HB1819.DOC

SECTION 1. Most streets, roads, and highways are designed almost exclusively for increasingly large numbers of motor vehicles, even though one third of all Americans do not drive due to age, medical condition, ability, lifestyle, legal status, or other factors. There has been very little emphasis placed on safety and choices for pedestrians, bicyclists, persons with disabilities, children, seniors, users of public transportation, movers of commercial goods, and people who cannot afford a car. As a result, Hawaii has one of the highest rates of injury and death for pedestrians and bicyclists in the nation. We also suffer because, as fewer people bike and walk, Hawaii's public health and safety deteriorates while treatment costs rise for conditions associated with reduced physical activity, including obesity, heart disease, lung disease, and diabetes.

In addition, traffic congestion in Hawaii has been rising. Studies show that increasing the number of lanes for automobiles actually causes more congestion within a short period of time (i.e., less than five years). Increasing congestion causes people to spend more time in their vehicles, and thus less time being productive at work and/or at home with their families. Congestion also increases the amount of money spent on oil as drivers sit in traffic for longer periods of time.

Hawaii's heavy and increasing reliance on driving affects our economy in other ways as well. Driving makes up a large amount of our total fossil fuel use. Hawaii has one of the highest prices for gasoline in the nation and workers here spend a large percentage of their disposable income on transportation to and from work. Because we are heavily dependent on foreign oil, the more we spend on oil, the less we are able to spend on business in Hawaii. As prices fluctuate, our economy is subject to dramatic price shocks that can destabilize and shut down important businesses, including agriculture.

Our dependence on oil also affects our security, and our use of oil contributes to carbon emissions and deterioration of our environment.

In 1999, the United States Department of Transportation issued guidance calling on all state transportation agencies to make walking and bicycling a routine part of their planning design, construction, operations, and maintenance activities. Recent opinion polls found that fifty-two per cent of Americans want to bicycle more, and fifty-five per cent would prefer to drive less and walk more. Here in Hawaii, voters expressed their overwhelming support to increase bicycling options when over seventy per cent voted in favor of the city and county of Honolulu charter amendment 8.

Many states have responded to these issues by implementing policies, such as "complete streets" to accommodate all travelers, including pedestrians, bicyclists, persons with disabilities, children, older adults, movers of commercial goods, and people who cannot afford cars. "Complete streets principles" refer to transportation laws, policies, and principles at the state, county, or federal level that ensure (1) all users of the transportation system, including pedestrians, bicyclists, movers of commercial goods, and people who cannot afford a car are adequately accommodated in all phases of project planning and development; and (2) the safety and convenience of all users are considered in all phases of project planning and development.

The purpose of this Act is to ensure that all state transportation planning, design, construction, reconstruction, and any other change of any transportation facility implement complete streets principles to build a comprehensive, integrated, and connected transportation network that accommodates multi-modal needs in a manner that is appropriate to rural, suburban, or urban contexts.

SECTION 2. Section 226-17, Hawaii Revised Statutes, is amended to read as follows:

"§226-17 Objectives and policies for facility systems--transportation. (a) Planning for the State's facility systems with regard to transportation shall be directed towards the achievement of the following objectives:

(1) An integrated multi-modal transportation system that services statewide needs and promotes the efficient, economical, safe, and convenient movement of people and goods[.]; and

(2) A statewide transportation system that is consistent with and will accommodate planned growth objectives throughout the State.

(b) To achieve the transportation objectives, it shall be the policy of this State to:

(1) Design, program, and develop a multi-modal system in conformance with desired growth and physical development as stated in this chapter;

(2) Coordinate state, county, federal, and private transportation activities and programs toward the achievement of statewide objectives;

(3) Encourage a reasonable distribution of financial responsibilities for transportation among participating governmental and private parties;

(4) Provide for improved accessibility to shipping, docking, and storage facilities;

(5) Promote a reasonable level and variety of mass transportation services that adequately meet statewide and community needs;

(6) Encourage transportation systems that serve to accommodate present and future development needs of communities;

(7) Encourage a variety of carriers to offer increased opportunities and advantages to interisland movement of people and goods;

(8) Increase the capacities of airport and harbor systems and support facilities to effectively accommodate transshipment and storage needs;

(9) Encourage the development of transportation systems and programs [~~which~~] that would assist statewide economic growth and diversification;

(10) Encourage the design and development of transportation systems sensitive to the needs of affected communities and the quality of Hawaii's natural environment;

(11) Encourage safe and convenient use of low-cost, energy-efficient, non-polluting means of transportation;

(12) Coordinate intergovernmental land use and transportation planning activities to ensure the timely delivery of supporting transportation infrastructure in order to accommodate planned growth objectives; and

(13) Encourage diversification of transportation modes and infrastructure to promote alternate fuels and energy efficiency.

(c) Commencing July 1, 2009, it shall be the policy of this State to update and revise all existing transportation planning documents to incorporate complete streets principles upon any substantive revision of any plan or construction project.

(d) It shall be the policy of this State that priority, in terms of funding and construction, shall be given to all new capital improvement projects involving state highways that either establish or implement complete streets principles; provided that this priority shall not supersede the priority of another capital improvement project involving highways where the enabling legislation for the other project specifically grants it higher priority. For any transportation project that has not incorporated complete streets principles because planning and funding for the project occurred prior to July 1, 2009, the department of transportation shall incorporate complete streets principles into the project and it shall be presumed that the necessary changes in the project will have no significant environmental impact and no additional environmental review shall be required. In the event that the department of transportation determines that there is a bona fide significant environmental impact or the changes in the project are not feasible, the department may move forward with the planned project without complying with complete streets principles.

For the purposes of this section:

"Complete streets" means roadways that accommodate all travelers, including pedestrians, bicyclists, persons with disabilities, older adults, transit users, and movers of commercial goods to enable all users to use the roadway safely and efficiently.

"Complete streets principles" means transportation laws, policies, or principles at the state, county, or federal level that ensure that:

(1) All users of the transportation system, including pedestrians, bicyclists, persons with disabilities, older adults, transit users, and movers of commercial goods are adequately accommodated in all phases of project planning and development; and

(2) The safety and convenience of all users are considered in all phases of project planning and development."

SECTION 3. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 4. This Act shall take effect on July 1, 2009.

INTRODUCED BY:	_____________________________

HOUSE OF REPRESENTATIVES	H.B. NO.	1819
TWENTY-FIFTH LEGISLATURE, 2009
STATE OF HAWAII