Bill Text: HI HB1226 | 2016 | Regular Session | Introduced

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Bill Title: Transportation; Appropriation; Road Repairs; City and County of Honolulu; Roads-in-limbo ($)

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Introduced - Dead) 2015-12-17 - Carried over to 2016 Regular Session. [HB1226 Detail]

Download: Hawaii-2016-HB1226-Introduced.html

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HOUSE OF REPRESENTATIVES	H.B. NO.	1226
TWENTY-EIGHTH LEGISLATURE, 2015
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 certain roadways and streets located in the city and county of Honolulu, whether State, city and county, or privately owned, have been in disrepair for decades due to a jurisdictional dispute between the State and city and county over ownership of these roads, often referred to as "roads in limbo".  In general, because of jurisdictional disputes between the counties and the State regarding ownership and responsibility for maintenance and improvement of roadways and easements, many taxpaying citizens throughout the State have experienced considerable frustration in obtaining necessary repairs to and maintenance of public roads and easements bordering their property.

     The origins of this problem apparently arose from a 1963 amendment to section 264-1, Hawaii Revised Statutes, which created two categories of public highways:  State highways, under the jurisdiction of the department of transportation, and county highways, which comprise all remaining highways.  The State claims that under this law all non-state roadways were transferred from the State to the various counties and are now the responsibility of the counties.  However, the counties maintain that a highway does not become a county highway unless it is accepted or adopted as such by the appropriate county council and therefore the counties accept no responsibility for roadways they have not accepted in this fashion.

     According to a legislative reference bureau report on roads in limbo (Report No. 11, 1989), the real roots of the problem reach back much further than 1963.  Confusion over who owns roads in Hawaii stems from several sources.  First, there is no complete and accurate list of roads in the State.  Second, ownership of government roads is complicated by the varied ways that a road can become public, such as dedication by a developer to the county upon completion of development and consistent use of a private road by the public so as to effectively create a de facto public easement.  Third, some public roads are not formally recorded, so that their existence or exact location may not be known by the government because of a lack of recording of metes and bounds description.

     The legislature further finds that the disrepair of these roadways and streets pose public health and safety issues for the State.  The safety of residents traveling over roadways and streets whose ownership and jurisdiction are in dispute between the State and the counties is affected by the lack of any maintenance to these roads.  A major impediment to repairs, other than costs, is that government agencies are unwilling to maintain these roads because the maintenance activities may be construed as assuming ownership and jurisdiction over the disputed roadways and streets due to the maintenance activities.

     In addition, there are some privately-owned public roads that the city and county of Honolulu has attempted to repair under the authority of section 265A-1, Hawaii Revised Statutes, which authorizes the counties to "do any construction work upon private streets, ways, pavement, water lines, street lighting systems, or sewer repairs."  The costs of resurfacing of these roads has also been a hindrance for the city and county of Honolulu.

     The purpose of this Act is to establish a five-year joint city-state roads-in-limbo pilot project to fund the upgrading of certain roadways and streets by making a matching appropriation to the city and county of Honolulu for road repairs and resurfacing.

     SECTION 2.  As used in this Act, the term "roads-in-limbo" refers to State or county roadways or streets whose ownership and jurisdiction are in dispute between the State and a county.  The term "roads-in-limbo" includes privately owned public roads that are:

     (1)  Not within the state highway system, as described in part III of chapter 264, Hawaii Revised Statutes; and

     (2)  Any privately-owned public road which is intended for dedication to the public use as provided in section 264-1(b), Hawaii Revised Statutes, and is open for public travel but has not yet been accepted by a county or not compliant with county standards and so is not considered a county road.

     SECTION 3.  There is established a five-year joint city-state roads-in-limbo pilot project between the city and county of Honolulu and the State for roadway and street repairs and resurfacing.  The project shall be under the joint jurisdiction of the state department of transportation and the department of transportation services of the city and county of Honolulu.  The purpose of the joint pilot project shall be to provide joint funding for upgrades to certain roads-in-limbo within the geographical boundaries of the city and county of Honolulu.  At a minimum, the following roadways and streets shall be deemed roads-in-limbo for purposes of this Act and shall be eligible for funding under this Act:

     (1)  Lanakila Avenue;

     (2)  Emmeluth Lane;

     (3)  Laki Road;

     (4)  Simon Road;

     (5)  Keola Street;

     (6)  Luka Street;

     (7)  Puna Street;

     (8)  Aulii Street;

     (9)  Kula Street;

    (10)  Lolena Street;

    (11)  Lolena Place;

    (12)  Malanai Lane;

    (13)  Hiram Lane;

    (14)  Liliha Court Lane;

    (15)  Holokahana Lane;

    (16)  Kellett Lane;

    (17)  Elena Street;

    (18)  Dayton Lane;

    (19)  Kunawai Lane;

    (20)  Mapu Lane;

    (21)  Ihe Street;

    (22)  Panui Street;

    (23)  Pala Street;

    (24)  Judd Street;

    (25)  Analu Street;

    (26)  Nu Place;

    (27)  Nanaina Place; and

    (28)  Kauila Street.

     SECTION 4.  There is appropriated out of the general revenues of the State of Hawaii the sum of $           or so much thereof as may be necessary for fiscal year 2015-2016 and the same sum or so much thereof as may be necessary for fiscal year 2016-2017 for repair and resurfacing of roadways and streets in the city and county of Honolulu as enumerated under section 3 of this Act; provided that no funds shall be made available under this Act unless the city and county of Honolulu provides matching funds for the purpose for which this sum is appropriated.

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

     SECTION 5.  (a)  Any state funds appropriated under this Act shall not be construed to impose liability on the State for damages for personal injuries, death, or property damage arising from or claimed to have arisen from the repairs and resurfacing of a roadway or street pursuant to this Act.

     (b)  Any city and county of Honolulu funds appropriated by the city and county of Honolulu to match state funds appropriated pursuant to this Act shall not be construed to impose liability on the city and county of Honolulu for damages for personal injuries, death, or property damage arising from or claimed to have arisen from the repairs and resurfacing of a roadway or street pursuant to this Act.

     (c)  Any repairs and resurfacing of a roadway or street pursuant to this Act shall not be construed to infer ownership or control of the roadway or street by the State or the city and county of Honolulu.

     SECTION 6.  This Act shall take effect on July 1, 2015, and shall be repealed on June 30, 2020.

 

INTRODUCED BY:	_____________________________

 

 

Report Title:

Transportation; Appropriation; Road Repairs; City and County of Honolulu; Roads-in-limbo

 

Description:

Establishes a five-year joint city-state roads-in-limbo pilot project for roadway and street repairs and resurfacing to specified roadways and streets.  Places the project under the joint jurisdiction of the state department of transportation and the department of transportation services of the city and county of Honolulu.  Makes a matching appropriation to the city and county of Honolulu.  Clarifies that no liability attaches to the State or city and county of Honolulu for repairs and resurfacing.  Clarifies that no ownership or control by the State or city and county of Honolulu is to be inferred from the making of repairs and maintenance.  Repeals 6/30/20.

 

 

 

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