business Administration Disaster Loan Program or has reduced the amount of the loan request; provided that the declination was not due to the applicant's having sufficient financial resources to rehabilitate the applicant; or
(6) For a commercial loan, cannot secure any loans from the Small Business Administration Disaster Loan Program because the making of the loans is not covered by the program, and the director of business, economic development, and tourism is reasonably satisfied that the applicant is not able to secure loans from private lending institutions and does not have sufficient financial resources to rehabilitate the applicant.
Paragraph (6) shall be applied in the alternative with respect to paragraph (5) of this section. [L 1961, c 189, §15; Supp, §98P-15; HRS §209-29; am L 1976, c 205, §1(2); gen ch 1985; am L 1987, c 336, §7; am L 1990, c 293, §8; am L 1997, c 383, §38]
2023 Hawaii Revised Statutes › Title 13. Planning and Economic Development › 209. Disaster Relief and Rehabilitation › 209-30 Terms.

§209-30 Terms.
(a) No loan shall include any portion or item of loss covered by a contract of insurance or for which the applicant receives assistance from any other federal, state, or county program of disaster relief, and the amount of loans to any one applicant shall in no case exceed $75,000 for a commercial loan and $35,000 for a personal loan.
(b) No loan shall be made for a term exceeding twenty years.
(c) Each loan shall bear simple interest at the rate of five per cent a year for direct loans and the State's share of participating loans.
(d) The commencement date for the repayment of the first installment on principal only for each loan may be deferred for a period of six months from the date of the loan. [L 1961, c 189, §16; Supp, §98P-16; HRS §209-30; am L 1976, c 205, §1(2); am L 1990, c 71, §1; am L 1993, c 334, §1]
2023 Hawaii Revised Statutes › Title 13. Planning and Economic Development › 209. Disaster Relief and Rehabilitation › 209-31 Security for loans.

§209-31 Security for loans.
Security for any loan when not available is not required, however, whenever property other than personal property and inventory, is purchased with the loan funds, a mortgage or pledge of such property shall be required as security for the loan. The director of business, economic development, and tourism may, in the director's discretion, permit the mortgage or pledge to be subordinated to the lien of a financial institution or government lending agency in the event the subordination should become necessary for the borrower to secure additional funds. [L 1961, c 189, §17; Supp, §98P-17; HRS §209-31; am L 1976, c 205, §1(2); gen ch 1985; am L 1987, c 336, §7; am L 1990, c 293, §8]
2023 Hawaii Revised Statutes › Title 13. Planning and Economic Development › 209. Disaster Relief and Rehabilitation › 209-32 Conditions of loans.

§209-32 Conditions of loans.
Every applicant who is granted a loan under the provisions of this part shall:
(1) Expend the loan funds only for those purposes authorized by the director of business, economic development, and tourism;
(2) Agree not to sell or otherwise dispose of mortgaged or pledged property except on written consent of the director, and except upon such conditions as the director may prescribe in writing;
(3) Undertake to pay, when due, all taxes, liens, judgments, or assessments which may be lawfully assessed against the property mortgaged, together with the costs and expenses of any foreclosure of the mortgage; and
(4) Keep insured to the satisfaction of the director all buildings and other insurable property covered by any mortgage. [L 1961, c 189, §18; Supp, §98P-18; HRS §209-32; ree L 1976, c 205, §1(2); am L 1987, c 336, §7; am L 1990, c 293, §8]
2023 Hawaii Revised Statutes › Title 13. Planning and Economic Development › 209. Disaster Relief and Rehabilitation › 209-33 Default.

§209-33 Default.
If the applicant is in default of any term or condition in any loan agreement or mortgage or the provisions of this part, the unpaid balance of the loan, including interest, shall, at the option of the director of business, economic development, and tourism, become due and payable forthwith, and the director may foreclose any mortgage by any method provided by law. [L 1961, c 189, §19; Supp, §98P-19; HRS §209-33; ree L 1976, c 205, §1(2); am L 1987, c 336, §7; am L 1990, c 293, §8]
2023 Hawaii Revised Statutes › Title 13. Planning and Economic Development › 209. Disaster Relief and Rehabilitation › 209-34 State disaster revolving loan fund.

