Bill Text: HI SB1131 | 2012 | Regular Session | Introduced


Bill Title: Highway Modernization Program; Taxes; Fees; Pilot Programs

Spectrum: Partisan Bill (Democrat 4-0)

Status: (Introduced - Dead) 2011-12-01 - Carried over to 2012 Regular Session. [SB1131 Detail]

Download: Hawaii-2012-SB1131-Introduced.html

THE SENATE

S.B. NO.

1131

TWENTY-SIXTH LEGISLATURE, 2011

 

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

RELATING TO HIGHWAYS.

 

 

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

 


PART I

     SECTION 1.  (a)  The legislature finds that:

     (1)  To meet the economic needs of the State and preserve the unique quality of life of its residents and visitors to these precious islands, the department of transportation must provide safe, efficient, and effective land transportation facilities for the movement of people and goods;

     (2)  A modern and efficient land transportation infrastructure system is essential to a healthy and vibrant economic future;

     (3)  Congestion on our highway systems has severe detrimental impacts on our economy and on the quality of life of Hawaii's people; and

     (4)  The condition of our highway system continues to deteriorate at alarming and unacceptable rates.

     The legislature further finds that the department of transportation's ability to fulfill its critical infrastructure responsibilities with fixed resources is an extreme challenge that continues to intensify due to programmatic and project needs far exceeding the necessary resources available and needed to properly address those needs.  The land transportation system will continue to deteriorate as demand for travel continues to increase and as costs to manage, construct, and administer the system increase.  Opportunities to expand the system come at too high a price.

     As an island state, Hawaii has evolved from mostly rural, agriculturally based communities to an increasingly urban environment.  The land transportation system has also evolved from native trail systems linking historic communities, to a belt road system providing both mobility and access to and between towns and agricultural communities (plantation villages).  Presently, the land transportation system is a hierarchical multimodal land transportation system that provides high speed travel for the movement of people and goods.  The inherent trade-off between mobility and accessibility continues to be a challenge in balancing the need to accommodate access to property while minimizing congestion.

     Land is a scarce commodity in our island state and affordable land is an ever more limited resource.  As our statewide population has grown, a pent up demand for housing has resulted due to the lack of affordable housing.  Economic realities have led to affordable housing developments being pursued on former agricultural lands that are located farther and farther away from the urban core where the majority of jobs are located.  This land use development pattern has resulted in ever greater commute demands and commute distances, with corresponding increases in regional congestion.  Historic lows in mortgage interest rates have further exacerbated this situation by stimulating a housing boom before the regional land transportation infrastructure has had a chance to keep pace with accelerated development.

     Evolving life styles have also resulted in ever increasing demands for travel.  The use of single occupancy vehicles continues to be the predominant trend even during highly congested peak commute periods.  Motor vehicle usage has evolved to become an ever more basic component in our everyday social and recreational activities.  Multiple vehicle ownership per household has become commonplace.  In some cases, vehicle ownership per household exceeds the number of licensed drivers.

     There are inherent and greater challenges in expanding capacity through new or existing corridors as adjoining lands become more urbanized.  As open space diminishes, the potential impacts of new capacity enhancement projects become ever more deleterious.  The easier, more cost effective routes have often already been used and improvements implemented.  Available corridors or options often come with greater geographic and construction challenges and higher associated costs. 

     There are also significantly greater complexities due to stricter archaeological, environmental, and legal compliance requirements.  There is heightened awareness and greater value placed on our precious archaeological and environment resources requiring avoidance, where possible, and appropriate mitigation.  There are also increased legal requirements prohibiting discrimination of the disadvantaged and disabled.

     (b)  On average, one hundred forty lives are lost on Hawaii's roadways each year.  Hawaii ranked twenty-ninth in freeway safety with 1.45 traffic fatalities per million vehicle miles traveled.  Hawaii also ranked highest in the nation in alcohol‑related fatalities, second highest in the nation in motorcycle-related fatalities, and seventh highest in the nation in pedestrian-related fatalities.  These statistics are high, necessitating immediate and directed action to significantly reduce fatalities.  Increased funding and additional resources are needed to expedite the implementation of various recommendations in seven areas of emphasis developed through the multi-agency strategic highway safety program.

     The infrastructure deterioration continues to progress with vehicle miles traveled increasing faster than the State's ability to construct additional lanes of travel, resulting in greater congestion.  The morning commute on the H-1 freeway from Kapolei into downtown Honolulu has risen to an average of sixty-five minutes and is expected to increase every year.  There is a significant human cost to congestion, with ten minutes of time spent in traffic, equating to approximately $600 per person per year, and $3,300 per commercial vehicle per year.

     Traffic congestion also has a significant negative impact on the environment and related deterioration in overall quality of life.  Motor vehicles caught in congestion experience higher energy consumption and emit greater air and noise pollution.  The resultant greenhouse gas emissions impact not only the local but also the global environment.  Congestion also results in elevated stress in drivers and takes time away from families and loved ones.

     The cost for construction materials has dramatically increased due in large part to the aggressive expansion in emerging Asian nations.  Significant fluctuations in petroleum prices have also directly impacted construction costs since the raw construction materials rely heavily on petroleum-based products in their manufacture.  The liquid fuel tax is assessed on a per gallon basis without adjustments for inflation or other factors.  Motor vehicle manufacturers are also striving for greater fuel efficiency and electric vehicle usage continues to expand, further diminishing gas tax collection that pays for the very infrastructure that these vehicles use.

     The department of transportation continues to judiciously allocate its limited resources to the most critical needs.  There is a point at which, however, a lack of resources will significantly harm the efficacy of the organization.

     Due to the extreme imbalance between programmatic needs and available resources, the department of transportation is committed to undertaking a comprehensive transformation, re‑evaluating its strategic policies, priorities, and organizational structure to meet the challenges of the twenty‑first century.  A major initiative of this comprehensive transformation is the development of clear performance criteria to properly drive investment decisions to ensure that the greatest public benefit will be achieved through the responsible management and expenditure of public funds.

     (c)  The department of transportation has developed a $4,000,000,000 comprehensive six-year work plan and financial plan to implement critical programs and projects.  As a part of this effort, the department of transportation requires a one‑time, extraordinary infusion of $2,000,000,000 in capital to aid in rectifying critical deficiencies by pursuing those programs and projects that have the greatest potential to improve the performance categories relating to safety, congestion, system preservation, and other programs and initiatives.

     The overall six-year work program is broken down by performance category, by county, and by transportation corridors to better manage, monitor, and inform the public on the progress being made in improving performance.  By accelerating the implementation of the identified programs and projects, the department of transportation intends to make major improvements in the identified performance categories.

     (d)  Safety:  Safety is and continues to be one of the highest priorities for the department of transportation.  While the safety program receives priority funding, careful balancing of available resources among programs is required in order to avoid jeopardizing essential services, functions, and responsibilities of the department of transportation.  Additional resources are needed to more expeditiously address these critical and urgent needs.

     The bridge, rockfall, and slope stabilization, and shoreline protection programs serve core safety purposes in providing and preserving essential connections to and between communities.  With much of the State served through a belt road system, the statewide highway system serves fundamental and essential functions, as well as serving core emergency response and emergency evacuation functions.  Bridges, rockfall, and slope stabilization, and shoreline protection are also critical safety concerns as catastrophic failures have dire consequences entailing a potential for loss of life or serious injury.

     Of an estimated seven hundred sixty bridges in the statewide highway system, two hundred seventy-five are structurally deficient or unsafe.  In 2006, Hawaii ranked forty‑sixth nationally based on the percentage of structurally safe bridges.  Hawaii also had the worst compliance record in the nation with respect to federal bridge inspection requirements, failing to meet the requirement that all bridges be inspected within two years.  Although this statistic has now been improved to being one of the best in the nation, these failures may not be allowed to recur.

     It is difficult to precisely predict when rocks will fall or when a landslide will occur.  Topography, geologic conditions, and weather conditions factor into a risk assessment to locate areas having the greatest potential for a landslide.  Shoreline protection is a constant and continuing battle as sea levels rise due to global warming, and the shoreline erodes due to storm surges and runoff.

