SB 896: DOE; Superintendent; Office of Facilities and Operations; Capital Improvement Projects; Facilities; Website; Exempt Positions; Pilot Program; Reports
- Session Year: 2025-2026
- House: Senate
- Latest Version Date: 2026-03-27
Current Status:
Failed
(2026-03-30: Report adopted; referred to the committee(s) on FIN as amended in HD 2 with none voting aye with reservations; none voting no (0) and Representative(s) Cochran, Lowen, Perruso, Quinlan excused (4).)
Introduced
In Committee
First Chamber
In Committee
Second Chamber
Final Decking
Enacted
What does this bill do?
The bill requires the Department of Education to publish an annual, searchable report on each capital improvement project it manages, showing project name and location, money appropriated and spent, project phase, schedule and delays, cost overruns, the responsible manager, and whether the project is on time and within budget. Any project funds tied up more than five years without construction starting must be identified and justified or may be sent to the Legislature for review. The bill also creates a three-year pilot letting the superintendent convert up to 20 funded, vacant facilities positions to be exempt from state civil service rules (so they can be hired outside normal hiring processes) to bring in technical experts for construction management, inspection, data systems, and recordkeeping, with a required plan and annual report on results.
The summary is provided by generative AI which can make mistakes. For original language, please view the details in the table below.
Requires the Department of Education to submit annual reports to the Legislature outlining certain information concerning capital improvement projects and facilities. Requires the reports to be posted on DOE's website annually in a searchable format. Provides that any CIP funds encumbered for more than five years without commencement of construction to be identified and justified, or be subject to legislative review for reversion or reassignment. Establishes a three-year pilot program authorizing the Superintendent to redesignate certain positions in the Office of Facilities and Operations as exempt from civil service laws. Effective 7/1/3000. (HD2)
Requires the Department of Education to submit annual reports to the Legislature outlining certain information concerning capital improvement projects and facilities. Requires the reports to be posted on DOE's website annually in a searchable format. Provides that any CIP funds encumbered for more than five years without commencement of construction to be identified and justified, or be subject to legislative review for reversion or reassignment. Establishes a five-year pilot program authorizing the Superintendent of Education to redesignate certain positions in the Office of Facilities and Operations as exempt from civil service laws. Effective 7/1/3000. (HD1)
Requires the Department of Education to submit annual reports to the Legislature outlining certain information concerning capital improvement projects and facilities. Requires the reports to be posted on DOE's website annually in a searchable format. Provides that any CIP funds encumbered for more than five years without commencement of construction shall be specifically identified and justified, or shall be subject to legislative review for reversion or reassignment. Establishes a five-year pilot program authorizing the Superintendent of Education to redesignate funded, vacant positions in the Office of Facilities and Operations as positions exempt from Hawaii's Civil Service Laws for the purpose of hiring qualified professionals. (SD2)
Requires the Department of Education to submit annual reports to the Legislature outlining certain information concerning capital improvement projects and facilities. Requires the reports to be posted on DOE's website annually in a searchable format. Provides that any CIP funds encumbered for more than five years without commencement of construction shall be specifically identified and justified, or shall be subject to legislative review for reversion or reassignment. Establishes a five-year pilot program authorizing the Superintendent of Education to redesignate funded, vacant positions in the Office of Facilities and Operations as positions exempt from Hawaii's Civil Service Laws for the purpose of hiring qualified professionals. (SD1)
Requires the Department of Education to submit annual reports to the Legislature outlining certain information concerning capital improvement projects and facilities. Requires the reports to be posted on DOE's website annually in a searchable format. Provides that any CIP funds encumbered for more than five years without commencement of construction shall be specifically identified and justified, or shall be subject to legislative review for reversion or reassignment. Establishes a five-year pilot program authorizing the Superintendent of Education to redesignate funded, vacant positions in the Office of Facilities and Operations as positions exempt from Hawaii's Civil Service Laws for the purpose of hiring qualified professionals. (Proposed SD1)
Short form bill.
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THE SENATE |
S.B. NO. |
896 |
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THIRTY-THIRD LEGISLATURE, 2025 |
S.D. 2 |
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STATE OF HAWAII |
H.D. 2 |
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A BILL FOR AN ACT
RELATING TO EDUCATION.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
The legislature further finds that transparency alone is insufficient if the department of education lacks the technical capacity to execute its projects and keep satisfactory records. For example, Heat Abatement, Report No. 25-09 from the office of the auditor, published August 2025, revealed systemic operational failures, noting that the department of education prioritized speed over planning, ignored professional engineering advice, and failed to account for long-term maintenance costs. Enhanced reporting and accountability measures are therefore necessary to ensure the efficient and effective stewardship of public funds and to promote timely completion of education-related infrastructure projects.
The legislature also finds that a significant cause of these failures is the department of education's inability to recruit and retain qualified technical professionals. 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 flexibility and technical competence.
