HOUSE OF REPRESENTATIVES	H.B. NO.	1080
TWENTY-SEVENTH LEGISLATURE, 2013
STATE OF HAWAII

A BILL FOR AN ACT

RELATING TO BIcycleS.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

     SECTION 1.  Section 264-18, Hawaii Revised Statutes, is amended to read as follows:

     "§264-18 Use of highway fund for bikeways.  (a)  [Out of the state] State highway fund amounts, whether state funds or federal funds, shall be expended as necessary by the State for the establishment of bikeways; provided that bikeways shall be established, whenever practicable, wherever a new or existing highway, road, or street is being designed, planned, constructed, reconstructed, relocated, or rehabilitated.

(b)  At least two per cent of eligible federal funds, and in addition, other state highway fund moneys as available, shall be expended to:

(1)  Establish multi-use paths, bicycle paths, and bicycle lanes; and

     (2)  Install signage and safety devices along bikeways;

provided that the department of transportation shall include the bicycling community in a public involvement process to determine the location of multi-use paths, bicycle paths, bicycle lanes, and installation of signage and safety devices along bikeways.

(c) Planning for any mass transit system shall include appropriate accommodation for bicycle lanes, bikeways, and bicycle routes, including bicycle racks on mass transit vehicles, to enable mass transit users to connect conveniently by bicycle to transit stations and bus stops[.  This]; provided that this subsection shall not be construed [as requiring] to require the expenditure of a county surcharge on state tax under section 46‑16.8, on bicycle paths if the application of this subsection conflicts with section 46-16.8.

     [(b)  Bikeways are not required to be established under subsection (a):] (d)  Subsection (a) shall not require establishment of bikeways:

     (1)  Where the establishment of the lanes, paths, routes, and ways would be contrary to public safety; [or]

     (2)  If the cost of establishing the lanes, paths, routes, and ways would be excessively disproportionate to the need or probable use; or

     (3)  Where low population density, other available ways, or other factors indicate an absence of any need for the lanes, paths, routes, and ways[;].

[provided that the]

(e)  The department of transportation shall [involve] consult with representatives of the bicycling community, such as the Hawaii Bicycling League, Kauai PATH, Maui Bicycling Alliance, PATH (Big Island), and others, in making a determination under [paragraphs (1), (2), and (3); provided further that any] subsection (d).  Any decision made under [this] subsection (d) shall be documented, including but not limited to[,] the factors considered in making a decision[;], and [provided further that] the department of transportation shall have the burden of persuasion under [paragraphs (2) and (3).] subsection (d)(2) and (d)(3).  Whenever the department of transportation determines that establishment of bikeways as required by subsection (a) is not practicable for the reasons set forth in subsection (d), the department shall also consult with the bicycling community to identify an alternative bikeway project or projects, which shall be established using the funds that would otherwise have been expended pursuant to subsection (a).

     [(c)] (f)  The department of transportation, when requested, shall provide technical assistance and advice to counties in carrying out the purpose of this section.  The department of transportation shall recommend construction standards for bikeways.  The department of transportation, in the manner prescribed for marking highways under section 264-25, shall provide a uniform system of marking and signing such lanes, paths, routes, and ways which shall apply to lanes, paths, routes, and ways under the jurisdiction of the department of transportation and the counties.  Notwithstanding any provision to the contrary, the department of transportation and the counties may restrict the use of the lanes, paths, routes, and ways to pedestrians and non-motorized vehicles.

     [(d)] (g)  As used in this section, the terms "bikeway", "bicycle path", and "bicycle lane" shall have the same meaning as in section 291C-1.

     [(e)] (h)  The department of transportation shall report annually to the legislature before the convening of each regular session as to bikeway expenditures and current projects.  The report shall also:

(1) Identify any instances in which it was determined pursuant to subsection (d) that establishing the bikeways required by subsection (a) was not practicable;

(2) State the reasons for the determination, supported by specific factual information; and

(3) List the alternative bikeway project or projects identified in consultation with the bicycling community and the current status of that project or projects."

     SECTION 2.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 3.  This Act shall take effect upon its approval.

INTRODUCED BY:

_____________________________

Report Title:

Bike Lanes

Description:

Requires the department to identify, fund, and establish alternative bikeway projects when establishment of bikeways on new or reconstructed roads is not practicable.  Requires report.

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.