§209-34 State disaster revolving loan fund.
(a) There is established the state disaster revolving loan fund into which shall be deposited all moneys appropriated by the legislature to the fund, contributed or transferred to the fund, and received as repayment of loans and interest payments as provided in this part, and from which the director of business, economic development, and tourism may make loans in accordance with this part.
(b) The director may transfer moneys from the state disaster revolving loan fund established by this section to either the Hawaii capital loan revolving fund established by section 210-3 or the Hawaii innovation development fund established by section 211E-2. Moneys from the Hawaii capital loan revolving fund established by section 210-3, the Hawaii innovation development loan revolving fund established by section 211E-2, and the state disaster revolving loan fund shall be disbursed by the department or the director pursuant to chapters 209, 210, and 211E, respectively. The department or the director may transfer moneys from the Hawaii capital loan revolving fund and the Hawaii innovation development fund to the state disaster revolving loan fund for disbursement pursuant to this chapter.
(c) The total amount of moneys transferred to the state disaster revolving loan fund, the Hawaii capital loan revolving fund, or the Hawaii innovation development fund shall not exceed $1,000,000 for each respective fund within the calendar year.
(d) Notwithstanding subsection (c) to the contrary, the total amount of moneys transferred between the state disaster revolving loan fund and the Hawaii capital loan revolving fund or the Hawaii innovation development fund shall not exceed $1,000,000 within the calendar year if the governor proclaims a state disaster pursuant to section 209-2.
(e) The director shall report any transfer of funds made under this section to the legislature within ten days of the transfer.
(f) All unexpended and unencumbered moneys remaining in the state disaster revolving loan fund at the close of each fiscal year, which are deemed by the director of finance to be in excess of the moneys necessary to carry out the purposes of this section over the next following fiscal year, shall lapse to the credit of the general fund. [L 1976, c 205, §1(2); am L 1987, c 336, §7; am L 1990, c 293, §8; am L 1993, c 280, §22; am L 1996, c 143, §2]
Note
Sections 210-3 and 211E-2 referred to in subsection (b) are repealed.
2023 Hawaii Revised Statutes › Title 13. Planning and Economic Development › 209. Disaster Relief and Rehabilitation › 209-41 Disaster unemployment benefits.

§209-41 Disaster unemployment benefits.
Whenever the governor declares a state disaster and invokes the provisions of this part as provided in section 209-2, the maximum total benefits in a benefit year as appearing in column D of section 383-22 for each high quarter wage scale shall be increased by adding the product of thirteen multiplied by the basic weekly benefit appearing in column B to the appropriate line of column D.
The extending benefits shall be allowed only for individuals who reside in a rehabilitation area and shall be available for only one benefit year which shall begin no later than one year following the issuance of the governor's proclamation declaring a state disaster. [L 1961, c 189, §20; Supp, §98P-20; HRS §209-41]
Cross References
Other disaster unemployment benefits, see chapter 385.
2023 Hawaii Revised Statutes › Title 13. Planning and Economic Development › 209E. State Enterprise Zones › 209E-1 Purpose.

§209E-1 Purpose.
It is declared that the health, safety, and welfare of the people of this State are dependent upon the continual encouragement, development, growth, and expansion of the private sector, and that there are certain areas in the State that need the particular attention of government to help attract private sector investment. Therefore, it is the purpose of this chapter to stimulate business, agricultural, and industrial growth in areas that would result in neighborhood revitalization of those areas by means of regulatory flexibility and tax incentives. [L 1986, c 78, pt of §1; am L 2008, c 143, §2]
2023 Hawaii Revised Statutes › Title 13. Planning and Economic Development › 209E. State Enterprise Zones › 209E-3 Administration.

