SB2705 SD1

PART I

SECTION 1. The department of accounting and general services is authorized to establish and fill five full-time equivalent (5.0 FTE) state public-private partnership coordinator positions, exempt from chapter 76, Hawaii Revised Statutes, to be placed under the comptroller to manage certain public-private partnerships entered into by the State and manage certain contracts, proposals, and negotiations associated with the State's public-private partnerships. Public-private partnerships entered into by the Hawaii public housing authority are exempt from this Act.

PART II

SECTION 2. The Hawaii Revised Statutes is amended by adding a new chapter to be appropriately designated and to read as follows:

"CHAPTER

Office of public-private partnership

§ ‑1 Definitions. As used in this chapter, unless the context requires otherwise:

"Office" means the office of public-private partnership.

§ ‑2 Office of public-private partnership; established. There is established within the department of accounting and general services an office of public-private partnership to increase economic development in the State through collaboration between the public and private sectors.

§ ‑3 Duties. (a) The office shall:

(1) Create a strategic plan that includes:

(A) Objectives and goals for the office and criteria to measure the goals;

(B) Potential public-private projects that meet the office's objectives and goals;

(D) The necessary finances to develop, implement, and maintain the potential public-private projects;

(2) Coordinate collaboration among state agencies to analyze and develop public-private partnership projects based on the needs and goals of the agency and State, including proposed economic benefits, financial outcomes, contract terms and conditions, and social benefits;

(3) Create and maintain an analysis report for each public-private partnership project that shall include:

(A) Proposed economic benefits;

(B) Potential financial outcomes;

(D) Social benefits;

(4) Develop and analyze plans for future public-private partnership projects, including objectives and criteria to measure the accomplishment of objectives, develop and implement programs through which the objectives are to be attained, and determine financial requirements for public resources based on the needs and goals of the State;

(5) Assist those departments having interests in public-private partnerships, coordinate those activities that involve the responsibilities of multiple state agencies, and encourage the timely and effective implementation and completion of project milestones and objectives;

(6) Develop programs to continuously encourage public-private partnership projects that will result in the development of improved infrastructure and government services in Hawaii;

(7) Formulate and assist state agencies in formulating specific program and project proposals to solicit public-private partnerships;

(8) In collaboration with agencies and private businesses, oversee and implement each public-private partnership project; and

(9) Initiate Aloha Stadium redevelopment as its initial public-private partnership project.

(b) The office of public-private partnership shall manage only those public-private partnerships that have a minimum cost of $ .

§ ‑4 Review of public-private partnership proposals; approval (a) Prior to entering into a public-private partnership, the office shall submit any documents proposing the public-private partnership to the director of finance, comptroller, and attorney general for review and approval to enter into the partnership.

(b) Amendments to the public-private partnership proposals may be made; provided that the final public-private partnership proposal issued by the office shall be substantially similar to the public-private partnership proposals approved by the director of finance, comptroller, and attorney general.

§ ‑5 Public-private partnership; approvals. (a) After selecting a proposal for a public-private partnership and obtaining approval of the director of finance, comptroller, and attorney general for the public-private partnership project, the office may enter into the project with the selected private entity or entities.

(b) Notwithstanding any law to the contrary, a public-private partnership approved and entered into by the office pursuant to this chapter shall not exceed a term of sixty-five years from the date of the full execution of the public-private partnership.

§ ‑6 Procurement, exemption. Public-private partnerships entered into by the office shall be exempt from chapter 103D."

PART III

SECTION 3. 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 2018-2019 to:

(1) Establish and fill five full-time equivalent (5.0 FTE) state public-private partnership coordinator positions pursuant to part I of this Act; provided that the positions may be added to the position count for the department of accounting and general services; and

(2) Establish and operate the office of public-private partnership.

The sum appropriated shall be expended by the department of accounting and general services for the purposes of this Act.

SECTION 4. This Act shall take effect on July 1, 2018.

THE SENATE	S.B. NO.	2705
TWENTY-NINTH LEGISLATURE, 2018		S.D. 1
STATE OF HAWAII