HB3283

SECTION 1. The legislature finds that transportation on Hawaii's public highways is increasingly frustrating and often dangerous due to the lack of systematic maintenance and repair. While potholes in particular have been blamed on heavy and frequent rains, they may also appear and reappear due to poor quality construction and substandard materials.

The legislature further finds that maintenance and repair standards vary widely. Canada, for example, uses a system of a concrete road base, or sub-base, and then asphalt on the top, or wear surface. With proper installation and compaction, water is redirected and doesn't run underneath, which contributes to potholes.

A Honolulu Advertiser article on December 12, 2007, reported a pothole on Punchbowl street that appeared overnight and swallowed the left front wheel of a pickup truck, cracking the rim and costing more than $1,000 in repairs. The Advertiser also reported that through early December 2007, the city and county of Honolulu had repaired 61,195 potholes, compared with 68,586 potholes in 2006, which dotted the 1,100-plus miles of mostly residential county roads.

The purpose of this Act to require more proactive maintenance and repair of Hawaii's public highways, including the development of minimum standards for construction and materials, and enhanced pothole repair and maintenance of repairs.

SECTION 2. 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 operation, maintenance, and repair of the state highway system, including without limitation, the cost of equipment and general administrative overhead;

(2) To pay the costs of acquisition (including real property and interests therein), planning, designing, construction, and reconstruction of the state highway system and bikeways, including, without limitation, the cost of equipment and general administrative overhead;

(3) To reimburse the general fund for interest on and principal of general obligation bonds issued to finance highway projects 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.

(b) At any time, the director of transportation may transfer from the state highway fund all or any portion of available moneys determined by the director of transportation to exceed one hundred thirty-five 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.

(c) In determining expenditures to be made from the state highway fund pursuant to subsection (a), the director of transportation shall:

(1) Expend per cent annually to pay the costs of maintenance and repair of the state highway system and county roads;

(2) Annually, determine the ten most critical public highways in need of maintenance and repair, and complete all necessary maintenance and repair to these public highways;

(3) Annually, determine the ten most critical public highways in resort destination areas in need of maintenance and repair, and complete all necessary maintenance and repair to these public highways;

(4) Determine and adhere to minimum quality standards for materials and construction methods for maintenance and repair of public highways;

(5) Determine and adhere to a formula for pothole repair and maintenance of previous pothole repairs on public highways; and

(6) Determine and adhere to a reasonable time period for the use of temporary plates when maintenance and repair require extensive road patching of public highways;

provided that failure to meet the requirements of this subsection shall result in a penalty of .

For the purposes of this subsection, "public highway" shall have the same meaning as defined in section 264-1."

SECTION 3. New statutory material is underscored.

SECTION 4. This Act shall take effect upon its approval.

INTRODUCED BY:	_____________________________

HOUSE OF REPRESENTATIVES	H.B. NO.	3283
TWENTY-FOURTH LEGISLATURE, 2008
STATE OF HAWAII