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THE SENATE |
S.B. NO. |
3156 |
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THIRTY-THIRD LEGISLATURE, 2026 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO FEDERAL MILITARY INSTALLATIONS.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
The legislature further finds that maintaining federal military facilities in fully functional operating condition provides significant benefits not only to the federal government, but also to the people of the State of Hawaii. Ensuring that these facilities remain reliable and capable of supporting disaster response efforts directly promotes public safety and contributes to the resilience of the State during times of emergency.
However, the legislature finds that certain federal military facilities in the State are currently in need of timely improvement work that the federal government, for a variety of reasons, is currently unable to obtain or otherwise provide in a timely manner and that the State may be able to assist with in a specific and limited role. The legislature finds that, in accordance with and subject to the terms and conditions set forth in this Act, it is in the public's interest for the State, through its department of transportation, to assist the federal government with procuring construction services at federal military installations.
The legislature finds and declares the following:
(1) The State, due to its geographic isolation, is uniquely vulnerable to natural disasters, including hurricanes and tsunamis;
(2) In the event of a major disaster, the State relies on a network of public, including both state and federal, and private resources for emergency response and recovery efforts;
(3) Federal military installations located throughout the State, such as airfields, harbors, and highways, are an integral part of this network and possess resources critical to disaster response, including logistics, transportation, communication, and emergency shelter;
(4) The operational readiness and sound physical condition of these federal military installations are essential for the timely and effective response to protect the public's health, safety, and welfare;
(5) Cooperation between the State and federal government to ensure the construction, maintenance, repair, and functioning of this federal infrastructure is therefore in the public interest of the State of Hawaii;
(6) The State possesses personnel and resources that can be efficiently utilized for construction, maintenance, and repair services on federal military facilities;
(7) Providing these services utilizing funds provided to the State by the federal government ensures that the State's actions are undertaken for a public purpose, and that the financial burden does not fall on Hawaii's taxpayers; and
(8) This authorization for the State to provide these services with the federal government funding such services in advance serves a public purpose, enhancing the State's capacity to respond effectively to emergencies while strengthening the partnership between the State and the federal government in safeguarding the welfare of Hawaii's people.
The purpose of this Act is to establish authority for the department of transportation to enter into agreements with the United States Department of Defense to allow the department of transportation to assist with the provision of any department services, including construction, maintenance, improvement, relocation, or extension service, for federal military installations.
SECTION 2. Chapter 261, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:
"§261- Limited agreements for services on federal military installations. (a) Subject to this section, the department may enter into an agreement with the United States Department of Defense to allow the department to assist with the provision of any department service, including road maintenance, improvement, relocation, or extension service, for military installations.
(b)
State funds may not be used to provide such services under an
agreement entered into under this section, which means that federal funds shall
be the direct source of funds for payment for any contract procured for such
services.
(c)
Notwithstanding subsection (a), the department may not enter into an
agreement under this section if payment for the services provided under the
agreement would be made from funds provided to the State for public roads under
title 23 United States Code.
(d) The department may charge the United States Department of Defense a fee for the administrative services of the department relating to an agreement under this section, which fee shall be determined based upon the time spent by department staff procuring the subject work."
SECTION 3. Chapter 264, Hawaii Revised Statutes, is amended by adding to part I a new section to be appropriately designated and to read as follows:
"§264- Limited agreements for services on federal military installations. (a) Subject to this section, the department of transportation may enter into an agreement with the United States Department of Defense to allow the department of transportation to assist with the provision of any department service, including road maintenance, improvement, relocation, or extension service, for military installations.
(b) State funds may not be used to provide
such services under an agreement entered into under this section, which means
that federal funds shall be the direct source of funds for payment for any
contract procured for such services.
(c) Notwithstanding subsection (a), the
department of transportation may not enter into an agreement under this section
if payment for the services provided under the agreement would be made from
funds provided to the State for public roads under title 23 United States Code.
(d) The department of transportation may
charge the United States Department of Defense a fee for the administrative
services of the department of transportation relating to an agreement under
this section, which fee shall be determined based upon the time spent by
department of transportation staff procuring the subject work."
SECTION 4. Chapter 266, Hawaii Revised Statutes, is amended by adding to part I a new section to be appropriately designated and to read as follows:
"§266-_ Limited agreements for services on federal military installations. (a) Subject to this section, the department of transportation may enter into an agreement with the United States Department of Defense to allow the department of transportation to assist with the provision of any department service, including road maintenance, improvement, relocation, or extension service, for military installations.
(b)
State funds may not be used to provide such services under an agreement
entered into under this section, which means that federal funds shall be the
direct source of funds for payment for any contract procured for such services.
(c)
Notwithstanding subsection (a), the department of transportation may
not enter into an agreement under this section if payment for the services
provided under the agreement would be made from funds provided to the State for
public roads under title 23 United States Code.
(d) The department of transportation may charge the United States Department of Defense a fee for the administrative services of the department of transportation relating to an agreement under this section, which fee shall be determined based upon the time spent by department of transportation staff procuring the subject work."
SECTION 5. New statutory material is underscored.
SECTION 6. This Act shall take effect upon its approval.
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INTRODUCED BY: |
_____________________________ |
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BY REQUEST |
Report Title:
DOT; Federal Military Facilities; Department Services; Agreements
Description:
Authorizes the Department of Transportation to enter into agreements with the United States Department of Defense for the provision of services at federal military installations, provided that only federal funds are used and title 23 United States Code federal highway funds are excluded. Authorizes charging an administrative fee.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.