§48E-1  Definitions.  As used in thischapter, unless the context otherwise requires:

"Cost" or "costs" asapplied to a pollution control project or portion thereof financed under thischapter includes all or part of:

(1)  The cost of construction and acquisition of alllands, structures, real or personal property, rights, rights-of-way,franchises, easements, and interests acquired or used for a pollution controlproject;

(2)  The cost of demolishing or removing any buildingsor structures on land thus acquired, including the cost of acquiring any landsto which such buildings or structures may be moved;

(3)  The cost of all machinery and equipment;

(4)  Financing charges, interest accruing prior to,during, and for a period after completion of construction as determined by thecounty, provisions for reserves for principal and interest, and for extensions,enlargements, additions, replacements, renovations, and improvements;

(5)  The cost of architectural, engineering,financial, and legal services, plans, specifications, estimates, administrativeexpenses, and other expenses necessary or incident to determining thefeasibility of constructing any pollution control project or incident to theconstruction, acquisition, or financing of any pollution control project,including, without limitation, premiums to insure payments of the principal ofand interest on special purpose revenue bonds issued under this chapter or thepayment of the obligations of a project party under a project agreement, andfees for issuance of letters of credit or other banking arrangements whetherfor the county or a project party.

"County" means the city and county ofHonolulu, the county of Hawaii, the county of Kauai, and the county of Maui.

"Director of finance" means thedirector of finance of a county.

"Governing body" means the body,council, or board charged with exercising the legislative authority of acounty.

"Person" means an individual, firm,partnership, corporation, association, cooperative, or other legal entity, governmentalbody, or agency, board, bureau, or other instrumentality thereof, or anycombination of two or more of the foregoing.

"Pollution control project" means anyprocessing enterprise consisting of property, or improvements or alterations toproperty, designed, acquired, constructed, installed, or modified, andcertified as necessary or desirable by the state department of health, toabate, control, reduce, treat, eliminate, or dispose of solid waste, andspecifically includes facilities which incidentally provide for the recovery ofenergy or material resources, or both.

"Project agreement" means any lease,sublease, loan agreement, conditional sale agreement, or other similarfinancing contract or agreement, or combination thereof entered into under thischapter by the county, including the financing of a pollution control projectfrom the proceeds of the special purpose revenue bonds.

"Project party" means the person withwhom the county enters into a project agreement.

"Special purpose revenue bonds" meansbonds, notes, or other evidences of indebtedness of a county issued pursuant tothis chapter. [L 1983, c 237, pt of §2]

 

Revision Note

 

  Definitions restyled.