University Park, UH Hilo

Establishes a high technology research park at the research park
of the University of Hawaii at Hilo.  (SD2)

HOUSE OF REPRESENTATIVES                H.B. NO.           H.D. 2
TWENTIETH LEGISLATURE, 1999                                S.D. 2
STATE OF HAWAII                                            

                   A  BILL  FOR  AN  ACT



 1      SECTION 1.  The legislature finds that it is in the public
 2 interest to support high technology development in the State.  As
 3 one of the fastest growing industries in the nation, a viable and
 4 stable high technology industry would help to diversify the
 5 economy, bring new business into the State, and provide high
 6 quality jobs and job opportunities in the State.
 7      An area of high technology that could provide Hawaii with
 8 additional diversification is biotechnology.  Development of
 9 biotechnology in tropical agriculture, aquaculture, and forestry
10 would provide much-needed research for these integral parts of
11 Hawaii's agricultural industries.
12      The legislature further finds that the research park at the
13 University of Hawaii at Hilo (UHH) currently houses the base
14 facilities for many of the observatories on Mauna Kea.  In
15 addition, the University of Hawaii Institute for Astronomy and
16 the Smithsonian Institute are each currently building base
17 facilities.  This area is perfect for UHH to encourage further
18 development of the research park with more digital and analog
19 electronics for data gathering and analysis, for controlling

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 1 instruments, and for high-speed communications.  Image enhancing
 2 and processing can also be developed as well as the storage of
 3 large amounts of imaging data both on-line and off-line.
 4      In addition, the research park also houses the agriculture
 5 extension service for the UH college of tropical agriculture and
 6 human resources.  The United States Tropical Forest Research Lab
 7 is planning to build a facility in the park, as is the United
 8 States Department of Agriculture.  With these facilities and labs
 9 in full operation, hundreds of agriculture researchers will be
10 on-site researching tropical agriculture and tropical forestry.
11      The purpose of this Act is to demonstrate Hawaii's
12 commitment to strengthening the development of its high
13 technology industry by establishing a high technology research
14 park at the research park of UHH.
15      SECTION 2.  Chapter 304, Hawaii Revised Statutes, is amended
16 by adding a new section to be appropriately designated and to
17 read as follows:
18      "304-    High technology research park; established.  (a)
19 The University of Hawaii at Hilo shall establish a high
20 technology research park to develop and sustain Hawaii's high
21 technology industry.  The high technology research park shall be
22 composed of all lands under the jurisdiction of the university of
23 Hawaii at Hilo and designated as TMK (3-2-2-56:56), (3-2-4-

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 1 01:07(por)), (3-2-4-01:05), (3-2-4-01:122), (3-2-4-01:12), and
 2 (3-2-3-3-19).
 3      (b)  For the purposes of this section, unless the context
 4 otherwise requires:
 5      "High technology" means emerging industries which are
 6 technology intensive, including, but not limited to, electronics
 7 and biotechnology.
 8      "High technology research park" means a research park that
 9 has been developed to accommodate and support high technology
10 activities at the research park at the University of Hawaii at
11 Hilo."
12      SECTION 3.  Section 206M-3, Hawaii Revised Statutes, is
13 amended to read as follows:
14      "206M-3 Powers, generally.  The development corporation
15 shall have all the powers necessary to carry out its purposes,
16 including the following powers:
17      (1)  To sue and be sued;
18      (2)  To have a seal and alter the same at its pleasure;
19      (3)  To make and execute, enter into, amend, supplement, and
20           carry out contracts and all other instruments necessary
21           or convenient for the exercise of its powers and
22           functions under this chapter including, subject to
23           approval of the governor, a project agreement with a

Page 4                                                     1683
                                     H.B. NO.           H.D. 2
                                                        S.D. 2

 1           qualified person, and any other agreement whereby the
 2           obligations of a qualified person under a project
 3           agreement shall be unconditionally guaranteed or
 4           insured by, or the performance thereof assigned to, or
 5           guaranteed or insured by, a person or persons other
 6           than the qualified person; and to grant options or
 7           renew any project agreement entered into by it in
 8           connection with any project or industrial park, on
 9           terms and conditions as it deems advisable;
10      (4)  To make and alter bylaws for its organization and
11           internal management;
12      (5)  To adopt rules under chapter 91 necessary to effectuate
13           this chapter in connection with industrial parks,
14           projects, and the operations, properties, and
15           facilities of the development corporation;
16      (6)  Through its chief executive officer, to appoint
17           officers, agents, and employees, prescribe their duties
18           and qualifications, and fix their salaries, without
19           regard to chapters 76 and 77;
20      (7)  To prepare or cause to be prepared development plans
21           for industrial parks;
22      (8)  To acquire, own, lease, hold, clear, improve, and
23           rehabilitate real, personal, or mixed property and to

