Bill Text: HI SB294 | 2010 | Regular Session | Amended
Bill Title: State Departments; DBEDT
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Engrossed - Dead) 2009-05-11 - Carried over to 2010 Regular Session. [SB294 Detail]
Download: Hawaii-2010-SB294-Amended.html
Report Title:
State Departments; DBEDT
Description:
Transfers the special advisor for tourism and the natural energy laboratory of Hawaii authority from the department of business, economic tourism, and development. Establishes a renewable energy branch in the department of business, economic development, and tourism. Appropriates funds for the Hawaii Clean Energy Initiative. Takes effect July 1, 2020. (SB294 HD1)
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THE SENATE |
S.B. NO. |
294 |
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TWENTY-FIFTH LEGISLATURE, 2009 |
S.D. 2 |
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STATE OF HAWAII |
H.D. 1 |
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A BILL FOR AN ACT
relating to state departments.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The purpose of this Act is to:
(1) Transfer the special advisor for tourism to the office of the governor from the department of business, economic development, and tourism;
(2) Transfer the natural energy laboratory of Hawaii authority to the department of accounting and general services from the department of business, economic development, and tourism;
(3) Provide funding for the Hawaii clean energy initiative; and
(4) Establish a renewable energy branch in the department of business, economic development, and tourism.
PART I
SPECIAL ADVISOR FOR TOURISM
TRANSFER TO OFFICE OF THE GOVERNOR
SECTION 2. The purpose of this part is to transfer the position of special advisor for tourism from the department of business, economic development, and tourism to the office of the governor.
SECTION 3. Chapter 27, Hawaii Revised Statutes, is amended by adding a new part to be appropriately designated and to read as follows:
"PART . TOURISM
§27- Special advisor for tourism. (a) There is established within the office of the governor a special advisor for tourism who shall be appointed by the governor without regard to section 26-34. The special advisor shall not be subject to chapters 76 and 89.
(b) The special advisor shall serve as the liaison between the governor and the Hawaii tourism authority, department of business, economic development, and tourism, and other public and private parties on matters relating to tourism."
PART II
NATURAL ENERGY LABORATORY OF HAWAII AUTHORITY
TRANSFER TO DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES
SECTION 4. The purpose of this part is to effectuate the transfer of the natural energy laboratory of Hawaii authority, with its statutory duties, from the department of business, economic development, and tourism to the department of accounting and general services.
SECTION 5. Section 227D-2, Hawaii Revised Statutes, is amended by amending subsections (a) and (b) to read as follows:
"(a) There is established the natural
energy laboratory of Hawaii authority, which shall be a body corporate and
politic and an instrumentality and agency of the State. The authority shall be
placed within the [department of business, economic development, and tourism]
department of accounting and general services for administrative
purposes[, pursuant to section 26-35]. The purpose of the natural
energy laboratory of Hawaii authority shall be to facilitate research,
development, and commercialization of natural energy resources and
ocean-related research, technology, and industry in Hawaii and to engage in
retail, commercial, or tourism activities that will financially support that
research, development, and commercialization at a research and technology park
in Hawaii. Its duties shall include:
(1) Establishing, managing, and operating facilities that provide sites for:
(A) Research and development;
(B) Commercial projects and businesses [utilizing]
using natural resources, such as ocean water or geothermal energy;
(C) Compatible businesses engaged in scientific and technological investigations, or retail, commercial, and tourism activities; and
(D) Businesses or educational facilities that support the primary projects and activities;
(2) Providing support, utilities, and other services to facility tenants and government agencies;
(3) Maintaining the physical structure of the facilities;
(4) Promoting and marketing these facilities;
(5) Promoting and marketing the reasonable [utilization]
use of available natural resources;
(6) Supporting ocean research and technology development projects that support national and state interests, use facilities and infrastructure in Hawaii, and foster potential commercial development; and
(7) Engaging in retail, commercial, and tourism activities that are not related to facilitating research, development, and commercialization of natural energy resources in Hawaii; provided that all income derived from these activities shall be deposited in the natural energy laboratory of Hawaii authority special fund.
