[§211D-3]  Capital access program.  (a)  The department shall establish a capital access program to assist a participating financial institution in making loans to businesses and nonprofit organizations that face barriers in accessing capital.

     (b)  The department shall use money in the fund to make a deposit in a participating financial institution's reserve account in an amount specified by this chapter to be a source of money the institution may receive as reimbursement for losses attributable to loans in the program.

     (c)  The department shall determine the eligibility of a financial institution to participate in the program and may set a limit on the number of eligible financial institutions that may participate in the program.

     (d)  To participate in the program, an eligible financial institution shall enter into a participation agreement with the department that sets out the terms and conditions under which the department will make contributions to the institution's reserve account and specifies the criteria for a loan to qualify as a capital access loan.

     (e)  To qualify as a capital access loan, a loan shall:

     (1)  Be made to a small or medium-sized business or to a nonprofit organization;

     (2)  Be used by the business or nonprofit organization for any project, activity, or enterprise in Hawaii that fosters economic development; and

     (3)  Meet any other criteria provided by this chapter. [L 2000, c 290, pt of §2]