     Due to current resource limitations, the department of transportation can only address the most critical locations that are at greatest risks for failure.  Infusion of additional resources will allow the department to accelerate implementation of corrective measures and proactively address more locations that are at risk.

     The goals of this modernization effort in the safety performance category are to:

     (1)  Reduce the average number of lives lost on state highways to one hundred or less per year;

     (2)  Bring fifty of the most deficient bridges up to current structural design standards;

     (3)  Inspect all seven hundred sixty bridges in the statewide highway system within a two-year cycle;

     (4)  Address the top fifteen sites identified in the rock fall and slope stabilization program that are on the most critical routes where severance of access would have the greatest potential negative impact; and

     (5)  Address the top ten sites identified in the shoreline protection program that are on the most critical routes where severance of access would have the greatest potential negative impact.

     (e)  To achieve these goals, the following projects must be undertaken:

     (1)  The recommendations of the strategic highway safety program in the seven areas of emphasis must be implemented;

     (2)  Legislative and statutory changes must be approved as part of the department of transportation's highway safety initiative that are separate from and yet an integral part of this highway modernization plan;

     (3)  The highway safety improvement program that targets locations with high accident rates must be implemented;

     (4)  The planning and design of the most critical bridges identified in the bridge program must be accelerated and federal funding pursued to the maximum extent practicable should the federal infrastructure stimulus plan be implemented;

     (5)  Remediation of fifteen sites identified as priority in the rockfall and slope stabilization program must be accelerated;

     (6)  Remediation of ten sites identified as priority in the shoreline protection program must be accelerated; and

     (7)  Other critical projects identified in the guardrail and shoulder improvement program and motor vehicle safety program.

     (f)  Congestion:  There are currently unacceptable levels of congestion in every county.  Unacceptable congestion currently occurs on Queen Kaahumanu highway and on Keaau-Pahoa road in the county of Hawaii, on Honoapiilani highway and on Hana highway in the county of Maui, through the H-1 freeway corridor and along Fort Weaver road in the city and county of Honolulu, on Kuhio highway and on Kamualii highway in the county of Kauai, and on many other facilities throughout the State.

     The department of transportation pursues capacity and congestion relief projects based on greatest need.  Current resource limitations and rising costs to implement the improvements have resulted in a severe reduction of the number and locations where necessary improvement can be pursued and the deferral of projects that are of lesser priority.

     Land use development patterns have also greatly contributed to the exacerbation of congestion on the regional highway system.  While developers are required to mitigate the direct impacts of their proposed projects, their regional impacts are typically only a portion of the total regional improvements needed to address current and future congestion. 

     Regional improvements are major and extremely expensive undertakings that require significant resources to implement.  The indirect regional impacts of a development are also difficult to definitively quantify.  The department of transportation typically receives only a small fraction of the necessary funds needed to implement regional improvements through developer exactions.

     Rising costs, greater urbanization, and more comprehensive environmental and legal requirements restrict the State's ability to simply add capacity to reduce congestion.  The stark reality is that the State cannot build its way out of congestion.  The department of transportation has initiated several new programs aimed at preserving and better managing the existing statewide highway system.  Resource limitations, however, diminish the efficacy of these initiatives.

     The goals of this modernization program in the congestion performance category are to:

     (1)  Achieve a minimum of ten per cent reduction in congestion along two major corridors within each county within ten years;

     (2)  Achieve a ten per cent increase in overall operational efficiency of the existing statewide infrastructure system; and

     (3)  Achieve a ten per cent increase in the use of alternative travel modes.

     (g)  The strategies to achieve these goals include the infusion of additional capital that will provide the department of transportation with the necessary resources to expedite the implementation of thirty-five regional improvement projects spread out over each county to aid in relieving congestion.  The department of transportation intends to programmatically address recurring and non-recurring congestion.  The department's goal is to reduce recurring congestion by eliminating bottlenecks and non-recurring congestion through the implementation of a freeway management system that will respond to accidents or stalled vehicles that contribute to congestion.  The department further intends to manage the existing land transportation highway system more efficiently and effectively through the traffic signal optimization program and other transportation system management techniques.  In addition, the department intends to expand implementation of intelligent transportation systems including the freeway management system.  The department is committed to expanding and enhancing multimodal and intermodal options and facilities to provide greater alternative travel choices.  The department intends to enhance its current bicycle and pedestrian programs to better promote, encourage, and proactively pursue bicycle and pedestrian usage.  The department will also seek greater opportunities to facilitate transit use and service.

     (h)  System preservation:  Due to severe resource limitations, the department of transportation has had to make difficult choices and forgo necessary maintenance when possible to divert resources to more critical programs as safety and congestion.  Forgoing basic preservation and preventive maintenance, however, comes at a much greater long-term cost as infrastructure deteriorates prematurely and requires greater capital investment in the long run.

     A significant infusion of additional capital will allow the department of transportation to take appropriate and necessary preventive action to extend the service life of a greater portion of the existing infrastructure.

     Investing in preventive maintenance not only extends the service life of the facilities but can also aid in reducing exposure to liability.  Many claims filed against the State are attributed to allegedly poor roadway conditions.  Preserving the infrastructure in better condition improves the overall safety of the facilities and also reduces exposure to liability.

     Pavement conditions, as measured by roughness and thus "ride-ability", have been improving as the department has made system preservation a higher priority and retained a base level of funding committed to this program.  The current average pavement condition index rating is seventy-five statewide, seventy‑eight on Hawaii, eighty on Maui, seventy on Oahu, and seventy-six on Kauai.

     The goals of this modernization program in the system preservation performance category are to achieve and maintain seventy-five per cent of the infrastructure system within nationally accepted guidelines for the infrastructure type within ten years to achieve and maintain a pavement condition index of eighty or higher on all roadways in the statewide highway system.

     The strategies to achieve these goals include performing one hundred miles of pavement preservation every year and increasing base systems preservation program expenditures to ensure proper system preservation and preventive maintenance.

     (i)  Other initiatives:  A major initiative of the department is transparency and accountability to the public.  The department of transportation is committed to achieving this through the development of appropriate performance criteria and being transparent by reporting the department of transportation's progress in achieving performance goals that better reflect what the public understands.

     Current practices are to measure regional congestion based on volume-to-capacity ratio or levels-of-service, or both, rather than on outcomes the public can better relate to as travel time and delay.  While current practices provide a reliable means to prioritize capacity programs and projects, volume-to-capacity does not easily translate into terms that the general public understands.  It also does not take into account variations in local community tolerances and acceptance regarding levels of congestion.

     Through performance monitoring, the department of transportation will be better able to direct its resources to those programs and activities that provide the greatest public benefit and value.  Through transparency, the department will be more accountable to the public in how the department prioritizes and addresses programs and projects to meet core functional needs.

     The department of transportation's current practice is to meet compliance thresholds as mandated by federal and state regulations.  Cultural, ecological, and archaeological resources hold far greater public value than in the past.  Recognizing the value of these precious and unique resources, the department of transportation is committed to their preservation through the creation of a formalized environmental program and committing greater resources to ensure impacts are minimized to the greatest extent possible.

     The department of transportation intends to gather and disseminate more relevant and reliable real time information so that motorists can make better, more informed decisions regarding their personal travel.  By providing reliable real time information, motorist will know the severity of a disruption allowing them the opportunity to adjust their routes or planned travel time, or both.  Real time information can also aid in reducing overall driver anxiety and stress generated by the unknown.

     In addition to accelerating projects and programs, the department of transportation is also committed to reviewing alternative policies and initiatives that may be able to affect the demand for travel, to explore alternative travel modes, and ways to better manage the overall transportation system to achieve greatest efficiency.  The department also intends to investigate opportunities to partner with other governmental agencies to influence land use development patterns to reduce overall need for travel and associated transportation impacts.

