THE SENATE	S.B. NO.	2893
THIRTY-SECOND LEGISLATURE, 2024
STATE OF HAWAII

A BILL FOR AN ACT

relating to transportation.

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

SECTION 1. The legislature finds that reports have named Hawaii roads the most dangerous in the nation to pedestrians aged sixty-five and over. In 2022, there were one hundred and seventeen traffic-related fatalities in the State, and ninety‑four traffic-related fatalities in 2023. Both years represent an increase from the eighty-five traffic-related fatalities that occurred within the State in 2020.

The legislature further finds that it currently takes the State five to seven years to make simple but urgent traffic safety fixes to better protect people. The legislature believes that the State should enable critical safety projects to be implemented faster, and at lower costs, to help save lives.

Accordingly, the purpose of this Act is to increase traffic safety by allowing the director of transportation to exempt certain ground transportation facility projects from historic preservation review and the environmental impact statement law, subject to certain conditions.

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

"§264- Traffic safety; exemptions; historic preservation review; environmental impact statement law. The director of transportation may exempt any state or county project under a ground transportation facilities plan developed pursuant to section 264-142 from the requirements of:

(1) Chapter 6E; provided that:

(A) The project shall be within a previously disturbed area and shall not require any excavation of the known soil disturbance greater than twenty-four inches below grade; and

(B) This exemption shall not apply in historic districts and areas having a high probability for the presence of archaeological sites or burial sites; and

(2) Chapter 343; provided that if the project is to be constructed on land that is not directly under the control of the department of transportation, the department of transportation shall obtain a written agreement with the governmental entity or landowner that controls the land on which the project is to be constructed;

provided further that the project shall have the primary purpose of building protective infrastructure and related appurtenances for pedestrians, bicyclists, and people on other mobility devices by either adding no more than twelve feet in width to any existing hardened travel surface or providing for a new hardened travel surface of no more than twelve feet in width."

SECTION 3. If any provision of this Act, or the application thereof to any person or circumstance, is held invalid, the invalidity does not affect other provisions or applications of the Act that can be given effect without the invalid provision or application, and to this end the provisions of this Act are severable.

SECTION 4. New statutory material is underscored.

SECTION 5. This Act shall take effect upon its approval.

INTRODUCED BY:

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Report Title:

Traffic Safety; Department of Transportation; Construction Projects; Exemptions; Historic Preservation; Archeological Review; Environmental Impact Statement Law

Description:

Allows the Director of Transportation to exempt certain ground transportation facility projects from historic preservation review and the environmental impact statement law, subject to certain conditions.

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