STAND. COM. REP. NO. 2292

 

Honolulu, Hawaii

                  

 

RE:    S.B. No. 2296

 

 

 

Honorable Ronald D. Kouchi

President of the Senate

Twenty-Ninth State Legislature

Regular Session of 2018

State of Hawaii

 

Sir:

 

     Your Committees on Transportation and Energy and Public Safety, Intergovernmental, and Military Affairs, to which was referred S.B. No. 2296 entitled:

 

"A BILL FOR AN ACT RELATING TO METROPOLITAN PLANNING ORGANIZATIONS,"

 

beg leave to report as follows:

 

     The purpose and intent of this measure is to require metropolitan planning organization policy boards to include at least one member of the Senate and one member of the House of Representatives from that metropolitan planning area and to define "metropolitan planning area" as the geographic area determined by agreement between a metropolitan planning organization and the Governor.

 

     Your Committees received testimony in support of this measure from the Department of Transportation and Maui Metropolitan Planning Organization.  Your Committees received testimony in opposition to this measure from the Chair of the Oahu Metropolitan Policy Board.

 

     Your Committees find that the population growth in Maui County and Hawaii County means that each will soon have a metropolitan planning organization.  This measure will provide these new metropolitan planning organizations some flexibility in their policy board membership, if the organization chooses to have a smaller policy board.

 

     Your Committees have heard the testimony expressing concerns that there might be a conflict between state and federal law if this measure passes.  Your Committees note that in 2014, the Federal Highway Administration has previously brought up an issue with the composition of the Oahu Metropolitan Planning Organization, advising that allowing an individual who was not in the metropolitan planning organization to have voting power might be against federal law, and could result in loss of federal funding.  While this measure is intended to accommodate new metropolitan planning organizations that will be created in the near future, Oahu members of your Committees are concerned that the language as currently written might jeopardize the Oahu Metropolitan Planning Organization's compliance review recertification.  If the "at least one member" language of this measure is interpreted as allowing a Senate or House appointee that is not from the "applicable metropolitan planning area", this could re-raise federal noncompliance issues that may jeopardize federal funding.  Your Committees find that this issue merits further consideration and requests that your Committee on Ways and Means further examine this issue.

 

     As affirmed by the records of votes of the members of your Committees on Transportation and Energy and Public Safety, Intergovernmental, and Military Affairs that are attached to this report, your Committees are in accord with the intent and purpose of S.B. No. 2296 and recommend that it pass Second Reading and be referred to your Committee on Ways and Means.

 

Respectfully submitted on behalf of the members of the Committees on Transportation and Energy and Public Safety, Intergovernmental, and Military Affairs,

 

________________________________

CLARENCE K. NISHIHARA, Chair

 

________________________________

LORRAINE R. INOUYE, Chair