STAND. COM. REP. NO. 1413

Honolulu, Hawaii

, 2004

RE: H.C.R. No. 249

H.D. 1

 

 

 

Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-Second State Legislature

Regular Session of 2004

State of Hawaii

Sir:

Your Committee on Transportation, to which was referred H.C.R. No. 249 entitled:

"HOUSE CONCURRENT RESOLUTION REQUESTING THE DEPARTMENT OF TRANSPORTATION TO DEVELOP FLEXIBLE DESIGN GUIDELINES FOR SCENIC HIGHWAYS,"

begs leave to report as follows:

The purpose of this measure is to request the Department of Transportation to develop and implement flexible design guidelines for the construction, reconstruction, resurfacing (except for maintenance surfacing), restoration, and rehabilitation of scenic highways consistent with federal alternative design guidelines.

The measure also requests the Department of Transportation to submit a report to the Legislature on its progress in developing and implementing flexible design standards and to recommend whether such standards should be established in statute. This report is to be submitted no later than twenty days prior to the convening of the Regular Session of 2005.

Testimony in support was submitted by Hanalei Roads Committee, Na Leo Pohai, Historic Hawai'i Foundation, and three individuals. The Department of Transportation submitted testimony in opposition to the measure.

The Department of Transportation noted its strong concern over issues of exposure to liability that may result from implementing design standards that deviate from federal highway design standards. The department noted that Hawaii is one of only three states that do not have full or partial immunity from liability resulting from the use of flexible design standards and believes this issue must be addressed first.

Testifiers in support of the measure stated that Hawaii is only one of two or three states without a scenic highway program. They expressed the need to maintain historic and scenic roadways, many of which are in serious disrepair and require major renovations, while preserving their unique cultural heritage. Your Committee notes that some of these scenic roadways run through the most beautiful areas in the nation.

Your Committee understands the need to balance the issue of liability with the community's desire for context sensitive design standards.

Your Committee has amended this measure to incorporate the suggestions of Na Leo Pohai, to encourage the Department of Transportation to include more consultation with the community and organizations where these scenic roadways are located when developing the flexible design guidelines.

As affirmed by the record of votes of the members of your Committee on Transportation that is attached to this report, your Committee concurs with the intent and purpose of H.C.R. No. 249, as amended herein, and recommends its adoption in the form attached hereto as H.C.R. No. 249, H.D. 1.

Respectfully submitted on behalf of the members of the Committee on Transportation,

 

____________________________

JOSEPH M. SOUKI, Chair