Accordingly, the purpose of this Act is to strengthen the reliability, flexibility, safety, and fiscal accountability of public education service delivery by:
(1) Requiring the department of education to submit annual reports to the legislature outlining specified information concerning capital improvement projects and facilities and post the reports to its website in a searchable format;
(2) Requiring that any capital improvement project funds encumbered for more than five years without commencement of construction be specifically identified and justified or be subject to legislative review for potential reversion or reassignment; and
(3) Temporarily authorizing the superintendent 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.
SECTION 2. Chapter 302A, Hawaii Revised Statutes, is amended by adding a new section to part V, subpart B, to be appropriately designated and to read as follows:
"§302A- Capital improvement projects; facilities; annual reports. (a) The department shall submit an annual capital improvement project report to the legislature no later than thirty days prior to the convening of each regular session; provided that the reports under this section shall only apply to projects administered by the department and shall not include any of its attached agencies.
(b) The reports required in subsection (a) shall include, for each capital improvement project with appropriated or encumbered funds:
(1) The project title and location;
(2) Year or years of the appropriation and total amount appropriated;
(3) Amount encumbered and amount expended;
(4) Project phase (planning, design, procurement, construction, or completed);
(5) Original and current estimated completion dates;
(6) Explanation for any delay exceeding twenty-four months from the appropriation date for the project;
(7) Cost overruns, change orders, and re-appropriations requested or received;
(8) Name and title of the responsible project manager;
(9) Status of the project, including protests or redesigns; and
(10) Whether the project is on time and within budget.
(c) The department shall include the following information with the reports required by subsection (a):
(1) Total deferred maintenance backlog and year-over-year change;
(2) Number of licensed technical staff assigned to facilities management;
(3) Number of vacant facilities-related positions; and
(4) Total reliance on consultants, by dollar amount.
(d) The reports and all information required by this section shall be posted annually on the department's website in a searchable format.
(e) Any capital improvement project funds encumbered for more than five years without commencement of construction shall be specifically identified and justified, or shall be subject to legislative review for reversion or reassignment."
SECTION 3. Chapter 302A, Hawaii Revised Statutes, is amended by adding a new section to part VI to be appropriately designated and to read as follows:
"§302A- Office of facilities and operations; technical staff; pilot program. (a) Notwithstanding any other law to the contrary, the superintendent may redesignate and convert any existing position within the office of facilities and operations that is funded but vacant to be exempt from chapter 76 for the purpose of hiring qualified technical professionals; provided that:
(1) The total number of full-time equivalent positions within the office of facilities and operations shall not increase;
(2) The number of exempt positions established pursuant to this section shall not exceed twenty at any one time;
(3) The superintendent shall utilize existing vacant position counts to establish the exempt positions;
(4) The exemption shall apply exclusively to individuals with specialized expertise in the following areas:
(A) Construction project management; provided further that consultants for construction project management shall not be eligible for exempt positions established pursuant to this section;
(B) Construction inspection;
(C) Data management, project controls, or digital systems implementation; and
(D) Recordkeeping for all capital improvement projects; and
(5) Before the appointment of any exempt position under this section, the superintendent shall submit a plan to the board and legislature identifying the proposed organizational structure and specific digital project management system the office of facilities and operations will implement to track project status in real-time.
(b) Notwithstanding any law to the contrary and if negotiated pursuant to section 89-9, for those employees within appropriate bargaining units under section 89-6, the superintendent may fix the compensation for positions redesignated and converted to positions exempt from chapter 76 under this section at rates comparable to prevailing market rates.
(c) The department shall submit an annual report to the legislature no later than thirty days prior to the convening of each regular session, including:
(1) Specific vacant positions that were redesignated as exempt under this section;
(2) Deliverables achieved by newly appointed exempt professionals; and
(3) The impact of exempt appointments made pursuant to this section on the efficiency of facility repair and maintenance projects."
SECTION 4. New statutory material is underscored.
SECTION 5. This Act shall take effect on July 1, 3000; provided that section 3 shall be repealed on June 30, 2029.
Report Title:
DOE; Superintendent; Office of Facilities and Operations; Capital Improvement Projects; Facilities; Website; Exempt Positions; Pilot Program; Reports
Description:
Requires the Department of Education to submit annual reports to the Legislature outlining certain information concerning capital improvement projects and facilities. Requires the reports to be posted on DOE's website annually in a searchable format. Provides that any CIP funds encumbered for more than five years without commencement of construction to be identified and justified, or be subject to legislative review for reversion or reassignment. Establishes a three-year pilot program authorizing the Superintendent to redesignate certain positions in the Office of Facilities and Operations as exempt from civil service laws. Effective 7/1/3000. (HD2)
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
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THE SENATE |
S.B. NO. |
896 |
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THIRTY-THIRD LEGISLATURE, 2025 |
S.D. 2 |
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STATE OF HAWAII |
H.D. 1 |
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A BILL FOR AN ACT
RELATING TO EDUCATION.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
The legislature further finds that transparency alone is insufficient if the department of education lacks the technical capacity to execute its projects and keep satisfactory records. For example, Heat Abatement, Report No. 25-09 from the office of the auditor, published August 2025, revealed systemic operational failures, noting that the department of education prioritized speed over planning, ignored professional engineering advice, and failed to account for long-term maintenance costs. Enhanced reporting and accountability measures are therefore necessary to ensure the efficient and effective stewardship of public funds and to promote timely completion of education-related infrastructure projects.
