reglab/statecodes huggingface dataset:
2023 Hawaii Revised Statutes › Title 13. Planning and Economic Development › 206E. Hawaii Community Development Authority › 206E-5 Designation of community development districts; community development plans.

§206E-5 Designation of community development districts; community development plans.
(a) The legislature, by statute, may designate an area as a community development district if it determines that there is need for replanning, renewal, or redevelopment of that area. The designation shall describe the boundaries of the district.
(b) After designation, the authority shall develop a community development plan for the designated district. The plan shall include but not be limited to community development guidance policies, district-wide improvement program and community development rules.
(c) The authority may enter into cooperative agreements with qualified persons or public agencies, where the powers, services, and capabilities of such persons or agencies are deemed necessary and appropriate for the development of the community development plan.
(d) Whenever possible, planning activities of the authority shall be coordinated with federal, state and county plans. Consideration shall be given to state goals and policies, adopted state plan or land use guidance policies, county general plans, development plans, and ordinances.
(e) The authority shall hold a public hearing on a proposed community development plan pursuant to chapter 91 and, after consideration of comments received and appropriate revision, shall submit the community development plan to the governor for the governor's approval.
After approval, the governor shall submit to the legislature requests for appropriations, authorization to issue bonds, or both, to implement the community development plan in an orderly, affordable, and feasible manner. The governor shall submit the requests to the legislature as part of the executive budget or supplemental budget, as appropriate. In addition to the information, data, and materials required under chapter 37, the requests shall be accompanied by:
(1) Plans, maps, narrative descriptions, and other appropriate materials on the:
(A) Locations and design of projects or public facilities proposed to be funded; and
(B) Phase of the community development plans proposed to be implemented with the requested funds; and
(2) Other information deemed by the governor of significance to the legislature regarding the projects or public facilities proposed to be funded, including a discussion of the public benefits intended by, and adverse effects which may result from, implementation of the projects or public facilities.
(f) The authority may amend the community development plan as may be necessary. Amendments shall be made in accordance with chapter 91. [L 1976, c 153, pt of §1; gen ch 1985; am L 1987, c 355, §5]
2023 Hawaii Revised Statutes › Title 13. Planning and Economic Development › 206E. Hawaii Community Development Authority › 206E-5.5 Community and public notice requirements; posting on the authority's website; required.

§206E-5.5 Community and public notice requirements; posting on the authority's website; required.
(a) The authority shall adopt community and public notice procedures pursuant to chapter 91 that shall include at a minimum:
(1) A means to effectively engage the community in which the authority is planning a development project to ensure that community concerns are received and considered by the authority;
(2) The posting of the authority's proposed plans for development of community development districts, public hearing notices, and minutes of its proceedings on the authority's website;
(3) The posting of every application for a development permit for any project within a community development district on the authority's website when the application is deemed complete;
(4) Notification by the applicant of any application for a development permit for a project valued at $250,000 or more by first class United States mail, postage prepaid to owners and lessees of record of real property located within a three hundred foot radius of the perimeter of the proposed project identified from the most current list available from the real property assessment division of the department of budget and fiscal services of the county in which the proposed project is located when the application is deemed complete; provided that notice mailed pursuant to this paragraph shall include but not be limited to notice of:
(A) Project specifications;
(B) Requests for variance, exemption, or modification of a community development plan or the authority's community development rules; and
(C) Procedures for intervention and a contested case hearing; and
(5) Any other information that the public may find useful so that it may meaningfully participate in the authority's decision-making processes.
(b) The authority shall notify the president of the senate and speaker of the house:
(1) Of any public hearing upon posting of the hearing notice; and
(2) With a report detailing the public's reaction at the public hearing, within one week after the hearing. [L 2006, c 251, pt of §1; am L 2014, c 61, §5]
2023 Hawaii Revised Statutes › Title 13. Planning and Economic Development › 206E. Hawaii Community Development Authority › 206E-7 Community development rules.

§206E-7 Community development rules.
(a) The authority shall establish community development rules under chapter 91 on health, safety, building, planning, zoning, and land use which, upon final adoption of a community development plan, shall supersede all other inconsistent ordinances and rules relating to the use, zoning, planning, and development of land and construction thereon. 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 authority may, in the community development plan or by a community development rule, provide that lands within a community development district shall not be developed beyond existing uses or that improvements thereon shall not be demolished or substantially reconstructed, or provide other restrictions on the use of the lands.
(b) Development rights under a master plan permit and master plan development agreement issued and approved by the authority are vested under the community development district rules in effect at the time of initial approval by the authority and shall govern development on lands subject to such permit and agreement. [L 1976, c 153, pt of §1; am L 2014, c 61, §7]
2023 Hawaii Revised Statutes › Title 13. Planning and Economic Development › 206E. Hawaii Community Development Authority › 206E-8 Use of public lands; acquisition of state lands.

