Hawaii-2021-SB935-Amended

SECTION 1. The legislature finds that the aerospace industry has played a pivotal role in expanding and diversifying the national economy by forging new inroads to scientific discovery, advancing national engineering and manufacturing expertise, pioneering innovations in communications and computer technologies, enhancing surveillance of our home planet, and enabling better understanding of weather systems and climate change. Today, the aerospace industry holds great potential to enable future innovation in science and technology. Hawaii's strategic near-equatorial location, substantial telemetry, space surveillance, Moon- and Mars-like terrain, resident expertise in a broad range of aerospace-related technologies, and long-standing ties with space-faring nations throughout the Asia-Pacific region are strategic assets and capabilities that can be leveraged to help realize humankind's full potential in space, and in so doing establish the State as a major contributor to and beneficiary of global space enterprise. Historically, Hawaii has played a seminal role in developing the nation's space program through astronaut training and the development of world-class observatories. Today, Hawaii continues to support national space efforts through a wide range of aerospace-related activities on all major islands, including the Mauna Kea science reserve on Hawaii island, the Air Force Maui optical and supercomputing observatory on Maui, the university of Hawaii's institute for astronomy and Hawaii institute for geophysics and planetology on Oahu, and the Pacific missile range facility on Kauai.

The legislature further finds that the office of aerospace development, in the department of business, economic development, and tourism, provides a focal point within state government to facilitate dialogue and coordination among Hawaii's public, private, and academic sectors, and between state-based entities and public and private overseas organizations to promote the growth and diversification of Hawaii's aerospace industry. However, there is a need to collect baseline and historical data regarding the aerospace industry's contribution to job creation, further developing a strong aerospace industry in the State. By combining the office of aerospace development and Pacific international space center for exploration systems, the State can more efficiently direct its resources in the field of aerospace to further address these needs.

The purpose of this Act is to:

(1) Establish the office of aerospace development in the Hawaii technology development corporation, rather than in the department of business, economic development, and tourism;

(2) Repeal all statutory provisions pertaining to the Pacific international space center for exploration systems; and

(3) Transfer the rights, powers, functions, and duties of the Pacific international space center for exploration systems to the office of aerospace development.

SECTION 2. Chapter 206M, Hawaii Revised Statutes, is amended by adding a new part to be appropriately designated and to read as follows:

"Part . Office of aerospace development

§206M- Definitions. As used in this part:

"Committee" means the aerospace advisory committee.

"Director" means the director of the office of aerospace development.

"Office" means the office of aerospace development.

§206M- Office of aerospace development; establishment. (a) There is established an office of aerospace development in the Hawaii technology development corporation.

(b) The head of the office shall be known as the director of the office of aerospace development, hereafter referred to as director. The director shall have experience, knowledge, and expertise in space-related activities and development. The director shall be appointed by the committee without regard to chapter 76.

(d) The director and employees of the office shall be included in any benefit program generally applicable to the officers and employees of the State.

§206M- Aerospace advisory committee. (a) There is established an aerospace advisory committee within the office for administrative purposes. The committee shall be composed of nine members appointed by the governor, as provided in section 26-34, except as otherwise provided in this section. Of the nine members:

(1) Four members shall be representatives of the aerospace industry. Of these members, two shall be appointed from a list of nominees submitted by the president of the senate, and two shall be appointed from a list of nominees submitted by the speaker of the house of representatives;

(2) Four members shall represent the economic development boards of Hawaii, Kauai, Maui, and Oahu respectively, to be appointed, respectively, from a list of nominees submitted by each of these economic development boards; and

(3) One member shall represent the university of Hawaii system and shall be appointed from a list of nominees submitted by the university of Hawaii at Manoa, university of Hawaii at Hilo, and university of Hawaii community college system.

The committee shall elect one of its members to serve as the chairperson.

(b) All members shall serve for a term of four years. Any vacancies occurring in the membership of the committee shall be filled for the remainder of the unexpired term in the same manner as the original appointments.

(c) The purpose of the committee shall be to advise and assist the legislature and state agencies in monitoring, assessing, and promoting aerospace development statewide by:

(1) Tracking state, national, and global trends and priorities in aerospace development;

(2) Assisting in identifying and promoting opportunities to expand and diversify aerospace development and aerospace-related industries in the State;

(3) Supporting the office's effort in networking with national and international aerospace agencies, institutions, and organizations to develop public-private partnerships to support the growth of aerospace development and aerospace-related industries in the State;

(4) Recommending innovative scientific, educational, and economic strategies and government and education policies to promote the growth and diversification of the aerospace industry in this State; and

(5) Appointing temporary working groups, as deemed appropriate in the committee's discretion, to assist the office in research and analysis activities required to complete any report to be submitted to the legislature and the governor by the office.

(d) Members of the committee shall receive no compensation but may be reimbursed for necessary expenses, including travel expenses, incurred in the performance of their duties as members of the committee.

(e) The committee shall convene for quarterly meetings in the city and county of Honolulu; provided that any member who is not in the State may attend a meeting by teleconference.

(f) Administrative support to the committee, including the development and dissemination of reports and advisory opinions, shall be provided by the development corporation.

