Directs the department of transportation to establish new guidelines that take into account the need for flexibility in highway design. (SB1876 HD1)

A BILL FOR AN ACT

SECTION 1. Hawaii's rural communities are the heart and soul of the islands, reflecting the aloha spirit and natural beauty that are the essence of our state. As urbanization spreads throughout Hawaii, our rural communities are at risk of losing their unique identities. The imposition of uniform, conventional highway design can significantly detract from the unique identities of these communities.

During the past decade, highway design has undergone significant change. Today, engineers and planners are employing greater flexibility in the way they design road projects through context-sensitive design. Through the use of the Federal Highway Administration's Flexibility in Highway Design book and the AASHTO Green Book, published by the American Association of State Highway and Transportation Officials, engineers and planners are able to consider other design aspects in addition to safety and efficiency when building new roads or reconstructing old roads. This includes design aspects such as the environment, scenic and historic preservation, community effects, and aesthetics.

Congress has also acknowledged the importance of flexible highway design that is sensitive to its surrounding environment, especially in historic and scenic areas. Section 1016(a) of the Intermodal Surface Transportation Efficiency Act of 1991 allows approval of projects designed to allow for historic and scenic value preservation, while ensuring safe use. The National Highway System Act allows design of a highway on the National Highway System (other than interstates) to take into account the constructed and natural environment of the area, and the environmental, scenic, aesthetic, historic, community, and preservation impacts of the activity. This Act also gave the states flexibility to develop and apply criteria they deem appropriate for federal-aid projects not on the National Highway System. This federal 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.

Despite the range of flexibility clearly allowed by the Federal Highway Administration, American Association of State Highway and Transportation Officials, and federal law, our state department of transportation has expressed reluctance to develop and implement a process by which flexible design elements, such as historical, scenic, or environmental impacts, are considered. The state department of transportation has also expressed reluctance to use alternative standards in the repair or reconstruction of scenic highways because of the potential risk of liability.

The legislature finds that the department should address these concerns by developing guidelines that:

The legislature also finds that the department of transportation should address the liability concern by fixing, in a timely manner, all highway design safety problems of which the department is or should be aware. Accordingly, if the department has notice of an accident caused by a highway design or engineering problem, the department should fix the problem without undue delay.

It is the intent of the legislature to encourage flexibility in highway design that ensures that road and bridge projects adequately meet the State's transportation needs, exist in harmony with their surroundings, are safe and cost-effective, and add value to the communities they serve.

SECTION 2. (a) Before November 1, 2005, the director of transportation shall establish new design guidelines to govern new construction, reconstruction, resurfacing, restoration, or rehabilitation of bridges, principal and minor arterial roads, collector and local roads, and streets. In planning and developing a given highway project, the guidelines shall require the weighing of financial, political, social, and economic policy considerations such as the following:

The guidelines should also provide for complete documentation of the facts, circumstances, and considerations of the flexible design decision, including a complete articulation of the rationale behind the decision, thus making clear the processes and reasoning that support the decision.

(b) In establishing the guidelines described under this section, the director shall solicit and consider the views of elected officials and organizations, including but not limited to:

SECTION 3. This Act shall take effect on July 1, 2005.