§209E-4  Enterprise zone designation. (a)  The governing body of any county may apply in writing to the department tohave an area declared to be an enterprise zone.  The application shall includea description of the location of the area or areas in question, and a generalstatement identifying proposed local incentives to complement the state and anyfederal incentives.

(b)  The governor, upon the recommendation ofthe director, shall approve the designation of up to six areas in each countyas enterprise zones for a period of twenty years.  Any such area shall belocated in one United States census tract or two or more contiguous UnitedStates census tracts in accordance with the most recent decennial United StatesCensus.  The census tract or tracts within which each enterprise zone islocated also shall meet at least one of the following criteria:

(1)  Twenty-five per cent or more of the populationhave incomes below eighty per cent of the median family income of the county;or

(2)  The unemployment rate is 1.5 times the stateaverage. [L 1986, c 78, pt of §1; am L 1989, c 390, §2; am L 1993, c 341, §2;am L 1995, c 91, §3; am L 1997, c 262, §2; am L 2009, c 174, §3]

 

Attorney General Opinions

 

  Act 262, L 1997, didnot require city and county to offer county-level incentives to qualifiedbusinesses in new enterprise zone created legislatively by the Act.  Att. Gen.Op. 98-1.

  If extending surveyand reporting requirements to new enterprise zone (EZ) created by thelegislature would result in an increase in the level of service under city andcounty's existing program, then, unless department was willing to share in thecost, city and county was not required to submit initial survey or annualreport on new EZ.  Att. Gen. Op. 98-1.

  Qualified businesseslocated in new enterprise zone (EZ) would be eligible for state tax incentivesfor seven-year period set forth in §§209E-10(a) and 209E-11, although a portionof that seven-year period extended beyond new EZ's five-year sunset date.  Att.Gen. Op. 98-1.

  Where legislaturedesignated agricultural lands in Waialua district as an enterprise zone (EZ) inAct 262, L 1997, existing EZ at Waialua-Haleiwa was not affected because it wasestablished prior to December 31, 1996, the retroactive effective date of theAct.  Att. Gen. Op. 98-1.