STAND. COM. REP. NO. 848

Honolulu, Hawaii

, 2005

RE: H.B. No. 422

H.D. 2

 

 

 

Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-Third State Legislature

Regular Session of 2005

State of Hawaii

Sir:

Your Committees on Energy & Environmental Protection and Water, Land, & Ocean Resources, to which was referred H.B. No. 422, H.D. 1, entitled:

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

beg 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, other wastewater, and air emissions;

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

(A) Maintain records of discharges of sewage and other wastewater into the marine waters of the State, and of 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) Permits DOH to engage in efforts to encourage and recognize superior environmental protection efforts made by owners or operators of commercial passenger vessels;

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

(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; and

(6) 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.

Numerous concerned individuals testified in support of this bill. The Office of Hawaiian Affairs, a member of the Maui County Council, Kahea Hawaii-Environmental Alliance, Sierra Club Hawaii Chapter, Association of Hawaiian Civic Clubs, Hawaii Audubon Society, Annette's Adventures, and numerous concerned individuals supported this measure with amendments. A member of the Hawaii County Council, Earthjustice, and numerous concerned individuals supported the intent of this bill. DOH, Norwegian Cruise Lines and NCL America, and North West Cruiseship Association opposed this measure. The University of Hawaii Environmental Center, Life of the Land, and a concerned individual offered comments.

Your Committee has amended this bill by:

(1) Clarifying that the State is permitted 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;

(2) Deleting the reference to the Convention on the Territorial Sea and the Contiguous Zone in regards to innocent passage; and

(3) Making technical, nonsubstantive amendments for clarity, consistency, and style.

As affirmed by the records of votes of the members of your Committees on Energy & Environmental Protection and Water, Land, & Ocean Resources that are attached to this report, your Committees are in accord with the intent and purpose of H.B. No. 422, H.D. 1, as amended herein, and recommend that it pass Third Reading in the form attached hereto as H.B. No. 422, H.D. 2.

Respectfully submitted on behalf of the members of the Committees on Energy & Environmental Protection and Water, Land, & Ocean Resources,

 

____________________________

EZRA R. KANOHO, Chair

____________________________

HERMINA MORITA, Chair