HB913 HD2

SECTION 1. Section 227D-2, Hawaii Revised Statutes, is amended by amending subsections (a) and (b) to read as follows:

"(a) There is established the natural energy laboratory of Hawaii authority, which shall be a body corporate and politic and an instrumentality and agency of the State. The authority shall be placed within the department of business, economic development, and tourism for administrative purposes, pursuant to section 26-35. The purpose of the natural energy laboratory of Hawaii authority shall be to facilitate research[,]; development[,]; and environmentally responsible and culturally appropriate commercialization of natural energy resources and ocean-related research, technology, and industry in Hawaii and to engage in environmentally responsible and culturally appropriate retail, commercial, or tourism activities that will financially support that research, development, and commercialization at a research and technology park in Hawaii. Its duties shall include:

(1) Establishing, managing, and operating facilities, in compliance with all state and federal laws, rules, regulations, and licensing and permitting requirements, that provide sites for:

(A) Research and development;

(B) Commercial projects and businesses utilizing natural resources, such as ocean water or geothermal energy;

(C) Compatible businesses engaged in scientific and technological investigations, or retail, commercial, and tourism activities; and

(D) Businesses or educational facilities that support the primary projects and activities;

(2) Providing support, utilities, and other services to facility tenants and government agencies;

(3) Maintaining the physical structure of the facilities;

(4) Promoting and marketing these facilities;

(5) Promoting and marketing the reasonable utilization of available natural resources[;] in a culturally appropriate and environmentally responsible manner;

(6) Supporting ocean research and technology development projects that support national and state interests, use facilities and infrastructure in Hawaii, and foster potential commercial development; [~~and~~]

(7) Engaging in retail, commercial, and tourism activities that are not related to facilitating research, development, and commercialization of natural energy resources in Hawaii; provided that all income derived from these activities shall be deposited in the natural energy laboratory of Hawaii authority special fund[.]; and

(8) Engaging in community outreach and education in west Hawaii island as they relate to activities within the park to promote workforce development in science, technology, engineering, math, and aquaculture industries, including through programs for local educators, students, educational institutions within Hawaii, and state- and county-sponsored community groups.

(b) The governing body of the authority shall consist of a board of directors having twelve voting members. Three members from the general public shall be appointed by the governor for staggered terms pursuant to section 26-34[~~, except~~]; provided that one of these members shall be a resident of the county of Hawaii. The members shall be selected on the basis of their knowledge, interest, and proven expertise in, but not limited to, one or more of the following fields: finance, commerce and trade, corporate management, marketing, economics, engineering, energy management, real estate development, property management, aquaculture, [~~and~~] ocean science[.], Native Hawaiian cultural practices and traditions, conservation, and animal welfare. The chairperson and secretary of the research advisory committee shall serve on the board. The director of business, economic development, and tourism, the chairperson of the board of land and natural resources, the president of the University of Hawaii, the mayor of the county of Hawaii, and an appointed member from the board of the Hawaii technology development corporation, or their designated representatives, shall serve as ex officio, voting members of the board. The tenants of the authority shall elect two members to the board from among the tenants of the authority, of which one member shall serve a two-year term, and one member shall serve a four-year term. In electing the tenant members, each tenant shall be entitled to cast one vote for each member position. The tenant members shall be recused from voting on setting lease rents, water rates, or utility rates, but may participate in discussions. The director of business, economic development, and tourism shall serve as the chairperson until such time as a chairperson is elected by the board from the membership. The board shall elect other officers as it deems necessary."

SECTION 2. Section 227D-4, Hawaii Revised Statutes, is amended to read as follows:

"[[]§227D-4[]] Research advisory committee. The authority shall appoint a research advisory committee for the purpose of obtaining expert and specialized counsel and advice on matters relating to scientific research. The research advisory committee shall include a member of the University of Hawaii institutional animal care and use committee and may include [~~as members of the committee~~] officers and employees of any government department or agency or members of the scientific community; provided that at least two members of the board shall be appointed to the research advisory committee. Members of the research advisory committee shall elect the chairperson and secretary of the committee, who shall serve as members of the board. The authority may assign its own staff to aid and assist the research advisory committee and may reimburse any member of the committee for necessary expenses incurred in the performance of the member's work for the authority."

SECTION 3. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 4. This Act shall take effect on June 30, 3000; provided that the existing members of the natural energy laboratory of Hawaii authority shall continue to serve until the expiration of their respective terms.

HOUSE OF REPRESENTATIVES	H.B. NO.	913
THIRTY-SECOND LEGISLATURE, 2023		H.D. 2
STATE OF HAWAII