Bill Text: HI HB2462 | 2016 | Regular Session | Introduced
Bill Title: Air Conditioning for Public Schools; General Obligation Bonds; Appropriation; Special Fund; Environmental Response, Energy, and Food Security Tax ($)
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2016-02-01 - Referred to EDN, FIN, referral sheet 5 [HB2462 Detail]
Download: Hawaii-2016-HB2462-Introduced.html
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
2462 |
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TWENTY-EIGHTH LEGISLATURE, 2016 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
relating to air conditioning for public schools.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
PART I
SECTION 1. Chapter 302A, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:
"§302A- Air conditioning for public schools special fund. (a) There is established the air conditioning for public schools special fund to be administered by the department.
(b) Environmental response, energy, and food security tax revenues allocated to the air conditioning for public schools special fund pursuant to section 243-3.5 shall be deposited into the special fund. All interest earned on the moneys in the special fund shall be credited to the special fund.
(c) Moneys in the air conditioning for public schools special fund shall be expended to reimburse the state general fund for payment of debt service on general obligation bonds issued to install air conditioning at all public schools.
(d) At the end of each fiscal quarter after general obligation bonds have been issued to finance the installation of air conditioning in public schools and upon a showing by the director of finance of the debt service incurred by the general fund, the department shall transfer the amount owed to the director of finance for deposit into the general fund.
(e) Upon reimbursement to the state general fund of all debt service on general obligation bonds issued to install air conditioning at all public schools, any unencumbered and unexpended moneys in the air conditioning for public schools special fund shall be transferred to the general fund."
SECTION 2. Section 36-27, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:
"(a) Except as provided in this section, and notwithstanding any other law to the contrary, from time to time, the director of finance, for the purpose of defraying the prorated estimate of central service expenses of government in relation to all special funds, except the:
(1) Special out-of-school time instructional program fund under section 302A-1310;
(2) School cafeteria special funds of the department of education;
(3) Special funds of the University of Hawaii;
(4) State educational facilities improvement special fund;
(5) Convention center enterprise special fund under section 201B-8;
(6) Special funds established by section 206E-6;
(7) Aloha Tower fund created by section 206J-17;
(8) Funds of the employees' retirement system created by section 88-109;
(9) Hawaii hurricane relief fund established under chapter 431P;
(10) Hawaii health systems corporation special funds and the subaccounts of its regional system boards;
(11) Tourism special fund established under section 201B‑11;
(12) Universal service fund established under section 269‑42;
(13) Emergency and budget reserve fund under section 328L‑3;
(14) Public schools special fees and charges fund under section 302A-1130;
(15) Sport fish special fund under section 187A-9.5;
[[](16)[]] Neurotrauma special fund under
section 321H-4;
[[](17)[]] Glass advance disposal fee
established by section 342G-82;
[[](18)[]] Center for nursing special fund
under section 304A‑2163;
[[](19)[]] Passenger facility charge
special fund established by section 261-5.5;
[[](20)[]] Solicitation of funds for
charitable purposes special fund established by section 467B-15;
[[](21)[]] Land conservation fund
established by section 173A‑5;
[[](22)[]] Court interpreting services
revolving fund under section 607-1.5;
[[](23)[]] Trauma system special fund under
section 321-22.5;
[[](24)[]] Hawaii cancer research special
fund;
[[](25)[]] Community health centers special
fund;
[[](26)[]] Emergency medical services
special fund;
[[](27)[]] Rental motor vehicle customer
facility charge special fund established under section 261-5.6;
[[](28)[]] Shared services technology special
fund under section 27-43;
[[](29)[]] Automated victim information and
notification system special fund established under section 353-136;
[[](30)[]] Deposit beverage container
deposit special fund under section 342G-104;
[[](31)[]] Hospital sustainability program
special fund under Act 217, Session Laws of Hawaii 2012, as amended;
[[](32)[]] Nursing facility sustainability
program special fund under Act 156, Session Laws of Hawaii 2012;
[[](33)[]] Hawaii 3R's school improvement
fund under section 302A-1502.4;
[[](34)[]] After-school plus program revolving
fund under section 302A-1149.5; [and]
[[](35)[]] Civil monetary penalty special
fund under section 321-30.2[,]; and
(36) Air conditioning for public schools special fund under section 302A- ,
shall deduct five per cent of all receipts of all other special funds, which deduction shall be transferred to the general fund of the State and become general realizations of the State. All officers of the State and other persons having power to allocate or disburse any special funds shall cooperate with the director in effecting these transfers. To determine the proper revenue base upon which the central service assessment is to be calculated, the director shall adopt rules pursuant to chapter 91 for the purpose of suspending or limiting the application of the central service assessment of any fund. No later than twenty days prior to the convening of each regular session of the legislature, the director shall report all central service assessments made during the preceding fiscal year."
