STAND. COM. REP. NO. 3198

 

Honolulu, Hawaii

                   

 

RE:     H.B. No. 2175

        H.D. 1

        S.D. 1

 

 

 

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 H.B. No. 2175, H.D. 1, 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 organizations serving a certain metropolitan planning area to include on the policy board a member of the Senate and an alternate member of the Senate, to be appointed by the President of the Senate, as well as a member of the House of Representatives and an alternate member of the House of Representatives, to be appointed by the Speaker of the House of the Representatives.

 

     Your Committees received testimony in support of this measure from the Department of Transportation.  Your Committees received comments on this measure from the Department of the Attorney General and one individual.

 

     Your Committees find that the population growth in Maui County means Maui County will soon be large enough to have a metropolitan planning organization.  However the law on the metropolitan planning organization's policy board, as currently written, could be overly restrictive, particularly if the organization chooses to have a smaller policy board.

 

     Your Committees heard testimony expressing concerns that there might be a conflict between state and federal law if this measure passes.  Your Committees note that the Federal Highway Administration has advised that allowing an individual who is not a resident of the metropolitan planning area to have voting power may be against federal law, and could result in loss of federal highway funding.  As such, Oahu members of your Committees are concerned that the language in this measure could jeopardize federal funding.  Furthermore, your Committees have concerns on the potential impact of this measure on the Oahu Metropolitan Planning Organization as it approaches its compliance review recertification.

 

     Your Committees also heard concerns from the Department of the Attorney General that this measure could be challenged as a special law.  In particular, the Department of the Attorney General had concerns about the applicability of this measure to a county that includes "three islands inhabited by permanent residents".

 

     Accordingly, your Committees have amended this measure by:

 

     (1)  Removing the language making this measure applicable to a county that includes "three islands inhabited by permanent residents";

 

     (2)  Amending the policy board's membership to closely follow S.B. No. 2296, S.D. 1 (Regular Session of 2018), a substantially similar measure that was previously passed by the Senate, which requires that the membership include one Senate member and one member from the House of Representatives, both of whom must be residents of the applicable metropolitan planning area; and

 

     (3)  Making a technical, nonsubstantive amendment for the purpose of clarity and consistency.

 

     Your Committees find this measure is a work in progress and that if the issues raised during the public hearing on this measure are not resolved by the amendments made, your Committees request that your Committee on Ways and Means explore these issues further.

 

     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 H.B. No. 2175, H.D. 1, as amended herein, and recommend that it pass Second Reading in the form attached hereto as H.B. No. 2175, H.D. 1, S.D. 1, 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