PART VII. SPECIAL PROVISIONS SECTION 130. Provided that to the extent that the sums appropriated for the payment of principal and interest on general obligation bonds are insufficient to meet and pay all such obligations when due in accordance with the terms of such bonds, the governor shall direct the utilization of any or all appropriations available or unexpended from any other state program, as the first charge for the payment of principal and interest of the bonds when due; and provided further that the legislature shall, under procedures established in section 10 of article III of the Hawaii State Constitution, meet in special session to comply with the provisions of section 12 of article VII of the Hawaii State Constitution, which pledge the full faith and credit of the State for the payment of principal and interest on all general obligation and reimbursable general obligation bonds. SECTION 131. All general obligation bond funds used for a public undertaking, improvement, or system, designated by the letter (D), shall have the bond principal and interest reimbursed from the special fund in which the net revenue, or net user tax receipts, or combination of both, of such public undertaking, improvement or system, are deposited or credited. Bonds issued for irrigation and housing projects shall be reimbursed, as provided by section 174-21 and chapter 201E, Hawaii Revised Statutes, respectively. The governor is authorized to use, at the governor's discretion, the state highway fund, the harbor special fund, the boating special fund, the airport revenue fund, the special land and development fund, the economic development special fund, or other appropriate special fund, to finance the respective public undertaking, improvement, or system described above and authorized in this Act, where the method of financing is designated to be by general obligation bond fund with debt service cost to be paid from the funds; provided that the governor shall submit a report to the legislature on such changes in the method of financing of such projects. SECTION 132. Any law or any provision of this Act to the contrary notwithstanding, the appropriations made for capital improvement projects authorized under this Act shall not lapse at the end of the fiscal biennium for which the appropriation is made; provided that all appropriations made to be expended in fiscal biennium 2001-2003 which are unencumbered as of June 30, 2004, shall lapse as of that date; provided further that this lapsing date shall not apply to: a) appropriations for projects described in section 91 of this Act where the means of funding is designated to be the state educational facilities improvement special fund, and where such appropriations have been authorized for more than three years for the construction or acquisition of public school facilities; and b) non-general fund appropriations for projects described in section 91 of this Act where such appropriations have been deemed necessary to qualify for federal aid financing and reimbursement. SECTION 133. The governor may supplement funds for any cost element for a capital improvement project authorized under this Act by transferring such sums as may be needed from the funds appropriated for other cost elements of the same project, by this Act or any other prior or future Act which has not lapsed; provided that the total expenditure of funds for all cost elements shall not exceed the total appropriations for that project. SECTION 134. After the objectives of appropriations made in this Act from the general obligation bond fund or the general fund for capital improvement projects have been met, unrequired balances shall be transferred to the project adjustment fund appropriated in part II and described in part IV of this Act and shall be considered a supplementary appropriation thereto; provided that all other unrequired allotment balances, unrequired appropriation balances, and unrequired encumbrance balances shall lapse as of June 30, 2004, as provided in section 132 of this Act. SECTION 135. In the event that authorized appropriations specified for capital improvement projects listed in this Act or in any other act currently authorized by the legislature are insufficient, and where the source of funding for the project is designated as the general obligation bond fund or the general fund, the governor may make supplemental allotments from the project adjustment fund appropriated in part II and described in part IV of this Act to supplement any currently authorized capital investment cost elements; and provided further that such supplemental allotments from the project adjustment fund shall not be used to increase the scope of the project; and provided further that the governor shall submit a report of all transfers in and expenditures from the project adjustment fund to the legislature no later than twenty days prior to the convening of the 2002 and 2003 regular sessions. SECTION 136. In the event that the authorized appropriations specified for a capital improvement project listed in this Act is insufficient and where the source of funding is designated as special funds, general obligation bond fund with debt service cost to be paid from special funds, revenue bond funds, or revolving funds, the governor may make supplemental allotments from the special fund or revolving fund responsible for cash or debt service payments for the projects or transfer unrequired balances from other unlapsed