HB2537

PART I. GENERAL PROVISIONS

SECTION 1. SHORT TITLE. This Act shall be known and may be cited as the Grant Funding Act of 2020.

SECTION 2. DEFINITIONS. Unless otherwise clear from the context, as used in this Act:

"Expending agency" means the executive department, independent commission, bureau, office, board, or other establishment of the state government (other than the legislature, office of Hawaiian affairs, and judiciary), the political subdivisions of the State, or any quasi public institution supported in whole or in part by state funds, which is authorized to expend specified appropriations made by this Act.

Abbreviations, where used to denote the expending agency, shall mean the following:

AGR Department of agriculture

AGS Department of accounting and general services

ATG Department of the attorney general

BED Department of business, economic development, and tourism

BUF Department of budget and finance

CCA Department of commerce and consumer affairs

DEF Department of defense

EDN Department of education

GOV Office of the governor

HHL Department of Hawaiian home lands

HMS Department of human services

HRD Department of human resources development

HTH Department of health

LBR Department of labor and industrial relations

LNR Department of land and natural resources

LTG Office of the lieutenant governor

PSD Department of public safety

SUB Subsidies

TAX Department of taxation

TRN Department of transportation

UOH University of Hawaii

CCH City and county of Honolulu

COH County of Hawaii

COK County of Kauai

COM County of Maui

"Means of financing" or "MOF" means the source from which funds are appropriated or authorized to be expended for the programs and projects specified in this Act. All appropriations are followed by letter symbols. The letter symbols, where used, shall have the following meanings:

A General funds

B Special funds

C General obligation bond fund

D General obligation bond fund with debt service cost to be paid from special funds

E Revenue bond funds

J Federal aid interstate funds

K Federal aid primary funds

L Federal aid secondary funds

M Federal aid urban funds

N Federal funds

P Other federal funds

R Private contributions

S County funds

T Trust funds

U Interdepartmental transfers

W Revolving funds

X Other funds

"Program ID" means the unique identifier for the specific program and consists of the abbreviation for the organization responsible for carrying out the program followed by the organization number for the program.

PART II. PROGRAM APPROPRIATIONS

SECTION 3. APPROPRIATIONS. The following sums, or so much thereof as may be sufficient to accomplish the purposes and programs designated herein, are hereby appropriated or authorized, as the case may be, from the means of financing specified to the expending agencies designated for the fiscal year 2020-2021. The total expenditures in each fiscal year shall not exceed the sums and the position ceilings indicated for each fiscal year, except as provided elsewhere in this Act or as provided by general law.

PART IV. GENERAL PROVISIONS

SECTION 6. Notwithstanding any law to the contrary, funds appropriated in this Act may be transferred with the approval of the governor to the Supplemental Appropriations Act of 2020 for program execution and expenditure.

SECTION 7. Notwithstanding any law to the contrary, funds appropriated in this Act may be transferred with the approval of the governor to the Supplemental Improvements Act of 2020 for program execution and expenditure.

PART V. SPECIAL PROVISIONS

SECTION 8. The governor may supplement funds for any cost element for a capital improvement project authorized under this Act by transferring sums as may be needed from the funds appropriated for any other cost element of the same project by this Act or any other prior or future act that has not lapsed; provided that the total expenditure of funds for all cost elements shall not exceed the total appropriations for that project; provided further that the governor shall submit a report to the legislature of all uses of this authority for the previous twelve month period from December 1 to November 30 no later than thirty days prior to the convening of the regular session of 2021.

SECTION 9. Any provision of this Act to the contrary notwithstanding, the appropriations made for capital improvement projects authorized under this Act shall not lapse at the end of the fiscal biennium for which the appropriation is made; provided that all appropriations made to be expended in fiscal biennium 2019-2021 that are unencumbered as of June 30, 2022, shall lapse as of that date; provided further that this lapsing date shall not apply to non-general fund appropriations for projects described in part III of this Act where the appropriations have been deemed necessary to qualify for federal aid financing and reimbursement; provided further that those appropriations that are unencumbered as of June 30, 2026, shall lapse as of that date.

