Bill Text: HI SB1121 | 2025 | Regular Session | Introduced

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Bill Title: Relating To Transportation.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced) 2025-02-13 - The committee on GVO deferred the measure. [SB1121 Detail]

Download: Hawaii-2025-SB1121-Introduced.html

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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:

 

     SECTION 1.  The legislature finds that the construction and building sector is the largest emitter of greenhouse gas emissions.  According to the United Nations Environmental Program, this sector accounts for thirty-seven per cent of global greenhouse gas emissions.  In particular, construction vehicles have a heavy carbon footprint and emit harmful pollutants into the environment.

     The legislature further finds that all-electric construction vehicles, which are powered by electricity supplied by lithium-ion batteries, are becoming more widely available.  For example, all-electric excavators, wheel loaders, forklifts, and dump trucks are available to purchase.

     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.  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.

     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.  One strategy to accomplish this is by adopting a procurement preference for companies that use all-electric construction vehicles, particularly in transportation infrastructure projects.

     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.

     SECTION 2.  Chapter 103D, Hawaii Revised Statutes, is amended by adding a new section to part X to be appropriately designated and to read as follows:

     "§103D-     All-electric construction vehicles; department of transportation.  (a)  This section shall apply only to construction contracts procured by the department of transportation.

     (b)  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.

     (c)  A bidder or offeror who proposes performing the requested construction work using:

     (1)  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

     (2)  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.  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.  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.

     (d)  Notwithstanding subsection (c), the contract amount of any contract awarded shall be the amount of the bid or price offered, exclusive of the preference.

     (e)  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."

     SECTION 3.  Section 103D-1001, Hawaii Revised Statutes, is amended by adding two new definitions to be appropriately inserted and to read as follows:

     ""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.

     "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.  "Construction vehicle" does not include pick-up trucks or other equipment having a gross vehicle weight of ten thousand pounds or less."

     SECTION 4.  This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

     SECTION 5.  New statutory material is underscored.

     SECTION 6.  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.