HOUSE OF REPRESENTATIVES

H.B. NO.

315

THIRTY-SECOND LEGISLATURE, 2023

H.D. 1

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

RELATING TO FLOODING.

 

 

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

 

     SECTION 1.  The legislature finds that a number of roads that are accessible to the public are privately owned.  Many of these roads are in older communities, have not been improved in years, and are in dire need of upgrades.  During heavy rains and periods of king tides, these roads are often flooded.  The floods result in significant economic damage to surrounding residences and businesses.  The legislature also finds that the counties are often reluctant to make or provide funding for improvements to these roads, as the counties believe that assuming those responsibilities will result in county liability for accidents or torts that may subsequently occur on those roads.

     The legislature further finds that these private roads are often heavily used by first responders to respond to emergencies and by school buses for the transportation of students to and from school.  Accordingly, the legislature finds supporting the maintenance and upkeep of these private roads is in the public interest.

     The purpose of this Act is to:

     (1)  Appropriate moneys as grants-in-aid to the several counties for the mitigation of flood risks on privately-owned roads; and

     (2)  Provide that the appropriation or expenditure of moneys pursuant to the Act shall not be construed to establish a duty of care or grounds for liability for the State or the several counties.

     SECTION 2.  The appropriation or expenditure of moneys pursuant to the Act shall not be construed to establish a duty of care or grounds for liability for the State or the several counties.

     SECTION 3.  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 2023-2024 and the same sum or so much thereof as may be necessary for fiscal year 2024-2025 as a grant-in-aid for the mitigation of flood risks on privately-owned roads that are open to public traffic within the island of Oahu.

     The sums appropriated shall be expended by the city and county of Honolulu for the purposes 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 2023-2024 and the same sum or so much thereof as may be necessary for fiscal year 2024-2025 as a grant-in-aid for the mitigation of flood risks on privately-owned roads that are open to public traffic within the island of Hawaii.

     The sums appropriated shall be expended by the county of Hawaii for the purposes of this Act.

     SECTION 5.  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 2023-2024 and the same sum or so much thereof as may be necessary for fiscal year 2024-2025 as a grant-in-aid for the mitigation of flood risks on privately-owned roads that are open to public traffic within the islands of Maui, Molokai, and Lanai.

     The sums appropriated shall be expended by the county of Maui for the purposes of this Act.

     SECTION 6.  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 2023-2024 and the same sum or so much thereof as may be necessary for fiscal year 2024-2025 as a grant-in-aid for the mitigation of flood risks on privately-owned roads that are open to public traffic within the island of Kauai.

     The sums appropriated shall be expended by the county of Kauai for the purposes of this Act.

     SECTION 7.  This Act shall take effect on July 1, 3000.

 

 

 

Report Title:

Private Roads; Flood Risk Mitigation; Liability; Appropriations

 

Description:

Appropriates moneys as grants-in-aid to the several counties for the mitigation of flood risks on privately-owned roads.  Provides that the appropriation or expenditure of moneys pursuant to the Act shall not be construed to establish a duty of care or grounds for liability for the State or the several counties.  Effective 7/1/3000.  (HD1)

 

 

 

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