STAND. COM. REP. NO.  396

Honolulu, Hawaii

                , 2007

RE:   H.B. No. 1425

      H.D. 1

Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-Fourth State Legislature

Regular Session of 2007

State of Hawaii

Sir:

     Your Committee on Transportation, to which was referred H.B. No. 1425 entitled:

"A BILL FOR AN ACT RELATING TO HIGHWAYS,"

begs leave to report as follows:

     The purpose of this bill is to improve Hawaii's highway system.  Among other things, this bill:

     (1)  Allows an agency with jurisdiction over a public highway to maintain that highway by public employment, contract, or purchase of service from another agency;

     (2)  Allows the scheduling of nighttime highway maintenance when feasible and appropriate;

     (3)  Allows jurisdiction of a public highway to be transferred by conveyance of title, executive order, or interagency agreement;

     (4)  Extends the use of State Highway Fund (Fund) monies to:

          (A)  Management, operation, maintenance, and repair of bikeways within the state highway system;

          (B)  Management of highways;

          (C)  Maintenance and repair of certain highways under federal jurisdiction;

          (D)  Costs of acquisition, planning, designing, construction, and reconstruction of bikeways within the State Highway System;

          (E)  Reimbursement of general fund moneys used for interest and principal of general obligation bonds to finance bikeway projects;

          (F)  Statewide functions and programs that maintain or enhance state receipt of federal aid, improve highway safety, recruit and train state highway staff and other benefits to the highway system; and

          (G)  Compliance with terms and conditions for use of certain moneys in any highway fund trust account.

     (5)  Raises the threshold over which the Director of Transportation may transfer from the State Highway Fund to the general fund, or any special fund under the Department of Transportation's (DOT) control, amounts which exceed the requirements for the ensuing 12 months for the State Highway Fund from 135 percent to 150 percent;

     (6)  Establishes parameters to be used by the Director of Transportation when determining when agencies, other than DOT, can use Fund monies.

     (7)  Requires any agency undertaking a federal-aid project to comply with the requirements of the Federal Highway Act;

     (8)  Repeals provisions authorizing unrestricted use of Fund moneys to construct, maintain, and repair county roads;

     (9)  Includes bikeways as part of the state highway system; and

     (10) Clarifies jurisdictional issues over the State Highway System.

     DOT testified in support of this bill.

     Many jurisdictional and management questions are, and have been, raised in regard to the State Highway System.  This measure attempts to address these issues.

     Your Committee has amended this measure by making technical, nonsubstantive amendments for clarity, consistency, and style.

     As affirmed by the record of votes of the members of your Committee on Transportation that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 1425, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 1425, H.D. 1, and be referred to the Committee on Finance.

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

____________________________

JOSEPH M. SOUKI, Chair