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WHEREAS, § 1400U -2(c) of the Code defines the term "qualified economic development <br /> purpose" for purposes of § 1400U -2 of the Code to mean any expenditures for purposes of <br /> promoting development or other economic activity in a recovery zone, including (1) capital <br /> expenditures paid or incurred with respect to property located in the recovery zone, <br /> (2) expenditures for public infrastructure and construction of public facilities, and <br /> (3) expenditures for job training and educational programs; and <br /> WHEREAS, eligible issuers of Recovery Zone Economic Development Bonds include <br /> states and political subdivisions as defined for purposes of § 103 of the Code; and <br /> WHEREAS, §1400U -1(b) of the Code requires, in part, that issuers "designate" eligible <br /> recovery zones based on certain specified criteria; and <br /> WHEREAS, I.R.S. Notice 2009 -50 ( "Notice 2009 -50 ") provides that for this purpose, <br /> any state, county, or large municipality that receives a volume cap allocation for Recovery Zone <br /> Economic Development Bonds may make these designations of recovery zones in any <br /> reasonable manner as it shall determine in good faith in its discretion; and <br /> WHEREAS, due to a significant decline in tourism and economic conditions generally, <br /> the County of Hawai`i (the "County ") has suffered significant general economic distress; and <br /> WHEREAS, §1400U-1(a)(1)(A) of the Code provides that, subject to § 1400U- 1(a)(1)(B) <br /> of the Code (relating to minimum allocations), generally, the Secretary of the Treasury shall <br /> allocate the $10 billion national volume cap for Recovery Zone Economic Development Bonds <br /> among the states in the proportion that each state's 2008 state employment decline bears to the <br /> aggregate of the 2008 State employment declines for all of the States; and <br /> 2 <br />