Hawaii-2018-HB2547-Amended

SECTION 1. This Act shall be known and cited as the "Hawaii Sustainability Act."

SECTION 2. The legislature finds that not only is climate change real and occurring, but it is also the overriding challenge of the twenty-first century and one of the priority issues of the State. Climate change poses immediate and long-term threats to the State's economy, sustainability, security, and way of life.

The legislature recognized in Act 8, Special Session Laws of Hawaii 2005, that "many quality-of-life issues, including water quality, air quality, land use, energy, and ocean resources, are important to the people of Hawaii and should be the focus for planning Hawaii's future" and created the Hawaii 2050 task force and the Hawaii 2050 sustainability plan to "coordinate the actions needed to sustain a growing and vibrant economy, while maintaining a high quality of life for all residents and visitors".

The legislature recognized in Act 181, Session Laws of Hawaii 2011, that the "creation of the Hawaii 2050 sustainability plan comes as the State faces a growing number of pressing issues, including the steady deterioration of public infrastructure, the lack of affordable housing, a continued reliance on a service-based economy, the vulnerability of Hawaii in a volatile global energy market, possible interruptions in travel and to critical food supplies, threats to fragile island ecosystems, ever-increasing numbers of residents, and an increasing number of visitors over the long-term. These issues all raise questions about the long-term limits of growth in the State and highlight the need to begin planning and acting to assure Hawaii's future."

The purpose of this Act is to establish a stronger policy framework for Hawaii's sustainability efforts, including an office of sustainability to ensure long-term planning, coordination, and implementation of Hawaii's sustainability goals and policies.

SECTION 3. The Hawaii Revised Statutes is amended by adding a new chapter to be appropriately designated and to read as follows:

"CHAPTER

HAWAII SUSTAINABILITY ACT; OFFICE OF SUSTAINABILITY;

STATE SUSTAINABILITY SPECIAL FUND

§225- Definitions. As used in this chapter:

"Director" means the director of the office of sustainability.

"Office" means the office of sustainability.

"Sustainability" means using, developing, and protecting resources in a manner that enables individuals to meet current needs and ensures that future generations can also meet their needs, from the joint perspective of environmental, economic, and community objectives.

§225- Findings and goals regarding sustainability. In addition to the priority guidelines and principles to promote sustainability set forth in section 226-108, the following criteria shall be the goals for the State regarding sustainability:

(1) In conducting internal operations, state agencies shall, in cooperation with the office of sustainability and the state sustainability coordinator, seek to achieve the following objectives:

(A) State purchases shall be made in a manner that serves the broad, long-term financial interests of the State, including ensuring that environmental, economic, and societal improvements are made to enhance environmental, economic, and societal well-being;

(B) Investments in facilities, equipment, and durable goods shall reflect the highest feasible efficiency and lowest life-cycle costs;

(D) State operations shall be located in diverse locations, including rural and economically distressed communities;

(E) State operations and purchases shall help maintain vital and active urban communities, including downtowns;

(F) State purchases shall support opportunities for economically distressed communities and historically underemployed individuals;

(G) State operations shall reflect partnerships with communities and businesses;

(H) State operations shall help reduce adverse effects on native habitats and species and help restore ecological processes;

(I) State operations shall be conducted in ways that significantly increase the efficient use of energy, water, and other resources; and

(J) State operations and purchases shall reflect the efficient use and reuse of resources and reduction of contaminants released into the environment;

(2) In supporting sustainable communities, state agencies shall seek to enable and encourage local communities to achieve the following objectives:

(A) Resilient local economies that provide a diversity of economic opportunities for all residents;

(B) Workers supported by lifelong education to ensure a globally competitive workforce;

(D) Youth supported by strong families and communities;

(E) Urban communities, including downtowns, that are active and vital;

(F) Development that wisely and efficiently uses infrastructure investments and natural resources;

(G) Affordable housing available for residents in community centers;

(H) Healthy urban and rural watersheds, including habitats for fish and wildlife;

(I) Clean and sufficient water for all uses; and

(J) Efficient use and reuse of resources and minimization of harmful emissions into the environment; and

(3) Intensification of efforts to increase the economic stability of communities designated as economically distressed.

§225- Office of sustainability; established. (a) There is established within the department of business, economic development, and tourism, an office of sustainability to increase economic development, while developing and protecting resources in a manner that enables individuals to meet current needs and ensures that future generations can also meet their needs, from the joint perspective of environmental, economic, and community objectives through collaboration and cooperation between the public and private sectors.

(b) The office of sustainability shall be headed by a director. The director shall possess:

(1) Training in the field of urban and regional planning, public administration, or other related fields;

(2) Experience in programs or services related to governmental planning, sustainability planning, and planning coordination; and

(3) Experience in a supervisory or administrative capacity.

