§163D-4  Powers; generally.  (a)  Exceptas otherwise limited by this chapter, the corporation may:

(1)  Sue and be sued;

(2)  Have a seal and alter the same at its pleasure;

(3)  Make and alter bylaws for its organization andinternal management;

(4)  Adopt rules under chapter 91 necessary toeffectuate this chapter in connection with its projects, operations, andproperties;

(5)  Make and execute contracts and all otherinstruments necessary or convenient for the exercise of its powers andfunctions under this chapter;

(6)  Carry out surveys, research, and investigationsinto technological, business, financial, consumer trends, and other aspects ofagricultural production in the national and international community;

(7)  Acquire or contract to acquire by grant orpurchase any real, personal, or mixed property or any interest therein for itsimmediate or future use for the purposes of this chapter; own, hold, improve,and rehabilitate any real, personal, or mixed property acquired, and sell,assign, exchange, transfer, convey, lease, or otherwise dispose of, or encumberthe same;

(8)  By itself, or in partnership with qualifiedpersons, acquire, construct, reconstruct, rehabilitate, improve, alter, orrepair any infrastructure or accessory facilities in connection with anyproject; own, hold, sell, assign, transfer, convey, exchange, lease, orotherwise dispose of, or encumber any project;

(9)  In cooperation with the department ofagriculture, pursuant to chapter 167, or otherwise through direct investment orcoventure with a professional investor or enterprise or any other person, orotherwise, to acquire, construct, operate, and maintain water facilities forconveying, distributing, and transmitting water for irrigation and agriculturaluses at rates or charges determined by the corporation; provided that:

(A)  This chapter shall not be construed topermit or allow the department of agriculture or any agribusiness developmentcorporation to:

(i)  Amend or modify rights or entitlements towater as provided for by article XI, section 7, of the Constitution of theState of Hawaii, or the Hawaiian Homes Commission Act, 1920, as amended, andchapter 168;

(ii)  Diminish or abridge the traditional andcustomary rights of ahupua`a tenants who inhabited the Hawaiian Islands priorto 1778 under sections 1-1 and 7-1; and

   (iii)  Impair, abridge, orterminate the legal rights or interests to water and its uses, whether bylease, easement, or other means, which are possessed or held by organizationswhose primary purpose is to benefit people of Hawaiian ancestry; and

(B)  All usage of water shall be in accordancewith chapter [174C] and other applicable laws in the State;

(10)  Assist agricultural enterprises by conductingdetailed marketing analysis and developing marketing and promotional strategiesto strengthen the position of those enterprises and to better exploit local,national, and international markets;

(11)  Carry out specialized programs designed todevelop new markets for Hawaii agricultural products;

(12)  Receive, examine, and determine the acceptabilityof  applications of qualified persons for allowances or grants for thedevelopment of new crops and agricultural products, the expansion ofestablished agricultural enterprises, and the altering of existing agriculturalenterprises;

(13)  Coordinate its activities with any federal orstate farm credit programs;

(14)  Grant options to purchase any project or to renewany lease entered into by it in connection with any of its projects, on theterms and conditions it deems advisable;

(15)  Provide advisory, consultative, training, andeducational services, technical assistance, and advice to any person,partnership, or corporation, either public or private, in order to carry outthe purposes of this chapter, and engage the services of consultants on acontractual basis for rendering professional and technical assistance andadvice;

(16)  Procure insurance against any loss in connectionwith its property and other assets and operations in such amounts and from suchinsurers as it deems desirable;

(17)  Accept gifts or grants in any form from anypublic agency or any other source; and

(18)  Do all things necessary or proper to carry outthe purposes of this chapter.

(b)  The corporation shall develop, promote,assist, and market export crops and other crops for local markets. [L 1994, c264, pt of §1; am L 1999, c 117, §2]