2024-1300 SB3200 SD1 SMA.

SECTION 1. The legislature finds that the movement for smoke-free multi-unit housing is rapidly growing in Hawaii and across the country. In 2014, the legislature enacted Act 91, Session Laws of Hawaii 2014, a groundbreaking law prohibiting smoking in all Hawaii public housing, and in the summer of 2018, the United States Department of Housing and Urban Development implemented uniform no-smoking restrictions across all nationwide public housing authorities.

The legislature further finds that, while great gains have been made in the public housing sector, many private high-rise buildings still lack adequate safeguards and protection from second-hand smoke exposure, in part, because of the high cost of installing smoke sensors and other detectors.

Accordingly, the purpose of this Act is to:

(1) Establish a two-year smoking sensor rebate pilot program to incentivize multi-family high-rise buildings to install leased or purchased smoke sensors; and

(2) Assist condominium associations in enforcing their association documents that prohibit smoking, promulgated pursuant to the authorization granted to condominium associations under section 514B-112, Hawaii Revised Statutes, to achieve condominium community mutual obligations.

SECTION 2. Chapter 328J, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"§328J- Smoking sensor rebate pilot program. (a) The department shall administer a pilot rebate program that incentivizes the installation of smoking sensors in multi-family high-rise buildings that are subject to section 514B-112, and may contract with a third-party administrator pursuant to subsection (i) to operate and manage the rebate program.

(b) An applicant condominium association may be eligible for a rebate under the rebate program if the applicant condominium association installs smoking sensors to detect smoking within smoking-prohibited areas.

(c) Each eligible installation of a smoking sensor pursuant to a lease or purchase shall receive a rebate of either per cent of the retail cost of the smoking sensor or $ , whichever amount is lower; provided that no condominium association shall receive more than $ in total rebates each fiscal year.

(d) The department shall not issue more than $ in total rebates under this section each fiscal year; provided that the tobacco prevention and control trust fund pursuant to section 328L-5(c) contains sufficient funds to pay the rebates. The department shall not be liable to pay any refund if sufficient funds are unavailable. The department shall allow valid claims filed by eligible applicant condominium associations for whom sufficient funds may not be immediately available to receive a rebate as funds may be available in a subsequent year.

(e) The department shall:

(1) Prepare any forms that may be necessary for an applicant condominium association to claim a rebate pursuant to this section; and

(2) Require each applicant condominium association to furnish reasonable information to ascertain the validity of the claim, including but not limited to documentation necessary to demonstrate that the installation for which the rebate is claimed is eligible.

(f) This section shall apply to smoking sensors installed after , 2024.

(g) Applicant condominium associations shall submit applications to the department within of the date that the newly installed smoking sensor devices are placed into service to claim a rebate from the smoking sensor rebate pilot program. Failure to apply to the department within of the date that the newly installed smoking sensor devices are placed into service shall constitute a waiver of the right to claim the rebate. Rebates shall be subject to available funds, and the program administrator shall not approve additional rebates for the remainder of the fiscal year after program funds have been fully exhausted.

(h) Nothing in this section shall alter taxes due on the original purchase. Any rebate received pursuant to this section shall not be considered income for the purposes of state or county taxes.

(i) The department may contract with a third-party administrator to operate and manage the smoking sensor rebate pilot program. The third-party administrator shall not be deemed to be a "governmental body" as defined in section 103D-104; provided that all moneys transferred to the third-party administrator shall have been appropriated by the legislature or shall be from moneys provided by the federal government or private funding sources. The third-party administrator shall not expend more than per cent of the amounts appropriated for the smoking sensor rebate pilot program, or any other reasonable percentage determined by the department, for administration of the smoking sensor rebate pilot program.

(j) For purposes of this section, "smoking sensor" means a device that monitors and immediately detects smoking within a specified area and sends location-specific alerts and a timestamped scientific report of the smoking incident to the user using wi-fi technology."

SECTION 3. New statutory material is underscored.

SECTION 4. This Act shall take effect upon its approval, and shall be repealed on July 1, 2026.

THE SENATE	S.B. NO.	3200
THIRTY-SECOND LEGISLATURE, 2024		S.D. 1
STATE OF HAWAII		Proposed