Hawaii 2024 Regular Session

Hawaii House Bill HB1622 Compare Versions

Only one version of the bill is available at this time.

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1	1	HOUSE OF REPRESENTATIVES H.B. NO. 1622 THIRTY-SECOND LEGISLATURE, 2024 STATE OF HAWAII A BILL FOR AN ACT relating to flooding. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
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3	3	HOUSE OF REPRESENTATIVES H.B. NO. 1622
4	4	THIRTY-SECOND LEGISLATURE, 2024
5	5	STATE OF HAWAII
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7	7	HOUSE OF REPRESENTATIVES
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9	9	H.B. NO.
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11	11	1622
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13	13	THIRTY-SECOND LEGISLATURE, 2024
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17	17	STATE OF HAWAII
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31	31	A BILL FOR AN ACT
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37	37	relating to flooding.
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43	43	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
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47	47	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 often flood. The floods result in significant economic damage to surrounding residences and businesses. The legislature also finds that 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 damage that may subsequently occur on those roads. The legislature further notes that these private roads are often heavily used by first responders during emergencies and by school buses for the transportation of students to and from school. Accordingly, it is in the public interest to support the maintenance and upkeep of these private roads. The purpose of this Act is to: (1) Appropriate moneys as grants-in-aid to each county for the mitigation of flood risks on privately-owned roads; and (2) Provide that the appropriation or expenditure of moneys pursuant to this Act shall not be construed to establish a duty of care or grounds for liability for the State or the counties. SECTION 2. In accordance with section 9 of article VII, of the Constitution of the State of Hawaii and sections 37-91 and 37-93, Hawaii Revised Statutes, the legislature has determined that the appropriations contained in this Act will cause the state general fund expenditure ceiling for fiscal year 2024-2025 to be exceeded by $ , or per cent. The reasons for exceeding the general fund expenditure ceiling are that the appropriations made in this Act are necessary to serve the public interest and to meet the needs provided for by this Act. 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 2024-2025 as a grant-in-aid to the city and county of Honolulu for the mitigation of flood risks on privately owned roads that are open to public traffic on the island of Oahu. The sum 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 2024-2025 as a grant-in-aid to the county of Hawaii for the mitigation of flood risks on privately owned roads that are open to public traffic on the island of Hawaii. The sum 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 2024-2025 as a grant-in-aid to the county of Maui for the mitigation of flood risks on privately owned roads that are open to public traffic on the islands of Maui, Molokai, and Lanai. The sum 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 2024-2025 as a grant-in-aid to the county of Kauai for the mitigation of flood risks on privately owned roads that are open to public traffic on the island of Kauai. The sum appropriated shall be expended by the county of Kauai for the purposes of this Act. SECTION 7. The appropriation or expenditure of moneys pursuant to this Act shall not be construed to establish a duty of care or grounds for liability for the State or the counties. SECTION 8. Repairs related to sewage and plumbing on private roads that are open to public traffic shall be the responsibility of each respective county and no private property owner shall be held responsible. SECTION 9. This Act shall take effect on July 1, 2024. INTRODUCED BY: _____________________________
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49	49	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 often flood. The floods result in significant economic damage to surrounding residences and businesses. The legislature also finds that 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 damage that may subsequently occur on those roads.
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51	51	The legislature further notes that these private roads are often heavily used by first responders during emergencies and by school buses for the transportation of students to and from school. Accordingly, it is in the public interest to support the maintenance and upkeep of these private roads.
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53	53	The purpose of this Act is to:
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55	55	(1) Appropriate moneys as grants-in-aid to each county for the mitigation of flood risks on privately-owned roads; and
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57	57	(2) Provide that the appropriation or expenditure of moneys pursuant to this Act shall not be construed to establish a duty of care or grounds for liability for the State or the counties.
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59	59	SECTION 2. In accordance with section 9 of article VII, of the Constitution of the State of Hawaii and sections 37-91 and 37-93, Hawaii Revised Statutes, the legislature has determined that the appropriations contained in this Act will cause the state general fund expenditure ceiling for fiscal year 2024-2025 to be exceeded by $ , or per cent. The reasons for exceeding the general fund expenditure ceiling are that the appropriations made in this Act are necessary to serve the public interest and to meet the needs provided for by this Act.
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61	61	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 2024-2025 as a grant-in-aid to the city and county of Honolulu for the mitigation of flood risks on privately owned roads that are open to public traffic on the island of Oahu.
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63	63	The sum appropriated shall be expended by the city and county of Honolulu for the purposes of this Act.
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65	65	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 2024-2025 as a grant-in-aid to the county of Hawaii for the mitigation of flood risks on privately owned roads that are open to public traffic on the island of Hawaii.
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67	67	The sum appropriated shall be expended by the county of Hawaii for the purposes of this Act.
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69	69	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 2024-2025 as a grant-in-aid to the county of Maui for the mitigation of flood risks on privately owned roads that are open to public traffic on the islands of Maui, Molokai, and Lanai.
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71	71	The sum appropriated shall be expended by the county of Maui for the purposes of this Act.
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73	73	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 2024-2025 as a grant-in-aid to the county of Kauai for the mitigation of flood risks on privately owned roads that are open to public traffic on the island of Kauai.
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75	75	The sum appropriated shall be expended by the county of Kauai for the purposes of this Act.
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77	77	SECTION 7. The appropriation or expenditure of moneys pursuant to this Act shall not be construed to establish a duty of care or grounds for liability for the State or the counties.
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79	79	SECTION 8. Repairs related to sewage and plumbing on private roads that are open to public traffic shall be the responsibility of each respective county and no private property owner shall be held responsible.
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81	81	SECTION 9. This Act shall take effect on July 1, 2024.
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85	85	INTRODUCED BY: _____________________________
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87	87	INTRODUCED BY:
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95	95	Report Title: Private Roads; Flood Risk Mitigation; Liability; Appropriations; General Fund Expenditure Ceiling Exceeded Description: Appropriates moneys to each county to mitigate flood risks on privately owned roads. Provides that the appropriation or expenditure of moneys shall not be construed to establish a duty of care or grounds for liability for the State or counties. Declares that the appropriations exceed the state general fund expenditure ceiling for 2024-2025. The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
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101	101	Report Title:
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103	103	Private Roads; Flood Risk Mitigation; Liability; Appropriations; General Fund Expenditure Ceiling Exceeded
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107	107	Description:
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109	109	Appropriates moneys to each county to mitigate flood risks on privately owned roads. Provides that the appropriation or expenditure of moneys shall not be construed to establish a duty of care or grounds for liability for the State or counties. Declares that the appropriations exceed the state general fund expenditure ceiling for 2024-2025.
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117	117	The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.