THE SENATE

S.B. NO.

1506

THIRTY-SECOND LEGISLATURE, 2023

 

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

Relating to transportation.

 

 

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

 


SECTION 1. The legislature finds that safety should be the top priority of the department of transportation. Other places, including cities of similar population to the city and county of Honolulu, have successfully reduced traffic-related fatalities, in some cases to near zero, by making safety the priority for project spending. Unfortunately, Hawaii has not made safety the priority in project design or funding, and traffic-related deaths and fatalities in the State have significantly increased over the past decade. In 2014, there were ninety-five deaths and three hundred seventy-eight serious injuries in Hawaii. In 2022, these numbers grew to one hundred seventeen deaths and five hundred seventy-two serious injuries. In 2019, Hawaii led the nation in pedestrian deaths of kupuna.

The legislature further finds that ensuring safe routes to common places for keiki and kupuna will not only protect our most vulnerable road users, but also serve as a long-term investment in the future of transportation in the State. However, the legislature recognizes that decades of automobile-centric planning and development have created formidable barriers to this transformation. These barriers include a lack of complete, safe, and comfortable bike and pedestrian networks; burdensome and complicated funding mechanisms for safe routes projects; and a lack of coordination among state and county agencies and community-based organizations.

Accordingly, the purpose of this Act is to eliminate traffic-related deaths and serious injuries in the State by prioritizing the safety in the design and funding for transportation-related projects implemented by the department of transportation and the counties by:

(1) Establishing within the department of transportation, a safe routes for people implementation program to develop strategies and facilitate transportation-related projects that will ensure that keiki and kupuna are able to safely walk, bike, or roll to common destinations through the Vision Zero policy adopted by the department and county transportation departments pursuant to section 286‑7.5, Hawaii Revised Statutes, and the ground transportation facilities plans developed and implemented by the department of transportation and counties pursuant to section 264-142, Hawaii Revised Statutes;

(2) Establishing a safe routes for people implementation committee to advise the State in carrying out the purposes of the safe routes for people implementation program;

(3) Establishing a safe routes for people special fund to be administered and expended by the department of transportation to fund State and county transportation-related projects selected and approved by the safe routes for people implementation committee;

(4) Appropriating funds for priority projects that will improve safety and allow keiki and kupuna to safely walk, bike, or roll to common destinations;

(5) Allowing the State to expend moneys in the state highway fund for the establishment of protected walkways; and

(6) Increasing the minimum amount of state highway funds that shall be expended on projects to establish certain ground transportation facilities and install signage and safety devices along walkways and bikeways, from two per cent to five per cent of the funds spent by the department of transportation on ground transportation projects.

PART I

SECTION 2. Chapter 286, Hawaii Revised Statutes, is amended by adding three new sections to part I to be appropriately designated and to read as follows:

"286‑   Safe routes for people implementation program; establishment. There is established within the department of transportation for administrative purposes only, a safe routes for people implementation program to develop strategies and facilitate transportation-related projects that will ensure that keiki and kupuna are able to safely walk, bike, or roll to common destinations through the Vision Zero policy adopted by the department and county transportation departments pursuant to section 286-7.5 and ground transportation facilities plans developed and implemented by the department of transportation and counties pursuant to section 264-142.

286‑   Safe routes for people implementation committee. (a) There is established within the department for administrative purposes only, a safe routes for people implementation committee to advise the State in carrying out the purposes of the safe routes for people implementation program. Specifically, the safe routes for people implementation committee shall:

(1) Develop recommendations for any additional metrics or benchmarks to ensure progress toward improving safety by achieving the department's policy goals and plans adopted and implemented pursuant to sections 286-7.5 and 264-142;

(2) Develop recommendations for federal and other grant funding opportunities that may help achieve the department's policy goals and plans adopted and implemented pursuant to sections 286-7.5 and 264-142;

(3) Develop recommendations to facilitate efforts by communities to apply for and receive projects pursuant to sections 286-7.5 and 264-142, and streamline project development and implementation between communities and the department;

(4) Review project proposals and select priority projects pursuant to sections 286-7.5 and 264-142 to be funded through the safe routes for people implementation program or otherwise be prioritized and implemented by the department; and

(5) Submit annual reports on the activities and recommendations of the safe routes for people implementation program to the governor and legislature no later than December 31 of each year.

(b) The safe routes for people implementation committee shall consist of the following members:

(1) The chairs of the house of representatives standing committee and the senate standing committee with primary jurisdiction over transportation, who shall serve as co-chairs;

(2) The deputy director of the department's highways division;

(3) The department's safe routes to school program coordinator;

(4) One member representing the physical activity and nutrition section of the department of health's chronic disease prevention and health promotion division;

(5) One member representing the department of education;

(6) The chair of the Hawaii climate change mitigation and adaptation commission;

(7) One member representing the Hawaii state energy office;

(8) One member each from metropolitan planning organizations in the State;

(9) One member representing an organization with a focus on bicycling;

(10) One member representing an organization with a focus on senior citizens;

(11) One member representing an organization with a focus on public health and mobility; and

(12) One member representing an organization with a focus on transportation equity and mobility.

