HB1425

SECTION 1. The Legislature finds that the department of transportation is not responsible for the construction, management, maintenance, or improvement of any public highway or bikeway not included within the state highway system or located on public lands set aside to the department of transportation.

SECTION 2. Chapter 264, Hawaii Revised Statutes, is

amended by adding a new section to be appropriately designated and to read as follows:

"§264-A Highway maintenance. The agency with jurisdiction for a public highway may maintain that highway by public employment, contract, or purchase of service from another agency. When scheduling highway maintenance, the responsible agency shall consider whether nighttime work is feasible and appropriate to minimize traffic congestion on the state highway system and disturbance to abutting property."

SECTION 3. Chapter 264, Hawaii Revised Statutes, is

amended by adding a new section to be appropriately designated and to read as follows:

"§264-B Transfer of jurisdiction. Jurisdiction for a public highway may be transferred by conveyance of title, executive order, or interagency agreement; provided that an interagency agreement may also be used for transfer of funds or for purchase of service without transfer of jurisdiction. A county may, by ordinance, prescribe procedures for county participation in an interagency agreement."

SECTION 4. Section 248-9, Hawaii Revised Statutes, is amended to read as follows:

"§248-9 State highway fund. (a) Moneys in the state highway fund may be expended for the following purposes:

(1) To pay the costs of management, operation, maintenance, and repair of highways and bikeways within the state highway system[,] including, without limitation, the cost of equipment and general administrative overhead;

(2) To pay the costs of maintenance and repair of a highway or bikeway under federal jurisdiction which the director of transportation has proposed for inclusion in the state highway system under section 264-42;

[~~(2)~~] (3) To pay the costs of acquisition (including real property and interests therein), planning, designing, construction, and reconstruction of highways and bikeways within the state highway system [~~and bikeways,~~] including, without limitation, the cost of equipment and general administrative overhead; provided that [~~the director of transportation shall allot and expend~~] two per cent of federally eligible moneys in the state highway fund shall be expended for state bikeways; [~~and~~]

[~~(3)~~] (4) To reimburse the general fund for interest on and principal of general obligation bonds issued to finance highway and bikeway projects within the state highway system where the bonds are designated to be reimbursable out of the state highway fund; [~~and~~]

[(4) To pay the costs of construction, maintenance, and repair of county roads; provided that none of the funds expended on a county road or program shall be federal funds when such expenditure would cause a violation of federal law or a federal grant agreement.]

(5) To pay for statewide functions and programs that maintain or enhance state receipt of federal aid, improve highway safety, recruit and train state highway staff, or otherwise benefit the state highway system; and

(6) To comply with the terms and conditions for use of federal, county, and private moneys that the director of transportation has accepted for deposit to the state highway fund or another highway fund or trust account.

(b) No agency other than the department of transportation shall use the state highway fund for any purpose unless the director of transportation:

(1) Determines that the proposed use benefits the state highway system;

(2) Authorizes use of the state highway fund under an interagency agreement; and

(3) Controls how much of the state highway fund may be used.

[~~(b)~~] (c) At any time, as provided under section 37-53, the director of transportation may transfer from the state highway fund all or any portion of available moneys determined by the director of transportation, in accordance with rules adopted under chapter 91, to exceed one hundred [~~thirty-five~~] fifty per cent of the requirements for the ensuing twelve months for the state highway fund [~~as permitted by and in accordance with section 37-53~~]. For purposes of the determination, the director of transportation shall take into consideration:

(1) The amount of federal funds and bond funds on deposit in, and budgeted to be expended from, the state highway fund during the period;

(2) Amounts on deposit in the state highway fund that are encumbered or otherwise obligated;

(3) Budgeted amounts payable from the state highway fund during the period;

(4) Revenues anticipated to be received by and expenditures to be made from the state highway fund during the period based on existing agreements and other information for the ensuing twelve months; and

(5) Any other factors as the director of transportation shall deem appropriate."

SECTION 5. Section 264-21, Hawaii Revised Statutes, is amended by amending the definition of "federal-aid project" to read as follows:

""Federal-aid project" means any project [~~for the construction or reconstruction of any highway or portion thereof~~] upon which federal-aid funds are to be, are being, or have been, expended[~~, in connection with local appropriations as in this section defined.~~] to supplement, match, or reimburse local funds. The term shall be broadly construed to include any project funded entirely by expenditure of local funds if that expenditure is used to satisfy Federal Highway Act requirements for local participation in the cost of a federal-aid project."

