Honorable Robert Bunda

President of the Senate

Twenty-Second State Legislature

Regular Session of 2003

State of Hawaii

Sir:

Your Committees on Transportation, Military Affairs and Government Operations and Judiciary and Hawaiian Affairs, to which was referred S.B. No. 711 entitled:

beg leave to report as follows:

The purpose of this measure is to require the Department of Transportation to use federal alternative standards whenever feasible for any new construction, reconstruction, resurfacing, restoration, or rehabilitation of any scenic highway in the state highway system, and to establish a scenic highways advisory commission.

Testimony in support of this measure was received from the Department of Transportation (DOT), Verizon Hawaii, Hawaiian Electric Company, Inc., Hawaii Electric Light Company, Maui Electric Company, and two individuals. Testimony in opposition was received from the Consumer Lawyers of Hawaii.

In 1991, Congress passed the Intermodal Surface Transportation Efficiency Act to recognized the importance of good design that is sensitive to its surrounding environment, especially in historic and scenic areas. Aesthetic, scenic, historic, cultural, and natural resources of an area are important factors that create a sense of place and provide communities with an identity. In 1995, Congress strengthened this position in the National Highway System Act to give the states the flexibility to develop and apply criteria they deem appropriate for federal-aid projects not on the national highway system.

Your Committees find that there is a federal policy framework that encourages creativity and sensitivity, while achieving safety and efficiency. This policy framework recommends early identification of critical project issues and encourages thorough consideration of community concerns and input prior to major decisions that can severely limit all other options.

It is the intent of your Committees to encourage the highest quality design to ensure that road and bridge projects adequately meet the State's transportation needs, exist in harmony with their surroundings, and add value to the communities they serve.

Your Committees further find that the state Department of Transportation may be reluctant to use alternative standards in the repair or reconstruction of scenic highways because of the potential risk of liability. This measure limits the State's liability in these types of cases involving accidents on scenic highways, which have been repaired using alternative federal standards, unless the injury resulted from gross negligence or wilful misconduct on the part of the State, or a court has found the State to have been more than twenty-five per cent at fault in that accident.

As affirmed by the records of votes of the members of your Committees on Transportation, Military Affairs and Government Operations and Judiciary and Hawaiian Affairs that are attached to this report, your Committees are in accord with the intent and purpose of S.B. No. 711 and recommend that it pass Second Reading and be referred to the Committee on Ways and Means.