HAR §15-31-7. Sec

15-31-7 Public information. The chief administrative officer may disseminate information about the development corporation so that the provisions of chapter 206M, HRS, may be.understood and effectively implemented. [Rff &&z: :J I (Auth: HRS Sec. 206M-3) (Imp: HRS Sec. 206M-3) SUBCHAPTER 2 DEVELOPMENT PROPOSALS Sec. 15-31-11 Development by the development corporation. The development corporation may develop on its own or may provide financial and other assistance to qualified persons for the development of industrial parks and projects. [Bff MAR 20 1987 1 (Auth: HRS Sec., 206M-3) (Imp: HRS Sec. 206&l-3) Sec. 15-31-12 Development by qualified persons. The development of industrial parks or projects initiated by qualified persons shall be processed in accordance with these rules. [ Bff flAR 2 0 1987 ] (Auth: HRS Sec. 206M-3) (hp: HRS Sec. ZOSM-3) Sec. 15-31-13 Initial ProPosal. Persons interested in seeking financial or other assistance from the developrent corporation for the development of an industrial park or project shall submit three initial proposals to the development corporation. Unless otherwise specified, the form of the initial proposal should be typewritten on 8'1/2 x 11 inch paper and shall be signed by the interested person under penalties of perjury. Bxhibits to the initial proposal ray be larger than 8 l/2 x 11 inches provided they are neatly subritted and identified. The initial proposal shall include the following information: (1) The identity and address of the applicant and the principal members of the applicant; (2) The expertise, experience and background of the applicant and principal members of the applicant in connection with the development and operation of an industrial park or project; 31-4 Sec. 15-31-13 (3) (4) (5) (6) (7) (8) (9) (10) (11) (12) Current certified financial statement of the applicant and of the principal members.of ' the applicant who will be guaranteeing any of the financial obligations of the applicant; The location and description of the proposed industrial park or project and the names and addresses of all current legal or equitable owners of the land upon which such proposed industrial park or project will be situated. A description of current health, safety, building, planning, zoning and land use matters currently affecting the land; The development concept of the industrial park or project: The ,identity and addresses of the . applicant’s proporred development tear; Market and feasibility studies and projections on th'e industrial park or project; The proposed sources of interir and permanent financing for the project and any financial assistance and other assistance, such as research, facilities, or health, safety, building, planning, zoning, and land use Iatters, which the development corporation will be requested to assist with or to take action upon; A statement of the community's position with regard to the proposed industrial park or project and how the industrial park or project will be integrated into the . immediate surrounding area; Bnvironrental cbac&aa environmental assearsrent or environmental impact statement as deemed necessary; Other supporting exhibit8 and information, including preliminary cost estimates, feasibility studies, marketability studies,, surveys, plans and specifications, maps, and the.ranagerent and disposal. of any hazardous wastes; The applicant's agreement with respect to the following matters: (A) To pay all costs, expenses or liabilities which the development corporation incurs or becomes liable for in connection with the proposed 31-5 94 Sec. 15-31-13 development of the industrial park or project, and, if required by the development corporation, to deposit funds in advance with the development corporation which the development corporation can use without restriction in connection with evaluating the development of. the industrial park or project; (B) To agree that the development 1 corporation is not under any obligation to issue any commitment to the applicant nor is the development corporation liable to the,applicant for any costs, expenses or other liability; The development corporation may require that an industrial proposal fee be paid at the time that the initial proposal is submitted to cover the development corporation's coat for revieying the industrial -proposal. Any item of information, which is not applicable, is not available, or has been estimated, should be identified as such. 1 g f f t?AR 2 0 1987 ] (Auth: XRS Sec. 206M-3) (Imp: HRS Sec. 206M-3) Sec. 15-31-14 Bvaluation and selection of initial Rropoaala. (a) The development corporation shall time stamp initial proposals as they are received. The development corporation's'ataff shall review and analyze each initial proposal as to whether the initial proposal is potentially feasible in terms of appropriateness, technical compliance and feasibility, and availability of funds or other resources from the development corporation. The staff shall also analyze whether the initial proposal will beat fulfill the intent of chapter 206M, HRS, and can meet minimum standards of health, safety, building, planning, zoning and land use matters. The staff may request that the applicant submit additional information to the development corporation. After reviewing an initial proposal, the development corporation staff shall make one the following recommendations to the chief executive officer: (1) The initial proposal is potentially feasible; (2) The initial proposal should be rejected; (3) Action on the initial proposal should be deferred or referred for further review. 31-6 I .^ . _ Sec. 15-31-22 (b) The chief executive officer shall review the staff’s recommendation and make a recommendation’to the board. The chief executive officer is not bound by the staff’s recommendation. (c) The board will review and consider the chief executive officer’s recommendation. Not later than ninety days after the last of any information which the applicant has submitted or has been requested to aubnit has been received by the development corporation, the board will inform the applicant of the board's decision. The board reserves the right to request the applicant to submit additional information. The board is not required to accept the chief executive officer’s recommendation. Any applicant whose initial proposal is rejected by the board may reapply or resubmit to the development corporation the same or revised proposal. The resubmission shall occur within sixty days following the board's rejection of the initial proposal. g3pg&7M-3,~ lAuth: HRS Sec. 2b6ML3) *(Imp: SUBCHAPTRR 3 DBVBLOPMBNT PROCESS Sec. 15-31-20 Formal proposal. If the board determiaea that an initial proposal is potentially. feasible, the board shall notify the applicant of such determination and ahall request the applicant to file a formal pioposal: EBff MAR 20 1987 ] (Adth: HRS Sec. 20631-3) (Imp: HRS Sec. 206M-3) Sec. 15-31-21 Content of formal proposal. The formal proposal will contain all of the information contained in the initial proposal. In addition the formal proposal will contain plans, specifications and technical information relating to the development of the proposed industrial park or project. (Auth: HI+ Sec. 2TJ6M-3) .(fnp: [Bff HAR 20 13JJ Sec. 206#-3) Sec. 15-31-22 Updating formal proposal. The applicant shall be under a continuing duty to update the information which is submitted in the formal 31-7 941 Sec. 15-31-22 proposal to the development corporation on its own and upon request by the development corporation. [Eff Ilf!42 2 6 19d7 ] (Auth: HRS Sec. 206M-3) (Imp: HRS Sec. 206M-3) Sec. 15-31-23 Processing formal proposal. After the applicant's formal proposal has been received, the development corporation staff will proceed to review and analyze the formal proposal and enter into negotiations with the applicant for a project agreement. [Eff )IAR 20 iJ67 ] (Auth: HRS Sec. 206W3) (Imp: HRS Sec. 206M-3) Sec. 15-31-24 Conditions, covenants. and restrictions. The use and operation of industrial parka and projecta for high technology shall be monitored and enforced through a written agreement duly recorded with the bureau of conveyances between the qualified person and the development corporation. The agreement shall contain conditions, covenants, and restrictiona governing the use and operation of the industrial park or project that are acceptable to the development corporation and provisions affording the development corporation.to exercise any and all rights provided by law, including without limitation the assessment of fines and penalties with respect to any breach of any covenants, conditions, and restrictions by the qualified person or occupants of the park. The development corporation shall also have the right to bring en action at law or in equity, including seeking injunctive relief, for the purpose of enforcing its rights, under the project agreement and conditions, covenants and restrictions. fgff ffAR 20 1981 1 (Auth: XRS Sec. 206M-3) (Imp: HRS Sec. 206&t-3)