The legislature also finds that a significant cause of these failures is the department of education's inability to recruit and retain qualified technical professionals. 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 flexibility and technical competence.
Accordingly, the purpose of this Act is to strengthen the reliability, flexibility, safety, and fiscal accountability of public education service delivery by:
(1) Requiring the department of education to submit annual reports to the legislature outlining specified information concerning capital improvement projects and facilities and post the reports to its website in a searchable format;
(2) Requiring that any capital improvement project funds encumbered for more than five years without commencement of construction be specifically identified and justified or be subject to legislative review for potential reversion or reassignment; and
(3) Authorizing 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.
SECTION 2. Chapter 302A, Hawaii Revised Statutes, is amended by adding a new section to part V, subpart B, to be appropriately designated and to read as follows:
"§302A- Capital improvement projects; facilities; annual reports. (a) The department shall submit an annual capital improvement project report to the legislature no later than thirty days prior to the convening of each regular session.
(b) The reports required in subsection (a) shall include, for each capital improvement project with appropriated or encumbered funds:
(1) The project title and location;
(2) Year or years of the appropriation and total amount appropriated;
(3) Amount encumbered and amount expended;
(4) Project phase (planning, design, procurement, construction, or completed);
(5) Original and current estimated completion dates;
(6) Explanation for any delay exceeding twenty-four months from the appropriation date for the project;
(7) Cost overruns, change orders, and re-appropriations requested or received;
(8) Name and title of the responsible project manager;
(9) Status of the project, including protests or redesigns; and
(10) Whether the project is on time and within budget.
(c) The department shall include the following information with the reports required by subsection (a):
(1) Total deferred maintenance backlog and year-over-year change;
(2) Number of licensed technical staff assigned to facilities management;
(3) Number of vacant facilities-related positions; and
(4) Total reliance on consultants, by dollar amount.
(d) The reports and all information required by this section shall be posted annually on the department's website in a searchable format.
(e) Any capital improvement project funds encumbered for more than five years without commencement of construction shall be specifically identified and justified, or shall be subject to legislative review for reversion or reassignment."
SECTION 3. Chapter 302A, Hawaii Revised Statutes, is amended by adding a new section to part VI to be appropriately designated and to read as follows:
"§302A- Office of facilities and operations; technical staff; pilot program. (a) Notwithstanding any other law to the contrary, the superintendent may redesignate and convert any existing position within the office of facilities and operations that is funded but vacant to be exempt from chapter 76 for the purpose of hiring qualified technical professionals; provided that:
(1) The total number of full-time equivalent positions within the office of facilities and operations shall not increase;
(2) The number of exempt positions established pursuant to this section shall not exceed twenty at any one time;
(3) The superintendent shall utilize existing vacant position counts to establish the exempt positions;
(4) The exemption shall apply exclusively to individuals with specialized expertise in the following areas:
(A) Construction project management; provided further that consultants for construction project management shall not be eligible for exempt positions established pursuant to this section;
(B) Construction inspection;
(C) Data management, project controls, or digital systems implementation; and
(D) Recordkeeping for all capital improvement projects; and
(5) Before the appointment of any exempt position under this section, the superintendent shall submit a plan to the board and legislature identifying the proposed organizational structure and specific digital project management system the office of facilities and operations will implement to track project status in real-time.
(b) The superintendent may fix the compensation for positions redesignated and converted to positions exempt from chapter 76 under this section at rates comparable to prevailing market rates.
(c) The department shall submit an annual report to the legislature no later than thirty days prior to the convening of each regular session, including:
(1) Specific vacant positions that were redesignated as exempt under this section;
(2) Deliverables achieved by newly appointed exempt professionals; and
(3) The impact of exempt appointments made pursuant to this section on the efficiency of facility repair and maintenance projects."
SECTION 4. New statutory material is underscored.
SECTION 5. This Act shall take effect on July 1, 3000; provided that section 3 shall be repealed on June 30, 2031.
Report Title:
DOE; Superintendent; Office of Facilities and Operations; Capital Improvement Projects; Facilities; Website; Exempt Positions; Pilot Program; Reports
Description:
Requires the Department of Education to submit annual reports to the Legislature outlining certain information concerning capital improvement projects and facilities. Requires the reports to be posted on DOE's website annually in a searchable format. Provides that any CIP funds encumbered for more than five years without commencement of construction to be identified and justified, or be subject to legislative review for reversion or reassignment. Establishes a five-year pilot program authorizing the Superintendent of Education to redesignate certain positions in the Office of Facilities and Operations as exempt from civil service laws. Effective 7/1/3000. (HD1)
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
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THE SENATE |
S.B. NO. |
896 |
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THIRTY-THIRD LEGISLATURE, 2025 |
S.D. 2 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO EDUCATION.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
The legislature further finds that a significant cause of these failures is the department of education's inability to recruit and retain qualified technical professionals. 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 flexibility and technical competence.
