TRS_Summary2022

TRANSPORTATION (TRS) The purview of this committee includes those programs relating to air, water, and surface transportation, and transit-oriented development as it relates to transportation projects.

ZERO EMISSIONS TRANSPORTATION

Highlights

Climate change caused by carbon emissions from burning fossil fuels poses a serious threat to the economic well-being, public health, natural resources, and environment of Hawaii.

One of the goals of the Legislature and the Department of Transportation is to achieve a fully zero emissions green transportation network. An important step toward that goal is the adoption of more electric vehicles into regular use. To encourage this practice, the Legislature passed SB3158, SD2, HD1, CD1, (ACT 306) which appropriates $2,100,000 to provide a rebate program for the purchase and use of electric bicycles and electric mopeds. This incentive applies to any applicant who submits an application to the Department of Transportation within 12 months of purchasing an electric bicycle or electric moped, and approved purchases are eligible for a rebate of up to $500.

Even as interest in electric vehicles grows, the lack of publicly available charging infrastructure continues to be a significant concern which may be limiting widespread adoption. To address this, the Legislature passed SB2720, SD2, HD2, CD1, (ACT 202) which appropriates $1,000,000 for the electric vehicle charging system rebate program. This measure expands the types of charging stations eligible for rebates to encourage third-party contractors to create various types of vehicle charging stations in larger numbers. This rebate also applies to charging station upgrades to maximize the number of eligible projects and increase the number of publicly accessible charging ports.

Hawaii's geography makes it ideal for the adoption of a fully green transportation network of not only ground transportation but for sea and air transportation as well.

To further encourage zero emissions transportation on all fronts, the Legislature passed SB3311, SD2, HD2, <VETOED> which establishes both the Interisland Transportation Working Group and the Electric Vehicle Sales Growth Working Group. The Interisland Transportation Working Group will organize and coordinate with other groups, agencies, and programs in and out of the State with the primary purpose of progressing the goal of a fully green Hawaii.

The working group will also pursue grants and other monetary opportunities to fund zero emissions related projects. The Electric Vehicle Sales Growth working group will ensure that the State's electric charging infrastructure capacity is sufficient to support Hawaii's growing number of electric vehicles and they will also work on developing new incentives to further promote the adoption of electric vehicles.

COMMUNITY TRANSPORTATION SAFETY

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Pedestrian and road safety can be improved with new infrastructure but reducing dangerous elements on the road can also significantly improve the safety of Hawaii's communities. The Legislature passed SB3165, SD2, HD1, CD1, (ACT 094) to promote ignition interlock devices which are small breathalyzers for car ignitions that prevent the car from starting if the operator has recently imbibed. This measure amends the driver's license revocation period for first-time offenders convicted of operating a vehicle under the influence by allowing for longer sentences. However, if the offender installs an ignition interlock device and uses it correctly for a period of six months, early termination of the driver's license revocation is possible. This incentive encourages a more widespread adoption of ignition interlock devices which are helpful in stopping dangerous situations before they can start. With this incentive, the measure also promotes compliance by increasing the penalties for tampering with the ignition interlock device.

Excessive noise from aircrafts including helicopters can cause many different health issues, including an inability to sleep and even decrease the learning ability of children. There are federal regulations in place to prevent the noise pollution from helicopters and low-flying aircrafts from affecting communities, but SB3272, SD2, HD2, CD1, (ACT 311) passed by the Legislature gives the State more power to monitor tour aircraft operators to ensure these regulations are being properly followed. Tour aircraft operating companies must submit a monthly report to the Department of Transportation which shall be made public. This report will detail the date and time of take-off and landing as well as the flight path and any deviation from that flight path for each tour operation. Additionally, this measure establishes the Air Noise and Safety Task Force which will review the data from the monthly tour operations reports and public complaints regarding aircraft noise and safety and use that data to identify key noise and safety issues facing Hawaii communities.

Bills Passed ABANDONED VEHICLES Abandoned Vehicles; Movement Requirements; Counties.

(HB1412, HD2, SD1, CD1) (ACT 228) 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.

Abandoned Vehicles; Outstanding Charges and Fines; Registration; Transfer; Driver's License Renewal. (HB1413, HD2, SD1, CD1) (ACT 229) Allows the Director of Finance 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 Director of Finance 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.

Abandoned Vehicles; Repeat Offenders. (HB1414, HD1, SD1, CD1) (ACT 297) On July 1, 2022, imposes a tiered fine system for repeat offenders who abandon their registered vehicles.

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COMMUNITY SAFETY Child Passenger Safety; Restraint Requirements; Penalties. (SB152, HD1, CD1) (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. Exempts emergency, commercial, and mass transit vehicles from conforming to this standard. Subjects violators of these requirements to a tiered penalty system including fines and mandatory safety classes.

Intoxicated Driving; Ignition Interlock Device; Driver's License Revocation.

(SB3165, SD2, HD1, CD1) (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 on all vehicles operated by the person for a continuous period of six months 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 identification 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 or failing to provide a picture of the driver qualifies as tampering with the device and is subject to the relevant penalties.

Mobile Electric Devices; State Traffic Code. (HB1692, SD2, CD1) (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.

Online Stolen Bicycle Database; Recordkeeping; Pawnbrokers; Secondhand Dealers.

(HB1991, HD2, SD2, CD1) (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.