§206E-8 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 its purposes, the agency having the control and management of those required lands may, upon request by the authority and with the approval of the governor, convey or lease such lands to the authority upon such 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 as above provided if such 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 such county, department, or board. [L 1976, c 153, pt of §1; am L 2014, c 61, §8]
2023 Hawaii Revised Statutes › Title 13. Planning and Economic Development › 206E. Hawaii Community Development Authority › 206E-8.5 Developments within special management areas and shoreline setback. (a) Notwithstanding chapter 205A, all requests for developments within a special management area and shoreline setback variances for developments on any lands within a community development district, for which a community development plan has been developed and approved in accordance with section 206E-5, shall be submitted to and reviewed by the lead agency as defined in chapter 205A. In community development districts for which a community development plan has not been developed and approved in accordance with section 206E-5, parts II and III of chapter 205A shall continue to be administered by the applicable county authority until a community development plan for the district takes effect. (b) In the review of such requests, the lead agency shall conform to the following, as deemed appropriate: (1) Applicable county rules adopted in accordance with section 205A-26 for the review of developments within a special management area, except that paragraph (2)(C) of section 205A-26 shall not apply; and (2) Part III of chapter 205A and applicable county rules for the review of developments within the shoreline setback. (c) With the approval of the lead agency, the developments may be allowed without a special management area permit or shoreline setback variance as required by chapter 205A. [L 1990, c 86, § §5, 18; am L 1999, c 35, §1; am L 2002, c 208, §2]

§206E-8.5
Developments within special management areas and shoreline setback.
(a) Notwithstanding chapter 205A, all requests for developments within a special management area and shoreline setback variances for developments on any lands within a community development district, for which a community development plan has been developed and approved in accordance with section 206E-5, shall be submitted to and reviewed by the lead agency as defined in chapter 205A. In community development districts for which a community development plan has not been developed and approved in accordance with section 206E-5, parts II and III of chapter 205A shall continue to be administered by the applicable county authority until a community development plan for the district takes effect.
(b) In the review of such requests, the lead agency shall conform to the following, as deemed appropriate:
(1) Applicable county rules adopted in accordance with section 205A-26 for the review of developments within a special management area, except that paragraph (2)(C) of section 205A-26 shall not apply; and
(2) Part III of chapter 205A and applicable county rules for the review of developments within the shoreline setback.
(c) With the approval of the lead agency, the developments may be allowed without a special management area permit or shoreline setback variance as required by chapter 205A. [L 1990, c 86, § §5, 18; am L 1999, c 35, §1; am L 2002, c 208, §2]
2023 Hawaii Revised Statutes › Title 13. Planning and Economic Development › 206E. Hawaii Community Development Authority › 206E-9 Acquisition of real property from a county.

§206E-9 Acquisition of real property from a county.
Notwithstanding the provision of any law or charter, any county, by resolution of its local governing body, may, without public auction, sealed bids, or public notice, sell, lease for a term not exceeding sixty-five years, grant or convey to the authority any real property owned by it which the authority certifies to be necessary for its purposes. The sale, lease, grant, or conveyance shall be made with or without consideration and upon such 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 local governing body to consider the same. Notice of the hearing shall be published at least ten days before the date set for the hearing in such publication and in such manner as may be designated by such local governing body. [L 1976, c 153, pt of §1]
2023 Hawaii Revised Statutes › Title 13. Planning and Economic Development › 206E. Hawaii Community Development Authority › 206E-10 Condemnation of real property.

§206E-10 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 chapter, may acquire the property by condemnation pursuant to chapter 101, including property already devoted to a public use. Such 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 a community development district 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 1976, c 153, pt of §1]
2023 Hawaii Revised Statutes › Title 13. Planning and Economic Development › 206E. Hawaii Community Development Authority › 206E-10.5 Relocation.

§206E-10.5 Relocation.
(a) Any provision of law to the contrary notwithstanding, the authority shall adopt rules pursuant to chapter 91 to insure the appropriate relocation within or outside the district of persons, families, and businesses displaced by governmental action within the district. The rules may include, but are not limited to, the establishment and operation of a central relocation office; relocation payments for actual moving costs; fixed payments for losses suffered; payments for replacement housing or business locations; relocation payments and loans to displaced businesses for certain costs related to the reestablishment of their business operations; and other similar relocation matters.
(b) The authority shall provide relocation assistance to persons, families, and businesses within the district that are displaced by private action; provided that such assistance shall not include any form of direct monetary payments except that the authority may make relocation loans to displaced businesses in accordance with rules adopted by the authority for the purposes of this section. Temporary relocation facilities within or outside the district may be made available to displacees; provided that those displaced by government action shall be afforded priority to the facilities. [L 1982, c 228, §3; am L 1984, c 21, §2; am L 1990, c 86, §10]
2023 Hawaii Revised Statutes › Title 13. Planning and Economic Development › 206E. Hawaii Community Development Authority › 206E-12 Dedication for public facilities as condition to development.

