REQUESTS BY THE HAWAII STATE LEGISLATURE TO AGENCIES AND OFFICIALS OF FEDERAL, STATE AND COUNTY GOVERNMENTS AND QUASI-PUBLIC AND PRIVATE AGENCIES FIRST SPECIAL SESSION OF 2017 AND REGULAR SESSION OF 2018 SHOWING ACTIONS TAKEN AS OF May 10, 2018 LEGISLATIVE REFERENCE BUREAU State Capitol 415 South Beretania Street Honolulu, Hawaii 96813 Compiled by the LRB Systems Office
FOREWORD This publication sets forth all of the requests made by the Hawaii State Legislature during the First Special Session of 2017 and the Regular Session of 2018 to agencies and officials of the federal, state and county governments and of quasi-public and private agencies. These requests are contained in acts enacted by the Legislature or bills passed, but which have yet to be approved by the Governor. These acts or bills include specific requests for submission of information back to the Legislature, excluding annual and other reports requested on an indefinite basis. These requests are also contained in resolutions adopted by the Senate or House of Representatives or by both bodies of the Legislature. Dates by which reports and other responses are expected are indicated when specifically set by the Legislature. The names of the agencies involved in the conduct of a study or the execution of a request are underscored. For the reader's convenience these legislative requests are also grouped together by agencies (see agency index); as well as by subject matter (see subject index). Standard abbreviations used in the text are: SB - Senate Bill SCR - Senate Concurrent Resolution SD - Senate Draft SR - Senate Resolution SSCR - Senate Standing Committee Report HB - House Bill HCR - House Concurrent Resolution HD - House Draft HR - House Resolution HSCR - House Standing Committee Report CD - Conference Draft CCR - Conference Committee Report An asterisk (*) preceding a measure number denotes that there are minor differences between similar measures that are grouped together. The word "filed" appended to certain committee reports denotes that the committee report is separated from the bill. May 2018 Charlotte A. Carter-Yamauchi Director ii
TABLE OF CONTENTS Page FOREWORD... ii FIRST SPECIAL SESSION OF 2017, ACT.. 1 ACTS... 1 SENATE BILLS... 2 HOUSE BILLS... 12 SENATE CONCURRENT RESOLUTIONS... 25 SENATE RESOLUTIONS... 34 HOUSE CONCURRENT RESOLUTIONS... 52 HOUSE RESOLUTIONS... 59 SUBJECT INDEX... 69 AGENCY INDEX... 76 Federal Government... 76 State of Hawaii... 76 Legislative Branch... 76 Executive Branch... 77 Judiciary... 82 Office of Hawaiian Affairs... 82 County Government... 82 Quasi... 85 iii
ACT 1 2017 1SP SB 4 2017 1SP PART III, SECTION 8 MASS TRANSIT SPECIAL FUND ALLOCATION. Requires the Department of Budget and Finance to submit an annual report on the total amount of funds allocated from the special fund, certified by the comptroller in the certification statement to the Legislature no later than twenty days prior to the convening of each Regular Session. PART IV, SECTION 11 HONOLULU AUTHORITY FOR RAPID TRANSPORTATION, AUDIT OF. Requires the Auditor to conduct an audit of the Authority which shall include an examination of the financial records and an analysis of the financial management of the Authority. Further requires the Auditor to report findings and recommendations to the Legislature, State Director of Finance, and the Board of Directors of the Honolulu Authority for Rapid Transit no later than twenty days prior to the convening of the Regular Session of 2019. PART V, SECTION 12 RAPID TRANSIT AUTHORITY REVIEW OF. Requires the Auditor to annually conduct a review of any rapid transportation authority in the State charged with the responsibility of constructing, operating, or maintaining a locally preferred alternative for a mass transit project that receives moneys from a surcharge on state tax, transit accommodations tax, or both, until December 31, 2031. Further requires the Auditor to submit findings and recommendations of the Auditor's review to the Legislature and the rapid transit authority no later than twenty days prior to the convening of the immediately following Regular Session. (SSCR 3, HSCR 3) SB 270, SD1, HD2, CD1 MINORS SEEKING COUNSELING ON SEXUAL ORIENTATION, GENDER IDENTITY, GENDER EXPRESSION. Establishes the sexual orientation counseling task force within the department of health to address the concerns of minors seeking counseling on sexual orientation, gender identity, gender expressions, and related behaviors. Requires the director of health, or the director's designee, to be the chair of the task force and that the task force include: (1) Three members to be selected by the governor; provided that two members shall be from the mental health industry; (2) Two members to be selected by the president of the senate; (3) Two members to be selected by the speaker of the house of representatives; (4) Two members to be selected by the director of health; (5) Two members to be selected by the superintendent of education; and - 1 -
(6) One member to be selected by the attorney general. Requires the task force to submit a report with findings and recommendations, including proposed legislation, to the legislature no later than twenty days prior to the convening of the Regular Session of 2019, that addresses and includes: (1) Current counseling practices in Hawaii and nationwide for minors, including counseling on sexual orientation, gender identity, gender expression, and related behaviors; (2) Studies by nationally accredited institutions or government agencies regarding the availability of counseling for minors on issues regarding sexual orientation, gender identity, gender expression, and related behaviors; (3) An analysis of the availability of minor-initiated counseling on sexual orientation, gender identity, gender expression, and related behaviors; and (4) Proposed legislation to provide accessible and appropriate counseling to minors on issues regarding sexual orientation, gender identity, gender expression, and related behaviors. Task force shall dissolve on June 30, 2019. (SSCR 2550, 1312-18, 1955-18, CCR 156-18) SB 2027, SD2, HD1, CD1 HOMELESS INITIATIVE SERVICES, MASTER CONTRACTOR FOR. Requires the department of human services to procure the services of a master contractor to procure and oversee subcontracts