HB1570

SECTION 1. The legislature finds that pedestrian fatalities are increasing at an alarming rate. There were 32 pedestrian deaths statewide in 2016, 15 pedestrian deaths in 2017, and in 2018, 39 pedestrian deaths.

To protect pedestrians in our State, the purpose of this Act is to establish a policy within the department of transportation that prioritizes improvements to crosswalks located in areas with frequent pedestrian injuries and fatalities and considers installing additional safety features, such as flashing lights or other features recommended in the Hawaii Statewide Pedestrian Master Plan.

SECTION 2. Section 264-20, Hawaii Revised Statutes, is amended to read as follows:

"§264-20 Flexibility in highway design; liability of State, counties, and public utilities. (a) If a highway, including any bridge, principal and minor arterial road, collector and local road, or street, requires new construction, reconstruction, preservation, resurfacing (except for maintenance surfacing), restoration, or rehabilitation, the department of transportation with regard to a state highway, or a county with regard to a county highway, may select or apply flexible highway design guidelines consistent with practices used by the Federal Highway Administration and the American Association of State Highway and Transportation Officials. Flexibility in highway design shall consider, among other factors:

(1) Safety, durability, and economy of maintenance;

(2) The constructed and natural environment of the area;

(3) Community development plans and relevant county ordinances;

(4) Sites listed on the State or National Register of Historic Places;

(5) The environmental, scenic, aesthetic, historic, community, and preservation impacts of the activity;

(6) Access for other modes of transportation, including but not limited to bicycle and pedestrian transportation;

(7) Access to and integration of sites deemed culturally and historically significant to the communities affected;

(8) Acceptable engineering practices and standards; [~~and~~]

(9) Safety studies and other pertinent research[.]; and

(10) Frequency of pedestrian injuries and fatalities.

(b) Any other law to the contrary notwithstanding, any decision by the State, the department of transportation, a county, or any officers, employees, or agents of the State, the department of transportation, or a county to select or apply flexibility in highway design pursuant to this section and consistent with the practices used by the Federal Highway Administration and the American Association of State Highway and Transportation Officials shall not give rise to a cause of action or claim against:

(1) The State;

(2) The department of transportation;

(3) The counties;

(4) Any public utility regulated under chapter 269 that places its facilities within the highway right-of-way; or

(5) Any officer, employee, or agent of an entity listed in paragraphs (1) to (4).

(c) The exception to liability provided in subsection (b) applies only to the decision to select or apply flexibility in highway design pursuant to this section and does not extend to design, construction, repair, correction, or maintenance inconsistent with subsection (a)."

SECTION 3. Chapter 264, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"§264- Pedestrian safety. (a) The department of transportation and the county transportation departments shall collect information on the number of pedestrian injuries and fatalities in all crosswalks and adopt a policy that prioritizes crosswalk improvement based on the frequency of pedestrian injuries and fatalities.

(b) The department shall consider installing safety features to crosswalks with frequent pedestrian injuries and fatalities, including in-pavement reflectors, in-pavement LED warning lights, increased lighting, and pedestrian activated solar flashing lights.

(c) This section shall apply to new construction, reconstruction, and maintenance of highways, roads, streets, ways, and lanes located within urban, suburban, and rural areas, if appropriate for the application of this section.

(1) Use of a particular highway, road, street, way, or lane by bicyclists or pedestrians is prohibited by law, including within interstate highway corridors;

(2) The costs would be excessively disproportionate to the need or probable use of the particular highway, road, street, way, or lane;

(3) There exists a sparseness of population, or there exists other available means, or similar factors indicating an absence of a future need; or

(4) The safety of vehicular, pedestrian, or bicycle traffic may be placed at unacceptable risk.

SECTION 5. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 5. This Act shall take effect on July 1, 2019.

INTRODUCED BY:	_____________________________

HOUSE OF REPRESENTATIVES	H.B. NO.	1570
THIRTIETH LEGISLATURE, 2019
STATE OF HAWAII