The director shall be appointed by the governor without regard to chapter 76 and shall be compensated at a rate determined by the governor.

(c) The director shall be included in any benefit program generally applicable to officers and employees of the State. The director shall hire such staff as may be necessary for the purposes of this chapter, in accordance with chapter 76.

§225- Office of sustainability; duties. The office of sustainability:

(1) Shall create a strategic plan that includes:

(A) Objectives and goals for the office and criteria to measure the goals;

(B) The necessary finances to establish and maintain the office;

(D) The necessary finances to develop, implement, and maintain the potential public-private projects;

(2) Shall gather, analyze, and provide information to the governor to assist in the overall analysis and formulation of state policies and strategies to provide central coordination and cohesion in the allocation of resources and effectuation of state activities and programs, and effectively address current or emerging sustainability issues and opportunities;

(3) Shall identify, evaluate, make recommendations regarding, and propose legislation, regulatory changes, or policy modifications to the governor, the legislature, government agencies, private entities, and other bodies for the purpose of encouraging activities that best sustain, protect, and enhance the quality of the environment, economy, and community for the present and future benefit of the people of Hawaii;

(4) Shall develop and promote policies and programs that assist in the meeting of sustainability goals established in this chapter and the priority guidelines and principles to promote sustainability set forth in section 226-108;

(5) Shall submit to the legislature an annual report on the office's activities and policy recommendations no later than twenty days prior to the convening of each regular session;

(6) May apply for and accept, from whatever source, appropriations, gifts or grants of money, or other property;

(7) Shall consult with and seek comment from trade associations, organizations, businesses, and other groups and individuals representing pertinent interests as part of developing its recommendations;

(8) Shall develop and promote proposals that jointly and mutually enhance local economies, the environment, and community health for the present and future benefit of the people of Hawaii; and

(9) May contract with public agencies and private entities and persons for special research and sustainability planning assistance.

Nothing in this section shall be construed to discourage or prohibit any person or organization from discussing or proposing mechanisms, including the modification of tax policies, to promote sustainability.

§225- Office of sustainability; cooperation. The office of sustainability shall seek the widest possible cooperation from public agencies, including the federal government, as well as private entities and individuals to achieve the purposes of this chapter. It shall work closely with and assist the counties in the promotion of coordinated state and county sustainability planning.

Every federal, state, or county agency, and every private entity or individual that provides sustainability planning programs and services shall be encouraged to participate actively in the activities of the office. The executive heads of all state departments and agencies shall cooperate with the office by providing information to it, as the governor and the director of business, economic development, and tourism deem necessary for the effective discharge of its duties.

Nothing in this section shall be construed to delegate or detract in any way from the functions, powers, and duties conferred by law on any department or agency of the State or county.

§225- State sustainability special fund. (a) There is established the state sustainability special fund, into which shall be deposited the following moneys:

(1) Investment earnings, gifts, donations, or other income received by the office of sustainability;

(2) Any rebates, grants, or incentives associated with sustainability measures; and

(3) Capital appropriations for sustainability measures.

(b) Moneys in the state sustainability special fund shall be used to support:

(1) The work and operations of the office of sustainability; and

(2) Sustainability initiatives, projects, and services.

(c) The department of business, economic development, and tourism shall adopt rules in accordance with chapter 91 to implement this section."

SECTION 4. There is appropriated out of the general revenues of the State of Hawaii the sum of $2,000,000 or so much thereof as may be necessary for fiscal year 2018-2019 to be deposited into the state sustainability special fund.

SECTION 5. There is appropriated out of the state sustainability special fund the sum of $2,000,000 or so much thereof as may be necessary for fiscal year 2018-2019 to:

(1) Establish and hire a full-time equivalent (1.00 FTE) director of the office of sustainability position pursuant to this Act; provided that the sustainability coordinator position shall be transferred from the office of planning;

(2) Establish and hire one full-time equivalent (1.00 FTE) sustainability planning administrator position; provided that the position may be added to the position count for the department of business, economic development, and tourism;

(3) Establish and fill four full-time equivalent (4.00 FTE) planner V positions; provided that the positions may be added to the position count for the department of business, economic development, and tourism;

(4) Establish and fill one full-time equivalent (1.00 FTE) secretary III position; provided that the position may be added to the position count for the department of business, economic development, and tourism; and

(5) Establish and operate the office of sustainability.

The sum appropriated shall be expended by the department of business, economic development, and tourism for the purposes of this Act.

SECTION 6. This Act shall take effect on January 28, 2045.

HOUSE OF REPRESENTATIVES	H.B. NO.	2547
TWENTY-NINTH LEGISLATURE, 2018		H.D. 1
STATE OF HAWAII