for the provision of coordinated statewide homeless initiative services. Requires the master contractor to: (A) Operate a coalition of agencies providing homeless diversion services for the State by providing short-term financial assistance to households that have entered the eviction process; (B) Coordinate with the coordinated entry system mandated by the United States Department of Housing and Urban Development to provide navigation services and placement of homeless households into permanent housing; (C) At a minimum, provide quarterly reports to the house of representatives and senate committees on housing and human services, respectively. (SSCR 2021, 2856, HSCR 1449-18, 1889-18, CCR 155-18) SB 2297, HD2, CD1 ELECTRICIANS, VOCATIONAL TRAINING TO PERFORM HIGH VOLTAGE ELECTRICAL WORK. Requires the board of electricians and plumbers to submit reports to the legislature no later than twenty days prior to the convening of the Regular Sessions of 2019, 2020, 2021, 2022, and 2023, which shall include: - 2 -
(1) Any programs in the State that offer vocational training for licensed electricians to perform high voltage electrical work; (2) Availability of continuing education, training, or both, necessary for licensed electricians to acquire or keep current those skills related to performing high voltage work; (3) The number of licensed electricians in the State qualified to perform high voltage electrical work; and (4) Opportunities for growth in the high voltage work subspecialty. (SSCR 2304, 2575, HSCR 1166-18, 1432-18, 1754-18, CCR 64-18) SB 2298, SD2, HD3, CD1 HEALTHCARE PRECEPTOR INCOME TAX CREDIT. Requires the department of health to evaluate the efficacy of the healthcare preceptor tax credit and submit a report to the legislature no later than June 30, 2024, which shall include the department's findings and a recommendation of whether the tax credit should be retained without modification, amended, or repealed. (SSCR 2395, 2898, HSCR 1203-18, 1313-18, 1980-18, CCR 49-18) SB 2384, HD1, CD1 DESIGN THINKING AND CODING IN SCHOOL CURRICULUMS. Authorizes the department of education to develop a comprehensive plan to integrate design thinking and coding in middle, intermediate, and high school curriculums. Requires the plan to include implementation dates and benchmarks to show progress of the implementation and that any such plan developed, including any proposed legislation, to be submitted to the Legislature no later than twenty days prior to the convening of the Regular Session of 2019. (SSCR 2096, 2793, HSCR 1277-18, 1818-18, CCR 138-18) PART I SB 2401, SD2, HD1, CD1 HOMELESS, OHANA ZONES PILOT PROGRAM FOR. Establishes the ohana zones pilot program to provide temporary housing and services to homeless individuals and families based on principles similar to the housing first program. Requires the governor to designate executive branch agencies to develop and implement the ohana zones pilot program, including an agency with specific expertise in construction development and an agency with specific expertise in administering homeless services. - 3 -
Requires the governor's coordinator on homelessness to compile and consolidate information from the agencies designated by the governor to effectuate the program and submit reports to the Legislature no later than twenty days prior to the convening of the Regular Sessions of 2019, 2020, and 2021. Requires the report submitted no later than twenty days prior to the convening of the Regular Session of 2019, to include the following information: (1) A summary and explanation of the process that the agencies designated by the governor pursuant to the ohana zones pilot program engaged in to identify possible ohana zone locations; and (2) A summary of the information on: (1) The criteria that the agencies will use to evaluate potential ohana zone locations; (2) A monthly timetable of milestones that the agencies expect to meet in establishing one or more ohana zones over the course of the three-year pilot program; (3) The specific, measurable, attainable, reasonable, and time-based performance measures that the agencies expect to meet at the end of each fiscal year; (4) The evaluation criteria and process that the agencies intend to use each year when reviewing the success and sustainability of the ohana zones; and (5) The monitoring and oversight controls that the agencies will have over the ohana zones to identify, address, and prevent possible fraud, waste, and abuse and ensure compliance with local, state, and federal laws. Requires the reports submitted no later than twenty days prior to the convening of the Regular Sessions of 2020 and 2021 to include: (1) The milestones established that were met by the agencies designated by the governor pursuant to the ohana zones pilot program and ohana zones established during the fiscal year; (2) An evaluation of the ohana zones to determine whether the objectives set have been met or exceeded; (3) Any proposed changes that need to be made to the performance measures used to assess the achievement of program goals; and (4) An assessment of the impact of the ohana zone model on the homelessness problem in Hawaii. Pilot program shall cease to exist on June 30, 2021. PART II HOMELESS, EMERGENCY DEPARTMENT HOMELESSNESS ASSESSMENT PILOT PROGRAM FOR. Establishes the emergency department homelessness assessment pilot program within the department of human services. Requires the department, in consultation with the Hawaii interagency council on homelessness and any other appropriate agency, to serve as the administrator of the pilot program. - 4 -
