§264-18  Use of highway fund forbikeways.  (a)  Out of the state highway fund amounts, whether state fundsor federal funds, shall be expended as necessary by the State for theestablishment of bikeways; provided that bikeways shall be established, wheneverpracticable, wherever a new or existing highway, road, or street is beingdesigned, planned, constructed, reconstructed, relocated, or rehabilitated.  At least two per cent of eligible federal funds, and inaddition, other state highway fund moneys as available, shall be expended to:

(1)  Establishmulti-use paths, bicycle paths, and bicycle lanes; and

(2)  Install signage andsafety devices along bikeways;

provided that thedepartment of transportation shall include the bicycling community in a public involvementprocess to determine the location of multi-use paths, bicycle paths, bicyclelanes, and installation of signage and safety devices along bikeways.

Planning for any mass transit system shall includeappropriate accommodation for bicycle lanes, bikeways, and bicycle routes,including bicycle racks on mass transit vehicles, to enable mass transit usersto connect conveniently by bicycle to transit stations and bus stops.

This subsection shall not be construed asrequiring the expenditure of a county surcharge on state tax under section 46‑16.8,on bicycle paths if the application of this subsection conflicts with section46-16.8.

(b)  Bikeways are not required to beestablished under subsection (a):

(1)  Where the establishment of the lanes, paths,routes, and ways would be contrary to public safety; or

(2)  If the cost of establishing the lanes, paths,routes, and ways would be excessively disproportionate to the need or probableuse; or

(3)  Where low population density, other availableways, or other factors indicate an absence of any need for the lanes, paths,routes, and ways;

provided that the department of transportation shallinvolve representatives of the bicycling community,such as the Hawaii Bicycling League, Kauai PATH, Maui Bicycling Alliance, PATH(Big Island), and others in making a determination under paragraphs (1), (2),and (3); provided further that any decision under this subsection shall bedocumented, including but not limited to, the factors considered in making adecision; and provided further that the department of transportation shall havethe burden of persuasion under paragraphs (2) and (3).

(c)  The department of transportation, whenrequested, shall provide technical assistance and advice to counties incarrying out the purpose of this section.  The department of transportationshall recommend construction standards for bikeways.  The department oftransportation, in the manner prescribed for marking highways under section264-25, shall provide a uniform system of marking and signing such lanes,paths, routes, and ways which shall apply to lanes, paths, routes, and waysunder the jurisdiction of the department of transportation and the counties. Notwithstanding any provision to the contrary, the department of transportationand the counties may restrict the use of the lanes, paths, routes, and ways topedestrians and non-motorized vehicles.

(d)  As used in this section, the terms"bikeway", "bicycle path", and "bicycle lane"shall have the same meaning as in section 291C-1.

(e)  The department of transportation shallreport annually to the legislature before the convening of each regular sessionas to bikeway expenditures and current projects. [L 1995, c 222, §2; am L 2007,c 286, §2]