§227D-3 - Powers of the authority.
§227D-3 Powers of the authority. The
authority 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 and
natural 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 salaries
therefor;
(5) Adopt rules under chapter 91 necessary to
effectuate this chapter in connection with its operation, facilities, parks,
properties, and projects;
(6) Make, execute, enter into, amend, supplement, and
carry out contracts and all other instruments necessary or convenient for the
exercise of its powers and functions under this chapter with any private
person, firm, partnership, association, company, or corporation only as it may
be necessary in the conduct of its business and on such terms as it may deem
appropriate; provided that the authority shall not obligate any funds of the
State except as have been appropriated to it. Notwithstanding the foregoing,
the authority may enter into and perform such contracts, leases, cooperative
agreements, or other transactions with any agency or instrumentality of the
United States, a foreign nation, a state, a territory, or a possession, or with
any political subdivision thereof;
(7) Accept, hold, or expend gifts or grants in any
form from any public agency or private source, or from any other source;
(8) Impose and collect fees pertaining to the use of
properties and facilities of the authority;
(9) Formulate budgets to provide for the operation of
the facilities of the authority;
(10) Submit an annual report to the governor and the
legislature at least twenty days prior to the convening of each regular
session;
(11) Acquire, own, lease, hold, clear, improve, and
rehabilitate 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 designate
a 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 the
planning, replanning, opening, grading, or closing of streets, roads, roadways,
alleys, easements, or other places, the furnishings or improvements, the
acquisition of property or property rights, or the furnishing of property or
services 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 any
project or research and technology park, and from time to time, modify these
plans, specifications, designs, or estimates;
(15) Engage the services of consultants on a
contractual basis for rendering professional and technical assistance and
advice;
(16) Procure insurance against any loss in connection
with its properties and other assets and operations in amounts and from
insurers as it deems desirable;
(17) Issue bonds pursuant to this chapter in principal
amounts as may be authorized from time to time by law to finance the cost of a
project, including the repair or addition to its parks and facilities as
authorized by law and to provide for the security thereof as permitted by this
chapter;
(18) Lend or otherwise apply the proceeds of the bonds
issued for a project or a research and technology park either directly or
through a trustee or a qualified person for use and application in the
acquisition, construction, installation, or modification of a project or
research and technology park, or agree with the qualified person whereby any of
these activities shall be undertaken or supervised by that qualified person or
by 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 to
take possession of a project at any time or from time to time upon breach or
default by a qualified person under a project agreement;
(20) Create an environment that supports appropriate
natural resource utilization and results in economic development, including:
supporting research projects and facilitating the transition from research and
development to pilot scale and then to full commercial operation of companies
utilizing the natural resources available at the research and technology parks;
developing educational and conservation programs; supporting commercialization
of the natural resources available at the research and technology parks, if the
commercialization is compatible with the research, development, and other
retail, commercial, and tourism activities of the research and technology
parks; identifying issues and impediments to the development of natural
resource utilization; and providing policy analysis and information important
to the development of natural resource utilization in Hawaii;
(21) Develop programs that support projects and
companies which locate at the research and technology parks;
(22) Attract appropriate new uses of the natural
resources in Hawaii, including retail, commercial, and tourism activities; and
(23) Do any or all other acts reasonably necessary to
carry out the purposes of the authority. [L 1990, c 224, pt of §3; am L 1993, c
252, §3; am L 1999, c 38, §3; am L 2000, c 253, §150]