§206E-12 Dedication for public facilities as condition to development.
The authority shall establish rules requiring dedication for public facilities of land or facilities, or cash payments in lieu thereof, by developers as a condition of developing real property pursuant to the community development plan. Where state and county public facilities dedication laws, ordinances, or rules differ, the provision for greater dedication shall prevail. [L 1976, c 153, pt of §1; am L 1984, c 15, §1]
2023 Hawaii Revised Statutes › Title 13. Planning and Economic Development › 206E. Hawaii Community Development Authority › 206E-14 Sale or lease of redevelopment projects.

§206E-14 Sale or lease of redevelopment projects.
(a) The authority may, without recourse to public auction, sell, or lease for a term not exceeding sixty-five years, all or any portion of the real or personal property constituting a redevelopment project to any person, upon such terms and conditions as may be approved by the authority, if the authority finds that the sale or lease is in conformity with the community development plan.
For the stadium development district, leases shall not exceed a term of ninety-nine years.
(b) In the case of residential projects or redevelopment projects, the terms of the sale shall provide for the repurchase of the property by the authority at its option, in the event that the purchaser, if other than a state agency, desires to sell the property within ten years, provided that this requirement may be waived by the authority if the authority determines that a waiver will not be contrary to the community development plan. The authority shall establish at the time of original sale a formula setting forth a basis for a repurchase price based on market considerations including but not being limited to interest rates, land values, construction costs, and federal tax laws.
If the purchaser in a residential project is a state agency, the authority may include as a term of the sale a provision for the repurchase of the property in conformance with this section. [L 1976, c 153, pt of §1; am L 1985, c 49, §1; am L 2019, c 268, §2]
2023 Hawaii Revised Statutes › Title 13. Planning and Economic Development › 206E. Hawaii Community Development Authority › 206E-15 Residential projects; cooperative agreements.

§206E-15 Residential projects; cooperative agreements.
(a) If the authority deems it desirable to develop a residential project, it may enter into an agreement with qualified persons to construct, maintain, operate, or otherwise dispose of the residential project. Sale, lease, or rental of dwelling units in the project shall be as provided by the rules established by the authority. The authority may enter into cooperative agreements with the Hawaii housing finance and development corporation for the financing, development, construction, sale, lease, or rental of dwelling units and projects.
(b) The authority may transfer the housing fees collected from private residential developments for the provision of housing for residents of low- or moderate-income to the Hawaii housing finance and development corporation for the financing, development, construction, sale, lease, or rental of such housing within or without the community development districts. The fees shall be used only for projects owned by the State or owned or developed by a qualified nonprofit organization. For the purposes of this section, "nonprofit organization" means a corporation, association, or other duly chartered organization registered with the State, which organization has received charitable status under the Internal Revenue Code of 1986, as amended. [L 1976, c 153, pt of §1; am L 1979, c 126, §2; am L 1987, c 337, §8; am L 1990, c 86, §7; am L 1997, c 350, §14; am L 2005, c 196, §26(b); am L 2006, c 180, §16]
2023 Hawaii Revised Statutes › Title 13. Planning and Economic Development › 206E. Hawaii Community Development Authority › 206E-16 Hawaii community development special fund.

§206E-16 Hawaii community development special fund.
There is created the Hawaii community development special fund into which all receipts and revenues of the authority shall be deposited. Proceeds from the fund shall be used for the purposes of this chapter. [L 1976, c 153, pt of §1; am L Sp 2021, c 9, §23]
2023 Hawaii Revised Statutes › Title 13. Planning and Economic Development › 206E. Hawaii Community Development Authority › 206E-16.5 Expenditures of special funds under the authority exempt from appropriation and allotment.

§206E-16.5 Expenditures of special funds under the authority exempt from appropriation and allotment.
Except as to administrative expenditures, and except as otherwise provided by law, expenditures from any special fund administered by the authority may be made by the authority without appropriation or allotment of the legislature; provided that no expenditure shall be made from and no obligation shall be incurred against any special fund in excess of the amount standing to the credit of the fund or for any purpose for which the fund may not lawfully be expended. Nothing in sections 37-31 to 37-41 shall require the proceeds of any special fund administered by the authority to be reappropriated annually. [L Sp 1995, c 11, §4; am L Sp 2021, c 9, §24]
2023 Hawaii Revised Statutes › Title 13. Planning and Economic Development › 206E. Hawaii Community Development Authority › 206E-20 Court proceedings; preferences; venue.

