Note
This part was enacted by Act 147 (2012). Section 3 of Act 147 provides:
"SECTION 3. This Act shall take effect on July 1, 2012, and upon ratification of constitutional amendments [sic] authorizing the State to issue special purpose revenue bonds and use the proceeds from the bonds to assist dam and reservoir owners."
Although House Bill No. 2594 (2012) proposed an amendment to article VII, §12 of the state constitution to authorize the State to issue special purpose revenue bonds and use the proceeds from the bonds to assist dam and reservoir owners, that constitutional amendment was not ratified in the 2012 election. However, in 2014, Senate Bill No. 2876 proposed an amendment to the same article and section of the state constitution to similarly authorize the State to issue special purpose revenue bonds and use the proceeds from the bonds to assist dam and reservoir owners. That constitutional amendment was ratified in the 2014 election.
§39A-341 Definitions. Whenever used in this part, unless a different meaning clearly appears from the context:
"Appurtenant works" means any structure, such as spillways in the dam or separate therefrom, the reservoir and its rim, low level outlet works, aboveground freshwater storage tanks, and water conduits, such as tunnels, pipelines, or penstocks, through the dam or its abutment.
"Dam" means any artificial barrier, including appurtenant works, that impounds or diverts water and that:
(1) Is twenty-five feet or more in height from the natural bed of the stream or watercourse measured at the downstream toe of the barrier, or from the lowest elevation of the outside limit of the barrier if it is not across a stream channel or watercourse to a maximum water storage elevation;
(2) Has an impounding capacity at maximum water storage elevation of fifty acre-feet or more; provided that this definition shall not apply to any artificial barrier that is less than six feet in height regardless of storage capacity or that has a storage capacity at maximum water storage elevation less than fifteen acre-feet regardless of height; or
(3) Meets additional criteria or is specifically exempt as determined pursuant to rules adopted by the board of land and natural resources.
"Department" means the department of budget and finance.
"Owner" means any person subject to chapter 179D who has a right, title, or interest in or to the dam or reservoir or to the property upon which the dam, reservoir, or appurtenant works are located or proposed to be located.
"Person" or "persons" means an individual, firm, enterprise, partnership, corporation, association, cooperative or other legal entity, governmental body or agency, board, bureau or other instrumentality thereof, or any combination of the foregoing.
"Project" means any work on a dam, reservoir, or appurtenant works necessary to maintain or improve the dam, reservoir, or appurtenant works.
"Project agreement" means any agreement entered into under this part by the department with a project party to finance, construct, operate, or maintain a project from the proceeds of special purpose revenue bonds, or to lend the proceeds of special purpose revenue bonds to assist dam and reservoir owners, including without limitation any loan agreement.
"Project party" means a person or persons who are dam and reservoir owners.
"Reservoir" means any basin that contains or will contain water impounded by a dam, including appurtenant works.
"Special purpose revenue bonds" or "bonds" means bonds, notes, or other evidences of indebtedness of the State issued pursuant to this part. [L 2012, c 147, pt of §1; am L 2017, c 134, §1]
Structure Hawaii Revised Statutes
Title 5. State Financial Administration
39A. Special Purpose Revenue Bonds
39A-1 Statement on special purpose revenue bonds.
39A-32 Department powers as to health care facilities.
39A-33 Compliance with state and local law.
39A-34 Conditions precedent to negotiating and entering into a project agreement.
39A-36 Issuance of special purpose revenue bonds to finance projects.
39A-37 Authorization of special purpose revenue bonds.
39A-38 Special purpose revenue bond anticipation notes.
39A-39 Powers with respect to and security for special purpose revenue bonds.
39A-40 Security for special purpose revenue bonds.
39A-41 Special purpose revenue bonds not a general obligation of State.
39A-42 Validity of special purpose revenue bonds.
39A-43 Use of revenues derived from project agreement.
39A-44 Special purpose revenue bonds exempt from taxation.
39A-44.5 Federal tax exempt status.
39A-45 Exemption from taxation of department property.
39A-46 Refunding special purpose revenue bonds.
39A-47 Status of special purpose revenue bonds under Uniform Commercial Code.
39A-48 Special purpose revenue bonds as legal investments and lawful security.
39A-49 Access to and public disclosure of financial records of project party.
39A-51 Construction of this part.
39A-72 Department powers as to manufacturing enterprises.
39A-73 Compliance with state and local law.
39A-74 Conditions precedent to negotiating and entering into a project agreement.
39A-76 Issuance of special purpose revenue bonds to finance projects.
39A-77 Authorization of special purpose revenue bonds.