Requires the pilot program to consist of multidisciplinary teams composed of but not limited to physicians, advanced practice registered nurses, social workers, and patient navigators who are employed by a participating hospital in the participating hospital's emergency department. Requires the multidisciplinary team to: (1) Identify patients who are experiencing homelessness or patients at risk of experiencing homelessness and have high utilization of emergency department services; (2) Assess the patient's current circumstances; and (3) Coordinate and refer these patients to appropriate and available wrap-around supports and community resources along the entire continuum of care with a goal of reducing costs associated with chronic use of hospital emergency departments. Requires the department to work with the participating hospital under pilot program to collect and analyze data to be included in a report that contains a summary and explanation of the data regarding the efficacy of emergency department intervention by the multidisciplinary team in mitigating the number of unnecessary emergency department visits by patients experiencing homelessness or patients at risk of experiencing homelessness. Further requires department to submit a report that contain findings and recommendations, including any proposed legislation, for continuation, modification, or termination of the pilot program to the Legislature no later than twenty days prior to the convening of the Regular Session of 2019. Pilot program shall cease to exist on June 30, 2019. PART III HOMELESS, MEDICAL RESPITE PILOT PROGRAM FOR. Establishes the medical respite pilot program within the department of human services. Requires the department, in consultation with the Hawaii interagency council on homelessness and any appropriate agency, to serve as the administrator of the pilot program. Requires a participating community human services provider, in partnership with a hospital participating in the pilot program, shall provide emergency housing for eligible individuals experiencing homelessness who are discharged from the participating hospital and provide, at minimum, meals, case management, and medical, nursing, and psychiatric care. Requires the department to submit a report to the Legislature of its findings and recommendations, including any proposed legislation, regarding the pilot program no later than twenty days prior to the convening of the Regular Session of 2019. Pilot program shall cease to exist on June 30, 2019. (SSCR 2126, 2853, HSCR 1304-18, 1984-18, CCR 177-18) - 5 -
SB 2488, SD2, HD1, CD1 MEDICAL CANNABIS REIMBURSABLE BY HEALTH INSURANCE. Establishes the medical cannabis insurance reimbursement working group to address the complexities surrounding the topic of making medical cannabis reimbursable by health insurance. Requires the working group to explore options and make recommendations on: (1) Actions taken in other states; (2) Potential parallel reimbursement models for other types of non-prescription therapies; (3) Associated liability issues for health plans; (4) The potential impact on insurance premiums; (5) Insurance riders for alternative therapies, which could serve as a model for medical cannabis reimbursement; and (6) Other relevant issues that may arise, at the discretion of the working group. Requires the working group shall consist of: (1) The chairs of the senate committee on commerce, consumer protection, and health and the house committee on consumer protection and commerce, or their designees, who shall serve as the chairs of the working group; (2) The chair of the house committee on health and human services; (3) A member of the senate who is selected by the president of the senate to serve on the working group; (4) The insurance commissioner; (5) The administrator of the department of human services, med-quest division; (6) One representative each from the following, to serve at the invitation of the chairs of the working group: (A) A mutual benefit society; (B) A health maintenance organization; (C) A medicaid managed care plan; and (D) A licensed medical cannabis dispensary; and (7) Two participants in Hawaii's medical cannabis program, one of whom is a qualifying patient eighteen years of age or older, and one of whom is a parent or legal guardian of a qualifying patient who is under the age of ten. Requests the legislative reference bureau to provide assistance to the working group including research and drafting,. Requires the working group shall provide periodic updates to the legislature and shall make recommendations for any legislative or administrative action the working group deems appropriate to address issues surrounding health insurance reimbursement for medical cannabis and to submit a final report, including recommendations for further action, to the legislature no later than twenty days prior to the convening of the Regular Session of 2019. (SSCR 2483, 2698, HSCR 1263-18, 1753-18, CCR 13-18) - 6 -
SB 2567, SD2, HD2, CD1 CESSPOOL CONVERSION PLAN. Establishes the cesspool conversion working group within the department of health who shall have the following objectives: (1) Develop a long-range, comprehensive plan for cesspool conversion statewide of all cesspools by 2050, to be known as the cesspool conversion plan; (2) Consider and recommend means by which the department of health can ensure that cesspools are converted to more environmentally-responsible waste treatment systems or connected to sewer systems; (3) Identify areas where data is insufficient to determine a priority classification of cesspools for conversion and determine methods and resources needed to collect that data and conduct analysis of those areas; (4) Modify, amend, and develop definitions and criteria for priority upgrade areas, as identified in the Department's report conducted pursuant to Act 125, Session Laws of Hawaii 2017, identify the preferred alternative waste treatment systems or sewerage connections for these priority areas, and consider and make recommendations on whether cesspools in these priority areas should be required to convert sooner than 2050; (5) Examine financing issues and the feasibility of various mechanisms, including grants, loans, tax credits, fees, special assessment districts, requirements for conversion at point of sale, and any other appropriate mechanisms for accomplishing and funding cesspool conversion, or any combination of these mechanisms; (6) Consider owners' ability to pay for cesspool conversions, and, especially how assistance can be provided for lower-income homeowners; (7) Consider the most cost-effective approach to cesspool conversion; (8) Identify physical, practical, and financial impediments that may be encountered by land owners who are required to connect pre-existing cesspools to a sewer system or convert cesspools to an individual waste treatment system and recommend solutions to those impediments; (9) Consider best policies, practices, and laws from