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



(1)  Establish
multi-use paths, bicycle paths, and bicycle lanes; and



(2)  Install signage and
safety devices along bikeways;



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



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



This subsection shall not be construed as
requiring 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 section
46-16.8.



(b)  Bikeways are not required to be
established 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 probable
use; or



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



provided that the department of transportation shall
involve 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 be
documented, including but not limited to, the factors considered in making a
decision; and provided further that the department of transportation shall have
the burden of persuasion under paragraphs (2) and (3).



(c)  The department of transportation, when
requested, shall provide technical assistance and advice to counties in
carrying out the purpose of this section.  The department of transportation
shall recommend construction standards for bikeways.  The department of
transportation, in the manner prescribed for marking highways under section
264-25, shall provide a uniform system of marking and signing such lanes,
paths, routes, and ways which shall apply to lanes, paths, routes, and ways
under the jurisdiction of the department of transportation and the counties. 
Notwithstanding any provision to the contrary, the department of transportation
and the counties may restrict the use of the lanes, paths, routes, and ways to
pedestrians 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 shall
report annually to the legislature before the convening of each regular session
as to bikeway expenditures and current projects. [L 1995, c 222, §2; am L 2007,
c 286, §2]