39A-78 Special purpose revenue bond anticipation notes.
39A-79 Powers with respect to and security for special purpose revenue bonds.
39A-80 Security for special purpose revenue bonds.
39A-81 Special purpose revenue bonds not a general obligation of State.
39A-82 Validity of special purpose revenue bonds.
39A-83 Use of revenues derived from project agreement.
39A-84 Special purpose revenue bonds exempt from taxation.
39A-84.5 Federal tax exempt status.
39A-85 Exemption from taxation of department property.
39A-86 Refunding special purpose revenue bonds.
39A-87 Status of special purpose revenue bonds under Uniform Commercial Code.
39A-88 Special purpose revenue bonds as legal investments and lawful security.
39A-89 Access to and public disclosure of financial records of project party.
39A-91 Construction of this part.
39A-112 Department powers as to processing enterprises.
39A-113 Compliance with state and local law.
39A-114 Conditions precedent to negotiating and entering into a project agreement.
39A-116 Issuance of special purpose revenue bonds to finance projects.
39A-117 Authorization of special purpose revenue bonds.
39A-118 Special purpose revenue bond anticipation notes.
39A-119 Powers with respect to and security for special purpose revenue bonds.
39A-120 Security for special purpose revenue bonds.
39A-121 Special purpose revenue bonds not a general obligation of State.
39A-122 Validity of special purpose revenue bonds.
39A-123 Use of revenues derived from project agreement.
39A-124 Special purpose revenue bonds exempt from taxation.
39A-125 Exemption from taxation of department property.
39A-126 Refunding special purpose revenue bonds.
39A-127 Status of special purpose revenue bonds under Uniform Commercial Code.
39A-128 Special purpose revenue bonds as legal investments and lawful security.
39A-129 Access to and public disclosure of financial records of project party.
39A-131 Construction of this part.
39A-152 Department powers as to industrial enterprises.
39A-153 Compliance with state and local law.
39A-154 Conditions precedent to negotiating and entering into a project agreement.
39A-156 Issuance of special purpose revenue bonds to finance projects.
39A-157 Authorization of special purpose revenue bonds.
39A-158 Special purpose revenue bond anticipation notes.
39A-159 Powers with respect to and security for special purpose revenue bonds.
39A-160 Security for special purpose revenue bonds.
39A-161 Special purpose revenue bonds not a general obligation of State.
39A-162 Validity of special purpose revenue bonds.
39A-163 Use of revenues derived from project agreement.
39A-164 Special purpose revenue bonds exempt from taxation.
39A-165 Exemption from taxation of department property.
39A-166 Refunding special purpose revenue bonds.
39A-167 Status of special purpose revenue bonds under the Uniform Commercial Code.
39A-168 Special purpose revenue bonds as legal investments and lawful security.
39A-169 Access to and public disclosure of financial records of project party.
39A-171 Construction of this part.
39A-192 Department powers as to projects.
39A-193 Compliance with state and local law.
39A-194 Conditions precedent to negotiating and entering into a project agreement.
39A-196 Issuance of special purpose revenue bonds to finance projects.
39A-197 Authorization of special purpose revenue bonds.
39A-198 Special purpose revenue bond anticipation notes.
39A-199 Powers with respect to and security for special purpose revenue bonds.
39A-200 Security for special purpose revenue bonds.
39A-201 Special purpose revenue bonds not a general obligation of the State.
39A-202 Validity of special purpose revenue bonds.
39A-203 Use of revenues derived from project agreement.
39A-204 Special purpose revenue bonds exempt from taxation.
39A-205 Exemption from taxation of department property.
39A-206 Refunding special purpose revenue bonds.
39A-207 Status of special purpose revenue bonds under Uniform Commercial Code.
39A-208 Treatment of special purpose revenue bonds in regulatory proceedings.
39A-209 Special purpose revenue bonds as legal investments and lawful security.
39A-210 Construction of this part.
39A-222 Department powers as to early childhood education and care facilities.
39A-223 Compliance with state and local law.
39A-224 Conditions precedent to negotiating and entering into a project agreement.
39A-226 Issuance of special purpose revenue bonds to finance projects.
39A-227 Authorization of special purpose revenue bonds.
39A-228 Special purpose revenue bond anticipation notes.
39A-229 Powers with respect to and security for special purpose revenue bonds.
39A-230 Security for special purpose revenue bonds.
39A-231 Special purpose revenue bonds not a general obligation of the State.
39A-232 Validity of special purpose revenue bonds.
39A-233 Use of revenues derived from project agreement.
39A-234 Special purpose revenue bonds exempt from taxation.