     (j)  Financial plan:  As part of the overall financial plan to generate the additional capital required for this modernization program, the department requires increases in the state liquid fuel tax, state vehicle registration fee, state vehicle weight tax, and the rental motor vehicle surcharge tax.  Creation of a new special fund into which these additional revenues will be placed is also required.  The creation of this special fund will allow for greater accountability and transparency for the public and assure the public that the increases in revenues are being appropriately used on programs and projects that achieve the desired improvements in the adopted performance categories.

     The state liquid fuel tax, state vehicle registration fee, and state vehicle weight tax, will be increased as follows:

     (1)  Increase the state tax on liquid fuel by       cents per gallon increase;

     (2)  Increase the state vehicle registration fee by $     ; and

     (3)  Increase the state vehicle weight tax.

     The state liquid fuel tax, state vehicle registration fee, state vehicle weight tax, and rental motor vehicle surcharge tax are the major sources of revenues for the state highway fund. Appropriations from the fund are used for the construction, operation, and maintenance of the state highway system.  The highways financial plan relies on these revenues to support the continued operations and maintenance of the state highway system.

     These revenues also serve as pledged revenues for highway revenue bonds.  The additional revenues derived from the increased taxes and fees will help to increase the revenue bonding capacity of the state highways program and provide funding for additional capital improvement projects.

     (k)  Highway fuel license taxes:  Highway fuel license taxes consist of license taxes on fuel sold to motor vehicle operators pursuant to chapter 243, Hawaii Revised Statutes.  The distributor of motor vehicle fuel pays the fuel license tax for liquid fuel produced or imported by the distributor to be sold or used by the distributor.  Highway fuel license taxes are currently assessed at a rate of 17 cents per gallon of gasoline and diesel oil used for general highway purposes; and 2 cents per gallon of gasoline, diesel oil, and liquid petroleum gas used for non-highway purposes.  The highway fuel license taxes are collected by the department of taxation, which then transfers the receipts to the state highway fund.

     The rate of taxation on fuel increased significantly between 1975 and 1991.  Highway fuel license taxes increased in 1975 from 8.5 cents per gallon of gasoline and diesel oil and 6 cents per gallon of liquid petroleum gas, to 11 cents per gallon of gasoline and diesel oil, and 8 cents per gallon of liquid petroleum gas in 1985; and in 1991, to 16 cents per gallon of gasoline and diesel oil and 11 cents per gallon of liquid petroleum gas.  The state fuel tax was increased to 17 cents per gallon for gasoline and diesel oil used for general highway purposes, and 2 cents per gallon for gasoline, diesel oil, and liquid petroleum gas used for non-highway purposes in 2007.

     (l)  Vehicle registration fees:  All vehicles, including motor vehicles, must be registered annually with one of the four counties of the State.  The vehicle owner must pay a state registration fee of $25 for each vehicle, pursuant to section 249-31, Hawaii Revised Statutes.  The state vehicle registration fee has been increased from $1 per vehicle in 1979, to $10 per vehicle in 1985, to $20 per vehicle in 1991, and to $25 per vehicle in 2004.  From each annual motor vehicle registration fee collected, $20 is deposited into the state highway fund, and $5 into the emergency medical services special fund.  The four counties each collect the vehicle registration fee along with their respective county registration fees and transfer the State's portion of the vehicle registration fee into the state highway fund.

     (m)  Vehicle weight taxes:  All vehicles, including motor vehicles, are assessed an annual state vehicle weight tax pursuant to section 249-33, Hawaii Revised Statutes.  The tax rate is $0.0075 per pound for vehicles less than 4,000 pounds; $0.01 per pound for vehicles between 4,001 and 7,000 pounds; $0.0125 per pound for vehicles between 7,001 and 10,000 pounds; and $150 per vehicle for vehicles over 10,000 pounds.  Vehicle weight taxes increased from a minimum rate of $0.0045 per pound to $0.0050 per pound to $0.0075 per pound and a maximum charge of $36 per vehicle to $65 per vehicle to $150 per vehicle over the period from 1991 to 2002.  The four counties each collect the vehicle weight tax, along with their respective county vehicle taxes, and transfer the State's portion of the vehicle weight tax into the state highway fund.

     (n)  Transfers from the state highway fund:  Due to the dire need to heavily invest in the state land transportation infrastructure system and the existence of a significant backlog in maintenance of existing facilities, the transfer of funds from the state highway fund and the new land transportation modernization special fund must be strictly prohibited.  The department of transportation requires a secure, stable, and reliable funding source to properly administer and manage the extreme challenges faced by the state land transportation infrastructure system.

     Nationally, there is much discussion regarding a proposed federal infrastructure stimulus plan to stimulate the national economy.  Should this federal initiative come to fruition, the department of transportation must be prepared to actively pursue the funds to the maximum extent practical.  For this reason, the department of transportation seeks authorization to pursue a comprehensive six-year program that accounts for an infusion of federal funds should federal infrastructure stimulus plan funds become available.

     Funding needed to operate and maintain the existing highway infrastructure is estimated to cost $7,000,000,000.  Of this $7,000,000,000, the sum of $1,960,000,000 is needed to address safety program needs; $1,530,000,000 to address preservation program needs; $150,000,000 to address congestion program needs; $3,100,000,000 to address capacity program needs; $160,000,000 to address enhancement program needs; and $100,000,000 to address other program needs.  At current funding levels of $250,000,000 per year, it will take over thirty years to reach the estimated $7,000,000,000 in current infrastructure and programmatic needs.

     The establishment of the land transportation modernization special fund is proposed to accept deposits from the increase in state liquid fuel taxes, state vehicle registration fees, state vehicle weight taxes, and rental motor vehicle surcharge taxes.  Expenditures from the land transportation modernization special fund shall be made for the purpose of the transportation modernization program of the department of transportation program.

     The land transportation modernization special fund shall be managed to allow for greater accountability and greater transparency to the public and ensure the public that the increases in revenues are being appropriately used on programs and projects that achieve the desired improvements in the adopted performance categories.

     (o)  The purpose of this Act is to:

     (1)  Increase the state liquid fuel tax, state vehicle registration fee, and state vehicle weight fee;

     (2)  Create the land transportation modernization special fund;

     (3)  Provide funding for a six-year comprehensive modernization program;

     (4)  Implement one or more pilot programs to test alternatives to current state and county system of motor vehicle fuel taxes; and

     (5)  Require the department of transportation to implement the vehicle miles traveled pilot program.

PART II

     SECTION 2.  (a)  The department of transportation shall establish the vehicle miles traveled pilot program.

     Paying less and avoiding having to pay any liquid fuel tax are often viewed as incentives for motorists to purchase or use more fuel-efficient motor vehicles or motor vehicles that use alternative sustainable fuel sources.  The liquid fuel tax, however, is the primary means of funding the infrastructure improvements needed to support motor vehicular travel, regardless of fuel type.  As the use of fuel efficient and alternative energy vehicles becomes more prevalent, less gas will be consumed and liquid fuel tax collections will correspondingly diminish.  The current method of assessing the motor vehicle liquid fuel tax on a per gallon basis will become less and less effective at generating a stable revenue source to fund the land transportation infrastructure program.

     The current liquid fuel tax per gallon is also not indexed to account for inflation or other cost escalation factors.  Political realities make it difficult to accomplish the periodic raising of the liquid fuel tax to match inflation.  The net result is the continual erosion in the actual buying power of the revenue collected.

     As gas prices recently rose to historic highs, demand for more fuel efficient vehicles also rose.  This correlation shows that the price of gas has a far greater influence than avoidance of paying the liquid fuel tax on encouraging use of fuel efficient vehicles and alternative energy use.

     The number of miles each vehicle travels is a better gauge of its actual use and associated impact on the land transportation infrastructure.  Thus the department proposes establishment of a vehicle miles traveled pilot program.

     (b)  The department of transportation shall evaluate a vehicle miles traveled user fee as a more equitable means of assessing all users of the highway system a fee based on their actual use and impact on the highways.  This approach would better correlate usage and fees and would provide a more reliable and stable source of funds to administer and manage the land transportation infrastructure system.

