RESOLUTION

WHEREAS, cruise lines have become a significant part of Hawaii's economy and some communities, such as Hilo, Kauai, and even parts of tourism-rich Maui, have a high level of economic dependence on the ship-borne tourists; and

WHEREAS, as cruise lines market Hawaii and other destinations to bring people to the most beautiful places in the world, it is in the cruise lines' own financial interest to be extraordinarily careful about the environments in which they sail; and

WHEREAS, the condition of Hawaii's marine waters and its environment is vitally important not only as a resource for the people of Hawaii but for public health and the health of the tourism industry; and

WHEREAS, with the recent expansion of the cruise ship industry in Hawaii, concerns have been raised about the possibility of accidental and intentional release of untreated effluent; and

WHEREAS, today's largest ships can transport more than 3,000 passengers and crew, and have the capacity to generate millions of gallons of wastewater every day, as well as small quantities of hazardous chemicals from onboard printing, photo processing, and dry cleaning operations; and

WHEREAS, although a Memorandum of Understanding (MOU) was signed by both the State and the cruise ship industry in October 2002, over a dozen violations occurred in 2003, and although violations decreased in 2004, a single violation could have a dramatic effect on Hawaii's fragile environment; and

WHEREAS, although the MOU is fairly comprehensive, it presents numerous challenges to protecting the environment, including not having the force and effect of law; and

WHEREAS, questions have arisen regarding the ability of the Department of Health (DOH) to inspect cruise ships on a regular basis and whether the State has the authority to regulate certain aspects of the cruise ship industry that fall under federal clean water laws and EPA regulations; and

WHEREAS, questions have also arisen as to whether the State has the ability to regulate cruise ships' marine sanitation devices (MSDs) without EPA permission; and

WHEREAS, other states have recently enacted laws in an attempt to further regulate cruise ship discharges to protect the environment in and around their waterways; and

WHEREAS, in order to consider legislation to address all of the environmental as well as legal concerns raised by the regulation of the cruise ship industry, a study should be undertaken to determine what can be done to protect Hawaii's marine environment; now, therefore,

BE IT RESOLVED by the House of Representatives of the Twenty-third Legislature of the State of Hawaii, Regular Session of 2005, the Senate concurring, that the Department of Health is requested to re-evaluate its MOU with the cruise ship industry to determine if more stringent standards should be established for wastewater discharge, whether regulation of MSDs requires EPA permission, and if so, how approval to regulate MSDs can be obtained from the EPA; and

BE IT FURTHER RESOLVED that after determining how to obtain approval from the EPA to regulate MSDs, DOH obtain this approval or obtain a waiver for this approval from the EPA; and

BE IT FURTHER RESOLVED that DOH submit a report of its findings and recommendations, including any proposed legislation, to the Legislature at least 20 days prior to the convening of the Regular Session of 2006; and

BE IT FURTHER RESOLVED that certified copies of this Concurrent Resolution be transmitted to the Administrator of the EPA, Director of Health, and the President of the NorthWest Cruiseship Association.

with the cruise ship industry to determine if more stringent standards should be established for wastewater discharge, whether regulation of marine sanitation devices requires environmental protection agency (EPA) permission, and if so, to obtain permission from the EPA to regulate marine sanitation devices.

Report Title:

Requesting DOH to re-evaluate its memorandum of UNDERSTANDING