Kaʻū News Briefs June 23, 2024

HB1800: RELATING TO THE STATE BUDGET: Adjusts and requests appropriations for fiscal biennium 2023-2025 funding requirements for operations and capital improvement projects of Executive Branch agencies and programs.
   Gov. Josh Green's Veto Rationale: Fiscal prudence requires us to reassess our priorities to ensure we are addressing our highest needs—and all our needs—in an appropriate manner. Given recent projections by the Hawai‘i Council on Revenues, specific and targeted line-item amendments to the budget based on feasibility, priority, and departmental capacity are required to maintain a prudent financial plan, preserve our base budget, and balance the state’s most essential needs.
SB3068: MAKING APPROPRIATIONS FOR WILDFIRE RECOVERY: Appropriates funds to support the state’s continued response to the August 2023 wildfires that affected the counties of Hawaiʻi and Maui. Declares that the appropriation exceeds the state general fund expenditure ceiling for fiscal year 2024-2025.

    Gov. Josh Green's Veto Rationale: While the bill appropriates necessary funds to assist with Maui wildfire recovery, the bill inadvertently zeroes out funding for affordable housing. This bill, if enacted, would delay the construction of affordable housing units for Hawaiʻi’s residents. Alongside recovery efforts, housing remains a key priority for the Green Administration, and the administration will fully support all appropriations in this bill by transferring funds to the major disaster fund. The Budget Bill has sufficient appropriations to support all the wildfire recovery efforts detailed in this bill and the funds will be redirected to fund Maui recovery needs upon signing the Budget Bill.
SB3153: RELATING TO THE DAM AND APPURTENANCE IMPROVEMENT OR REMOVAL GRANT PROGRAM: Establishes the Dam and Appurtenance Improvement or Removal Grant Program Special Fund to receive moneys for the Dam and Appurtenance Improvement or Removal Grant Program. Appropriates funds into and out of the Special Fund for the Dam and Appurtenance Improvement or Removal Grant Program.
    Gov. Josh Green's Veto Rationale: Reducing the risk of dam failure requires rigid enforcement of dam safety standards. A robust framework for the management of dam and appurtenance improvements and removals requires careful consideration of a potential program’s long-term cost. The administration is evaluating the financial viability of this program as it supports private dam owners with their state compliance efforts.

HB1640: RELATING TO COLLECTIVE BARGAINING:Requires the employer to initiate negotiations on the repricing of classes within a bargaining unit within 30 days of its receipt of the exclusive representative’s written request to negotiate. Establishes that an impasse exists and impasse procedures shall apply if an employer fails to initiate the negotiation within the required time frame and the parties fail to reach an agreement within 150 days of the exclusive representative’s written request to negotiate, or by January 31 of a year in which the collective bargaining agreement is due to expire, whichever is earlier. Sunsets 6/30/2029.
    Gov. Josh Green's Veto Rationale: This bill would greatly impact the state’s and counties’ ability to uphold an objective, equitable pay system and would place undue stress on chronically understaffed human resources teams across state and county governments. Existing law already provides for negotiations to reprice classes during master collective bargaining agreement negotiations.

HB1763: RELATING TO HOUSING: Prohibits the Hawaiʻi Housing Finance & Development Corporation (HHFDC) from forgiving any loan made from the Rental Housing Revolving Fund (RHRF) unless the Corporation forecloses on the project. Amends the permitted uses of and priority for which moneys in the RHRF are to be used. Repeals the authorization to use RHRF to provide grants. Requires the HHFDC to submit a report to the Legislature on plans to revolve funds back into the RHRF. Applies to RHRF applications submitted after 6/30/2024.
    Gov. Josh Green's Veto Rationale: The RHRF is a critical tool for financing the development, construction, acquisition, preservation, and substantial rehabilitation of rental housing units for affordable housing. However, there are unresolved concerns regarding the impact of this legislation on affordable housing construction. Proposed amendments to permitted uses of the RHRF could impact the ability of financed projects to self-finance any necessary improvements in the future.
HB1936: RELATING TO HARBOR SAFETY: Mandates that the Department of Transportation require the securing of mooring lines from vessels to commercial docks, wharves, piers, quays, and landings to be performed by labor subject to collective bargaining. Sunsets 7/1/2028.
Gov. Josh Green's Veto Rationale: This legislation could increase shipping costs across Hawai‘i for transported goods, which could be passed onto consumers. Given that Hawaiʻi already has a high cost of living, this bill will further increase costs and place an undue burden on Hawaiʻi’s economically stressed residents.

