SB1932 SD2

PART I

SECTION 1. Hawaii's children deserve a quality education in a clean and safe environment. Many schools have leaky roofs, termite-infested floors, crumbling walls, and overheated classrooms. The legislature finds that there is a compelling need to immediately fund the backlog of repair and maintenance projects in the public schools.

In 2001, the legislature appropriated funds to help mitigate the department of education's estimated $640,000,000 backlog of repair and maintenance projects. The current backlog of repair and maintenance projects is estimated at $341,000,000, which includes recurring major and minor repairs, ongoing cycle maintenance, service and contract maintenance, nonrecurring projects, and emergency repairs.

The purpose of this part is to reduce the backlog of repair and maintenance projects within the public schools to a manageable level of $150,000,000 within three years. In order to reduce the existing backlog of work and newly generated repair and maintenance deficiencies, it is projected that $130,000,000 will be required each year for the next three years.

SECTION 2. There is appropriated out of the general revenues of the State of Hawaii the sum of $ , or so much thereof as may be necessary for fiscal year 2007-2008, and the same sum, or so much thereof as may be necessary for fiscal year 2008-2009, for the department of education's repair and maintenance projects.

The sums appropriated shall be expended by the department of education for the purposes of this part.

SECTION 3. The director of finance is authorized to issue general obligation bonds in the sum of $ , or so much thereof as may be necessary for fiscal year 2007-2008, and the same sum, or so much thereof as may be necessary, is authorized to be issued for fiscal year 2008-2009, and the same sums, or so much as may be necessary, are appropriated for fiscal year 2007-2008 and 2008-2009, respectively, for deposit into the state educational facilities special fund for the department of education's repair and maintenance projects.

SECTION 4. There is appropriated out of the state educational facilities special find the sum of $ or so much thereof as may be necessary for fiscal year 2007-2008 and the same sum, or so much thereof as may be necessary for fiscal year 2008-2009 for the repair and maintenance of department of education school facilities.

The sums appropriated shall be expended by the department of education for the purposes of this part.

SECTION 5. Sums appropriated under this part shall be in addition to any funds that may be appropriated for the same purposes of this part.

SECTION 6. The appropriation made for capital improvement projects authorized by this part shall not lapse at the end of the fiscal biennium for which the appropriation is made; provided that all moneys from the appropriation unencumbered as of June 30, 2010, shall lapse as of that date.

PART II

SECTION 7. The University of Hawaii's physical plant has accumulated a backlog of repair and maintenance deficiencies due to the lack of general funds. Repair and maintenance projects include reroofing, mechanical and electrical systems, renovations, resurfacing, repainting, and other improvements and project costs to upgrade facilities at all university campuses.

Facilities provide the centerpiece around which all other educational activities exist at higher education institutions. The total replacement value of all University of Hawaii facilities is estimated at $1,600,000,000. Therefore, it is imperative to reinvest in the university's physical plant to ensure that the physical infrastructure facilitates the mission of the institution.

Well maintained physical infrastructure and facilities at our higher education campuses that are functional, architecturally sound, aesthetically pleasing, and in compliance with building and safety codes support quality instruction, research, student, and community services programs.

The current backlog of repair and maintenance deficiencies at the University of Hawaii totals $165,000,000. The purpose of this part is to reduce the backlog of repair and maintenance projects at the University of Hawaii to a manageable level.

SECTION 8. There is appropriated out of the general revenues of the State of Hawaii the sum of $ , or so much thereof as may be necessary for fiscal year 2007-2008, and the same sum, or so much thereof as may be necessary for fiscal year 2008-2009, for the purpose of reducing the backlog of repair and maintenance projects to manageable levels at the University of Hawaii system.

The sums appropriated shall be expended by the University of Hawaii for the purposes of this part.

SECTION 9. The director of finance is authorized to issue general obligation bonds in the sum of $ , or so much thereof as may be necessary, and the same sum, or so much thereof as may be necessary, is authorized to be issued for fiscal year 2008-2009, and the same sums, or so much as may be necessary, are appropriated for fiscal year 2007-2008 and 2008-2009, respectively, for the purpose of reducing the backlog of repair and maintenance projects to manageable levels at the University of Hawaii system.

The sums appropriated shall be expended by the University of Hawaii for the purposes of this part.

SECTION 10. The sums appropriated under this part shall be in addition to any other funds that may be appropriated for the same purposes of this part.

SECTION 11. The appropriations made for the capital improvement projects authorized by this part shall not lapse at the end of the fiscal biennium for which the appropriations are made; provided that all moneys from the appropriation unencumbered as of June 30, 2010, shall lapse as of that date.

PART III

SECTION 12. Section 302A-1506.5, Hawaii Revised Statutes, is amended to read as follows:

"[[]§302A-1506.5[]] Early childhood education facilities; identifying sites[.]; inspections. (a) The department [~~of education~~] shall identify unused public school facilities for use by early childhood education programs. Suitable empty classrooms, as determined by the department, shall be [~~inventoried for potential use in~~] prepared and utilized for early childhood education programs[.]; provided that the classrooms shall meet the licensing standards determined by the departments of education and human services. Priority shall be given to land or facilities on sites with sufficient space for three or more classrooms to be renovated or constructed.

(b) The department shall assist in the identification of possible construction sites for private providers to build early childhood education facilities.

(c) The department of human services, which currently inspects early childhood education facilities for the proper operation, sanitation, and safety of the facilities, shall submit regular reports with its findings and recommendations to the department of education. All early childhood education facilities shall be open at all times to visitation and inspection by representatives of the departments of education, human services, and health, and by the designated representatives of the respective county fire departments.

(d) The department may adopt rules pursuant to chapter 91 to effectuate this section."

SECTION 13. There is appropriated out of the general revenues of the State of Hawaii the sum of $ , or so much thereof as may be necessary for fiscal year 2007-2008, and the same sum, or so much thereof as may be necessary for fiscal year 2008-2009, for land or facilities for early childhood education programs as provided in this part.

The sums appropriated shall be expended by the department of education for the purposes of this part.

SECTION 14. The sums appropriated under this part shall be in addition to any other funds that may be appropriated for the same purposes of this part.

PART IV

SECTION 15. The provisions of this Act are declared to be severable and if any portion thereof is held to be invalid for any reason, the validity of the remainder of this Act shall not be affected.

SECTION 16. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 17. This Act shall take effect on July 1, 2007; provided that section 12 shall take effect upon approval.

THE SENATE	S.B. NO.	1932
TWENTY-FOURTH LEGISLATURE, 2007		S.D. 2
STATE OF HAWAII