PART I

SECTION 1. The purpose of this Act is to address the funding of government programs.

More specifically, this Act:

(1) Provides for the transfer of moneys from the environmental response revolving fund into the general fund if the ending balance exceeds a certain amount at the end of a fiscal year and deletes provisions requiring certain positions to be funded by the environmental response revolving fund. The legislature intends that the positions be budgeted from the general fund;

(2) Makes an appropriation to the legislative reference bureau for an invasive species study;

(3) Forces the lapse of certain appropriations for fiscal year 2014-2015 that are not expected to be expended; and

(4) Re-appropriates some of the lapsed appropriations.

The legislature finds that this Act enables the savings of the forced lapses to be identified as part of the carryover balance for fiscal year 2014-2015 in the state financial plan. The legislature finds that this approach is more efficient than simply allowing the unexpended and unencumbered amounts to lapse. Because lapsed appropriations do not become known until after the fiscal year ends, the legislature is unable to consider lapsed appropriations when making budgetary decisions during the regular session immediately preceding the lapse date.

The legislature emphasizes that the repeal or reduction of the appropriations in this Act does not represent discontinuation of support for the de-funded programs. The intent of this Act is to make more general funds available for the state financial plan.

The legislature also finds that the lapsing, repeal, or reduction of the appropriations for fiscal year 2014-2015 by this Act is not intended to reduce the base budget of the affected programs.

PART II

SECTION 2. The purpose of this part is to address the environmental response revolving fund.

More specifically, this part:

(1) Provides for the transfer of excess moneys in the environmental response revolving fund under certain conditions; and

(2) Repeals the requirement that certain positions be funded by the environmental response revolving fund. The legislature intends that the positions be authorized and funded in accordance with the general appropriations act, as may be amended by the supplemental appropriations act.

SECTION 3. Section 128D-2, Hawaii Revised Statutes, is amended to read as follows:

"§128D-2 Environmental response revolving fund; uses. (a) There is created within the state treasury an environmental response revolving fund, which shall consist of moneys appropriated to the fund by the legislature, moneys paid to the fund as a result of departmental compliance proceedings, moneys paid to the fund pursuant to court-ordered awards or judgments, moneys paid to the fund in court-approved or out-of-court settlements, all interest attributable to investment of money deposited in the fund, moneys deposited in the fund from the environmental response, energy, and food security tax pursuant to section 243-3.5, and moneys allotted to the fund from other sources.

(b) Moneys from the fund shall be expended by the department for response actions and preparedness, including removal and remedial actions, consistent with this chapter; provided that the revenues generated by the environmental response, energy, and food security tax deposited into the environmental response revolving fund:

(1) Shall be used:

(A) For oil spill planning, prevention, preparedness, education, research, training, removal, and remediation; and

(B) For direct support for county used oil recycling programs; and

(2) May also be used to support environmental protection and natural resource protection programs, including energy conservation and alternative energy development, and to address concerns related to air quality, global warming, clean water, polluted runoff, solid and hazardous waste, drinking water, and underground storage tanks, including support for the underground storage tank program of the department and funding for the acquisition by the State of a soil remediation site and facility.

(c) The unexpended and unencumbered moneys in the fund in excess of $1,250,000 on June 30 of each fiscal year shall be transferred by the director of finance into and become a realization of the general fund on that date."

SECTION 4. Section 128D-2.5, Hawaii Revised Statutes, is amended to read as follows:

"[[]§128D-2.5[]] Toxicologists. The department may establish permanent exempt positions known as toxicologists for the purpose of assessing human health risk. The positions shall be appointed by the director without regard to chapter 76. [~~The funds for these positions shall come from the environmental response revolving fund established in section 128D-2.~~]"

SECTION 5. Section 128D-2.6, Hawaii Revised Statutes, is amended to read as follows:

"[[]§128D-2.6[]] Ecological risk assessor. The department may establish a permanent exempt position for an ecological risk assessor for the purpose of assessing ecological risks and damages. The position shall be appointed by the director without regard to chapter 76. [The funds for this position shall come from the environmental response revolving fund established in section 128D-2; provided that the duties of the ecological risk assessor shall bear a rational nexus to the intent and purposes of [this chapter].]"