Accordingly, the purpose of this Act is to strengthen the reliability, flexibility, safety, and fiscal accountability of public education service delivery by:
(1) Requiring the department of education to submit annual reports to the legislature outlining specified information concerning capital improvement projects and facilities and post the reports to its website in a searchable format;
(2) Requiring that any capital improvement project funds encumbered for more than five years without commencement of construction be specifically identified and justified or be subject to legislative review for potential reversion or reassignment; and
(3) Authorizing 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.
SECTION 2. Chapter 302A, Hawaii Revised Statutes, is amended by adding a new section to part V, subpart B, to be appropriately designated and to read as follows:
"§302A- Capital improvement projects; facilities; annual reports. (a) The department shall submit an annual capital improvement project report to the legislature no later than thirty days prior to the convening of each regular session.
(b) The reports required in subsection (a) shall include, for each capital improvement project with appropriated or encumbered funds:
(1) The project title and location;
(2) Year or years of the appropriation and total amount appropriated;
(3) Amount encumbered and amount expended;
(4) Project phase (planning, design, procurement, construction, or completed);
(5) Original and current estimated completion dates;
(6) Explanation for any delay exceeding twenty-four months from the appropriation date for the project;
(7) Cost overruns, change orders, and re-appropriations requested or received;
(8) Name and title of the responsible project manager;
(9) Status of the project, including protests or redesigns; and
(10) Whether the project is on time and within budget.
(c) The department shall include the following information with the reports required by this section:
(1) Total deferred maintenance backlog and year-over-year change;
(2) Number of licensed technical staff assigned to facilities management;
(3) Number of vacant facilities-related positions; and
(4) Total reliance on consultants, by dollar amount.
(d) The report and all information required by this section shall be posted annually on the department's website in a searchable format.
(e) Any capital improvement project funds encumbered for more than five years without commencement of construction shall be specifically identified and justified, or shall be subject to legislative review for reversion or reassignment."
SECTION 3. Chapter 302A, Hawaii Revised Statutes, is amended by adding a new section to part VI to be appropriately designated and to read as follows:
"§302A- Office of facilities and operations; technical staff; pilot program. (a) Notwithstanding any other law to the contrary, the superintendent may redesignate and convert any existing position within the office of facilities and operations that is funded but vacant to be exempt from chapter 76 for the purpose of hiring qualified technical professionals; provided that:
(1) The total number of full-time equivalent positions within the office of facilities and operations shall not increase;
(2) The number of exempt positions established pursuant to this section shall not exceed twenty at any one time;
(3) The superintendent shall utilize existing vacant position counts to establish the exempt positions;
(4) The exemption shall apply exclusively to individuals with specialized expertise in the following areas:
(A) Construction project management; provided further that consultants for construction project management shall not be eligible for exempt positions established pursuant to this section;
(B) Construction inspection;
(C) Data management, project controls, or digital systems implementation; and
(D) Recordkeeping for all capital improvement projects; and
(5) Before the appointment of any exempt position under this section, the superintendent shall submit a plan to the board and legislature identifying the proposed organizational structure and specific digital project management system the office of facilities and operations will implement to track project status in real-time.
(b) The superintendent may fix the compensation for positions redesignated and converted to positions exempt from chapter 76 under this section at rates comparable to prevailing market rates.
(c) The department shall submit an annual report to the legislature no later than thirty days prior to the convening of each regular session, including:
(1) Specific vacant positions that were redesignated as exempt under this section;
(2) Deliverables achieved by newly appointed exempt professionals; and
(3) The impact of exempt appointments made pursuant to this section on the efficiency of facility repair and maintenance projects."
SECTION 4. New statutory material is underscored.
SECTION 5. This Act shall take effect on July 1, 2026; provided that section 3 shall be repealed on June 30, 2031.
Report Title:
DOE; Superintendent; Office of Facilities and Operations; Capital Improvement Projects; Facilities; Website; Exempt Positions; Pilot Program; Reports
Description:
Requires the Department of Education to submit annual reports to the Legislature outlining certain information concerning capital improvement projects and facilities. Requires the reports to be posted on DOE's website annually in a searchable format. Provides that any CIP funds encumbered for more than five years without commencement of construction shall be specifically identified and justified, or shall be subject to legislative review for reversion or reassignment. Establishes a five-year pilot program authorizing the Superintendent of Education to redesignate funded, vacant positions in the Office of Facilities and Operations as positions exempt from Hawaii's Civil Service Laws for the purpose of hiring qualified professionals. (SD2)
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
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THE SENATE |
S.B. NO. |
896 |
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THIRTY-THIRD LEGISLATURE, 2025 |
S.D. 1 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO EDUCATION.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
The legislature further finds that a significant cause of these failures is the department of education's inability to recruit and retain qualified technical professionals. 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.
