REPORT TITLE:
Natural Energy Laboratory


DESCRIPTION:
Authorizes the natural energy laboratory to include retail and
commercial activities within a research and technology park.

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        
THE SENATE                              S.B. NO.           716
TWENTIETH LEGISLATURE, 1999                                
STATE OF HAWAII                                            
                                                             
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                   A  BILL  FOR  AN  ACT

RELATING TO THE NATURAL ENERGY LABORATORY.



BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 1      SECTION 1.  Section 227D-1, Hawaii Revised Statutes, is
 
 2 amended by amending the definition of "research and technology
 
 3 park" to read as follows:
 
 4      ""Research and technology park" means a tract of real
 
 5 property determined by the board as being suitable for use as
 
 6 building sites for projects engaged in research, development,
 
 7 demonstration, processing, or manufacturing activities or retail
 
 8 or commercial enterprises utilizing or in support of the
 
 9 utilization of natural resources or geothermal energy.  This
 
10 includes, but is not limited to, research, commercialization,
 
11 training, education, technical analyses, pilot plant, or
 
12 prototype product development, and may include the installation
 
13 of improvements to tracts incidental to the use of real property
 
14 as a research and technology park, such as water, sewer, sewage
 
15 and waste disposal, and drainage facilities, sufficient to
 
16 adequately service projects in the research and technology park,
 
17 and provision of incidental transportation facilities, power
 
18 distribution facilities, and communication facilities.  [Research
 
19 and technology parks shall not include any buildings or
 

 
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 1 structures of any kind except for buildings or structures
 
 2 incidental to improvements of the research and technology park.] 
 
 3      SECTION 2.  Section 227D-2, Hawaii Revised Statutes, is
 
 4 amended by amending subsection (a) to read as follows:
 
 5      "(a)  There is established the natural energy laboratory of
 
 6 Hawaii authority, which shall be a body corporate and politic and
 
 7 an instrumentality and agency of the State.  The authority shall
 
 8 be placed within the department of business, economic
 
 9 development, and tourism for administrative purposes, pursuant to
 
10 section 26-35.  The purpose of the natural energy laboratory of
 
11 Hawaii authority shall be to facilitate research, development,
 
12 and commercialization of natural energy resources and ocean-
 
13 related research, technology, and industry in Hawaii and to
 
14 engage in [one] retail [concession activity and one tour-related
 
15 activity], commercial, or tourism activities that will
 
16 financially support that research, development, and
 
17 commercialization at a research and technology park in Hawaii.
 
18 Its duties shall include:
 
19      (1)  Establishing, managing, and operating facilities that
 
20           provide sites for:
 
21           (A)  Research and development;
 
22           (B)  Commercial projects and businesses utilizing
 
23                natural resources, such as ocean water or
 

 
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 1                geothermal energy;
 
 2           (C)  [Those] Compatible businesses engaged in [other
 
 3                compatible] scientific and technological
 
 4                investigations[;], or retail, commercial, and
 
 5                tourism activities; and
 
 6           (D)  Businesses or educational facilities that support
 
 7                the primary projects and activities;
 
 8      (2)  Providing support, utilities, and other services to
 
 9           facility tenants and government agencies;
 
10      (3)  Maintaining the physical structure of the facilities;
 
11      (4)  Promoting and marketing these facilities;
 
12      (5)  Promoting and marketing the reasonable utilization of
 
13           available natural resources;
 
14      (6)  Supporting ocean research and technology development
 
15           projects that support national and state interests, use
 
16           facilities and infrastructure in Hawaii, and foster
 
17           potential commercial development; and
 
18      (7)  Engaging in [one] retail [concession activity and one
 
19           tour-related activity], commercial, and tourism
 
20           activities that are not related to facilitating
 
21           research, development, and commercialization of natural
 
22           energy resources in Hawaii; provided that all income
 
23           derived from these activities shall be deposited in the
 

 
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 1           natural energy laboratory of Hawaii authority special
 
 2           fund."
 
 3      SECTION 3.  Section 227D-3, Hawaii Revised Statutes, is
 
 4 amended to read as follows:
 
 5      "�227D-3 Powers of the authority.  The authority may:
 
 6      (1)  Sue and be sued;
 
 7      (2)  Have a seal and alter the same at its pleasure;
 
 8      (3)  Promote the use of the geothermal energy and natural
 
 9           resources sites for the purposes provided by law;
 
10      (4)  Through its executive director appoint officers, agents
 
11           and employees without regard to chapters 76 and 77 and
 
12           to establish the salaries therefor;
 
13      (5)  Adopt rules under chapter 91 necessary to effectuate
 
14           this chapter in connection with its operation,
 
15           facilities, parks, properties, and projects;
 
16      (6)  Make, execute, enter into, amend, supplement, and carry
 
17           out contracts and all other instruments necessary or
 
18           convenient for the exercise of its powers and functions
 
19           under this chapter with any private person, firm,
 
20           partnership, association, company, or corporation only
 
21           as it may be necessary in the conduct of its business
 
22           and on such terms as it may deem appropriate; provided
 
23           that the authority shall not obligate any funds of the
 

 
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 1           State except as have been appropriated to it.
 
