HOUSE OF REPRESENTATIVES

H.B. NO.

2379

THIRTY-SECOND LEGISLATURE, 2024

 

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

MAKING APPROPRIATIONS FOR WILDFIRE RECOVERY.

 

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 

     SECTION 1.  The legislature finds that the devastating wildfires brought on by winds from Hurricane Dora on August 8, 2023, resulted in one of the worst natural disasters in the State's history.  The wildfires caused loss of life and displacement of thousands on the island of Maui.  The disaster also destroyed nearly all of Lahaina.

     The people of Hawaii and the world responded compassionately by coming together to support those on Maui who had survived the devastation with donation drives and relief efforts.  Federal, state, and county agencies worked together with nonprofit organizations, including the American Red Cross, Hawaii Community Foundation, Maui United Way, and many others, on the emergency response and recovery efforts.

     The legislature further finds that to support response and recovery efforts and address immediate 2023 wildfire funding needs, the governor, through the seventh emergency proclamation relating to wildfires, dated September 8, 2023, and executive memorandum no. 23-08, redirected $164.1 million, after adjustments, from selected general fund operating appropriations from Act 164, Session Laws of Hawaii 2023, originally intended for specific purposes and capital improvement projects, to the department of budget and finance.  The department of budget and finance subsequently transferred $65 million to the major disaster fund and set aside the remaining $99.1 million for the State's share of noncongregate housing and debris clean-up costs initially being paid by the Federal Emergency Management Agency.  These steps, among others, allowed the State to address response and recovery expenses incurred thus far without cutting positions and departmental base budgets.

     The purpose of this Act is to continue the Hawaii wildfires disaster response and recovery efforts by:

     (1)  Appropriating $452.2 million relating to the State's response to the Maui wildfires and statewide wildfire mitigation and response; and

     (2)  Reauthorizing $160.2 million of general funded capital improvement project operating appropriations as general obligation bond funded appropriations.

     SECTION 2.  There is appropriated out of the risk management revolving fund established by section 41D-4, Hawaii Revised Statutes, the sum of $200,000,000 or so much thereof as may be necessary for fiscal year 2024-2025 for insurance claim payments related to the Hawaii wildfires disaster that began on August 8, 2023.

     The sum appropriated shall be expended by the department of accounting and general services, state risk management and insurance administration (AGS 203), for the purposes of this Act, with the approval of the comptroller.

     SECTION 3.  There is appropriated out of the general revenues of the State of Hawaii the sum of $186,160,000 or so much thereof as may be necessary for fiscal year 2024-2025 as a set-aside for recovery costs for the Hawaii wildfires disaster that began on August 8, 2023.

     The sum appropriated shall be expended by the department of budget and finance, departmental administration and budget division (BUF101), for the purposes of this Act; provided that, any law to the contrary notwithstanding, the governor may authorize the transfer of up to $186,160,000 in general funds to other state agencies for recovery costs for the Hawaii wildfires disaster that began on August 8, 2023; provided further that the governor shall submit a report to the legislature within five days of each use of this authority; provided further that the report shall include the date of transfer, the amount of the transfer, the program ID to which funds were transferred, and an explanation of the purpose of the transfer of resources; and provided further that the governor shall submit to the legislature a summary report containing the aforementioned information for each use of this authority for the previous twelve month period from December 1 to November 30 no later than thirty days prior to the convening of the regular sessions of 2025 and 2026.

     SECTION 4.  There is appropriated out of the general revenues of the State of Hawaii the sum of $182,238 or so much thereof as may be necessary for fiscal year 2024-2025 for three full-time equivalent (3.0 FTE) positions in the department of business, economic development and tourism, statewide planning and coordination special plans branch, for Maui recovery efforts.

     The sum appropriated shall be expended by the department of business, economic development and tourism, statewide planning and coordination (BED 144), for the purposes of this Act.

     SECTION 5.  There is appropriated out of the general revenues of the State of Hawaii the sum of $125,000 or so much thereof as may be necessary for fiscal year 2024-2025 for temporary libraries located in Makawao and Lahaina, Maui.

     The sum appropriated shall be expended by the Hawaii state public library system, public libraries (EDN407) for the purposes of this Act.

     SECTION 6.  (a)  The department of human services is authorized to fund six full-time equivalent (6.0 FTE) temporary positions to be funded by federal funds.

     (b)  There is appropriated out of the general revenues of the State of Hawaii the sum of $13,370,000 or so much thereof as may be necessary for fiscal year 2024-2025, and the sum of $12,751,554 or so much thereof as may be necessary for fiscal year 2024-2025 in federal funds for emergency management related to the Hawaii wildfires that began on August 8, 2023.