Accordingly, the purpose of this Act is to strengthen the reliability, flexibility, safety, and fiscal accountability of public education service delivery by:
(1) Requiring the department of education to submit annual reports to the legislature outlining specified information concerning capital improvement projects and facilities and post the reports to its website in a searchable format;
(2) Requiring that any capital improvement project funds encumbered for more than five years without commencement of construction be specifically identified and justified or be subject to legislative review for potential reversion or reassignment; and
(3) Authorizing 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.
SECTION 2. Chapter 302A, Hawaii Revised Statutes, is amended by adding a new section to part IV, subpart B, to be appropriately designated and to read as follows:
"§302A- Capital improvement projects; facilities; annual reports. (a) The department shall submit an annual capital improvement project report to the legislature no later than thirty days prior to the convening of each regular session.
(b) The reports required in subsection (a) shall include, for each capital improvement project with appropriated or encumbered funds:
(1) The project title and location;
(2) Year or years of the appropriation and total amount appropriated;
(3) Amount encumbered and amount expended;
(4) Project phase (planning, design, procurement, construction, or completed);
(5) Original and current estimated completion dates;
(6) Explanation for any delay exceeding twenty-four months from the appropriation date for the project;
(7) Cost overruns, change orders, and re-appropriations requested or received;
(8) Name and title of the responsible project manager;
(9) Status of the project, including protests or redesigns; and
(10) Whether the project is on time and within budget.
(c) The department shall include the following information with the reports required by this section:
(1) Total deferred maintenance backlog and year-over-year change;
(2) Number of licensed technical staff assigned to facilities management;
(3) Number of vacant facilities-related positions; and
(4) Total reliance on consultants, by dollar amount.
(d) The report and all information required by this section shall be posted annually on the department's website in a searchable format.
(e) Any capital improvement project funds encumbered for more than five years without commencement of construction shall be specifically identified and justified, or shall be subject to legislative review for reversion or reassignment."
SECTION 3. Chapter 302A, Hawaii Revised Statutes, is amended by adding a new section to part VI to be appropriately designated and to read as follows:
"§302A- Office of facilities and operations; technical staff; pilot program. (a) Notwithstanding any other law to the contrary, the superintendent may redesignate and convert any existing position within the office of facilities and operations that is funded but vacant to be exempt from chapter 76 for the purpose of hiring qualified technical professionals; provided that:
(1) The total number of full-time equivalent positions within the office of facilities and operations shall not increase;
(2) The number of exempt positions established pursuant to this section shall not exceed twenty at any one time;
(3) The superintendent shall utilize existing vacant position counts to establish the exempt positions;
(4) The exemption shall apply exclusively to individuals with specialized expertise in the following areas:
(A) Construction project management; provided further that consultants for construction project management shall not be eligible for exempt positions established pursuant to this section;
(B) Construction inspection;
(C) Data management, project controls, or digital systems implementation; and
(D) Recordkeeping for all capital improvement projects; and
(5) Before the appointment of any exempt position under this section, the superintendent shall submit a plan to the board and legislature identifying the proposed organizational structure and specific digital project management system the office of facilities and operations will implement to track project status in real-time.
(b) The superintendent may fix the compensation for positions redesignated and converted to positions exempt from chapter 76 under this section at rates comparable to prevailing market rates.
(c) The department shall submit an annual report to the legislature no later than thirty days prior to the convening of each regular session, including:
(1) Specific vacant positions that were redesignated as exempt under this section;
(2) Deliverables achieved by newly appointed exempt professionals; and
(3) The impact of exempt appointments made pursuant to this section on the efficiency of facility repair and maintenance projects."
SECTION 4. New statutory material is underscored.
SECTION 5. This Act shall take effect on July 1, 2026; provided that section 3 shall be repealed on June 30, 2031.
Report Title:
DOE; Superintendent; Office of Facilities and Operations; Capital Improvement Projects; Facilities; Reports; Website; Exempt Positions; Pilot Program
Description:
Requires the Department of Education to submit annual reports to the Legislature outlining certain information concerning capital improvement projects and facilities. Requires the reports to be posted on DOE's website annually in a searchable format. Provides that any CIP funds encumbered for more than five years without commencement of construction shall be specifically identified and justified, or shall be subject to legislative review for reversion or reassignment. Establishes a five-year pilot program authorizing the Superintendent of Education to redesignate funded, vacant positions in the Office of Facilities and Operations as positions exempt from Hawaii's Civil Service Laws for the purpose of hiring qualified professionals. (SD1)
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
|
THE SENATE |
S.B. NO. |
896 |
|
THIRTY-THIRD LEGISLATURE, 2025 |
S.D. 1 |
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STATE OF HAWAII |
Proposed |
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A BILL FOR AN ACT
RELATING TO EDUCATION.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
The legislature further finds that a significant cause of these failures is the department of education's inability to recruit and retain qualified technical professionals. 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.