     SECTION 3.  The department of transportation shall develop one or more pilot programs to test alternatives to the current state and county system of motor vehicle fuel taxes.  The pilot programs may include programs to test the reliability, ease of use, cost, and public acceptance of technology and methods for:

     (1)  Identifying vehicles;

     (2)  Collecting and reporting the number of miles traveled by particular vehicles; and

     (3)  Collecting payments from or making payments to participants in pilot programs.

     SECTION 4.  Chapter 248, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

     "§248‑    Land transportation modernization special fund.  (a)  There is established in the state treasury the land transportation modernization special fund that excludes the taxes and fees collected on any island with a total resident population of less than twenty thousand persons, to be administered by the department of transportation, into which shall be deposited:

     (1)  A portion of the liquid fuel tax collected under section 243-4(a), equal to       cents per gallon of liquid fuel;

     (2)  A portion of the state registration fee collected under section 249-31, equal to $      for each annual motor vehicle registration fee collected;

     (3)  A portion of the annual state vehicle weight tax collected under section 249-33(a), equal to       cents a pound for vehicles up to and including ten thousand pounds net weight, and a rate of $     per vehicle for vehicles over ten thousand pounds net weight;

     (4)  Interest from investment of deposits; and

     (5)  State and county appropriations;

     (b)  Moneys in the land transportation modernization special fund shall be used for the purposes of Act     , Session Laws of Hawaii 2011, and shall be authorized for expenditure by the department of transportation for payment of revenue bond debt service, including principal and interest.

     (c)  The land transportation modernization special fund shall be exempt from the requirements of sections 36-27 and 36‑30."

     SECTION 5.  Section 36-27, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

     "(a)  Except as provided in this section, and notwithstanding any other law to the contrary, from time to time, the director of finance, for the purpose of defraying the prorated estimate of central service expenses of government in relation to all special funds, except the:

     (1)  Special out-of-school time instructional program fund under section 302A-1310;

     (2)  School cafeteria special funds of the department of education;

     (3)  Special funds of the University of Hawaii;

     (4)  State educational facilities improvement special fund;

     (5)  Convention center enterprise special fund under section 201B-8;

     (6)  Special funds established by section 206E-6;

     (7)  Housing loan program revenue bond special fund;

     (8)  Housing project bond special fund;

     (9)  Aloha Tower fund created by section 206J-17;

    (10)  Funds of the employees' retirement system created by section 88-109;

    (11)  Unemployment compensation fund established under section 383-121;

    (12)  Hawaii hurricane relief fund established under chapter 431P;

    (13)  Hawaii health systems corporation special funds and the subaccounts of its regional system boards;

    (14)  Tourism special fund established under section 201B‑11;

    (15)  Universal service fund established under section 269‑42;

    (16)  Emergency and budget reserve fund under section 328L‑3;

    (17)  Public schools special fees and charges fund under section 302A-1130;

    (18)  Sport fish special fund under section 187A-9.5;

    (19)  Glass advance disposal fee established by section 342G-82;

    (20)  Center for nursing special fund under section 304A‑2163;

    (21)  Passenger facility charge special fund established by section 261-5.5;

    (22)  Court interpreting services revolving fund under section 607-1.5;

    (23)  Hawaii cancer research special fund;

    (24)  Community health centers special fund;

    (25)  Emergency medical services special fund;

    (26)  Rental motor vehicle customer facility charge special fund established under section 261-5.6; [and]

    (27)  Shared services technology special fund under section 27-43[,]; and

    (28)  Land transportation modernization special fund established under section 248‑  ;

shall deduct five per cent of all receipts of all special funds, which deduction shall be transferred to the general fund of the State and become general realizations of the State.  All officers of the State and other persons having power to allocate or disburse any special funds shall cooperate with the director in effecting these transfers.  To determine the proper revenue base upon which the central service assessment is to be calculated, the director shall adopt rules pursuant to chapter 91 for the purpose of suspending or limiting the application of the central service assessment of any fund.  No later than twenty days prior to the convening of each regular session of the legislature, the director shall report all central service assessments made during the preceding fiscal year.

     SECTION 6.  Section 36-30, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

     "Each special fund, except the:

     (1)  Transportation use special fund established by section 261D-1;

     (2)  Special out-of-school time instructional program fund under section 302A-1310;

     (3)  School cafeteria special funds of the department of education;

     (4)  Special funds of the University of Hawaii;

     (5)  State educational facilities improvement special fund;

     (6)  Special funds established by section 206E-6;

     (7)  Aloha Tower fund created by section 206J-17;

     (8)  Funds of the employees' retirement system created by section 88-109;

     (9)  Unemployment compensation fund established under section 383-121;

    (10)  Hawaii hurricane relief fund established under section 431P-2;

    (11)  Convention center enterprise special fund established under section 201B-8;

    (12)  Hawaii health systems corporation special funds and the subaccounts of its regional system boards;

    (13)  Tourism special fund established under section 201B‑11;

    (14)  Universal service fund established under section 269‑42;

    (15)  Emergency and budget reserve fund under section 328L‑3;

    (16)  Public schools special fees and charges fund under section 302A-1130;

    (17)  Sport fish special fund under section 187A-9.5;

    (18)  Center for nursing special fund under section 304A‑2163;

    (19)  Passenger facility charge special fund established by section 261-5.5;

    (20)  Court interpreting services revolving fund under section 607-1.5;

    (21)  Hawaii cancer research special fund;

    (22)  Community health centers special fund;

    (23)  Emergency medical services special fund;

    (24)  Rental motor vehicle customer facility charge special fund established under section 261-5.6; [and]

    (25)  Shared services technology special fund under section 27-43[,]; and

    (26)  Land transportation modernization special fund established under section 248‑  ;

shall be responsible for its pro rata share of the administrative expenses incurred by the department responsible for the operations supported by the special fund concerned."

     SECTION 7.  Section 243-4, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

     "(a)  Every distributor, in addition to any other taxes provided by law, shall pay a license tax to the department of taxation for each gallon of liquid fuel refined, manufactured, produced, or compounded by the distributor and sold or used by the distributor in the State or imported by the distributor, or acquired by the distributor from persons who are not licensed distributors, and sold or used by the distributor in the State.  Any person who sells or uses any liquid fuel, knowing that the distributor from whom it was originally purchased has not paid and is not paying the tax thereon, shall pay [such] a tax as would have applied to [such] the sale or use by the distributor.  The rates of tax imposed are as follows:

     (1)  For each gallon of diesel oil, 2 cents;

     (2)  For each gallon of gasoline or other aviation fuel sold for use in or used for airplanes, 2 cents;

     (3)  For each gallon of naphtha sold for use in a power‑generating facility, 2 cents;

     (4)  For each gallon of liquid fuel, other than fuel mentioned in paragraphs (1), (2), and (3), and other than an alternative fuel, sold or used in the city and county of Honolulu, or sold in any county for ultimate use in the city and county of Honolulu, [17]       cents state tax, and in addition thereto an amount, to be known as the "city and county of Honolulu fuel tax", as shall be levied pursuant to section 243-5;

     (5)  For each gallon of liquid fuel, other than fuel mentioned in paragraphs (1), (2), and (3), and other than an alternative fuel, sold or used in the county of Hawaii, or sold in any county for ultimate use in the county of Hawaii, [17]       cents state tax, and in addition thereto an amount, to be known as the "county of Hawaii fuel tax", as shall be levied pursuant to section 243-5;

     (6)  For each gallon of liquid fuel, other than fuel mentioned in paragraphs (1), (2), and (3), and other than an alternative fuel, sold or used in the county of Maui, or sold in any county for ultimate use in the county of Maui, 17 cents state tax[,] on any island with a total resident population of less than twenty thousand persons and       cents state tax everywhere else, and in addition thereto an amount, to be known as the "county of Maui fuel tax", as shall be levied pursuant to section 243-5; and

     (7)  For each gallon of liquid fuel, other than fuel mentioned in paragraphs (1), (2), and (3), and other than an alternative fuel, sold or used in the county of Kauai, or sold in any county for ultimate use in the county of Kauai, [17]       cents state tax, and in addition thereto an amount, to be known as the "county of Kauai fuel tax", as shall be levied pursuant to section 243-5.

