Act 38 1999 SB 716 Authorizes the natural energy laboratory to include
retail and commercial activities within a research and technology park.
THE
SENATE
S.B. NO. 716
TWENTIETH LEGISLATURE,
1999
STATE OF
HAWAII
________________________________________________________________
________________________________________________________________
A BILL FOR AN ACT
RELATING TO THE NATURAL ENERGY LABORATORY.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
1 SECTION 1. Section 227D-1,
Hawaii Revised Statutes, is
2 amended by amending the definition of "research and technology
3 park" to read as follows:
4 ""Research and technology park"
means a tract of real
5 property determined by the board as being suitable for use as
6 building sites for projects engaged in research, development,
7 demonstration, processing, or manufacturing activities or retail
8 or commercial enterprises utilizing or in support of the
9 utilization of natural resources or geothermal energy.
This
10 includes, but is not limited to, research, commercialization,
11 training, education, technical analyses, pilot plant, or
12 prototype product development, and may include the installation
13 of improvements to tracts incidental to the use of real property
14 as a research and technology park, such as water, sewer, sewage
15 and waste disposal, and drainage facilities, sufficient to
16 adequately service projects in the research and technology park,
17 and provision of incidental transportation facilities, power
18 distribution facilities, and communication facilities.
[Research
19 and technology parks shall not include any buildings or
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2
S.B. NO. 716
1 structures of any kind except for buildings or structures
2 incidental to improvements of the research and technology
park.]
3 SECTION 2. Section 227D-2,
Hawaii Revised Statutes, is
4 amended by amending subsection (a) to read as follows:
5 "(a) There is established
the natural energy laboratory of
6 Hawaii authority, which shall be a body corporate and politic
and
7 an instrumentality and agency of the State. The authority
shall
8 be placed within the department of business, economic
9 development, and tourism for administrative purposes, pursuant
to
10 section 26-35. The purpose of the natural energy laboratory of
11 Hawaii authority shall be to facilitate research, development,
12 and commercialization of natural energy resources and ocean-
13 related research, technology, and industry in Hawaii and to
14 engage in [one] retail [concession activity and one tour-related
15 activity], commercial, or tourism activities that will
16 financially support that research, development, and
17 commercialization at a research and technology park in Hawaii.
18 Its duties shall include:
19 (1) Establishing, managing, and
operating facilities that
20 provide
sites for:
21
(A) Research and development;
22
(B) Commercial projects and businesses utilizing
23
natural resources, such as ocean water or
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1
geothermal energy;
2
(C) [Those] Compatible businesses engaged in [other
3
compatible] scientific and technological
4
investigations[;], or retail, commercial, and
5
tourism activities; and
6
(D) Businesses or educational facilities that support
7
the primary projects and activities;
8 (2) Providing support,
utilities, and other services to
9
facility tenants and government agencies;
10 (3) Maintaining the physical
structure of the facilities;
11 (4) Promoting and marketing
these facilities;
12 (5) Promoting and marketing the
reasonable utilization of
13
available natural resources;
14 (6) Supporting ocean research
and technology development
15 projects
that support national and state interests, use
16
facilities and infrastructure in Hawaii, and foster
17
potential commercial development; and
18 (7) Engaging in [one] retail
[concession activity and one
19
tour-related activity], commercial, and tourism
20
activities that are not related to facilitating
21
research, development, and commercialization of natural
22 energy
resources in Hawaii; provided that all income
23 derived
from these activities shall be deposited in the
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1
natural energy laboratory of Hawaii authority special
2
fund."
3 SECTION 3. Section 227D-3,
Hawaii Revised Statutes, is
4 amended to read as follows:
5 "§227D-3 Powers of the
authority. The authority may:
6 (1) Sue and be sued;
7 (2) Have a seal and alter
the same at its pleasure;
8 (3) Promote the use of the
geothermal energy and natural
9
resources sites for the purposes provided by law;
10 (4) Through its executive
director appoint officers, agents
11 and
employees without regard to chapters 76 and 77 and
12 to
establish the salaries therefor;
13 (5) Adopt rules under chapter 91
necessary to effectuate
14 this
chapter in connection with its operation,
15
facilities, parks, properties, and projects;
16 (6) Make, execute, enter into,
amend, supplement, and carry
17 out
contracts and all other instruments necessary or
18
convenient for the exercise of its powers and functions
19 under
this chapter with any private person, firm,
20
partnership, association, company, or corporation only
21 as it
may be necessary in the conduct of its business
22 and on
such terms as it may deem appropriate; provided
23 that the
authority shall not obligate any funds of the
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1
State except as have been appropriated to it.
