Report Title:

Nahiku Bridge; Repair and Upgrade

 

Description:

Requires the attorney general to assist in resolving ownership issues relating to Nahiku bridge of the Hana district in Maui county.  Requires the department of transportation to determine the costs of repairing and upgrading Nahiku bridge.  Effective on approval.

 


HOUSE OF REPRESENTATIVES

H.B. NO.

413

TWENTY-FOURTH LEGISLATURE, 2007

 

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT


 

 

relating to the Hana district in the county of maui.

 

 

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

 


     SECTION 1.  The legislature finds that the safety of residents of the Hana district of the county of Maui may be at risk because of the condition of Nahiku bridge.  Nahiku bridge is an old wooden bridge that may not be able to sustain the weight of emergency vehicles.  Presumably because of Nahiku bridge's current weight rating, the Maui fire department fears for the safety of its firefighters when crossing the bridge.

     Although Nahiku bridge is located on state land, a jurisdictional dispute exists over the ownership of Nahiku bridge.  Regarding ownership, the department of land and natural resources defers to the department of transportation, which claims that Nahiku bridge is the responsibility of the county of Maui.  On the other hand, Maui county asserts that Nahiku bridge is part of the old Hana highway, which the county says is owned by the State.

     The legislature further finds that the lack of established jurisdictional responsibility has resulted in a corresponding lack of maintenance of Nahiku bridge.  To avoid future threats to the safety and well-being of the residents of the Hana district of the county of Maui, the matter of jurisdictional responsibility must be resolved to provide necessary public services to the residents of the Hana area.

     The purpose of this Act is to protect the safety and well-being of the residents of the Hana district by:

     (1)  Requiring the department of the attorney general to assist in resolving the jurisdictional dispute over Nahiku bridge; and

     (2)  Determining the costs of bringing the Nahiku bridge up to standards that will allow access to Hana district residents by the Maui county fire department.

     SECTION 2.  The department of the attorney general shall investigate and assist in the resolution of the issue of ownership of Nahiku bridge and submit a report of its findings and recommendations, including any legislation deemed necessary to clarify legal jurisdiction, to the legislature no later than twenty days before the convening of the regular session of 2008.

     SECTION 3.  The department of transportation shall submit a report to the legislature, mayor of Maui, and county council of Maui no later than twenty days before the convening of the regular session of 2008.  The report shall include the department's findings and recommendations, including any legislation deemed necessary, that will result in strengthening, repairing, increasing the load limit, and improving Nahiku bridge to provide safe access to the Hana district by the Maui county fire department.  The department of transportation shall include in its report the estimated cost of repair and upgrade to Nahiku bridge that are necessary to protect the safety and well-being of residents of the Hana district.

     Upon the resolution of the issue of ownership of Nahiku bridge, the department of transportation shall also forward its report to the entity identified with the assistance of the attorney general as having jurisdiction over Nahiku bridge.  The department of transportation's report of its findings and recommendations shall be transmitted to the appropriate government agency no less than thirty days after the department's receipt of the attorney general's report on the resolution of the jurisdictional issue over which public agency has responsibility for Nahiku bridge.

     SECTION 4.  This Act shall take effect upon its approval.

 

INTRODUCED BY:

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