SB1091

SECTION 1. The legislature finds that during the height of the coronavirus disease 2019 (COVID-19) pandemic, many state employees were able to efficiently fulfill their work duties from home. Current teleworking arrangements, while limited, have demonstrated the continued capacity of state employees to efficiently fulfill their work duties from home. Although the state currently offers telework and hybrid work schedule options for state employees by executive order no. 23-0, many state departments have yet to widely adopt these practices. It is estimated that seventy-eight per cent of employees do not telework at all, twelve per cent telework one to two days a week, and only one per cent telework full-time, with most of the remainder participating in a hybrid three-day telework program. While certain positions within the state government may be incompatible with teleworking or hybrid work schedules, many roles can benefit from teleworking as a strategy to meet multiple state goals. Currently, the department of human resources development has a teleworking policy, an employee teleworking agreement, telework guidelines, and online telework training.

The legislature further finds that the 2023 decarbonization report by the Hawaii state energy office emphasized that reducing ground transportation emissions is heavily dependent on both the switch to electric vehicles as well as the reduction of vehicle miles traveled. Additionally, one of the department of transportation's goals as stated by the Hawaii state transportation plan is to protect and enhance natural and cultural resources and reduce climate impacts by implementing initiatives to reduce fossil fuel consumption, mitigate greenhouse gases, and improve air quality. The Maryland department of transportation, through the implementation of its telework assistance program, collectively reduced over twenty‑four thousand daily vehicle trips and over 489,000 daily vehicle miles traveled between 2020 and 2023.

The legislature finds that Act 219, Session Law of Hawaii 2021, was enacted to build on the success of teleworking during the height of the COVID-19 pandemic, which mandates a ten percent reduction in state government office space by July 1, 2026. The 2023 progress report on the implementation of Act 219 by the department of accounting and general services noted that as of December 2023, there had only been a 4.3 per cent reduction in the total square footage of offices in leased space. Teleworking can further reduce the need for office space for the department to meet its mandate. State departments like the department of health have offered teleworking opportunities to their employees on Maui and Hawaii islands and were able to downsize their office spaces.

The legislature also finds that the 2023 vacancy report by the department of human resources development identifies that employees are changing positions or leaving state service at a faster rate than job vacancies can be filled, causing the vacancy rate to increase. As of November 2023, the vacancy rate for state government positions has climbed to twenty-seven per cent, with over four thousand six hundred vacancies, and thirty per cent of the workforce eligible to retire by 2028.

Focus groups conducted in July and August of 2024 by the Oahu metropolitan planning organization with state government employees revealed that telework has improved performance, increased the desire to remain in their state job, and improved morale. Further, eighty-six per cent of responding focus group participants indicated that having the ability to telework makes or would make them more likely to stay in their state job. However, barriers to telework adoption were identified. These included long probation periods (up to six months) before new employees could qualify for teleworking, the need for employer‑provided equipment such as laptops, and a lack of willingness by department leadership to allow employees to telework.

Accordingly, the purpose of this Act is to require the comptroller to periodically assess telework-eligible positions and notify all eligible employees of their telework eligibility.

SECTION 2. Section 40-14, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

"(a) For state agencies occupying space in facilities managed by the department of accounting and general services or in non-state facilities, the comptroller shall:

(1) Assess and determine office space requirements;

(2) Initiate or cancel leases upon the determination of each agency's requirements;

(3) Renegotiate existing leases;

(4) Authorize office space allocation; [~~and~~]

(5) Determine infrastructure requirements to allow employees to telework[.]; and

(6) No later than June 30 of every even-numbered year:

(A) In coordination with the department of human resources development and office of enterprise technology services, complete an assessment of telework-eligible positions; and

(B) Notify all employees of their eligibility to telework."

SECTION 3. No later than June 30, 2026, the comptroller shall complete the first assessment and notification required under section 40-14(a)(6), Hawaii Revised Statutes.

SECTION 4. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 5. This Act shall take effect upon its approval.

INTRODUCED BY:	_____________________________

THE SENATE	S.B. NO.	1091
THIRTY-THIRD LEGISLATURE, 2025
STATE OF HAWAII