Report Title:

Construction, Repair, and Maintenance of Public Schools

Description:

Transfers the construction, repair, and maintenance of public schools from the DAGS to the DOE effective 1/1/2004.

HOUSE OF REPRESENTATIVES

H.B. NO.

493

TWENTY-SECOND LEGISLATURE, 2003

 

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

relating to school facilities.

 

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

SECTION 1. Section 26-6, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:

"(b) The department shall:

(1) Preaudit and conduct after-the-fact audits of the financial accounts of all state departments to determine the legality of expenditures and the accuracy of accounts;

(2) Report to the governor and to each regular session of the legislature as to the finances of each department of the State;

(3) Administer the state risk management program;

(4) Establish and manage motor pools;

(5) Manage the preservation and disposal of all records of the State;

(6) Undertake the program of centralized engineering and office leasing services, including operation and maintenance of public buildings, for departments of the State[;] except the department of education;

(7) Undertake the functions of the state surveyor;

(8) Establish accounting and internal control systems;

(9) Provide centralized computer information management and processing services, coordination in the use of all information processing equipment, software, facilities, and services in the executive branch of the State, and consultation and support services in the use of information processing and management technologies to improve the efficiency, effectiveness, and productivity of state government programs; and

(10) Establish, coordinate, and manage a program to provide a means for public access to public information and develop and operate an information network in conjunction with its overall plans for establishing a communication backbone for state government.

The state communication system shall be established to:

(1) Facilitate implementation of the State's distributed information processing and information resource management plans;

(2) Improve data, voice, and video communications in state government;

(3) Provide a means for connectivity among the state, university, and county computer systems; and

(4) Provide a long-term means for public access to public information."

SECTION 2. Section 27-11, Hawaii Revised Statutes, is amended to read as follows:

"27-11 Planning, construction, and improvements of public school facilities and grounds; custodial and janitorial services for public schools[; transportation of school children]. The following functions and services, heretofore performed by the several counties under contractual arrangements with the State, shall be directly administered and performed by the department [or departments, or divisions of government designated by the governor:] of education:

(1) Planning, construction, and improvements of public school facilities and grounds; provided that the department of education shall add to its list of considerations in the planning and development of schools the role of the housing and community development corporation of Hawaii in developing housing projects and the resulting educational needs of those housing projects; and provided further that nothing in this section shall be construed to prohibit the housing and community development corporation of Hawaii from planning educational facilities and related infrastructure as a necessary and integral part of its housing projects; and

(2) Repair, maintenance, custodial, and janitorial services for public school facilities[; and

(3) Transportation of school children]."

SECTION 3. Section 36-32, Hawaii Revised Statutes, is amended to read as follows:

"36-32 State educational facilities improvement special fund. (a) There is created in the treasury of the State the state educational facilities improvement special fund, into which shall be deposited a portion of all general excise tax revenues collected by the department of taxation under section 237-31. The special fund shall be used solely to plan, design, acquire lands for and to construct public school facilities and to provide equipment and technology infrastructure to improve public schools and other facilities under the jurisdiction of the department of education, except public libraries. In addition, activities of the department of education intended to eliminate the gap between the facility needs of schools and available resources shall be eligible for funding from the special fund. Expenditures from the special fund shall be limited to projects authorized by the legislature and shall be subject to sections 37-31, and 37-33 through 37-40. Appropriations or authorizations from the special fund shall be expended by the [comptroller.] superintendent of education.

(b) The department of [accounting and general services] education shall submit an annual report to the legislature, which shall include a financial statement of the special fund and the status of projects undertaken pursuant to this section, no later than twenty days prior to the convening of each regular session."

SECTION 4. Section 36-35, Hawaii Revised Statutes, is amended as follows:

1. By amending subsection (a) to read:

"(a) There is created in the state general fund under [AGS] EDN 807 (physical plant operations and maintenance) the state educational facilities repair and maintenance account, into which shall be deposited legislative appropriations to the account designated for use solely to eliminate the backlog of school repair and maintenance projects, including the repair or replacement of fixtures, furnishings, and equipment, existing on June 30, 2000. Expenditures from the account shall be subject to sections 37-31 and 37-33 to 37-40. Appropriations or authorizations from the account shall be expended by the [comptroller.] superintendent of education."

2. By amending subsection (b) to read:

"(b) The department of education[, with the assistance of the department of accounting and general services,] shall review the existing condition of school facilities and establish specific vision plans for each school complex based on current repair and maintenance requirements and overall repair and maintenance priorities."