§206E-20 Court proceedings; preferences; venue.
(a) Any action or proceeding to which the authority, the State, or the county may be a party, in which any question arises as to the validity of this chapter, shall be brought in the circuit court of the circuit where the case or controversy arises, and shall be heard and determined in preference to all other civil cases pending therein except election cases, irrespective of position on the calendar.
(b) Upon application of counsel to the authority, the same preference shall be granted in any action or proceeding questioning the validity of this chapter in which the authority may be allowed to intervene.
(c) Any action or proceeding to which the authority, the State, or the county may be a party, in which any question arises as to the validity of this chapter or any portion of this chapter, may be filed in the circuit court of the circuit where the case or controversy arises, which court is hereby vested with original jurisdiction over the action.
(d) Notwithstanding any provision of law to the contrary, declaratory relief may be obtained for the action.
(e) Any party aggrieved by the decision of the circuit court may appeal in accordance with part I of chapter 641 and the appeal shall be given priority. [L 1976, c 153, pt of §1; am L 1985, c 37, §1; am L 2001, c 251, §6]
2023 Hawaii Revised Statutes › Title 13. Planning and Economic Development › 206E. Hawaii Community Development Authority › 206E-21 Issuance of bonds.

§206E-21 Issuance of bonds.
The director of finance may, from time to time, issue general obligation bonds pursuant to chapter 39 in such amounts as may be authorized by the legislature, for the purposes of this chapter. [L 1976, c 153, pt of §1]
2023 Hawaii Revised Statutes › Title 13. Planning and Economic Development › 206E. Hawaii Community Development Authority › 206E-22 Violations and penalty.

§206E-22 Violations and penalty.
(a) The authority may set, charge, and collect reasonable fines for violation of this chapter or any rule adopted pursuant to chapter 91. Any person violating any of the provisions of this chapter or any rule adopted pursuant to chapter 91, for which violation a penalty is not otherwise provided, shall be fined not more than $500 a day and shall be liable for administrative costs incurred by the authority.
(b) The authority may maintain an action for an injunction to restrain any violation of the provisions of this chapter and may take any other lawful action to prevent or remedy any violation.
(c) Any person violating any provision of this chapter shall, upon conviction, be punished by a fine not exceeding $1,000 or by imprisonment not exceeding thirty days, or both. The continuance of a violation after conviction shall be deemed a new offense for each day of such continuance. [L 1982, c 228, §2; am L 1993, c 136, §1]
2023 Hawaii Revised Statutes › Title 13. Planning and Economic Development › 206E. Hawaii Community Development Authority › 206E-31 Kakaako community development district; purposes.

§206E-31 Kakaako community development district; purposes.
The legislature finds that:
(1) The Kakaako district is centrally located in Honolulu proper, in close proximity to the central business district, the government center, commercial, industrial and market facilities, major existing and contemplated transportation routes and recreational and service areas;
(2) Due to its present function as a service and light industrial area, the district is relatively underdeveloped and has especially in view of its proximity to the urban core where the pressure for all land uses is strong the potential for increased growth and development that can alleviate community needs such as low-income housing, parks and open space, and commercial and industrial facilities;
(3) The district, if not redeveloped or renewed, has the potential to become a blighted and deteriorated area. Due to its present economic importance to the State in terms of industry and subsequent employment, there is a need to preserve and enhance its value and potential;
(4) Kakaako has a potential, if properly developed and improved, to become a planned new community in consonance with surrounding urban areas.
In coordinating community development in the Kakaako district, the authority shall plan a mixed-use district whereby industrial, commercial, residential, and public uses may coexist compatibly within the same area.
The authority shall plan for the above uses, but shall also respect and support the present function of Kakaako as a major economic center, providing significant employment in such areas as light industrial, wholesaling, service, and commercial activity. [L 1976, c 153, pt of §1]
2023 Hawaii Revised Statutes › Title 13. Planning and Economic Development › 206E. Hawaii Community Development Authority › 206E-31.5 Prohibitions.

§206E-31.5 Prohibitions.
Anything contained in this chapter to the contrary notwithstanding, the authority is prohibited from:
(1) Selling or otherwise assigning the fee simple interest in any lands in the Kakaako community development district to which the authority in its corporate capacity holds title, except with respect to:
(A) Utility easements;
(B) Remnants as defined in section 171-52;
(C) Grants to any state or county department or agency;
(D) Private entities for purposes of any easement, roadway, or infrastructure improvements; or
(E) Reserved housing as defined in section 206E-101; or
(2) Approving any plan or proposal for any residential development in that portion of the Kakaako community development district makai of Ala Moana boulevard and between Kewalo Basin and the foreign trade zone. [L 2006, c 317, §1; am L 2014, c 61, §9]
Revision Note
In paragraph (1)(C), "or" deleted pursuant to §23G-15.
2023 Hawaii Revised Statutes › Title 13. Planning and Economic Development › 206E. Hawaii Community Development Authority › 206E-31.6 Lease of projects.

