HB491.DOC

SECTION 1. The legislature finds that policies that make it safer and easier for students to walk to school provide many public benefits including reduced traffic congestion and carbon dioxide emissions from reduced vehicular use, increased opportunities for healthy exercise, and increased sense of community. These benefits are acknowledged by the federal, state, and county safe routes to school programs, which, among other things, strive to make walking to school a safer, more routine activity.

However, across the State, many sidewalks in school zones and other areas of significant school-related pedestrian traffic are unsafe because of aging and a lack of proper maintenance and repair. These sidewalks may have trip hazards, including vertical and horizontal separation, vegetative growth encroachments, and other sidewalk obstructions. It is imperative that across the State, maintenance and repair of these sidewalks be fast-tracked to make them safe for routine use by students and other school-related pedestrian traffic throughout the State. Fast-tracking should apply regardless of whether a sidewalk falls under county or state jurisdiction or whether a sidewalk should have been, but has not been dedicated to the county.

The legislature further finds that each county administers a sidewalk maintenance program. Moreover, where ownership of a particular highway and its appurtenant sidewalks is disputed between the State and county, the county is authorized to maintain and repair the disputed highway and its appurtenant sidewalks. Furthermore, county ordinances typically make a county responsible to investigate sidewalk damage concerns and enforce the repairs of sidewalks when damage is attributable to the abutting property owners.

The purpose of this Act is to establish and fund a two-year pilot school sidewalk maintenance and repair program in each county. The pilot program shall require each county to fast-track the maintenance and repair of sidewalks in school zones or other areas of significant school-related pedestrian traffic to make these sidewalks safe for routine use, particularly for students and other school-related pedestrian traffic.

SECTION 2. There is established a pilot school sidewalk maintenance and repair program in the city and county of Honolulu, county of Hawaii, county of Maui, and county of Kauai, and which shall be in coordination with the department of transportation. Under the pilot program, each county shall fast-track the maintenance and repair of sidewalks in school zones or other areas of significant school-related pedestrian traffic to make them safe for routine use and with priority given to maintaining and repairing sidewalks that pose the greatest safety concerns. The pilot school sidewalk maintenance and repair program shall cease on June 30, 2019.

As used in this Act:

"Sidewalk" means that portion of a street between the curb lines, or the lateral lines of a roadway, and the adjacent property lines, intended for use of pedestrians.

"School zone" means every street and all public property in the vicinity of a school as designated by the department of transportation and the respective counties.

SECTION 3. Each county shall submit a report on the progress made and plans for the maintenance and repair of sidewalks in school zones or other areas of significant school- related pedestrian traffic in its jurisdiction, as required by this Act, to the legislature at least twenty days prior to the convening of the regular sessions of 2018 and 2019. The report shall include:

(1) The location, remedial action taken, and costs of repairs of sidewalks that have been repaired;

(2) The location, remedial action taken, the estimated cost of repairs, and a timeline for the remedial action for all sidewalks to be repaired; and

(3) Findings and recommendations, including proposed legislation, for the maintenance and repair of sidewalks to meet the objectives of this Act.

SECTION 4. There is appropriated out of the general revenues of the State of Hawaii the sum of $ or so much thereof as may be necessary for fiscal year 2017-2018 and the same sum or so much thereof as may be necessary for fiscal year 2018-2019 for the pilot school sidewalk maintenance and repair program to assist the counties in maintaining and repairing sidewalks in school zones and other areas of significant school-related pedestrian traffic pursuant to this Act. The following sums shall be allocated to each county as follows:

(1) City and county of Honolulu $

(2) Hawaii county $

(3) Maui county $

(4) Kauai county $

SECTION 5. The sums appropriated to each county shall be expended by the respective county for the purposes of this Act.

SECTION 6. The sums appropriated shall constitute the State's share of the county mandates under the pilot school sidewalk maintenance and repair program pursuant to article VIII, section 5, of the state constitution.

SECTION 6. This Act shall take effect on July 1, 2017, and shall be repealed on June 30, 2019.

INTRODUCED BY:	_____________________________

HOUSE OF REPRESENTATIVES	H.B. NO.	491
TWENTY-NINTH LEGISLATURE, 2017
STATE OF HAWAII