§46-19.1 Facilities for solid waste processing and disposal and electric generation; financing; sale. (a) In addition to any other powers provided by law, any county may issue general obligation bonds to finance a facility for the processing and disposal of solid waste, or generation of electric energy, or both, pursuant to section [47-4], and provide for interest on the bonds which will accrue during the construction period. Any such facility shall be and constitute an undertaking as defined in section 49-1, and all revenues derived from the services and commodities furnished by the undertaking, including the disposal of solid waste and the sale of steam and electric energy and recovered materials, shall constitute revenues of the undertaking.
Any law to the contrary notwithstanding, and particularly section 47-7, bonds issued pursuant to this section to finance a facility for the processing and disposal of solid waste or generation of electric energy, or both may be sold at competitive or negotiated sale at whatever price or prices, may bear interest at whatever rate or rates payable at whatever time or times, and may be made redeemable before maturity at the option of the county, the holder, or both at whatever price or prices and upon whatever terms and conditions as the governing body of the county or, if authorized by the governing body of the county, the director of finance may determine.
If bonds issued pursuant to this section for the processing and disposal of solid waste and generation of electric energy are issued bearing interest at rates which vary from time to time and with a right of the holders to put the bonds, all as provided in the proceedings authorizing the issuance thereof, any county may contract for support facilities and remarketing arrangements as are required to market the bonds to the greatest advantage of the county upon such terms and conditions as the governing body of the county shall approve by resolution. The county may enter into contracts or agreements with the entity or entities providing a support facility as aforesaid as the governing body of the county shall approve by resolution; provided that any contract or agreement shall provide, in essence, that any amounts due and owing by the county under the contract or agreement on an annual basis shall be subject to annual appropriations by the county, and any obligation issued pursuant to the terms of the contract or agreement in the form of bonds, notes, or other evidences of indebtedness shall arise only when moneys or securities have been irrevocably set aside for the full payment of a like principal amount of bonds issued pursuant to this section. The selection of entities to provide a support facility or to remarket bonds may be in such manner and upon such terms and conditions as the governing body shall approve by resolution.
(b) If the governing body of the county shall find that the sale of a facility for the processing and disposal of solid waste, or generation of electric energy, or both will not deprive the county of the availability of the facility and will result in a reduction to the county of the costs of the facility, any law to the contrary notwithstanding, any county may sell a facility financed pursuant to this section at competitive or negotiated sale at such price and upon such terms and conditions as the governing body shall approve by resolution. The sale may be pursuant to an installment sales contract or such other form of agreement as the governing body shall approve by resolution. A facility sold as authorized by this subsection shall continue to constitute a public undertaking as provided in subsection (a), and the proceeds of such sale shall constitute revenues derived from the services and commodities furnished by the undertaking.
(c) A county may lease any facility sold as authorized by this section or enter into an operating agreement or other arrangement with the purchaser or a lessee of the purchaser of the facility upon such terms and conditions as the governing body shall approve by resolution. So long as a facility sold as authorized by this section is available to the county, notwithstanding that availability is conditioned on payment of reasonable fees for the services and commodities furnished thereby, the facility shall be deemed used for a public purpose and payment of the costs of construction shall constitute a purpose for which bonds may be issued as authorized by subsection (a).
(d) Insofar as this section is inconsistent with the provisions of any law or charter, this section shall control. The powers conferred by this section shall be in addition and supplemental to the powers conferred by any other law or charter, and bonds may be issued and a facility financed from the proceeds thereof may be sold as authorized by this section notwithstanding any debt or other limitation prescribed by any other law or charter. [L 1985, c 291, §1; am L 1988, c 57, §3]
Structure Hawaii Revised Statutes
Title 6. County Organization and Administration
46-1 Meeting place of council.
46-1.5 General powers and limitation of the counties.
46-1.6 REPEALED. L 1996, c 13, §17.
46-1.7 Retention of emergency 911 recordings.
46-1.8 Reciprocal supplying of tax information.
46-1.52 Authority to enter private property; pests or invasive species.
46-1.55 Indigenous Hawaiian architecture.
46-2 Publication or advertising of ordinances, amendments, resolutions, and bills.
46-2.1 Comprehensive ordinance codes.
46-2.2 Publication of supplements.
46-3.5 REPEALED. L 2009, c 4, §4.
46-4.2 Nonsignificant zoning changes.
46-4.5 Ordinances establishing historical, cultural, and scenic districts.
46-5 Planning and traffic commissions; creation.
46-6 Parks and playgrounds for subdivisions.
46-7 Agreements with federal government; use of funds.
46-8 State and county co-sponsorship of programs.
46-9 Expenditures of money for sister-city relationships.
46-11 Federal flood insurance.
46-11.5 Maintenance of channels, streambeds, streambanks, and drainageways.
46-12 Cleaning shores and beaches of seaweed, limu, and debris.
46-12.5 State beach park lifeguard services.
46-13 Each county to determine its own number of fire stations.
46-13.1 Volunteer fire stations.
46-14.5 Land use density and infrastructure; low-income rental units.
46-15 Experimental and demonstration housing projects.
46-15.1 Housing; county powers.
46-15.2 Housing; additional county powers.