     If it is shown to the satisfaction of the department, based upon proper records and from any other evidence as the department may require, that liquid fuel, other than fuel mentioned in paragraphs (1), (2), and (3), is used for agricultural equipment that does not operate upon the public highways of the State, the user thereof may obtain a refund of all taxes thereon imposed by this section in excess of 1 cent per gallon.  The department shall adopt rules to administer [such] refunds."

     SECTION 8.  Section 249-31, Hawaii Revised Statutes, is amended to read as follows:

     "§249-31  State registration fee.  (a)  All vehicles and motor vehicles in the State as defined in section 249-1, including antique motor vehicles, except as otherwise provided in sections 249-4 and 249-6, shall be subject to a [$25]       annual vehicle registration fee[.] on any island with a total resident population of less than twenty thousand persons and a annual vehicle registration fee everywhere else.  The fee shall be paid each year together with all other taxes and fees levied by this chapter on a staggered basis as established by each county as authorized by section 286-51, and the state registration for that county shall likewise be staggered so that the state registration fee is due and payable at the same time and shall be collected together with the county fee.  The state registration fee shall be deemed delinquent if not paid with the county registration fee.  The respective counties shall collect this fee together with the vehicle registration tax collected for the county and shall transfer the moneys collected under this section to the State.

     (b)  From each annual motor vehicle registration fee, the director shall deposit $20 into the state highway fund and $5 into the emergency medical services special fund.  The director of transportation shall also deposit $           into the land transportation modernization special fund from each motor vehicle registration fee, except for those annual motor vehicle registrations on any island with a total resident population of less than twenty thousand persons."

     SECTION 9.  Section 249-33, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

     "(a)  All vehicles and motor vehicles in the State as defined in section 249-1, including antique motor vehicles, except as otherwise provided in sections 249-3 to 249-6, in addition to all other fees and taxes levied by this chapter, shall be subject to an annual state vehicle weight tax.  The tax shall be levied by the county director of finance at the rate of [.75]       cents a pound on any island with a total resident population of less than twenty thousand persons, and       cents a pound everywhere else according to the net weight of each vehicle as the "net weight" is defined in section 249-1 up to and including four thousand pounds net weight; vehicles over four thousand pounds and up to and including seven thousand pounds net weight shall be taxed at the rate of [1.00 cent]       cents a pound[;] on any island with a total resident population of less than twenty thousand persons, and       cents a pound everywhere else; vehicles over seven thousand pounds and up to and including ten thousand pounds net weight shall be taxed at the rate of [1.25]       cents a pound[;] on any island with a total resident population of less than twenty thousand persons, and       cents a pound everywhere else; vehicles over ten thousand pounds net weight shall be taxed at a flat rate of [$150] $      on any island with a total resident population of less than twenty thousand persons, and $      everywhere else."

PART III

     SECTION 10.  The department of transportation is authorized to issue highway revenue bonds for highway capital improvement projects authorized by the general appropriations Act of 2011, and for the purposes of this Act, designated to be financed by revenue bond funds with the debt service to be paid from special funds.

     SECTION 11.  The department of transportation shall be authorized to expend funds for the implementation of the projects and programs listed below.  Accounting of the appropriations by the department of accounting and general services shall be based on the projects as the projects are listed in this section.  Several related or similar projects may be combined into a single project if the combination is advantageous or convenient for implementation; and provided further that the total cost of the projects thus combined shall not exceed the total of the sum specified for the projects separately.  The amount after each cost element and the total funding for each project listed in this part are in thousands of dollars.

1.   SAFETY PROGRAM - Strategic highway safety program:  Seven emphasis areas of the strategic highway safety plan that will reduce the number and severity of traffic-related injuries and deaths on Hawaii's roadways.

     (A)  Putting the brakes on aggressive driving.

               Total funding                       $          

     (B)  Combating impaired driving.

               Total funding                       $          

     (C)  Protecting vehicle occupants.

               Total funding                       $          

     (D)  Safeguarding pedestrians and bicyclists.

               Total funding                       $          

     (E)  Ensuring motorcycle and moped safety.

          Total funding                            $          

     (F)  Building safer roadways by design.

               Total funding                       $          

     (G)  Improving data and safety management systems.

               Total funding                       $          

2.   SAFETY PROGRAM - Highway safety improvement program:  Safety improvements statewide in which scope may include but is not limited to intersection channelization, installation of milled rumble strips on centerline and shoulders, superelevation assessment along entire segment, pavement markings, and signing.

               Total funding                       $          

3.   SAFETY PROGRAM - Bridge program:  Bridge program includes bridge replacement, rehabilitation, widening, repair, lead abatement and inspection; seismic retrofit and tunneling.

     (A)  Oahu - Kamehameha Highway, Hoolapa Stream (Nanahu) Bridge replacement:  design and construction of Hoolapa Stream (Nanahu) Bridge replacement on Kamehameha Highway.

               Total funding                       $          

     (B)  Oahu - Kamehameha Highway, Makaua Stream Bridge rehabilitation:  design and construction of Makaua Stream Bridge rehabilitation on Kamehameha Highway.

               Total funding                       $          

     (C)  Oahu - Kamehameha Highway, Waikane Stream Bridge rehabilitation:  design and construction of Waikane Stream Bridge rehabilitation on Kamehameha Highway.

               Total funding                       $          

     (D)  Oahu - Kamehameha Highway, Kalauoa Springs Stream Bridge replacement:  design and construction of Kalauoa Springs Stream Bridge replacement on Kamehameha Highway.

               Total funding                       $          

     (E)  Oahu - Bridge, rehabilitation, replacement, or seismic retrofit includes design, right-of-way, and construction for rehabilitation, replacement, and seismic retrofit of bridges at various locations.  Interstate H-1, H-2, and H-3 structures Kalanianaole Highway, Inaole Stream Bridge, Waimanalo Kamehameha Highway, Waiahole Bridge replacement Kamehameha Highway, Kaipapau Stream Bridge rehabilitation Kamehameha Highway, Kawela Stream Bridge replacement/rehabilitation Kamehameha Highway, Makaha Bridges #3 and #3A replacement Kamehameha Highway, Kaluanui Stream Bridge replacement.

               Total funding                        $          

     (F)  Hawaii Belt Road, Hilea Stream Bridge replacement:  design and construction of Hilea Stream Bridge replacement on Hawaii Belt Road.

               Total funding                        $          

     (G)  Hawaii - Bridge, rehabilitation, replacement, or seismic retrofit includes design, right-of-way, and construction for rehabilitation, replacement, and seismic retrofit of bridges at various locations.  Hawaii Belt Road, Pahoehoe Stream Bridge replacement Kawaihae Road, Waiaka Stream Bridge replacement and realignment of approaches.

               Total funding                        $          

     (H)  Maui - Kula Highway, Kaipoioi Stream Bridge rehabilitation:  design and construction for Kaipoioi Stream Bridge rehabilitation on Kula Highway.

               Total funding                        $          

     (I)  Maui - Hana Highway, bridge preservation plan:  plan for preservation of bridges on Hana Highway.

               Total funding                        $          

     (J)  Maui - Hana Highway, structural strengthening of various bridges.

               Total funding                        $          

     (K)  Maui - Hana Highway, Mokulehua Stream Bridge rehabilitation/replacement:  design and construction for Mokulehua Stream Bridge rehabilitation/replacement on Hana Highway.

               Total funding                        $          

     (L)  Maui - Hana Highway, Kopiliula Stream Bridge Rehabilitation/Replacement:  design and construction for Kopiliula Stream Bridge replacement on Hana Highway.

               Total funding                        $          

     (M)  Molokai - Kamehameha Highway V, Kamiloloa Stream Bridge rehabilitation:  design and construction of Kamiloloa Stream Bridge rehabilitation on Kamehameha Highway V.