(b) The governing body of the authority shall
consist of a board of directors having eleven voting members. Three members
from the general public shall be appointed by the governor for staggered terms
pursuant to section 26-34, except that one of these members shall be a resident
of the county of Hawaii. The members shall be selected on the basis of their
knowledge, interest, and proven expertise in[, but not limited to,] one
or more of the following fields: finance, commerce and trade, corporate
management, marketing, economics, engineering, energy management, real estate
development, property management, aquaculture, and ocean science. The
chairperson and secretary of the research advisory committee shall serve on the
board. The [director of business, economic development, and tourism,] comptroller,
the chairperson of the board of land and natural resources, the president of
the University of Hawaii, the mayor of the county of Hawaii, an appointed
member from the board of the high technology development corporation, and an
appointed member from the board of the Hawaii strategic development
corporation, or their designated representatives, shall serve as ex officio,
voting members of the board. The [director of business, economic
development, and tourism] comptroller shall serve as the chairperson
until such time as a chairperson is elected by the board from the membership.
The board shall elect other officers as it deems necessary."
PART III
CONFORMING AMENDMENTS FOR
DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT, AND TOURISM
SECTION 6. The purpose of this part is to conform various sections of the Hawaii Revised Statutes to the amendments made under the two previous parts.
SECTION 7. Section 26-18, Hawaii Revised Statutes, is amended to read as follows:
"§26-18 Department of business, economic development, and tourism. (a) The department of business, economic development, and tourism shall be headed by a single executive to be known as the director of business, economic development, and tourism.
The department shall undertake statewide business and economic development activities, undertake energy development and management, provide economic research and analysis, plan for the use of Hawaii's ocean resources, and encourage the development and promotion of industry and international commerce through programs established by law.
(b) The following are placed in the department
of business, economic development, and tourism for administrative purposes as
defined by section 26-35: Aloha Tower development corporation, Hawaii
community development authority, Hawaii housing finance and development
corporation, high technology development corporation, land use commission, [natural
energy laboratory of Hawaii authority,] and any other boards and
commissions as shall be provided by law.
The department of business, economic
development, and tourism shall be empowered to establish, modify, or abolish
statistical boundaries for cities, towns, or villages in the [State] state
and shall publish, as expeditiously as possible, an up-to-date list of cities,
towns, and villages after changes to statistical boundaries have been made."
PART IV
TRANSITION PROVISIONS
SECTION 8. (a) All rights, powers, functions, and duties of the agencies, divisions, or programs transferred under parts I and II are transferred to the successor agencies as provided under those parts.
(b) All officers and employees whose functions are transferred by parts I and II of this Act shall be transferred with their functions and shall continue to perform their regular duties upon their transfer, subject to state personnel laws and this Act; provided that an officer or employee whose position is no longer authorized under the General Appropriations Act of 2009 shall not be transferred.
(c) No officer or employee who has tenure and has been transferred pursuant to subsection (b) shall suffer any loss of salary, seniority, prior service credit, vacation, sick leave, or other employee benefit or privilege as a consequence of this Act.
(d) If a position held by an officer or employee having tenure is no longer authorized under the General Appropriations Act of 2009, the movement of an officer or employee to another position shall be subject to the appropriate collective bargaining agreement.
SECTION 9. All rules, policies, procedures, guidelines, and other material adopted or developed by an agency, division, or program transferred under parts I and II shall be transferred to the successor agency and shall remain in full force and effect until amended or repealed by the successor agency.
SECTION 10. All records, equipment, machines, files, supplies, contracts, books, papers, documents, maps, and other personal property heretofore made, used, or acquired or held by an agency, division, or program transferred under parts I and II of this Act shall be transferred to the successor agency.
SECTION 11. Parts I and II of this Act shall not affect the membership or term of any appointed member of a board or other policy-making or advisory body transferred under those parts. Such a member shall continue to serve on the board or other body for the member's term without necessity of reappointment.
SECTION 12. The legislative reference bureau shall conduct a review of parts I and II of this Act and make recommendations to move chapters affected by those parts to the appropriate titles of the Hawaii Revised Statutes. The legislative reference bureau shall submit its findings and recommendations, accompanied by proposed legislation, to the legislature by January 1, 2010.
