Hawaii’s 2020 legislative session was upended by the coronavirus pandemic that caused a suspension in March. The session resumed in May of 2020 with much of the focus on legislation aimed towards the challenges created by the pandemic.
Prior to the shutdown, your ACECH legislative committee, with our lobbyist, Sandra-Ann Y.H. Wong, met with thirteen (13) House of Representatives and Senators through January and February to advocate ACECH’s stance on State contract language (defend clause), procurement of professional services (Section 103D-304), and other issues related to our industry.
ACECH, through the local Political Action Committee (PAC), provided support to several of these House and Senate members who align with ACECH’s legislative priorities at the State level. Each of the members visited, listed below, were provided a jar of cookies with the “Nutrition Facts” of our organization.
Senators: |
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| Gil Keith-Agaran | Vice Chair of Ways & Means, Water and Land, and Higher Education Assistant Majority Whip |
| Roz Baker | Chair of Senate Committee on Commerce, Consumer Protection and Health |
| Lorraine Inouye | Chair of Transportation Majority Whip |
| Kaiali`i Kahele | Chair of Water and Land Committee Member of Ways and Means Vice Chair of Hawaiian Affairs Committee Member of Higher Education |
| Donovan Dela Cruz | Chair of Ways and Means |
| Clarence Nishihara | Chair of Senate Committee on Public Safety, Intergovernmental and Military Affairs. |
| Ron Kouchi | Senate President |
| Mike Gabbard | Chair of Agriculture and Environment |
House of Representatives |
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| Aaron Johanson | Chair of House Labor & Public Employment Majority Whip |
| Sylvia Luke | Chair of House Finance |
| Daniel Holt | Member of Finance & Agriculture Committee Vice Chair of Tourism and International Affairs |
| Della Au Bellati | Majority Leader |
| Henry Acquino | Chair of House Transportation Committee |
PAC Donations
The ability to support legislators, whose priorities align with ACECH is possible through PAC donations provided by member firms like you.
Measure Tracking Report: ACEC 2020
ACECH did not introduce any new legislation this session. Through our connections with Senators, House Representatives and meticulously searching through thousands of introduced bills the committee identified particular measures of interest. This Legislative session has seen bills introduced containing language with potentially negative impacts to our member firm’s business operations. Some of the bills introduced propose exemptions to the procurement of professional services (HRS 103D-304 – Qualification Based Selection “QBS”). Other bills introduced language that could pose a reporting burden to our businesses, security threats from automatic verification software, and various measures impacting environmental and technical aspects of our business. The table below summarizes the bills tracked during this past session and ACECH actions taken.
A particularly notable measure from this session is SB3103 SD2 HD2, “which establishes the school facilities agency to be responsible for all public school development, planning, and construction, related to capital improvement projects assigned by the legislature, governor, or board of education. Places management of school impact fees with the agency.” This measure was initially introduced with an exemption from State procurement law, which included an exemption from QBS. ACECH submitted testimony and worked with legislators to get QBS language inserted. Our advocacy lead to QBS language in the 2nd version of the bill and it remained a part of the bill until the final version that passed and was transmitted to the Governor.
The legislative committee continues to reach out to other organizations to collaborate on the review of bills that are less business related and more technical in nature.
