Bill Text: HI HB2408 | 2024 | Regular Session | Introduced
Bill Title: Relating To Climate.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2024-01-26 - Referred to EEP, FIN, referral sheet 3 [HB2408 Detail]
Download: Hawaii-2024-HB2408-Introduced.html
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
2408 |
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THIRTY-SECOND LEGISLATURE, 2024 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO CLIMATE.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
The legislature recognizes that combating climate change
requires able leadership at the state level to take meaningful and proactive action
to combat this state crisis, promote renewable energy, and build a clean energy
economy. The legislature further finds
that a senior advisor on climate is necessary to serve as a principal leader in
the areas of state energy and climate to reduce the effects of climate
change. In addition, a senior advisor on
climate position would be critical to state, county, and federal leadership
collaborative policies and actions in addressing climate change.
The
purpose of this Act is to establish a senior advisor on
climate position within the office of planning and sustainable development
to serve in an advisory role in providing guidance to the governor in reducing
climate change and addressing the impacts of the climate crisis on the State.
SECTION
2. Chapter 225M, Hawaii Revised
Statutes, is amended by adding a new section to be appropriately designated and
to read as follows:
"§225M-
Senior advisor on
climate; established. (a) There is established the position of senior
advisor on climate, which shall be placed within the office of planning and
sustainable development and report to the governor.
(b) The senior advisor on climate shall:
(1) Serve in an advisory role in
providing guidance to the governor in reducing climate change and addressing
the impacts of the climate crisis on the State;
(2) Advise the governor on
priorities, policies, initiatives, and areas related to climate change;
(3) Help integrate climate
solutions, including adaptation and mitigation strategies across state
departments and agencies;
(4) Assist in the coordination
and implementation of funding and policies for clean energy, climate, and
resiliency initiatives;
(5) Foster collaboration on
climate initiatives across state departments and agencies, federal and county
governments, and the private and nonprofit sectors; and
(6) Serve as a member on the Hawaii
climate change mitigation and adaptation commission.
(c) The senior advisor on climate shall be
nominated by the governor and, by and with the advice and consent of the
senate, appointed by the governor without regard to chapters 76 and 89.
(d) The senior advisor
on climate shall hold office for a term to expire at the end of the term for
which the governor was elected, unless sooner removed by the governor."
SECTION
3. Section 76-16, Hawaii Revised
Statutes, is amended by amending subsection (b) to read as follows:
"(b) The civil service to which this chapter
applies shall comprise all positions in the State now existing or hereafter
established and embrace all personal services performed for the State, except
the following:
(1) Commissioned and enlisted personnel of the Hawaii National Guard as such, and positions in the Hawaii National Guard that are required by state or federal laws or regulations or orders of the National Guard to be filled from those commissioned or enlisted personnel;
(2) Positions filled by persons
employed by contract where the director of human resources development has
certified that the service is special or unique or is essential to the public
interest and that, because of circumstances surrounding its fulfillment,
personnel to perform the service cannot be obtained through normal civil
service recruitment procedures. Any such
contract may be for any period not exceeding one year;
(3) Positions that must be
filled without delay to comply with a court order or decree if the director
determines that recruitment through normal recruitment civil service procedures
would result in delay or noncompliance, such as the Felix-Cayetano consent decree;
(4) Positions filled by the
legislature or by either house or any committee thereof;
(5) Employees in the office of
the governor and office of the lieutenant governor, and household employees at
Washington Place;
(6) Positions filled by popular
vote;
(7) Department heads, officers,
and members of any board, commission, or other state agency whose appointments
are made by the governor or are required by law to be confirmed by the senate;
(8) Judges, referees, receivers,
masters, jurors, notaries public, land court examiners, court commissioners,
and attorneys appointed by a state court for a special temporary service;
(9) One bailiff for the chief
justice of the supreme court who shall have the powers and duties of a court
officer and bailiff under section 606-14; one secretary or clerk for each
justice of the supreme court, each judge of the intermediate appellate court,
and each judge of the circuit court; one secretary for the judicial council;
one deputy administrative director of the courts; three law clerks for the
chief justice of the supreme court, two law clerks for each associate justice
of the supreme court and each judge of the intermediate appellate court, one
law clerk for each judge of the circuit court, two additional law clerks for the
civil administrative judge of the circuit court of the first circuit, two
additional law clerks for the criminal administrative judge of the circuit
court of the first circuit, one additional law clerk for the senior judge of