In addition to the members listed in this subsection, the co-chairs of the committee may request the participation or input of members of the public; experts in the field; and county, state, or federal officials or others as necessary.

(c) The members of the safe routes for people implementation committee shall be nominated and, by and with the advice and consent of the senate, appointed by the governor to serve for a term of three years each. Except as provided in this section, the appointment, tenure, and removal of the members and the filling of vacancies on the committee shall be as provided in section 26-34.

(d) Members of the safe routes for people implementation committee shall serve without compensation but shall be reimbursed for expenses, including travel expenses, necessary for the performance of their duties.

(e) No member of the safe routes for people implementation committee shall be subject to chapter 84, solely because of the member's service on the committee.

(f) As used in this section, "department" means the department of transportation.

286‑   Safe routes for people special fund; establishment. (a) There is established within the state treasury a safe routes for people special fund, into which shall be deposited:

(1) Moneys appropriated to the fund by the legislature, received through federal grants or appropriations;

(2) Grants, gifts, and donations made to the safe routes for people implementation program for deposit into the fund; and

(3) Interest earned or accrued on moneys deposited in the fund.

(b) The moneys in the special fund shall be administered and expended by the department of transportation to:

(1) Fund projects selected and approved by the safe routes for people implementation committee; and

(2) Distribute to counties for the implementation of projects selected and approved by the safe routes for people implementation committee; provided that the safe routes for people implementation committee may require matching funds from a respective county based on the nature and funding requirements of the proposed project.

(c) The department shall submit an annual report to the legislature no later than twenty days prior to the convening of each regular session that outlines the receipts of, and expenditures from, the special fund."

SECTION 3. There is appropriated out of the general revenues of the State of Hawaii the sum of $30,000,000 or so much thereof as may be necessary for fiscal year 2023-2024 to be deposited into the safe routes for people special fund.

SECTION 4. There is appropriated out of the safe routes for people special fund the sum of $ 30,000,000 or so much thereof as may be necessary for fiscal year 2023-2025 to fund the establishment, implementation, and operation of the safe routes for people implementation program and the safe routes for people implementation committee.

The sums appropriated shall be expended by the department of transportation for the purposes of this Act.

PART II

SECTION 5. Section 264-18, Hawaii Revised Statutes, is amended by amending its title and subsection (a) to read as follows:

"264-18 Use of highway fund for protected walkways and bikeways. (a) Out of the state highway fund amounts, whether state funds or federal funds, shall be expended as necessary by the State for the establishment of protected walkways and bikeways; provided that protected walkways and bikeways shall be established, whenever practicable, wherever a new or existing highway, road, or street is being designed, planned, constructed, reconstructed, relocated, or rehabilitated. At least [two] five per cent of [eligible federal] all funds[,] spent by the department of transportation on ground transportation projects, and in addition, other state highway fund moneys as available, shall be expended [to:] on projects for which the primary purposes are, and the majority of funding are used to:

(1) Establish protected multi-use paths, bicycle paths, and bicycle lanes[;] pursuant to section 264-142; and

(2) Install signage and safety devices along walkways and bikeways;

provided that the department of transportation shall include the bicycling community in a public involvement process to determine the location of multi-use paths, bicycle paths, bicycle lanes, and installation of signage and safety devices along walkways and bikeways.

Planning for any mass transit system shall include appropriate accommodation for bicycle lanes, bikeways, and bicycle routes, including bicycle racks on mass transit vehicles, and protected bicycle lockers to enable mass transit users to connect conveniently by bicycle to transit stations and bus stops.

This subsection shall not be construed as requiring the expenditure of a county surcharge on state tax under section 46‑16.8, on bicycle paths if the application of this subsection conflicts with section 46-16.8."

PART III

SECTION 6. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 7. This Act shall take effect on July 1, 2023.

 

INTRODUCED BY:

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Report Title:

Traffic Safety; Keiki and Kupuna; Safe Routes for People Implementation Program; Safe Routes for People Implementation Committee; Safe Routes for People Special Fund; State Highway Fund; Appropriation

 

Description:

Establishes a Safe Routes for People Implementation Program and Safe Routes for People Implementation Committee to develop strategies and facilitate transportation-related projects that ensure the safety of keiki and kupuna using ground transportation facilities. Establishes a Safe Routes for People Special Fund. Allows State Highway Fund moneys to be expended to establish protected walkways. Increases the minimum amount of State Highway Funds required to be expended by the Department of Transportation on ground transportation projects from two per cent to five per cent. Appropriates funds.

 

 

 

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.