projects in this or prior appropriation acts which authorized the use of special funds, general obligation bond fund with debt service costs to be paid from special funds, revenue bond funds, or revolving funds; provided that such supplemental allotments shall not be used to increase the scope of the project; provided further that such supplemental allotments shall not impair the ability of the fund to meet the purposes for which it was established; and provided further that the governor shall submit a report to the legislature no later than twenty days prior to the convening of the 2002 and 2003 regular sessions. SECTION 137. Where it has been determined that changed conditions, such as reduction in the particular population being served, permit the reduction in the scope of a capital improvement project described in this Act, the governor may authorize such reduction of project scope; and provided further that the governor shall submit a report to the legislature no later than twenty days prior to the convening of the 2002 and 2003 regular sessions. SECTION 138. In releasing funds for capital improvement projects, the governor shall consider the legislative intent and the objectives of the user agency and its programs, the scope and level of the user agency's intended service, and the means, efficiency, and economics by which the project will meet the objectives of the user agency and the State. Agencies responsible for construction shall take into consideration legislative intent and the objectives of the user agency, its programs, the scope and level of the user agency's intended service and construct the improvement to meet the objectives of the user agency in the most efficient and economical manner possible. SECTION 139. With the approval of the governor, designated expending agencies for capital improvement projects authorized in this Act may delegate to other state or county agencies the implementation of such projects when it is determined by all involved agencies and parties that it is advantageous to do so; and provided further that the governor shall submit a report to the legislature no later than twenty days prior to the convening of the 2002 and 2003 regular sessions. SECTION 140. Where county capital improvement projects are partially or totally funded by state grants-in-aid as authorized in this Act or any other act of the legislature, this fact should be appropriately acknowledged during construction and upon completion of these projects. SECTION 141. The governor may authorize the expenditure of funds for capital improvement projects not previously authorized in this Act to cope with the effects natural disasters, or unforeseen emergencies, provided that the effects of natural disaster, or unforeseen emergencies create an urgent need to pursue a course of action which is in the best interest of the State; provided further that the governor shall use the project adjustment fund authorized in part II and described in part IV to accomplish the purposes of this section. SECTION 142. No appropriation authorized in this Act for expenditure by a political subdivision of this State shall be considered to be a mandate to undertake new programs or to increase the level of services under existing programs of that political subdivision. If any appropriation authorized in this Act constitutes such a mandate within the provisions of section 5 of article VIII of the Hawaii State Constitution, such authorization shall be void and, in the case of capital improvement appropriations designated to be financed from the general obligation bond fund, the total general obligation bonds authorized for such projects shall be correspondingly decreased. SECTION 143. Whenever the expending agency to which an appropriation is made is changed due to legislation enacted during any session of the legislature which affects the appropriations made by this Act, the governor shall transfer the necessary funds and positions to the proper expending agency as provided by law. SECTION 144. There is hereby appropriated out of the public trust fund created by section 5(f) of the Admissions Act (Public Law No. 86-3) the total amount of the proceeds from the sale or other disposition of any lands, and the income therefrom granted to the State by section 5(b) or later conveyed to the State by section 5(e), with the exception of such proceeds covered under section 171-19, Hawaii Revised Statutes, to be disposed of by the board of land and natural resources, and with the exception of such proceeds to be expended by the office of Hawaiian affairs under chapter 10, Hawaii Revised Statutes, in order to reimburse the general fund for the appropriation made in part II of this Act to the department of education for the support of public schools, to the extent such proceeds are realized for the period beginning July 1, 2001 to June 30, 2003. The above proceeds shall be exclusive of the amount disposed of under the provisions of the Hawaiian Homes Commission Act of 1920, as amended. SECTION 145. All grants to private organizations in this Act are made in accordance with the standard that the private programs so funded yield direct benefits to the public and accomplish public purposes. SECTION 146. Any law or provision to the contrary notwithstanding, in expending funds for social welfare programs, education programs, and other programs and agencies having appropriations which are based on population and workload data as specified in the