PART V
HAWAII CLEAN ENERGY INITIATIVE
SECTION 13. There is appropriated out of the general revenues of the State of Hawaii the sum of $393,518 or so much thereof as may be necessary for fiscal year 2009-2010 and the same sum or so much thereof as may be necessary for fiscal year 2010-2011 to provide for seven positions for and otherwise support the Hawaii clean energy initiative of the department of business, economic development, and tourism.
The sums appropriated shall be expended by the department of business, economic development, and tourism for the purposes of this section.
PART VI
RENEWABLE ENERGY
SECTION 14. The purpose of this part is to support the renewable energy industry in Hawaii by:
(1) Establishing a renewable energy branch in the department of business, economic development, and tourism to coordinate and promote renewable energy initiatives;
(2) Strengthening laws supporting energy diversification, long-term provision of dependable energy services, and use of diverse energy technologies; and
(3) Providing adequate resources to support the renewable energy industry, and for comprehensive energy planning, in the department of business, economic development, and tourism.
SECTION 15. Chapter 201, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:
"§201- Renewable energy branch; establishment. (a) There is established a renewable energy branch within the department.
(b) Branch functions shall include:
(1) Renewable energy resource assessments, technical analyses, and resource development functions, including design, management, and completion of systematic analysis of existing and proposed energy resource programs;
(2) Evaluation of analyses conducted by government agencies and other organizations;
(3) Development and management of programs to encourage public and private exploration, research, and commercial development of renewable energy resources;
(4) Project facilitation functions, including the development and implementation of programs to facilitate the efficient permitting of renewable energy projects;
(5) Renewable energy partnership and outreach functions, including participation in renewable and sustainable energy evaluation and demonstration projects, outreach, and other activities to promote technically, economically, and environmentally feasible technologies and projects;
(6) Renewable energy resource, technology, and project viability consultant functions, including serving as a consultant to the governor, public agencies, and private industry on matters related to the use of Hawaii's renewable energy resources; and
(7) Research, reporting, implementation, and support of renewable and transportation energy related laws."
SECTION 16. Section 196-4, Hawaii Revised Statutes, is amended to read as follows:
"§196-4 Powers and duties. Subject to the approval of the governor, the coordinator shall:
(1) Formulate plans, including objectives, criteria to measure accomplishment of objectives, programs through which the objectives are to be attained, and financial requirements for the optimum development of Hawaii's energy resources;
(2) Conduct systematic analysis of existing and
proposed energy resource programs, evaluate the analysis conducted by
government agencies and other organizations and recommend [to the governor
and to the legislature] programs [which] that represent the
most effective allocation of resources for the development of energy sources;
(3) Formulate and recommend specific proposals, as
necessary, for conserving energy and fuel, including the allocation and
distribution thereof[, to the governor and to the legislature];
(4) Assist public and private agencies in implementing energy conservation and efficiency programs, the development of indigenous energy resources, and related measures;
(5) Coordinate the State's energy [conservation
and allocation] programs with [that] those of the federal
government, other state governments, governments of nations with interest in
common energy resources, and the political subdivisions of the State;
(6) Develop programs to encourage private and public
exploration [and], research, and development of [alternative]
indigenous energy resources [which] that will benefit the
State;
(7) Conduct public education programs to inform the public of the energy situation as may exist from time to time and of the government actions taken thereto;
(8) Serve as consultant to the governor, public
agencies, and private industry on energy-related matters [related
to the acquisition, utilization and conservation of energy resources];
(9) Contract for services when required for implementation of this chapter;
(10) Review proposed state actions [which] that
the coordinator finds to have significant effect on [energy consumption]
the State's energy objectives and report to the governor their effect on
the energy [conservation] program, and perform [such] other services
as may be required by the governor and the legislature;
(11) Prepare and submit an annual report and [such]
other reports as may be requested to the governor and to the legislature on the
implementation of this chapter and all matters related to energy resources; [and]
(12) Formulate a systematic process, including the development of requirements, to identify geographic areas that are rich with renewable energy resource potential that can be developed in a cost-effective and environmentally benign manner and designate these areas as renewable energy zones;
(13) Develop and recommend incentives, plans, and programs to encourage the development of renewable energy resource projects within the renewable energy zones;
(14) Assist public and private agencies in identifying utility transmission projects or infrastructure required to accommodate and facilitate the development of renewable energy resources;
(15) Assist public and private agencies, in coordination with the department of budget and finance, in accessing the use of special purpose revenue bonds to finance the engineering, design, and construction of transmission projects and infrastructure that are deemed critical to the development of renewable energy resources;
(16) Develop the criteria or requirements for identifying and qualifying specific transmission projects and infrastructure that are critical to the development of renewable energy resources, including providing assistance in accessing the use of special purpose revenue bonds to finance the projects or infrastructure; and
[(12)] (17) Adopt rules for the
administration of this chapter pursuant to chapter 91[, provided that the
rules shall be submitted to the legislature for review]."