other jurisdictions related to cesspool conversions, including but not limited to Rhode Island and New Jersey that have undertaken large efforts to phase-out cesspools in their jurisdictions; (10) Include feedback from each county's community members, wastewater divisions, and boards of water supply; (11) Consider alternative wastewater equipment and technologies appropriate to the various areas where cesspools are located that may better protect the environment at lower or comparable cost and how the equipment or technologies can be incorporated as part of the long-term solution to wastewater treatment issues. These alternatives may include, without limitation, graywater systems, constructed wetlands, and other available technologies; (12) Research and recommend measures to encourage and stimulate research and innovation for new wastewater technologies, including systems that treat waste not only for bacteria but also to remove nutrients and contaminants that impact the environment; (13) Evaluate mandatory versus voluntary participation in the cesspool conversion plan; (14) Consider whether exemptions should be granted for some mandatory conversions based upon geology, topography, soil type, availability of land, or other relevant - 7 -
factors and make recommendations to the department relating to establishing rules for those exemptions; and (15) Consider any other information deemed necessary or appropriate by the department, the cesspool conversion working group, or any third-party consultants. Requires the working group to consist of: (1) The director of health or the director's designee, who shall serve as chairperson; (2) The branch chief of the wastewater branch of the department of health or the branch chief's designee; (3) Four members representing the appropriate wastewater agency from each county appointed by the mayor of the county in which the agency is located; (4) A member representing the wastewater industry, appointed by the president of the senate; (5) A member representing the financial and banking sectors, appointed by the speaker of the house of representatives; (6) A member of the University of Hawaii, Hawaii institute of marine biology appointed by the director of the Hawaii institute of marine biology; (7) A member of the University of Hawaii water resources research center appointed by the director of the water resources research center; (8) A member of the Hawaii Association of REALTORS appointed by the speaker of the house of representatives; (9) A member of the Surfrider Foundation appointed by the president of the senate; (10) One representative appointed by the speaker of the house of representatives; and (11) One senator appointed by the president of the senate. Requires the working group to submit an interim report of its preliminary findings and recommendations, including proposed legislation, to the legislature no later than December 31, 2019, and shall submit a final report, including findings, recommendations, and any proposed legislation, to the legislature no later than twenty days prior to the convening of the Regular Session of 2021. Requires the department of health to provide administrative and clerical support required by the working group. Requires the university of Hawaii water resources research center, in cooperation and consultation with the department of health, to conduct a comprehensive statewide study of sewage contamination in nearshore marine areas, in supplementation to studies and reports conducted by the department of health related to cesspools. Requires the center and the department to submit a report of their findings and recommendations, including any proposed legislation, to the cesspool conversion working group and the legislature no later than October 1, 2019. (SSCR 2029, 2600, 1189-18, 1460-18, 1938-18, CCR 36-18) - 8 -
SB 2831, SD2, HD1, CD1 UNIVERSITY OF HAWAII CAPITAL IMPROVEMENT PROJECTS APPROVED BY THE BOARD OF REGENTS. Requires the University of Hawaii to submit an annual report to the Legislature detailing a list of all capital improvement projects approved by the board of regents prioritized by each campus no later than twenty days prior to the convening of each Regular Session. Repealed on June 30, 2021. (SSCR 2468, 2916, HSCR 1182-18, 1490-18, 1920-18, CCR 161-18) SB 2909, SD2, HD1, CD1 LAW ENFORCEMENT ACTIVITIES AND RESPONSIBILITIES, CONSOLIDATION OF. Requires the legislative reference bureau to conduct a study that examines consolidating the law enforcement activities and responsibilities of various state divisions and agencies under a single, centralized state enforcement division or agency, including: (1) Start-up and other costs; (2) Cost-savings; (3) Regulatory efficiencies; (4) Structure of consolidation; and (5) Operational, administrative, financial, personnel, legal, and other issues associated with consolidation. Requires the bureau to seek input from the department of the attorney general; department of land and natural resources division of conservation and resources enforcement; department of public safety narcotics enforcement division; and department of transportation harbors division. Further requires the bureau to submit a report of its findings recommendations, including any proposed legislation, to the Legislature no later than twenty days before the convening of the Regular Session of 2019. (SSCR 2426, 2735, HSCR 1180-18, 1362-18, 1869-18, CCR 131-18) SB 2919, SD2, HD1, CD1 PUBLIC LIBRARY LANDS, LEASING OF. Establishes a pilot program for the lease of public library land, including facilities. Requires the state librarian, in consultation with the board of education and any other appropriate agency, to serve as the facilitator of the pilot program. Authorizes the board of education to lease public library land on terms it deems appropriate, including a leaseback of all or a portion of the improvements constructed; provided that: - 9 -
