§206E-4  Powers; generally.  Except asotherwise limited by this chapter, the authority may:

(1)  Sue and be sued;

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

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

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

(5)  Make rules with respect to its projects,operations, properties, and facilities, which rules shall be in conformancewith chapter 91;

(6)  Through its executive director appoint officers,agents, and employees, prescribe their duties and qualifications, and fix theirsalaries, without regard to chapter 76;

(7)  Prepare or cause to be prepared a communitydevelopment plan for all designated community development districts;

(8)  Acquire, reacquire, or contract to acquire orreacquire by grant or purchase real, personal, or mixed property or anyinterest therein; to own, hold, clear, improve, and rehabilitate, and to sell,assign, exchange, transfer, convey, lease, or otherwise dispose of or encumberthe same;

(9)  Acquire or reacquire by condemnation real,personal, or mixed property or any interest therein for public facilities,including but not limited to streets, sidewalks, parks, schools, and otherpublic improvements;

(10)  By itself, or in partnership with qualifiedpersons, acquire, reacquire, construct, reconstruct, rehabilitate, improve,alter, or repair or provide for the construction, reconstruction, improvement,alteration, or repair of any project; own, hold, sell, assign, transfer,convey, exchange, lease, or otherwise dispose of or encumber any project, andin the case of the sale of any project, accept a purchase money mortgage inconnection therewith; and repurchase or otherwise acquire any project which theauthority has theretofore sold or otherwise conveyed, transferred, or disposedof;

(11)  Arrange or contract for the planning, replanning,opening, grading, or closing of streets, roads, roadways, alleys, or otherplaces, or for the furnishing of facilities or for the acquisition of propertyor property rights or for the furnishing of property or services in connectionwith a project;

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

(13)  Prepare or cause to be prepared plans,specifications, designs, and estimates of costs for the construction,reconstruction, rehabilitation, improvement, alteration, or repair of anyproject, and from time to time to modify such plans, specifications, designs,or estimates;

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

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

(16)  Contract for and accept gifts or grants in anyform from any public agency or from any other source;

(17)  Do any and all things necessary to carry out itspurposes and exercise the powers given and granted in this chapter; and

(18)  Allow satisfaction of any affordable housingrequirements imposed by the authority upon any proposed development projectthrough the construction of reserved housing, as defined in section 206E-101,by a person on land located outside the geographic boundaries of theauthority's jurisdiction; provided that the authority shall not permit anyperson to make cash payments in lieu of providing reserved housing, except toaccount for any fractional unit that results after calculating the percentagerequirement against residential floor space or total number of unitsdeveloped.  The substituted housing shall be located on the same island as thedevelopment project and shall be substantially equal in value to the requiredreserved housing units that were to be developed on site.  The authority shallestablish the following priority in the development of reserved housing:

(A)  Within the community development district;

(B)  Within areas immediately surrounding thecommunity development district;

(C)  Areas within the central urban core;

(D)  In outlying areas within the same islandas the development project.

The Hawaii community development authority shalladopt rules relating to the approval of reserved housing that are developedoutside of a community development district.  The rules shall include, but arenot limited to, the establishment of guidelines to ensure compliance with theabove priorities. [L 1976, c 153, pt of §1; am L 1990, c 86, §6; am L 1997, c359, §3; am L 2000, c 253, §150; am L 2002, c 184, §4; am L 2009, c 18, §1]