State Highways; County Subdivision Ordinances; Exemption
Exempts state highways projects from county subdivision approvals regarding highway projects that involve acquisitions. (SB2441 HD1)
TWENTY-FOURTH LEGISLATURE, 2008
STATE OF HAWAII
A BILL FOR AN ACT
RELATING TO HIGHWAYS.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
"(a) All roads, alleys, streets, ways,
lanes, bikeways, [
and] bridges, and all other real property highway-related
interests in the State, opened, laid out, [ or] subdivided,
consolidated, acquired, and built by the government are declared to be
public highways. Public highways are of two types:
(1) State highways, which are those lands, interests, or other real property rights, as defined above, having an alignment or possession of a real property highway- related interest as established by law, subdivided and acquired in accordance with policies and procedures of the department of transportation, separate and exempt from any county subdivision ordinances, and all those under the jurisdiction of the department of transportation; and
(2) County highways, which are all other public highways."
SECTION 2. Section 264-23, Hawaii Revised Statutes, is amended to read as follows:
"§264-23 Duties of director. The director of transportation shall:
(1) Select, designate, acquire, or lay out, in
compliance with the requirements of the Federal Highway Act, a system or
systems of highways in the [
State,] state, upon which federal-aid
funds may or are to be expended, together with state or county funds, or both[ .];
(2) Alter, modify, [
or] revise, or acquire
new or additional real property interests in support of the system or
systems or any portion or portions thereof, to such extent as may be required
by the administrator under the Federal Highway Act[ ,]; provided
the alteration, modification, [ or] revision, or acquisition of new or
additional real property interests is not forbidden by the laws of the
State[ .] and exempt from any county subdivision ordinances;
(3) Prepare, or cause to be prepared, and submit for
approval to the administrator, [
conformably to] in conformity with
the Federal Highway Act, project statements setting forth proposed construction
or reconstruction of any highway or portion thereof upon which federal-aid
funds are proposed or desired to be expended in connection with local funds;
and upon approval of any of [ such] the project statements, [ conformably
to] in conformity with the Federal Highway Act, prepare or cause to
be prepared, and submit for approval to the administrator, [ such] the
surveys, plans, specifications, and estimates for the project embraced by [ such]
the statement, or any portion thereof, [ as] that the
administrator may require[ .];
(4) Subject to the approval of the administrator, and
conformably to] in conformity with the Federal Highway Act, on
behalf of the State, undertake, and enter into contracts for, the construction
of the federal-aid projects, and the expenditure of federal-aid funds, together
with local funds, upon the projects, and supervise the construction of the
projects[ .]; and
(5) Undertake and perform any and all acts [
shall be] that are necessary or proper for the purpose of complying
with the Federal Highway Act and securing the benefits of federal-aid for
highways which the State is eligible to receive under the Federal Highway Act.
The director may designate in writing a
qualified subordinate who may sign vouchers, make routine reports, and perform [
any other routine duties [ as] that the director may deem
necessary to delegate. All acts of the subordinate shall be performed under
the direction of the director, who shall be responsible therefor."
SECTION 3. Section 264-29, Hawaii Revised Statutes, is amended to read as follows:
"§264-29 Council's authority. The
council of a county [
may], by resolution adopted in the manner required
by law relating to resolutions involving the expenditure of public money, may
place under the control and at the disposal of the director of transportation
any funds of the county expendable for construction or reconstruction of
highways within the county for the purpose of securing or attempting to secure
federal aid for the construction or reconstruction, as a federal-aid project,
of any highway or portion thereof eligible for federal aid within the county.
The council [ shall], whenever an appropriation for the construction of
any highway or portion thereof lying within the system or systems of highways
eligible for federal aid, as designated from time to time by the governor and
the administrator under the provisions of the Federal Highway Act, as amended,
is made by it, by resolution shall place [ such] the
appropriation under the control of the director for the purpose of constructing
[ such] the highway or portion thereof as a federal-aid project.
The council, by resolution, shall also grant the director of transportation exemptions from county subdivision requirements in order to expedite and make efficient the expenditure of public money."
SECTION 4. Section 264-43, Hawaii Revised Statutes, is amended to read as follows:
"§264-43 Responsibility. The
department of transportation shall acquire, subdivide, consolidate,
construct, maintain, and administer all highways comprising the state highway
.] in accordance with all state and federal laws and exempt
from county subdivision ordinances."
SECTION 5. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 6. This Act shall take effect upon its approval.