Report Title:
Department of Education; Backlog List
Description:
Repealing the department of education repair and maintenance account for projects on the backlog list as of 6/30/00.
|
HOUSE OF REPRESENTATIVES |
H.B. NO. |
22 |
|
TWENTY-FOURTH LEGISLATURE, 2007 |
|
|
|
STATE OF HAWAII |
|
|
|
|
|
|
|
|
||
|
|
||
A BILL FOR AN ACT
RELATING TO THE DEPARTMENT OF EDUCATION REPAIR AND MAINTENANCE ACCOUNTS.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Recent legislative funding has made it possible to reduce the backlog of repair and maintenance projects for school facilities. In addition, the department of education has developed a facilities project tracking system that provides detailed information about repair and maintenance projects. Therefore it is unnecessary to maintain separate accounts for repair and maintenance projects.
The purpose of this Act is to repeal the repair and maintenance account for projects on the backlog list as of June 30, 2000 and amend the remaining provisions so that the account will be the account for all repair and maintenance projects.
SECTION 2. Section 36-36, Hawaii Revised Statutes, is amended to read as follows:
"§36-36 School [physical plant
operations] facilities repair and maintenance account; maintenance
schedule. (a) There is created in the state general fund under EDN 400
(school support) the school [physical plant operations] facilities
repair 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. Based on the prioritization approved by the department
of education as prescribed by section 302A-1505, appropriations or
authorizations from the account shall be expended by the superintendent of
education.
(b) Every school facility newly constructed or renovated after June 30, 2001, shall include a preventive maintenance schedule prepared by the architect or engineer of the facility or the capital improvement project. The maintenance schedule shall include:
(1) A description of each major component of a facility or capital improvement project and the component's maintenance;
(2) The starting date of each maintenance project;
(3) The current, future, and any recurring cost of each maintenance project;
(4) The useful life of the facility or capital improvement project;
(5) The present value of the cost of normally scheduled maintenance over the useful life of the facility;
(6) The adjusted life of the facility or capital improvement project; and
(7) The replacement date of the facility or capital improvement project.
(c) Moneys in [physical plant operations]
the school facilities repair and maintenance account shall be allocated
according to departmental school districts based on:
(1) Estimated preventive and scheduled maintenance costs that reflect the age and condition of existing school facilities in the State in the following categories: re-roofing, electrical, athletic facilities, re-surfacing, equipment, exterior painting, plumbing, structural integrity, termite ground treatment, termite tent treatment, interior painting, air conditioning change out, and re-carpeting; and
(2) Budgeted recurring maintenance, health and safety requirements, and legal mandates.
(d) The expenditure of funds made under this Act for any project with an estimated total cost of less than $100,000 shall be exempt from section 464-4; provided that:
(1) The superintendent of education shall develop internal policies and procedures for the procurement of goods, services, and construction, consistent with the goals of public accountability and public procurement practices, subject to chapter 103D;
(2) Insofar as is practical, and based on specifications developed, adequate and reasonable competition of no fewer than three quotations shall be solicited for each project based on rules adopted by the superintendent of education;
(3) Considering all factors, including quality, warranty, and delivery, the award shall be made to the vendor with the most advantageous quotation;
(4) The procurement requirements shall not be artificially divided or parceled so as to avoid competitive bidding or competitive proposals; and
(5) Formal design for projects shall be done when there is a clear need to preserve structural integrity, health and safety, or to clearly communicate construction requirements.
(e) The superintendent of education shall submit an annual report to the legislature, which shall include a financial statement of the account and the status of school repair and preventive maintenance projects undertaken pursuant to this section, no later than twenty days prior to the convening of each regular session. The department of education shall post the following reports electronically on the Internet and update them quarterly:
(1) Expenditures for school repair and preventive maintenance projects undertaken pursuant to this section, shall be posted within thirty days of each project's completion; and
(2) A list of each school's repair and maintenance needs to be undertaken."
SECTION 3. Section 36-35, Hawaii Revised Statutes, is repealed.
