STAND. COM. REP. NO. 76-04

Honolulu, Hawaii

, 2004

RE: H.B. No. 1982

H.D. 1

 

 

 

Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-Second State Legislature

Regular Session of 2004

State of Hawaii

Sir:

Your Committee on Transportation, to which was referred H.B. No. 1982 entitled:

"A BILL FOR AN ACT RELATING TO CRUISE SHIPS,"

begs leave to report as follows:

The purpose of this bill is to protect Hawaii's marine environment from pollution associated with discharge from cruise ships. Among other things this measure, which establishes a new part in Chapter 342D, Hawaii Revised Statutes:

(1) Regulates discharges from commercial passenger vessels, specifically discharges of sewage, graywater, and other wastewater, and air emissions;

(2) Requires owners or operators of commercial passenger vessels to maintain records of discharges of sewage, graywater, and other wastewater into the marine waters of the State, and of the opacity of air emissions, and to provide reports detailing discharges and air emissions to the Department of Health (DOH) upon request;

(3) Allows for the provision of financial assistance from the Water Pollution Control Revolving Fund (Fund) to eligible parties for projects or activities to regulate the discharge of sewage, graywater, other wastewater, and air emissions from commercial passenger vessels;

(4) Imposes an environmental compliance fee on each commercial passenger vessel operating in the marine waters of the State;

(5) Allows for compliance fees collected from cruise ship companies to be deposited into the Fund;

(6) Allows for moneys received for violations of the part to be deposited into the Fund;

(7) Provides exemptions that include discharges to secure safety or save a life, and for commercial passenger vessels that operate in the marine waters of the State solely in innocent passage; and

(8) Provides DOH flexibility in establishing alternative terms and conditions for vessel discharges applicable to an owner or operator of a vessel who cannot practicably comply with established regulations.

The Mayor of the County of Maui, Sierra Club-Hawaii Chapter and Hawaii Audubon Society testified in support of this measure. The Office of Hawaiian Affairs, North West Cruiseship Association, and Norwegian Cruise Lines supported the intent of the bill. The Department of Health opposed this bill.

Hawaii has a unique marine environment and ecosystem known throughout the world. Our coastal waters not only serve as a food source but also play a vital role in the economy of the State, drawing thousands of visitors to these islands each year. Maintaining the viability of our marine ecosystem through the regulation of the numerous activities taking place along our shoreline such as the cruise ship industry is an important endeavor that will not only affect today's citizens, but future generations as well.

Your Committee understands that the issue of regulation of discharge into marine waters of this State is a complex one that involves numerous federal regulations. The federal Clean Water Act currently regulates the discharge of sewage, graywater, and other types of wastewater from commercial vessels and it appears the federal law does not have the flexibility to allow states to formulate more stringent statutory guidelines.

Accordingly, your Committee has amended this measure by limiting:

(1) Regulation of discharges from commercial passenger vessels to sewage and air emissions;

(2) Record keeping and reporting requirements for owners or operators of commercial passenger vessels to information gathered regarding discharges of sewage into the marine waters of the State, and the opacity of air emissions; and

(3) The provision of financial assistance from the Fund to eligible parties for projects or activities to regulate the discharge or sewage and air emissions from commercial passenger vessels.

Your Committee has also amended this bill by:

(1) Deleting the definitions of "graywater" and "other wastewater"; and

(2) Making technical, nonsubstantive amendments for purposes of clarity, consistency, and style.

As affirmed by the record of votes of the members of your Committee on Transportation that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 1982, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 1982, H.D. 1, and be referred to the Committees on Economic Development and Business Concerns and Energy and Environmental Protection and Tourism and Culture.

Respectfully submitted on behalf of the members of the Committee on Transportation,

 

____________________________

JOSEPH M. SOUKI, Chair