HB707

SECTION 1. The legislature finds that conditions along North Road, located in the Ewa Beach community, are a public health threat and environmental danger to its residents and community. North Road conditions pose a health and safety hazard to children who must traverse the road without bus service, lighting, or sidewalks. Additionally, North Road subjects the ‘aina to continuous toxic environmental pollution from large-scale dumping, with no practical solution to address burned-out vehicles and appliances.

The legislature also finds that North Road is owned by several different entities. One portion of the road is owned privately by a golf course that mainly uses a tunnel beneath the road for traversing from one portion of the golf course to another.

The legislature believes that for all intents and purposes, North Road is a public road. It is used primarily by the public as the route out of Ewa from Iroquois Point and is the most direct route for many residents to go to church and school.

The legislature also finds that the United States government was the original owner of North Road. Over the years, the property was subdivided and the road was sold with the surrounding parcels. The conveyance deeds reserved the right of access for the United States government; anyone residing in or traveling to and from Iroquois Point, and anyone entering or leaving the church or school, has rights to use the privately-owned portion of the road.

Moreover, the legislature finds that the road's current deed holder, YHB Ewa, LLC, is overwhelmed by the public use and illegal dumping and does not have the means to repair and maintain the road or to install sidewalks and lighting. As a result, the road is in disrepair, does not have sidewalks or lighting, and this portion of the road is often the site of illegally dumped items and abandoned vehicles. This condition is a threat to public safety since there is no bus service for Iroquois Point. Consequently, children attending school walk along North Road and may easily be injured on the road.

The legislature notes that YHB Ewa, LLC, has expressed in writing a desire to transfer the property to the city and county of Honolulu and retain the right to continue using the tunnel beneath the road. Currently, the road is not in a condition to be accepted as it does not meet certain requirements under state and county regulations. Despite the fact that North Road is used almost exclusively by the public, efforts to prompt the county, state, and even the United States Navy to act on this matter have been unsuccessful to date.

The purpose of this Act is to establish a task force consisting of key stakeholders to determine the procedure and cost required for the transfer of North Road to the city and county of Honolulu or to consider other appropriate solutions.

SECTION 2. (a) There is established within the department of transportation the North Road task force. The purposes of the task force shall be to research and make recommendations on:

(1) Ways to mitigate the dangers of North Road, which include environmental and safety concerns;

(2) The cost to transfer ownership of North Road to the city and county of Honolulu; and

(3) Other appropriate solutions that may be considered.

(b) Members of the task force shall include:

(1) The director of transportation, or director's designee, who shall serve as the chairperson of the task force;

(2) The director of transportation services of the city and county of Honolulu, or director's designee;

(3) The director of planning and permitting of the city and county of Honolulu, or the director's designee;

(4) A member of the senate whose district includes at least a portion of Ewa, who shall be appointed by the president of the senate;

(5) A member of the house of representatives whose district includes at least a portion of Ewa, who shall be appointed by the speaker of the house of representatives;

(6) A member of the Honolulu city council whose district includes at least a portion of Ewa, who shall be appointed by the chair of the Honolulu city council; and

(7) A member of the United States Congress whose district includes at least a portion of Ewa, who shall be appointed by the governor.

(1) A representative from the United States Navy;

(2) A representative from the YHB Ewa, LLC, corporation; and

(3) Any other individual whose membership, in the opinion of the chairperson of the task force, would provide a benefit to the task force.

(d) Members of the task force shall serve without compensation. Members of the task force who are public officers or employees shall receive no additional compensation for service on the task force beyond their normal compensation. No member of the task force shall be made subject to chapter 84, Hawaii Revised Statutes, solely because of that member's participation on the task force.

(e) The department of transportation shall provide administrative support to the task force.

(f) The task force shall submit a report of its findings and recommendations, including any proposed costs and legislation, to the legislature and the Honolulu city council no later than twenty days prior to the convening of the regular session of 2022.

(g) The task force shall cease to exist on June 30, 2022.

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

INTRODUCED BY:	_____________________________

HOUSE OF REPRESENTATIVES	H.B. NO.	707
THIRTY-FIRST LEGISLATURE, 2021
STATE OF HAWAII