THE SENATE S.B. NO. 582 THIRTY-SECOND LEGISLATURE, 2023 S.D. 2 STATE OF HAWAII A BILL FOR AN ACT RELATING TO STATE BUDGET. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
THE SENATE S.B. NO. 582
THIRTY-SECOND LEGISLATURE, 2023 S.D. 2
STATE OF HAWAII
THE SENATE
S.B. NO.
582
THIRTY-SECOND LEGISLATURE, 2023
S.D. 2
STATE OF HAWAII
A BILL FOR AN ACT
RELATING TO STATE BUDGET.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
Section 1. This Act is recommended by the governor for immediate passage in accordance with section 9 of article VII of the Hawaii State Constitution. SECTION 2. The legislature finds that the devastating wildfires brought on by winds from Hurricane Dora on August 8, 2023, resulted in one of the worst natural disasters in the State's history. The wildfires caused loss of life, displaced thousands on the island of Maui, and destroyed nearly all of Lahaina. The legislature further finds that to support response and recovery efforts and address immediate 2023 wildfire funding needs, the governor, through the seventh emergency proclamation relating to wildfires, dated September 8, 2023, and executive memorandum no. 23-08, redirected $164,100,000, after adjustments, from selected general fund operating appropriations from Act 164, Session Laws of Hawaii 2023 (Act 164), originally intended for specific purposes and capital improvement projects, to the department of budget and finance. The department of budget and finance subsequently transferred the $164,100,000 to the major disaster fund along with another $30,000,000 that the governor authorized pursuant to section 5 of Act 164. With the existing $5,000,000 major disaster fund appropriation, a total of $199,100,000 has been allocated to the major disaster fund for initial wildfire response and recovery, including the expected State's share of noncongregate housing and debris clean-up costs initially being paid by the Federal Emergency Management Agency (FEMA). These steps provided what was thought to be sufficient funding for the State to address the expected fiscal year 2023-2024 response and recovery expenses as of the beginning of January 2024. The legislature further finds that FEMA executed the contract for debris clean-up costs, and the State executed the contracts for noncongregate housing and related expenses for room and board of wildfire victims displaced from their homes. The State's expenses for noncongregate housing and other expenses, including expenses for individuals impacted by the wildfires who have been classified as not eligible for FEMA assistance, is expected to exceed the amounts previously transferred to the major disaster fund. Because the State executed these contracts, the State is responsible for making payment and will seek reimbursement from FEMA for eligible costs. Issues have recently arisen over what costs are eligible and the timeline in which the State will be reimbursed for eligible costs is currently not clear. The State will require additional funds to cover these immediate expenses in fiscal year 2024-2025. Accordingly, the purpose of this Act is to: (1) Make an emergency appropriation to cover the State's immediate expenses incurred in the Hawaii wildfires disaster response efforts; and (2) Transfer excess balances from non-general fund sources to the general fund to offset the costs to the general fund. SECTION 3. In accordance with section 9 of article VII of the Hawaii State Constitution and sections 37-91 and 37-93, Hawaii Revised Statutes, the legislature has determined that the general fund expenditure ceiling for fiscal year 2023-2024 has already been exceeded by $1,005,342,735 or 9.4 per cent. The appropriations contained in this Act will cause the State general fund expenditure ceiling for fiscal year 2023-2024 to be further exceeded by $ or per cent. This declaration takes into account the additional general fund appropriations authorized for fiscal year 2023-2024 in this Act only. The reasons