Tour Aircraft Noise; Reports; Air Noise and Safety Task Force. (SB3272, SD2, HD2, CD1) (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. Requires the task force to submit a preliminary report to the Legislature no later than December 1, 2023 and submit subsequent reports on December 1, 2024 and December 1, 2025.

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DRIVERS LICENSE Driver's Licenses; Expiration and Renewal; Senior Drivers. (SB2679, SD2, HD2, CD1) (ACT 159) 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, HD1, SD2, CD1) (ACT 295) Authorizes the issuance of limited purpose identification 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.

Mopeds; Driver's License. (SB2118, SD1, HD2, CD1) (ACT 085) Clarifies that a moped driver must always be in immediate possession of a valid driver's license or instruction permit.

ELECTRIC VEHICLES Electric Bicycles and Electric Moped Rebate Program. (SB3158, SD2, HD1, CD1) (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 Vehicle Charging Stations; Rebates.

(SB2720, SD2, HD2, CD1) (ACT 202) Beginning 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 $500,000 cap on the electric vehicle charging station rebate program. Allows for greater flexibility of the Public Utilities Commission 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 $1,000,000 out of the electric vehicle charging system subaccount within the Public Utilities Commission Special Fund for the electric vehicle charging system rebate program.

Zero Emissions Transportation Goals; Interisland Transportation Working Group; Electrical Sales Growth Working Group. (SB3311, SD2, HD2) <VETOED> Establishes long-term zero emissions transportation goals in the Department 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.

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.

Shipping Industry Taxation; General Excise Tax Exemption. (SB2475, SD2, HD1, CD1) (ACT 080) Exempts amounts received or accrued for stevedoring services and wharfage, and demurrage charges under the general excise tax law.

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INFRASTRUCTURE MAINTENANCE Emergency Transportation Appropriation; Special Maintenance Program. (SB3152, SD1, HD1) (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.

Photo Red Light Imaging Detector Systems Program. (HB2336, HD2, SD2, CD1) (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, SLH 2020, to account for the current timetable of the Photo Red Light Imaging Detector Systems Program.

PEER-TO-PEER CAR SHARING PROGRAMS Peer-to-Peer Car-Sharing Insurance. (HB1619, HD2, SD2, CD1) (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.

Peer-to-Peer Car Sharing; Regulation; Taxation. (HB1971, HD2, SD1, CD1) (ACT 077) Effective July 1, 2022, authorizes and regulates peer-to-peer car-sharing programs. Establishes general excise tax and rental motor vehicle surcharge tax on peer-to-peer car-sharing programs.

Requires those who engage in peer-to-peer car-sharing to register with the Department of Taxation.

Transportation Network Companies; Regulation; Insurance. (HB1681, HD2, SD1) (ACT 057) Effective January 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.

VEHICLE REGISTRATION U-Drive Motor Vehicles; Registration of Vehicles; Tourism-Related Traffic Congestion; Abandoned Vehicles. (HB1688, HD1, SD1, CD1) (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.

Vehicle Registration Transfer; Signature. (HB1411, HD2, SD1) (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 information on the certificate of ownership. Imposes a fine on any person who provides false or fraudulent information.

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OTHER ISSUES Environmental Planning; Construction Projects; Carbon Concrete Standards.

(SB2295, SD2, HD2, CD1) (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 and 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 Transportation determines that an exemption is necessary.

Motor Carrier Safety Law; Farm Vehicles; Exemptions. (SB1211, SD2, HD1, CD1) (ACT 299) Repeals the exemption for certain vehicles used by farmers from the motor carrier safety law.

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.

Alternate Emergency Access Routes; Hanalei to Haena. (SR50, SD1) Requests that the Department of Transportation convene a task force to conduct a feasibility study of alternate emergency access routes for the Hanalei to Haena communities. Requests the Department of Transportation to submit a report to the Legislature prior to the Regular Session 2023.

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.

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.

Lanikai Bikeway. (SCR138, SD1, HD1; SR122, SD1) 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.

Metropolitan Planning Organization; County of Hawaii. (SR159, SD1) Urges the Department of Transportation 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 Page 122

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organization. Urges the Department of Transportation 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.

Metropolitan Planning Organizations; Federal Funding; Transportation Goals; Annual Briefings.

(SR86, SD1) 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.

Mokulele Bike Path. (SR127) Urges the Department of Transportation 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, SD1) Requests the Department of Transportation 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 the Department of Transportation create a proposed list of pedestrian safety related projects and prioritize them while considering state-wide implementation and implementation in currently ongoing transportation projects. Requests the Department of Transportation to submit a report to the Legislature prior to the Regular Session of 2023.

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. Requests that the task force submit a preliminary report to the Legislature prior to the Regular Session of 2023.

Safe Routes to School; Advisory Group; Strategic Plan. (SR126, SD1) 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.

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.

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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, SD1) 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 Legislature no later than December 1, 2022 and a final report no later than December 1, 2023.

Waianae Coast Traffic; Maipalaoa Bridge. (HCR156; SR121) 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.

Waterborne Cargo; Working Group; Committees; Subsidies. (SR128, SD1) 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.

Zero Emissions Interisland Travel. (SR129) 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 and the Department of Transportation accelerate efforts to assist with developing and deploying zero emissions interisland transportation. Requests the Department of Business, Economic Development and Tourism, Department of Transportation, 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.

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