(1) The board may identify and select up to five public library land sites as candidates for participation in the pilot program. (2) The board may lease no more than three public library land sites identified and selected by the board under leases for a term of not more than fifty-five years per lease, unless extended pursuant to section 171-36, to lessees who shall be required to modify, construct, or utilize facilities to meet the mission of the public libraries, in accordance with specific request for proposal or request for information guidelines; (3) Each lease shall stipulate that the lessee may retain any revenue generated from the facilities; provided that: (A) The lessee shall be obligated to maintain and operate the facilities to meet the mission of the public libraries for the length of the lease; (B) The lessee shall be obligated to pay to the county all applicable property taxes on the value of any improvements; (C) A leasehold premium may be charged to the lessee for the right to use the public library land based on a competitive process that complies with applicable sections of chapter 103D; (D) Upon the expiration of the lease, the facilities shall revert to the board; and (E) All revenues and proceeds derived by the State under this section shall be deposited in the library facilities fund. Authorizes the board to enter into leaseback agreements that allow the board to lease or sublease the property to a third party. Requires any redevelopment involving nonlibrary purposes to: (1) Comply with county plans, ordinances, and zoning and development codes; and (2) Acquire all required government approvals and permits. Requires the board to submit a report to the Legislature no later than twenty days prior to the convening of the Regular Session of 2020 and each regular session thereafter until the completion of each project, which includes: (1) A timeline for the pilot program pursuant to this Act, including but not limited to: (A) A timeline for the redevelopment of each selected site; (B) An estimated start and completion date for each selected site; and (C) Estimates for the time required to obtain any necessary county or state approvals required to complete the redevelopment of each site; (2) A summary of the state librarian's and board's activities, results, and recommendations to optimize the use of public library lands as a means to meet the mission of the public libraries; (3) A summary of all library and community engagement efforts undertaken or that will be undertaken by the department of education in carrying out the pilot program pursuant to this Act; (4) A summary of the state librarian's and board's current and projected budgeted expenses, including the identification of any contracts with third parties and the - 10 -
creation of temporary positions within the department in carrying out the pilot program pursuant to this Act; (5) A summary of any capacity and funding issues or challenges the state librarian or board has encountered in carrying out the pilot project pursuant to this Act; and (6) Any proposed legislation. (SSCR 2499, 2720, HSCR 1414-18, 1915-18, CCR 91-18) SB 2990, SD2, HD2, CD1 PAID FAMILY LEAVE. Requires the legislative reference bureau to conduct and complete a sunrise analysis to assist the legislature in determining the most appropriate framework or model for the establishment of paid family leave for the State and relative potential impacts and safeguard measures that includes: (1) A comparative analysis of other state paid leave models, including a review of current temporary disability insurance usage and other state temporary disability insurance models and a consideration of: (A) Scope of coverage; (B) Gender equity; (C) Ease of making applications or claims; (D) Speed of benefit payment; (E) Financial sustainability; (F) Administration; (G) Data collection capabilities; and (H) Compliance monitoring abilities; (2) Hawaii-based cost breakdowns by model on projected impacts to employers by size, impacts to employees, and estimated impacts on the cost of compliance as it relates to other employer mandates; and (3) Examination of options for compliance and enforcement of the proposed paid family leave program with recommendations for additional staffing and support for the department of labor and industrial relations to effectuate a program. Requires the bureau to submit a report of its findings and recommendations, including proposed legislation, to the Legislature no later than September 1, 2019. (SSCR 2509, 2913, HSCR 1503-18, 1988-18, CCR 145-18) SB 3058, SD2, HD2, CD1 HILO COMMUNITY ECONOMIC DISTRICT. Requires the department of land and natural resources to review the pilot project and submit a report of its findings and recommendations, including any proposed legislation, to the Legislature no later than twenty days prior to the convening of the Regular Session of 2019 and every year thereafter. Act be repealed on June 30, 2028. - 11 -
(SSCR 2511, 2680, HSCR 1214-18, 1452-18, 1932-18, CCR 159-18) SB 3095, SD1, HD1, CD1 PESTICIDE DRIFT AT PUBLIC SCHOOLS. Requires the department of agriculture to develop a pesticide drift monitoring study to evaluate pesticide drift at three schools within the State and submit a report of its findings and recommendations to the Legislature no later than twenty days prior to the convening of the Regular Session of 2020. (SSCR 2429, 2579, HSCR 1827-18, CCR 154-18) HB 1401, HD1, SD1, CD1 ELECTIONS BY MAIL PILOT PROGRAM. Requires the office of elections to submit a preliminary report to the Legislature no later than twenty days prior to the convening of the Regular Sessions of 2019 and 2020, that includes: (1) The office of elections' progress in implementing this Act; (2) A summary of the office of elections' discussions with the county clerk to determine areas of joint implementation of this Act; (3) An estimate of any costs the county clerk or the office of elections may incur to implement this Act; (4) Any developments in assistive technology that may be implemented by the State, the counties, or nonprofit associations to ensure that persons with disabilities are not, on the whole, disadvantaged by implementation of this Act, including the costs associated with applicable technology; (5) Any difficulties encountered; (6) Specific steps taken and recommendations necessary to prevent fraud and ensure the integrity of the election process; and (7) Any other findings and recommendations, including any proposed legislation, necessary to clarify and implement this Act. Further requires the office to submit a final report to the Legislature no later than January 15, 2021, that includes: (1) Critical evaluation and assessment of the office of elections' and county clerk's performance in implementing this Act; (2) A summary of the office of elections' discussions with the county clerk to determine areas of joint implementation of this Act; (3) An estimate of the costs required by the county clerks or the office of elections to implement elections by mail statewide; (4) Any developments in assistive technology that may be implemented by the State, the counties, or nonprofit associations to ensure that persons with disabilities are not, on the whole, disadvantaged by implementation of elections by mail statewide, including the costs associated with applicable technology; (5) Any difficulties encountered; - 12 -