for exceeding the general fund expenditure ceiling are that: (1) The appropriation made in this Act is necessary to serve the public interest; and (2) The appropriation made in this Act meets the needs addressed by this Act. SECTION 4. The legislature determines that there are amounts in excess of the requirements of the various funds listed in this Act. The director of finance is authorized to transfer the following amounts or so much thereof as may be necessary for fiscal year 2023-2024 from the following funds to the general fund: Account Code - Fund Name Amount in excess of the requirements of the fund as determined by the legislature ($) Amount authorized to be transferred to the general fund by the director of finance ($) Department of Agriculture (AGR) 1 S-303-A-AGRICULTURAL LOAN REVOLVING FUND 2,000,000 2,000,000 2 S-305-A NON-AGRICULTURAL PARK LANDS SPECIAL FUND 45,000 45,000 3 S-310-A AQUACULTURE LOAN RESERVE FUND 408,135 408,135 4 S-315-A-MILK CONTROL SPECIAL FUND 11,881 11,881 5 S-317-A AGRICULTURAL PARKS SPECIAL FUND 45,000 45,000 6 S-320-A-IRRIGATION SYSTEM REVOLVING FUND 87,000 87,000 7 S-322-A INDUSTRIAL HEMP PROGRAM SPECIAL FUND 90,374 90,374 Department of the Attorney General (ATG) 8 S-305-N-DNA REGISTRY SPECIAL FUND 79,996 79,996 9 S-350-N-INTERNET CRIMES AGAINST CHILD SPECIAL FUND 181,386 181,386 Department of Business, Economic Development, and Tourism (BED) 10 S-305-B-ENERGY SECURITY FUND 463,555 463,555 11 S-342-B-STRATEGIC DEVELOPMENT PROGRAMS REVOLVING FUND 5,000,000 5,000,000 12 S-348-B-TOURISM SPECIAL FUND 1,325,891 1,325,891 13 S-361-B-CONVENTION CENTER ENTERPRISE SPECIAL FUND 11,000,000 11,000,000 14 S-376-B-HOUSING FINANCE REVOLVING FUND 2,000,000 2,000,000 Department of Defense (DEF) 15 S-352-G-HAZARD MITIGATION SPECIAL FUND 390,320 390,320 16 S-353-G-RESILIENT HI REVOLVING LOAN FUND 435,622 435,622 Department of Human Services (HMS) 17 S-317-K-GENERAL ASSISTANCE PAYMENTS 901,783 901,783 Department of Human Resources Development (HRD) 18 S-310-P-HUMAN RESOURCES DEVELOPMENT SPECIAL FUND 149,760 149,760 Department of Health (HTH) 19 S-331-H-EARLY INTERVENTION SPECIAL FUND 204,329 204,329 20 S-338-H-VITAL STATISTICS IMPROVEMENT SPECIAL FUND 11,074 11,074 21 T-981-H-STATE HOSPITAL - DONATIONS (NOT IN S/T) 50,407 50,407 Department of Labor and Industrial Relations (LBR) 22 T-904-L-WAGE CLAIM FUND 2,000,000 2,000,000 Department of Land and Natural Resources (LNR) 23 S-302-C-CONSERVATION & RESOURCES ENFORCEMENT 650,858 650,858 24 S-303-C-WATER AND LAND DEVELOPMENT 509,063 509,063 25 S-309-C-BUREAU OF CONVEYANCES SPECIAL FUND 250,000 250,000 26 S-316-C-SPECIAL LAND DEVELOPMENT FUND 1,000,000 1,000,000 27 S-325-C-BEACH RESTORATION SPECIAL FUND 2,166,442 2,166,442 28 S-326-C-WATER RESOURCE MANAGEMENT FUND 65,740 65,740 29 S-342-C-NATURAL AREA RESERVE & WATERSHED MANAGEMENT 174,853 174,853 30 S-349-C-CONSERVATION AND RESOURCES ENFORCEMENT 841,237 841,237 31 S-359-C-OCEAN-BASED RECREATION SPECIAL FUND 2,000,000 2,000,000 Department of Transportation (TRN) 32 S-318-D-SAFE ROUTES TO SCHOOL PROGRAM 1,814,826 1,814,826 33 S-329-D-MOTORCYCLE/MOTOR SCOOTER OPERATORS EDUCATIONAL FUND 723,725 723,725 SECTION 5. 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 2023-2024 for expenses related to noncongregate housing and other costs relating to the provision of food, housing, or other assistance for individuals affected by the Hawaii wildfires disaster that began on August 8, 2023; provided that all moneys that are unencumbered as of June 30, 2026, shall lapse as of that date; provided further that any law to the contrary notwithstanding, the governor may authorize the transfer of these funds to the major disaster fund established by section 127A-16, Hawaii Revised Statutes. The sum appropriated shall be expended by the department of budget and finance, departmental administration and budget division (BUF101) for the purposes of this Act. SECTION 6. This Act shall take effect on July 1, 2050.
