Brownfields cleanup revolving loan fund
HRS §201-18
in effect201-18. Brownfields cleanup revolving loan fund
(a) There is established in the state treasury the brownfields cleanup revolving loan fund, into which shall be deposited:
(1) Funds from federal or private funding sources;
(2) Moneys received as repayment of loans and
interest payments; and
(3) Any fees collected by the department under this
section.
(b) Moneys in the brownfields cleanup
revolving loan fund shall be used to provide low interest loans or other
authorized financial assistance to eligible public, private, and nonprofit
entities for brownfields site assessments, cleanup activities of contaminated
sites, and site monitoring activities necessary to determine the effectiveness
of a cleanup. Moneys in the brownfields cleanup revolving loan fund may also
be used to provide grants to eligible public and nonprofit entities for
brownfields site assessments, cleanup activities of contaminated sites, and
site monitoring activities necessary to determine the effectiveness of a
cleanup.
All environmental site assessments and response
activities and entities receiving funding shall be subject to the eligibility
requirements of, and conducted in accordance with, the Comprehensive
Environmental Response, Compensation, and Liability Act of 1980, P.L. 96-510
(42 U.S.C. §§9601-9675), as amended, and shall be consistent with the National
Oil and Hazardous Substances Pollution Contingency Plan at 40 Code of Federal
Regulations part 300. Moneys from the fund may be used to cover administrative
and legal costs of fund management and site management associated with
individual loans, to include personnel, services, materials, equipment, and
travel for the purposes of this section; provided that the moneys used for
these purposes shall not exceed the lesser of ten per cent of the loan or
subgrant amount or the percentage of the loan or subgrant amount set in rules
adopted pursuant to this section.
(c) The fund shall be administered by the
department of business, economic development, and tourism. Appropriations or
authorizations from the fund shall be expended by the department. The
department may award and disburse moneys from the fund in the form of grants to
eligible public or nonprofit entities for brownfields site assessments, cleanup
and related activities, or site monitoring activities pursuant to subsection
(b). The department may contract with other public or private entities for the
provision of all or a portion of the services necessary for the administration
and implementation of loans under the loan fund program. The department may
set fees or charges for fund management and technical site assistance provided
under this section. The department may adopt rules pursuant to chapter 91 to
carry out the purposes of this section.
(d) All interest earned on the deposit or
investment of the moneys in the fund shall become a part of the fund.
(e) The department shall provide an annual
report to the governor and the legislature describing all transactions and
activities involved in the administration of the brownfields cleanup revolving
loan fund.
[L 2002, c 173, §2; am L 2007, c 20, §2; am L 2021, c 234, §2]
Source: Hawaii State Legislature (capitol.hawaii.gov), via Internet Archive capturesURL: http://www.capitol.hawaii.gov/hrscurrent/Vol04_Ch0201-0257/HRS0201/HRS_0201-0018.htmFetched: 11/10/2026