SECTION 10. In releasing funds for capital improvement projects, the governor shall consider legislative intent and the objectives of the user agency and its programs; the scope and level of the user agency's intended service; and the means, efficiency, and economics by which the project will meet the objectives of the user agency and the State; provided that agencies responsible for construction shall take into consideration legislative intent, the objectives of the user agency and its programs, and the scope and level of the user agency's intended service and construct the improvement to meet the objectives of the user agency in the most efficient and economical manner possible.

SECTION 11. With the approval of the governor, designated expending agencies for capital improvement projects authorized in this Act may delegate to other state or county agencies the implementation of projects when it is determined advantageous to do so by both the original expending agency and the agency to which expending authority is to be delegated; provided that the governor shall submit a report to the legislature of all uses of this authority for the previous twelve month period from December 1 to November 30 no later than thirty days prior to the convening of the regular session of 2021.

SECTION 12. No appropriation authorized in this Act for expenditure by a political subdivision of the State shall be considered to be a mandate to undertake new programs or to increase the level of services under existing programs of that political subdivision. If any appropriation authorized in this Act constitutes such a mandate within the provisions of section 5 of article VIII of the Hawaii State Constitution, the authorization shall be void and, in the case of capital improvement appropriations designated to be financed from the general obligation bond fund, the total general obligation bonds authorized for those projects shall be correspondingly decreased.

SECTION 13. Whenever the expending agency to which an appropriation is made is changed due to legislation enacted during any session of the legislature that affects the appropriations made by this Act, the governor shall transfer the necessary funds and positions to the proper expending agency as provided by law.

SECTION 14. If the State should assume the direct operation of any non-governmental agency receiving state funds under the provisions of this Act, all related state funds shall constitute a credit to the State against the costs of acquiring all or any portion of the property, real, personal, or mixed, of the non-governmental agency. This credit shall be applicable regardless of when the acquisition takes place.

SECTION 15. Where an agency is authorized to secure funds or other property from private organizations or individuals to be expended or utilized in connection with any authorized program, the agency, with the governor's approval, may enter into the undertaking; provided that the provisions of the undertaking comply with applicable state constitutional and statutory requirements; provided further that the governor shall submit a report to the legislature of all uses of this authority for the previous twelve month period from December 1 to November 30 no later than thirty days prior to the convening of the regular session of 2021.

SECTION 16. Except as otherwise provided by general law, negotiations for the purchase of land by state agencies shall be subject to the approval of the governor and the department of land and natural resources or other appropriate agency; provided that private lands may be acquired for the purpose of exchange for federal lands when the department of land and natural resources and the governor determine that the acquisition and exchange are necessary for the completion of any project specifically authorized by this Act.

SECTION 17. With the approval of the governor, expending agencies that use appropriations authorized in part II of this Act for planning, land acquisition, design, construction, and equipment for repair and alterations may delegate that responsibility and transfer funds to public works – planning, design, and construction (AGS221) for the implementation of the repair and alterations when the agencies determine that it is advantageous to do so; provided that the governor shall submit to the legislature a summary report of all uses of this authority for the previous twelve month period from December 1 to November 30 no later than thirty days prior to the convening of the regular session of 2021.

PART VI. MISCELLANEOUS AND EFFECTIVE DATE

SECTION 18. If any portion of this Act or its application to any person, entity, or circumstance is held to be invalid for any reason, the legislature declares that the remainder of the Act and each and every other provision thereof shall not be affected thereby. If any portion of a specific appropriation is held to be invalid for any reason, the remaining portion shall be expended to fulfill the objective of that appropriation to the extent possible.

SECTION 19. If manifest clerical, typographical, or other mechanical errors are found in this Act, the governor is hereby authorized to correct the errors.

SECTION 20. This Act shall take effect on July 1, 2020.

HOUSE OF REPRESENTATIVES	H.B. NO.	2537
THIRTIETH LEGISLATURE, 2020
STATE OF HAWAII