Accordingly, the purpose of this Act is to strengthen the reliability, flexibility, safety, and fiscal accountability of public education service delivery by:
(1) Requiring the department of education to submit annual reports to the legislature outlining specified information concerning capital improvement projects and facilities and post the reports to its website in a searchable format;
(2) Requiring that any capital improvement project funds encumbered for more than five years without commencement of construction be specifically identified and justified or be subject to legislative review for potential reversion or reassignment; and
(3) Authorizing 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.
SECTION 2. Chapter 302A, Hawaii Revised Statutes, is amended by adding a new section to part IV, subpart B, to be appropriately designated and to read as follows:
"§302A- Capital improvement projects; facilities; annual reports. (a) The department shall submit an annual capital improvement project report to the legislature no later than thirty days prior to the convening of each regular session.
(b) The reports required in subsection (a) shall include, for each capital improvement project with appropriated or encumbered funds:
(1) The project title and location;
(2) Year or years of the appropriation and total amount appropriated;
(3) Amount encumbered and amount expended;
(4) Project phase (planning, design, procurement, construction, or completed);
(5) Original and current estimated completion dates;
(6) Explanation for any delay exceeding twenty-four months from the appropriation date for the project;
(7) Cost overruns, change orders, and re-appropriations requested or received;
(8) Name and title of the responsible project manager;
(9) Status of the project, including protests or redesigns; and
(10) Whether the project is on time and within budget.
(c) The department shall include the following information with the reports required by this section:
(1) Total deferred maintenance backlog and year-over-year change;
(2) Number of licensed technical staff assigned to facilities management;
(3) Number of vacant facilities-related positions; and
(4) Total reliance on consultants, by dollar amount.
(d) The report and all information required by this section shall be posted annually on the department's website in a searchable format.
(e) Any capital improvement project funds encumbered for more than five years without commencement of construction shall be specifically identified and justified, or shall be subject to legislative review for reversion or reassignment."
SECTION 3. Chapter 302A, Hawaii Revised Statutes, is amended by adding a new section to part VI to be appropriately designated and to read as follows:
"§302A- Office of facilities and operations; technical staff; pilot program. (a) Notwithstanding any other law to the contrary, the superintendent may redesignate and convert any existing position within the office of facilities and operations that is funded but vacant to be exempt from chapter 76 for the purpose of hiring qualified technical professionals; provided that:
(1) The total number of full-time equivalent positions within the office of facilities and operations shall not increase;
(2) The number of exempt positions established pursuant to this section shall not exceed twenty at any one time;
(3) The superintendent shall utilize existing vacant position counts to establish the exempt positions;
(4) The exemption shall apply exclusively to individuals with specialized expertise in the following areas:
(A) Construction project management; provided further that consultants for construction project management shall not be eligible for exempt positions established pursuant to this section;
(B) Construction inspection;
(C) Data management, project controls, or digital systems implementation; and
(D) Recordkeeping for all capital improvement projects; and
(5) Before the appointment of any exempt position under this section, the superintendent shall submit a plan to the board and legislature identifying the proposed organizational structure and specific digital project management system the office of facilities and operations will implement to track project status in real-time.
(b) The superintendent may fix the compensation for positions redesignated and converted to positions exempt from chapter 76 under this section at rates comparable to prevailing market rates.
(c) The department shall submit an annual report to the legislature no later than thirty days prior to the convening of each regular session, including:
(1) Specific vacant positions that were redesignated as exempt under this section;
(2) Deliverables achieved by newly appointed exempt professionals; and
(3) The impact of exempt appointments made pursuant to this section on the efficiency of facility repair and maintenance projects."
SECTION 4. New statutory material is underscored.
SECTION 5. This Act shall take effect on July 1, 2026; provided that section 3 shall be repealed on June 30, 2031.
Report Title:
DOE; Superintendent; Office of Facilities and Operations; Capital Improvement Projects; Facilities; Reports; Website; Exempt Positions; Pilot Program
Description:
Requires the Department of Education to submit annual reports to the Legislature outlining certain information concerning capital improvement projects and facilities. Requires the reports to be posted on DOE's website annually in a searchable format. Provides that any CIP funds encumbered for more than five years without commencement of construction shall be specifically identified and justified, or shall be subject to legislative review for reversion or reassignment. Establishes a five-year pilot program authorizing the Superintendent of Education to redesignate funded, vacant positions in the Office of Facilities and Operations as positions exempt from Hawaii's Civil Service Laws for the purpose of hiring qualified professionals. (Proposed SD1)
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
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THE SENATE |
S.B. NO. |
896 |
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THIRTY-THIRD LEGISLATURE, 2025 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO Education.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
Section 1. The purpose of this Act is to effectuate the title of this Act.
SECTION 2. The Hawaii Revised Statutes is amended to conform to the purpose of this Act.
SECTION 3. This Act shall take effect upon its approval.