PART III

SECTION 6. The legislature finds that the invasion of Hawaii by insects, disease-bearing organisms, snakes, weeds, and other pests is a major threat to the State's economy, natural environment, and health. The legislature further finds that immediate action is needed to mitigate the threats and impacts of invasive species.

The legislature previously recognized the critical importance of eliminating invasive species in Hawaii by adopting Senate Concurrent Resolution No. 45, H.D. 1 (2001), and by passing Act 85, Session Laws of Hawaii 2003. Senate Concurrent Resolution No. 45, H.D. 1 (2001), resulted in the 2002 legislative reference bureau study "Filling the Gaps in the Fight Against Invasive Species," and Act 85, Session Laws of Hawaii 2003, resulted in the creation of the interagency Hawaii invasive species council to provide policy level direction, coordination, and planning among agencies. The Hawaii invasive species council has disbursed funds on an annual basis to support critical invasive species prevention, control, outreach, research, and planning projects that enhance or supplement existing departmental projects.

The legislative reference bureau study "Filling the Gaps in the Fight Against Invasive Species," estimated the annual cost to address invasive species issues in Hawaii at $50,000,000. The original goal for an annual Hawaii invasive species council budget was $5,000,000 from the general fund, though the initial approved appropriation in fiscal year 2005 was $2,000,000. From fiscal years 2010-2013, no general funds were provided. In fiscal year 2014, $750,000 was provided from the general fund. In fiscal year 2015, $5,750,000 was provided from the general fund. The legislature finds that a continued commitment to having the best possible understanding, science, plans, and capacity is necessary to maintain and enhance invasive species prevention and mitigation in Hawaii, to effectively protect the State's natural resources and economy and the health and lifestyle of its people.

The purpose of this part is to provide moneys for and direct the legislative reference bureau to update its 2002 study titled "Filling the Gaps in the Fight Against Invasive Species."

SECTION 7. (a) The legislative reference bureau shall update its 2002 study "Filling the Gaps in the Fight Against Invasive Species;" provided that the legislative reference bureau shall consult with relevant government and non-government organizations, experts, and individuals in its analysis; provided further that the bureau shall update its study to the extent necessary to describe the present scope of the invasive species problem in Hawaii; economic and other costs to Hawaii; health and safety issues; state, federal, county, and non-government roles and responsibilities; gaps and leaks in prevention and response systems; and recommendations related to policy, programs, and funding to address invasive species.

(b) The legislative reference bureau may contract the services of another entity to perform any economic modeling or any related services that may be required pursuant to this section. Any contract for services executed pursuant to this section shall be exempt from chapter 103D, Hawaii Revised Statutes.

(c) The legislative reference bureau shall submit the updated study to the legislature no later than twenty days prior to the convening of the regular session of 2016.

SECTION 8. There is appropriated out of the general revenues of the State of Hawaii the sum of $100,000 or so much thereof as may be necessary for fiscal year 2015-2016 for contracting for services to update the 2002 study "Filling the Gaps in the Fight Against Invasive Species."

The sum appropriated shall be expended by the legislative reference bureau for the purposes of this part.

PART IV

Section 9. The purpose of this part is to provide general funds for the juvenile justice reform initiative for the 2015-2017 fiscal biennium. The general funds are provided from a portion of the appropriation for the Hawaii youth correctional facility for fiscal year 2014-2015 that is expected to lapse on June 30, 2015. The legislature finds that the appropriation rightfully should be re-used for the juvenile justice reform initiative instead of lapsing into the general fund for expenditure on other programs.

The legislature emphasizes its intent that the appropriation made in this part take effect only if the requisite general fund appropriation is lapsed pursuant to section 10.

The legislature intends that the appropriation in this part for the juvenile justice reform initiative be additional to any other appropriation that may be made in the General Appropriations Act of 2015.

The legislature also intends that, under this part, the base budget for the Hawaii youth correctional facility shall not be reduced by the amount lapsed under section 10 of this Act.