the family court of the first circuit, two additional law clerks for the civil
motions judge of the circuit court of the first circuit, two additional law
clerks for the criminal motions judge of the circuit court of the first
circuit, and two law clerks for the administrative judge of the district court
of the first circuit; and one private secretary for the administrative director
of the courts, the deputy administrative director of the courts, each
department head, each deputy or first assistant, and each additional deputy, or
assistant deputy, or assistant defined in paragraph (16);
(10) First deputy and deputy
attorneys general, the administrative services manager of the department of the
attorney general, one secretary for the administrative services manager, an
administrator and any support staff for the criminal and juvenile justice
resources coordination functions, and law clerks;
(11) (A) Teachers, principals, vice-principals,
complex area superintendents, deputy and assistant superintendents,
other certificated personnel, no more than twenty noncertificated
administrative, professional, and technical personnel not engaged in
instructional work;
(B) Effective July 1, 2003,
teaching assistants, educational assistants, bilingual/bicultural school-home
assistants, school psychologists, psychological examiners, speech pathologists,
athletic health care trainers, alternative school work study assistants,
alternative school educational/supportive services specialists, alternative school
project coordinators, and communications aides in the department of education;
(C) The special assistant to the
state librarian and one secretary for the special assistant to the state
librarian; and
(D) Members of the faculty of
the University of Hawaii, including research workers, extension agents,
personnel engaged in instructional work, and administrative, professional, and
technical personnel of the university;
(12) Employees engaged in special, research, or demonstration projects approved by the governor;
(13) (A) Positions filled by inmates, patients
of state institutions, persons with
severe physical or mental disabilities participating in the work experience
training programs;
(B) Positions filled with
students in accordance with guidelines for established state employment
programs; and
(C) Positions that provide work
experience training or temporary public service employment that are filled by
persons entering the workforce or persons transitioning into other careers
under programs such as the federal Workforce Investment Act of 1998, as
amended, or the Senior Community Service Employment Program of the Employment
and Training Administration of the United States Department of Labor, or under
other similar state programs;
(14) A custodian or guide at Iolani Palace, the Royal Mausoleum, and Hulihee Palace;
(15) Positions filled by persons
employed on a fee, contract, or piecework basis, who may lawfully perform their
duties concurrently with their private business or profession or other private
employment and whose duties require only a portion of their time, if it is
impracticable to ascertain or anticipate the portion of time to be devoted to
the service of the State;
(16) Positions of first deputies
or first assistants of each department head appointed under or in the manner
provided in section 6, article V, of the Hawaii State Constitution; three
additional deputies or assistants either in charge of the highways, harbors,
and airports divisions or other functions within the department of
transportation as may be assigned by the director of transportation, with the
approval of the governor; one additional deputy in the department of human
services either in charge of welfare or other functions within the department
as may be assigned by the director of human services; four additional deputies
in the department of health, each in charge of one of the following: behavioral
health, environmental health, hospitals, and health resources administration,
including other functions within the department as may be assigned by the
director of health, with the approval of the governor; two additional deputies
in charge of the law enforcement programs, administration, or other functions
within the department of law enforcement as may be assigned by the director of
law enforcement, with the approval of the governor; three additional deputies
each in charge of the correctional institutions, rehabilitation services and
programs, and administration or other functions within the department of
corrections and rehabilitation as may be assigned by the director of
corrections and rehabilitation, with the approval of the governor; an
administrative assistant to the state librarian; and an administrative
assistant to the superintendent of education;
(17) Positions specifically exempted from this part by any other law; provided that:
(A) Any exemption created after July 1, 2014, shall expire three years after its enactment unless affirmatively extended by an act of the legislature; and
(B) All of the positions defined by paragraph (9) shall be included in the position classification plan;
(18) Positions in the state foster grandparent program and positions for temporary employment of senior citizens in occupations in which there is a severe personnel shortage or in special projects;
(19) Household employees at the
official residence of the president of the University of Hawaii;
(20) Employees in the department
of education engaged in the supervision of students during meal periods in the
distribution, collection, and counting of meal tickets, and in the cleaning of
classrooms after school hours on a less than half-time basis;
(21) Employees hired under the
