HOUSE OF REPRESENTATIVES

H.B. NO.

865

TWENTY-SEVENTH LEGISLATURE, 2013

H.D. 1

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

RELATING TO PUBLIC SCHOOL REDEVELOPMENT.

 

 

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

 


     SECTION 1.  The legislature finds that one of the major challenges for education is that our long-term physical infrastructure for schools does not keep up with the evolving research on learning and facility design or technological advances.  While the flow of information and ideas is increasingly fluid, students are locked into physical structures that do not reflect our modern information and technology age.  Building, repairing, and retrofitting, and constructing our public schools to meet the challenges of the twenty-first century will not be easy, and the costs will be considerable.  However, quality school facilities can create an environment that will facilitate student achievement to prepare Hawaii's children to succeed in college and careers in the highly competitive global economy.

     The legislature further finds that Hawaii's public school facilities, with an average age of sixty-five years, are inadequate to maximize twenty-first century learning opportunities.  Most public schools are built on horizontal designs that tend to be expansive campuses.  These school configurations, in addition to hampering pedagogical methods, such as smaller learning communities and project-based learning, are not necessarily compatible with modern school facility designs.  More modern layouts for twenty-first century schools can be more compact, enabling efficiencies in technology, energy use, security and grounds maintenance, more effective use of land, and improved sustainability for Hawaii communities.

     Furthermore, while legislative funding has enabled a steady reduction in the department of education's repair and maintenance backlog in the last decade, the department continues to have outstanding repair and maintenance needs, and many facilities continue to have these needs due to limited budgets.  This year, the department reported that it has $266,000,000 in repair and maintenance backlog and for the upcoming biennium, $620,975,000 in prioritized capital improvement needs.  In addition, the department projects a need to construct eleven new schools in growing communities over the next six years.  Despite the significant reduction in the repair and maintenance backlog, down from $700,000,000 a decade ago, year after year, the department's need for funding school facilities, either new construction, capital improvements, or repair and maintenance, continues to exceed historical appropriations that have been limited due to budget constraints.

     The 21st Century School Fund, a national public policy institute, reported that Hawaii ranked last in the United States, including the District of Columbia, for per-student capital expenditures.  In 2010, Hawaii spent $298 per student on school capital expenditures, compared with a national average of over $1,000 per student.  Despite the need to modernize public school facilities statewide, government is left with inadequate funding for repair and maintenance or necessary investments for new or upgraded facilities to meet competitive and modern demands of twenty-first century learning.  Thus, in the 2012 legislative session, the legislature appropriated funds for the department of education to conduct strategic planning for facilities.

     The legislature recognizes that because public funds to meet school facilities needs are severely limited, a new, innovative approach is needed to complement traditional general fund appropriations to bring Hawaii's public schools into the twenty-first century.  The public school lands of the State's two hundred fifty-four school campuses, some of which are considered underutilized, are an untapped resource.  Public-private partnerships to use these lands differently would provide opportunities for the State to use available lands to enable twenty-first century facilities.  Leasing the underutilized lands can generate income to upgrade existing schools or construct new schools to twenty-first century standards and opportunities.  By engaging in public-private partnerships, refocusing uses of these properties will support community-driven redevelopment and help communities make better use of land while increasing educational and economic opportunities for the benefit of Hawaii's public school children.  Any use of public lands must be compatible with and provide benefits to the surrounding community.  Teachers, administrators, students, parents, community residents; and other stakeholders must play a meaningful role in the planning, design, and partnership between the school and surrounding community.

     The legislature finds that the department of education is the appropriate entity to carry out the redevelopment of public school lands by engaging in public-private partnerships with other agencies and private entities to facilitate the construction of twenty-first century learning facilities.

     The purpose of this Act is to authorize the board and the department of education to facilitate the redevelopment of public school lands in order to generate income to improve public school facilities and infrastructure to meet the challenges of the twenty-first century.

     SECTION 2.  Chapter 302A, Hawaii Revised Statutes, is amended by adding a new subpart to part VI to be appropriately designated and to read as follows:

"     .   TWENTY-FIRST CENTURY SCHOOLS

     §302A-     Definitions.  As used in this part:

     "Public school lands" means all lands under the management of the department of education on or after July 1, 2013, that are used or dedicated for use for kindergarten, elementary, and secondary schools, and other facilities, including public libraries.  "Public school lands" shall not include lands owned by the federal government or any private person or entity.

     "Public school facilities redevelopment" includes the repair, modernization, and construction of public schools and public libraries, the use or lease of public school lands that are not required for the use of public schools, and the development of lands associated with the redevelopment of public school lands.

     §302A-     Twenty-first century schools; authorization to redevelop public school lands.  (a)  The department of education shall be the designated agency of the State to implement this subpart.

     (b)  The department shall act as the redevelopment authority to facilitate the redevelopment of certain public school lands as identified by the department and authorized by the board.  The redevelopment of public school lands shall be in accordance with the powers of the department as set forth in this subpart.

