Waiʻanae Nānākuli Maili Ko Olina Honokai Hale Kapolei Kalaeloa SENATOR MAILE SHIMABUKURO 2022 HAWAII STATE LEGISLATURE AUGUST 2022 JOIN OUR MAILOUT LIST BY EMAILING SenatorMaile@gmail.com
~ Senator Maile BILLS PASSED 2022 Legislative Accomplishments of the Senate
ABANDONED VEHICLES
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COMMUNITY SAFETY Child Passenger Safety; Restraint Requirements; Penalties. (SB152) (ACT 122)
Requires children under two years of age to be properly restrained in a rear facing child passenger restraint system with a harness when in a motor vehicle. Requires children between two and four years of age to be properly restrained in a forward or rear facing child passenger restraint system with a harness. Allows children between four and ten years old to be in a booster seat instead of a child passenger restraint system with a harness. Exempts children between seven and ten years old from this requirement if the child is over four feet and nine inches in height.
Abandoned Vehicles; Outstanding Charges and Fines; Registration; Transfer; Driver's License Renewal. (HB1413) (ACT 229) Allows the Director of Finance (DoF) of a county to require payment from the registered owner of an abandoned vehicle to fund the disposal of the vehicle. Requires the Director of Finance of a county to deny issuance of a certificate of registration and prohibit transfer of ownership of an abandoned vehicle whose registered owner has outstanding charges and fines relating to the disposition of the abandoned vehicle. Requires the DoF of a county to notify the appropriate county examiner of drivers regarding individuals who have outstanding charges and fines owed to the county relating to their abandoned vehicle for the purposes of suspending, revoking, or prohibiting the renewal of their driver's license.
Mobile Electric Devices; State Traffic Code. (HB1692) (ACT 083) Beginning July 1, 2022, increases the fines for using a mobile electronic device while operating a motor vehicle to $300 and increases the fine for using a mobile electric device while operating a motor vehicle while in a school zone or construction area to $400.
Requires counties to clarify a minimum distance a vehicle must be moved within a specified timeframe after a vehicle is initially inspected for abandonment to avoid an official classification of abandonment.
As an active member of the Senate Transportation Committee, I wanted to provide this of Session report on behalf of each of its hard working committee members. Transportation
Abandoned Vehicles; Repeat Offenders. (HB1414) (ACT 297) On July 1, 2022, imposes a tiered fine system for repeat offenders who abandon their registered vehicles.
Committee
Abandoned Vehicles; Movement Requirements; Counties. (HB1412) (ACT 228)
Senate Transportation Committee End-of-Session Report 2022 Page 2 of 7
Beginning January 1, 2023, extends the renewal period for driver's licenses from two to four years for persons 72 80 years of age, provided that the driver does not have a physical condition or a condition that a driving examiner reasonably believes may impair the driver's ability to drive.
Limited Purpose Identification Cards. (HB1761) (ACT 295) Authorizes the issuance of limited purpose ID cards for individuals who would qualify for government issued identification but are unable or refuse to provide satisfactory proof of authorized presence in the United States under federal law.
DRIVERS LICENSE
Mopeds; Driver's License. (SB2118) (ACT 085) Clarifies that a moped driver must always be in immediate possession of a valid driver's license or instruction permit.
Online Stolen Bicycle Database; Recordkeeping; Pawnbrokers; Secondhand Dealers. (HB1991) (ACT 108) Requires the police department in counties with a population of 500,000 or more to establish a publicly available online stolen bicycle database. Prohibits, in counties with a population of five hundred thousand or more, the sale of a bicycle that is reported as stolen and listed on a publicly available online stolen bicycle database. Requires specific recordkeeping for certain businesses that buy previously owned articles and submission of such records to the county police department upon request by the Chief of Police.
Driver's Licenses; Expiration and Renewal; Senior Drivers. (SB2679) (ACT 159)
Intoxicated Driving; Ignition Interlock Device; Driver's License Revocation. (SB3165) (ACT 094) Amends the driver's license revocation period for first time offenders convicted of operating a vehicle under the influence of an intoxicant. Allows certain persons who install an ignition interlock device to file a motion to reduce the license revocation period. Requires any person operating a vehicle with an ignition interlock device to have government issued ID on their immediate person. Amends the lookback period and sentencing requirements from five to ten years for violations of operating a vehicle after license and privilege have been suspended or revoked. Clarifies that obscuring the camera lens on an ignition interlock device qualifies as tampering with the device and is subject to the relevant penalties.
