§248-9 State highway fund. (a) Moneys in the state highway fund may be expended for the following purposes:

(1) To pay the costs of operation, maintenance, and repair of the state highway system, including without limitation, the cost of equipment and general administrative overhead;

(2) To pay the costs of acquisition (including real property and interests therein), planning, designing, construction, and reconstruction of the state highway system and bikeways, including, without limitation, the cost of equipment and general administrative overhead;

(3) To reimburse the general fund for interest on and principal of general obligation bonds issued to finance highway projects where the bonds are designated to be reimbursable out of the state highway fund; and

(4) To pay the costs of construction, maintenance, and repair of county roads; provided that none of the funds expended on a county road or program shall be federal funds when such expenditure would cause a violation of federal law or a federal grant agreement.

(b) At any time, the director of transportation may transfer from the state highway fund all or any portion of available moneys determined by the director of transportation to exceed one hundred thirty-five per cent of the requirements for the ensuing twelve months for the state highway fund as permitted by and in accordance with section 37-53. For purposes of the determination, the director of transportation shall take into consideration:

(1) The amount of federal funds and bond funds on deposit in, and budgeted to be expended from, the state highway fund during the period;

(2) Amounts on deposit in the state highway fund that are encumbered or otherwise obligated;

(3) Budgeted amounts payable from the state highway fund during the period;

(4) Revenues anticipated to be received by and expenditures to be made from the state highway fund during the period based on existing agreements and other information for the ensuing twelve months; and

(5) Any other factors as the director of transportation shall deem appropriate.

(c) The department of transportation shall establish county subaccounts within the state highway fund. Notwithstanding subsections (a) and (b), funds in each county subaccount shall be expended for state highway road capacity projects in the respective county.

For purposes of this subsection, "state highway road capacity project" means construction:

(1) Of a new road;

(2) To widen or add additional lanes to an existing road; or

(3) That increases the number of vehicles that may be driven on an island and alleviates the level of traffic congestion on existing roads of that island,

and any planning, design, or right-of-way acquisition related to the construction. [L 1932 1st, c 19, pt of §12; am imp L 1932 2d, c 40, §§26, 71; am L Sp 1933, c 6, §1; RL 1935, pt of §2021; am L 1937, c 172, pt of §3; am L 1941, c 212, §1; am L Sp 1941, c 49, §1; RL 1945, pt of §5260; am L 1945, c 82, pt of §5; am L 1947, c 32, §5, c 36, §1, and c 196, pt of §1; am L 1953, c 189, §1; am L 1955, c 250, §1(b); am L 1955, c 249, §2, rat 70 Stat 545, c 602; RL 1955, §129-12; am L Sp 1959 2d, c 1, §§14, 16, 26; am L 1963, c 114, §1; am L 1966, c 43, §2; am L 1967, c 204, §1; HRS §248-9; am L 1977, c 68, §2; am L 1979, c 167, §1; am L 1989, c 309, §5; am L 1997, c 270, §1; am L 2006, c 125, §2 and c 166, §2; am L 2007, c 286, §1; am L 2018, c 215, §2]

Cross References

Use of highway fund for bikeways, see §264-18.