39A-192  Department powers as to projects.  In addition to powers that it may now have, the department shall have all powers necessary or convenient to accomplish the purposes of this part.  The powers of the department include but are not limited to the following:

Terms Used In Hawaii Revised Statutes 39A-192

  • Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
  • Department: means the department of budget and finance. See Hawaii Revised Statutes 39A-191
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
  • Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
  • Project: means any energy project or telecommunications project. See Hawaii Revised Statutes 39A-191
  • Project agreement: means any agreement entered into under this part by the department with the project party for the financing from the proceeds of special purpose revenue bonds of a telecommunications project or an energy project, including without limitation any loan agreement. See Hawaii Revised Statutes 39A-191
  • Project party: means an electric or gas utility, including a publicly owned energy cooperative, serving the general public and that is regulated by the public utilities commission under chapter 269, or a telecommunications carrier or telecommunications common carrier, whether or not subject to regulation by the public utilities commission under chapter 269. See Hawaii Revised Statutes 39A-191

     (1)  Notwithstanding and without compliance with section 103-7 and chapter 103D, but with the approval of the governor, to:

          (A)  Enter into and carry out a project agreement, or an amendment or supplement to an existing project agreement, with a project party; and

          (B)  Enter into and carry out any agreement, whereby the obligation of a project party under a project agreement will be unconditionally guaranteed by a person other than a project party;

     (2)  To issue special purpose revenue bonds pursuant to and in accordance with this part;

     (3)  To lend the proceeds of the special purpose revenue bonds issued for a project to the project party for use and application by the project party for the acquisition, purchase, construction, reconstruction, improvement, betterment, or extension of a project;

     (4)  As security for the payment of the principal of and interest on the special purpose revenue bonds issued for a project, to:

          (A)  Pledge, assign, hypothecate, or otherwise encumber all or any part of the revenues and receipts derived or to be derived by the department under the project agreement for the project for which the special purpose revenue bonds are issued;

          (B)  Pledge and assign the interest and rights of the department under the project agreement or other agreement with respect to the project or the special purpose revenue bonds;

          (C)  Pledge and assign any bond, debenture, note, or other evidence of indebtedness received by the department with respect to the project; or

          (D)  Any combination of the foregoing;

     (5)  To extend or renew any project agreement or any other agreement related thereto; provided that any renewal or extension shall be subject to the approval of the governor unless made in accordance with provisions for the extension or renewal contained in a project agreement or related agreement theretofore approved by the governor; and

     (6)  To do any and all things necessary or convenient to carry out its purposes and exercise the powers given and granted in this part.

When the department finances a project by the issuance of special purpose revenue bonds as contemplated by this part, the State shall not exercise the power of eminent domain to acquire a project or any part thereof for lease or transfer to a project party, nor shall the State operate a project on behalf of a project party.