(6) Specific steps taken and recommendations necessary to prevent fraud and ensure the integrity of the election process; (7) Findings on whether the pilot project has increased voter participation; and (8) Any other findings and recommendations, including any proposed legislation, necessary to implement elections by mail statewide. (HSCR 682, 733, 1497, CCR 152-18) HB 1489, HD1, SD2, CD1 TITLE IX ENFORCEMENT PRACTICES AND PROCEDURES. Requires the legislative reference bureau to conduct a study of existing Title IX enforcement practices and procedures on the federal level and in other jurisdictions, including: (1) A detailed review of enforcement entities responsible for overseeing the investigation and adjudication of complaints under Title IX and related state laws prohibiting discrimination on the basis of sex; (2) An examination of issues related to service and standing for bringing applicable complaints; (3) A review of the various remedies for violations that may be available to an aggrieved party, including alternative dispute resolution, injunctive relief, and civil damages; and (4) An examination of any potential inconsistencies between multiple state and federal compliance mandates and regulatory schemes. Further requires the bureau to submit a report to the Legislature with findings and recommendations on the foregoing issues, including proposed legislation concerning an appropriate enforcement mechanism for chapter, Hawaii Revised Statutes, no later than twenty days prior to the convening of the Regular Session of 2019. (HSCR 693, 1051, SSCR 3183, 3589, CCR 150-18) HB 1577, HD1, SD2, CD1 COMPOST REIMBURSEMENT PILOT PROGRAM. Requires the department of agriculture to establish and implement a three-year compost reimbursement pilot program to provide cost reimbursement to farming operations in the State to assist farmers and ranchers in meeting the costs of acquiring compost purchased from a certified processor, dealer, retailer, or wholesaler licensed to do business in the State. Further requires the department to submit a report of its findings and recommendations, including any proposed legislation, regarding the results of the compost reimbursement pilot program and whether the program should be reinstated, with or without modifications, to the Legislature no later than twenty days prior to the convening of the Regular Session of 2022. (HSCR 219, 569, 870, SSCR 1137, 3705, CCR 134-18) - 13 -
HB 1626, HD1, SD1 SUNSET MEMORIAL PARK, OAHU, UPKEEP, REPAIR AND MAINTENANCE. Requires the director of commerce and consumer affairs, in consultation with the comptroller, to develop short-term and long-term strategies for the upkeep, repair, and maintenance of Sunset Memorial Park in Pearl City, Oahu. Further requires the director to report findings and recommendations related to activities conducted pursuant to this section, including any proposed legislation, to the legislature no later than twenty days prior to the convening of the Regular Session of 2019. (HSCR 135-18, 800-18, SSCR 3073, 3514) HB 1650, HD2, SD1, CD1 CHILD CARE SAFETY IN CHILD CARE SETTINGS. Establishes a working group in the department of human services to review laws, rules, and procedures relating to the coordination of investigations and enforcement efforts of the child welfare services branch and child care licensing program to improve child care safety in child care settings. Requires the following individuals to serve as members of the working group: (1) The director of human services or the director's designee; (2) The administrator of the child welfare services branch or the administrator's designee; (3) A representative from the child care licensing program designated by the administrator of the benefit, employment and support services division; (4) Four representatives from the department of the attorney general, to be designated by the attorney general, specifically: (A) One representative who specializes in criminal prosecution; (B) One representative who specializes in child welfare; (C) One representative who specializes in child care licensing administration; and (D) One representative who specializes in criminal investigations; (5) The prosecuting attorney of the city and county of Honolulu or the prosecuting attorney's designee; (6) A representative from each of the county police departments in the State; (7) Four community advocates designated by the director of human services; and (8) A representative from the United States Department of Defense Family Advocacy program. Requires the working group to submit a report of findings and recommendations, including any proposed legislation, to the Legislature no later than twenty days prior to the convening of the Regular Sessions of 2019 and 2020. Working group shall cease to exist on January 30, 2020. (HSCR 531-18, 1081-18, SSCR 3126, 3435, CCR 168-18) - 14 -