               Total funding                        $          

     (N)  Maui - Bridge, rehabilitation, replacement, or seismic retrofit includes design, right-of-way, and construction for rehabilitation, replacement, and seismic retrofit of bridges at various locations.  Waiehu Beach Road, Iao Stream Bridge rehabilitation Honoapiilani Highway, Honolua Bridge replacement Kamehameha V Highway, Kawela Stream Bridge replacement, Molokai Kamehameha V Highway, Makakupaia Stream Bridge replacement, Molokai.

               Total funding                        $          

     (O)  Kauai - Kuhio Highway, Waioli, Waipa and Waikoko Stream Bridges replacement: design and construction of Waioli, Waipa and Waikoko Stream Bridges replacement on Kuhio Highway.

               Total funding                        $          

     (P)  Kauai - Bridge, rehabilitation, replacement, or seismic retrofit includes design, right-of-way, and construction for rehabilitation, replacement, and seismic retrofit of bridges at various locations.  Kuhio Highway, Kapaia Bridge replacement Kaumualii Highway, Omao Bridge rehabilitation.

               Total Funding                        $          

     (Q)  Statewide - Bridge inspection and appraisal: bridge inspection and appraisal at various bridges statewide.

               Total funding                        $          

4.   SAFETY PROGRAM - Rockfall and slope stabilization program

     (A)  Oahu - Rockfall protection (Haleiwa, Kahuku, Pali Highway):  design and construction of rockfall protection for Haleiwa, Kahuku and the Pali Highway areas.

               Total funding                        $          

     (B)  Oahu - Interstate Route H-1, School Street on-ramp retaining wall replacement:  construction of School Street on-ramp retaining wall replacement.

               Total funding                        $          

     (C)  Oahu - Kamehameha Highway, rockfall protection, vicinity of Wahiawa Town:  design and construction of rockfall protection on Kamehameha Highway in the vicinity of Wahiawa Town.

               Total funding                        $          

     (D)  Oahu - Kamehameha Highway, rockfall protection, vicinity of North Shore:  design and construction of rockfall protection on Kamehameha Highway in the vicinity of North Shore.

               Total funding                        $          

     (E)  Hawaii - Hawaii Belt Road, rockfall protection phase I and II:  construction of rockfall protection on Hawaii Belt Road.

               Total funding                        $          

     (F)  Hawaii - Hawaii Belt Road, rockfall protection at various locations:  design and construction of rockfall protection on Hawaii Belt Road at various locations.

               Total funding                        $          

     (G)  Maui - Hana Highway slope stabilization and Honoapiilani Highway rockfall protection:  plans for Hana Highway slope stabilization and Honoapiilani Highway rockfall protection.

               Total funding                        $          

     (H)  Kauai - Kuhio Highway, slope protection, vicinity of Wainiha Bay:  design and construction of Kuhio Highway slope protection in the vicinity of Wainiha Bay.

               Total funding                        $          

     (I)  Kauai - Kuhio Highway slope stabilization, vicinity of Hanalei Bridge:  construction of Kuhio Highway slope stabilization in the vicinity of Hanalei Bridge.

               Total funding                        $          

     (J)  Kauai - Kuhio Highway retaining walls at Lumahai and Wainiha:  plan, design, and construction of retaining walls at Lumahai and Wainiha.

               Total funding                        $          

     (K)  Statewide - Rockfall and slope stabilization inspection:  rockfall and slope stabilization inspection at various locations statewide.

               Total funding                        $          

5.   SAFETY PROGRAM - Shoreline protection program

     (A)  Oahu - Kamehameha Highway, shoreline protection, vicinity of Punaluu:  design and construction of shoreline protection for Punaluu area.

               Total funding                        $          

     (B)  Oahu - Kamehameha Highway realignment, Haleiwa to Waimea Bay:  design of Kamehameha Highway realignment from Haleiwa to Waimea Bay.

               Total funding                        $          

     (C)  Oahu - Kamehameha Highway, shoreline protection, vicinity of Hauula:  design and construction of Kamehameha Highway shoreline protection in the vicinity of Hauula.

               Total funding                        $          

     (D)  Oahu - Kamehameha Highway, shoreline protection, vicinity of Kaaawa:  design and construction of Kamehameha Highway shoreline protection in the vicinity of Kaaawa.

               Total funding                        $          

     (E)  Oahu - Kamehameha Highway, shoreline protection, vicinity of Kawailoa Beach:  design Kamehameha Highway shoreline protection in the vicinity of Kawailoa Beach.

               Total funding                        $          

     (F)  Hawaii - Hilo Bayfront Highway, shoreline protection: construction of shoreline protection along Hilo Bayfront Highway.

               Total funding                        $          

     (G)  Hawaii - East Hawaii, shoreline protection:  design and construction of shoreline protection along East Hawaii.

               Total funding                        $          

     (H)  Maui - Shoreline Protection (Launiupoko, Olowalu, Niaupala Fishpond, Wailua-Kumimi, Kealia Pond):  design and construction of shoreline protection in Launiupoko, Olowalu, Niaupala Fishpond, Wailua-Kumimi and Kealia Pond areas.

               Total funding                        $          

     (I)  Maui - Honoapiilani Highway, shoreline protection:  design and construction of shoreline protection along Honoapiilani Highway.

               Total funding                        $          

     (J)  Maui - Kahului Beach Road, shoreline protection:  design and construction of shoreline protection along Kahului Beach Road.

               Total funding                        $          

     (K)  Maui - North Kihei Road, shoreline protection:  design and construction of shoreline protection along North Kihei Road.

               Total funding                        $          

     (L)  Kauai - Kuhio Highway, shoreline protection, vicinity of Hanalei Bay:  construction of shoreline protection in the Hanalei Bay area.

               Total funding                        $          

     (M)  Kauai - East Kauai, shoreline protection:  design and construction of shoreline protection in East Kauai.

               Total funding                        $          

     (N)  Statewide - Shoreline inspection:  shoreline inspection at various locations statewide.

               Total funding                        $          

6.   SAFETY PROGRAM - Guardrail and shoulder improvement program

     (A)  Oahu - Guardrail and shoulder improvements:  guardrail and shoulder improvements at various locations.

               Total funding                        $          

     (B)  Hawaii - Guardrail and shoulder improvements:  guardrail and shoulder improvements at various locations.

               Total funding                        $          

     (C)  Maui - Guardrail and shoulder improvements:  guardrail and shoulder improvements at various locations.

               Total funding                        $          

     (D)  Kauai - Guardrail and shoulder improvements:  guardrail and shoulder improvements at various locations.

               Total funding                        $          

7.   SAFETY PROGRAM - Motor vehicle safety program:  motor carrier and highway safety and sign and traffic signal management.

     (A)  Statewide - Other facility improvements: plans, designs, construction, and equipment for facility improvements.

               Total funding                        $          

8.   CONGESTION PROGRAM - Capacity program

     (A)  Oahu - Kalanianaole Highway improvements, Olomana Golf Course to Waimanalo Beach Park, phase I and II Construction of improvements on Kalanianaole Highway from Olomana Golf Course to Waimanalo Beach Park.

               Total funding                        $          

     (B)  Oahu - PM contraflow from Paiwa interchange to Waiawa interchange, phase I:  design and construction of phase I of the PM contraflow lane from Paiwa interchange to Waiawa interchange.

               Total funding                        $          

     (C)  Oahu - Intersection operational improvements to reduce congestion:  design and construction of various intersection operational improvements aimed to reduce congestion at various locations.

               Total funding                        $          

     (D)  Oahu - Interstate Route H-1 corridor improvements:  plans for various H-1 corridor improvements.

               Total funding                        $          

     (E)  Oahu - Interstate Route H-1, Lunalilo Street off-/on-ramp:  design for Lunalilo Street on-ramp and off-ramp improvements.

               Total funding                        $          

     (F)  Oahu - Interstate Route H-1, Kunia interchange improvements:  plans for Kunia interchange improvements.

               Total funding                        $          

     (G)  Oahu - Fort Barrette Road widening, Farrington Highway to Barbers Point Gate:  construction for Fort Barrette Road widening from Farrington Highway to Barbers Point Gate.

               Total funding                        $          

     (H)  Oahu - Interstate Route H-1, Kapolei interchange, phase II:  construction of phase II of Kapolei interchange on H-1.