Measure |
Notes |
| HB1606 HD1 Professional and Vocational Licensure; Temporary Licensure by Endorsement; Military Spouses RELATING TO PROFESSIONAL AND VOCATIONAL LICENSURE. Specifies the documentation needed for a military spouse to receive a temporary licensure by endorsement. Requires issuance of the license within an unspecified number of days of the application and supporting documents. Excludes construction contracting services form the performance of services permitted under any license or temporary license issues to a military spouse. Requires each licensing board to adopt and publish rules by 8/1/2020 to administer the provisions. Takes effect on 1/1/2050. (HD1) |
ACECH monitoring if any affect to PVL for A/E. Currently no objections. No action taken this session. Measure did not pass this session. |
| HB1293 Procurement; Government Contracts; Automatic Verification Software RELATING TO PROCUREMENT. Requires a contractor to procure and use software to verify hours billed and automatically gather verification data for work performed under a contract with a governmental body in excess of $100,000. |
ACECH submitted testimony in Strong Opposition last session. ACECH prepared to testify in person if needed. Measure did not move forward this session, no action by ACECH was required. Measure did not pass this session. |
| SB1326 Procurement; Government Contracts; Automatic Verification Software RELATING TO PROCUREMENT. Requires a contractor to procure and use software to verify hours billed and automatically gather verification data for work performed under a contract with a governmental body in excess of $100,000. |
ACECH submitted testimony in Strong Opposition last session. ACECH prepared to testify in person if needed. Measure did not move forward this session, no action by ACECH was required. Measure did not pass this session. |
| SB3103 SD2 HD2 School Facilities Agency; BOE; Department of Education; Construction RELATING TO A SCHOOL FACILITIES AGENCY. Establishes the school facilities agency to be responsible for all public school development, planning, and construction, related to capital improvement projects assigned by the legislature, governor, or board of education. Places management of school impact fees with the agency. (HD2) |
Establishes School Facility Agency. Language exempts agency from 103D-304, Qualification Based Selection (QBS). ACECH submitted testimony advocating for QBS. QBS added in HD1 version. Bill passed with QBS included. |
| HB2544 School Facilities Agency; BOE; DOE; Facility; Maintenance; Construction; Repair; Appropriation RELATING TO A SCHOOL FACILITIES AGENCY. Establishes the School Facilities Agency to be responsible for all public school development, planning, and construction, related to capital improvement projects assigned by the Legislature, Governor, or Board of Education. Transfers statutes pertaining to the Hawaii 3R’s and 3T’s programs to a new School Facilities Agency statutory subpart. Places management of school impact fees with the agency. Appropriates funds. |
Establishes School Facility Agency. Language exempts agency from 103D-304, Qualification Based Selection (QBS). ACECH submitted testimony advocating for QBS. Measure did not progress. SB3103 moved forward and ACECH successfully advocated for QBS. Measure did not pass this session. |
| SB2555 Underground Fuel Storage Tanks; Advisory Committee; Meeting Frequency RELATING TO UNDERGROUND STORAGE TANKS. Requires the fuel tank advisory committee to meet at least twice a year. |
ACECH monitoring and communicating with ACECH-BWS committee on this measure. Measure did not pass this session. |
| SB2636 SD2 Department of Commerce and Consumer Affairs; Corporations; Boards of Directors; Women; Penalties RELATING TO GENDER EQUITY. Requires publicly held domestic and foreign corporations to includes certain numbers of females among their boards of directors. Authorizes administrative fines for noncompliance. Takes effect 6/18/2050. (SD2) |
Sets requirement for minimum number of females on a board of directors of public held domestic or foreign corporation. ACECH monitoring for potential impacts. Measure did not pass this session. |
| HB1696 HD1 SD1 Underground Fuel Storage Tanks; Advisory Committee; Meeting Frequency ELATING TO UNDERGROUND STORAGE TANKS. Requires the fuel tank advisory committee to meet at least twice within a same calendar year at least six months apart. Effective upon approval. (SD1) |
ACECH monitoring and communicating with ACECH-BWS committee on this measure. Measure did not pass this session. |
| HB2720 HD1 DCCA; Corporations; Boards of Directors; Women; Penalties RELATING TO GENDER EQUITY. Requires publicly held domestic and foreign corporations to include certain numbers of females among their boards of directors. Authorizes administrative fines for noncompliance. Takes effect on January 1, 2050. (HD1) |
Sets requirement for minimum number of females on a board of directors of public held domestic or foreign corporation. ACECH monitoring for potential impacts. Measure did not pass this session. |
| SB2898 SD1 Public Notices RELATING TO PUBLIC NOTICES. Allows government agencies to publish public notice on their official website as an alternative to the newspaper. Effective 1/1/2050. (SD1) |