Tour Aircraft Noise; Reports; Air Noise and Safety Task Force. (SB3272) (ACT 311) Requires tour aircraft operators and tour aircraft operator companies to submit monthly written reports to the Department of Transportation which detail flight dates, times, number of passengers, flight path, and any deviation from that flight path. Establishes the Air Noise and Safety Task Force in the Office of Planning and Sustainable Development to collect and review tour aircraft operation reports, collect and review public complaints, identify key noise and safety issues, and make recommendations.
Electric Vehicle Charging Stations; Rebates. (SB2720) (ACT 202) On June 30, 2022, expands the electric vehicle charging system rebate program to include stations and certain upgrades with one, rather than two or more ports. Removes the $500K cap on the electric vehicle charging station rebate program. Allows for greater flexibility of the Public Utilities Commission (PUC) to administer the electric vehicle charging station rebate program. Allows for marketing and outreach expenses to be included in the administrative costs of the electric vehicle charging station rebate program. Appropriates $1M out of the electric vehicle charging system subaccount within the PUC Special Fund for the electric vehicle charging system rebate program.
Emergency Transportation Appropriation; Special Maintenance Program. (SB3152) (ACT 020) Makes an emergency appropriation of $20,000,000 out of the State Highway Fund to the Department of Transportation to provide funding for the Highways Division's special maintenance program.
Senate Transportation Committee End-of-Session Report 2022 Page 3 of 7
HARBORS AND SHIPPING Harbors; Obsolete Provisions; Hawaii Revised Statutes. (HB2180) (ACT 006) Repeals obsolete and unnecessary provisions regarding the Kewalo basin use permit and the fire boat which has been retired.
INFRASTRUCTURE MAINTENANCE
Electric Bicycles and Electric Moped Rebate Program. (SB3158) (ACT 306) Establishes a rebate program for the purchase and use of electric bicycles and electric mopeds. Establishes the electric bicycle and electric moped subaccount in the Highway Development Special Fund for the purpose of funding the rebate program.
ELECTRIC VEHICLES
Photo Red Light Imaging Detector Systems Program. (HB2336) (ACT 124) Clarifies statutory provisions to better reflect the legislative intent of the Photo Red Light Imaging Detector Systems Program. Clarifies procedures regarding answering, court hearings, and court actions relating to a summons or citation issued pursuant to the Photo Red Light Imaging Detector Systems Program. Amends Act 30, Session Laws of Hawaii 2020, to account for the current timetable of the Photo Red Light Imaging Detector Systems Program.
Zero Emissions Transportation Goals; Interisland Transportation Working Group; Electrical Sales Growth Working Group. (SB3311) <VETOED> Establishes long term zero emissions transportation goals in the Dept. of Transportation. Establishes an Interisland Transportation Working Group to develop plans and recommendations for achieving zero emissions interisland transportation. Establishes an Electric Vehicle Sales Growth Working Group to ensure support for the growing use of electric vehicles in the State.
Shipping Industry Taxation; General Excise Tax Exemption. (SB2475) (ACT 080) Exempts amounts received or accrued for stevedoring services and wharfage, and demurrage charges under the general excise tax law.
Motor Carrier Safety Law; Farm Vehicles; Repeal of Exemptions. (SB1211) (ACT 299) Repeals exemption for certaom vehicles used by farmers from motor carrier safety law.
Peer-to-Peer Car-Sharing Insurance. (HB1619) (ACT 056) Beginning January 1, 2023, establishes peer to peer car sharing insurance requirements. Requires the Insurance Commissioner to submit a report to the Legislature regarding the implementation of these requirements prior to the Regular Session of 2025. Sunsets June 30, 2025.
Transportation Network Companies; Regulation; Insurance. (HB1681) (ACT 057) Effective Jan. 1, 2023, establishes statewide regulation of transportation network companies to provide operational consistency across the State. Establishes permitting procedures for transportation network companies. Makes permanent, insurance requirements for transportation network companies and transportation network company drivers.
Peer to Peer Car Sharing; Regulation; Taxation. (HB1971) (ACT 077)
PEER-TO-PEER CAR SHARING PROGRAMS
Vehicle Registration Transfer; Signature. (HB1411) (ACT 227) Beginning July 1, 2023, requires that the transferee's and transferor's address be provided on the certificate of ownership when the title to a motor vehicle is transferred. Clarifies that the signature of the parties each serve as an attestation to the validity of the info on the certificate of ownership. Imposes a fine on any person who provides false or fraudulent information.