               Total funding                        $          

     (I)  Oahu - Interstate Route H-1, eastbound, Ward Avenue on-ramp to University interchange:  design of H-1 eastbound improvements from Ward Avenue on-ramp to University interchange.

               Total funding                        $          

     (J)  Oahu - Interstate Route H-1, Waiawa interchange, Westbound, Waipahu off-ramp improvements:  design of Waipahu off-ramp improvements at the Waiawa interchange westbound.

               Total funding                        $          

     (K)  Oahu - Interstate Route H-1 widening, eastbound, Waiau Interchange to Halawa interchange, phase I:  design of H‑1 widening eastbound from Waiau interchange to Halawa interchange, phase I.

               Total funding                        $          

     (L)  Oahu - PM contraflow from Keehi interchange to Waiawa interchange, phase II; design and construction of phase II of the PM contraflow lane from Keehi interchange to Waiawa interchange.

               Total funding                        $          

     (M)  Oahu - Interstate Route H-1, eastbound improvements, vicinity of Ola Lane to vicinity of Vineyard off-ramp:  construction of H-1 eastbound improvements in the vicinity of Ola Lane to Vineyard off-ramp.

               Total funding                        $          

     (N)  Oahu - Nimitz Viaduct, Keehi interchange to Pacific Street:  planning, design, right-of-way, and construction for Nimitz Viaduct from Keehi interchange to Pacific Street.

               Total funding                        $          

     (O)  Hawaii - Intersection operational improvements to reduce congestion:  construction of various intersection operational improvements aimed to reduce congestion at various locations.

               Total funding                        $          

     (P)  Hawaii - Queen Kaahumanu Highway, Keahole Airport to Kawaihae Harbor.

               Total funding                        $          

     (Q)  Hawaii - Hawaii Belt Road, Mud Lane to the Kamuela Race Track (Waimea Bypass):  right-of-way and construction for the Hawaii Belt Road from Mud Lane to the Kamuela Race Track.

               Total funding                        $          

     (R)  Hawaii - Puainako Street Widening, Kanoelehua Avenue to Komohana Street, phase I and II; design of phase I and II of Puainako Street widening from Kanoelehua Avenue to Komohana Street.

               Total funding                        $          

     (S)  Hawaii - Kealakehe Parkway Extension, Keanalehu Drive to Kealakaa Street:  design and right-of-way for Kealakehe Parkway Extension from Keanalehu Drive to Kealakaa Street.

               Total funding                        $          

     (T)  Hawaii - Keaau-Pahoa Road shoulder lane conversion, Keaau Bypass Road to Shower Drive; construction of the Keaau-Pahoa Road shoulder lane conversion from Keaau Bypass Road to Shower Drive.

               Total funding                        $          

     (U)  Hawaii - Keaau-Pahoa Road improvements, Keaau to Pahoa, phase I and II; design of phase I and II improvements of Keaau-Pahoa Road from Keaau to Pahoa.

               Total funding                        $          

     (V)  Hawaii - Kuakini Highway Widening, Henry Street to Kamehameha III Road:  design, right-of-way, and construction for Kuakini Highway widening from Henry Street to Kamehameha III Road.

               Total funding                        $          

     (W)  Hawaii - Kawaihae Road Bypass, Waimea to Kawaihae, phase I and II:  design, right-of-way, and construction for phase I and II of the Kawaihae Road Bypass from Waimea to Kawaihae.

               Total funding                        $          

     (X)  Maui - Intersection operational improvements to reduce congestion:  construction of various intersection operational improvements aimed to reduce congestion at various locations.

               Total funding                        $          

     (Y)  Maui - Kahului Airport Access Road: construction of Kahului Airport Access Road.

               Total funding                        $          

     (Z)  Maui - Paia Bypass Road Design Paia Bypass Road.

               Total funding                        $          

    (AA)   Maui - Honoapiilani Highway widening, Maalaea to Launiupoko:  design of Honoapiilani Highway widening from Maalaea to Launiupoko.

               Total funding                        $          

    (BB)   Maui - Lahaina Bypass, phase 1B1, 1B2 and 1C:  planning, design, right-of-way, and construction for various phases of the Lahaina Bypass.

               Total funding                        $          

    (CC)   Maui - Puunene Avenue widening, Wakea Avenue to Kuihelani Highway:  design, right-of-way, and construction for Puunene Avenue widening, from Wakea Avenue to Kuihelani Highway.

               Total funding                        $          

    (DD)   Maui - Hana Highway widening, Kaahumanu Ave to vicinity of Airport Access Road:  design, right-of-way, and construction for Hana Highway widening, from Kaahumanu Avenue to the vicinity of Airport Access Road.

               Total funding                        $          

    (EE)   Maui - Kihei-Upcountry Road, phase I and II:  right-of-way and construction for phase I and II of the Kihei-Upcountry Road.

               Total funding                        $          

    (FF)   Kauai - Intersection operational improvements to reduce congestion:  design, right-of-way, and construction for various intersection operational improvements aimed to reduce congestion at various locations.

               Total funding                        $          

    (GG)   Kauai - Kapule Highway Widening, Kuhio Highway to Rice Street:  plan for Kapule Highway widening from Kuhio Highway to Rice Street.

               Total funding                        $          

    (HH)   Kauai - Puhi-Hanamaulu, alternate route:  plan for Puhi‑Hanamaulu alternate route.

               Total funding                        $          

    (II)   Kauai - Kuhio Highway improvements, Hanamaulu to Kapaa, phase I:  design of Kuhio Highway improvements from Hanamaulu to Kapaa, phase I.

               Total funding                        $          

    (JJ)   Kauai - Kuhio Highway, short term improvements, Kuamoo Road to Temporary Bypass Road:  construction of short term improvements on Kuhio Highway from Kuamoo Road to the Temporary Bypass Road.

               Total funding                        $          

    (KK)   Kauai - Kaumualii Highway widening, phase I:  design, right-of-way, and construction for Kaumualii Highway widening, phase I.

               Total funding                        $          

9.   CONGESTION PROGRAM - Freeway Management System (FMS) Program, phases 1 through 4, system manager, operation/maintenance and freeway service patrol, Oahu:  design and construction for Oahu's freeway management system, which includes traveler information and incident management.

               Total funding                        $          

10.  CONGESTION PROGRAM - Traffic signal optimization program, various locations, Oahu:  synchronized traffic signal programming at various locations.

               Total funding                        $          

11.  CONGESTION PROGRAM - Bicycle program

     (A)  Oahu - Leeward Bikeway, phase I and II, Waipio Point Access Road to Lualualei Naval Road: design, right-of-way, and construction for Leeward Bikeway, phase I and II.

               Total funding                        $          

     (B)  Oahu - Kalanianaole Highway bicycle improvements, Waimanalo Beach Park to Makapuu Lookout:  construction of bicycle improvements on Kalanianaole Highway from Waimanalo Beach Park to Makapuu Lookout.

               Total funding                        $          

     (C)  Maui - Other bikeway improvements:  construction of improvements such as signage, bike pullouts, and improved shoulders.

               Total funding                        $          

     (D)  Statewide - Bicycle improvements that are incorporated in safety, congestion, and system preservation projects statewide.

               Total funding                        $          

12.  CONGESTION PROGRAM - Pedestrian program

     (A)  Pedestrian work is incorporated in safety, congestion, and system preservation projects statewide.

               Total funding                        $          

     (B)  ADA compliance projects.

               Total funding                        $          

     (C)  Pedestrian countdown timers, phase II.

               Total funding                        $          

13.  SYSTEM PRESERVATION PROGRAM - Pavement preservation

     (A)  Oahu - Pavement preservation.

               Total funding                        $          

     (B)  Hawaii - Pavement preservation.

               Total funding                        $          

     (C)  Maui - Pavement preservation.

               Total funding                        $          

     (D)  Kauai - Pavement preservation.

               Total funding                        $          

14.  SYSTEM PRESERVATION PROGRAM - Rehabilitation program

     (A)  Oahu - Interstate Route H-1, Pearl City and Waimalu Viaduct improvements, phases 1, 2, 3, and 4:  design and construction for various phases of H-1 Pearl City and Waimalu Viaduct improvements.

