SECTION 1. The Hawaii Revised Statutes is amended by adding a new chapter to be appropriately designated and to read as follows:

"Chapter

Metropolitan planning organization

§ -1 Statement of purpose. The legislature finds that 23 United States Code sections 134-135 and 49 United States Code sections 5303-5304, as amended, and federal regulations adopted pursuant thereto, and other federal laws require that metropolitan planning organizations be designated based on a minimum population threshold as defined in federal law to act as a decision-making agency and to receive certain funds for the purpose of carrying out a continuing, cooperative, and comprehensive transportation planning process.

Metropolitan planning organizations have their own policy board and staff. It is the responsibility of the policy board to make decisions that are the result of the continuing, cooperative, and comprehensive transportation planning process, and the organization's staff support and provide technical resources to the policy board. The continuing, cooperative, and comprehensive planning process is designed to provide both orderly and reasoned metropolitan transportation planning within the framework of federal law, and adequate and informed representation from state and county governments, operators of public transportation receiving federal funds, the public at large, and others as identified in 23 Code of Federal Regulations section 450 subpart C.

§ -2 Definitions. For purposes of this chapter:

"Comprehensive agreement" means the executed agreement between the member jurisdictions or authorities of a metropolitan planning organization concerning the organization and structure of the metropolitan planning organization, the roles and responsibilities of its member jurisdictions or authorities, and the provision of funding and membership dues.

"Employees" means an executive director of a metropolitan planning organization, and all staff of a metropolitan planning organization.

"Member jurisdiction or authority" means a local or state jurisdiction or a local or regional authority that has entered into a comprehensive agreement to support the metropolitan planning process and that is provided representation on the metropolitan planning organization's policy board.

"Metropolitan planning organization" means a metropolitan planning organization designated or redesignated under 23 United States Code section 134, as amended.

"Policy board" means the policy decision-making body of a metropolitan planning organization.

"Transportation management area" means a transportation management area identified and designated pursuant to 23 United States Code section 134, as amended.

§ -3 Establishment of metropolitan planning organizations; duties. (a) Metropolitan planning organizations shall be designated pursuant to 23 United States Code section 134(d)(1) and shall meet all requirements of 23 United States Code sections 134-135 and 49 United States Code sections 5303-5304, as amended, and any federal regulations adopted pursuant thereto.

(b) A metropolitan planning organization shall:

(1) Operate according to executed comprehensive agreements, including any supplemental agreements, between the State, county, and other operators of public transportation receiving federal funds; and

(2) Facilitate and support the continuing, cooperative, and comprehensive transportation planning process between the State, county, and other operators of public transportation receiving federal funds, including the consideration of projects and strategies that support national planning factors as defined in 23 United States Code section 134, regional goals and objectives, and consideration of plans and planning activities of others as they affect transportation.

(1) Assign to staff members duties not defined or designated by federal law, this chapter, or executive agreement;

(2) May enter into agreements with the State, county, other operators of public transportation receiving federal funds, and other entities as needed to fully comply with all requirements of federal law and this chapter;

(3) May be placed within a state or county agency, as appropriate, for administrative purposes only;

(4) Contract to purchase goods and services, including professional and technical assistance and advice;

(5) Contract for or accept revenues, compensation, proceeds, and gifts or donations or grants in any form from any public agency;

(6) Establish banking accounts with federally regulated financial institutions; and

(7) Contract with other state or local agencies and quasi-public or private organizations for the use of their staff resources to assist the metropolitan planning organization in its functions.

§ -4 Transportation management area metropolitan planning organizations. (a) Pursuant to 23 United States Code section 134(k), a metropolitan planning organization serving an urban area with a population of 200,000 or more shall be designated a transportation management area.

(b) Transportation management area metropolitan planning organizations shall be attached to the department of transportation for administrative purposes only. The various roles and responsibilities of transportation management area metropolitan planning organizations and the department of transportation regarding the administration of the transportation management area metropolitan planning organization may be further defined by agreement between the two entities.

(d) Notwithstanding any law to the contrary, transportation management area metropolitan planning organizations shall be exempt from section 26-35, except subsections (a)(7) and (8), and (b).

§ -5 Oahu metropolitan planning organization special fund. (a) There is established in the state treasury the Oahu metropolitan planning organization special fund, into which shall be deposited:

(1) Seed funding of $500,000;

(2) All revenues from the operations of the Oahu metropolitan planning organization;

(3) Appropriations by the legislature to the fund;

(4) Gifts, grants, and any other moneys made available to the fund.

(b) Moneys in the Oahu metropolitan planning organization special fund shall be administered by the Oahu metropolitan planning organization for the purposes of this chapter.

§ -6 Metropolitan planning organization policy boards; membership and meetings. (a) Policy board membership shall be established by comprehensive agreement, including any applicable supplemental agreements and bylaws.

(b) As appropriate, any agreement or committee bylaws that establish policy board membership may also include specifications regarding ex-officio membership, terms, and term limits of members, member alternates, quorum, and other considerations as permitted under law.

