Report Title:

Expedite repair of state highways

 

Description:

Amends section 264-17 to dispense with the public hearing requirement for public highway construction when there is an imminent danger.

 

HOUSE OF REPRESENTATIVES

H.B. NO.

1376

TWENTY-FIRST LEGISLATURE, 2001

 

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

relating to public highways.

 

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

SECTION 1. The legislature finds that there are several hazardous locations throughout the State public highway system that pose imminent danger to the health and safety of the residents of and visitors to the State. An example of this is the rock fall that recently occurred at Waimea bay and damaged a driver's car. Fortunately on one was injured by this occurrence. Another example of a hazardous location that poses an imminent danger is the rock cliff at Makapuu point on the island of Oahu. Kalanianaole highway runs immediately below this rock cliff. The cliff is extremely weathered and brittle. On numerous occasions, rocks and boulders of all sizes have fallen from the cliff onto Kalanianaole highway. These rock falls have occurred without warning and at all times of the day and night. Luckily, like the rock fall incident at Waimea, no one has reported an injury from falling rocks at Makapuu.

The legislature finds that the aforementioned hazardous locations along the State highway system also pose an imminent threat to the local and State economy. For example, after the Waimea rock fall, access to Oahu's north shore community was cut-off. Residents, visitors, and public and commercial transportation operators were initially forced to drive around the entire Koolau Range to travel what had previously been a trip of only a few miles because the rock fall prevented through traffic from passing on Kamehameha highway at Waimea bay. This led to significant losses in productivity, retail and wholesale sales, a substantial decrease in visitor traffic to the area, increased transportation costs, and a major disruption to the lives and routines of area residents. It was only through the combined prompt efforts of State, county, and federal officials motivated by desperate pleas for help from area residents, businesses, and the general public, that the Waimea cliff hazard was mitigated and an alternate road designed to avoid a repeat of the hazard was constructed.

Similarly, should a rock fall occur at Makapuu sufficient to cut-off through traffic on Kalanianaole highway, not only will life and limb be at risk, but it would have a devastating financial impact on the economy of the area and the State. Once again, significant losses in productivity, retail and wholesale business would occur; visitor traffic to the area would dramatically decrease; transportation costs for area residents, and public and commercial transportation operators would significantly increase; and the lives and routines of area residents would be seriously impaired.

The legislature finds that it has been a matter of luck that more "Waimea's" have not occurred. However, luck is no substitute for a reasoned and proactive public policy that provides for prompt remediation of imminent danger along the State highway system that threatens highway users with physical injury, or that threatens the economy of the area or State. Therefore, in addition to the governor's emergency powers under chapter 264 section 17 of the Hawaii Revised Statutes, the legislature finds that the governor should be authorized to declare an imminent danger to the highway system to effectuate prompt remediation of that danger.

The purpose of this Act is to amend chapter 264, section 17 to authorize the governor to declare an "imminent danger" where an unreasonably hazardous situation threatens users of a State public highway with physical injury, or threatens the area or State economy. Declaration of an imminent danger authorizes the governor to by-pass the public hearing process under chapter 264 section 17 thus allowing prompt remediation to remove the imminent danger and restore the site for safe use.

SECTION 2. Section 264-17, Hawaii Revised Statutes, is amended to read as follows:

"[§264-17] Public hearing. Any state or county agency which prepares proposed plans for a major public highway project shall provide an opportunity for a public hearing at the earliest practicable time before the proposed plans for the project are finalized and commitments have been made by the state or county to the plans or the project. The public hearing shall be conducted and notice given in an adequate manner to apprise all interested persons of the proposed routes and scope of the projects and allow an opportunity for all interested persons to submit data, views, or arguments, orally or in writing. The public hearing required under this section may be held in conjunction with a public hearing held on the project to meet the requirement of any federal, state or county law provided the provisions of this section are satisfied.

The proposing agency shall satisfy any requirement for holding a public hearing under this section if adequate notice of the opportunity for the public hearing on the project is given to interested persons and no written requests for the hearing are received by the agency within a reasonable time.

This section shall not apply to the construction of highway projects where the governor has made a formal determination that the construction of the project is urgently needed because of an imminent danger, emergency, a natural disaster, or a catastrophic failure. For purposes of this section, "imminent danger" means an event or occurrence that is threateningly impending or about to happen and which, if it occurred, would likely cause bodily injury or serious disruption to vehicular traffic or use of a State public highway. An example of an imminent danger is the shear rock cliffs at Makapuu point on Oahu. The surface of this cliff consists of loose rocks and boulders caused by extensive erosion from the natural elements. The condition of the cliff face is such that large and small sized rocks and boulders may fall onto Kalanianaole highway, and passing traffic at any moment."

SECTION 3. The reviser of statutes shall conform the Hawaii Revised Statutes to the requirements of this Act.

SECTION 4. New statutory material is underscored.

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

INTRODUCED BY:

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