Report Title:

Transportation; Highways; Highway access.

 

Description:

Allows for the establishment of traffic emergency zones to provide highway access to designated areas.

 


HOUSE OF REPRESENTATIVES

H.B. NO.

1608

TWENTY-FOURTH LEGISLATURE, 2007

 

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT


 

 

relating to transportation.

 

 

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

 


     SECTION 1.  Chapter 264, Hawaii Revised Statutes, is amended by adding a new section to part I be appropriately designated and to read as follows:

     "§264-      Emergency powers; traffic emergency zones.  (a)  Notwithstanding any other law to the contrary, if the governor or the director determines that substantial endangerment to public health and safety is or will be caused by the temporary closure of, or the lack of adequate access to, an area by a  state highway as defined under section 264-1(a), which requires immediate action, the governor or director, without a public hearing, may designate the area to be a traffic emergency zone, and may take any and all other actions as may be necessary until access to the designated area has been established.  The designation shall fix a place and time, not later than twenty-four hours thereafter, for a hearing to be held before the director.

     (b)  Upon designation of an area as a traffic emergency zone by the governor or director:

     (1)  State highway improvements, including but not limited              to new construction, reconstruction, preservation,             resurfacing, restoration, or rehabilitation of any             highway, bridge, principal and minor arterial roads,               collector and local roads, or streets,  may be                 undertaken without regard to chapter 103D;

     (2)  All structures and improvements to land to be used for         state highway purposes:

          (A)  May be planned, designed, and constructed by                   the department without the approval of                             county agencies; and

          (B)  Shall be exempt from any county permitting                     requirements;

          and

     (3)  The department may acquire and designate cane haul             roads as state highways; provided that the use of cane        haul roads as state highways shall be for temporary            purposes only for a period of time as determined by               the director.

     (c)  Any other law to the contrary notwithstanding, any decision by the State, the department of transportation, a county, or any officers, employees, or agents of the State, the department of transportation, or a county, shall not give rise to a cause of action or claim against:

     (1)  The State;

     (2)  The department of transportation;

     (3)  The counties;

     (4)  Any owner of cane haul roads designated as state                   highways under section 264-    (b)(3); or

     (5)  Any officer, employee, or agent of an entity listed in         paragraphs (1) to (4).

     (d)  For the purposes of this section:

     "Cane haul roads" means an agricultural system of roads or ways established to take agricultural products from the fields to processing facilities without using the public highways.

     "Traffic emergency zone" means an area that is accessible by a single state highway and whose accessibility would be compromised by major motor vehicle accidents, fires, floods, erosion, or other factors that would cause the closure of the state highway."

     SECTION 2.  New statutory material is underscored.


     SECTION 3.  This Act shall take effect upon its approval.

 

INTRODUCED BY:

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