§227D-2  Establishment of the natural energylaboratory of Hawaii authority; purpose.  (a)  There is established thenatural energy laboratory of Hawaii authority, which shall be a body corporateand politic and an instrumentality and agency of the State.  The authorityshall be placed within the department of business, economic development, andtourism for administrative purposes, pursuant to section 26-35.  The purpose ofthe natural energy laboratory of Hawaii authority shall be to facilitateresearch, development, and commercialization of natural energy resources andocean-related research, technology, and industry in Hawaii and to engage inretail, commercial, or tourism activities that will financially support thatresearch, development, and commercialization at a research and technology parkin Hawaii.  Its duties shall include:

(1)  Establishing, managing, and operating facilitiesthat provide sites for:

(A)  Research and development;

(B)  Commercial projects and businessesutilizing natural resources, such as ocean water or geothermal energy;

(C)  Compatible businesses engaged inscientific and technological investigations, or retail, commercial, and tourismactivities; and

(D)  Businesses or educational facilities thatsupport the primary projects and activities;

(2)  Providing support, utilities, and other servicesto facility tenants and government agencies;

(3)  Maintaining the physical structure of thefacilities;

(4)  Promoting and marketing these facilities;

(5)  Promoting and marketing the reasonableutilization of available natural resources;

(6)  Supporting ocean research and technologydevelopment projects that support national and state interests, use facilitiesand infrastructure in Hawaii, and foster potential commercial development; and

(7)  Engaging in retail, commercial, and tourismactivities that are not related to facilitating research, development, andcommercialization of natural energy resources in Hawaii; provided that allincome derived from these activities shall be deposited in the natural energylaboratory of Hawaii authority special fund.

(b)  The governing body of the authority shallconsist of a board of directors having thirteen voting members.  Three membersfrom the general public shall be appointed by the governor for staggered termspursuant to section 26-34, except that one of these members shall be a residentof the county of Hawaii.  The members shall be selected on the basis of theirknowledge, interest, and proven expertise in, but not limited to, one or more ofthe following fields:  finance, commerce and trade, corporate management,marketing, economics, engineering, energy management, real estate development,property management, aquaculture, and ocean science.  The chairperson andsecretary of the research advisory committee shall serve on the board.  Thedirector of business, economic development, and tourism, the chairperson of theboard of land and natural resources, the president of the University of Hawaii,the mayor of the county of Hawaii, an appointed member from the board of thehigh technology development corporation, and an appointed member from the boardof the Hawaii strategic development corporation, or their designatedrepresentatives, shall serve as ex officio, voting members of the board.  Thetenants of the authority shall elect two members to the board from among thetenants of the authority, of which one member shall serve a two-year term, andone member shall serve a four-year term.  In electing the tenant members, eachtenant shall be entitled to cast one vote for each member position.  The tenantmembers shall be recused from voting on setting lease rents, water rates, orutility rates, but may participate in discussions.  The director of business,economic development, and tourism shall serve as the chairperson until suchtime as a chairperson is elected by the board from the membership.  The boardshall elect other officers as it deems necessary.

(c)  The members of the board appointed undersubsection (b) shall serve without compensation, but may be reimbursed forexpenses, including travel expenses, incurred in the performance of theirduties.

(d)  The board shall appoint an executivedirector, who shall serve at the pleasure of the board and shall be exempt fromchapter 76.  The board shall set the salary and duties of the executivedirector. [L 1990, c 224, pt of §3; am L 1993, c 252, §2; am L 1997, c 151, §2and c 193, §2; am L 1999, c 38, §2; am L 2000, c 253, §150 and c 297, §31; am L2009, c 104, §1]