SECTION 1. Act 54, Session Laws of Hawaii 2009, enacted the complete streets law, codified as section 264-20.5, Hawaii Revised Statutes, to require the department of transportation and the county transportation departments to adopt a complete streets policy that seeks to reasonably accommodate convenient access and mobility for all users of the public highways within their respective jurisdictions, including pedestrians, bicyclists, transit users, motorists, and persons of all ages and abilities.

The legislature finds that clarification of the complete streets policy is necessary to assure its proper implementation and ensure its effectiveness as intended.

The purpose of this Act is to:

(1) Require the state department of transportation to submit an annual report to the legislature detailing compliance with complete streets policy and principles;

(2) Require the state department of transportation to establish and publish performance standards with measurable benchmarks reflecting the capacity for all users to travel safely and conveniently along state roadways;

(3) Require that the complete street policies of the State apply to new construction, reconstruction, repaving, operations, and maintenance activities;

(4) Require the state department of transportation to create a complete streets policy checklist for each project and post the checklist on its website; and

(5) Require the counties to consider complete street policies when adopting or amending land use ordinances.

SECTION 2. Section 264-20.5, Hawaii Revised Statutes, is amended to read as follows:

"[[]§264-20.5[]] Complete streets. (a) The department of transportation and the county transportation departments shall adopt a complete streets policy that seeks to reasonably accommodate convenient access and mobility for all users of the public highways within their respective jurisdictions as described under section 264-1, including pedestrians, bicyclists, transit users, motorists, and persons of all ages and abilities.

(b) This section shall apply to new construction, reconstruction, and maintenance of highways, roads, streets, ways, and lanes located within urban, suburban, and rural areas, if appropriate for the application of complete streets.

(1) Use of a particular highway, road, street, way, or lane by bicyclists or pedestrians is prohibited by law, including within interstate highway corridors;

(2) The costs would be excessively disproportionate to the need or probable use of the particular highway, road, street, way, or lane;

(3) There exists a sparseness of population, or there exists other available means, or similar factors indicating an absence of a future need; or

(4) The safety of vehicular, pedestrian, or bicycle traffic may be placed at unacceptable risk.

(d) On or before December 31, 2016, and on or before December 31 of each year thereafter, the director of transportation shall submit to the legislature a report detailing compliance with the complete streets policy and principles during the preceding fiscal year. The report shall include:

(1) A list of transportation facilities and projects initiated during that fiscal year as well as the complete streets features incorporated therein;

(2) Exceptions made under subsection (c);

(3) Beginning July 1, 2017, measurable performance standards and benchmarks, as established in conjunction with the Moving Ahead for Progress in the 21st Century Act process applicable to each project; and

(4) Problems and suggested solutions, and recommendations to improve the process.

(e) The department of transportation shall establish and publish performance standards with measurable benchmarks reflecting the capacity for all users to travel with appropriate safety and convenience along roadways under the jurisdiction of the State.

(f) The department of transportation shall ensure that:

(1) Complete streets policies of the State apply to new construction, reconstruction, repaving, operations, and maintenance activities;

(2) A complete streets policy checklist of duties of the department of transportation is published in accordance with section 1-28.5. The complete streets checklist shall apply from initial planning through final design, construction and operation for all new construction, reconstruction, and repaving surface transportation initiatives. The complete streets checklist shall be updated from time to time as necessary to facilitate the implementation of the complete streets policy. As used in this paragraph, "complete streets checklist" refers to a tool to collect data and information about the status of the roadway and the surrounding area, as well as the details of the transportation facility or project, with a goal of identifying specific elements that can be incorporated to support and balance the needs of all users; and

(3) The complete streets policy checklist with accompanying documentation shall become a public record and shall be accessible on the department of transportation's website within sixty days of completion of the checklist and accompanying documentation.

(g) In adopting or amending land use ordinances, the counties shall consider complete street policies to ensure that:

(1) A context sensitive and multi-modal approach is considered in ordinances;

(2) Consideration is given to allow flexibility in the zoning requirements; and

(3) Other factors peculiar to the community are considered when:

(A) The application of this section conflicts with the context of the particular community; or

(B) A land use ordinance appears to conflict with the principles of complete streets."

SECTION 3. The director of transportation shall provide training for the department of transportation's design, operations, and maintenance staff in complete streets policies, principles, and implementation procedures that may be applicable to the performance of their duties.

SECTION 4. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 5. This Act shall take effect upon its approval.

THE SENATE	S.B. NO.	1044
TWENTY-EIGHTH LEGISLATURE, 2015		S.D. 1
STATE OF HAWAII