HB2359: RELATING TO THE HAWAIʻI BROADBAND AND DIGITAL EQUITY OFFICE: Establishes the Digital Equity Grant Program to award grants to applicants to deploy digital equity projects to covered populations in the state.
    Gov. Josh Green's Veto Rationale: While the State Digital Equity Plan is a roadmap for achieving a digital equity baseline across the islands, this bill would inhibit the development of small-scale, community-based networks in historically disadvantaged communities in Hawai‘i. As a matter of fairness, providers, regardless of size, should be permitted to participate in the Digital Equity Grant Program.
HB2526: RELATING TO MOTOR VEHICLES: Increases the penalty for a third or subsequent offense involving the unauthorized driving or operation of motor vehicles to a class C felony. Authorizes the court, as part of the person’s sentencing for the third or subsequent offense, to order that the vehicle used by the person in the commission of the offense be subject to forfeiture. Takes effect 7/1/2024.
    Gov. Josh Green's Veto Rationale: This bill will increase the caseloads for prosecutors, law enforcement, the Judiciary, the Office of the Public Defender, and the Department of Corrections and Rehabilitation without providing additional funding for enforcement. Implementation costs pose a feasibility issue with enacting this bill.

 
HB2581: RELATING TO EMERGENCY MANAGEMENT: Removes the ability of the Governor or a mayor to suspend electronic media transmission during a state of emergency or local state of emergency, respectively.
    Gov. Josh Green's Veto Rationale: The Governor is a strong proponent of the First Amendment, and understands that during an emergency, communication must be timely, accurate, and well-coordinated. However, we must still guard against acts of extreme violence or acts of terrorism which can use social media or other electronic media to communicate and activate crowds or destructive devices. This power to suspend electronic media transmissions is subject to federal law and the Governor and the mayors of every county in the state of Hawai‘i carefully weigh the power to suspend electronic media transmissions. As this bill has had prior versions last session with alternative language that more properly balances the needs for communication balanced against the need for protection, the Governor would prefer that a bill be worked on again looking at that more balanced approach.
SB572: RELATING TO AGRICULTURE: Authorizes and specifies conditions under which the Department of Agriculture may declare a biosecurity emergency, during which the Department and Governor may take certain actions to prevent the establishment or spread of pests and prohibited or restricted organisms. Broadens the objectives and general actions of the Biosecurity Program.
    Gov. Josh Green's Veto Rationale: Unlike the majority of the United States, the overwhelming majority of Hawaiʻi’s commercial goods move through the state’s harbors. Such goods include consumer goods, motor vehicles, construction materials, and fuel. Select sections of this legislation may impede harbor operations and the timely movement of those commercial goods transported through our ports. In effect, the power to requisition ships, as provided in this legislation, will unnecessarily impact the flow of goods that our communities rely on and appears to be an extreme power that could be addressed in a more methodical and limited approach.

SB1511: RELATING TO THE RESEARCH CORPORATION OF THE UNIVERSITY OF HAWAI'I: Clarifies the purpose of the Research Corporation of the University of Hawaiʻi (RCUH) and that its undertakings shall be limited to acts that are reasonably necessary to carry out its purpose. Repeals the requirement that the University of Hawaiʻi contract with the RCUH when the University determines that other various agencies cannot more effectively or efficiently accomplish certain research and training activities. Grandfathers existing RCUH contracts and requires new contracts be subject to new limitations. Limits the scope of the special account the RCUH is authorized to establish. Requires revolving accounts to follow University of Hawaiʻi Administrative Procedure 12.204. Limits internal service orders and revolving accounts of the RCUH that use University intramural funds to certain projects and requires biannual reports to the Legislature.
    Gov. Josh Green's Veto Rationale: In response to Senate Resolution No. 148, Senate Draft 1, of the 2021 Legislative Session, the University of Hawai‘i convened a task force to address the issues outlined in this legislation. This bill is, therefore, not necessary, and will only create confusion about both the role of the RCUH and the University of Hawaiʻi’s ability to foster innovative research opportunities through RCUH, which amount to more than $300 million in the last year alone, with benefits to the state’s economy and communities.

Gov. Josh Green's Veto Rationale:

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