     (c)  The sums appropriated shall be expended by the  department of human services, general administration – DHS (HMS 904), for the purposes of this Act.

     SECTION 7.  There is appropriated out of the conservation and resources enforcement special fund established by section 199-1.5, Hawaii Revised Statutes, the sum of $521,473 or so much thereof as may be necessary for fiscal year 2024-2025 for the department of land and natural resources, conservation and resources enforcement, for Maui wildfire recovery efforts.

     The sum appropriated shall be expended by the department of land and natural resources, conservation and resources enforcement (LNR 405), for the purposes of this Act.

     SECTION 8.  There is appropriated out of the general revenues of the State of Hawaii the sum of $653,082 or so much thereof as may be necessary for fiscal year 2024-2025 to the Hawaii emergency management agency to establish twenty full-time equivalent (20.0 FTE) permanent positions for Maui wildfire recovery.

     The sum appropriated shall be expended by the Hawaii emergency management agency (DEF 118) for the purposes of this Act.

     SECTION 9.  There is appropriated out of the public utilities commission special fund established by section 269-33, Hawaii Revised Statutes, the sum of $1,000,000 or so much thereof as may be necessary for fiscal year 2024-2025 for consultant contracts for utility dockets.

     The sum appropriated shall be expended by the public utilities commission (CCA 901) for the purposes of this Act.

     SECTION 10.  There is appropriated out of the general revenues of the State of Hawaii the sum of $20,000,000 or so much thereof as may be necessary for fiscal year 2024-2025 for wildfire response, recovery, and prevention measures.

     The sum appropriated shall be expended by the department of Hawaiian home lands, administration and operating support (HHL 625), for the purposes of this Act.

     SECTION 11.  There is appropriated out of the general revenues of the State of Hawaii the sum of $7,425,000 or so much thereof as may be necessary for fiscal year 2024-2025 for fire response and rehabilitation and fuels reduction contracts for the department of land and natural resources, division of forestry and wildlife.

     The sum appropriated shall be expended by the department of land and natural resources, native resources and fire protection program (LNR 402), for the purposes of this Act.

     SECTION 12.  There is appropriated out of the general revenues of the State of Hawaii the sum of $10,000,000 or so much thereof as may be necessary for fire and emergency response equipment.

     The sum appropriated shall be expended by the department of land and natural resources, native resources and fire protection program (LNR 402), for the purposes of this Act.

     SECTION 13.  The director of finance is authorized to issue general obligation bonds in the sum of $2,360,000 and the same sum or so much thereof as may be necessary is appropriated for fiscal year 2024-2025 for the purpose of West Maui and Upcountry Maui fire prevention, erosion control, and fire suppression dip tanks.

     The sum appropriated shall be expended by the department of land and natural resources, native resources and fire protection program (LNR 402), for the purposes of this Act.

     SECTION 14.  The following sums or so much thereof as may be necessary for fiscal year 2024-2025 are appropriated or authorized, as the case may be, from moneys in the treasury received from revenue bond funds and federal grants to finance the project listed below.  The letter symbols used after the specific project appropriations indicate the source of financing and have the following meaning:  (E) revenue bond funds, (N) federal funds.

            LAHAINA REPAIR, REHABILITATION, AND/OR REINSTALLATION, MAUI

 

            DESIGN AND CONSTRUCTION.

                  TOTAL FUNDING                 TRN        $ 6,600,000E

                                                            26,400,000N

 

     The sums appropriated shall be expended, and the bonds authorized shall be issued, by the department of transportation, Maui highways (TRN 531), for the purposes of this Act.

     SECTION 15.  Part II of Act 164, Session Laws of Hawaii 2023, is amended by amending section 3 as follows:

     1.  By amending item A-24 to read as follows:

"24.  BED160 - HAWAII HOUSING FINANCE AND DEVELOPMENT CORPORATION

       OPERATING                         BED      150,000,000A  [230,000,000A]

                                                                            A

                                         BED        3,100,000N     3,100,000N

                                                        23.00*         23.00*

                                                        45.00#         45.00#

                                         BED       13,533,889W    14,046,265W

                                         BED        3,000,000P     3,000,000P

       INVESTMENT CAPITAL                BED       45,000,000C    30,000,000C

 