ACECH monitoring. Currently no objections. No action taken this session. Measure did not pass this session. |
| HB2342 Public Notices RELATING TO PUBLIC NOTICES. Allows government agencies to publish public notice on their official website as an alternative to the newspaper. |
ACECH monitoring. Currently no objections. No action taken this session. Measure did not pass this session. |
| SB2663 SD2 Environmental Impact Statements; Environmental Assessments; Supplements RELATING TO THE ENVIRONMENTAL IMPACT STATEMENT LAW. Requires a supplemental environmental assessment or supplemental environmental impact statement after the passage of 15 years from the date of the determination of a finding of no significant impact or the acceptance of the statement, if the proposed action is not implemented. Exempts actions involving a renewable energy project from this requirement. Effective 7/1/2050. (SD2) |
ACECH monitoring. No action taken this session. Measure did not pass this session. |
|
Procurement; Pilot program; Construction; Public Works; Office of Procurement; Department of Accounting and General Services RELATING TO PROCUREMENT. Authorizes the state procurement administrator to hire an innovative project delivery officer and funds this position. Authorizes a ten-year pilot program creating an innovative project delivery partnership between the state procurement office and the office of public works under the department of accounting and general services. Requires the office to provide services to agencies state-wide on construction and innovative projects. (SD1) |
ACECH monitoring. No action taken this session. Measure did not pass this session. |
| HB1933 HD1 State Building Code Council; Repeal RELATING TO THE STATE BUILDING CODE COUNCIL. Repeals the state building code council. Takes effect on 7/1/2025. (HD1) |
Repeals State Building Code Council. ACECH monitoring any potential impacts. Legislative committee suggest forwarding to a technical organization for review. No action taken this session. Measure did not pass this session. |
| SB2774 SD1 Underground Storage Tank System; Large Capacity Tanks; Safe Drinking Water; Underground Injection Control LineRELATING TO UNDERGROUND STORAGE TANKS. Prohibits, beginning 1/1/2028, a person to operate an underground storage system with a capacity of 100,000 gallons or more, mauka of the underground injection control line. (SD1) |
Limitations on USTs. ACECH monitoring. No action taken this session. Measure did not pass this session. |
| HB2219 Family Leave Insurance; Appropriation RELATING TO FAMILY LEAVE. Provides family leave insurance benefits and extends period of family leave to sixteen weeks for businesses that employs one or more employees who meet the hourly qualifications. |
ACECH monitoring potential impacts of additional expenses to our business community. No action taken this session. Measure did not pass this session. |
| SB2491 SD2 Family Leave Insurance Program; Appropriation RELATING TO FAMILY LEAVE. Provides family leave insurance benefits and extends period of family leave to 16 weeks for businesses that employs one or more employees who meet the hourly qualifications. Appropriates funds. Effective 7/1/2050. (SD2) |
ACECH monitoring potential impacts of additional expenses to our business community. Testimony to be submitted if measure crosses over to the house. No action taken this session. Measure did not pass this session. |
| SB2076 SD2 DLNR; State Historic Preservation Division; Office of Hawaiian Affairs; Project Reviews RELATING TO HISTORIC PRESERVATION REVIEWS. Allows the Office of Hawaiian Affairs consultation with State Historic Preservation Division to delegate to the impacted counties the responsibility for historic preservation project reviews, provided that certain requirements are met. Effective 6/18/2050. (SD2) |
ACECH monitoring any potential impacts. No action taken this session. Measure did not pass this session. |
| SB3076 SD1 Department of Accounting and General Services; State Building Code Council; New Program Director Position; New Staff Member Position; AppropriationRELATING TO THE STATE BUILDING CODE COUNCIL. Appropriates funds to establish one full-time equivalent (1.0 FTE) program director position and one full-time equivalent (1.0 FTE) staff member position, and to provide for employee training, materials and supplies, other costs associated with the state building code council, and any costs necessary to establish a full-time office. Effective 7/1/2050. (SD1) |
ACECH monitoring any potential impacts. Legislative committee suggest forwarding to a technical organization for review. No action taken this session. Measure did not pass this session. |
Legislative Committee Members
Ken Kawahara, Akinaka & Associates, Inc.
Terrance Arashiro, Austin Tsutsumi & Associates, Inc.
Janice Marsters, HartCrowser
Lester Fukuda, Kaula AE
John Katahira, The Limtiaco Consulting Group
Jeff Kalani, Yogi Kwong Engineers
Sean Sugai, Ronald N.S. Ho & Associates, Inc.
Charles Jury, Okahara and Associates, Inc.
Kealohi Sandefur, Yogi Kwong Engineers
Ikaika Kincad, Consor Engineers, LLC
Kimo Unten, Austin Tsutsumi & Associates, Inc.
Jeremy Dow, Coffman Engineers, Inc.