39A-235 Exemption from taxation of department property.
39A-236 Refunding special purpose revenue bonds.
39A-237 Status of special purpose revenue bonds under Uniform Commercial Code.
39A-238 Special purpose revenue bonds as legal investments and lawful security.
39A-239 Access to and public disclosure of financial records of project party.
39A-241 Construction of this part.
39A-253 Compliance with state and local law.
39A-254 Conditions precedent to negotiating and entering into a project agreement.
39A-256 Issuance of special purpose revenue bonds to finance projects.
39A-257 Authorization of special purpose revenue bonds.
39A-258 Special purpose revenue bond anticipation notes.
39A-259 Powers with respect to and security for special purpose revenue bonds.
39A-260 Security for special purpose revenue bonds.
39A-261 Special purpose revenue bonds not a general obligation of the State.
39A-262 Validity of special purpose revenue bonds.
39A-263 Use of revenues derived from project agreement.
39A-264 Special purpose revenue bonds exempt from taxation.
39A-265 Federal tax-exempt status.
39A-266 Exemption from taxation of department property.
39A-267 Refunding special purpose revenue bonds.
39A-268 Status of special purpose revenue bonds under Uniform Commercial Code.
39A-269 Special purpose revenue bonds as legal investments and lawful security.
39A-270 Access to and public disclosure of financial records of project party.
39A-272 Construction of this part.
39A-282 Department powers in the development of low- and moderate-income housing.
39A-283 Compliance with state and local law.
39A-284 Conditions precedent to negotiating and entering into a project agreement.
39A-286 Issuance of special purpose revenue bonds to finance projects.
39A-287 Authorization of special purpose revenue bonds.
39A-288 Special purpose revenue bond anticipation notes.
39A-289 Powers with respect to and security for special purpose revenue bonds.
39A-290 Security for special purpose revenue bonds.
39A-291 Special purpose revenue bonds not a general obligation of the State.
39A-292 Validity of special purpose revenue bonds.
39A-293 Use of revenues derived from project agreement.
39A-294 Special purpose revenue bonds exempt from taxation.
39A-295 Federal tax-exempt status.
39A-296 Exemption from taxation of department property.
39A-297 Refunding special purpose revenue bonds.
39A-298 Status of special purpose revenue bonds under Uniform Commercial Code.
39A-299 Special purpose revenue bonds as legal investments and lawful security.
39A-300 Access to and public disclosure of financial records of project party.
39A-302 Construction of this part.
39A-312 Department powers as to agricultural enterprises.
39A-313 Compliance with state and local law.
39A-314 Conditions precedent to negotiating and entering into a project agreement.
39A-316 Issuance of special purpose revenue bonds to finance projects.
39A-317 Authorization of special purpose revenue bonds.
39A-318 Special purpose revenue bond anticipation notes.
39A-319 Powers with respect to and security for special purpose revenue bonds.
39A-320 Security for special purpose revenue bonds.
39A-321 Special purpose revenue bonds not a general obligation of the State.
39A-322 Validity of special purpose revenue bonds.
39A-323 Use of revenues derived from project agreement.
39A-324 Special purpose revenue bonds exempt from taxation.
39A-325 Federal tax exempt status.
39A-326 Exemption from taxation of department property.
39A-327 Refunding special purpose revenue bonds.
39A-328 Status of special purpose revenue bonds under the Uniform Commercial Code.
39A-329 Special purpose revenue bonds as legal investments and lawful security.
39A-330 Access to and public disclosure of financial records of project party.
39A-332 Construction of this part.
39A-342 Department powers as to dam and reservoir owners.
39A-343 Compliance with state and local law.
39A-344 Conditions precedent to negotiating and entering into a project agreement.
39A-346 Issuance of special purpose revenue bonds to finance projects.
39A-347 Authorization of special purpose revenue bonds.
39A-348 Special purpose revenue bond anticipation notes.
39A-349 Powers with respect to and security for special purpose revenue bonds.
39A-350 Security for special purpose revenue bonds.
39A-351 Special purpose revenue bonds not a general obligation of the State.
39A-352 Validity of special purpose revenue bonds.
39A-353 Use of revenues derived from project agreement.
39A-354 Special purpose revenue bonds exempt from taxation.
39A-355 Federal tax exempt status.
39A-356 Exemption from taxation of department property.
39A-357 Refunding special purpose revenue bonds.
39A-358 Status of special purpose revenue bonds under the Uniform Commercial Code.
39A-359 Special purpose revenue bonds as legal investments and lawful security.
39A-360 Access to and public disclosure of financial records of project party.