3. By amending subsection (e) to read:

"(e) The expenditure of funds for any project with an estimated total cost of less than $100,000 shall be exempt from chapter 103D and section 464-4; provided that:

(1) The [comptroller] superintendent of education shall develop internal policies and procedures for the procurement of goods, services, and construction, consistent with the goals of public accountability and public procurement practices, but not subject to chapter 103D. However, where possible, the [comptroller] superintendent of education is encouraged to use the provisions of chapter 103D; provided that the use of one or more provisions of chapter 103D shall not constitute a waiver of the exemption of chapter 103D and shall not subject the [comptroller] superintendent of education to any other provision of chapter 103D;

(2) Insofar as is practical, and based on specifications developed, adequate and reasonable competition of no fewer than three proposals shall be solicited for each project, based on rules adopted by the [comptroller;] superintendent of education;

(3) Considering all factors, including quality, warranty, and delivery, the award shall be made to the vendor with the most advantageous proposal;

(4) The procurement requirements shall not be artificially divided or parceled so as to avoid competitive bidding or competitive proposals; and

(5) Formal design for projects shall be done when there is a clear need to preserve structural integrity, health and safety, or to clearly communicate construction requirements.

For all projects, the [comptroller] superintendent of education shall develop a strategy for the efficient and cost-effective use of government and private-sector workforces and consider increased flexibility through public-private partnering, design-build options, cost plus, job order contracts, performance-based contracts, request for proposals, and any other means to improve communications and accelerate repairs while preserving the quality of the repairs."

4. By amending subsection (f) to read:

"(f) The [comptroller] superintendent of education 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] superintendent of education shall develop project specifications based on generic specifications or prescriptive specifications using standard commercial products. Prescriptive specifications may include a qualified product list.

For the purposes of this subsection:

"Generic specification" means a technical specification that is written in a clear, unambiguous, and nonrestrictive manner establishing:

(1) Design, performance, or functional requirements to identify the work to be performed; and

(2) Material standards to be used on a project.

"Prescriptive specification" means a technical specification:

(1) Establishing that the required work to be performed is written in a clear, unambiguous, and nonrestrictive manner; and

(2) Listing manufacturers or products that are acceptable for use on the project.

"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 school facility designated a historic property pursuant to section 6E-5.5."

5. By amending subsection (g) to read:

"(g) The [comptroller] superintendent of education 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] education within thirty days of each project's completion."

SECTION 5. Section 36-36, Hawaii Revised Statutes, is amended as follows:

1. By amending subsection (a) to read:

"(a) There is created in the state general fund under [AGS] EDN 807 (physical plant operations and maintenance) the school physical plant operations and maintenance account, into which shall be deposited all legislative appropriations to the account.

The moneys in the account shall be used solely for school repairs and preventive maintenance projects scheduled after June 30, 2001. Expenditures from the account shall be subject to sections 37-31 and 37-33 to 37-40. Appropriations or authorizations from the account shall be expended by the [comptroller.] superintendent of education."

2. By amending subsection (d) to read:

"(d) The expenditure of funds made under this [Act] section for any project with an estimated total cost of less than $100,000 shall be exempt from chapter 103D and section 464-4; provided that:

(1) The [comptroller] superintendent of education shall develop internal policies and procedures for the procurement of goods, services, and construction, consistent with the goals of public accountability and public procurement practices, but not subject to chapter 103D. However, where possible, the [comptroller] superintendent of education is encouraged to use the provisions of chapter 103D; provided that the use of one or more provisions of chapter 103D shall not constitute a waiver of the exemption of chapter 103D and shall not subject the [comptroller] superintendent of education to any other provision of chapter 103D;

(2) Insofar as is practical, and based on specifications developed, adequate and reasonable competition of no fewer than three quotations shall be solicited for each project based on rules adopted by the [comptroller;] superintendent of education;

(3) Considering all factors, including quality, warranty, and delivery, the award shall be made to the vendor with the most advantageous quotation;

(4) The procurement requirements shall not be artificially divided or parceled so as to avoid competitive bidding or competitive proposals; and

(5) Formal design for projects shall be done when there is a clear need to preserve structural integrity, health and safety, or to clearly communicate construction requirements."

3. By amending subsection (e) to read:

"(e) The [comptroller] superintendent of education shall submit an annual report to the legislature, which shall include a financial statement of the account and the status of school 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] education shall post the following reports electronically on the Internet and update them quarterly:

(1) Expenditures for school 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 school's repair and maintenance needs to be undertaken."

