STAND. COM. REP. NO. 1630
Honolulu, Hawaii
, 2005
RE: S.B. No. 1876
S.D. 2
H.D. 2
Honorable Calvin K.Y. Say
Speaker, House of Representatives
Twenty-Third State Legislature
Regular Session of 2005
State of Hawaii
Sir:
Your Committee on Finance, to which was referred S.B. No. 1876, S.D. 2, H.D. 1, entitled:
"A BILL FOR AN ACT RELATING TO HIGHWAYS,"
begs leave to report as follows:
The purpose of this bill is to encourage flexibility in highway design that will ensure road and bridge projects meet the State's transportation needs as well as the interests of surrounding communities. This measure also requires the Department of Transportation (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.
The Mayor of Maui County, Maui County Cultural Resources Commission, and numerous concerned individuals testified in support of this bill. Hanalei Roads Committee and a concerned individual supported this bill with amendments. DOT opposed this measure. The Department of the Attorney General and Consumer Lawyers of Hawaii offered comments.
Among other things, your Committee has amended this measure by:
(1) Establishing in statute DOT's authority to select and apply flexible highway design guidelines consistent with practices used by the Federal Highway Administration and the American Association of State Highway Transportation Officials;
(2) Specifying the factors which DOT must consider in establishing flexible highway design guidelines;
(3) Establishing in purpose and in statute that the application of flexible highway design shall not give rise to a cause of action or claim against the State, DOT, the counties, or any officer, employee, or agent of the State, DOT, the counties, or a public utility regulated under chapter 269, Hawaii Revised Statutes (HRS), that places its facilities within the highway right of way;
(4) Requiring the Director of DOT to establish a process to address flexible highway design when considering improvements on certain specified highways;
(5) Changing the effective date to July 1, 2010, to encourage further discussion; and
(6) Making technical, nonsubstantive amendments for clarity and style.
Your Committee notes that this measure is being amended to make it explicit that the State is immune from liability for the decision to use alternative guidelines, and therefore not subject to existing requirements, such as section 663-10.9(4), HRS, for roadway liability. This exception from liability, however, applies only to the decision to use alternative guidelines. The State must continue to comply with section 663-10.9, HRS, and other existing requirements regarding the actual design, construction, maintenance, and repair of roadways.
As affirmed by the record of votes of the members of your Committee on Finance that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 1876, S.D. 2, H.D. 1, as amended herein, and recommends that it pass Third Reading in the form attached hereto as S.B. No. 1876, S.D. 2, H.D. 2.
Respectfully submitted on behalf of the members of the Committee on Finance,
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____________________________ DWIGHT TAKAMINE, Chair |
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