SECTION 17. Section 226-18, Hawaii Revised Statutes, is amended to read as follows:
"§226-18 Objectives and policies for facility systems--energy. (a) Planning for the State's facility systems with regard to energy shall be directed toward the achievement of the following objectives, giving due consideration to all:
(1) Dependable, efficient, and economical statewide energy systems capable of supporting the needs of the people;
(2) Increased energy self-sufficiency where the ratio of indigenous to imported energy use is increased;
(3) Greater energy security and diversification in the face of threats to Hawaii's energy supplies and systems; and
(4) Reduction, avoidance, or sequestration of greenhouse gas emissions from energy supply and use.
(b) To achieve the energy objectives, it shall be the policy of this State to ensure the short- and long-term provision of adequate, reasonably priced, and dependable energy services to accommodate demand.
(c) To further achieve the energy objectives, it shall be the policy of this State to:
(1) Support research and development as well as promote the use of renewable energy sources;
(2) Ensure that the combination of energy supplies and energy-saving systems is sufficient to support the demands of growth;
(3) Base decisions of least-cost supply-side and demand-side energy resource options on a comparison of their total costs and benefits when a least-cost is determined by a reasonably comprehensive, quantitative, and qualitative accounting of their long-term, direct and indirect economic, environmental, social, cultural, and public health costs and benefits;
(4) Promote all cost-effective conservation of power and fuel supplies through measures, including:
(A) Development of cost-effective demand-side management programs;
(B) Education; and
(C) Adoption of energy-efficient practices and technologies;
(5) Ensure, to the extent that new supply-side resources are needed, that the development or expansion of energy systems uses the least-cost energy supply option and maximizes efficient technologies;
(6) Support research, development, [and]
demonstration, and use of energy efficiency, load management, and other
demand-side management programs, practices, and technologies;
(7) Promote alternate fuels and transportation
energy efficiency [by encouraging diversification of transportation modes
and infrastructure];
(8) Support actions that reduce, avoid, or sequester greenhouse gases in utility, transportation, and industrial sector applications;
(9) Support actions that reduce, avoid, or sequester Hawaii's greenhouse gas emissions through agriculture and forestry initiatives; and
(10) Provide priority handling and processing for all state and county permits required for renewable energy projects."
SECTION 18. Subject to the availability of federal funding for energy programs provided by grants, and subject to the constraints, oversight, and reporting requirements of those federal programs, the governor is hereby authorized to establish positions necessary to accomplish the management of those projects funded by federal grants; provided that the positions shall be exempt from chapter 76, Hawaii Revised Statutes; and provided further that the governor shall submit a report to the legislature on all positions established as of December 31 and June 30 of each fiscal year that the positions exist and are occupied.
SECTION 19. There are established within the department of business, economic development, and tourism seven full-time temporary positions to support the planning and renewable energy provisions of chapters 196, 201, and 226, Hawaii Revised Statutes. The positions shall be exempt from chapter 76, Hawaii Revised Statutes.
SECTION 20. 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 2009-2010 and the same sum or so much thereof as may be necessary for fiscal year 2010-2011 to be deposited into the energy security special fund.
SECTION 21. There is appropriated out of the energy security special fund the sum of $ or so much thereof as may be necessary for fiscal year 2009-2010 and the same sum or so much thereof as may be necessary for fiscal year 2010-2011 for the seven full-time, temporary positions, established under section 20.
The sums appropriated shall be expended by the department of business, economic development, and tourism for the purposes of this part.
PART VII
MISCELLANEOUS
SECTION 22. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun, before its effective date.
SECTION 23. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 24. This Act shall take effect on July 1, 2020.