§209E-3 Administration.
The department shall administer this chapter and shall have the following powers and duties:
(1) To establish criteria for determining what areas qualify as enterprise zones. The criteria shall be the minimum required for implementation of the purpose of this chapter;
(2) To monitor the implementation and operation of this chapter;
(3) To conduct a continuing evaluation program of enterprise zones;
(4) To assist counties in obtaining the reduction of rules within enterprise zones;
(5) To submit annual reports evaluating the effectiveness of the program and any recommendations for legislation to the governor;
(6) To administer and enforce the rules adopted by the department; and
(7) To administer this chapter in such a manner that the area to be designated as an enterprise zone will most benefit the area and the State. [L 1986, c 78, pt of §1]
Attorney General Opinions
Department promulgated rules requiring initial survey and annual report from the participating county pursuant to its duty under paragraph (3). If extending survey and reporting requirements to new enterprise zone (EZ) created by the legislature would result in an increase in the level of service under city and county's existing program, then, unless department was willing to share in the cost, city and county was not required to submit initial survey or annual report on new EZ. Att. Gen. Op. 98-1.
2023 Hawaii Revised Statutes › Title 13. Planning and Economic Development › 209E. State Enterprise Zones › 209E-4 Enterprise zone designation.

§209E-4 Enterprise zone designation.
(a) The governing body of any county may apply in writing to the department to have an area declared to be an enterprise zone. The application shall include a description of the location of the area or areas in question, and a general statement identifying proposed local incentives to complement the state and any federal incentives.
(b) The governor, upon the recommendation of the director, shall approve the designation of up to six areas in each county as enterprise zones for a period of twenty years. Any such area shall be located in one United States census tract or two or more contiguous United States census tracts in accordance with the most recent decennial United States Census. The census tract or tracts within which each enterprise zone is located also shall meet at least one of the following criteria:
(1) Twenty-five per cent or more of the population have incomes below eighty per cent of the median family income of the county; or
(2) The unemployment rate is 1.5 times the state average. [L 1986, c 78, pt of §1; am L 1989, c 390, §2; am L 1993, c 341, §2; am L 1995, c 91, §3; am L 1997, c 262, §2; am L 2009, c 174, §3]
Attorney General Opinions
Act 262, L 1997, did not require city and county to offer county-level incentives to qualified businesses in new enterprise zone created legislatively by the Act. Att. Gen. Op. 98-1.
If extending survey and reporting requirements to new enterprise zone (EZ) created by the legislature would result in an increase in the level of service under city and county's existing program, then, unless department was willing to share in the cost, city and county was not required to submit initial survey or annual report on new EZ. Att. Gen. Op. 98-1.
Qualified businesses located in new enterprise zone (EZ) would be eligible for state tax incentives for seven-year period set forth in § §209E-10(a) and 209E-11, although a portion of that seven-year period extended beyond new EZ's five-year sunset date. Att. Gen. Op. 98-1.
Where legislature designated agricultural lands in Waialua district as an enterprise zone (EZ) in Act 262, L 1997, existing EZ at Waialua-Haleiwa was not affected because it was established prior to December 31, 1996, the retroactive effective date of the Act. Att. Gen. Op. 98-1.
2023 Hawaii Revised Statutes › Title 13. Planning and Economic Development › 209E. State Enterprise Zones › 209E-5 Application review.

§209E-5 Application review.
(a) The department shall review each application upon receipt and shall secure any additional information that the department deems necessary for the purpose of determining whether the area described in the application qualifies to be declared an enterprise zone.
(b) The department shall complete review of the application within sixty days of the last date designated for receipt of an application. After review of the applications, the department shall recommend to the governor within thirty days those applications with the greatest potential for accomplishing the purpose of this chapter. If an application is denied, the governing body shall be informed of that fact together with the reasons for the denial. [L 1986, c 78, pt of §1; am L 1995, c 91, §4]
2023 Hawaii Revised Statutes › Title 13. Planning and Economic Development › 209E. State Enterprise Zones › 209E-8 Rules.