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INTRODUCED BY: |
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Date
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Status
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| Mar 30, 2026 | Report adopted; referred to the committee(s) on FIN as amended in HD 2 with none voting aye with reservations; none voting no (0) and Representative(s) Cochran, Lowen, Perruso, Quinlan excused (4). |
| Mar 30, 2026 | Reported from LAB (Stand. Com. Rep. No. 1462-26) as amended in HD 2, recommending referral to FIN. |
| Mar 24, 2026 | The committee on LAB recommend that the measure be PASSED, WITH AMENDMENTS. The votes were as follows: 6 Ayes: Representative(s) Sayama, Lee, M., Garrett, Kapela, Kong, Reyes Oda; Ayes with reservations: none; Noes: none; and Excused: none. |
| Mar 20, 2026 | Bill scheduled to be heard by LAB on Tuesday, 03-24-26 9:30AM in House conference room 309 VIA VIDEOCONFERENCE. |
| Mar 20, 2026 | Passed Second Reading as amended in HD 1 and referred to the committee(s) on LAB with none voting aye with reservations; none voting no (0) and Representative(s) Quinlan excused (1). |
| Mar 20, 2026 | Reported from EDN (Stand. Com. Rep. No. 1287-26) as amended in HD 1, recommending passage on Second Reading and referral to LAB. |
| Mar 19, 2026 | The committee on EDN recommend that the measure be PASSED, WITH AMENDMENTS. The votes were as follows: 9 Ayes: Representative(s) Woodson, La Chica, Amato, Evslin, Garrett, Kapela, Muraoka, Souza; Ayes with reservations: Representative(s) Olds; Noes: none; and 1 Excused: Representative(s) Kila. |
| Mar 17, 2026 | Bill scheduled to be heard by EDN on Thursday, 03-19-26 2:00PM in House conference room 309 VIA VIDEOCONFERENCE. |
| Mar 10, 2026 | Referred to EDN, LAB, FIN, referral sheet 15 |
| Mar 6, 2026 | Pass First Reading |
| Mar 5, 2026 | Received from Senate (Sen. Com. No. 19) in amended form (SD 2). |
| Mar 5, 2026 | Passed Third Reading, as amended (SD 2). Ayes, 24; Aye(s) with reservations: none. Noes, 0 (none). Excused, 1 (Senator(s) Ihara). Transmitted to House. |
| Feb 24, 2026 | 48 Hrs. Notice 03-05-26. |
| Feb 24, 2026 | Report adopted; Passed Second Reading, as amended (SD 2). |
| Feb 24, 2026 | Reported from EDU (Stand. Com. Rep. No. 2707) with recommendation of passage on Second Reading, as amended (SD 2) and placement on the calendar for Third Reading. |
| Feb 18, 2026 | The committee(s) on EDU recommend(s) that the measure be PASSED, WITH AMENDMENTS. The votes in EDU were as follows: 3 Aye(s): Senator(s) Kim, Hashimoto, DeCorte; Aye(s) with reservations: none ; 0 No(es): none; and 2 Excused: Senator(s) Kidani, Fukunaga. |
| Feb 13, 2026 | The committee(s) on EDU has scheduled a public hearing on 02-18-26 1:02PM; CR 229 & Videoconference. |
| Feb 13, 2026 | Report adopted, as amended (SD 1) and recommitted to EDU. |
| Feb 13, 2026 | Reported from EDU (Stand. Com. Rep. No. 2243) as amended (SD 1), with recommendation of recommittal to EDU. |
| Feb 11, 2026 | The committee(s) on EDU recommend(s) that the measure be PASSED, WITH AMENDMENTS and be recommitted. The votes in EDU were as follows: 4 Aye(s): Senator(s) Kim, Kidani, Hashimoto, DeCorte; Aye(s) with reservations: none ; 0 No(es): none; and 1 Excused: Senator(s) Fukunaga. |
| Feb 6, 2026 | The committee(s) on EDU will hold a public decision making on 02-11-26 1:29PM; Conference Room 229 & Videoconference. |
| Dec 8, 2025 | Carried over to 2026 Regular Session. |
| Jan 23, 2025 | Referred to EDU. |
| Jan 21, 2025 | Passed First Reading. |
| Jan 17, 2025 | Introduced. |
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Date
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Description
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Location
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Votes
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| Mar 24, 2026 | The committee on LAB recommend that the measure be PASSED, WITH AMENDMENTS | House Standing Committee on Labor |
Passed |
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| Mar 19, 2026 | The committee on EDN recommend that the measure be PASSED, WITH AMENDMENTS | House Standing Committee on Education |
Passed |
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| Mar 5, 2026 | Third Reading | Senate Floor |
Passed |
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| Feb 18, 2026 | The committee(s) on EDU recommend(s) that the measure be PASSED, WITH AMENDMENTS | Senate Standing Committee on Education |
Passed |
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| Feb 11, 2026 | The committee(s) on EDU recommend(s) that the measure be PASSED, WITH AMENDMENTS and be recommitted | Senate Standing Committee on Education |
Passed |
This list shows positions taken on this bill by organizations on the date displayed, which is linked to the original source.
Positions by individuals are not included.