SECTION 10. Act 134, Session Laws of Hawaii 2013, as amended by Act 122, Session Laws of Hawaii 2014, is amended by adding a new section to part III, social services, to be appropriately designated and to read as follows:

"SECTION A. Provided that of the general fund appropriation for the Hawaii youth correctional facility (HMS503) for fiscal year 2014-2015, $1,500,000 shall not be expended and shall lapse on June 30, 2015."

SECTION 11. Except as otherwise provided under section 12, there is appropriated out of the general revenues of the State of Hawaii the sum of $600,000 or so much thereof as may be necessary for fiscal year 2015-2016 and the same sum or so much thereof as may be necessary for fiscal year 2016-2017 for the juvenile justice reform initiative of the office of youth services.

The sums appropriated shall be expended by the department of human services for the purposes of this part.

SECTION 12. Section 11 shall not take effect unless the general fund appropriation for fiscal year 2014-2015 that is restricted and lapsed by section 10 lapses pursuant to that section.

PART V

SECTION 13. The purpose of this part is to provide general funds for the agricultural loan revolving fund and appropriate those proceeds for agricultural loans.

The general funds are provided from portions of the appropriation for the department of agriculture for fiscal year 2014-2015 that are expected to lapse on June 30, 2015. The legislature finds that the appropriation rightfully should be re-used for a program of the department of agriculture instead of lapsing into the general fund for expenditure on other programs.

The legislature emphasizes its intent that the appropriations contained in sections 15 and 16 of this part take effect only if the requisite general fund appropriations are lapsed pursuant to section 14. The legislature also intends that under this part, the base budget for plant, pest, and disease control (AGR122), animal disease control (AGR132), or agricultural resource management (AGR141) shall not be reduced by the amounts lapsed under section 14 of this Act.

The legislature finds that the appropriations referred to in section 14 of this part are the following from the executive budget worksheets of the regular session of 2013:

(1) Sequence 90-001 for plant, pest, and disease control (AGR122);

(2) A portion of sequence 91-001 for plant, pest, and disease control (AGR122);

(3) A portion of sequence 3070-001 for animal disease control (AGR132); and

(4) A portion of sequence 90-001 for agricultural resource management (AGR141).

SECTION 14. Act 134, Session Laws of Hawaii 2013, as amended by Act 122, Session Laws of Hawaii 2014, is amended by adding four new sections to part III, economic development, to be appropriately designated and to read as follows:

"SECTION B. Provided that of the general fund appropriation for plant, pest, and disease control (AGR122) for fiscal year 2014-2015, $162,540 appropriated for the detector dog program shall not be expended during that fiscal year and shall lapse on June 30, 2015.

SECTION C. Provided that of the general fund appropriation for plant, pest, and disease control (AGR122) for fiscal year 2014-2015, $165,055 appropriated for the queen bee program shall not be expended during that fiscal year and shall lapse on June 30, 2015.

SECTION D. Provided that of the general fund appropriation for animal disease control (AGR132) for fiscal year 2014-2015, $165,055 appropriated for rent shall not be expended during that fiscal year and shall lapse on June 30, 2015.

SECTION E. Provided that of the general fund appropriation for agricultural resource management (AGR141) for fiscal year 2014-2015, $500,000 appropriated for livestock pasture improvements shall not be expended during that fiscal year and shall lapse on June 30, 2015."

SECTION 15. Except as otherwise provided under section 17, there is appropriated out of the general revenues of the State of Hawaii the sum of $1,000,000 or so much thereof as may be necessary for fiscal year 2015-2016 for deposit into the agricultural loan revolving fund.

The sum appropriated shall be expended by the department of agriculture for the purposes of this part.

SECTION 16. Except as otherwise provided under section 17, there is appropriated out of the agricultural loan revolving fund the sum of $1,000,000 or so much thereof as may be necessary for fiscal year 2015-2016 for the making of agricultural loans.

The sum appropriated shall be expended by the department of agriculture for the purposes of this part.