Section 1. This Act is recommended by the governor for immediate passage in accordance with section 9 of article VII of the Hawaii State Constitution.
SECTION 2. The legislature finds that the devastating wildfires brought on by winds from Hurricane Dora on August 8, 2023, resulted in one of the worst natural disasters in the State's history. The wildfires caused loss of life, displaced thousands on the island of Maui, and destroyed nearly all of Lahaina.
The legislature further finds that to support response and recovery efforts and address immediate 2023 wildfire funding needs, the governor, through the seventh emergency proclamation relating to wildfires, dated September 8, 2023, and executive memorandum no. 23-08, redirected $164,100,000, after adjustments, from selected general fund operating appropriations from Act 164, Session Laws of Hawaii 2023 (Act 164), originally intended for specific purposes and capital improvement projects, to the department of budget and finance. The department of budget and finance subsequently transferred the $164,100,000 to the major disaster fund along with another $30,000,000 that the governor authorized pursuant to section 5 of Act 164. With the existing $5,000,000 major disaster fund appropriation, a total of $199,100,000 has been allocated to the major disaster fund for initial wildfire response and recovery, including the expected State's share of noncongregate housing and debris clean-up costs initially being paid by the Federal Emergency Management Agency (FEMA). These steps provided what was thought to be sufficient funding for the State to address the expected fiscal year 2023-2024 response and recovery expenses as of the beginning of January 2024.
The legislature further finds that FEMA executed the contract for debris clean-up costs, and the State executed the contracts for noncongregate housing and related expenses for room and board of wildfire victims displaced from their homes. The State's expenses for noncongregate housing and other expenses, including expenses for individuals impacted by the wildfires who have been classified as not eligible for FEMA assistance, is expected to exceed the amounts previously transferred to the major disaster fund. Because the State executed these contracts, the State is responsible for making payment and will seek reimbursement from FEMA for eligible costs. Issues have recently arisen over what costs are eligible and the timeline in which the State will be reimbursed for eligible costs is currently not clear. The State will require additional funds to cover these immediate expenses in fiscal year 2024-2025.
Accordingly, the purpose of this Act is to:
(1) Make an emergency appropriation to cover the State's immediate expenses incurred in the Hawaii wildfires disaster response efforts; and
(2) Transfer excess balances from non-general fund sources to the general fund to offset the costs to the general fund.
SECTION 3. In accordance with section 9 of article VII of the Hawaii State Constitution and sections 37-91 and 37-93, Hawaii Revised Statutes, the legislature has determined that the general fund expenditure ceiling for fiscal year 2023-2024 has already been exceeded by $1,005,342,735 or 9.4 per cent. The appropriations contained in this Act will cause the State general fund expenditure ceiling for fiscal year 2023-2024 to be further exceeded by $ or per cent. This declaration takes into account the additional general fund appropriations authorized for fiscal year 2023-2024 in this Act only. The reasons for exceeding the general fund expenditure ceiling are that:
(1) The appropriation made in this Act is necessary to serve the public interest; and
(2) The appropriation made in this Act meets the needs addressed by this Act.