HB 1900, HD1, SD2, CD1 PART III, SECTION 5.1 PEST MANAGEMENT PRACTICES, IMPLEMENTATION OF. Transfer funds from the Agricultural Development and Security Special Fund by the Department of Agriculture to the University of Hawaii College of Tropical Agriculture and Human Resources for the implementation of pest management practices in production areas including but not limited to potted plants, cut-flowers, herbs, vegetables, and tropical fruits. Requires a report describing each commodity group s current level of pest infestation scope of work, list of expenditures, and post- level of pest infestation shall be submitted to the legislature thirty days prior to the convening of the Regular Session of 2019. PART III, SECTION 5.2 DISEASE PATHOGENS AFFECTING AGRICULTURE. Transfers funds from the special fund appropriation for plant, pest, and disease control from the agricultural development and security special fund by the Department of Agriculture to the University of Hawaii College of Tropical Agriculture and Human Resources for the development and implementation of enhanced tools for diagnostics to quickly and reliably identify new disease pathogens affecting agriculture. Requires the Department of Agriculture shall submit a report on its progress to the legislature thirty days prior to the convening of the Regular Session of 2019. PART III, SECTION 5.3 COMMODITIES, LIST OF HIGH-RISK IMPORTED. Requires that of the special fund appropriation for plant, pest, and disease control, funds shall be expended to update the list of high-risk imported commodities based on: (1) number of interceptions; (2) number of treated, destroyed, or refused entry shipments; and (3) number of not-known-to-occur organisms. Requires the Department of Agriculture shall submit a report on its progress to the legislature thirty days prior to the convening of the Regular Session of 2019. PART III, SECTION 5.4 AGRICULTURE INDUSTRY AND PUBLIC EDUCATION ACTIVITIES. Requires that of the special fund appropriation for plant, pest, and disease control, funds shall be expended for public and agriculture industry education activities in coordination with agricultural commodity associations. Requires the Department of Agriculture to submit a report on its progress to the legislature thirty days prior to the convening of the Regular Session of 2019. - 15 -
PART III, SECTION 5.5 PRODUCE AND VEGETABLES BROUGHT INTO THE STATE, REPLACEMENT OF. Requires that of the special fund appropriation for agricultural development and marketing, funds shall be expended by the Department of Agriculture in coordination with agricultural commodity organizations involved with herbs, vegetables, and tropical fruits, for research, importation, evaluation, and distribution of new germplasm necessary to replace high-risk produce and vegetables brought into the State. Requires the Department to submit a report on its progress to the legislature thirty days prior to the convening of the Regular Session of 2019. PART III, SECTION 5.6 SNAILS AND SLUGS, QUARANTINE TREATMENTS FOR. Requires that of the special fund appropriation for agricultural development and marketing, funds shall be expended by the Department of Agriculture in coordination with agricultural commodity organizations for the development of quarantine treatments for snails and slugs. Requires the Department to submit a report on its progress to the legislature thirty days prior to the convening of the Regular Session of 2019. PART III, SECTION 5.7 NATIONAL AGRICULTURE STATISTIC SERVICE SURVEYS. Transfers funds from the Agricultural Development and Security Special Fund by the Department of Agriculture to the National Agriculture Statistic Service (NASS) for the preparation of NASS surveys. Requires the Department of Agriculture to submit a report on its progress to the legislature thirty days prior to the convening of the Regular Session of 2019. (HSCR 1136-18, SSCR 3417, FLOOR AMENDMENT 13, CCR 3) HB 1986, HD2, SD2, CD1 CARBON OFFSET PROGRAM. Requires the office of planning in partnership with the greenhouse gas sequestration task force to investigate and establish a carbon offset program that: (1) Provides expertise in carbon offsetting to public agencies and private entities and assists in coordinating carbon offset projects of public agencies, including but not limited to the generation, certification, and marketing of carbon credits; (2) Allows for proceeds and revenues generated by state departments from sales of offset credits to be deposited into suitable funds particularly for reinvestment to generate further carbon offset credits; provided that the funds are used in accordance with the purposes of the fund; (3) Allows for proceeds and revenues generated by state agencies from sales of carbon credits other than as described in paragraph (2) to be invested in projects enhancing the State's efforts to mitigate or adapt to climate change; and - 16 -
(4) Is consistent with the State's sustainability goals and policies. Requires the office in partnership with the greenhouse gas sequestration task force to submit a report of its findings and recommendations, including any proposed legislation, to the Legislature and the climate change mitigation and adaptation commission no later than twenty days prior to the convening of the Regular Session of 2020. (HSCR 154-18, 552-18, 906-18, SSCR 3164, 3666, CCR 165-18) HB 2182, HD2, SD2, CD1 GREENHOUSE GAS SEQUESTRATION. Establishes the greenhouse gas sequestration task force within the office of planning who shall have the following objectives: (1) Work with public and private stakeholders to establish a baseline for greenhouse gas emissions within Hawaii and short- and long-term benchmarks for increasing greenhouse gas sequestration in the State's agricultural and natural environment; (2) Identify appropriate criteria to measure baseline levels and increases in greenhouse gas sequestration, improvements in soil health, increases in agricultural and aquacultural product yield and quality attributable to greenhouse gas sequestration and improvements in soil health, and other key indicators of greenhouse gas benefits from beneficial agricultural and aquacultural practices that may be used to create a certification program for promoting agricultural and aquacultural practices that generate greenhouse gas benefits and agricultural and aquacultural production benefits; (3) Identify land and marine use policies, agricultural policies, agroforestry policies, and mitigation options that would encourage agricultural and aquacultural practices and land use practices that would promote increased greenhouse gas sequestration, build healthy soils, and provide greenhouse gas benefits; (4) Identify ways to increase the generation and use of compost in Hawaii to build healthy soils; (5) Identify practices and policies that add trees or vegetation to expand the urban tree canopy in urban areas to reduce ambient temperatures, increase climate resiliency, and improve greenhouse gas sequestration in Hawaii; and (6) Make recommendations to the legislature and governor regarding measures that would increase climate resiliency, build healthy soils, provide greenhouse gas benefits, or cool urban areas. Requires the membership of task force to be: (1) The director of the office of planning or the director's designee, who shall serve as chairperson; (2) The chairperson of the board of agriculture or the chairperson's designee; (3) The chairperson of the board of land and natural resources or the chairperson's designee; (4) The director of transportation or the director's designee; (5) The deputy director of the department of health's environmental health administration or the deputy director's designee; (6) The director of the office of environmental quality control or the director's designee; - 17 -