SECTION 17. Sections 15 and 16 shall not take effect unless at least $992,650 of the general fund appropriation for fiscal year 2014-2015 is lapsed in accordance with the amendments made to Act 134, Session Laws of Hawaii 2013, as amended by Act 122, Session Laws of Hawaii 2014, in section 14 of this Act.

PART VI

SECTION 18. The purpose of this part is to repeal the appropriation in Act 164, Session Laws of Hawaii 2014, for the state building code council and staff to carry out their duties and functions.

The legislature finds that the department of accounting and general services does not plan to expend the appropriation.

SECTION 19. Act 164, Session Laws of Hawaii 2014, is amended by repealing section 11.

["SECTION 11. There is appropriated out of the general revenues of the State of Hawaii the sum of $136,676 or so much thereof as may be necessary for fiscal year 2014-2015 for the state building code council and staff to carry out their duties and functions, including operating costs and staff salaries.

~~The sum appropriated shall be expended by the department of accounting and general services for the purposes of this Act.~~"]

PART VII

SECTION 20. The purpose of this part is to repeal the appropriation in Act 166, Session Laws of Hawaii 2014, for the counties to implement voter registration at absentee polling places.

The legislature finds that the office of elections does not plan to expend the appropriation.

SECTION 21. Act 166, Session Laws of Hawaii 2014, is amended by repealing section 4.

["SECTION 4. There is appropriated out of the general revenues of the State of Hawaii the sum of $100,000 or so much thereof as may be necessary for fiscal year 2014-2015 for the counties to implement this Act, which may include upgrading the registration process by purchasing electronic poll books.

~~The sum appropriated shall be expended by the office of elections for the purposes of this Act.~~"]

PART VIII

SECTION 22. The purpose of this part is to reduce the appropriations in Act 151, Session Laws of Hawaii 2014, for various programs on aging.

The legislature finds that the executive office on aging does not plan to expend the entire amount of each of the appropriations reduced in this part.

SECTION 23. Act 151, Session Laws of Hawaii 2014, is amended as follows:

1. By amending sections 2, 3, and 4 to read:

"SECTION 2. There is appropriated out of the general revenues of the State of Hawaii the sum of [~~$4,200,000~~] $3,780,000 or so much thereof as may be necessary for fiscal year 2014-2015 for the kupuna care program; provided that the sum appropriated shall be in addition to the base budget of the executive office on aging.

SECTION 3. There is appropriated out of the general revenues of the State of Hawaii the sum of [~~$1,900,000~~] $1,710,000 or so much thereof as may be necessary for fiscal year 2014-2015 for the aging and disability resource center.

SECTION 4. There is appropriated out of the general revenues of the State of Hawaii the sum of [~~$476,772~~] $429,095 or so much thereof as may be necessary for fiscal year 2014-2015 for the healthy aging partnership program of the department of health's executive office on aging."

2. By amending section 8 to read:

"SECTION 8. There is appropriated out of the general revenues of the State of Hawaii the sum of [~~$500,000~~] $450,000 or so much thereof as may be necessary for fiscal year 2014-2015 for the executive office on aging to conduct a public education and awareness campaign on long-term care and to obtain an independent evaluation of the campaign's effectiveness.

The sum appropriated shall be expended by the department of health for the purposes of this part."

PART IX

SECTION 24. The purpose of this part is to:

(1) Reduce a portion of the general fund appropriation for medicaid coverage for non-United States citizens for fiscal year 2014-2015; and

(2) Repeal Act 179, Session Laws of Hawaii 2014, which makes an appropriation to restore basic adult dental benefits to medicaid enrollees.

The legislature finds that the department of human services does not plan to expend the entire amount of the appropriation referenced in paragraph (1), nor does it plan to spend the appropriation referenced in paragraph (2).

The legislature also intends, under this part, that the base budget for health care payments (HMS401) shall not be reduced by the amount lapsed under section 25 of this Act.