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Organization
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Position
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Date
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| AFL-CIO | ** Against | |
| AFSCME Local 152, AFL-CIO | *** Against | Mar 24, 2026 |
| HAWAII GOVERNMENT EMPLOYEES ASSOCIATION | *** Against | Mar 24, 2026 |
| Hawaii Government Employees Association (AFSCME Local 152, AFL-CIO) | *** Against | Mar 24, 2026 |
STAND. COM. REP. NO. 2707
Honolulu, Hawaii
RE: S.B. No. 896
S.D. 2
Honorable Ronald D. Kouchi
President of the Senate
Thirty-Third State Legislature
Regular Session of 2026
State of Hawaii
Sir:
Your Committee on Education, to which was referred S.B. No. 896, S.D. 1, entitled:
"A BILL FOR AN ACT RELATING TO EDUCATION,"
begs leave to report as follows:
The purpose and intent of this measure is to:
(1) Require the Department of Education to submit annual reports to the Legislature outlining certain information concerning capital improvement projects and facilities;
(2) Require the reports to be posted on the Department of Education's website annually in a searchable format;
(3) Provide that any capital improvement project funds encumbered for more than five years without commencement of construction shall be specifically identified and justified, or shall be subject to legislative review for reversion or reassignment; and
(4) Establish a five-year pilot program authorizing the Superintendent of Education to redesignate funded, vacant positions in the Office of Facilities and Operations as positions exempt from the State's Civil Service Laws for the purpose of hiring qualified professionals.
Your Committee received testimony in support of this measure from one individual.
Your Committee received testimony in opposition to this measure from the Hawaii Government Employees Association, AFSCME Local 152, AFL-CIO.
Your Committee received comments on this measure from the Department of the Attorney General and Department of Education.
Your Committee finds that delays, prolonged encumbrances, underutilization, and lack of transparency in capital improvement project implementation within the Department of Education has directly impacted the delivery, continuity, and quality of educational services. This is evidenced by the fact that the Office of the Auditor reported that the Department of Education prioritized speed over planning, which has led to systemic operational failures. Your Committee believes that it is imperative for the execution of capital improvement projects to be transparent, informed, and technically sound. Therefore, this measure will improve public education by prioritizing accountability, fiscal responsibility, and qualified expertise.
Your Committee has amended this measure by making technical, nonsubstantive amendments for the purposes of clarity and consistency.
As affirmed by the record of votes of the members of your Committee on Education that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 896, S.D. 1, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 896, S.D. 2, and be placed on the calendar for Third Reading.
Respectfully submitted on behalf of the members of the Committee on Education,
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________________________________ DONNA MERCADO KIM, Chair |
STAND. COM. REP. NO. 2243
Honolulu, Hawaii
RE: S.B. No. 896
S.D. 1
Honorable Ronald D. Kouchi
President of the Senate
Thirty-Third State Legislature
Regular Session of 2026
State of Hawaii
Sir:
Your Committee on Education, to which was referred S.B. No. 896 entitled:
"A BILL FOR AN ACT RELATING TO EDUCATION,"
begs leave to report as follows:
The purpose and intent of this measure is to amend the law relating to education.
Prior to the hearing on this measure, your Committee posted and made available for public review a proposed S.D. 1, which amends this measure by deleting its contents and replacing it with language to:
(1) Require the Department of Education to submit annual reports to the Legislature outlining certain information concerning capital improvement projects and facilities;
(2) Require the reports to be posted on the Department's website annually in a searchable format;
(3) Provide that any capital improvement project funds encumbered for more than five years without commencement of construction shall be specifically identified and justified, or shall be subject to legislative review for reversion or reassignment; and
(4) Establish a five-year pilot program authorizing the Superintendent of Education to redesignate funded, vacant positions in the Office of Facilities and Operations as positions exempt from Hawaii's Civil Service Laws for the purpose of hiring qualified professionals.
Your Committee has amended this measure by adopting the proposed S.D. 1.
As affirmed by the record of votes of the members of your Committee on Education that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 896, as amended herein, and recommends that it be recommitted to your Committee on Education, in the form attached hereto as S.B. No. 896, S.D. 1, for further consideration.
Respectfully submitted on behalf of the members of the Committee on Education,
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________________________________ DONNA MERCADO KIM, Chair |
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Date
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Testimony PDF
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| Mar 24, 2026 | SB896_HD1_TESTIMONY_LAB_03-24-26_.PDF |
| Mar 18, 2026 | SB896_SD2_TESTIMONY_EDN_03-19-26_.PDF |
| Feb 18, 2026 | SB896_SD1_TESTIMONY_EDU_02-18-26_.PDF |
Discussed in Hearing
4MIN
House Standing Committee on Labor
53SEC
House Standing Committee on Labor
4MIN
House Standing Committee on Education
48SEC
House Standing Committee on Education
18SEC
Senate Floor
22MIN
Senate Standing Committee on Education
22MIN
Senate Standing Committee on Water, Land, Culture and the Arts
33SEC
Senate Standing Committee on Education
Bill Author
Bill Co-Author(s):