§206E-31.6 Lease of projects.
(a) Notwithstanding any law to the contrary, including [section] 206E-14, except as prohibited by section 206E-31.5, the authority may, without recourse to public auction or public notice for sealed bids, lease for a term not exceeding sixty-five years all or any portion of the real or personal property constituting a project to any person, upon such terms and conditions as may be approved by the authority, if the authority finds that the lease is in conformity with the community development plan.
(b) In the case of any sale of the leasehold interest in the project, the terms of the sale shall provide for the repurchase of the leasehold property by the authority at its option, in the event that the purchaser, if other than a state agency, desires to sell the property within ten years; provided that this requirement may be waived by the authority if the authority determines that a waiver will not be contrary to the community development plan. The authority shall establish at the time of original sale a formula setting forth a basis for a repurchase price based on market considerations including but not limited to interest rates, land values, construction costs, and federal tax laws.
If the purchaser in a residential project is a state agency, the authority may include as a term of the sale a provision for the repurchase of the property in conformance with this section. [L 2012, c 323, §7]
2023 Hawaii Revised Statutes › Title 13. Planning and Economic Development › 206E. Hawaii Community Development Authority › 206E-32 District; established, boundaries.

§206E-32 District; established, boundaries.
The Kakaako community development district is established. The district shall include that area bounded by King Street; Piikoi Street from its intersection with King Street to Ala Moana Boulevard; Ala Moana Boulevard, inclusive, from Piikoi Street to its intersection with the Ewa boundary of Ala Moana Park also identified as the Ewa boundary of tax map key 2-3-37:01; the Ewa boundary of tax map key 2-3-37:01 from its intersection with Ala Moana Boulevard to the shoreline; the shoreline from its intersection with the property line representing the Ewa boundary of property identified by tax map key 2-3-37:01 to the property line between Pier 2 and Pier 4; the property line between Pier 2 and Pier 4 from its intersection with the shoreline to Ala Moana Boulevard; Ala Moana Boulevard from its intersection with the property line between lands identified by Pier 2 and Pier 4 to Punchbowl Street; and Punchbowl Street to its intersection with King Street; provided that the following parcels at Pier 1 and Pier 2 shall be deleted from the Kakaako community development district boundaries and conveyed to the department of land and natural resources to be set aside for the department of transportation and the foreign-trade zone division of the department of business, economic development, and tourism, to ensure continued maritime and foreign commerce use: all of lot 3 and parcels 2, 3-A, A, and B of the Forrest Avenue subdivision, as shown on the map filed with the bureau of conveyances of the State of Hawaii as file plan 2335; and lots A-1 and A-2, as shown on map 2, filed in the office of the assistant registrar of the land court of the State of Hawaii with land court application 1328; and provided further that all existing easements affecting and appurtenant to the parcels to be deleted from the Kakaako community development district boundaries shall not be affected by this change.
The district shall also include that parcel of land identified by tax map key 2-1-14:16, situated mauka of Pier 6 and Pier 7 and makai of Nimitz Highway, being the site for the existing Hawaiian Electric power plant and related facilities. [L 1976, c 153, pt of §1; am L 1982, c 228, §6; am L 1987, c 355, §2; am L 1990, c 86, §4; am L 2006, c 165, §4]
Cross References
Honolulu Harbor, Piers 1 and 2; jurisdiction, see § §212-5.5 and 266-1.5.
2023 Hawaii Revised Statutes › Title 13. Planning and Economic Development › 206E. Hawaii Community Development Authority › 206E-34 Cultural public market.

§206E-34 Cultural public market.
(a) There shall be established within the Hawaii community development authority a state cultural public market.
(b) The cultural public market shall be located on state land within the Kakaako Makai area and developed pursuant to sections 206E-31, 206E-32, and 206E-33. A public parking lot shall be included.
(c) The Hawaii community development authority shall:
(1) Designate and develop the state-owned land for the cultural public market;
(2) Accept, for consideration, input regarding the establishment of the cultural public market from the following departments and agencies:
(A) The department of agriculture;
(B) The department of business, economic development, and tourism;
(C) The department of land and natural resources;
(D) The department of labor and industrial relations; and
(E) The Hawaii tourism authority;
(3) Consider and determine the propriety of using public-private partnerships in the development and operation of the cultural public market;
(4) Develop, distribute, and accept requests for proposals from private entities for plans to develop and operate the cultural public market; and
(5) Ensure that the Hawaiian culture is the featured culture in the cultural public market.
(d) Requests for proposals for the cultural public market shall contemplate but not be limited to the inclusion of the following types of facilities and services:
(1) Retail outlets for ethnically diverse products;
(2) Venues for businesses with ethnic themes, including restaurants and other service-related businesses;
(3) Theaters, stages, and arenas designed to showcase cultural performing artists as well as community performing arts;
(4) Exhibition space or museums that showcase artwork created by international and local artists; and
(5) Museums or other educational facilities focusing on the history and cultures of the various ethnic groups within Hawaii, including Hawaiian history. [L 2005, c 231, §2]
2023 Hawaii Revised Statutes › Title 13. Planning and Economic Development › 206E. Hawaii Community Development Authority › 206E-101 Definitions.