 2           Notwithstanding the foregoing, the authority may enter
 
 3           into and perform such contracts, leases, cooperative
 
 4           agreements, or other transactions with any agency or
 
 5           instrumentality of the United States, a foreign nation,
 
 6           a state, a territory, or a possession, or with any
 
 7           political subdivision thereof;
 
 8      (7)  Accept, hold, or expend gifts or grants in any form
 
 9           from any public agency or private source, or from any
 
10           other source;
 
11      (8)  Impose and collect fees pertaining to the use of
 
12           properties and facilities of the authority;
 
13      (9)  Formulate budgets to provide for the operation of the
 
14           facilities of the authority;
 
15     (10)  Submit an annual report to the governor and the
 
16           legislature at least twenty days prior to the convening
 
17           of each regular session;
 
18     (11)  Acquire, own, lease, hold, clear, improve, and
 
19           rehabilitate real, personal, or mixed property and
 
20           assign, exchange, transfer, convey, lease, sublease, or
 
21           encumber any project including by way of easements;
 
22     (12)  Construct, reconstruct, rehabilitate, improve, alter,
 
23           or repair, or provide for the construction,
 

 
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 1           reconstruction, rehabilitation, improvement,
 
 2           alteration, or repair of any project and designate a
 
 3           qualified person as its agent for this purpose, and
 
 4           own, hold, assign, transfer, convey, exchange, lease,
 
 5           sublease, or encumber any project;
 
 6     (13)  Arrange or initiate appropriate action for the
 
 7           planning, replanning, opening, grading, or closing of
 
 8           streets, roads, roadways, alleys, easements, or other
 
 9           places, the furnishings or improvements, the
 
10           acquisition of property or property rights, or the
 
11           furnishing of property or services in connection with a
 
12           research and technology park;
 
13     (14)  Prepare or cause to be prepared plans, specifications,
 
14           designs, and estimates of cost for the construction,
 
15           reconstruction, rehabilitation, improvement,
 
16           alteration, or repair of any project or research and
 
17           technology park, and from time to time, modify these
 
18           plans, specifications, designs, or estimates;
 
19     (15)  Engage the services of consultants on a contractual
 
20           basis for rendering professional and technical
 
21           assistance and advice;
 
22     (16)  Procure insurance against any loss in connection with
 
23           its properties and other assets and operations in
 

 
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 1           amounts and from insurers as it deems desirable;
 
 2     (17)  Issue bonds pursuant to this chapter in principal
 
 3           amounts as may be authorized from time to time by law
 
 4           to finance the cost of a project, including the repair
 
 5           or addition to its parks and facilities as authorized
 
 6           by law and to provide for the security thereof as
 
 7           permitted by this chapter; 
 
 8     (18)  Lend or otherwise apply the proceeds of the bonds
 
 9           issued for a project or a research and technology park
 
10           either directly or through a trustee or a qualified
 
11           person for use and application in the acquisition,
 
12           construction, installation, or modification of a
 
13           project or research and technology park, or agree with
 
14           the qualified person whereby any of these activities
 
15           shall be undertaken or supervised by that qualified
 
16           person or by a person designated by the qualified
 
17           person;
 
18     (19)  With or without terminating a project agreement,
 
19           exercise any and all rights provided by law for entry
 
20           and re-entry upon or to take possession of a project at
 
21           any time or from time to time upon breach or default by
 
22           a qualified person under a project agreement;
 
23     (20)  Create an environment that supports appropriate natural
 

 
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 1           resource utilization and results in economic
 
 2           development, including:  supporting research projects
 
 3           and facilitating the transition from research and
 
 4           development to pilot scale and then to full commercial
 
 5           operation of companies utilizing the natural resources
 
 6           available at the research and technology parks;
 
 7           developing educational and conservation programs;
 
 8           supporting commercialization of the natural resources
 
 9           available at the research and technology parks, if the
 
10           commercialization is compatible with the research,
 
11           development, and other retail, commercial, and tourism
 
12           activities of the research and technology parks;
 
13           identifying issues and impediments to the development
 
14           of natural resource utilization; and providing policy
 
15           analysis and information important to the development
 
16           of natural resource utilization in Hawaii;
 
17     (21)  Develop programs that support projects and companies
 
18           which locate at the research and technology parks;
 
19     (22)  Attract appropriate new uses of the natural resources
 
20           in Hawaii[;], including retail, commercial, and tourism
 
21           activities; and
 
22     (23)  Do any or all other acts reasonably necessary to carry
 
23           out the purposes of the authority."
 

 
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 1      SECTION 4.  Statutory material to be repealed is bracketed.
 
 2 New statutory material is underscored.
 
 3      SECTION 5.  This Act shall take effect upon its approval.
 
 4 
 
 5                              INTRODUCED BY:______________________
 
 6