executive budget document, only so much as is necessary to provide the level of services intended by the legislature shall be expended. Affected agencies shall reduce expenditures below appropriations under procedures prescribed by the department of budget and finance in the event actual population and workload trends are less than the figures so specified. SECTION 147. With the approval of the director of finance, the Hawaii Health Systems Corporation in the department of health may transfer to the department of human services funds appropriated to the Hawaii Health Systems Corporation for the care and treatment of patients whenever the department of human services can utilize such funds to match federal funds which may be available to help finance the cost of outpatient, acute hospital, or long-term care of indigents or medical indigents in designated critical access hospitals; provided further that the director of finance shall submit a report on amount of transfers and details on services for the previous fiscal year and fiscal year 2002 and fiscal year 2003; and provided further that this report shall be submitted twenty days prior to the 2002 and 2003 regular sessions. SECTION 148. The department of human services is authorized to enter into agreements with the department of health to furnish outpatient, hospital, and skilled nursing home care of indigents or medical indigents and to pay the department of health for such care. With the approval of the director of finance, the department of health may deposit part of such receipts into the appropriations from which transfers were made as provided elsewhere in this Act; and provided further that the director of finance shall submit a report on the transactions under this section; and provided further that this report shall be submitted twenty days prior to the 2002 and 2003 regular sessions. SECTION 149. Provided that the department of human services shall use sixty percent of the most recent available profile of the customary fees of health care practitioners, adjusted to the seventy-fifth percentile within the limits of this appropriation, in establishing fees for individual practitioners for health care payments (HMS 230), in fiscal year 2001-2002 and in fiscal year 2002-2003. SECTION 150. The governor may authorize the transfer of positions and funds from the department of health to the department of education to address Felix Consent Decree requirements; provided further that any transfers shall be based on the transfer of responsibility for Felix clients and/or treatments from the department of health to the department of education. SECTION 151. Unless otherwise provided in this Act, the governor is authorized to transfer operating funds between appropriations with the same means of funding, within an expending agency for operating purposes; and provided further that the governor shall submit a report to the legislature on all such transfers no later than twenty days prior to the convening of the 2002 and 2003 regular sessions. SECTION 152. Except as otherwise provided in this Act, each department or agency is authorized to transfer positions within its respective authorized position ceiling, for the purpose of maximizing the utilization of personnel resources and staff productivity; provided further, that all such actions shall be with the prior approval of the governor, and shall be consistent with appropriations provided in this Act, and with provisions of part II of chapter 37 of the Hawaii Revised Statutes. SECTION 153. In the event that unanticipated federal funding cutbacks diminish or curtail essential, federally-funded state programs, the governor may utilize savings as determined to be available from other state programs for the purpose of maintaining such programs until the next legislative session. SECTION 154. Provided that the governor may approve the expenditure of federal funds which are in excess of levels authorized by the legislature when the legislature is not in session; provided further that the governor may allow for an increase in the federal fund authorization ceiling for the program to accommodate the expenditure of such funds; and provided further that the governor shall submit a report to the legislature no later than twenty days prior to the convening of the 2002 and 2003 regular sessions. SECTION 155. In the event the State should assume the direct operation of any non-governmental agency receiving state funds under the provisions of this Act, all such funds shall constitute a credit to the State against the costs of acquiring all or any portion of the property, real, personal, or mixed, of such non-governmental agency. This credit shall be applicable regardless of when such acquisition takes place. SECTION 156. Where any agency is authorized by general law to secure funds or other property from private organizations or individuals to be expended or utilized in connection with any authorized program, the agency, with the governor's approval, may enter into such undertaking, provided that the provisions of the undertaking comply with applicable State constitutional and statutory requirements. SECTION 157. Except as otherwise provided by general law, negotiations for the purchase of land by state agencies shall be subject to the approval of the governor and the department of land and natural resources, or other appropriate agency; provided further that private lands may be acquired for the purpose of exchange for federal