§206E-101 Definitions.
The following words or terms as used in this part shall have the following meanings, unless a different meaning clearly appears from the context:
"Authority" means the Hawaii community development authority.
"Eligible borrower" means any person or family, irrespective of race, creed, national origin, or sex, who:
(1) Has never before obtained a loan under this part; and
(2) Meets other qualifications as established by rules adopted by the authority.
"Eligible loan" means a loan to an eligible borrower for the purchase of a reserved housing unit; provided that the property financed is located in the community development district, is and will be occupied as the principal place of residence by the eligible borrower, and meets other requirements as established by rules adopted by the authority.
"Mortgage lender" means any bank, trust company, savings bank, national banking association, savings and loan association, building and loan association, mortgage banker, credit union, insurance company, or any other financial institution, or a holding company for any of the foregoing, which:
(1) Is authorized to do business in the State;
(2) Customarily provides service or otherwise aids in the financing of mortgages on single family or multi-family residential property; and
(3) Is a financial institution whose accounts are federally insured, or is an institution which is an approved mortgagee for the Federal Housing Administration, or is an approved lender for the Department of Veterans Affairs or the United States Department of Agriculture, or is an approved mortgage loan servicer for the Federal National Mortgage Association or the Federal Home Mortgage Corporation.
"Reserved housing" means housing designated for residents in the low- or moderate-income ranges who meet such eligibility requirements as the authority may adopt by rule.
"Reserved housing loan programs" includes all or any part of the loan to lenders program, the purchase of existing loans program, the advance commitments program, and the eligible loan and eligible project loan funding program authorized under this part.
"Revenue bonds" means bonds, notes, or other evidence of indebtedness of the authority issued to finance any of the reserved housing loan programs under this part.
"Trustee" means a national or state bank or trust company within or without the State which enters into a trust indenture.
"Trust indenture" means an agreement by and between the authority and the trustee, which sets forth the duties of the trustee with respect to the revenue bonds, the security therefor, and other provisions as deemed necessary or convenient by the authority to secure the revenue bonds. [L 1982, c 228, pt of §8; am L 1997, c 258, §12; am L 2017, c 12, §1]
2023 Hawaii Revised Statutes › Title 13. Planning and Economic Development › 206E. Hawaii Community Development Authority › 206E-102 Rules; eligible loans.

§206E-102 Rules; eligible loans.
(a) The authority shall establish requirements for reserved housing units financed by an eligible loan, and may consider, but not be limited to the location, age, condition, and other characteristics of the reserved housing units.
(b) The authority shall establish restrictions on the terms, maturities, interest rates, collateral, and other requirements for eligible loans.
(c) All eligible loans made shall comply with applicable state and federal laws. [L 1982, c 228, pt of §8]
2023 Hawaii Revised Statutes › Title 13. Planning and Economic Development › 206E. Hawaii Community Development Authority › 206E-103 Revenue bonds; authorization.

§206E-103 Revenue bonds; authorization.
(a) The authority, with the approval of the governor, may issue from time to time revenue bonds in amounts not exceeding the total amount of bonds authorized by the legislature for the purpose of undertaking and maintaining any of the reserved housing loan programs.
(b) All revenue bonds shall be issued pursuant to part III of chapter 39, except as provided in this part.
(c) The revenue bonds shall be issued in the name of the authority, and not in the name of the State. The final maturity date of the revenue bonds may be any date not exceeding forty years from the date of issuance. [L 1982, c 228, pt of §8]
2023 Hawaii Revised Statutes › Title 13. Planning and Economic Development › 206E. Hawaii Community Development Authority › 206E-104 Revenue bonds; payment and security.