               Total funding                        $          

     (B)  Hawaii - Akoni Pule Highway realignment and widening at Aamakao Gulch:  right-of-way and construction of Akoni Pule Highway realignment and widening at Aamakao Gulch.

               Total funding                        $          

     (C)  Kauai - Waimea Canyon Drive/Kokee Road improvements:  design of improvements at Waimea Canyon Drive and Kokee Road.

               Total funding                        $          

15.  SYSTEM PRESERVATION PROGRAM - Drainage improvement program

     (A)  Oahu - Drainage improvements:  right-of-way and construction for drainage improvements at various locations.

               Total funding                        $          

     (B)  Hawaii - Drainage improvements:  design, right-of-way and construction for drainage improvements at various locations.

               Total funding                        $          

     (C)  Maui - Drainage improvements:  design, right-of-way and construction for drainage improvements at various locations.

               Total funding                        $          

     (D)  Kauai - Drainage improvements:  design, right-of-way and construction for drainage improvements at various locations.

               Total funding                        $          

     (E)  Statewide - Drainage improvements:  design, right-of-way and construction for drainage improvements at various locations.

               Total funding                        $          

16.  SYSTEM PRESERVATION PROGRAM - Street light pole replacement program

     (A)  Oahu - Highway lighting improvements:  lighting improvements on Interstate Route H-1, Kamehameha Highway and Moanalua Freeway.

               Total funding                        $          

17.  SYSTEM PRESERVATION PROGRAM - Destination sign replacement program

     (A)  Interstate Route H-1, H-2, H-3, and Moanalua Freeway, Destination sign upgrade/replacement, phase I and II.

               Total funding                        $          

18.  SYSTEM PRESERVATION PROGRAM - Special maintenance program:  asphalt overlays, asphalt cold planning and paving (in‑kind), and re-striping.

     (A)  Oahu - Special maintenance.

               Total funding                        $          

     (B)  Hawaii - Special maintenance.

               Total funding                        $          

     (C)  Maui - Special maintenance.

               Total funding                        $          

     (D)  Kauai - Special maintenance.

               Total funding                        $          

19.  SYSTEM PRESERVATION PROGRAM - Operations and maintenance program: pavement sealing, pothole patching, and crack filling.

     (A)  Oahu - Operations and maintenance.

               Total funding                        $          

     (B)  Hawaii - Operations and maintenance.

               Total funding                        $          

     (C)  Maui - Operations and maintenance.

               Total funding                        $          

     (D)  Kauai - Operations and maintenance.

               Total funding                        $          

20.  SYSTEM PRESERVATION PROGRAM - Landscaping program

     (A)  Oahu - Landscaping improvements:  various locations right-of-way and construction for landscaping improvements at various locations.

               Total funding                        $          

     (B)  Maui - Hana Highway/Kaahumanu Avenue beautification, Dairy Road to Naniloa Overpass.

               Total funding                        $          

21.  OTHER PROGRAMS - Highway modernization plan

     (A)  Statewide - Highway modernization plan and program management.

               Total funding                        $          

22.  OTHER PROGRAMS - Traffic counting stations

     (A)  Statewide - Traffic counting stations, various locations, phase II.

               Total funding                        $          

23.  OTHER PROGRAMS - Facility improvements

     (A)  Hawaii - District baseyard improvements.

               Total funding                        $          

     (B)  Maui - District baseyard improvements Baseyard improvements for West Maui, Lanai, and Molokai.

               Total funding                        $          

24.  OTHER PROGRAMS - Staff labor

     (A)  Statewide - Highways Division staff labor costs.

               Total funding                        $          

25.  OTHER PROGRAMS - Environmental program

     (A)  Oahu - Kamehameha Highway wetland enhancement, vicinity of Ukoa Pond.

               Total funding                        $          

     (B)  Statewide - Work to comply with EPA.

               Total funding                        $          

26.  OTHER PROGRAMS - Highway planning program

     (A)  Statewide - Highway planning program.

               Total funding                        $          

     SECTION 12.  The department of taxation may refund motor vehicle fuel taxes paid by participants in pilot programs under this Act.  The department of taxation may otherwise compensate participants in pilot programs under this Act.  Any compensation to participants in pilot programs under this Act may be administered uniformly or may be administered as a sweepstakes.  The department of taxation may terminate a pilot program at any time and may terminate participation by any person at any time.  Termination from a pilot program under this Act shall not entitle any person to additional compensation.

     SECTION 13.  The department of transportation shall provide staff and administrative services necessary for purposes of this Act.  Without regard to chapters 76 and 89, Hawaii Revised Statutes, the department may employ, fix compensation, and at its pleasure dismiss persons as it finds necessary for purposes of this Act.  Services shall include authorization to execute a master agreement with a consultant to be the overall program manager to facilitate the implementation of this effort.

     SECTION 14.  In addition to other moneys appropriated by the general appropriations Act of 2011 in fiscal year 2011-2012 for highway administration (TRN 595), highway planning, statewide, item no. C‑   , there is appropriated an additional sum of $           of highway revenue bonds, and the sum of $           of federal funds, of which $           may be designated for the execution of a master agreement with a consultant under section 13 of this Act, and the additional sum of $           of highway revenue bonds, and the sum of $           of federal funds for the vehicle miles tax pilot program under sections 2 and 3 of this Act, or so much thereof as may be necessary to carry out the purposes of this Act, including any necessary expenditures for expenses, staff, or consultants.

     The sums appropriated shall be expended by the department of transportation.  This project is deemed necessary to qualify for federal aid financing and reimbursement.

     SECTION 15.  If additional federal funds become available for land transportation infrastructure improvements under the economic stimulus plan or similar program, the department of transportation is authorized to pursue, apply, and expend federal funds on any of the programs or projects identified in section 11 notwithstanding any other law to the contrary.

     SECTION 16.  Notwithstanding any other law to the contrary, the appropriations authorized under this Act shall not lapse for a period of six years from the date of execution.

     SECTION 17.  The department of transportation shall submit an interim progress report on the status of the land transportation modernization program to the legislature not later than twenty days prior to the convening of the regular session of 2013, yearly progress reports to the legislature not later than twenty days prior to the convening of each regular session thereafter, and a final report to the legislature not later than twenty days prior to the convening of the regular session of 2018.  The department of transportation shall submit a final report on the vehicle miles traveled pilot program to the legislature not later than twenty days prior to the convening of the regular session of 2014 with findings and recommendations from the pilot program under this Act.

     SECTION 18.  In codifying this Act, the revisor of statutes shall insert the corresponding Act number of this Act in the appropriate places in section 4 of this Act.

     SECTION 19.  Statutory material to be repealed is bracketed

and stricken.  New statutory material is underscored.

     SECTION 20.  This Act shall take effect on July 1, 2011; provided that:

     (1)  The amendments made to section 36-27, Hawaii Revised Statutes, by section 5 of this Act shall not be repealed when that section is reenacted on June 30, 2015; pursuant to Act 79, Session Laws of Hawaii 2009;

     (2)  The amendments made to section 36-30, Hawaii Revised Statutes, by section 6 of this Act shall not be repealed when that section is reenacted on June 30, 2015 by pursuant to Act 79, Session Laws of Hawaii 2009; and

     (3)  The amendments made to section 243-4, Hawaii Revised Statutes, by section 7 of this Act shall not be repealed when that section is reenacted on December 31, 2012 pursuant to Act 198, Session Laws of Hawaii 2009.

 

INTRODUCED BY:

_____________________________

 

 


 


 

Report Title:

Highway Modernization Program; Taxes; Fees; Pilot Programs

 

Description:

Increases the state liquid fuel tax; state vehicle registration fee; state vehicle weight fee.  Establishes the land transportation modernization special fund.  Provides funding for a six-year comprehensive modernization program.  Establishes the vehicle miles traveled pilot program and other pilot programs to test alternatives to the state and county system of motor vehicle fuel taxes.

 

 

 

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

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