Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-Third State Legislature

Regular Session of 2005

State of Hawaii

Sir:

Your Committee on Energy & Environmental Protection, to which was referred H.C.R. No. 75, H.D. 1, entitled:

begs leave to report as follows:

The purpose of this concurrent resolution is to protect the marine waters of Hawaii by requesting the Department of Health to re-evaluate its memorandum of understanding with the cruise ship industry regarding cruise ship discharges.

The North West Cruiseship Association and Norwegian Cruise Lines testified in support of this measure. The Department of Health offered comments in opposition.

Your Committee finds that the importance of protecting Hawaii's ocean resources justifies a detailed review of the State's regulation of marine discharge. A number of concerns have been voiced about the lack of penalties and the enforceability of the current memorandum of understanding.

Your Committee further finds that the task of regulating marine discharge is a complex one, involving issues of preemption by federal law and the feasibility of obtaining waivers from the United States Environmental Protection Agency. Gaining a full understanding of the State's capacity and ability to enact new laws regulating cruise ships in State waters is a prerequisite to developing and passing effective legislation.

As affirmed by the record of votes of the members of your Committee on Energy & Environmental Protection that is attached to this report, your Committee concurs with the intent and purpose of H.C.R. No. 75, H.D. 1, and recommends its adoption.