§ -7 Staff and funding. (a) Each policy board shall appoint a full-time executive director of the metropolitan planning organization who shall be independent of state and county agencies. Duties of the executive director may be established by the policy board or in the comprehensive agreement.

(b) A policy board may employ staff as needed. The executive director shall be responsible for the hiring and management of staff. The executive director and staff for a metropolitan planning organization shall not be subject to chapter 76. All other benefits generally applicable to the officers and employees of the State shall apply to staff members of the metropolitan planning organization and be retroactive to the effective date of initial hiring for existing staff.

(c) All employees of a metropolitan planning organization shall be exempt from chapter 76 but shall be eligible to receive the benefits of any state or federal employee benefit program generally applicable to officers and employees of the State.

§ -8 Member financial dues. (a) The policy board shall identify and establish, by interagency agreement, the member financial dues necessary to sustain the metropolitan planning organization. The annual member financial dues amount shall be reviewed at least every three years.

(b) Member financial dues paid to a metropolitan planning organization by its member jurisdictions or authorities for purposes of matching federal aid financing shall not lapse or expire.

(c) Notwithstanding any provision to the contrary, member financial dues charged to the State may be paid from the state highway fund.

(d) Member financial dues received by a metropolitan planning organization shall not be specific to or intended to fund individual elements of any unified planning work program.

(e) A policy board may allocate collective financial resources to fund a unified planning work program.

§ -9 Meetings. (a) Notwithstanding any law to the contrary, meetings of policy boards, advisory committees, or subcommittees shall be subject to sections 92-3 through 92-13.

(b) Members of a policy board shall be exempt from section 92-2.5.

(c) Members of a policy board who are also members of another state board may meet at a duly noticed meeting of a policy board.

(d) A majority of the membership of a policy board or committee of a policy board shall constitute a quorum to do business.

§ -10 Conflict between laws. If a conflict between any provision of this chapter and any federal law or regulation relating to metropolitan planning organizations arises, federal law or regulation shall govern."

SECTION 2. Section 36-30, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

"(a) Each special fund, except the:

(1) Transportation use special fund established by section 261D-1;

(2) Special out-of-school time instructional program fund under section 302A-1310;

(3) School cafeteria special funds of the department of education;

(4) Special funds of the University of Hawaii;

(5) State educational facilities improvement special fund;

(6) Special funds established by section 206E-6;

(7) Aloha Tower fund created by section 206J-17;

(8) Funds of the employees' retirement system created by section 88-109;

(9) Hawaii hurricane relief fund established under section 431P-2;

(10) Convention center enterprise special fund established under section 201B-8;

(11) Hawaii health systems corporation special funds and the subaccounts of its regional system boards;

(12) Tourism special fund established under section 201B-11;

(13) Universal service fund established under section 269-42;

(14) Emergency and budget reserve fund under section 328L-3;

(15) Public schools special fees and charges fund under section 302A-1130;

(16) Sport fish special fund under section 187A-9.5;

(17) Center for nursing special fund under section 304A-2163;

(18) Passenger facility charge special fund established by section 261-5.5;

(19) Court interpreting services revolving fund under section 607-1.5;

(20) Hawaii cancer research special fund;

(21) Community health centers special fund;

(22) Emergency medical services special fund;

(23) Rental motor vehicle customer facility charge special fund established under section 261-5.6;

(24) Shared services technology special fund under section 27-43;

(25) Nursing facility sustainability program special fund established pursuant to Act 156, Session Laws of Hawaii 2012;

(26) Automated victim information and notification system special fund established under section 353-136; [~~and~~]

(27) Hospital sustainability program special fund under Act 217, Session Laws of Hawaii 2012, as amended by Act 141, Session Laws of Hawaii 2013[,]; and

(28) Oahu metropolitan planning organization special fund established under section -5;

shall be responsible for its pro rata share of the administrative expenses incurred by the department responsible for the operations supported by the special fund concerned."

SECTION 3. Section 279A-8, Hawaii Revised Statutes, is amended to read as follows:

"[[]§279A-8 [~~Oahu~~] Metropolitan Planning Organization; effect on funding.[]] The provisions of this chapter do not affect the entitlement of the [~~Metropolitan Planning Organization~~] metropolitan planning organization for [~~the island of Oahu~~] any county to unconditionally receive and administer transportation planning funds pursuant to [~~Section 112 of the Federal-Aid Highway Act of 1973.~~] 23 United States Code section 134, as amended."

SECTION 4. Chapter 279E, Hawaii Revised Statutes, is repealed.

SECTION 5. No officer or employee affected by this Act shall suffer any loss of employment, seniority, benefit, leave, service credit, or other emolument as a consequence of this Act.

SECTION 6. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 7. This Act shall take effect upon its approval.

INTRODUCED BY:	_____________________________

THE SENATE	S.B. NO.	1180
TWENTY-EIGHTH LEGISLATURE, 2015
STATE OF HAWAII