§206M- Powers and duties of director. In addition to any other powers and duties provided in this part, the director shall:

(1) Oversee, supervise, and direct the planning, evaluation, and coordination of space-related activities and identify and promote opportunities for expanding and diversifying aerospace-related industries in the State, which may include the planning and operations of any unmanned aerial systems in the State;

(2) Initiate discussions for private and international involvement in space-related activities in the State;

(3) Assist the university of Hawaii, local companies, research institutions, and other interested organizations in establishing partnerships with corporate, government, and university entities that can promote and enhance the State's aerospace industry;

(4) Leverage aerospace and related technological capabilities in the State's academic, public, and private sectors to enhance the State's ability to procure both federal and private research and development grants and to increase the State's competitiveness in national and global aerospace markets;

(5) Promote innovative education and workforce development programs that will enhance public awareness of the State's aerospace potential and enable residents to pursue employment in Hawaii's aerospace industry;

(6) Monitor national and global trends in the aerospace industry and recommend programs and policies that can support aerospace industry development statewide;

(7) Review the effectiveness of present publications, pamphlets, and other sources of information about Hawaii's space-related activities produced and distributed by the State;

(8) Serve as a clearinghouse for information on Hawaii's space-related activities, including but not limited to those of the university of Hawaii and federal agencies located in Hawaii;

(9) Target existing businesses that can provide products or services of importance to the space industry to support the expansion of these businesses in Hawaii;

(10) Increase contact and maintain liaison with the National Aeronautics and Space Administration and other federal agencies and facilities;

(11) Institute procedures by which citizen input on proposed space facilities development shall be invited at the earliest possible time in the development process;

(12) Adopt, amend, and repeal rules pursuant to chapter 91 necessary to carry out this part;

(13) Contract for services as may be necessary for the purposes of this part, including contracting for services and implementing agreements, subject to chapter 103D, as may be necessary to conduct operations at Hawaii's unmanned aerial system test ranges; and

(14) Do all other things necessary or proper to carry out the purposes of this part.

§206M- Space vehicles; prohibitions. Any vehicle launched into space from the land or ocean territory of the State shall not carry weapons of destruction, nuclear waste materials, or use radioactive materials as a power source."

SECTION 3. Chapter 201, part V, Hawaii Revised Statutes, is repealed.

SECTION 4. All rights, powers, functions, and duties of the Pacific international space center for exploration systems are transferred to the office of aerospace development.

All employees who occupy civil service positions and whose functions are transferred to the office of aerospace development by this Act shall retain their civil service status, whether permanent or temporary. Employees shall be transferred without loss of salary, seniority (except as prescribed by applicable collective bargaining agreements), retention points, prior service credit, any vacation and sick leave credits previously earned, and other rights, benefits, and privileges, in accordance with state personnel laws and this Act; provided that the employees possess the minimum qualifications and public employment requirements for the class or position to which transferred or appointed, as applicable; provided further that subsequent changes in status may be made pursuant to applicable civil service and compensation laws.

Any employee who, prior to this Act, is exempt from civil service and is transferred as a consequence of this Act may retain the employee's exempt status, but shall not be appointed to a civil service position as a consequence of this Act. An exempt employee who is transferred by this Act shall not suffer any loss of prior service credit, vacation or sick leave credits previously earned, or other employee benefits or privileges as a consequence of this Act; provided that the employee possesses legal and public employment requirements for the position to which transferred or appointed, as applicable; provided further that subsequent changes in status may be made pursuant to applicable employment and compensation laws. The director of the office of aerospace development may prescribe the duties and qualifications of these employees and fix their salaries without regard to chapter 76, Hawaii Revised Statutes.

SECTION 5. All rules, policies, procedures, guidelines, and other material adopted or developed by the Pacific international space center for exploration systems to implement provisions of the Hawaii Revised Statutes that are reenacted or made applicable to the office of aerospace development by this Act shall remain in full force and effect until amended or repealed by the office of aerospace development pursuant to chapter 91, Hawaii Revised Statutes. In the interim, every reference to the Pacific international space center for exploration systems and the board of directors of the Pacific international space center for exploration systems in those rules, policies, procedures, guidelines, and other material is amended to refer to the office of aerospace development or the aerospace advisory committee of the office of aerospace development, as appropriate.

SECTION 6. All deeds, leases, contracts, loans, agreements, permits, or other documents executed or entered into by or on behalf of the Pacific international space center for exploration systems, pursuant to the provisions of the Hawaii Revised Statutes that are reenacted or made applicable to the office of aerospace development by this Act shall remain in full force and effect. Effective July 1, 2021, every reference to the Pacific international space center for exploration systems or the board of directors of the Pacific international space center for exploration systems in those deeds, leases, contracts, loans, agreements, permits, or other documents shall be construed as a reference to the office of aerospace development or the aerospace advisory committee of the office of aerospace development, respectively.

SECTION 7. All appropriations, records, equipment, machines, files, supplies, contracts, books, papers, documents, maps, and other personal property heretofore made, used, acquired, or held by the Pacific international space center for exploration systems relating to the functions transferred to the office of aerospace development shall be transferred with the functions to which they relate.

SECTION 8. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

SECTION 9. This Act shall take effect on July 1, 2021.

THE SENATE	S.B. NO.	935
THIRTY-FIRST LEGISLATURE, 2021		S.D. 2
STATE OF HAWAII