RELATING TO SCHOOL FACILITIES.

SB3220

THE SENATE

S.B. NO.

3220

THIRTY-THIRD LEGISLATURE, 2026

STATE OF HAWAII

A BILL FOR AN ACT

relating
to school facilities
.

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 department of
education (department) faces a critical crisis in facility management
characterized by a massive, deferred maintenance backlog and persistent
challenges in executing necessary repairs.
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The legislature notes that there are growing concerns regarding the
department's ability to efficiently manage large‑scale construction
projects and ensure that appropriated funds are utilized effectively to
maintain safe school environments.

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The legislature further finds that the
auditor's report No. 25-09 (heat abatement) evidences these systemic
operational failures.
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The auditor found
that the department prioritized "speed over planning", ignored
professional engineering advice, and failed to account for long-term
maintenance costs.
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These failures
resulted in "hotbox" classrooms where sealed windows created
dangerous conditions when air conditioning units failed, further eroding public
trust.

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The legislature also finds that a root
cause of these failures has been the department's inability to recruit and
retain qualified technical professionals, including engineers, architects, and
senior project managers.
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The current
civil service compensation schedule restricts the department from offering
competitive market-rate salaries, leaving the department's office of facilities
and operations unable to compete with the private sector for the talent
necessary to oversee complex capital projects.

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The legislature notes that existing law
authorizes the school facilities authority to hire qualified staff exempt from
civil service requirements at competitive market rates, allowing for greater
agility and technical competence.

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Accordingly, the purpose of this Act is to
authorize
the superintendent of education to appoint and set the salaries of certain
positions within the office of facilities and operations to provide the
department with internal expertise, prevent future project failures, and
effectively manage the backlog of school repairs.

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SECTION
2.
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Chapter 302A, Hawaii Revised
Statutes, is amended by adding a new section to part VI to be appropriately
designated and to read as follows:

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"
�302A-
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Office of facilities and operations; positions;
exemptions.
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(a)
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Notwithstanding any other law to the
contrary, the superintendent may appoint and set the salaries of certain
technical and professional staff within the office of facilities and
operations.

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(b)
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The authority granted to the superintendent
under subsection (a) shall apply only to the following positions, which shall
be exempt from chapter 76, for the planning, design, engineering, and
construction of school facilities:

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(1)
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Professional engineers licensed
pursuant to chapter 464;

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(2)
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Architects licensed pursuant to
chapter 464;

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(3)
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Senior project managers with a
minimum of five years of experience managing capital improvement projects
exceeding $5,000,000 in value; and

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(4)
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Construction inspectors.

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(c)
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The superintendent may set the salaries of
any position appointed under this section at rates comparable to:

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(1)
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The prevailing market rate for
similar work in the private sector; or

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(2)
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Existing exempt positions within the
school facilities authority appointed pursuant to section 302A-1704.

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(d)
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The superintendent shall not appoint more
than twenty full-time equivalent positions exempt from chapter 76 pursuant to
this section.

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(e)
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The department shall submit a report of its
findings and recommendations, including any proposed legislation, to the
legislature no later than twenty days prior to the convening of each regular
session.
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The report shall include the:

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(1)
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Number of positions exempt from
chapter 76 filled pursuant to this section;

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(2)
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Job titles and qualifications of the
individuals appointed;

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(3)
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Salary of each position; and

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(4)
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Impact of these appointments on the
efficiency of facility repair and maintenance projects.
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SECTION
3.
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New statutory material is
underscored.

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SECTION 4.
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This Act shall take effect upon its approval
and shall be repealed on June 30, 2031.

INTRODUCED BY:

_____________________________

Report Title:

Department
of Education; Office of Facilities and Operations; School Facilities;
Maintenance; Positions; Civil Service; Exemptions

Description:

Authorizes
the Superintendent of Education to appoint and set the salaries of certain
positions within the Office of Facilities and Operations.
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Sunsets
6/30/2031.

The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.