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SB1121
THE SENATE
S.B. NO.
1121
THIRTY-THIRD LEGISLATURE, 2025
STATE OF HAWAII
A BILL FOR AN ACT
relating
to transportation
.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
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SECTION 1.
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The
legislature finds that the construction and building sector is the largest
emitter of greenhouse gas emissions.
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According to the United Nations Environmental Program, this sector
accounts for thirty-seven per cent of global greenhouse gas emissions.
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In particular, construction vehicles have a
heavy carbon footprint and emit harmful pollutants into the environment.
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The legislature further finds that
all-electric construction vehicles, which are powered by electricity supplied
by lithium-ion batteries, are becoming more widely available.
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For example, all-electric excavators, wheel
loaders, forklifts, and dump trucks are available to purchase.
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Many jurisdictions, including major
European cities such as Helsinki, Copenhagen, Oslo, Vantaa, and Barcelona, have
committed to the widespread adoption of all-electric construction vehicles
within the next five years.
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As a result,
these cities have built up a strong ecosystem for all-electric construction
vehicles and are making major progress toward the creation of a sustainable
construction sector.
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The legislature believes that Hawaii should
take steps to reduce the environmental and climate impacts of construction by
promoting the adoption of all-electric construction vehicles.
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One strategy to accomplish this is by
adopting a procurement preference for companies that use all-electric
construction vehicles, particularly in transportation infrastructure projects.
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Accordingly, the purpose of this Act is to
establish a preference in the Hawaii public procurement code that favors bids
or offers from businesses that intend to use a higher proportion of
all-electric construction vehicles in department of transportation construction
projects.
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SECTION
2.
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Chapter 103D, Hawaii Revised
Statutes, is amended by adding a new section to part X to be appropriately
designated and to read as follows:
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�103D-
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All-electric construction vehicles; department
of transportation.
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(a)
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This section shall apply only to construction contracts procured by the
department of transportation.
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(b)
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All
invitations for bids and requests for proposals to which this section applies shall
require the bidder or offeror to disclose, of the construction vehicles the
bidder intends to use to perform work described in the invitation for bids or
request for proposals, the percentage of construction vehicles that are
all-electric construction vehicles.
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(c)
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A bidder or offeror who
proposes performing the requested construction work using:
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(1)
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At least twenty-five per cent, but
less than fifty per cent, all-electric construction vehicles pursuant to
subsection (b) shall receive a five per cent preference; and
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(2)
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At least fifty per cent all-electric
vehicles pursuant to subsection (b) shall receive a ten per cent preference,
for purposes of bid or proposal evaluation.
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The preference shall be applied by decreasing
the price by the preference percentage pursuant to paragraph (1) or (2);
provided that the price reduction shall apply only for the purpose of selecting
the lowest bid or purchase price.
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The
lowest total bid or proposal, taking the preference into consideration, shall
be awarded the contract unless the bid or offer provides additional award
criteria.
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(d)
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Notwithstanding subsection
(c), the contract amount of any contract awarded shall be the amount of the bid
or price offered, exclusive of the preference.
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(e)
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If the administrator or
procurement officer who has awarded a contract under this section finds that,
in the performance of the contract, the contractor has failed to comply with
the percentages represented by the contractor pursuant to subsection (b), the
contract shall be voidable and the findings shall be referred for debarment or
suspension proceedings under section 103D-702.
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SECTION
3.
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Section 103D-1001, Hawaii Revised
Statutes, is amended by adding two new definitions to be appropriately inserted
and to read as follows:
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"All-electric
construction vehicle" means a construction vehicle that draws propulsion
energy exclusively from a battery that can be recharged from an external source
of electricity.
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"Construction vehicle" means
any vehicle designed and intended for use in construction, including
bulldozers, graders, excavators, backhoes, scrapers, asphalt pavers, cold
planers, drum rollers, cranes, and loaders.
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"Construction vehicle" does not include pick-up trucks or
other equipment having a gross vehicle weight of ten thousand pounds or less.
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SECTION 4.
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This Act does not affect rights and duties that matured, penalties that
were incurred, and proceedings that were begun before its effective date.
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SECTION 5.
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New statutory material is underscored.
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SECTION 6.
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This Act shall take effect on January 1, 2027.
INTRODUCED BY:
_____________________________
Report Title:
Procurement;
DOT; All-Electric Construction Vehicles; Preference
Description:
Beginning 1/1/2027, establishes a preference in the Hawaii
Public Procurement Code that favors bids or offers from businesses that intend
to use a higher proportion of all‑electric construction vehicles in
Department of Transportation construction projects.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.