SECTION 6. Section 264-31, Hawaii Revised Statutes, is amended to read as follows:

"§264-31 Maintenance of federal-aid [~~highways.~~] projects.

[(a) The maintenance work on all roads upon which federal-aid funds have been expended shall be performed under the direction and supervision of the director of transportation either by public employment or by contract, or the director may have the work performed by the county road department, by public employment or by contract, upon authorization of the council of the county concerned. Expenditures for the maintenance work shall be made from the state highway fund created by section 248-8.

(b) All maintenance work shall consider the extent to which work undertaken will increase traffic congestion and the director shall ensure that action is taken to reasonably minimize any adverse impact. The feasibility of off-hour maintenance work shall be considered for all maintenance work that results in significant traffic congestion or delay.

~~(c) As used in this section, "off hour maintenance work" means maintenance work performed between the hours of six o'clock p.m. and six o'clock a.m.~~] Any agency that undertakes a federal-aid project shall maintain that project in compliance with requirements of the Federal Highway Act. When jurisdiction for a federal-aid project or for a public facility that includes a federal-aid project is transferred, the agency that assumes jurisdiction shall maintain that project or facility in compliance with requirements of the Federal Highway Act. The director of transportation may withhold approval of further federal-aid projects, and take any other action permitted by law, to cause other agencies to comply with this section."

SECTION 7. Section 264-41, Hawaii Revised Statutes, is amended to read as follows:

"§264-41 Establishment. There is established a state highway system [~~which~~] that shall consist of [~~federal-aid~~] public highways and [~~other~~] bikeways on lands set aside by the governor or otherwise acquired by the department of transportation for the state highway system. The state highway system shall also include public highways [~~which may be designated for inclusion in the system pursuant to~~] and bikeways for which the director of transportation has accepted jurisdiction under section 264-42."

SECTION 8. Section 264-42, Hawaii Revised Statutes, is amended to read as follows:

"§264-42 Authority to include [~~other~~] public highways in the state highway system. In consultation with affected public agencies, recognizing constraints on state resources, the director of transportation shall propose a state system of connected public highways and bikeways for through traffic between different regions of the State and between major federal and state facilities; provided that the state highway system shall not include driveways to or internal access roadways for any specific property. The director of transportation, acting in cooperation with appropriate federal and county agencies, as provided under section 264-2 or section 264-B, may [designate for inclusion in the state highway system, such other public highways, including county highways, which are used primarily for through traffic and not for access to any specific property, whether residential, business, or other abutting property.] accept jurisdiction for any public highway or bikeway that the director has proposed for permanent inclusion in the state highway system. Whenever feasible, the director shall transfer jurisdiction to the appropriate county for any state highway or bikeway that the director has not proposed for permanent inclusion in the state highway system and that is no longer needed to connect other parts of the state highway system."

SECTION 9. Section 264-43, Hawaii Revised Statutes, is amended to read as follows:

"§264-43 Responsibility. The department of transportation shall construct, manage, and maintain [~~, and administer~~] all public highways and bikeways comprising the state highway system. Notwithstanding section 264-1, the department of transportation shall not be responsible for the construction, management, maintenance, or improvement of any public highway or bikeway not included within the state highway system or located on public lands set aside by the governor to the department of transportation."

SECTION 10. Section 264-44, Hawaii Revised Statutes, is repealed.

["~~§264-44 Maintenance of state highway system.~~ (a) The maintenance of the state highway system may be performed either by public employment or by contract, or the director of transportation may have the maintenance performed by the county in which the highways are situated, by public employment or by contract, upon authorization of the legislative body of the county concerned.

~~(c) As used in this section, "off-hour maintenance work" means maintenance work performed between the hours of six o'clock p.m. and six o'clock a.m.~~"]

SECTION 11. Passage of this Act shall not be construed to transfer jurisdiction for any highway, amend any agreement proposing future transfer of highway jurisdiction, change any agency's responsibilities for any highway under its jurisdiction, or create any new right for private vehicular access to any highway.

SECTION 12. This Act shall not affect responsibilities that have accrued, contracts executed, or proceedings begun before its effective date.

SECTION 13. In codifying the new sections added to chapter 264, Hawaii Revised Statutes, by sections 2 and 3 of this Act, the revisor of statutes shall substitute appropriate section numbers for the letters used in the designations of the new sections in this Act.

SECTION 14. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 15. This Act shall take effect upon its approval.

INTRODUCED BY:

_____________________________

BY REQUEST

HOUSE OF REPRESENTATIVES	H.B. NO.	1425
TWENTY-FOURTH LEGISLATURE, 2007
STATE OF HAWAII