Establishes general excise tax and rental motor vehicle surcharge tax on peer to peer (P2P) car sharing programs. Requires those who engage in P2P car sharing to register with the Department of Taxation.
Senate Transportation Committee End-of-Session Report 2022 Page 4 of 7
VEHICLE REGISTRATION
U-Drive Motor Vehicles; Registration of Vehicles; Tourism-Related Traffic Congestion; Abandoned Vehicles. (HB1688) (ACT 298) Beginning January 1, 2023, standardizes U drive motor vehicles with the same motor vehicle registration fees as other motor vehicles. Authorizes counties to use registration fees to mitigate and address the impacts of tourism related traffic congestion and abandoned vehicles.
Effective July 1, 2022, authorizes and regulates peer to peer car sharing programs.
OTHER ISSUES
Environmental Planning; Construction Projects; Carbon Concrete Standards. (SB2295) (ACT 299) Beginning July 1, 2022, requires the Dept of Transportation (DOT) to plan for sea level rise based upon the most recent science estimates, and recommendations available from the Hawaii Climate Change Mitigation & Adaptation Commission in all future or amended transportation projects. Requires all DOT highway, harbor, and airport projects to conform to carbon concrete standards dated July 10, 2020, unless the Director of DOT determines that an exemption is necessary.
Auditor; Drivers Education Program; Performance Audit. (HCR125) Requests the Auditor to conduct a performance audit of the Driver Education Program administered by the Departments of Transportation and Education. Requests the Auditor to examine the administration, policies, procedures, and the backlog of driver's education opportunities and prospective programs for the Driver Education Program. Requests the Auditor to submit a report to the Legislature prior to the Regular Session of 2023.
Lanikai Bikeway. (SCR138, SR122) Urges the City and County of Honolulu to celebrate the fiftieth anniversary of the Lanikai Bikeway and recognize the efforts of Ted Rodgers and Cynthia Thielen who led the efforts to establish it.
Hana Highway; Maintenance; Management Plan. (HCR29) Encourages the Department of Transportation to work with the County of Maui, Hana Highway Regulation civil volunteer group, and large landowners whose properties are accessible from Hana Highway to develop a holistic management plan that will ensure Hana Highway is properly maintained and is safe for use by residents and visitors.
RESOLUTIONS ADOPTED Airport Thermal Screening Equipment Repurposing. (SCR193; SR186) Requests the Department of Transportation Airports Division to develop a preliminary draft of a thermal screening and tracing camera repurpose plan for its five major airports. Requests the Department of Transportation Airports Division to submit the preliminary draft to the Legislature no later than July 1, 2022.
Metropolitan Planning Organizations; Federal Funding; Transportation Goals; Annual Briefings. (SR86) Requests the Department of Transportation to increase local funding for Metropolitan Planning Organizations in order to pursue additional discretionary funding opportunities resulting from the new Federal Bipartisan Infrastructure Law. Requests the Oahu Metropolitan Planning Organization to submit annual briefings to the Legislature on how projects in the Oahu regional transportation plan accomplish state transportation goals.
Alternate Emergency Access Routes; Hanalei to Haena. (SR50) Requests that the Department of Transportation (DOT) convene a task force to conduct a feasibility study of alternate emergency access routes for the Hanalei to Haena communities. Requests DOT to submit a report to the Legislature prior to the Regular Session 2023.
Metropolitan Planning Organization; County of Hawaii. (SR159) Urges the Department of Transportation (DOT) to convene an Intergovernmental Task Force to recommend policy and provide guidance to assist the County of Hawaii to establish and form a metropolitan planning organization or a regional transportation planning organization should the County of Hawaii not meet the population threshold for the formalization of a metropolitan planning organization. Urges the DOT to provide the task force with a list of highway projects to be executed within the next four years from the State Transportation Improvement Program. Requests the Intergovernmental Task Force to submit a report to the Legislature prior to the Regular Session of 2023.
Senate Transportation Committee End-of-Session Report 2022 Page 5 of 7
Renaming Streets; Task Force; Feasibility. (SR96) Requests that a task force be formed to examine the feasibility of renaming streets. Requests that the street name changes should be based on if the current street name has a history related to slavery, gender or racialized violence, the overthrow of a legitimate government, the suppression of the Hawaiian language, or other problematic events. Report to 2023 Legislature Safe Routes to School; Advisory Group; Strategic Plan. (SR126) Urges the government of Hawaii to establish a Safe Routes to School Advisory Group to develop a comprehensive statewide safe routes to school strategic plan. Requests the Advisory Group to advise the State on strategies to ensure that all children in the State are able to safely and comfortably bike, walk, roll, or bus to school. Requests that the Safe Routes to School Advisory Group submit a preliminary report to the Legislature no later than December 1, 2022 and a final report no later than December 1, 2023. Requests that the advisory group dissolve on June 30, 2024.
