REPORT TITLE: Highway design DESCRIPTION: Directs DOT to establish new design guidelines to govern new construction, reconstruction, resurfacing, restoration, or rehabilitation of bridges, principal and minor arterial roads, collector and local roads, and streets. (SB2301 HD2) 3201 THE SENATE S.B. NO. S.D. 1 TWENTIETH LEGISLATURE, 2000 H.D. 2 STATE OF HAWAII ________________________________________________________________ ________________________________________________________________ A BILL FOR AN ACT RELATING TO A SCENIC HIGHWAYS SYSTEM. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII: 1 SECTION 1. Hawaii's rural communities are the heart and 2 soul of the islands, where the aloha spirit and natural resources 3 are truly the essence of our State. As urbanization spreads 4 throughout Hawaii, these communities are at risk of losing their 5 unique identities, especially when planning for roadway 6 construction that must meet certain highway standards. The 7 standards that most highway designers reference are based on "A 8 Policy on the Geometric Designs of Highways and Streets" 9 (commonly called the "Green Book") published by the American 10 Association of State Highway and Transportation Officials. These 11 standards are not inflexible. As a companion to the Green Book, 12 the Federal Highway Administration has published "Flexibility in 13 Highway Design," which encourages highway designers to expand 14 their consideration in applying the Green Book criteria. It 15 further states, "This guide should be viewed as a useful tool to 16 help highway designers, environmentalists, and the public move 17 further along the path to sensitively designed highways and 18 streets by identifying some possible approaches that fully Page 2 3201 S.B. NO. S.D. 1 H.D. 2 1 consider aesthetic, historic, and scenic values, along with 2 safety and mobility." 3 When Congress passed the Intermodal Surface Transportation 4 Efficiency Act (ISTEA) in 1991, it recognized the importance of 5 good design that is sensitive to its surrounding environment, 6 especially in historic and scenic areas. Aesthetic, scenic, 7 historic, cultural, and natural resources of an area are 8 important factors that create a sense of place and provide 9 communities with an identity. Section 1016(a) of ISTEA states: 10 "If a proposed project involves a historic facility or is located 11 in an area of historic or scenic value, the Secretary may approve 12 the project if the project is designed to allow for the 13 preservation of such historic or scenic value and such project is 14 designed with mitigation measures to allow preservation of such 15 value and ensure safe use of the facility." 16 In 1995, Congress strengthened this position in the National 17 Highway System Act in section 304 that states: "A design for new 18 construction, reconstruction, resurfacing (except for maintenance 19 surfacing), restoration, or rehabilitation of a highway on the 20 National Highway System (other than a highway also on the 21 Interstate System) may take into account, in addition to safety, 22 durability, and economy of maintenance: Page 3 3201 S.B. NO. S.D. 1 H.D. 2 1 (1) The constructed and natural environment of the area; 2 (2) The environmental, scenic, aesthetic, historic, 3 community, and preservation impacts of the activity; 4 and 5 (3) Access for the other modes of transportation." 6 By passage of the federal act, Congress gave the state the 7 flexibility to develop and apply criteria they deem appropriate 8 for federal-aid projects not on the national Highway System. The 9 legislature finds that there is a federal policy framework that 10 encourages creativity and sensitivity, while achieving safety and 11 efficiency. This policy framework recommends early 12 identification of critical project issues and encourages thorough 13 consideration of community concerns and input prior to major 14 decisions that can severely limit all other options. 15 The legislature finds that organizations such as the 16 Alliance for the Heritage of East Maui, the Hanalei Road 17 Committee on Kauai, and the Hamakua-Honokaa Heritage Corridor on 18 the Big Island, are exploring and supporting concepts such as 19 scenic byway or heritage corridor programs. Work is also in 20 progress to recognize the upper Kona road on the Big Island and 21 Ka Iwi coastal highway stretch on Oahu as important scenic and 22 historic corridors. These organizations, which represent their 23 communities' desires, need alternative design guidelines to be Page 4 3201 S.B. NO. S.D. 1 H.D. 2 1 adopted by the department of transportation to provide and meet 2 community concerns with regard to natural, cultural, historic, 3 and scenic resources. 4 It is the intent of the legislature to encourage the highest 5 quality design to ensure that road and bridge projects adequately 6 meet the State's transportation needs, exist in harmony with 7 their surroundings, and add value to the communities they serve. 8 SECTION 2. (a) On or before June 30, 2003, the director of 9 transportation shall establish new design guidelines to govern 10 new construction, reconstruction, resurfacing, restoration, or 11 rehabilitation of bridges, principal and minor arterial roads, 12 collector and local roads, and streets. The guidelines shall 13 take into account: 14 (1) Safety, durability, and economy of maintenance; 15 (2) The constructed and natural environment of the area; 16 (3) The potential effects on the local and state economies; 17 (4) The community development plans as reflected in 18 relevant county ordinances; 19 (5) The environmental, scenic, aesthetic, historic, 20 community, and preservation impacts of the activity; 21 (6) Access for other modes of transportation; and Page 5 3201 S.B. NO. S.D. 1 H.D. 2 1 (7) Access to and integration of sites deemed culturally 2 and historically significant to the communities 3 affected. 4 (b) In establishing the guidelines described under this 5 section, the director shall solicit and consider the views of 6 elected officials and organizations, including but not limited 7 to: 8 (1) Those with expertise in: 9 (A) Environmental protection; 10 (B) Historic preservation; 11 (C) Scenic conservation; 12 (D) Bicycle and pedestrian transportation; and 13 (E) Regional councils of government; 14 (2) Rural development councils; 15 (3) The state foundation on culture an the arts commission; 16 and 17 (4) The Federal Highway Administration. 18 SECTION 3. This Act shall take effect upon its approval.