Transfers control of prioritizing school repair and maintenance projects to the department of education. (HB281 HD1)

A BILL FOR AN ACT

SECTION 1. The children and teachers of Hawaii's public schools require safe, secure, well-maintained, and clean schools to achieve high levels of teaching and learning. It has become increasingly clear that the conditions of our public schools depend on the availability of funds and effective management of facility needs. Currently, the facility needs of many of our schools are not being met or properly addressed. Support, resources, technical assistance, training, and services are necessary to enable our school community to reach and maintain the highest level of performance standards.

The State has invested approximately $1,700,000,000 in the construction and maintenance of our public schools. However, the funds have not been available to adequately repair and maintain these facilities. In 2001, the legislature passed and the governor enacted Act 316, which:

The repair and maintenance program is currently operated under a memorandum of agreement between the department of education (DOE) and the department of accounting and general services (DAGS). Under this arrangement, DAGS serves as the expending agency and overall project manager, and controls the implementation of all school-related repair and maintenance activities. A 1992 report by the auditor and other reports have attributed much of the increasing backlog and overall inefficiencies in school repair and maintenance to the lack of control afforded to DOE under this agreement.

As cordial as the current relationship between DOE and DAGS may be, it fails to encourage innovation, good customer service, and a drive toward greater efficiency. Accountability for the expenditure of sizable amounts of funds is also not clearly established. To maximize the use of valuable taxpayer dollars, DOE should be provided with the authority to manage repair and maintenance moneys and be held accountable for effectively and responsibly performing these duties.

Accordingly, the purpose of this Act is to enable DOE to set priorities for school repair and maintenance projects which would then be carried out by DAGS.

SECTION 2. Section 36-35, Hawaii Revised Statutes, is amended by amending subsection (a) as follows:

"(a) There is created in the state general fund under [AGS 807 (physical plant operations and maintenance)] EDN 100 (school-based budgeting) the state educational facilities repair and maintenance account, into which shall be deposited legislative appropriations to the account designated for use solely to eliminate the backlog of school repair and maintenance projects, including the repair or replacement of fixtures, furnishings, and equipment, existing on June 30, 2000. Expenditures from the account shall be subject to sections 37-31 and 37-33 to 37-40. Appropriations or authorizations from the account shall be expended by the comptroller."

SECTION 3. Section 36-36, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

"(a) There is created in the state general fund under [AGS 807 (physical plant operations and maintenance)] EDN 100 (school-based budgeting) the school physical plant operations and maintenance account, into which shall be deposited all legislative appropriations to the account.

The moneys in the account shall be used solely for school repairs and preventive maintenance projects scheduled after June 30, 2001. Expenditures from the account shall be subject to sections 37-31 and 37-33 to 37-40. Appropriations or authorizations from the account shall be expended by the comptroller."

SECTION 4. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.