§209E-8 Rules.
Rules prescribing procedures effectuating the purpose of this chapter shall be adopted by the department in consultation with the department of taxation pursuant to chapter 91. [L 1986, c 78, pt of §1; am L 1989, c 390, §3]
2023 Hawaii Revised Statutes › Title 13. Planning and Economic Development › 209E. State Enterprise Zones › 209E-11 State general excise exemptions.

§209E-11
State general excise exemptions.
The department shall certify annually to the department of taxation that any qualified business is exempt from the payment of general excise taxes on the gross proceeds from an eligible business activity as defined in this chapter; provided that agricultural businesses other than those engaged in the production of genetically-engineered agricultural products shall not be exempt from the payment of general excise taxes on the gross proceeds of agricultural retail sales. The gross proceeds received by a contractor licensed under chapter 444 shall be exempt from the general excise tax for construction within an enterprise zone performed for a qualified business within an enterprise zone or a business that has been approved by the department to enroll into the enterprise zone program. The exemption shall extend for a period not to exceed seven years; provided that for qualified businesses engaged in the manufacturing of tangible personal property or the producing or processing of agricultural products, the exemption shall extend for a period not to exceed ten years; provided further that if a force majeure event occurs, then the period of time shall be tolled until the force majeure event ceases. [L 1986, c 78, pt of §1; am L 1989, c 390, §6; am L 1996, c 286, §3; am L 1997, c 262, §4; am L 2000, c 118, §4; am L 2002, c 146, §3; am L 2008, c 143, §5; am L 2009, c 174, §6]
Attorney General Opinions
Qualified businesses located in new enterprise zone (EZ) would be eligible for state tax incentives for seven-year period set forth in §209E-10(a) and this section, although a portion of that seven-year period extended beyond new EZ's five-year sunset date. Att. Gen. Op. 98-1.
2023 Hawaii Revised Statutes › Title 13. Planning and Economic Development › 209E. State Enterprise Zones › 209E-12 Local incentives.

§209E-12 Local incentives.
(a) In applying for designation as an enterprise zone, the applying county may propose local incentives, including, but not limited to:
(1) Reduction of permit fees;
(2) Reduction of user fees; and
(3) Reduction of real property taxes.
(b) The application also may contain proposals for regulatory flexibility, including, but not limited to:
(1) Special zoning districts;
(2) Permit process reform;
(3) Exemptions from local ordinances; and
(4) Other public incentives proposed in the locality's application, which shall be binding upon the locality upon designation of the enterprise zone. [L 1986, c 78, pt of §1]
Attorney General Opinions
Where new enterprise zone (EZ) was created legislatively by Act 262, L 1997, the Act did not require city and county to offer county-level incentives to qualified businesses in the new EZ. Att. Gen. Op. 98-1.
2023 Hawaii Revised Statutes › Title 13. Planning and Economic Development › 209E. State Enterprise Zones › 209E-13 Termination of enterprise zone.

§209E-13 Termination of enterprise zone.
Upon designation of an area as an enterprise zone, the proposals for regulatory flexibility, tax incentives, and other public incentives specified in this chapter shall be binding upon the county governing body to the extent and for the period of time specified in the application for zone designation. If the county governing body is unable or unwilling to provide any of the incentives set forth in section 209E-12 or other incentives acceptable to the department, the enterprise zone shall terminate. Qualified businesses located in the enterprise zone shall be eligible to receive the state tax incentives provided by this chapter even though the zone designation has terminated. No business may become a qualified business after the date of zone termination. The county governing body may amend its application with the approval of the department; provided the county governing body proposes an incentive equal to or superior to the unamended application. [L 1986, c 78, pt of §1]
Attorney General Opinions
Qualified businesses located in new enterprise zone (EZ) would be eligible for state tax incentives for seven-year period set forth in § §209E-10(a) and 209E-11, although a portion of that seven-year period extended beyond new EZ's five-year sunset date. Att. Gen. Op. 98-1.
Where new enterprise zone (EZ) was created legislatively by Act 262, L 1997, the Act did not require city and county to offer county-level incentives to qualified businesses in the new EZ. Att. Gen. Op. 98-1.
2023 Hawaii Revised Statutes › Title 13. Planning and Economic Development › 209E. State Enterprise Zones › 209E-14 Force majeure event; agricultural businesses.