     2.  By amending item G-22 to read as follows:

"22.  UOH800 - UNIVERSITY OF HAWAII, COMMUNITY COLLEGES

                                                       1,812.50*     1,812.50*

                                                          46.00#        46.00#

       OPERATING                         UOH        177,676,803A  182,428,030A

                                         UOH         75,630,837B   75,630,837B

                                                           0.50*         0.50*

                                         UOH          4,428,296N    4,428,296N

                                                          34.00*        34.00*

                                         UOH         31,824,086W   31,824,086W

       INVESTMENT CAPITAL                UOH         50,250,000A   50,000,000A

                                                                   25,000,000A

                                         UOH         80,625,000C   [13,000,000C]

                                                                    38,000,000C"

     and

     3.  By amending item G-23 to read as follows:

"23.  UOH900 - UNIVERSITY OF HAWAII, SYSTEMWIDE SUPPORT

                                                      416.00*        416.00*

                                                        1.00#          1.00#

      OPERATING                         UOH       62,925,512A    59,963,501A

                                                       20.00*         20.00*

                                        UOH       22,648,946B    23,826,197B

                                                        4.00*          4.00*

                                                        4.00#          4.00#

                                        UOH        1,094,875N     1,094,875N

                                                       15.00*         15.00*

                                        UOH       18,486,475W    18,501,237W

      INVESTMENT CAPITAL                UOH       30,000,000A    [30,000,000]A

                                                            C     30,000,000C"

     SECTION 16.  Part V of Act 164, Session Laws of Hawaii 2023, is amended by amending section 7 as follows:

     1.  By amending item G-138 to read as follows:

"138.       CCS, CAPITAL RENEWAL AND DEFERRED MAINTENANCE, STATEWIDE

 

      PLANS, DESIGN, CONSTRUCTION, AND EQUIPMENT FOR IMPROVEMENTS TO UH COMMUNITY COLLEGES SYSTEM FACILITIES. PROJECTS TO INCLUDE CAPITAL RENEWAL, REDUCTION OF MAINTENANCE BACKLOG, MAJOR AND MINOR RENOVATIONS, MODERNIZATION OF FACILITIES, RE-ROOFING, MECHANICAL AND ELECTRICAL SYSTEMS, RESURFACING, INFRASTRUCTURE, DEMOLITION OF EXISTING FACILITIES, AND OTHER REPAIRS AND PROJECT COSTS FOR UPGRADES.

             TOTAL FUNDING              UOH            25,000 A    [25,000 A]

                                                             25,000 C"

 

     2.  By amending item G-147 to read as follows:

"147.       SYSTEM, RENEW, IMPROVE, AND MODERNIZE, STATEWIDE

 

      PLANS, DESIGN, CONSTRUCTION, AND EQUIPMENT FOR IMPROVEMENTS TO THE UNIVERSITY OF HAWAII SYSTEM FACILITIES. PROJECT TO INCLUDE RENEWAL, IMPROVEMENTS AND MODERNIZATION OF INTERIOR AND EXTERIOR STRUCTURES, ROOFS, MECHANICAL AND ELECTRICAL SYSTEMS, PEDESTRIAN PATHWAYS, ROADWAYS, GROUNDS AND OTHER PROJECT COSTS TO UPGRADE EXISTING TEMPORARY AND NEW FACILITIES.

              TOTAL FUNDING              UOH            30,000 A   [30,000 A]

                                                                    30,000 C"

 

     3.  By adding a new item to read as follows:

"XX.        DWELLING UNIT REVOLVING FUND INFUSION, STATEWIDE

 

      CONSTRUCTION TO PROVIDE AN INFUSION OF FUNDS TO FINANCE ADDITIONAL AFFORDABLE HOUSING, STATEWIDE

               TOTAL FUNDING              BED            C          50,000 C"

     

     and

     4.  By adding a new item to read as follows:

"XX.        RENTAL HOUSING REVOLVING FUND REVOLVING FUND INFUSION, STATEWIDE

 

      CONSTRUCTION TO PROVIDE AN INFUSION OF FUNDS TO FINANCE ADDITIONAL AFFORDABLE RENTAL HOUSING, STATEWIDE

               TOTAL FUNDING              BED            C         180,000 C"

 

     SECTION 17.  The appropriations made for the capital improvement projects authorized by this Act shall not lapse at the end of the fiscal biennium for which the appropriations are made; provided that all moneys from the appropriations unencumbered as of June 30, 2026, shall lapse as of that date.

     SECTION 18.  Statutory material being amended is bracketed and stricken.  New statutory material is underscored.

     SECTION 19.  This Act shall take effect on July 1, 2024.

 

INTRODUCED BY:

_____________________________

 

 

BY REQUEST

 

 

Report Title:

Wildfires; Appropriations

 

Description:

Appropriates funds to support the State's continued response to the August 2023 wildfires that affected the counties of Hawaii and Maui.

 

 

 

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