§206E-104 Revenue bonds; payment and security.
(a) The revenue bonds shall be payable from and secured by the revenues derived from the benefits of the reserved housing loan programs for which the revenue bonds are issued, including:
(1) Any payment made for eligible loans or eligible project loans or other agreements entered into for the reserved housing loan programs;
(2) Revenues derived from insurance proceeds;
(3) Reserve accounts and earnings thereon; and
(4) Revenues resulting from loans to mortgage lenders or from the payment on account of principal of and interest on loans purchased from mortgage lenders.
(b) The authority may pledge any revenue derived from the reserved housing loan programs financed from the proceeds of the revenue bonds to the punctual payment of the principal, interest, and redemption premiums, if any, on the revenue bonds.
(c) The revenue bonds may be additionally secured by the pledge or assignment of the loans and other agreements or any note or other undertaking, obligation, or property held by the authority to secure the loans.
(d) Any pledge made by the authority shall create a perfected security interest in the revenues, moneys, or property so pledged and thereafter received by the authority from and after the time that a financing statement with respect to the revenues, moneys, or property so pledged and thereafter received shall be filed with the bureau of conveyances. Upon such filing, the revenues, moneys, or property so pledged and thereafter received by the authority shall immediately be subject to the lien of such pledge without any physical delivery thereof or further act, and the lien of any such pledge shall be prior to the lien of all parties having claims of any kind in tort, contract, or otherwise against the authority, irrespective of whether such parties have notice thereof. [L 1982, c 228, pt of §8]
2023 Hawaii Revised Statutes › Title 13. Planning and Economic Development › 206E. Hawaii Community Development Authority › 206E-105 Revenue bonds; interest rate, price, and sale.

§206E-105 Revenue bonds; interest rate, price, and sale.
(a) The revenue bonds shall bear interest at a rate or rates payable monthly, quarterly, or semi-annually.
(b) The authority shall include the costs of undertaking and maintaining the reserved housing loan programs for which the revenue bonds are issued in determining the cost of undertaking and maintaining the reserved housing loan programs, the authority may include the cost of purchasing or funding loans or other agreements entered into for the reserved housing loan programs; the costs of studies and surveys; insurance premiums; underwriting fees; financial consultant, legal, accounting, and marketing services incurred; reserve account, trustee, custodian, and rating agency fees; and interest on the bonds for a period not to exceed one year from the date of issuance.
(c) The revenue bonds may be sold at public or private sale, and for a price as may be determined by the authority to be in the best interest of the State.
(d) Section 39-65 shall not apply to revenue bonds issued for the purpose of undertaking and maintaining any of the reserved housing loan programs as permitted by this part. The legislature consents to the taxation by the United States of interest on revenue bonds issued for the purpose of undertaking and maintaining any of the reserved housing loan programs as permitted by this part. [L 1982, c 228, pt of §8]
Revision Note
Section "39-65" substituted for "39-61" pursuant to §23G-15.
2023 Hawaii Revised Statutes › Title 13. Planning and Economic Development › 206E. Hawaii Community Development Authority › 206E-106 Revenue bonds; investment of proceeds, and redemption.

§206E-106 Revenue bonds; investment of proceeds, and redemption.
Subject to any agreement with the holders of its revenue bonds, the authority may:
(1) Notwithstanding any other law to the contrary, invest its moneys not required for immediate use, including proceeds from the sale of any revenue bonds, in any investment in accordance with procedures prescribed in a trust indenture;
(2) Purchase its revenue bonds out of any fund or money of the authority available therefor, and hold, cancel, or resell the revenue bonds. [L 1982, c 228, pt of §8]
2023 Hawaii Revised Statutes › Title 13. Planning and Economic Development › 206E. Hawaii Community Development Authority › 206E-107 Trustee; designation, duties.

§206E-107 Trustee; designation, duties.
(a) The authority shall designate a trustee for each issue of revenue bonds secured under the same trust indenture; provided that the trustee shall be approved by the director of finance.
(b) The trustee shall be authorized by the authority to receive and receipt for, hold, and administer the proceeds of the revenue bonds, and to apply the proceeds to the purposes for which the bonds are issued.
(c) The trustee shall also be authorized by the authority to hold and administer the reserved housing loan program revenue bond special fund established pursuant to section 206E-109, and to receive and receipt for, hold, and administer the revenues derived by the authority from the benefits of the reserved housing loan program for which the revenue bonds are issued and to apply these revenues to the payment of the cost of administering, operating, and maintaining the reserved housing loan programs, to pay the principal of and interest on these bonds, to the establishment of reserves, and to other purposes as may be authorized in the proceedings providing for the issuance of the revenue bonds.
(d) Notwithstanding section 39-68, the director of finance may appoint the trustee to serve as fiscal agent for:
(1) The payment of the principal of and interest on the revenue bonds; and
(2) The purchase, registration, transfer, exchange, and redemption of the bonds.
(e) The trustee shall perform additional functions with respect to the payment, purchase, registration, transfer, exchange, and redemption, as the director of finance may deem necessary, advisable, or expeditious, including the holding of the revenue bonds and coupons which have been paid and the supervision of the destruction thereof in accordance with law.
(f) Nothing in this part shall limit or be construed to limit the powers granted to the director of finance in sections 36-3 and 39-13, and the third sentence of section 39-68, to appoint the trustee or others as fiscal agents, paying agents and registrars for the revenue bonds or to authorize and empower those fiscal agents and registrars to perform the functions referred to in those sections. [L 1982, c 228, pt of §8]
Note
Section 206E-109 referred to in subsection (c) is repealed.
Revision Note
Section "39-68" substituted for "39-65" and "39-13" substituted for "39-12" pursuant to §23G-15.
2023 Hawaii Revised Statutes › Title 13. Planning and Economic Development › 206E. Hawaii Community Development Authority › 206E-108 Trust indenture.