§209E-14 Force majeure event; agricultural businesses.
If a business engaged in agricultural production or processing is:
(1) Wholly or partially prevented from maintaining eligibility requirements under section 209E-9; or
(2) Interrupted,
by reason of or through any force majeure event, then the business shall not be disqualified under this chapter. The business shall remain eligible for all tax incentives under this chapter during any period of time while experiencing conditions under paragraph (1) or (2) caused by a force majeure event, and the seven-year eligibility period shall be extended by an equivalent period of time. The business shall be as prompt and diligent as practicable in providing the department with notice of a force majeure event or of any situation that may lead to a force majeure event. [L 2008, c 143, §1]
2023 Hawaii Revised Statutes › Title 13. Planning and Economic Development › 210. Capital Loan Program › 210-1 Definitions.

§210-1 Definitions.
As used in this chapter:
"Department" means the department of business, economic development, and tourism.
"Director" means the director of business, economic development, and tourism.
"SBA" means the Small Business Administration of the United States Government.
"SBIA" means the Federal Small Business Investment Act of 1958, as amended.
"Small business concern" means the business concerns that are defined in the Small Business Act, as amended (P.L. 87-367) and classified by the SBA in its size standards. [L 1963, c 76, §2; am L 1964, c 42, §3; Supp, §98R-2; HRS §210-1; am L 1987, c 336, §7; am L 1990, c 293, §8]
Revision Note
Numeric designations deleted and definitions rearranged pursuant to §23G-15.
2023 Hawaii Revised Statutes › Title 13. Planning and Economic Development › 210. Capital Loan Program › 210-2 Hawaii capital loan program.

§210-2 Hawaii capital loan program.
There is created a capital loan program which shall be administered by the director of business, economic development, and tourism in accordance with the spirit and intent of this chapter. [L 1963, c 76, §3; Supp, §98R-3; HRS §210-2; am L 1987, c 336, §7; am L 1990, c 293, §8]
2023 Hawaii Revised Statutes › Title 13. Planning and Economic Development › 210. Capital Loan Program › 210-3.5 REPEALED. L Sp 1995, c 2, §3(3); L 1999, c 112, §2.

§210-3.5
REPEALED.
L Sp 1995, c 2, §3(3); L 1999, c 112, §2.
2023 Hawaii Revised Statutes › Title 13. Planning and Economic Development › 210. Capital Loan Program › 210-4 Functions, powers, and duties of director.

§210-4 Functions, powers, and duties of director.
In the performance of, and with respect to, the functions, powers, and duties vested in the director by this chapter, the director of business, economic development, and tourism may:
(1) Prescribe rules and regulations to carry out this chapter.
(2) Perform all functions necessary to effectuate the purposes of this chapter. [L 1963, c 76, §5; Supp, §98R-5; HRS §210-4; gen ch 1985; am L 1987, c 336, §7; am L 1990, c 293, §8]
Cross References
Rules, see chapter 91.
2023 Hawaii Revised Statutes › Title 13. Planning and Economic Development › 210. Capital Loan Program › 210-5 Rules and regulations.

§210-5 Rules and regulations.
The rules and regulations shall:
(1) Prescribe the qualifications for eligibility of applicants for loans.
(2) Establish preferences and priorities in determining eligibility for loans.
(3) Establish the conditions, consistent with the purposes of this chapter, for the granting or for the continuance of a grant of a loan.
(4) Provide for inspection, at reasonable hours, of the plant, books, and records of an enterprise which has applied for or has been granted a loan, and to require the submission of progress and final reports. [L 1963, c 76, §6; Supp, §98R-6; HRS §210-5]
2023 Hawaii Revised Statutes › Title 13. Planning and Economic Development › 210. Capital Loan Program › 210-7 Loans to development companies.