SECTION 6. Section 302A-604.5, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:

"(b) Departmental school district business and fiscal officers shall be responsible for:

(1) Coordinating physical plant operations and maintenance activities with [the department of accounting and general services;] complex area superintendents and principals;

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

(3) Planning for capital improvement projects with the department [of education and the department of accounting and general services];

(4) Ensuring that school facilities comply with the laws and rules regarding:

(A) The provision of a free appropriate public education for exceptional children with disabilities; and

(B) The provision of a free appropriate public education for qualified students with disabilities;

(5) Assisting the department, individual schools, and school complexes 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 school."

SECTION 7. Section 302A-1312, Hawaii Revised Statutes, is amended to read as follows:

"[[]302A-1312[]] Six-year program and financial plan for school repair and maintenance. (a) The department [of accounting and general services, in consultation with the department of education,] shall prepare a six-year program and financial plan for school repair and maintenance which 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) Insofar as is practical, prepared in accordance with the principles and procedures contained in section 514A-83.6; and

(3) Submitted initially to the legislature not less than thirty days prior to the convening of the [2002] 2004 regular session, with annual funding requirements for the physical plant operations and maintenance account submitted not less than thirty days prior to the convening of the [2002] 2004 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 education,] shall develop and maintain a facilities physical analysis report and a facilities financial analysis report for each public school. These reports shall be posted electronically on the Internet."

SECTION 8. Section 302A-1501, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:

"(b) In any case where air conditioners are installed in a particular school, the department may require that the approximate cost of electricity and maintenance for air conditioners not installed by the department [of accounting and general services] be paid by a private entity until the department establishes temperature and noise standards and a policy relating to air conditioning."

SECTION 9. Section 302A-1502, Hawaii Revised Statutes, is amended to read as follows:

"[[]302A-1502[]] School inspection program. The department of education, in consultation and cooperation with the department of health [and the department of accounting and general services], shall establish a school inspection program to maintain high levels of hygiene, sanitation and health, safety, maintenance, and physical appearance for each school for the benefit of students, administrators, and staff. The program shall include [but not be limited to] the following:

(1) The utilization of checklists that reflect basic standards;

(2) The involvement of students, parents, and staff; and

(3) Regularly scheduled announced inspections and unannounced inspections of school grounds, restrooms, cafeterias, locker rooms, classrooms, and other facilities."

SECTION 10. Section 302A-1502.5, Hawaii Revised Statutes, is amended as follows:

1. By amending subsection (j) to read:

"(j) All proposals submitted to Helping Hands Hawaii for fund moneys shall be approved by the department [of accounting and general services] for consistency in meeting design and materials standards for public schools."

2. By amending subsection (l) to read:

"(l) Chapter 103D shall not apply to organizations or agencies that apply for grants or contracts under this section; provided that Helping Hands Hawaii shall be held accountable for the use of the funds under a contract with the department [of accounting and general services]."

3. By amending subsection (n) to read:

"(n) The fund shall be audited annually by an independent auditor. The results of each annual audit shall be submitted to the department [of accounting and general services] not later than thirty days from the date Helping Hands Hawaii receives the audit results. In addition, Helping Hands Hawaii shall retain for a period of three years and permit the department [of accounting and general services, the department of education], state legislators, and the auditor, or their duly authorized representatives, to inspect and have access to any documents, papers, books, records, and other evidence that is pertinent to the fund."

4. By amending subsection (q) to read:

"[[](q)[]] The [state comptroller] superintendent shall submit an annual report of the progress of the school repair and maintenance fund no later than twenty days prior to the convening of the regular sessions of the legislature."

SECTION 11. Section 302A-1502.6, Hawaii Revised Statutes, is amended to read as follows:

"[[]302A-1502.6[]] Providers of construction or project-related professional services for the repair and maintenance of public schools; volunteer status. Pursuant to chapter 90, the department [of accounting and general services] shall accept as volunteers qualified professional providers of construction or project-related professional services who are under contract with Helping Hands Hawaii in its Hawaii 3R's project. The department [of accounting and general services] shall maintain a list of volunteers so accepted, and shall provide the professional providers with appropriate guidance, supervision, and control to reasonably protect members of the public from injury or damage. Once accepted as a volunteer by the department [of accounting and general services], the professional provider shall be entitled to protection from liability for volunteers under chapter 90, unless the injury or damage is caused by or is the result of the professional provider's wilful and wanton act or omission."

