| 47 | | - | PART I. GENERAL PROVISIONS SECTION 1. SHORT TITLE. This Act shall be known and may be cited as the Grant Funding Act of 2023. SECTION 2. The legislature finds and declares that the grants made pursuant to chapter 42F, Hawaii Revised Statutes, under this Act are in the public interest and for the public health, safety, and general welfare. SECTION 3. 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 4. 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 biennium beginning July 1, 2023, and ending June 30, 2025. The total expenditures and the number of positions in each fiscal year of the biennium 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. PROGRAM APPROPRIATIONS APPROPRIATIONS ITEM NO. PROG. ID PROGRAM EXPENDING AGENCY FISCAL YEAR 2023-2024 M O F A. ECONOMIC DEVELOPMENT B. EMPLOYMENT C. TRANSPORTATION FACILITIES D. ENVIRONMENTAL PROTECTION E. HEALTH F. SOCIAL SERVICES G. FORMAL EDUCATION H. CULTURE AND RECREATION I. PUBLIC SAFETY J. INDIVIDUAL RIGHTS K. GOVERNMENT-WIDE SUPPORT PART III. CAPITAL IMPROVEMENT PROJECTS SECTION 5. CAPITAL IMPROVEMENT PROJECTS AUTHORIZED. The sums appropriated or authorized in part II of this Act for capital improvements shall be expended for the projects listed below. Accounting of the appropriations by the department of accounting and general services shall be based on the projects as the projects are listed in this section. Several related or similar projects may be combined into a single project if the combination is advantageous or convenient for implementation; provided that the total cost of the projects thus combined shall not exceed the total of the sum specified for the projects separately. The amount after each cost element and the total funding for each project listed in this part are in thousands of dollars. CAPITAL IMPROVEMENT PROJECTS APPROPRIATIONS (in 000'S) ITEM NO. CAPITAL PROJECT NO. TITLE EXPENDING AGENCY FISCAL YEAR 2023-2024 M O F A. ECONOMIC DEVELOPMENT B. EMPLOYMENT C. TRANSPORTATION FACILITIES D. ENVIRONMENTAL PROTECTION E. HEALTH F. SOCIAL SERVICES G. FORMAL EDUCATION H. CULTURE AND RECREATION I. PUBLIC SAFETY J. INDIVIDUAL RIGHTS K. GOVERNMENT-WIDE SUPPORT PART IV. CAPITAL IMPROVEMENT PROGRAM PROVISIONS SECTION 6. PART V. SPECIAL PROVISIONS SECTION 7. 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 sessions of 2024 and 2025. SECTION 8. 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 2023-2025 that are unencumbered as of June 30, 2026, 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 non-general fund appropriations that are unencumbered as of June 30, 2027, shall lapse as of that date. SECTION 9. 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 10. 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 sessions of 2024 and 2025. SECTION 11. 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 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 12. 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 13. 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 14. 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 sessions of 2024 and 2025. SECTION 15. 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 16. 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 it is determined by the agencies 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 sessions of 2024 and 2025. PART VI. MISCELLANEOUS AND EFFECTIVE DATE SECTION 17. 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 18. If manifest clerical, typographical, or other mechanical errors are found in this Act, the governor may correct the errors. SECTION 19. This Act shall take effect on July 1, 2050. |
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| 47 | + | PART I. GENERAL PROVISIONS SECTION 1. SHORT TITLE. This Act shall be known and may be cited as the Grant Funding Act of 2023. 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 biennium beginning July 1, 2023, and ending June 30, 2025. The total expenditures and the number of positions in each fiscal year of the biennium 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. PROGRAM APPROPRIATIONS APPROPRIATIONS ITEM NO. PROG. ID PROGRAM EXPENDING AGENCY FISCAL YEAR 2023-2024 M O F A. ECONOMIC DEVELOPMENT B. EMPLOYMENT C. TRANSPORTATION FACILITIES D. ENVIRONMENTAL PROTECTION E. HEALTH F. SOCIAL SERVICES G. FORMAL EDUCATION H. CULTURE AND RECREATION I. PUBLIC SAFETY J. INDIVIDUAL RIGHTS K. GOVERNMENT-WIDE SUPPORT PART III. CAPITAL IMPROVEMENT PROJECTS SECTION 4. CAPITAL IMPROVEMENT PROJECTS AUTHORIZED. The sums appropriated or authorized in part II of this Act for capital improvements shall be expended for the projects listed below. Accounting of the appropriations by the department of accounting and general services shall be based on the projects as the projects are listed in this section. Several related or similar projects may be combined into a single project if the combination is advantageous or convenient for implementation; provided that the total cost of the projects thus combined shall not exceed the total of the sum specified for the projects separately. (The amount after each cost element and the total funding for each project listed in this part are in thousands of dollars). CAPITAL IMPROVEMENT PROJECTS APPROPRIATIONS (in 000'S) ITEM NO. CAPITAL PROJECT NO. TITLE EXPENDING AGENCY FISCAL YEAR 2023-2024 M O F A. ECONOMIC DEVELOPMENT B. EMPLOYMENT C. TRANSPORTATION FACILITIES D. ENVIRONMENTAL PROTECTION E. HEALTH F. SOCIAL SERVICES G. FORMAL EDUCATION H. CULTURE AND RECREATION I. PUBLIC SAFETY J. INDIVIDUAL RIGHTS K. GOVERNMENT-WIDE SUPPORT PART IV. CAPITAL IMPROVEMENT PROGRAM PROVISIONS SECTION 5. PART V. SPECIAL PROVISIONS SECTION 6. 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 sessions of 2024 and 2025. SECTION 7. 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 2023-2025 that are unencumbered as of June 30, 2026, 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 and are unencumbered as of June 30, 2027, shall lapse as of that date. SECTION 8. 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 9. 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 sessions of 2024 and 2025. SECTION 10. 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 11. 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 12. 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 13. 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 sessions of 2024 and 2025. SECTION 14. 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 15. 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 it is determined by the agencies 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 sessions of 2024 and 2025. PART VI. MISCELLANEOUS AND EFFECTIVE DATE SECTION 16. 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 17. If manifest clerical, typographical, or other mechanical errors are found in this Act, the governor is hereby authorized to correct the errors. SECTION 18. This Act shall take effect on July 1, 2023. INTRODUCED BY: _____________________________ |
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