STAND. COM. REP. NO. 1269

Honolulu, Hawaii

, 2005

RE: S.B. No. 1876

S.D. 2

H.D. 1

 

 

 

Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-Third State Legislature

Regular Session of 2005

State of Hawaii

Sir:

Your Committee on Judiciary, to which was referred S.B. No. 1876, S.D. 2, entitled:

"A BILL FOR AN ACT RELATING TO HIGHWAYS,"

begs leave to report as follows:

The purpose of this bill is to facilitate the use of federal alternative standards when repairing or reconstructing a scenic highway.

As received, this bill:

(1) Applies alternate federal guidelines in the repair or reconstruction of legislatively-designated "scenic highways" that consider, among other things, safety, the area's constructed and natural environment, and scenic, environmental, aesthetic, historic, community, and preservation impacts;

(2) Immunizes the State and public utilities from liability for injury or death occurring on these scenic highways, except when they have acted with gross negligence or wilful misconduct, or are found to be more than twenty-five per cent at fault;

(3) Establishes the Scenic Highways Advisory Commission (Commission) to recommend highways that should receive the "scenic highways" designation, subject to legislative approval; and

(4) Appropriates funds to cover the Commission's expenses.

The Department of Research and Development of the County of Hawaii, the Mayor of the County of Maui, Maui County Cultural Resources Commission, Hanalei Roads Committee, a Maui Council Member, and several concerned individuals testified in support of this bill. Verizon Hawaii supported the intent of this measure. The Department of Transportation (DOT) and Consumer Lawyers of Hawaii opposed this bill. An individual offered comments.

Upon further consideration, your Committee has amended this bill by replacing its contents with the language from H.B. No. 1239, H.D. 1, which passed out of the House of Representatives earlier this session after public hearings before the House Committees on Transportation and Finance.

As amended, this bill encourages flexibility in highway design that will ensure road and bridge projects meet the State's transportation needs as well as work well for the surrounding communities. This bill requires DOT to develop new design guidelines for road and bridge projects that address and balance appropriate financial, political, social, and economic policy concerns, including safety, cost-effectiveness, and environmental, aesthetic, and cultural preservation.

Your Committee has further amended this bill by:

(1) Listing additional considerations to be weighed in the development of new design guidelines, including:

(A) DOT's institutional experience;

(B) Cost benefit analysis; and

(C) Review of pertinent qualitative and safety studies, and other pertinent research;

(2) Specifying that the guidelines should provide for complete documentation, thereby making clear the processes and reasoning that support the decision;

 

(3) Noting DOT's reluctance to use alternative standards in repairing scenic highways due to the risk of liability, and suggesting that such risks can be avoided by fixing highway design safety problems in a timely manner;

(4) Specifying desirable outcomes that should result from the development of guidelines; and

(5) Changing the effective date to July 1, 2005.

As affirmed by the record of votes of the members of your Committee on Judiciary that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 1876, S.D. 2, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 1876, S.D. 2, H.D. 1, and be referred to the Committee on Finance.

Respectfully submitted on behalf of the members of the Committee on Judiciary,

 

____________________________

SYLVIA LUKE, Chair