§48E-1  Definitions.  As used in this chapter, unless the context otherwise requires:

     "Cost" or "costs" as applied to a pollution control project or portion thereof financed under this chapter includes all or part of:

     (1)  The cost of construction and acquisition of all lands, structures, real or personal property, rights, rights-of-way, franchises, easements, and interests acquired or used for a pollution control project;

     (2)  The cost of demolishing or removing any buildings or structures on land thus acquired, including the cost of acquiring any lands to which such buildings or structures may be moved;

     (3)  The cost of all machinery and equipment;

     (4)  Financing charges, interest accruing prior to, during, and for a period after completion of construction as determined by the county, provisions for reserves for principal and interest, and for extensions, enlargements, additions, replacements, renovations, and improvements;

     (5)  The cost of architectural, engineering, financial, and legal services, plans, specifications, estimates, administrative expenses, and other expenses necessary or incident to determining the feasibility of constructing any pollution control project or incident to the construction, acquisition, or financing of any pollution control project, including, without limitation, premiums to insure payments of the principal of and interest on special purpose revenue bonds issued under this chapter or the payment of the obligations of a project party under a project agreement, and fees for issuance of letters of credit or other banking arrangements whether for the county or a project party.

     "County" means the city and county of Honolulu, the county of Hawaii, the county of Kauai, and the county of Maui.

     "Director of finance" means the director of finance of a county.

     "Governing body" means the body, council, or board charged with exercising the legislative authority of a county.

     "Person" means an individual, firm, partnership, corporation, association, cooperative, or other legal entity, governmental body, or agency, board, bureau, or other instrumentality thereof, or any combination of two or more of the foregoing.

     "Pollution control project" means any processing enterprise consisting of property, or improvements or alterations to property, designed, acquired, constructed, installed, or modified, and certified as necessary or desirable by the state department of health, to abate, control, reduce, treat, eliminate, or dispose of solid waste, and specifically includes facilities which incidentally provide for the recovery of energy or material resources, or both.

     "Project agreement" means any lease, sublease, loan agreement, conditional sale agreement, or other similar financing contract or agreement, or combination thereof entered into under this chapter by the county, including the financing of a pollution control project from the proceeds of the special purpose revenue bonds.

     "Project party" means the person with whom the county enters into a project agreement.

     "Special purpose revenue bonds" means bonds, notes, or other evidences of indebtedness of a county issued pursuant to this chapter. [L 1983, c 237, pt of §2]

Revision Note

  Definitions restyled.