tenant hire program of the Hawaii public housing authority; provided that not more
than twenty-six per cent of the authority's workforce in any housing project
maintained or operated by the authority shall be hired under the tenant hire
program;
(22) Positions of the federally
funded expanded food and nutrition program of the University of Hawaii that
require the hiring of nutrition program assistants who live in the areas they
serve;
(23) Positions filled by persons
with severe disabilities who are certified by the state vocational
rehabilitation office that they are able to perform safely the duties of the
positions;
(24) The sheriff;
(25) A gender and other fairness
coordinator hired by the judiciary;
(26) Positions in the Hawaii
National Guard youth and adult education programs;
(27) In the state energy office
in the department of business, economic development, and tourism, all energy
program managers, energy program specialists, energy program assistants, and
energy analysts;
(28) Administrative appeals
hearing officers in the department of human services;
(29) In the Med-QUEST division of
the department of human services, the division administrator, finance officer,
health care services branch administrator, medical director, and clinical
standards administrator;
(30) In the director's office of
the department of human services, the enterprise officer, information security
and privacy compliance officer, security and privacy compliance engineer,
security and privacy compliance analyst, information technology implementation
manager, assistant information technology implementation manager, resource
manager, community/project development director, policy director, special
assistant to the director, and limited English proficiency project
manager/coordinator;
(31) The Alzheimer's disease and
related dementia services coordinator in the executive office on aging;
(32) In the Hawaii emergency
management agency, the executive officer, public information officer, civil
defense administrative officer, branch chiefs, and emergency operations center
state warning point personnel; provided that for state warning point personnel,
the director shall determine that recruitment through normal civil service
recruitment procedures would result in delay or noncompliance;
(33) The executive director and
seven full-time administrative positions of the school facilities authority;
(34) Positions in the Mauna Kea
stewardship and oversight authority;
(35) In the office of homeland
security of the department of law enforcement, the statewide interoperable
communications coordinator; [and]
(36) In the social services
division of the department of human services, the business technology analyst[.];
and
(37) In the office of planning and sustainable development, the senior advisor on climate.
The director shall determine the applicability of this section to specific positions.
Nothing in this section shall be deemed to affect the civil
service status of any incumbent as it existed on July 1, 1955."
SECTION
4. Section 225P-3, Hawaii Revised
Statutes, is amended by amending subsection (c) to read as follows:
"(c) The commission shall include the following members:
(1) The chairs of the standing committees of the legislature with subject matter jurisdiction encompassing environmental protection and land use;
(2) The chairperson of the board
of land and natural resources or the chairperson's designee, who shall be the
co-chair of the commission;
(3) The director of the office
of planning and sustainable development or the director's designee, who shall
be the co-chair of the commission;
(4) The director of business,
economic development, and tourism or the director's designee;
(5) The chairperson of the board
of directors of the Hawaii tourism authority or the chairperson's designee;
(6) The chairperson of the board
of agriculture or the chairperson's designee;
(7) The chief executive officer
of the office of Hawaiian affairs or the officer's designee;
(8) The chairperson of the Hawaiian
homes commission or the chairperson's designee;
(9) The director of
transportation or the director's designee;
(10) The director of health or
the director's designee;
(11) The adjutant general or the
adjutant general's designee;
(12) The chairperson of the board
of education or the chairperson's designee;
(13) The senior advisor on
climate;
[(13)] (14) The directors of each
of the county planning departments, or the directors' designees; and
[(14)] (15) The manager of the coastal zone management
program."
SECTION 5. There is appropriated out of the general revenues of the State of Hawaii the sum of $175,000 or so much thereof as may be necessary for fiscal year 2024-2025 for the establishment of the one full-time equivalent (1.00 FTE) permanent senior advisor on climate position.
The sum appropriated shall
expended by the department of business, economic development, and tourism for
the purposes of this Act.
SECTION 6. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 7. This Act shall take effect upon its approval; provided that section 5 shall take effect on July 1, 2024.
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INTRODUCED BY: |
_____________________________ |
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BY REQUEST |
Report Title:
OPSD; Senior Advisor on Climate; Climate Change; Civil Service Exemption; Appropriation
Description:
Establishes the senior advisor on climate position within the Office of Planning and Sustainable Development. Makes the senior advisor on climate a member of the Hawaii Climate Change Mitigation and Adaptation Commission. Appropriates funds.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
