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



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



(A)  Research and development;



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



(C)  Compatible businesses engaged in
scientific and technological investigations, or retail, commercial, and tourism
activities; and



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



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



(3)  Maintaining the physical structure of the
facilities;



(4)  Promoting and marketing these facilities;



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



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



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



(b)  The governing body of the authority shall
consist of a board of directors having thirteen voting members.  Three members
from the general public shall be appointed by the governor for staggered terms
pursuant to section 26-34, except that one of these members shall be a resident
of the county of Hawaii.  The members shall be selected on the basis of their
knowledge, interest, and proven expertise in, but not limited to, one or more of
the following fields:  finance, commerce and trade, corporate management,
marketing, economics, engineering, energy management, real estate development,
property management, aquaculture, and ocean science.  The chairperson and
secretary of the research advisory committee shall serve on the board.  The
director of business, economic development, and tourism, the chairperson of the
board 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 the
high technology development corporation, and an appointed member from the board
of the Hawaii strategic development corporation, or their designated
representatives, shall serve as ex officio, voting members of the board.  The
tenants of the authority shall elect two members to the board from among the
tenants of the authority, of which one member shall serve a two-year term, and
one member shall serve a four-year term.  In electing the tenant members, each
tenant shall be entitled to cast one vote for each member position.  The tenant
members shall be recused from voting on setting lease rents, water rates, or
utility rates, but may participate in discussions.  The director of business,
economic development, and tourism shall serve as the chairperson until such
time as a chairperson is elected by the board from the membership.  The board
shall elect other officers as it deems necessary.



(c)  The members of the board appointed under
subsection (b) shall serve without compensation, but may be reimbursed for
expenses, including travel expenses, incurred in the performance of their
duties.



(d)  The board shall appoint an executive
director, who shall serve at the pleasure of the board and shall be exempt from
chapter 76.  The board shall set the salary and duties of the executive
director. [L 1990, c 224, pt of §3; am L 1993, c 252, §2; am L 1997, c 151, §2
and c 193, §2; am L 1999, c 38, §2; am L 2000, c 253, §150 and c 297, §31; am L
2009, c 104, §1]