SB3068 SD1

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 with donation drives and relief efforts to support those on Maui who had survived the devastation. 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 state 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 section, 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 (BUF 101), for the purposes of this section; 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 section.

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 (EDN 407) for the purposes of this section.

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 section.

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 section.

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 section.

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 section.

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 section.

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 wildfire 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 section.

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 section.

SECTION 13. There is appropriated out of the public utilities commission special fund established under section 269‑33, Hawaii Revised Statutes, the sum of $900,000 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 division of consumer advocacy (CCA 103) for the purposes of this section.

SECTION 14. 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 section.

SECTION 15. The director of finance is authorized to issue reimbursable general obligation bonds in the sum of $63,560,000 and the same sum or so much thereof as may be necessary is appropriated for fiscal year 2024-2025 as follows:

(1) $4,560,000 for a final disposition site;

(2) $11,000,000 for wastewater collection system repairs;

(3) $9,000,000 for wastewater collection system laterals and cleanouts;

(4) $3,000,000 for traffic signal replacement;

(5) $10,000,000 for fire flow improvements to water systems;

(6) $10,000,000 for water supply infrastructure repairs and replacements;

(7) $8,000,000 for storm drainage, flood control, and water quality improvements; and

(8) $8,000,000 for roadway connectivity for disaster evacuation.

The sum appropriated shall be expended by the county of Maui through (SUB 401) for the purposes of this section.

SECTION 16. 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 section.

SECTION 17. 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~~]

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 230,000,000C"

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 18. 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 four new items 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

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

XX. TEMPORARY HOUSING, MAUI

PLANS, DESIGN, CONSTRUCTION, ACQUISITION, AND EQUIPMENT FOR INFRASTRUCTURE FOR TEMPORARY HOUSING IN WEST MAUI

TOTAL FUNDING BED D 40,000,000 D

XX. MODULAR HOUSING FOR TEMPORARY UNITS, MAUI

PLANS, DESIGN, CONSTRUCTION, ACQUISITION, AND EQUIPMENT FOR INFRASTRUCTURE FOR MODULAR HOUSING FOR TEMPORARY UNITS IN WEST MAUI

TOTAL FUNDING BED D 75,000,000 D"

SECTION 19. 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 20. Statutory material being amended is bracketed and stricken. New statutory material is underscored.

SECTION 21. This Act shall take effect on July 1, 2050.

THE SENATE	S.B. NO.	3068
THIRTY-SECOND LEGISLATURE, 2024		S.D. 1
STATE OF HAWAII