§227D-3  Powers of the authority.  Theauthority may:

(1)  Sue and be sued;

(2)  Have a seal and alter the same at its pleasure;

(3)  Promote the use of the geothermal energy andnatural resources sites for the purposes provided by law;

(4)  Through its executive director appoint officers,agents and employees without regard to chapter 76 and to establish the salariestherefor;

(5)  Adopt rules under chapter 91 necessary toeffectuate this chapter in connection with its operation, facilities, parks,properties, and projects;

(6)  Make, execute, enter into, amend, supplement, andcarry out contracts and all other instruments necessary or convenient for theexercise of its powers and functions under this chapter with any privateperson, firm, partnership, association, company, or corporation only as it maybe necessary in the conduct of its business and on such terms as it may deemappropriate; provided that the authority shall not obligate any funds of theState except as have been appropriated to it.  Notwithstanding the foregoing,the authority may enter into and perform such contracts, leases, cooperativeagreements, or other transactions with any agency or instrumentality of theUnited States, a foreign nation, a state, a territory, or a possession, or withany political subdivision thereof;

(7)  Accept, hold, or expend gifts or grants in anyform from any public agency or private source, or from any other source;

(8)  Impose and collect fees pertaining to the use ofproperties and facilities of the authority;

(9)  Formulate budgets to provide for the operation ofthe facilities of the authority;

(10)  Submit an annual report to the governor and thelegislature at least twenty days prior to the convening of each regularsession;

(11)  Acquire, own, lease, hold, clear, improve, andrehabilitate real, personal, or mixed property and assign, exchange, transfer,convey, lease, sublease, or encumber any project including by way of easements;

(12)  Construct, reconstruct, rehabilitate, improve,alter, or repair, or provide for the construction, reconstruction,rehabilitation, improvement, alteration, or repair of any project and designatea qualified person as its agent for this purpose, and own, hold, assign,transfer, convey, exchange, lease, sublease, or encumber any project;

(13)  Arrange or initiate appropriate action for theplanning, replanning, opening, grading, or closing of streets, roads, roadways,alleys, easements, or other places, the furnishings or improvements, theacquisition of property or property rights, or the furnishing of property orservices in connection with a research and technology park;

(14)  Prepare or cause to be prepared plans,specifications, designs, and estimates of cost for the construction,reconstruction, rehabilitation, improvement, alteration, or repair of anyproject or research and technology park, and from time to time, modify theseplans, specifications, designs, or estimates;

(15)  Engage the services of consultants on acontractual basis for rendering professional and technical assistance andadvice;

(16)  Procure insurance against any loss in connectionwith its properties and other assets and operations in amounts and frominsurers as it deems desirable;

(17)  Issue bonds pursuant to this chapter in principalamounts as may be authorized from time to time by law to finance the cost of aproject, including the repair or addition to its parks and facilities asauthorized by law and to provide for the security thereof as permitted by thischapter;

(18)  Lend or otherwise apply the proceeds of the bondsissued for a project or a research and technology park either directly orthrough a trustee or a qualified person for use and application in theacquisition, construction, installation, or modification of a project orresearch and technology park, or agree with the qualified person whereby any ofthese activities shall be undertaken or supervised by that qualified person orby a person designated by the qualified person;

(19)  With or without terminating a project agreement,exercise any and all rights provided by law for entry and re-entry upon or totake possession of a project at any time or from time to time upon breach ordefault by a qualified person under a project agreement;

(20)  Create an environment that supports appropriatenatural resource utilization and results in economic development, including: supporting research projects and facilitating the transition from research anddevelopment to pilot scale and then to full commercial operation of companiesutilizing the natural resources available at the research and technology parks;developing educational and conservation programs; supporting commercializationof the natural resources available at the research and technology parks, if thecommercialization is compatible with the research, development, and otherretail, commercial, and tourism activities of the research and technologyparks; identifying issues and impediments to the development of naturalresource utilization; and providing policy analysis and information importantto the development of natural resource utilization in Hawaii;

(21)  Develop programs that support projects andcompanies which locate at the research and technology parks;

(22)  Attract appropriate new uses of the naturalresources in Hawaii, including retail, commercial, and tourism activities; and

(23)  Do any or all other acts reasonably necessary tocarry out the purposes of the authority. [L 1990, c 224, pt of §3; am L 1993, c252, §3; am L 1999, c 38, §3; am L 2000, c 253, §150]