Report Title:

State Parks; Repair and Maintenance

Description:

Establishes the state parks facilities repair and maintenance account which shall be used to eliminate the backlog of state parks repair and maintenance projects existing as of June 30, 2003. Establishes the state parks physical plant operations and maintenance account which shall be used for park repair and preventive maintenance projects existing after June 30, 2004. (HB2041 HD1)

HOUSE OF REPRESENTATIVES

H.B. NO.

2041

TWENTY-SECOND LEGISLATURE, 2004

H.D. 1

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

relating to state parks.

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

SECTION 1. The legislature finds that a key component in improving tourism, quality of life, and environmental conservation in Hawaii is the provision of repair and maintenance that support and enhance state parks. While the State has invested substantially in the administration of state parks, repair and maintenance have been curtailed in recent years due to poor economic conditions.

The purpose of this Act is to fund the backlog and ongoing repair and maintenance of state parks through legislative appropriations and general fund appropriations. Specifically, this Act:

(1) Establishes the state parks facilities repair and maintenance account to eliminate the backlog of projects existing as of June 30, 2003;

(2) Establishes the state parks physical plant operations and maintenance account to pay for normal, on-going state parks repair and maintenance projects scheduled after June 30, 2004;

(3) Specifies how state parks repair and maintenance are to be prioritized and moneys allocated; and

(4) Provides for the establishment of eight state parks business and fiscal officers to oversee state parks facilities planning.

It is not the intent of this Act to undermine the authority of state parks to prioritize and approve their repair and maintenance needs, or to interfere with any partnerships that state parks have formed with community groups, volunteers, and businesses, to obtain donated and discounted repair and maintenance services and materials. The legislature remains committed to the principles of local control and decentralized decision-making.

SECTION 2. Chapter 36, Hawaii Revised Statutes, is amended by adding two new sections to be appropriately designated and to read as follows:

"36-    State parks facilities repair and maintenance account. (a) There is created in the state general fund under LNR 806 (parks administration and operation) the state parks facilities repair and maintenance account, into which shall be deposited legislative appropriations designated for use solely to eliminate the backlog of state parks repair and maintenance projects as of June 30, 2003. Expenditures from the account shall be subject to sections 37-31, 37-33, 37-34, and 37-35 to 37-40. Appropriations or authorizations from the account shall be expended by the comptroller.

(b) The department of land and natural resources, with the assistance of the department of accounting and general services, shall review the existing condition of state parks facilities and establish specific vision plans for each park based on current repair and maintenance requirements and overall repair and maintenance priorities.

(c) Criteria used to establish current repair and maintenance requirements may include:

(1) The remaining useful life of the park facility and its major components;

(2) The adjusted life of the park facility and its major components after repair or maintenance; and

(3) The current and future repair and maintenance requirements of the park facility and its components based on established industry standards or product manufacturer recommendations;

provided that demolition of a facility or any of its components may be recommended if the cost of the repairs do not justify the adjusted life or remaining life of the facility.

(d) Criteria used to establish overall repair and maintenance requirements may include:

(1) Whether a park facility will continue to be used for the next twenty-five years; and

(2) Whether a repair or maintenance project is required:

(A) For health or safety reasons;

(B) To comply with legal mandates;

(C) To comply with current building codes; or

(D) For preventive maintenance reasons;

provided that in developing criteria, consideration shall be given to park facilities that were more than twenty-five years of age on July 1, 2003.

(e) The comptroller shall ensure that all repair and maintenance projects achieve maximum cost-efficiency by emphasizing functional or performance criteria, uniformity of design, and commonality of products, and by avoiding unique or custom requirements that increase costs. The comptroller shall develop project specifications based on qualified products lists and standard commercial products.

For the purposes of this subsection:

"Qualified products list" means an approved list of goods, services, or construction items described by model or catalog numbers, which, prior to competitive solicitation, the State has determined will meet the applicable specification requirement.

"Standard commercial product" means a product or material that in the normal course of business is customarily maintained in stock by, or readily available for marketing from a manufacturer, distributor, or dealer.

This subsection shall not apply to any park facility designated a historic property pursuant to section 6E-5.5.

(f) The comptroller shall submit an annual report to the legislature, which shall include a financial statement of the account and the status of repair and maintenance projects undertaken pursuant to this section, no later than twenty days prior to the convening of each regular session. Expenditures for repair and maintenance projects undertaken pursuant to this section shall be posted electronically on the Internet by the department of accounting and general services within thirty days of each project's completion.

(g) This section shall be repealed on July 1, 2020.

36-    State parks physical plant operations and maintenance account; maintenance schedule. (a) There is created in the state general fund under LNR 806 (parks administration and operation) the state parks physical plant operations and maintenance account, into which shall be deposited all legislative appropriations.

The moneys in the account shall be used solely for state parks repair and preventive maintenance projects scheduled after June 30, 2004. Expenditures from the account shall be subject to sections 37-31, 37-33, 37-34, and 37-35 to 37-40. Appropriations or authorizations from the account shall be expended by the comptroller.

(b) Every state park facility newly constructed or renovated after June 30, 2004, shall include a preventive maintenance schedule prepared by the architect or engineer of the facility or the capital improvement project. The maintenance schedule shall include:

(1) A description of each major component of a facility or capital improvement project and the component's maintenance;

(2) The starting date of each maintenance project;

(3) The current, future, and any recurring cost of each maintenance project;

(4) The useful life of the facility or capital improvement project;

(5) The present value of the cost of normally scheduled maintenance over the useful life of the facility;

(6) The adjusted life of the facility or capital improvement project; and

(7) The replacement date of the facility or capital improvement project.