     §302A-     Contracts for redevelopment.  (a)  The board of education may contract with any private entity or other government agency for public school facilities redevelopment; provided that if the board contracts with the Hawaii community development authority to redevelop public school facilities, the redevelopment project shall not be subject to the exemptions allowed to the Hawaii community development authority under section 206E-7.

     (b)  The board shall award contracts for the redevelopment of public school facilities in accordance with the applicable provisions of chapter 103D.  

     §302A-     Public school facilities redevelopment guidance policies.  The following guidance policies generally shall govern the department's action in the redevelopment of public school lands:

     (1)  The redevelopment of public school lands shall be a means to advance public education and student achievement by funding twenty-first century school facilities through repair, modernization, and construction; and

     (2)  Modernizing and constructing public schools shall consider energy efficiency and other sustainability measures and offer the community multiple uses of existing structures.

     §302A-     Twenty-first century school sites and criteria.  (a)  The department shall identify sites and establish criteria, specifications, and standards for twenty-first century school projects.

     (b)  The board shall approve, approve with modification, or deny any twenty-first century school projects, including proposals to develop or redevelop public school lands or public school facilities.

     (c)  Except as otherwise limited by this subpart, in carrying out the purposes of this subpart, the department may:

     (1)  Make and execute contracts and all other instruments necessary or convenient for the exercise of its powers and functions;

     (2)  Adopt rules pursuant to chapter 91 for twenty-first century school projects, with respect to the projects, operations, properties, and facilities;

     (3)  Prepare or cause to be prepared a development plan for designated public school facilities redevelopment;

     (4)  Acquire, reacquire, or contract to acquire or reacquire by grant or purchase real, personal, or mixed property or any interest therein; to own, hold, clear, improve, and rehabilitate, and to sell, assign, exchange, transfer, convey, lease, or otherwise dispose of or encumber the same;

     (5)  Acquire or reacquire by condemnation real, personal, or mixed property or any interest therein for public school facilities redevelopment, including but not limited to streets, sidewalks, parks, schools, and other public improvements;

     (6)  Arrange or contract for the planning, replanning, opening, grading, or closing of streets, roads, roadways, alleys, or other places, or for the furnishing of facilities or for the acquisition of property or property rights or for the furnishing of property or services in connection with a twenty-first century school project;

     (7)  Prepare or cause to be prepared plans, specifications, designs, and estimates of costs for the construction, reconstruction, rehabilitation, improvement, alteration, or repair of any public school facilities as part of a twenty-first century schools project, and from time to time to modify those plans, specifications, designs, or estimates;

     (8)  Provide advisory, consultative, training, and educational services, technical assistance, and advice to any person, partnership, or corporation, either public or private, to carry out the purposes of this part, and engage the services of consultants on a contractual basis for rendering professional and technical assistance and advice;

     (9)  Obtain advisory, consultative, training, and educational services, technical assistance, and advice to any person, partnership, or corporation, either public or private, to carry out the purposes of this subpart, and engage the services of consultants on a contractual basis for rendering professional and technical assistance and advice;

    (10)  Procure insurance against any loss in connection with its property and other assets and operations in those amounts and from those insurers as it deems desirable;

    (11)  Contract for and accept gifts or grants in any form from any public agency or from any other source; and

    (12)  Do any and all things necessary to carry out its purposes and exercise the powers given and granted in this subpart.

     §302A-     Twenty-first century schools revolving fund; proceeds from public school lands.  (a)  There is established the twenty-first century schools revolving fund into which shall be deposited all proceeds from the use or redevelopment of public school lands, including but not limited to leases, permits, and interest income generated from public school lands and facilities, and other revenue generated from the non-permanent disposition of public school lands and facilities under this part.

     (b)  The twenty-first century schools revolving fund shall be administered by the department in consultation with the board.  Except as otherwise provided, all moneys in the twenty-first century schools revolving fund shall be used exclusively for public school facilities redevelopment pursuant to this subpart.

     §302A-     Designation as public school redevelopment district; limitations on number of projects.  For the purposes of this subpart, all public school lands subject to this chapter in the State are designated as a public school redevelopment district.  Any public school lands within the public school redevelopment district may be identified by the department for redevelopment as part of a twenty-first century school project pursuant to this subpart; provided that no more than five twenty-first century school projects may be developed pursuant to this subpart.

     §302A-     Rules; community engagement.  The department shall adopt rules for the public school redevelopment district, pursuant to chapter 91, and shall integrate a community engagement process in its redevelopment activities under this subpart."

     SECTION 3.  There is appropriated out of the general revenues of the State of Hawaii the sum of $           or so much thereof as may be necessary for fiscal year 2013-2014 and the same sum or so much thereof as may be necessary for fiscal year 2014-2015 for purposes of implementing this Act.

     The sums appropriated shall be expended by the department of education.

     SECTION 4.  This Act shall take effect on July 1, 2112.


 


 

Report Title:

Twenty-first Century Schools; DOE; Appropriation

 

Description:

Establishes framework for the development of twenty-first century schools through the redevelopment of public school lands by the DOE. Makes an appropriation.  Effective 7/1/2112. (HD1)

 

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