Report Title:
Emergency procurement
Description:
Gives wastewater treatment plants access to the emergency procurement process to repair a major equipment breakdown that if not immediately repaired would result in wastewater spills and environmental permit noncompliance that is subject to a $25,000 fine per occurrence, per day.
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
2959 |
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TWENTY-THIRD LEGISLATURE, 2006 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
relating to procurement.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Section 103D-307, Hawaii Revised Statutes, is amended to read as follows:
"[[]§103D-307[]] Emergency procurements. (a) The head of a purchasing agency may obtain a good, service, or construction essential to meet an emergency by means other than specified in this chapter when the following conditions exist:
(1) A situation of an unusual or compelling urgency creates a threat to life, public health, welfare, or safety by reason of major natural disaster, epidemic, riot, fire, or such other reason as may be determined by the head of that purchasing agency;
(2) The emergency condition generates an immediate and serious need for goods, services, or construction that cannot be met through normal procurement methods and the government would be seriously injured if the purchasing agency is not permitted to employ the means it proposes to use to obtain the goods, services, or construction; and
(3) Without the needed good, service, or construction, the continued functioning of government, the preservation or protection of irreplaceable property, or the health and safety of any person will be seriously threatened[.];
provided that the head of a purchasing agency may obtain a good, service, or construction essential to meet an emergency by means other than specified in this chapter where the emergency consists of a major equipment breakdown that could result in wastewater spills or upset the wastewater bypass or treatment process, which if not corrected immediately would result in noncompliance with an environmental permit that could result in a fine of $25,000 or more per day per occurrence."
SECTION 2. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 3. This Act shall take effect upon its approval.
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INTRODUCED BY: |
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