STAND. COM. REP. NO. 67

Honolulu, Hawaii

, 2005

RE: S.B. No. 1876

S.D. 1

 

 

Honorable Robert Bunda

President of the Senate

Twenty-Third State Legislature

Regular Session of 2005

State of Hawaii

Sir:

Your Committee on Transportation and Government Operations, to which was referred S.B. No. 1876 entitled:

"A BILL FOR AN ACT RELATING TO HIGHWAYS,"

begs leave to report as follows:

The purpose of this measure is to require the Department of Transportation to use alternative federal guidelines in the repair and reconstruction of scenic highways, provide for the designation of those highways deemed to be scenic, and limit the State's liability in cases involving those highways.

Your Committee received testimony in support of this measure from the Department of Transportation, Verizon Hawaii, and six individuals. Testimony in opposition was received from Hawaiian Electric Company, Inc.

Your Committee finds that repair and reconstruction of state highways should take into account, in addition to safety, durability, and economy of maintenance, factors such as the constructed and natural environment of the area; scenic, aesthetic, historic, cultural, and other impacts of the activity; and access for other modes of transportation. The Governor vetoed a measure passed in 2000 (S.B. No. 3201, H.D. 2) that would have required the Director of Transportation to establish new design guidelines by June 30, 2003, to govern new construction, reconstruction, resurfacing, restoration, or rehabilitation of bridges, principal and minor arterial roads, collector and local roads, and streets, taking into account environmental, scenic, aesthetic, historic, community, and other impacts of the activity.

It is the intent of your Committee to encourage the highest quality design to ensure that road and bridge projects adequately meet the State's transportation needs, exist in harmony with their surroundings, and add value to the communities they serve. However, your Committee finds that the Department of Transportation may be reluctant to use alternative standards in the repair or reconstruction of scenic highways because of the potential risk of liability, in accordance with a Hawaii Supreme Court holding. This measure provides a limitation on that liability.

Your Committee has amended this measure by providing limited liability to public utilities regulated under chapter 269, Hawaii Revised Statutes.

As affirmed by the record of votes of the members of your

Committee on Transportation and Government Operations that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 1876, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 1876, S.D. 1, and be referred to the Committee on Ways and Means.

Respectfully submitted on behalf of the members of the Committee on Transportation and Government Operations,

____________________________

LORRAINE R. INOUYE, Chair