SECTION 4. The legislature determines that there are amounts in excess of the requirements of the various funds listed in this Act. The director of finance is authorized to transfer the following amounts or so much thereof as may be necessary for fiscal year 2023-2024 from the following funds to the general fund:
Account Code - Fund Name Amount in excess of the requirements of the fund as determined by the legislature ($) Amount authorized to be transferred to the general fund by the director of finance ($)
Department of Agriculture (AGR)
1 S-303-A-AGRICULTURAL LOAN REVOLVING FUND 2,000,000 2,000,000
2 S-305-A NON-AGRICULTURAL PARK LANDS SPECIAL FUND 45,000 45,000
3 S-310-A AQUACULTURE LOAN RESERVE FUND 408,135 408,135
4 S-315-A-MILK CONTROL SPECIAL FUND 11,881 11,881
5 S-317-A AGRICULTURAL PARKS SPECIAL FUND 45,000 45,000
6 S-320-A-IRRIGATION SYSTEM REVOLVING FUND 87,000 87,000
7 S-322-A INDUSTRIAL HEMP PROGRAM SPECIAL FUND 90,374 90,374
Department of the Attorney General (ATG)
8 S-305-N-DNA REGISTRY SPECIAL FUND 79,996 79,996
9 S-350-N-INTERNET CRIMES AGAINST CHILD SPECIAL FUND 181,386 181,386
Department of Business, Economic Development, and Tourism (BED)
10 S-305-B-ENERGY SECURITY FUND 463,555 463,555
11 S-342-B-STRATEGIC DEVELOPMENT PROGRAMS REVOLVING FUND 5,000,000 5,000,000
12 S-348-B-TOURISM SPECIAL FUND 1,325,891 1,325,891
13 S-361-B-CONVENTION CENTER ENTERPRISE SPECIAL FUND 11,000,000 11,000,000
14 S-376-B-HOUSING FINANCE REVOLVING FUND 2,000,000 2,000,000
Department of Defense (DEF)
15 S-352-G-HAZARD MITIGATION SPECIAL FUND 390,320 390,320
16 S-353-G-RESILIENT HI REVOLVING LOAN FUND 435,622 435,622
Department of Human Services (HMS)
17 S-317-K-GENERAL ASSISTANCE PAYMENTS 901,783 901,783
Department of Human Resources Development (HRD)
18 S-310-P-HUMAN RESOURCES DEVELOPMENT SPECIAL FUND 149,760 149,760
Department of Health (HTH)
19 S-331-H-EARLY INTERVENTION SPECIAL FUND 204,329 204,329
20 S-338-H-VITAL STATISTICS IMPROVEMENT SPECIAL FUND 11,074 11,074
21 T-981-H-STATE HOSPITAL - DONATIONS (NOT IN S/T) 50,407 50,407
Department of Labor and Industrial Relations (LBR)
22 T-904-L-WAGE CLAIM FUND 2,000,000 2,000,000
Department of Land and Natural Resources (LNR)
23 S-302-C-CONSERVATION & RESOURCES ENFORCEMENT 650,858 650,858
24 S-303-C-WATER AND LAND DEVELOPMENT 509,063 509,063
25 S-309-C-BUREAU OF CONVEYANCES SPECIAL FUND 250,000 250,000
26 S-316-C-SPECIAL LAND DEVELOPMENT FUND 1,000,000 1,000,000
27 S-325-C-BEACH RESTORATION SPECIAL FUND 2,166,442 2,166,442
28 S-326-C-WATER RESOURCE MANAGEMENT FUND 65,740 65,740
29 S-342-C-NATURAL AREA RESERVE & WATERSHED MANAGEMENT 174,853 174,853
30 S-349-C-CONSERVATION AND RESOURCES ENFORCEMENT 841,237 841,237
31 S-359-C-OCEAN-BASED RECREATION SPECIAL FUND 2,000,000 2,000,000
Department of Transportation (TRN)
32 S-318-D-SAFE ROUTES TO SCHOOL PROGRAM 1,814,826 1,814,826
33 S-329-D-MOTORCYCLE/MOTOR SCOOTER OPERATORS EDUCATIONAL FUND 723,725 723,725
Account Code - Fund Name
Amount in excess of the requirements of the fund as determined by the legislature ($)
Amount authorized to be transferred to the general fund by the director of finance ($)
Department of Agriculture (AGR)
1
S-303-A-AGRICULTURAL LOAN REVOLVING FUND
2,000,000
2,000,000
2
S-305-A NON-AGRICULTURAL PARK LANDS SPECIAL FUND
45,000
45,000
3
S-310-A AQUACULTURE LOAN RESERVE FUND
408,135
408,135
4
S-315-A-MILK CONTROL SPECIAL FUND
11,881
11,881
5
S-317-A AGRICULTURAL PARKS SPECIAL FUND
45,000
45,000
6
S-320-A-IRRIGATION SYSTEM REVOLVING FUND
87,000
87,000
7
S-322-A INDUSTRIAL HEMP PROGRAM SPECIAL FUND
90,374
90,374
Department of the Attorney General (ATG)
8
S-305-N-DNA REGISTRY SPECIAL FUND
79,996
79,996
9
