SB1087

SECTION 1. The legislature finds that recent corruption discovered at state and county agencies cannot be tolerated. Preventing corruption requires transparency and accountability to ensure public agencies are effective, efficient, and successfully provide services in the public interest. The legislature further finds that the department of transportation manages and spends more taxpayer dollars than nearly any other state agency. Most departments of transportation throughout the country have robust mechanisms to prevent corruption and mismanagement, including publicly transparent processes to evaluate, select, and track projects; oversight commissions of expert stakeholders to independently monitor, evaluate, and provide guidance to the department and policymakers; and regular robust reporting that meaningfully measures and assesses overall progress toward public policy goals. However, similar mechanisms to prevent corruption or mismanagement at Hawaii's department of transportation do not currently exist.

In addition to preventing corruption, robust transparency and accountability are necessary to ensure that the state government provides effective and efficient services in the public interest. Unfortunately, Hawaii currently has among the worst traffic fatality rates in the country, including the nation's highest senior citizen pedestrian fatality rate. Hawaii also has among the worst traffic congestion in the country and among the highest cost of transportation, which greatly increases the cost of living for residents in rural and urban areas alike.

Accordingly, the purpose of this Act is to help the department of transportation prevent corruption and improve transportation outcomes by establishing mechanisms enabling basic transparency and accountability for transportation efforts by:

(1) Requiring transparency in transportation project evaluation, selection, and tracking; and

(2) Adding to the mission of the state highway safety council to make the council an independently led group of expert stakeholders that may review the department's work to ensure transparency and provide guidance to the department and legislature to help achieve state goals and outcomes.

SECTION 2. Section 286-5, Hawaii Revised Statutes, is amended to read as follows:

"§286-5 State highway safety and modernization council. (a) There is established within the department of transportation for administrative purposes the Hawaii highway safety and modernization council. [~~The director of transportation shall serve as its chairperson.~~] The council shall be chaired on an annually rotating basis between the chairpersons of the respective committees of the house of representatives and senate having jurisdiction over transportation, or their designees. The following or their designated representatives shall be members of the council: the chief justice, the attorney general, the director of health, the superintendent of education, the chairperson and executive director of the charter school commission, the [~~president~~] chairperson of the University of Hawaii[,] at Manoa department of urban and regional planning, the co-chairpersons of the Hawaii climate change mitigation and adaptation commission, the director of the office of planning and sustainable development, the chief energy officer of the Hawaii state energy office, a representative of the college of tropical agriculture and human resources of the university of Hawaii having expertise in landscaping, the chairperson of the house of representatives standing committee having jurisdiction over transportation, the chairperson of the senate standing committee having jurisdiction over transportation, the chairperson of each of the county highway safety councils established under section 286-6, and not more than [~~twenty~~] twelve other persons who shall be appointed by the governor for a three-year term as follows:

(1) One member from an organization representing senior citizens;

(2) One member from an organization representing bicyclists;

(3) One member from an organization having a focus on micro-mobility;

(4) One member from an organization having a focus on transportation, planning, and improvement;

(5) One member from an organization having a focus on reducing the cost of transportation for low-income communities;

(6) One member from an organization representing labor and construction;

(7) One member from an organization representing trucking and cargo carriers;

(8) One member from an organization having a focus on the electrification of transportation;

(9) One member from an organization having a focus on expanding trees and foliage and reducing urban heat; and

(10) Up to three members on the basis of their interest in [~~highway~~] transportation safety[.], modernization, and related state goals.

(b) The state highway safety and modernization council shall [~~advise~~]:

(1) Ensure transparency and oversight in programs, projects, decisions, and spending related to ground transportation in the department of transportation;

(2) Establish metrics and benchmarks for the department of transportation to ensure progress on state goals related to ground transportation, safety, and modernization and other related goals;

(3) Review projects in development and make recommendations for how each might be improved, if warranted, to better meet state goals, before project plans and designs are finalized;

(4) Provide direction to the department and make recommendations to the legislature as necessary to ensure progress on state goals related to ground transportation, safety, modernization, and other related goals;

(5) Advise the governor, legislature, and public on matters relating to the programs [~~and~~], activities, projects, outcomes, and recommendations of the State in the field of [~~highway~~] transportation safety[.] and modernization; and

(6) Submit an annual report to the department of transportation that reflects the work, responsibilities, and recommendations of the council.

(1) Provide regular updates on ground transportation plans, projects, progress, and any other relevant information requested the highway safety and modernization council;

(2) Include in the department's annual report to the legislature and general public, the council's annual report described in subsection (b)(6); and

(3) Make available to the public on the department's website the council's annual report described in subsection (b)(6).

(d) The members of the council shall serve without pay but shall be entitled to reimbursement for necessary expenses while attending meetings and while in discharge of their duties."

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, 2023.

INTRODUCED BY:	_____________________________

THE SENATE	S.B. NO.	1087
THIRTY-SECOND LEGISLATURE, 2023
STATE OF HAWAII