(c) Moneys in physical plant operations and maintenance account shall be allocated to state parks according to:

(1) Estimated preventive and scheduled maintenance costs that reflect the age and condition of existing parks facilities in the State in the following categories:

(A) Reroofing;

(B) Electrical;

(C) Resurfacing;

(D) Equipment;

(E) Exterior painting;

(F) Plumbing;

(G) Structural integrity;

(H) Termite ground treatment;

(I) Termite tent treatment;

(J) Interior painting;

(K) Air conditioning change out; and

(L) Re-carpeting;

and

(2) Budgeted recurring maintenance, health and safety requirements, and legal mandates.

(d) The comptroller shall submit an annual report to the legislature, which shall include a financial statement of the account and the status of state park repair and preventive maintenance projects undertaken pursuant to this section, no later than twenty days prior to the convening of each regular session. The department of accounting and general services shall post the following reports electronically on the Internet and update them quarterly:

(1) Expenditures for state park repair and preventive maintenance projects undertaken pursuant to this section, shall be posted within thirty days of each project's completion; and

(2) A list of each state park's repair and maintenance needs to be undertaken."

SECTION 3. Chapter 184, Hawaii Revised Statutes, is amended by adding four new sections to be appropriately designated and to read as follows:

"184-    Six-year program and financial plan for State park repair and maintenance. (a) The department of accounting and general services, in consultation with the department of land and natural resources, shall prepare a six-year program and financial plan for state parks repair and maintenance that shall be:

(1) Based on:

(A) Estimated preventive and scheduled maintenance costs;

(B) Budgeted recurring maintenance;

(C) Health and safety requirements; and

(D) Legal mandates;

(2) Prepared in accordance with the principles and procedures contained in section 514A-83.6, insofar as is practical; and

(3) Submitted initially to the legislature no fewer than thirty days prior to the convening of the 2006 regular session, with annual funding requirements for the physical plant operations and maintenance account submitted no fewer than thirty days prior to the convening of the 2006 regular session and each regular session thereafter;

provided that the governor may incorporate the six-year program and financial plan required by this subsection into the six-year program and financial plan required by section 37-69, if the plan required by this subsection is incorporated without reductions or restrictions.

(b) The department of accounting and general services, in consultation with the department of land and natural resources, shall develop and maintain a facilities physical analysis report and a facilities financial analysis report for each state park. These reports shall be posted electronically on the Internet.

184-    Federal/state cooperation authorized. The department may enter into agreements with any federal agency to construct, repair, or renovate Hawaii state parks on military installations, other federal property, and elsewhere in the State using state or federal funds, subject to the department's specifications and standards for facilities. The department shall cooperate with any federal agency to carry out this section.

184-    Prioritization of State parks repair and maintenance. (a) Each state park manager shall meet with the department of accounting and general services on an annual basis to advise the department of repair and maintenance needs. Before any repair and maintenance projects for the upcoming fiscal year are implemented, each individual state park administration shall prioritize and approve its repair and maintenance needs, and approve the scope of the implementation plan for the individual projects. After state parks have prioritized their repair and maintenance projects, a statewide list shall be prepared and reviewed by the department of accounting and general services, and reviewed and approved by the department of land and natural resources; provided that the department of land and natural resources may make adjustments among the state park system. Each state park repair and maintenance priority listing shall be submitted by the department of land and natural resources to the department of accounting and general services for implementation. Each listing shall be posted electronically on the Internet. The department of accounting and general services shall implement the state park repair and maintenance program in accordance with the priorities set forth by the department of land and natural resources.

(b) Prior to meeting with the department of accounting and general services to advise it of a state park's repair and maintenance needs, the state park's manager and the business and fiscal officer shall consider the recommendations made by the state park administration.

(c) In prioritizing a state park's repair and maintenance needs, the department of accounting and general services, the state park's manager, and the business and fiscal officer shall consider the availability of donated and discounted repair and maintenance services and materials that will be provided by community groups, volunteers, and businesses."

SECTION 4. The department shall establish eight permanent civil service exempt full-time equivalent business and fiscal officer positions; provided that four business and fiscal officer positions shall be assigned to the Oahu state parks, with the remaining positions to be assigned to state parks based on need; and provided further that the business and fiscal officer shall:

(1) Have a business and facilities management background; and

(2) Not be subject to the requirements of chapter 76.

(b) State parks business and fiscal officers shall be responsible for:

(1) Coordinating physical plant operations and maintenance activities with the department of accounting and general services;

(2) Coordinating the training and selection of state park custodians; monitoring the performance of state park custodians in accomplishing minor repairs with funds from state park-level minor repairs and maintenance accounts; and overseeing these accounts at the direction of park managers;

(3) Planning for capital improvement projects with the department of land and natural resources and the department of accounting and general services;

(4) Ensuring that state park facilities comply with the laws and rules regarding environmental conservation and disabilities access;

(5) Assisting the department and individual state parks in forming partnerships with community groups, volunteers, and businesses to obtain donated and discounted repair and maintenance services and materials; and

(6) Developing, coordinating, overseeing, and participating in the data collection for the physical plant analysis report and the maintenance plan for each state park.

SECTION 5. There is established three new staff positions consisting of two building inspector II positions, and one clerk typist III position. These positions shall be project funded and assigned to the department of accounting and general services under LNR 806 to work with the department of land and natural resources to identify and prioritize repairs, maintain historical repair records, and to inspect records.

SECTION 6. There is appropriated out of the general revenues of the State of Hawaii the sum of $300,000 or so much thereof as may be necessary for fiscal year 2004-2005 for eight permanent civil service exempt full-time equivalent business and fiscal officer positions.

The sum appropriated shall be expended by the department of land and natural resources through LNR 806 for the purposes of this Act.

SECTION 7. New statutory material is underscored.

SECTION 8. This Act shall take effect on July 1, 2004.