STAND. COM. REP. 81

Honolulu, Hawaii

, 2003

RE: H.B. No. 201

H.D. 1

 

 

 

Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-Second State Legislature

Regular Session of 2003

State of Hawaii

Sir:

Your Committees on Economic Development and Business Concerns and Energy and Environmental Protection, to which was referred H.B. No. 201 entitled:

"A BILL FOR AN ACT RELATING TO ENVIRONMENTAL COMPLIANCE,"

beg leave to report as follows:

The purpose of this bill is to place conditions on cruise vessel discharges and provide for independent verification and monitoring of environmental compliance.

Your Committees received voluminous testimony concerning this measure. There was overwhelming testimony from numerous concerned individuals supporting this bill.

In addition, the Department of Health, a member of the Hawaii County Council, Earthjustice, Sierra Club, Hawaii Chapter, Life of the Land, Hawaii's Thousand Friends, Ka Lahui Hawaii, and Kahea The Hawaiian-Environmental Alliance supported the intent of the bill, but recommended amendments.

The Department of Budget and Finance and the North West Cruiseship Association (NWCA) opposed this measure.

It has come to the attention of your Committees that the State and NWCA entered into a Memorandum of Understanding (MOU) on October 24, 2002. Although your Committees recognize that the terms and conditions of the MOU appear to be more stringent than those provided for in this measure, there still is a need for independent monitoring of cruise ships to ensure compliance in Hawaii's waters.

Your Committees have amended this bill by:

(1) Providing state monitoring of the MOU between the State and NWCA;

(2) Requiring compliance unless cooperating with the State through a MOU that meets or exceeds the terms and conditions of discharges;

(3) Replacing all dollar amounts for environmental compliance fees with unspecified amounts to facilitate further discussion;

(4) Changing the effective date to July 1, 2050; and

(5) Making other technical, nonsubstantive amendments for purposes of style and clarity.

As affirmed by the records of votes of the members of your Committees on Economic Development and Business Concerns and Energy and Environmental Protection that are attached to this report, your Committees are in accord with the intent and purpose of H.B. No. 201, as amended herein, and recommend that it pass Second Reading in the form attached hereto as H.B. No. 201, H.D. 1, and be referred to the Committees on Transportation and Tourism and Culture.

Respectfully submitted on behalf of the members of the Committees on Economic Development and Business Concerns and Energy and Environmental Protection,

 

____________________________

HERMINA M. MORITA, Chair

____________________________

BRIAN SCHATZ, Chair