2
Notwithstanding the foregoing, the authority may enter
3
into and perform such contracts, leases, cooperative
4
agreements, or other transactions with any agency or
5
instrumentality of the United States, a foreign nation,
6 a
state, a territory, or a possession, or with any
7
political subdivision thereof;
8 (7) Accept, hold, or expend
gifts or grants in any form
9
from any public agency or private source, or from any
10 other
source;
11 (8) Impose and collect fees
pertaining to the use of
12
properties and facilities of the authority;
13 (9) Formulate budgets to provide
for the operation of the
14
facilities of the authority;
15 (10) Submit an annual report to the
governor and the
16
legislature at least twenty days prior to the convening
17 of each
regular session;
18 (11) Acquire, own, lease, hold, clear,
improve, and
19
rehabilitate real, personal, or mixed property and
20 assign,
exchange, transfer, convey, lease, sublease, or
21 encumber
any project including by way of easements;
22 (12) Construct, reconstruct,
rehabilitate, improve, alter,
23 or
repair, or provide for the construction,
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1
reconstruction, rehabilitation, improvement,
2
alteration, or repair of any project and designate a
3
qualified person as its agent for this purpose, and
4
own, hold, assign, transfer, convey, exchange, lease,
5
sublease, or encumber any project;
6 (13) Arrange or initiate
appropriate action for the
7
planning, replanning, opening, grading, or closing of
8
streets, roads, roadways, alleys, easements, or other
9
places, the furnishings or improvements, the
10
acquisition of property or property rights, or the
11
furnishing of property or services in connection with a
12 research
and technology park;
13 (14) Prepare or cause to be prepared
plans, specifications,
14 designs,
and estimates of cost for the construction,
15
reconstruction, rehabilitation, improvement,
16
alteration, or repair of any project or research and
17
technology park, and from time to time, modify these
18 plans,
specifications, designs, or estimates;
19 (15) Engage the services of
consultants on a contractual
20 basis
for rendering professional and technical
21
assistance and advice;
22 (16) Procure insurance against any
loss in connection with
23 its
properties and other assets and operations in
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1
amounts and from insurers as it deems desirable;
2 (17) Issue bonds pursuant to this
chapter in principal
3
amounts as may be authorized from time to time by law
4 to
finance the cost of a project, including the repair
5 or
addition to its parks and facilities as authorized
6 by
law and to provide for the security thereof as
7
permitted by this chapter;
8 (18) Lend or otherwise apply the
proceeds of the bonds
9
issued for a project or a research and technology park
10 either
directly or through a trustee or a qualified
11 person
for use and application in the acquisition,
12
construction, installation, or modification of a
13 project
or research and technology park, or agree with
14 the
qualified person whereby any of these activities
15 shall be
undertaken or supervised by that qualified
16 person
or by a person designated by the qualified
17 person;
18 (19) With or without terminating a
project agreement,
19 exercise
any and all rights provided by law for entry
20 and
re-entry upon or to take possession of a project at
21 any time
or from time to time upon breach or default by
22 a
qualified person under a project agreement;
23 (20) Create an environment that
supports appropriate natural
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1
resource utilization and results in economic
2
development, including: supporting research projects
3 and
facilitating the transition from research and
4
development to pilot scale and then to full commercial
5
operation of companies utilizing the natural resources
6
available at the research and technology parks;
7
developing educational and conservation programs;
8
supporting commercialization of the natural resources
9
available at the research and technology parks, if the
10
commercialization is compatible with the research,
11
development, and other retail, commercial, and tourism
12
activities of the research and technology parks;
13
identifying issues and impediments to the development
14 of
natural resource utilization; and providing policy
15 analysis
and information important to the development
16 of
natural resource utilization in Hawaii;
17 (21) Develop programs that support
projects and companies
18 which
locate at the research and technology parks;
19 (22) Attract appropriate new uses of
the natural resources
20 in
Hawaii[;], including retail, commercial, and tourism
21
activities; and
22 (23) Do any or all other acts
reasonably necessary to carry
23 out the
purposes of the authority."
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S.B. NO. 716
1 SECTION 4. Statutory
material to be repealed is bracketed.
2 New statutory material is underscored.
3 SECTION 5. This Act shall
take effect upon its approval.
4
5
INTRODUCED BY:______________________
6