§210-7 Loans to development companies.
(a) The department of business, economic development, and tourism may make loans to development companies incorporated in the State for the purpose of supplementing the funds required to be forthcoming to qualify development companies to receive financial assistance under Title V of SBIA. The loans shall be subject to terms and conditions established by the department as similar as possible to applicable terms and conditions prescribed by regulations adopted by SBA.
(b) Subject to the availability of funds, a request from the Hawaii technology development corporation for a transfer of funds to supplement appropriations for small business innovation research grants shall be granted expeditiously. If available funds are inadequate for a transfer to the development corporation, the director shall advise the development corporation that a transfer will be made when sufficient funds are available in the Hawaii capital loan revolving fund. [L 1964, c 42, §5; Supp, §98R-8; HRS §210-7; am L 1982, c 92, §6; am L 1987, c 336, §7; am L 1990, c 293, §8; am L 1991, c 85, §2; am L 2017, c 69, §4]
Note
The Hawaii capital loan revolving fund referred to in subsection (b) is repealed.
2023 Hawaii Revised Statutes › Title 13. Planning and Economic Development › 210. Capital Loan Program › 210-8 Reports.

§210-8 Reports.
The department of business, economic development, and tourism shall make a report as of December 31 of each year of operations under this chapter to the governor, the president of the senate, and the speaker of the house of representatives, on the progress made under this chapter. These reports shall be submitted not later than February 1 immediately following the period covered by the report. [L 1963, c 76, §8; Supp, §98R-9; HRS §210-8; am L 1987, c 336, §7; am L 1990, c 293, §8]
Cross References
Due date of annual report, see §93-12.
2023 Hawaii Revised Statutes › Title 13. Planning and Economic Development › 210D. Community-Based Development › 210D-1 Findings and purpose.

§210D-1 Findings and purpose.
The legislature finds that:
(1) It is in the best interest of the State to bring about a diversification of opportunities in all aspects of life for the residents and communities of the State;
(2) Community-based enterprises play an important part in providing a diversification of opportunities for Hawaii's residents and communities;
(3) Community-based enterprises are characterized by their interests not only in profits but in community empowerment, that is, building the community to enable it to be more self-reliant, which encourages diversification of opportunities for Hawaii's residents and communities;
(4) Community-based enterprises have the potential to increase self-determination, provide employment opportunities, strengthen community identity, retain and create community cultural anchors, and reinforce community social, cultural, economic, and spiritual values, and are thus of crucial importance in securing the diversification of opportunities;
(5) Programs to develop community-based enterprises have the potential to increase self-reliance and provide employment opportunities to Hawaii's people;
(6) Conventional financial institutions traditionally do not provide loans to establish or expand community- based enterprises;
(7) No present state agency or program has the authority to financially assist community-based enterprises; and
(8) The State should initiate a program to assist community-based enterprises through loans, grants, and technical assistance.
The purpose of this chapter is to establish a program of technical and financial assistance for community-based organizations to assist the establishment and development of community-based enterprises in the State. [L 1990, c 111, pt of §2; am L 1996, c 192, §2]
2023 Hawaii Revised Statutes › Title 13. Planning and Economic Development › 210D. Community-Based Development › 210D-2 Definitions.