lands when the department of land and natural resources and the governor determine that such acquisition and exchange are necessary for the completion of any project specifically authorized by this Act. SECTION 158. The governor is authorized to transfer savings as may be available from the appropriated funds of any program in this Act to supplement the appropriation for any other program in this Act to cope with the effects of natural disasters or other unforeseen emergencies; provided that the effects of natural disaster or such emergencies create an urgent need to pursue a course of action which is in the best interest of the State; and provided further that the legislature shall be notified in writing of such transfers of funding no later than fourteen days after the transfer is made. SECTION 159. Except as otherwise provided, or except as prohibited by specific grant conditions, all federal or non- general fund reimbursements received by state programs shall be returned to the general fund, or other appropriate program fund; and provided further that the department of budget and finance shall submit a report on the transactions under this section; and provided further that this report shall be submitted to the legislature no later than twenty days prior to the convening of the 2002 and 2003 regular sessions. SECTION 160. Provided that, of the respective appropriation for each principal state department as defined by section 26-4, Hawaii Revised Statutes, the sum of $2,500 in fiscal year 2001-2002 and the sum of $2,500 in fiscal year 2002- 2003 shall be made available in each department to be established as a separate account for a protocol fund to be expended at the discretion of the executive heads of such departments which are respectively known as its directors, chairpersons, comptroller, adjutant-general, superintendent, president, and attorney general. SECTION 161. Except as otherwise provided, the appropriation for the office of the governor (GOV 100), shall be expended at the discretion of the governor. SECTION 162. Except as otherwise provided, the appropriation for the office of the lieutenant governor (LTG 100), shall be expended at the discretion of the lieutenant governor. SECTION 163. With the approval of the governor, agencies that use appropriations authorized in part II of this Act for audit services, may delegate that responsibility and transfer funds authorized for that purpose to the internal post audit program (AGS 104), when it is determined by such agencies that it is advantageous to do so. SECTION 164. With the approval of the governor, expending agencies that use appropriations authorized in part II of this Act for repair and alterations, may delegate responsibility and transfer funds to the construction program (AGS 221), for the implementation of such repair and alterations, when it is determined by such agencies that it is advantageous to do so. SECTION 165. Agencies with appropriations authorized in part II of this Act for risk management costs shall transfer funds authorized for that purpose to risk management (AGS 203), for the administration and implementation of state risk management costs and expenses, except as otherwise provided by law. SECTION 166. The director of finance is authorized to expend general fund savings or balances determined to be available from authorized general fund program appropriations, up to an aggregate total of $20,000,000 for each fiscal year 2001-2002 and 2002-2003, for municipal lease payments under financing agreements entered into pursuant to chapter 37D, Hawaii Revised Statutes, to finance the acquisition of depreciable assets, including, but not limited to, automobiles, computers, printers, and telecommunications equipment; and provided further that designated expending agencies (including the department of education and the university of Hawaii) for municipal lease payments and for depreciable assets, including, but not limited to, automobiles, computers, printers, and telecommunications equipment authorized in this Act may delegate to the director of finance the implementation of such acquisitions when it is determined by all involved agencies that it is advantageous to do so. SECTION 167. Provided that the legislative auditor shall conduct a financial and management study of the State's plant and non-domestic animal inspection, quarantine, and eradication programs as they relate to alien pest species; provided further that the study shall include but not be limited to a review of federal laws relating to alien pest inspection, quarantine, and eradication and where there are conflicts with State laws, if any; provided that the legislative auditor shall assess whether the State alien pest programs are organized in a manner that efficiently and effectively achieves the program objectives; provided further that the study shall investigate sources of funding for alien pest programs including federal funds, and fees; provided further that the study shall investigate sources of funding for alien pest programs including federal funds, and fees; provided further that a report of findings and recommendations shall be submitted to the legislature twenty days prior to the convening of the regular session of 2002; and provided further that the report shall contain recommendations on how Hawaii's alien pest inspection, quarantine, and eradication program can best be structured to effectively deal with the problem of alien pest introduction.