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                                     H.B. NO.           H.D. 2
                                                        S.D. 2

 1           assign, exchange, transfer, convey, lease, sublease, or
 2           encumber any project including by way of easements;
 3      (9)  To construct, reconstruct, rehabilitate, improve,
 4           alter, or repair, or provide for the construction,
 5           reconstruction, rehabilitation, improvement,
 6           alteration, or repair of any project and to designate a
 7           qualified person as its agent for such purpose, and to
 8           own, hold, assign, transfer, convey, exchange, lease,
 9           sublease, or encumber any project;
10     (10)  To arrange or initiate appropriate action for the
11           planning, replanning, opening, grading, or closing of
12           streets, roads, roadways, alleys, easements, or other
13           places, the furnishing of improvements, the acquisition
14           of property or property rights, or the furnishing of
15           property or services in connection with an industrial
16           park;
17     (11)  To prepare or cause to be prepared plans,
18           specifications, designs, and estimates of cost for the
19           construction, reconstruction, rehabilitation,
20           improvement, alteration, or repair of any project or
21           industrial park, and from time to time to modify such
22           plans, specifications, designs, or estimates;
23     (12)  To engage the services of consultants on a contractual

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                                     H.B. NO.           H.D. 2
                                                        S.D. 2

 1           basis for rendering professional and technical
 2           assistance and advice;
 3     (13)  To procure insurance against any loss in connection
 4           with its property and other assets and operations in
 5           such amounts and from such insurers as it deems
 6           desirable;
 7     (14)  To accept and expend gifts or grants in any form from
 8           any public agency or from any other source;
 9     (15)  To issue bonds pursuant to this chapter in such
10           principal amounts as may be authorized from time to
11           time by law to finance the cost of a project or an
12           industrial park as authorized by law and to provide for
13           the security thereof as permitted by this chapter;
14     (16)  To lend or otherwise apply the proceeds of the bonds
15           issued for a project or an industrial park either
16           directly or through a trustee or a qualified person for
17           use and application in the acquisition, construction,
18           installation, or modification of a project or
19           industrial park, or agree with the qualified person
20           whereby any of these activities shall be undertaken or
21           supervised by that qualified person or by a person
22           designated by the qualified person;
23     (17)  With or without terminating a project agreement, to

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                                                        S.D. 2

 1           exercise any and all rights provided by law for entry
 2           and re-entry upon or to take possession of a project at
 3           any time or from time to time upon breach or default by
 4           a qualified person under a project agreement, including
 5           any action at law or in equity for the purpose of
 6           effecting its rights of entry or re-entry or obtaining
 7           possession of the project or for the payments of
 8           rentals, user taxes, or charges, or any other sum due
 9           and payable by the qualified person to the development
10           corporation pursuant to the project agreement;
11     (18)  To enter into arrangements with qualified county
12           development entities whereby the board would provide
13           financial support to qualified projects proposed;
14     (19)  To create an environment in which to support high
15           technology economic development, including but not
16           limited to:  supporting all aspects of technology-based
17           economic development; developing instructive programs,
18           identifying issues and impediments to the growth of
19           high technology industry in Hawaii; and providing
20           policy analysis and information important to the
21           development of high technology industries in Hawaii;
22     (20)  To develop programs that support start-up and existing
23           high technology companies in Hawaii and to attract new

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                                     H.B. NO.           H.D. 2
                                                        S.D. 2

 1           companies to relocate to or establish operations in
 2           Hawaii by assessing the needs of these companies and
 3           providing the physical and technical infrastructure to
 4           support their operations;
 5     (21)  To coordinate its efforts with other public and private
 6           agencies involved in stimulating technology-based
 7           economic development in Hawaii, including but not
 8           limited to:  the department of business, economic
 9           development, and tourism; the Pacific international
10           center for high technology research; and the office of
11           technology transfer and economic development of the
12           University of Hawaii;
13     (22)  To render technical and administrative services as
14           necessary to assist the University of Hawaii at Hilo in
15           developing its high technology research park to
16           encourage high technology business, including
17           biotechnology business, to locate operation in this
18           high technology research park;
19    [(22)] (23)  To promote and market Hawaii as a site for
20           commercial high technology activity;
21    [(23)] (24)  To provide advice on policy and planning for
22           technology-based economic development; and
23    [(24)] (25)  To do all things necessary or proper to carry out

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                                     H.B. NO.           H.D. 2
                                                        S.D. 2

 1           the purposes of this chapter."
 2     SECTION 4.  Statutory material to be repealed is bracketed.
 3 New statutory material is underscored.
 4     SECTION 5.  This Act shall take effect upon its approval.