§210D-2 Definitions.
As used in this chapter:
"Community-based economic development" means a community institution-building process that results in community-based enterprises and other economic development activities which are designed and implemented by a community; consistent with a community's values, culture, and vision; and intended to increase community control over local resources and decision-making processes.
"Community-based organization" means a nonprofit corporation incorporated in the State of Hawaii that is organized and controlled by either a geographic community, a community of identity, or a community of interest and that is directly involved in community-based economic development activities.
"Community of identity" means a group of people who may not live in the same geographic area but who are bound together through a common ethnicity or other personal characteristic such as age or social status.
"Community of interest" means a group of people who may not live in the same geographic area but who are bound together through a common economic interest such as coffee growers or an aquaculture cooperative.
"Council" means the community-based economic development advisory council.
"Department" means the department of business, economic development, and tourism. [L 1990, c 111, pt of §2; am L 1996, c 192, §3; am L 2009, c 124, §2; am L 2017, c 47, §1]
2023 Hawaii Revised Statutes › Title 13. Planning and Economic Development › 210D. Community-Based Development › 210D-3 Hawaii community-based economic development technical and financial assistance program.

§210D-3 Hawaii community-based economic development technical and financial assistance program.
There is established the Hawaii community-based economic development technical and financial assistance program, placed within the department. [L 1990, c 111, pt of §2; am L 1996, c 192, §4]
2023 Hawaii Revised Statutes › Title 13. Planning and Economic Development › 210D. Community-Based Development › 210D-4 Hawaii community-based economic development special fund; established.

§210D-4 Hawaii community-based economic development special fund; established.
There is established a special fund to be known as the Hawaii community-based economic development special fund from which moneys shall be loaned or granted by the department under this chapter. All moneys appropriated to the fund by the legislature, received as repayments of loans, payments of interest or fees, and all other moneys received by the fund from any other source shall be deposited into the special fund and used for the purposes of this chapter. The department may deposit moneys it receives from the repayments of loans and payments of interest or fees from the Hawaii capital loan program established by chapter 210, the Hawaii large fishing vessel purchase, construction, renovation, maintenance, and repair loan program established by part II of chapter 189, and the Hawaii small fishing vessel loan program established by part IV of chapter 189, into the Hawaii community-based economic development special fund to be used for the purposes of this chapter. The department may use all appropriations and other moneys in the special fund not appropriated for a designated purpose to make grants or loans. [L 1990, c 111, pt of §2; am L 1991, c 255, §2(1); am L 1996, c 192, §5; am L 2009, c 124, §3; am L 2018, c 28, §1; am L Sp 2021, c 9, §31]
2023 Hawaii Revised Statutes › Title 13. Planning and Economic Development › 210D. Community-Based Development › 210D-5 Community-based economic development advisory council; established.

§210D-5 Community-based economic development advisory council; established.
There is established the community-based economic development advisory council, which shall consist of ten members. The director of business, economic development, and tourism, the chairperson of the board of agriculture, and the chairperson of the office of Hawaiian affairs, or their respective designees, shall be ex officio[,] voting members of the council. The remaining seven members shall be appointed by the governor in accordance with section 26-34. Each county shall be represented by at least one member who is a resident of that county, and at least one member of the council shall be a representative of the financial community. The council shall be placed for administrative purposes in the department of business, economic development, and tourism. [L 1990, c 111, pt of §2; am L 1996, c 192, §6; am L 2017, c 47, §2]
2023 Hawaii Revised Statutes › Title 13. Planning and Economic Development › 210D. Community-Based Development › 210D-6 Compensation and expenses of members.

§210D-6 Compensation and expenses of members.
All members shall serve without compensation, but may be reimbursed for any actual and necessary expenses, including travel expenses, incurred in carrying out their official duties. [L 1990, c 111, pt of §2; am L 2009, c 124, §4]
2023 Hawaii Revised Statutes › Title 13. Planning and Economic Development › 210D. Community-Based Development › 210D-7 Authority of council.

§210D-7 Authority of council.
The council shall review all requests for financial assistance to assess whether the proposed community-based economic development activity or enterprise is likely to achieve the purposes of this chapter. The council shall make recommendations to the department regarding the appropriateness of the proposed activity or enterprise, and the department shall then have final authority to approve or disapprove the application for financial assistance. [L 1990, c 111, pt of §2; am L 1996, c 192, §7]