SECTION 3. Section 36-30, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:
"(a) Each special fund, except the:
(1) Special out-of-school time instructional program fund under section 302A-1310;
(2) School cafeteria special funds of the department of education;
(3) Special funds of the University of Hawaii;
(4) State educational facilities improvement special fund;
(5) Special funds established by section 206E-6;
(6) Aloha Tower fund created by section 206J-17;
(7) Funds of the employees' retirement system created by section 88-109;
(8) Hawaii hurricane relief fund established under chapter 431P;
(9) Convention center enterprise special fund established under section 201B-8;
(10) Hawaii health systems corporation special funds and the subaccounts of its regional system boards;
(11) Tourism special fund established under section 201B‑11;
(12) Universal service fund established under section 269‑42;
(13) Emergency and budget reserve fund under section 328L‑3;
(14) Public schools special fees and charges fund under section 302A-1130;
(15) Sport fish special fund under section 187A-9.5;
[[](16)[]] Neurotrauma special fund under
section 321H-4;
[[](17)[]] Center for nursing special fund
under section 304A‑2163;
[[](18)[]] Passenger facility charge
special fund established by section 261-5.5;
[[](19)[]] Court interpreting services
revolving fund under section 607-1.5;
[[](20)[]] Trauma system special fund under
section 321-22.5;
[[](21)[]] Hawaii cancer research special
fund;
[[](22)[]] Community health centers special
fund;
[[](23)[]] Emergency medical services
special fund;
[[](24)[]] Rental motor vehicle customer
facility charge special fund established under section 261-5.6;
[[](25)[]] Shared services technology special
fund under section 27-43;
[[](26)[]] Nursing facility sustainability
program special fund established pursuant to Act 156, Session Laws of Hawaii
2012;
[[](27)[]] Automated victim information and
notification system special fund established under section 353-136;
[[](28)[]] Hospital sustainability program
special fund under Act 217, Session Laws of Hawaii 2012, as amended; [and]
[[](29)[]] Civil monetary penalty special
fund under section 321-30.2[,]; and
(30) Air conditioning for public schools special fund under section 302A- ,
shall be responsible for its pro rata share of the administrative expenses incurred by the department responsible for the operations supported by the special fund concerned."
SECTION 4. Section 243-3.5, Hawaii Revised Statutes, is amended by amending subsections (a) and (b) to read as follows:
"(a) In addition to any other taxes provided by law, subject to the exemptions set forth in section 243-7, there is hereby imposed a state environmental response, energy, and food security tax on each barrel or fractional part of a barrel of petroleum product sold by a distributor to any retail dealer or end user of petroleum product, other than a refiner. The tax shall be $1.05 on each barrel or fractional part of a barrel of petroleum product that is not aviation fuel; provided that of the tax collected pursuant to this subsection:
(1) 5 cents of the tax on each barrel shall be deposited into the environmental response revolving fund established under section 128D-2;
(2) 15 cents of the tax on each barrel shall be deposited into the energy security special fund established under section 201-12.8;
(3) 10 cents of the
tax on each barrel shall be deposited into the energy systems development
special fund established under section 304A-2169.1; [and]
(4) 15 cents of the
tax on each barrel shall be deposited into the agricultural development and
food security special fund established under section 141-10[.]; and
(5) cents of the tax on each barrel shall be deposited into the air conditioning for public schools special fund established under section 302A‑ .
The tax imposed by this subsection shall be paid by the distributor of the petroleum product.
(b) In addition to subsection (a), the tax shall also be imposed on each one million British thermal units of fossil fuel sold by a distributor to any retail dealer or end user, other than a refiner, of fossil fuel. The tax shall be 19 cents on each one million British thermal units of fossil fuel; provided that of the tax collected pursuant to this subsection:
(1) 4.8 per cent of the tax on each one million British thermal units shall be deposited into the environmental response revolving fund established under section 128D-2;
(2) 14.3 per cent of the tax on each one million British thermal units shall be deposited into the energy security special fund established under section 201-12.8;
(3) 9.5 per cent of
the tax on each one million British thermal units shall be deposited into the
energy systems development special fund established under section 304A-2169.1; [and]
(4) 14.3 per cent
of the tax on each one million British thermal units shall be deposited into
the agricultural development and food security special fund established under
section 141-10[.]; and
(5) per cent of the tax on each one million British thermal units shall be deposited into the air conditioning for public schools special fund established under section 302A- .
The tax imposed by this subsection shall be paid by the distributor of the fossil fuel."
PART II
SECTION 5. The director of finance is authorized to issue general obligation bonds in the sum of $ or so much thereof as may be necessary and the same sum or so much thereof as may be necessary is appropriated for fiscal year 2016-2017 for the purpose of installing air conditioning in all public schools in the State.
SECTION 6. The director of finance is authorized to issue general obligation bonds in the sum of $ or so much thereof as may be necessary and the same sum or so much thereof as may be necessary is appropriated for fiscal year 2017-2018 for the purpose of installing air conditioning in all public schools in the State.
SECTION 7. The director of finance is authorized to issue general obligation bonds in the sum of $ or so much thereof as may be necessary and the same sum or so much thereof as may be necessary is appropriated for fiscal year 2018-2019 for the purpose of installing air conditioning in all public schools in the State.
SECTION 8. The director of finance is authorized to issue general obligation bonds in the sum of $ or so much thereof as may be necessary and the same sum or so much thereof as may be necessary is appropriated for fiscal year 2019-2020 for the purpose of installing air conditioning in all public schools in the State.
SECTION 9. The director of finance is authorized to issue general obligation bonds in the sum of $ or so much thereof as may be necessary and the same sum or so much thereof as may be necessary is appropriated for fiscal year 2020-2021 for the purpose of installing air conditioning in all public schools in the State.
SECTION 10. The sums appropriated shall be expended by the department of education for the purposes of this Act.
SECTION 11. The appropriations made for the capital improvement project authorized by this Act shall not lapse at the end of the fiscal biennium for which the appropriation is made; provided that all moneys from the appropriations unencumbered as of June 30, 2021, shall lapse as of that date.
PART III
SECTION 12. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 13. This Act shall take effect on July 1, 2016.
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INTRODUCED BY: |
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Report Title:
Air Conditioning for Public Schools; General Obligation Bonds; Appropriation; Special Fund; Environmental Response, Energy, and Food Security Tax
Description:
Authorizes the issuance of general obligation bonds and appropriates funds for the installation of air conditioning in all public schools in the State over 5 fiscal years. Establishes a special fund to be used to reimburse the general fund for payment of debt service on the general obligation bonds. Allocates a portion of environmental response, energy, and food security tax revenues to the special fund.
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