SECTION 12. Section 302A-1503, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:

"(b) In the case of fixtures that are to be installed in existing or new school facilities, the department [of accounting and general services] shall thereafter be responsible for the repair and maintenance of the donated fixtures. In the case of equipment that supports [the] a school's curriculum and programs, the [department of education] the school shall thereafter be responsible for the repair and maintenance of the donated equipment."

SECTION 13. Section 302A-1504, Hawaii Revised Statutes, is amended by amending subsection (c) to read as follows:

"(c) Each school principal[, through the superintendent,] shall submit a report annually to the department [of accounting and general services] in the form prescribed by the [comptroller] superintendent on expenditures made from each account."

SECTION 14. Section 302A-1505, Hawaii Revised Statutes, is amended to read as follows:

"302A-1505 Prioritization of repair and maintenance. (a) Each school shall meet with the department [of accounting and general services] on an annual basis to advise the department of school needs. Before any repair and maintenance projects for the upcoming fiscal year are implemented, each individual school administration shall prioritize and approve its repair and maintenance needs, and approve the scope of the implementation plan for the individual projects. After schools have prioritized their repair and maintenance projects, a statewide list shall be prepared [and], reviewed, and approved by the department [of accounting and general services, and reviewed and approved by the department of education; provided that the department of education may make adjustments among schools and districts]. Each school repair and maintenance priority listing shall be submitted [by] to the department [of education 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 school repair and maintenance program in accordance with the priorities set forth by the [department of education.] school.

(b) Prior to meeting with the department [of accounting and general services] to advise it of a school's repair and maintenance needs, the school's principal and the business and fiscal officer shall consider the recommendations made by the school/community-based management council, if there is such a council at the school; or the local school board, if the school is a new century charter school or a new century conversion charter school. If there is no school/community-based management council or local school board, then the school's principal shall appoint a standing committee composed of a teacher, a member of the support staff, a parent, a student, and a community member.

(c) In prioritizing a school's repair and maintenance needs, the department [of accounting and general services], the school's principal, 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 15. Section 302A-1506, Hawaii Revised Statutes, is amended to read as follows:

"[[]302A-1506[]] Public school facilities. The department may enter into such contracts, leases, lease-purchase agreements, or other transactions as may be necessary for the acquisition of public school facilities, including any lands for these facilities, on such terms as it may deem appropriate, subject to [approval by the comptroller.] chapter 37D."

SECTION 16. All rights, powers, functions, and duties of the department of accounting and general services, relating to the construction, repair, and maintenance of public schools, are transferred to the department of education.

All officers and employees whose functions are transferred by this Act shall be transferred with their functions and shall continue to perform their regular duties upon their transfer, subject to the state personnel laws and this Act.

No officer or employee of the State having tenure 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, and such officer or employee may be transferred or appointed to a civil service position without the necessity of examination; provided that the officer or employee possesses the minimum qualifications for the position to which transferred or appointed; and provided that subsequent changes in status may be made pursuant to applicable civil service and compensation laws.

An officer or employee of the State who does not have tenure and who may be transferred or appointed to a civil service position as a consequence of this Act shall become a civil service employee without the loss of salary, seniority, prior service credit, vacation, sick leave, or other employee benefits or privileges and without the necessity of examination; provided that such officer or employee possesses the minimum qualifications for the position to which transferred or appointed.

If an office or position held by an officer or employee having tenure is abolished, the officer or employee shall not thereby be separated from public employment, but shall remain in the employment of the State with the same pay and classification and shall be transferred to some other office or position for which the officer or employee is eligible under the personnel laws of the State as determined by the head of the department or the governor.

SECTION 17. All appropriations, records, equipment, machines, files, supplies, contracts, books, papers, documents, maps, and other personal property heretofore made, used, acquired, or held by the department of accounting and general services, relating to the functions transferred to the department of education, shall be transferred with the functions to which they relate.

SECTION 18. All rules, policies, procedures, guidelines, and other material adopted or developed by the department of accounting and general services to implement provisions of the Hawaii Revised Statutes which are reenacted or made applicable to the department of education by this Act, shall remain in full force and effect until amended or repealed by the department of education pursuant to chapter 91, Hawaii Revised Statutes. In the interim, every reference to the department of accounting and general services in those rules, policies, procedures, guidelines, and other material is amended to refer to the department of education.

SECTION 19. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 20. This Act shall take effect on January 1, 2004.

INTRODUCED BY:

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