§227D-1 - Definitions.
§227D-1 Definitions. As used in this
chapter, unless the context clearly requires otherwise:
"Authority" means the natural energy
laboratory of Hawaii authority established by section 227D-2.
"Board" means the board of directors
of the authority established by section 227D-2 and any successor thereto.
"Bonds" means special purpose bonds
issued under this chapter and shall include notes, other instruments of
indebtedness, and refunding bonds.
"Cost" means the total cost in
carrying out all undertakings that the authority deems reasonable and necessary
for the development of a project or research and technology park, including but
not limited to the cost of studies, surveys, plans, and specifications,
architectural, design, engineering, or any other special related services; the
cost of site preparation and development, demolition, construction,
reconstruction, rehabilitation, and improvement; the cost of financing the
project or research and technology park from the date thereof to the estimated
date of completion of the project or research and technology park as determined
by the board; the cost of an allocable portion of the administrative and
operating expenses of the authority related to the development of the project
or research and technology park; and the cost of indemnity and surety bonds,
premiums on policies of insurance, legal fees, and fees and expenses of
trustees, depositories, and paying agents for the bonds, and for the issuance
of letters of credit or other banking arrangements whether for the authority
credit or a qualified person; all as the authority shall deem necessary.
"Project" means any combination of
land and buildings and other improvements thereon for use in, but not limited
to research, development, demonstration, processing, or manufacturing
activities or enterprises utilizing or in support of the utilization of natural
resources and geothermal energy which are located in a research and technology
park and acquired, constructed, reconstructed, rehabilitated, improved, altered,
or repaired by or on behalf of the authority.
"Project agreement" means any lease,
sublease, loan agreement, conditional sale agreement, or other similar
financing contract or agreement, or any combination thereof entered into under
this chapter by the authority, including the financing from the proceeds of
bonds of a project or a research and technology park.
"Public agency" means any office,
department, board, commission, bureau, division, public corporation, agency, or
instrumentality of the federal, state, or county government.
"Qualified person" means any
individual, partnership, corporation, public agency, or any combination or
association of the foregoing, possessing the competence, expertise, experience,
and resources, including financial, personnel, and tangible resources, required
for the purposes of a project and other qualifications as may be deemed
desirable by the authority in administering this chapter and that enters into a
project agreement with the authority.
"Real property" means lands,
structures, and interests therein, and natural resources including water,
minerals, and all things connected with land, including lands under water and
riparian rights, space rights, air rights, and any and all other things and
rights usually included within the term. Real property also means any and all
interests in property less than fee title, such as leasehold interests,
easements, incorporeal hereditaments, and every estate, interest, or right,
legal or equitable, including terms for years and liens thereon by way of
judgments, mortgages, or otherwise.
"Research advisory committee" means
the research committee that is advisory to the board and is established by
section 227D-4 and any successor thereto.
"Research and technology park" means
a tract of real property determined by the board as being suitable for use as
building sites for projects engaged in research, development, demonstration,
processing, or manufacturing activities or retail or commercial enterprises
utilizing or in support of the utilization of natural resources or geothermal
energy. This includes, but is not limited to, research, commercialization,
training, education, technical analyses, pilot plant, or prototype product
development, and may include the installation of improvements to tracts
incidental to the use of real property as a research and technology park, such
as water, sewer, sewage and waste disposal, and drainage facilities, sufficient
to adequately service projects in the research and technology park, and
provision of incidental transportation facilities, power distribution
facilities, and communication facilities. [L 1990, c 224, pt of §3; am L 1993,
c 252, §1; am L 1999, c 38, §1]