46-15.3 Regulation of adult family boarding home and care home.
46-15.4 Administrative inspections and warrants.
46-15.5 Cooperation by state departments.
46-15.21 Housing choice voucher program.
46-15.25 Infrastructure dedication; affordable housing.
46-15.36 Hospice homes; permitted use in residential areas.
46-15.01 Limitation of application.
46-16 Traffic regulation and control over private streets.
46-16.2 Commuter benefits program.
46-16.3 Regulation of commercial bicycle tours.
46-16.5 Public passenger vehicle regulation.
46-16.7 REPEALED. L 2006, c 38, §29.
46-16.8 County surcharge on state tax.
46-17 Regulation of certain public nuisances.
46-18 Central coordinating agency.
46-19 Development of alternative energy resources.
46-19.1 Facilities for solid waste processing and disposal and electric generation; financing; sale.
46-19.4 Priority permitting process for renewable energy projects.
46-19.5 Energy conservation standards for building design and construction.
46-19.7 Individual shower control valves required.
46-19.8 Fire sprinklers; residences.
46-20 Regulation of sewerage and wastewater treatment systems.
46-20.1 County ownership of sewer transmission lines and facilities servicing Hawaiian home lands.
46-20.5 Regulation of towing operations.
46-20.7 County transient accommodations tax.
46-22 Compensation of certain county officials.
46-22.1 Salaries of members of council.
46-23 Salaries of department heads, deputies, assistants; fixed how.
46-24 Limitation on salary of first deputy or assistant.
46-25 Salaries of county officers and employees; moneys payable into treasury.
46-26 Bonds of county officers; form.
46-29 Certain notarial powers conferred upon county officers.
46-30 Transfer of civil service personnel on reorganization.
46-31 Transfer of noncivil service personnel on reorganization.
46-33 Exemption of certain county positions.
46-34 Civil service exemptions.
46-35 Firefighters, counsel for.
46-36 Authority of counties to engage in the process of managed competition; established.
46-41 Budgets; financial records on fiscal year basis.
46-42 Reports by fiscal officers.
46-45 Excessive expenditures; penalty.
46-46 Excess expenditures; when permitted.
46-47 Franchise fees, disposition of.
46-48 Deposit of funds in banks.
46-50 Short term investment of county moneys.
46-51 Deposit of securities with mainland depositories.
46-54 Collection of delinquent license fees, taxes, and other amounts.
46-55 Schedule of council anticipated expenditures.
46-61 Eminent domain; purposes for taking property.
46-62 Eminent domain; proceedings according to chapter 101.
46-63 Gift or sale of county property for care of aged persons.
46-64 Disposition of surplus property.
46-65 Parks in the charge of council.
46-65.5 Exchange of park property.
46-65.6 Thomas Square; to be maintained.
46-66 Disposition of real property.
46-71 Service of process upon county.
46-71.5 Indemnification of county agencies
46-72 Liability for injuries or damages; notice.
46-72.5 Counties' limited liability for skateboard activities at public skateboard parks.
46-73 Claims for legislative relief; conditions.
46-74 Waiver of exemption from assessment for improvements.
46-74.1 Exemption from improvement assessments.
46-75 Improvement bonds exempt from taxation.
46-76 Location of utility facilities in improvement districts.
46-77 Underground utility facilities in improvement districts.
46-78 Improvement districts, initiation by the State.
46-79 CUSIP numbers for district improvement bonds or improvement district bonds of counties.
46-80 Improvement by assessment; financing.
46-80.5 Special improvement district.
46-81 Reserve funds for payment of improvements.
46-85 Contracts for solid waste disposal.
46-86 Transactions for utility services.
46-89 Broadband-related permits; automatic approval.
46-103 Establishment of tax increment district.
46-105 Collection of tax increments.
46-107 Tax increment bond anticipation notes.
46-109 Termination of a tax increment district.
46-111 Computation of tax increment.
46-112 Tax on leased redevelopment property.
46-124 Negotiating development agreements.
46-125 Periodic review; termination of agreement.
46-126 Development agreement; provisions.
46-127 Enforceability; applicability.
46-129 County general plan and development plans.
46-130 Amendment or cancellation.
46-142 Authority to impose impact fees; enactment of ordinances required.
46-142.5 School impact districts; new building permit requirements.
46-143 Impact fee calculation.
46-144 Collection and expenditure of impact fees.
46-146 Time of assessment and collection of impact fees.
46-147 Effect on existing ordinances.
46-163 Conditions for the transfer of development rights.
46-165 Other rights not affected.
46-171 Actions for false claims to the counties; qui tam actions.
46-172 Civil actions for false claims.
46-173 Evidentiary determination; burden of proof.
46-174 Statute of limitations.
46-175 Action by private persons.
46-176 Rights of parties to qui tam actions.
46-177 Awards to qui tam plaintiffs.
46-179 Fees and costs of litigation.
46-180 Relief from retaliatory actions.
46-181 Certain actions barred.
46-192 County emergency medical services system; establishment.
46-193 County, functions; duties.
46-194 Emergency medical services; fees.
46-195 Community paramedicine program; established.
46-196 Emergency medical services; levels of service; contracts.
46-198 Immunity and limitation on liability for emergency aeromedical services.