§206E-4  Powers; generally.  Except as
otherwise 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 other
instruments necessary or convenient for the exercise of its powers and
functions under this chapter;



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



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



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



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



(8)  Acquire, reacquire, or contract to acquire or
reacquire by grant or purchase real, personal, or mixed property or any
interest therein; to own, hold, clear, improve, and rehabilitate, and to sell,
assign, exchange, transfer, convey, lease, or otherwise dispose of or encumber
the 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 other
public improvements;



(10)  By itself, or in partnership with qualified
persons, 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, and
in the case of the sale of any project, accept a purchase money mortgage in
connection therewith; and repurchase or otherwise acquire any project which the
authority has theretofore sold or otherwise conveyed, transferred, or disposed
of;



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



(12)  Grant options to purchase any project or to renew
any lease entered into by it in connection with any of its projects, on such
terms 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 any
project, and from time to time to modify such plans, specifications, designs,
or estimates;



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



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



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



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



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



(A)  Within the community development district;



(B)  Within areas immediately surrounding the
community development district;



(C)  Areas within the central urban core;



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



The Hawaii community development authority shall
adopt rules relating to the approval of reserved housing that are developed
outside of a community development district.  The rules shall include, but are
not limited to, the establishment of guidelines to ensure compliance with the
above priorities. [L 1976, c 153, pt of §1; am L 1990, c 86, §6; am L 1997, c
359, §3; am L 2000, c 253, §150; am L 2002, c 184, §4; am L 2009, c 18, §1]