S-350-N-INTERNET CRIMES AGAINST CHILD SPECIAL FUND
181,386
181,386
Department of Business, Economic Development, and Tourism (BED)
10
S-305-B-ENERGY SECURITY FUND
463,555
463,555
11
S-342-B-STRATEGIC DEVELOPMENT PROGRAMS REVOLVING FUND
5,000,000
5,000,000
12
S-348-B-TOURISM SPECIAL FUND
1,325,891
1,325,891
13
S-361-B-CONVENTION CENTER ENTERPRISE SPECIAL FUND
11,000,000
11,000,000
14
S-376-B-HOUSING FINANCE REVOLVING FUND
2,000,000
2,000,000
Department of Defense (DEF)
15
S-352-G-HAZARD MITIGATION SPECIAL FUND
390,320
390,320
16
S-353-G-RESILIENT HI REVOLVING LOAN FUND
435,622
435,622
Department of Human Services (HMS)
17
S-317-K-GENERAL ASSISTANCE PAYMENTS
901,783
901,783
Department of Human Resources Development (HRD)
18
S-310-P-HUMAN RESOURCES DEVELOPMENT SPECIAL FUND
149,760
149,760
Department of Health (HTH)
19
S-331-H-EARLY INTERVENTION SPECIAL FUND
204,329
204,329
20
S-338-H-VITAL STATISTICS IMPROVEMENT SPECIAL FUND
11,074
11,074
21
T-981-H-STATE HOSPITAL - DONATIONS (NOT IN S/T)
50,407
50,407
Department of Labor and Industrial Relations (LBR)
22
T-904-L-WAGE CLAIM FUND
2,000,000
2,000,000
Department of Land and Natural Resources (LNR)
23
S-302-C-CONSERVATION & RESOURCES ENFORCEMENT
650,858
650,858
24
S-303-C-WATER AND LAND DEVELOPMENT
509,063
509,063
25
S-309-C-BUREAU OF CONVEYANCES SPECIAL FUND
250,000
250,000
26
S-316-C-SPECIAL LAND DEVELOPMENT FUND
1,000,000
1,000,000
27
S-325-C-BEACH RESTORATION SPECIAL FUND
2,166,442
2,166,442
28
S-326-C-WATER RESOURCE MANAGEMENT FUND
65,740
65,740
29
S-342-C-NATURAL AREA RESERVE & WATERSHED MANAGEMENT
174,853
174,853
30
S-349-C-CONSERVATION AND RESOURCES ENFORCEMENT
841,237
841,237
31
S-359-C-OCEAN-BASED RECREATION SPECIAL FUND
2,000,000
2,000,000
Department of Transportation (TRN)
32
S-318-D-SAFE ROUTES TO SCHOOL PROGRAM
1,814,826
1,814,826
33
S-329-D-MOTORCYCLE/MOTOR SCOOTER OPERATORS EDUCATIONAL FUND
723,725
723,725
SECTION 5. 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 2023-2024 for expenses related to noncongregate housing and other costs relating to the provision of food, housing, or other assistance for individuals affected by the Hawaii wildfires disaster that began on August 8, 2023; provided that all moneys that are unencumbered as of June 30, 2026, shall lapse as of that date; provided further that any law to the contrary notwithstanding, the governor may authorize the transfer of these funds to the major disaster fund established by section 127A-16, Hawaii Revised Statutes.
The sum appropriated shall be expended by the department of budget and finance, departmental administration and budget division (BUF101) for the purposes of this Act.
SECTION 6. This Act shall take effect on July 1, 2050.
Report Title: Wildfires; General Fund Expenditure Ceiling Exceeded; Emergency Appropriation Description: Transfers to the general fund the excess balances of various non-general funds from various state departments and agencies. Appropriates funds to support the State's response to the August 2023 wildfires that affected the county of Maui. Declares that the general fund expenditure ceiling is exceeded. Effective 7/1/2050. (SD2) The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
Report Title:
Wildfires; General Fund Expenditure Ceiling Exceeded; Emergency Appropriation
Description:
Transfers to the general fund the excess balances of various non-general funds from various state departments and agencies. Appropriates funds to support the State's response to the August 2023 wildfires that affected the county of Maui. Declares that the general fund expenditure ceiling is exceeded. Effective 7/1/2050. (SD2)
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.