Senate Transportation Committee End-of-Session Report 2022 Page 6 of 7
Tax Map Key Parcels; City and County of Honolulu; Parking and Community Needs. (HCR93) Requests the City and County of Honolulu to purchase identified tax map key parcels for additional parking and other community needs as deemed necessary by the City and County of Honolulu.
Transportation Costs; Task Force. (SR132) Requests that a task force be convened to determine how the Department of Transportation can decrease the cost of transportation. Requests that the task force evaluate modern best practices for successful transit, evaluate relevant studies, and evaluate current Department of Transportation priorities. Requests that the task force submit an initial report to the 2023 Legislature
Sidewalk Maintenance; Working Group; City and County of Honolulu. (HCR182) Requests the City and County of Honolulu to convene a working group to develop recommendations to improve sidewalk maintenance. Requests the working group to submit a report to the Legislature prior to the Regular Session of 2023. Requests that the report include a detailed summary of the City and County of Honolulu's existing policies and procedures for maintenance, the median amount of time spent during 2020 2021 to repair sidewalks, and recommendations on how to improve the efficiency of sidewalk repairs and recommendations on how to improve communication with the public on issues of sidewalk safety.
Mokulele Bike Path. (SR127) Urges the Department of Transportation (DOT) to name the Mokulele Bike Path after former State Representative Joseph "Joey" W. Bertram III in recognition and celebration of his life and role in the development of the Maui Veterans Highway bike route. Pedestrian Safe Routes; Senior Citizens. (SR120) Requests the Department of Transportation (DOT) to create pedestrian safe routes and pathways that lead to and from places of residence in such a manner that adheres to the unique needs of the senior citizen population. Requests that DOT create a proposed list of pedestrian safety related projects and prioritize them while considering state wide implementation and implementation in currently ongoing transportation projects. Report to 2023 Legislature
Zero Emissions Interisland Travel. (SR129)
Senate
Waterborne Cargo; Working Group; Committees; Subsidies. (SR128)
Requests the Department of Transportation to take all necessary steps to expedite work on the Maipalaoa Bridge in Maili, Oahu. Requests the Department of Transportation and the City and County of Honolulu Department of Transportation Services to work to expedite the connection of all vital traffic signals on the Waianae Coast to the Joint Traffic Management Center. Requests the Department of Transportation to allocate additional resources to the Waianae Coast to maintain, repair, and secure traffic signals and sensors in a timely fashion. Requests the opening of the Waianae Coast Emergency Access Road System on a permanent basis to help mitigate traffic.
Urges the State of Hawaii to strongly encourage the development and deployment of zero emissions interisland transportation. Requests that the Department of Business, Economic Development, and Tourism (DBEDT) and the Department of Transportation (DOT) accelerate efforts to assist with developing and deploying zero emissions interisland transportation. Requests the DBEDT, DOT, Department of Land and Natural Resources, and other relevant departments to plan to identify and incorporate necessities for zero emissions interisland transportation such as charging facilities, docks, and other compatible infrastructure.
<End of List> GOVERNOR’S OFFICE List of Intent to VETO https://bit.ly/Veto Intent 2022 ORIGINAL ACTIVITY REPORT Hawaii State https://bit.ly/LEG_Report2022Legislature SUMMARY ACTIVITY REPORT Senate Transportation Committee https://bit.ly/TRS Summary2022 JOIN OUR MAILOUT LIST BY EMAILING SenatorMaile@gmail.com
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Transportation Committee End-of-Session Report 2022 Page 7 of 7
Requests that the Department of Transportation convene a working group with appropriate committees to recommend the creation of state and county subsidies for the transport of waterborne cargo consistent with the finding and recommendations of the Water Carriers Working Group's final report and recommendations on seeking broad federal funding. Requests that the working group work and consult with the Senate and House of Representatives to establish a waterborne cargo subsidies program. Requests that the working group submit an interim report to the Legislature prior to the Regular Session of 2023 and a final report prior to the Regular Session 2024. Requests the Department of Transportation to convene a committee to continue working and consulting with the United States Department of Transportation Maritime Administration in the seeking of federal waterborne cargo funding.
Waianae Coast Traffic; Maipalaoa Bridge. (HCR156; SR121)