Bill Text: HI SB3153 | 2024 | Regular Session | Introduced
Bill Title: Relating To The Dam And Appurtenance Improvement Or Removal Grant Program.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Enrolled) 2024-05-03 - Enrolled to Governor. [SB3153 Detail]
Download: Hawaii-2024-SB3153-Introduced.html
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THE SENATE |
S.B. NO. |
3153 |
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THIRTY-SECOND LEGISLATURE, 2024 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO THE DAM AND APPURTENANCE IMPROVEMENT OR REMOVAL GRANT PROGRAM.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
Act 134, Session Laws
of Hawaii 2023 (Act 134), established and appropriated moneys for a dam and
appurtenance improvement or removal grant program to financially assist owners
of private dams
and appurtenances to keep them properly maintained. Although Act 134 did appropriate out of the
general revenues $10,000,000 as one time seeding for the grant program, it
however did not establish a special fund dedicated to receive grant program
funding. A special fund is a critical
receptacle for grant funds to be deposited into and remain available for the
purposes of Act 134. This is especially
important during the department of land and natural resources' (department)
inaugural creation of the grant program, where administrative rulemaking to
develop procedures and criteria to determine eligibility and priority of
awarding grants would be established.
The department anticipates that the $10,000,000 seed funding
appropriated for the grant program in Act 134 will lapse before the department
can complete its rulemaking and establish its grant application criteria and
processes. Thereafter, without the
creation of the special fund, unused funds for the grant program will lapse and
be returned to the general fund at the close of each fiscal year.
The purpose of this Act is to establish a special fund to receive funds for the the dam and appurtenance improvement or removal grant program and to reappropriate funds for the dam and appurtenance improvement or removal grant program.
SECTION 2. Section 179D-31, Hawaii Revised Statutes, is amended to read as follows:
"[[]§179D-31[]] Dam and appurtenance improvement or removal
grant program[.]; establishment of dam and appurtenance improvement
or removal grant program special fund. (a) There
is established a dam and appurtenance improvement or removal grant program, to
be developed and administered by the department for the improvement or removal
of deficient dams in the State.
(b) The
dam and appurtenance improvement or removal grant program shall provide funding
to owners of private dams for plans, design, construction, and equipment to
improve or remove deficient dams and appurtenances, as determined by the
department.
(c) Each
award shall be approved by the board before disbursement and shall be subject
to conditions imposed by the board.
(d) The
department may award grants based on criteria that shall be developed by the
department. Each applicant shall meet
the following requirements:
(l) The applicant shall be an owner of a high hazard or significant hazard dam or appurtenance that is regulated under this chapter;
(2) The applicant shall be the owner of a regulated dam or appurtenance that has been determined to have one or more deficiencies; provided that priority shall be given to dams or appurtenances rated to be in poor or unsatisfactory condition;
(3) The applicant shall indicate on the application that the proposed plans, design, construction, and equipment shall be intended for remediation or removal of the dam or appurtenance;
(4) If the applicant is an entity other than an individual, the applicant shall:
(A) Be licensed to conduct business in the State; and
(B) Have bylaws or policies that describe the manner in which business is conducted, prohibit nepotism, and provide for the management of potential conflicts of interest;
(5) The applicant shall agree to comply with all applicable federal and state laws prohibiting discrimination against any person on the basis of race, color, national origin, religion, creed, sex, age, sexual orientation, disability, or any other characteristic protected under applicable federal or state law;
(6) The applicant shall agree that grant moneys are not to be used for purposes of entertainment or perquisites;
(7) The applicant shall agree that all activities and improvements undertaken with funds received shall comply with applicable federal, state, and county laws, including statutes, ordinances, applicable building codes, and rules;
(8) The applicant shall agree to make available to the department all records that the applicant may have relating to the grant and allow state agencies to monitor the applicant's compliance with the purpose of this chapter;
(9) The applicant shall establish, to the satisfaction of the department, that sufficient funds are available for the completion of plans, design, and construction, or equipment needed for the purpose for which the grant is awarded; provided that the grant amount shall be included among the calculation of sufficient funds; and
(10) The applicant shall comply with other requirements or conditions as the department or board may prescribe.
(e)
Notwithstanding any provision to the contrary, there is established in
the department a special fund to be designated the dam and appurtenance
improvement or removal grant program special fund. The fund shall be administered by the
department. The following shall be
deposited into the dam and appurtenance improvement or removal grant program
special fund:
(1) Appropriations
by the legislature;
(2) Moneys
derived from public or private sources to benefit dam and appurtenance improvement
or removal;
(3) Any
other moneys collected pursuant to this section or any rules adopted
thereunder; and
(4) Moneys derived from interest, dividends, or other income from other sources.
(f)
The department may expend moneys from the dam and appurtenance
improvement or removal grant program special fund in accordance with this
section and other purposes for the administration of the dam and
appurtenance improvement or removal grant program under this section or any
rule adopted thereunder, including but not limited to funding permanent or
temporary positions."
SECTION 3. There is appropriated out of the general revenues of the State of Hawaii the sum of $10,000,000 or so much thereof as may be necessary for fiscal year 2024—2025 to be deposited into the dam and appurtenance improvement or removal grant program special fund as seed funding for the purposes of the dam and appurtenance improvement or removal grant program established by section 179D-31, Hawaii Revised Statutes.
SECTION 4.
There is appropriated out of the dam and appurtenance improvement or
removal grant program special fund the sum of $10,000,000 or so much thereof as
may be necessary for fiscal year 2024-2025 for the dam and appurtenance
improvement or removal grant program established by section 179D-31, Hawaii
Revised Statutes, as seed funding.
The sum appropriated shall be expended by the department of land and natural resources for the purposes of this Act.
SECTION 5.
Statutory material to be repealed is
bracketed and stricken. New statutory
material is underscored.
SECTION 6. This Act, upon its approval, shall take effect on July 1, 2024.
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INTRODUCED BY: |
_____________________________ |
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BY REQUEST |
Report Title:
Dam and Appurtenances; Special Fund; Appropriation
Description:
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 for the Dam and
Appurtenance Improvement or Removal Grant Program.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