§206E-108 Trust indenture.
(a) A trust indenture may contain covenants and provisions authorized by part III of chapter 39, and as deemed necessary or convenient by the authority for the purposes of this part.
(b) A trust indenture may allow the authority to pledge and assign to the trustee loans and other agreements related to the reserved housing loan programs, and the rights of the authority thereunder, including the right to receive revenues thereunder and to enforce the provision thereof.
(c) Where a trust indenture provides that any revenue bond issued under that trust indenture is not valid or obligatory for any purpose unless certified or authenticated by the trustee, all signatures of the officers of the State upon the revenue bonds required by section 39-56 may be facsimiles of their signatures.
(d) A trust indenture shall also contain provisions as to:
(1) The investment of the proceeds of the revenue bonds, the investment of any reserve for the bonds, the investment of the revenues of the reserved housing loan programs, and the use and application of the earnings from investments; and
(2) The terms and conditions upon which the holders of the revenue bonds or any portion of them or any trustee thereof may institute proceedings for the foreclosure of any loan or other agreement or any note or other undertaking, obligation or property securing the payment of the bonds and the use and application of the moneys derived from the foreclosure.
(e) A trust indenture may also contain provisions deemed necessary or desirable by the authority to obtain or permit, by grant, interest subsidy, or otherwise, the participation of the federal government in the reserved housing loan programs or in the financing of the costs of administering, operating, or maintaining such reserved housing loan programs. [L 1982, c 228, pt of §8]
Revision Note
Section "39-56" substituted for "39-64" pursuant to §23G-15.
2023 Hawaii Revised Statutes › Title 13. Planning and Economic Development › 206E. Hawaii Community Development Authority › 206E-110 Reserved housing loan programs; procedures and requirements.

§206E-110 Reserved housing loan programs; procedures and requirements.
(a) The authority shall establish procedures for:
(1) The submission of requests or the invitation of proposals for loans to mortgage lenders;
(2) The purchase of existing loans by auction, invitation of tenders, or negotiation;
(3) The making of advance commitments to purchase and the purchasing of eligible loans or eligible project loans to be made by mortgage lenders by auction, invitation of tenders, or negotiation; and
(4) Loan applications made through mortgage lenders to eligible borrowers or qualified sponsors.
(b) The authority shall establish standards and requirements for:
(1) The allocation of loans to mortgage lenders;
(2) The allocation of funds to purchase existing loans from mortgage lenders;
(3) The making of advance commitments and allocation of funds to purchase eligible loans or eligible project loans from mortgage lenders; and
(4) The participation by mortgage lenders as originators and processors of eligible loans or eligible project loans on behalf of the authority.
(c) The standards and requirements for the allocation of funds to mortgage lenders adopted by the authority shall be designed to include the maximum number of qualified mortgage lenders as participants in the reserved housing loan programs.
(d) The authority may adopt rules necessary or convenient for the operation of the reserved housing loan programs under this part. [L 1982, c 228, pt of §8]
2023 Hawaii Revised Statutes › Title 13. Planning and Economic Development › 206E. Hawaii Community Development Authority › 206E-111 Reserved housing loan programs; general powers.

§206E-111 Reserved housing loan programs; general powers.
(a) The authority may make, enter into, and enforce all contracts or agreements which are necessary, convenient, or desirable for the purpose of the performance of its duties in executing the reserved housing loan programs.
(b) The authority may require representations and warranties as it determines necessary to secure its loans. [L 1982, c 228, pt of §8]
2023 Hawaii Revised Statutes › Title 13. Planning and Economic Development › 206E. Hawaii Community Development Authority › 206E-112 Reserved housing loan programs; self supporting.

§206E-112 Reserved housing loan programs; self supporting.
The interest rate, fees, charges, premiums, and other terms of the loans made under the reserved housing loan programs shall be at least sufficient to pay the cost of administering and maintaining the portion of the specific reserved housing loan programs for which the revenue bonds have been issued, and to assure payment of the principal of and interest on the revenue bonds as they become due. [L 1982, c 228, pt of §8]