CONFERENCE COMMITTEE REP

CONFERENCE COMMITTEE REP. NO.83

Honolulu, Hawaii

, 2005

RE: H.B. No. 422

H.D. 2

S.D. 2

C.D. 1

Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-Third State Legislature

Regular Session of 2005

State of Hawaii

Honorable Robert Bunda

President of the Senate

Twenty-Third State Legislature

Regular Session of 2005

State of Hawaii

Sir:

Your Committee on Conference on the disagreeing vote of the House of Representatives to the amendments proposed by the Senate in H.B. No. 422, H.D. 2, S.D. 2, entitled:

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

having met, and after full and free discussion, has agreed to recommend and does recommend to the respective Houses the final passage of this bill in an amended form.

The purpose of this bill is to protect Hawaii's marine environment from pollution associated with discharge from cruise ships by regulating the discharge of air and liquid pollutants by large commercial passenger vessels into the marine waters of the state.

Your Committee on Conference has amended this bill by reverting to the language contained in H.B. No. 422, H.D. 2, which is substantially similar to H.B. No. 422, S.D. 1, and, among other things:

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

(2) Requires owners or operators of commercial passenger vessels to:

(A) Maintain records of:

(i) Discharges of sewage and other wastewater into the marine waters of the state; and

(ii) The opacity of air emissions;

(B) Provide reports detailing discharges and air emissions to the Department of Health (DOH) upon request; and

(C) Submit to DOH copies of any reports of hazardous waste or hazardous substances, sewage, or opacity of air emissions required by the federal government;

(3) Allows the State to:

(A) Enter into voluntary agreements with any owners or operators of commercial passenger vessels to control pollution outside the state's marine waters; and

(B) Adopt pollution controls more stringent than those provided by this bill;

(4) Permits DOH to engage in efforts to encourage and recognize superior environmental protection efforts made by owners or operators of commercial passenger vessels;

(5) 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;

(6) Permits DOH to engage in:

(A) Direct in-water monitoring of discharges or releases of sewage and direct monitoring of the opacity of air emissions;

(B) Monitoring and studying the direct or indirect effects of commercial passenger vessels operating in the marine waters of the state; and

(C) Researching ways to reduce the effects of commercial passenger vessels operating in the marine waters of the state and other coastal resources of the state;

(7) Subjects violations of the requirements in this bill to fines established by DOH; 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.

Additionally, your Committee on Conference has further amended this measure to address concerns regarding the federal Clean Water Act preemption raised by the Attorney General by clarifying that:

(1) New effluent standards regarding discharges from a commercial passenger vessel into the marine waters of the state do not apply to discharges of sewage; and

(2) Prohibitions against discharges from large commercial passenger vessels into the marine waters of the state do not apply to treated sewage.

As affirmed by the record of votes of the managers of your Committee on Conference that is attached to this report, your Committee on Conference is in accord with the intent and purpose of H.B. No. 422, H.D. 2, S.D. 2, as amended herein, and recommends that it pass Final Reading in the form attached hereto as H.B. No. 422, H.D. 2, S.D. 2, C.D. 1.

Respectfully submitted on behalf of the managers:

ON THE PART OF THE SENATE

ON THE PART OF THE HOUSE

____________________________ J. KALANI ENGLISH, Chair		____________________________ JOSEPH M. SOUKI, Co-Chair
____________________________ LORRAINE R. INOUYE, Co-Chair		____________________________ HERMINA MORITA, Co-Chair
____________________________ BRIAN T. TANIGUCHI, Co-Chair		____________________________ EZRA R. KANOHO, Co-Chair
		____________________________ MARILYN B. LEE, Co-Chair