(7) The director of the environmental law program at the University of Hawaii at Manoa William S. Richardson school of law; (8) The administrator of the division of forestry and wildlife within the department of land and natural resources or the administrator's designee; (9) One member who is also a member of the climate change mitigation and adaptation commission; (10) One researcher from the college of tropical agriculture and human resources at the University of Hawaii at Manoa; (11) One extension agent from the college of tropical agriculture and human resources at the University of Hawaii at Manoa; (12) Four members, one each to be appointed by the respective mayors of the city and county of Honolulu, and the counties of Hawaii, Kauai, and Maui; and (13) Four members to be jointly selected and invited to participate by the president of the senate and the speaker of the house of representatives, of which two members shall be selected from an environmental nonprofit organization, and two members shall be selected from an agricultural or ranching association. Requires the task force to submit a preliminary report of its findings and recommendations, including any proposed legislation, to the legislature and the climate change mitigation and adaptation commission no later than twenty days prior to the convening of the Regular Session of 2023. Requires the preliminary report to discuss the objectives and issues listed above including: (A) Types of agricultural and aquacultural practices, public land and marine use policies, and on-farm managing practices that would provide greenhouse gas benefits and result in tangible economic benefits to agricultural and aquacultural operations; (B) Short-term and long-term benchmarks that would indicate how effectively agricultural and aquacultural activities have been helping the State to reach greenhouse gas neutrality; (C) Appropriate criteria that may be used in a certification program to measure baseline levels and increases in carbon sequestration, improvements in soil health, and other key indicators of greenhouse gas benefits from beneficial agricultural and aquacultural practices; (D) Types of incentives, grants, research, and assistance that would promote: (i) (ii) Agricultural and aquacultural practices to produce greenhouse gas benefits; and Land and marine use policies and agricultural policies that would encourage agricultural, aquacultural, and land use practices to provide greenhouse gas benefits and result in tangible economic benefits to agricultural and aquacultural operations; and (E) Practices and policies that add trees or vegetation to expand the urban tree canopy in urban areas to reduce ambient temperatures and increase climate resiliency and improve greenhouse gas sequestration in Hawaii. Requires the office of planning to provide administrative and clerical support required by the task force. - 18 -
Further requires the office of planning to submit a status update report of its progress and recommendations, including any proposed legislation, regarding the greenhouse gas sequestration task force to the legislature no later than twenty days prior to the convening of the Regular Session of 2021. (HSCR 389-18, 1050-18, SSCR 3085, 3608, CCR 45-18) HB 2259, HD1, SD3, CD1 MARINE EVENTS, PERMITS FOR, AND HAZARDS POSED BY VESSELS, THRILL CRAFT, DRONES AND OTHER MEANS TO OBSERVE OR RECORD SUCH EVENTS. Prohibits a person to hold a marine event, including but not limited to a regatta, marine parade, or surfing contest, without a permit from the department of land and natural resources provided that the department's written authorization is not required if prior authorization has been secured from the Coast Guard. Authorizes the department to adopt rules to mitigate the hazards posed by vessels, thrill craft, drones, and other means used by spectators to observe or record regattas, marine parades, surfing contests, and other marine events held in the waters of the State; provided that the department shall consult the department of transportation and the Federal Aviation Administration before adopting rules regulating the use of drones. Requires the department to submit a report of its progress in implementing the permitting process and adopting rules, including any proposed legislation, to the Legislature no later than twenty days prior to the convening of the Regular Session of 2019. (HSCR 518-18, 1021-18, SSCR 3210, 3574 - filed, FLOOR AMENDMENT 15, CCR 118-18) HB 2271, HD2, SD1, CD1 AUTISM SPECTRUM DISORDER AND APPLIED BEHAVIOR ANALYSIS. Requires the department of education to create an implementation plan to seek reimbursement of any medicaid billable applied behavior analysis the department may provide to students diagnosed with autism spectrum disorder. Further requires the department to submit an initial report to the Legislature and board of education within ninety days of the effective date of this Act, which shall include clear objectives on staffing, data collection and analysis, reporting and accountability, and any other necessary points to effectuate the implementation plan. Further requires the department to submit quarterly reports to the Legislature and board which shall include: (1) The number of students diagnosed with autism spectrum disorder; (2) The number of students with autism spectrum disorder as part of their individualized education plan; (3) The number of students requiring applied behavior analysis; (4) Staffing updates and needs; - 19 -