Chapter 206E — Chapter 206E

PART I. GENERAL PROVISIONS §206E-1 Findings and purpose. The legislature finds that many areas of the State are substantially undeveloped, blighted, or economically depressed, and are or are potentially in need of renewal, renovation, or improvement to alleviate such conditions a…

§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…

PART III. RESERVED HOUSING LOAN PROGRAMS §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. "Eligibl…

§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 authorit…

§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 reser…

§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: (b) The authority may pledge any revenue deriv…

§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 whic…

§206E-106 Revenue bonds; investment of proceeds, and redemption. Subject to any agreement with the holders of its revenue bonds, the authority may:

§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…

§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 …

§206E-109 REPEALED. L 2002, c 178, §11.

§206E-11 Construction contracts. The authority shall award construction contracts in conformity with the applicable provisions of chapter 103D. [L 1976, c 153, pt of §1; am L Sp 1993, c 8, §54]

§206E-110 Reserved housing loan programs; procedures and requirements. (a) The authority shall establish procedures for: (b) The authority shall establish standards and requirements for: (c) The standards and requirements for the allocation of funds to mortgage lenders adopted by…

§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…

§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 speci…

§206E-113 Reserved housing loan programs; fees. The authority may establish, revise, charge, and collect fees, premiums, and charges as necessary, reasonable, or convenient, for its reserved housing loan programs. The fees, premiums, and charges shall be deposited into the reserv…

§206E-114 Reserved housing loan programs; evidence of eligible loan or eligible project loan. (a) Each mortgage lender who participates in any reserved housing loan program shall submit evidence, as deemed satisfactory by the authority, that eligible loans or eligible project loa…

§206E-115 Loans to lenders program. (a) The authority may make loans to mortgage lenders under terms and conditions requiring that the loan proceeds be used within a time period prescribed by the authority to make eligible loans in an aggregate principal amount substantially equa…

§206E-116 Loan to lenders program; collateral security. (a) Loans made to mortgage lenders shall be additionally secured by a pledge of a lien upon collateral security in an amount as the authority deems necessary to assure the payment of principal of and interest on the loans as…

§206E-117 Purchase of existing loans program. (a) The authority may contract with a mortgage lender to purchase, in whole or in part, existing loans, whether or not eligible loans. The contract may contain provisions as determined by the authority to be necessary or appropriate t…

§206E-118 Advance commitments program. (a) The authority may contract with a mortgage lender for the advance commitment to purchase eligible loans or eligible project loans. (b) The contract may contain provisions as determined by the authority to be necessary or appropriate to p…

§206E-119 Eligible loan and eligible project loan funding program. (a) The authority may contract with mortgage lenders to fund eligible loans or eligible project loans. (b) The contract may contain provisions as determined by the authority to be necessary or appropriate to provi…

§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 …

§206E-120 Loans; service and custody. The authority may contract for the service and custody of its loans. The contract may provide for the payment of fees or charges for the services rendered; provided that the fees or charges shall not exceed the usual, customary, and reasonabl…

§206E-121 Loans; sale, pledge, or assignment. (a) Subject to any agreement with the holders of its revenue bonds, the authority may sell its loans at public or private sale at a price and upon terms and conditions as it determines. (b) Subject to any agreement with the holders of…

§206E-122 Loans; insurance and guarantees. The authority may procure insurance or guarantees against any default of its loans, in amounts and from insurers or guarantors, as it deems necessary or desirable. [L 1982, c 228, pt of §8]

§206E-123 Loans; default. The authority may:

§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…

§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…

PART IV. REVENUE BONDS FOR PUBLIC FACILITY PROJECTS--REPEALED §§206E-151 to 206E-159 REPEALED. L 2015, c 237, §28.

§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 o…

§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 w…

PART V. HAMAKUA COMMUNITY DEVELOPMENT DISTRICT--REPEALED §§206E-171 to 206E-173 REPEALED. L 2002, c 208, §3.

§206E-182 Powers. In addition and supplemental to the powers granted to the authority by law, the authority may:

§206E-184 Special facility lease. (a) In addition to the conditions and terms set forth in this part, any special facility lease entered into by the authority shall at least contain provisions obligating the other person to the special facility lease: Any moneys received by the a…

§206E-185 Special facility revenue bonds. All special facility revenue bonds authorized to be issued in principal amounts not to exceed the total amount of bonds authorized by the legislature shall be issued pursuant to part III of chapter 39, except as follows:

[PART VII.] KALAELOA COMMUNITY DEVELOPMENT DISTRICT §206E-191 Barbers Point Naval Air Station redevelopment; power to redevelop established. (a) The Hawaii community development authority shall be the designated agency of the State to implement this part. (b) The authority shall …

§206E-194 Kalaeloa community development district; development guidance policies. The following development guidance policies shall generally govern the authority's actions in the Kalaeloa community development district:

§206E-195 Kalaeloa community development special fund. (a) There is established in the state treasury the Kalaeloa community development special fund, into which shall be deposited: (b) Moneys in the Kalaeloa community development special fund shall be used for the purposes of th…

[§206E-198 Remedies.] (a) The authority may research any complaint relating to the district that it determines to be an appropriate subject for investigation, including: (b) The authority may investigate, conduct research, or monitor any matter that arises within the district, in…

[§206E-199 Reports. (a)] After a reasonable time has elapsed, the authority may present its opinion and recommendations to the governor, the legislature, the public, or any of these. The authority shall include with this opinion any reply made by the landowner. [(b)] The authorit…

§206E-2 Definitions. As used in this chapter, the following terms have the following meanings, unless the context indicates a different meaning or intent: "Authority" means the Hawaii community development authority established by section 206E-3. "County" means any county of the …

§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 co…

[PART VIII.] HEEIA COMMUNITY DEVELOPMENT DISTRICT §206E-201 Definitions. As used in this part: "District" means the Heeia community development district. "Fund" means the Heeia community development special fund. [L 2011, c 210, pt of §2; am L Sp 2021, c 9, §28]

§206E-202 District established; boundaries. (a) The Heeia community development district is hereby established. The district shall include that area within the boundaries described as follows: the southern boundary begins at the southern property line of tax map key number (1) 4-…

§206E-204 Heeia community development special fund. (a) There is established in the state treasury the Heeia community development special fund, into which shall be deposited: (b) Moneys in the fund shall be used only for the purposes of this part. (c) Investment earnings credite…

§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 wh…

[Part IX.] STADIUM DEVELOPMENT DISTRICT §206E-221 Stadium development district; purpose; findings. The legislature finds that the aloha stadium and lands under the jurisdiction of the stadium authority and department of business, economic development, and tourism are underutilize…

§206E-222 Definitions. As used in this part, unless the context otherwise requires: "Authority" or "stadium authority" means the stadium authority established pursuant to section 109-1. "District" means the stadium development district established by this part. [L 2019, c 268, pt…

§206E-223 District; established; boundaries. (a) The stadium development district is established and shall be composed of all real property under the jurisdiction of the stadium authority established pursuant to section 109-1. The stadium authority shall have sole jurisdiction ov…