SECTION 25. Act 134, Session Laws of Hawaii 2013, as amended by Act 122, Session Laws of Hawaii 2014, is amended by adding a new section to part III, social services, to be appropriately designated and to read as follows:

"SECTION F. Provided that of the general fund appropriation for health care payments (HMS401) for fiscal year 2014-2015, $7,000,000 shall not be expended for medicaid coverage for non-United States citizens during fiscal year 2014-2015 and shall lapse on June 30, 2015."

SECTION 26. Act 179, Session Laws of Hawaii 2014, is repealed.

PART X

SECTION 27. The purpose of this part is to repeal the appropriations made in Act 147, Act 148, and Act 149, Session Laws of Hawaii 2014, for public safety programs.

The legislature finds that the department of public safety does not plan to expend the appropriations.

SECTION 28. Act 147, Session Laws of Hawaii 2014, is amended by repealing section 2.

["SECTION 2. There is appropriated out of the general revenues of the State of Hawaii the sum of $110,000 or so much thereof as may be necessary for fiscal year 2014-2015 for the department of public safety to provide substance abuse treatment services for inmates of the Halawa correctional facility.

~~The sum appropriated shall be expended by the department of public safety for the purposes of this Act.~~"]

SECTION 29. Act 148, Session Laws of Hawaii 2014, is amended by repealing section 2.

["SECTION 2. There is appropriated out of the general revenues of the State of Hawaii the sum of $125,000 or so much thereof as may be necessary for fiscal year 2014-2015 for funding programs and services for children of incarcerated parents and assisting with family reunification.

~~The sum appropriated shall be expended by the department of public safety for the purposes of this Act.~~"]

SECTION 30. Act 149, Session Laws of Hawaii 2014, is amended by repealing section 3.

["SECTION 3. There is appropriated out of the general revenues of the State of Hawaii the sum of $250,000 or so much thereof as may be necessary for fiscal year 2014-2015 for the pilot project known as the reentry pilot project for nonviolent, low-risk drug offenders established by this Act.

~~The sum appropriated shall be expended by the department of public safety for the purposes of this Act.~~"]

PART XI

SECTION 31. The purpose of this part is to reduce the appropriation for the tax system modernization for fiscal year 2014-2015.

The legislature finds that the department of taxation does not plan to expend the entire amount appropriated.

The legislature intends that, under this part, the base budget for supporting services-revenue collection (TAX107) shall not be reduced by the amount lapsed under section 32 of this Act.

SECTION 32. Act 134, Session Laws of Hawaii 2013, as amended by Act 122, Session Laws of Hawaii 2014, is amended by adding a new section to part III, government-wide support, to be appropriately designated and to read as follows:

"SECTION G. Provided that of the general fund appropriation for supporting services-revenue collection (TAX107) for fiscal year 2014-2015, $2,400,000 shall not be expended for tax system modernization expenses during that fiscal year and shall lapse on June 30, 2015."

PART XII

SECTION 33. The purpose of this part is to reduce the appropriations for debt service payments for fiscal year 2014-2015.

The legislature finds that the department of budget and finance does not plan to expend the entire amount of each of the appropriations reduced in this part.

The legislature intends that, under this part, the base budget for debt service payments-State (BUF721), debt service-DOE (BUF725), and debt service-UH (BUF728) shall not be reduced by the amounts lapsed under section 34 of this Act.

SECTION 34. Act 134, Session Laws of Hawaii 2013, as amended by Act 122, Session Laws of Hawaii 2014, is amended by adding three new sections to part III, to be designated and to read as follows:

"SECTION H. Provided that of the general fund appropriation for debt service payments-State (BUF721) for fiscal year 2014-2015, $15,000,000 shall not be expended and shall lapse on June 30, 2015.

SECTION I. Provided that of the general fund appropriation for debt service-DOE (BUF725) for fiscal year 2014-2015, $10,000,000 shall not be expended and shall lapse on June 30, 2015.

SECTION J. Provided that of the general fund appropriation for debt service-UH (BUF728) for fiscal year 2014-2015, $5,000,000 shall not be expended and shall lapse on June 30, 2015."

