HB1632 HD2

SECTION 1. The legislature finds that Hana highway, the main access road between Haiku and Hana, is the primary artery utilized by residents and a popular destination for visitors to east Maui. As a primary transportation artery for east Maui, and due to the age of Hana highway and its many bridges, it has become increasingly unsafe to traverse at many locations. These unsafe conditions have manifested in delays in the delivery of life saving services, extended commutes for residents, and accidents, as well as disputes between residents and visitors. In addition, the Maui police department is unable to properly manage the number of vehicles and people accessing Hana highway.

The legislature further finds that Haleakala highway, the only access to Haleakala, is thirty-seven miles long and is comprised of one lane running in either direction with no guardrails, little or soft shoulders along steep cliff sides, and frequent switchbacks. Due to the elevation, Haleakala experiences sudden and severe weather changes, which severely impact visibility on the roadway.

The legislature believes that to ensure the safety of residents and visitors of Maui, there needs to be weight limitations for certain vehicles and a sustainable funding source to maintain and improve Maui's highways.

Accordingly, the purpose of this Act is to:

(1) Set weight limitations for tour operators and rental vehicles;

(2) Establish user fees for certain vehicles to access Hana highway and Haleakala highway; and

(3) Amend the highway development special fund to allow the deposit of funds received from the user fees into the special fund and authorize the funds to be used for the development and improvement of Hana highway and Haleakala highway.

SECTION 2. Chapter 264, Hawaii Revised Statutes, is amended by adding two new sections to part I to be appropriately designated and to read as follows:

"§264-A Hana highway; Haleakala highway; tour vehicles; rental vehicles; weight limitations. (a) No:

(1) Tour vehicle with a gross vehicle weight in excess of ; or

(2) Rental vehicle with a gross vehicle weight in excess of ,

shall be operated or moved upon Hana highway and Haleakala highway in the county of Maui.

(b) For the purposes of this section:

"Rental vehicle" means a motor vehicle that is rented or leased, or offered for rent or lease, for a period of six months or less.

"Tour vehicle" has the same meaning as in section 251-1.

§264-B Hana highway; Haleakala highway; user fees. (a) The department of transportation shall collect user fees from the following groups entering the Hana highway and Haleakala highway on the island of Maui at the following rates:

(1) Tour vehicles and rental vehicles: $50 per load or $30 per vehicle;

(2) Commercial bicycle tours: $10 per bicycle;

(3) Electric scooters: $10 per unit; and

(4) Running and hiking tours: $5 per runner or hiker.

(b) The fees collected pursuant to subsection (a) shall be deposited in the highway development special fund under section 264-122; provided that the funds collected pursuant to subsection (a) shall be used for the development and improvement of Hana highway and Haleakala highway.

(d) For the purposes of this section:

"Bicycle" has the same meaning as in section 286-2.

"Bicycle tour" includes guided bicycle tours and unguided bicycle rental operations.

"Electric scooter" means a self-balancing, nontandem, two-wheeled device that:

(1) Is no greater than twenty inches in height and twenty-five inches wide;

(2) Can turn in place;

(3) Is designed to transport one person at a time;

(4) Has an electrical propulsion system with an average power of seventy hundred fifty watts or one horsepower; and

(5) Has a maximum speed that, when powered solely by a propulsion system on a paved level surface, is no more than 12.5 miles per hour.

"Rental vehicle" has the same meaning as in section 264-A.

"Tour vehicle" has the same meaning as in section 251-1."

SECTION 3. Section 264-122, Hawaii Revised Statutes, is amended by amending subsections (a) and (b) to read as follows:

"(a) There is established in the state treasury the highway development special fund to be administered by the department, into which shall be deposited:

(1) Transfers of county impact fees assessed under part VIII of chapter 46 and this part to pay for state highway improvements;

(2) Interest from investment of deposits; [~~and~~]

(3) Moneys received pursuant to section 264-B; and

[~~(3)~~] (4) Legislative and county appropriations.

(b) Moneys in the highway development special fund shall be used for the following purposes:

(1) Capital costs of qualifying proposed state highway improvements; provided that funds received pursuant to section 264-B shall be used for the development and improvement of Hana highway and Haleakala highway in the county of Maui;

(2) Reevaluation of the need, geographic limitations, amount, and use of impact fees;

(3) Transfers to reimburse other special funds for expenditures which otherwise might have been funded with moneys in the highway development special fund;

(4) Transfers under sections 36-27 and 36-30;

(5) Refunds under section 264-125; and

(6) The department's costs to implement this part, including but not limited to costs to administer the highway development special fund."

SECTION 4. In codifying the new sections added by section 2 of this Act, the revisor of statutes shall substitute appropriate section numbers for the letters used in designating the new sections in this Act.

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

SECTION 6. This Act shall take effect on July 1, 2050.

HOUSE OF REPRESENTATIVES	H.B. NO.	1632
THIRTY-FIRST LEGISLATURE, 2022		H.D. 2
STATE OF HAWAII