["§36-35 State educational
facilities repair and maintenance account. (a) There is created in
the state general fund under EDN 400 (school support) 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. Based on the prioritization approved by the department of
education as prescribed by section 302A-1505, appropriations or authorizations
from the account shall be expended by the superintendent of education.
(b) The department of education shall
review the existing condition of school facilities and establish specific
vision plans for each school complex based on current repair and maintenance
requirements and overall repair and maintenance priorities.
(c) Criteria used to establish current
repair and maintenance requirements may include:
(1) The remaining useful life of the school
facility and its major components;
(2) The adjusted life of the school
facility and its major components after repair or maintenance; and
(3) The current and future repair and
maintenance requirements of the school facility and its components based on
established industry standards or product manufacturer recommendations;
provided that demolition of a facility or any of
its components may be recommended if the cost of the repairs do not justify the
adjusted life or remaining life of the facility.
(d) Criteria used to establish overall
repair and maintenance requirements may include:
(1) Whether a school facility will continue
to be used for the next twenty-five years; and
(2) Whether a repair or maintenance project
is required:
(A) For health or safety reasons;
(B) To comply with legal mandates;
(C) To comply with current building
codes; or
(D) For preventive maintenance
reasons;
provided that in developing criteria,
consideration shall be given to school facilities that were more than
twenty-five years of age on July 1, 2000.
(e) The expenditure of funds for any
project with an estimated total cost of less than $100,000 shall be exempt from
section 464-4; provided that:
(1) The superintendent of education shall
develop internal policies and procedures for the procurement of goods,
services, and construction, consistent with the goals of public accountability
and public procurement practices;
(2) Insofar as is practical, and based on
specifications developed, adequate and reasonable competition of no fewer than
three proposals shall be solicited for each project, based on rules adopted by
the superintendent of education;
(3) Considering all factors, including
quality, warranty, and delivery, the award shall be made to the vendor with the
most advantageous proposal;
(4) The procurement requirements shall not
be artificially divided or parceled so as to avoid competitive bidding or competitive
proposals; and
(5) Formal design for projects shall be
done when there is a clear need to preserve structural integrity, health and
safety, or to clearly communicate construction requirements.
For all projects, the superintendent of
education shall develop a strategy for the efficient and cost-effective use of
government and private-sector workforces and consider increased flexibility
through public-private partnering, design-build options, cost plus, job order
contracts, performance-based contracts, request for proposals, and any other
means to improve communications and accelerate repairs while preserving the
quality of the repairs.
(f) The superintendent of education shall
ensure that all repair and maintenance projects achieve maximum cost-efficiency
by emphasizing functional or performance criteria, uniformity of design, and
commonality of products, and by avoiding unique or custom requirements that
increase costs. The superintendent of education shall develop project
specifications based on generic specifications or prescriptive specifications
using standard commercial products. Prescriptive specifications may include a
qualified product list.
For the purposes of this subsection:
"Generic specification" means a
technical specification that is written in a clear, unambiguous, and
nonrestrictive manner establishing:
(1) Design, performance, or functional
requirements to identify the work to be performed; and
(2) Material standards to be used on a
project.
"Prescriptive specification" means
a technical specification:
(1) Establishing that the required work to
be performed is written in a clear, unambiguous, and nonrestrictive manner; and
(2) Listing manufacturers or products that
are acceptable for use on the project.
"Standard commercial product"
means a product or material that in the normal course of business is
customarily maintained in stock by, or readily available for marketing from a
manufacturer, distributor, or dealer.
This subsection shall not apply to any
school facility designated a historic property pursuant to section 6E-5.5.
(g) The superintendent of education shall
submit an annual report to the legislature, which shall include a financial
statement of the account and the status of repair and maintenance projects undertaken
pursuant to this section, no later than twenty days prior to the convening of
each regular session. Expenditures for repair and maintenance projects
undertaken pursuant to this section shall be posted electronically on the
Internet by the department of education within thirty days of each project's
completion.
(h) This section shall be repealed on July
1, 2020."]
SECTION 4. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 5. This Act shall take effect on July 1, 2007.
|
INTRODUCED BY: |
_____________________________ |
|
|
|