PART XIII

SECTION 35. Except as otherwise provided under section 41, there is appropriated out of the general revenues of the State of Hawaii the sum of $5,000,000 or so much thereof as may be necessary for fiscal year 2015-2016 and the same sum or so much thereof as may be necessary for fiscal year 2016-2017 for deposit into the Hawaii strategic development corporation revolving fund for use for the HI-Growth Initiative.

The sums appropriated shall be expended by the Hawaii strategic development corporation for the purposes of this part.

SECTION 36. Except as otherwise provided under section 41, there is appropriated out of the Hawaii strategic development corporation revolving fund the sum of $5,000,000 or so much thereof as may be necessary for fiscal year 2015-2016 and the same sum or so much thereof as may be necessary for fiscal year 2016-2017 for use for the HI-Growth Initiative.

The sums appropriated shall be expended by the Hawaii strategic development corporation for the purposes of this part.

SECTION 37. Except as otherwise provided under section 41, there is appropriated out of the general revenues of the State of Hawaii the sum of $5,000,000 or so much thereof as may be necessary for fiscal year 2015-2016 for the repair and maintenance of facilities of the department of education.

The sum appropriated shall be expended by the department of education for the purposes of this part.

SECTION 38. Except as otherwise provided under section 41, there is appropriated out of the general revenues of the State of Hawaii the sum of $5,000,000 or so much thereof as may be necessary for fiscal year 2015-2016 for the repair and maintenance of facilities of the University of Hawaii.

The sum appropriated shall be expended by the University of Hawaii for the purposes of this part.

SECTION 39. Except as otherwise provided under section 41, there is appropriated out of the general revenues of the State of Hawaii the sum of $3,000,000 or so much thereof as may be necessary for fiscal year 2016-2017 for deposit into the agricultural loan revolving fund.

The sum appropriated shall be expended by the department of agriculture for the purposes of this part.

SECTION 40. Except as otherwise provided under section 41, there is appropriated out of the agricultural loan revolving fund the sum of $3,000,000 or so much thereof as may be necessary for fiscal year 2016-2017 for the issuance of agricultural loans.

The sum appropriated shall be expended by the department of agriculture for the purposes of this part.

SECTION 41. Sections 35, 36, 37, 38, 39, and 40 shall not take effect unless the general fund appropriations for fiscal year 2014-2015 that are restricted and lapsed by section 34 of this Act lapse pursuant to that section.

PART XIV

SECTION 42. The purpose of this part is to use the savings from the lapsing of funds from health care payments (HMS401) for fiscal year 2014-2015, under section F of part III of Act 134, Session Laws of Hawaii 2013, as amended by Act 122, Session Laws of Hawaii 2014, as amended by section 25 of this Act, for the repair and maintenance of state housing facilities of the Hawaii public housing authority.

SECTION 43. Except as otherwise provided under section 44, there is appropriated out of the general revenues of the State of Hawaii the sum of $3,500,000 or so much thereof as may be necessary for fiscal year 2015-2016 and the same sum or so much thereof as may be necessary for fiscal year 2016-2017 for the repair and maintenance of state housing facilities of the Hawaii public housing authority.

The sums appropriated shall be expended by the Hawaii public housing authority for the purposes of this part.

SECTION 44. Section 43 shall not take effect unless the general fund appropriation for fiscal year 2014-2015 that is restricted and lapsed by section 25 of this Act lapses pursuant to that section.

PART XV

SECTION 45. In codifying the new sections added by sections 10, 14, 25, 32 and 34 of this Act, the revisor of statutes shall substitute appropriate section numbers for the letters used in designating the new sections in this Act.

SECTION 46. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 47. This Act shall take effect on June 29, 2015; provided that the amendments made to section 128D-2, Hawaii Revised Statutes, in section 3 of this Act, shall not be repealed when section 128D-2, Hawaii Revised Statutes, is reenacted on June 30, 2030, by section 14 of Act 73, Session Laws of Hawaii 2010, as amended by Act 107, Session Laws of Hawaii 2014.

HOUSE OF REPRESENTATIVES	H.B. NO.	1471
TWENTY-EIGHTH LEGISLATURE, 2015		H.D. 2
STATE OF HAWAII		S.D. 2