Water Pollution, Passenger Vessels

Prohibits commercial passenger vessels from releasing specified substances into the marine waters of the state.

A BILL FOR AN ACT

SECTION 1. The legislature finds that the condition of the marine waters and air surrounding Hawai'i is critical not only to our environment, society, culture, and public health, but also to our economy, including the estimated $800,000,000 per year ocean related visitor industry. Cruise ships generate tremendous amounts of pollutants, and with the recent rapid expansion of the cruise industry in the Hawaii, the risk of accidental and intentional pollution increases. The legislature therefore finds that, apart from and in addition to any controls that may exist under other laws, state controls on pollution from commercial passenger vessels are necessary and appropriate. The legislature also finds and declares that the protection and enhancement of the quality of the marine waters of the State and federally protected marine areas require that discharges from commercial passenger vessels into marine waters of the State be prohibited, and that a system for independent verification and monitoring of environmental compliance be established.

SECTION 2. Chapter 342D, Hawaii Revised Statutes, is amended by adding a new part to be appropriately designated and to read as follows:

"PART . COMMERCIAL PASSENGER VESSEL

§342D-A Definitions. As used in this part:

"Agent for service of process" means an agent upon whom process, notice, or demand required or permitted by law to be served upon the owner or operator may be served.

"Commercial passenger vessel" means a vessel that carries passengers for hire, except that "commercial passenger vessel" does not include a vessel:

"Department" means the department of health.

"Discharge" means any release of liquids or solids, however caused, from a commercial passenger vessel and includes any escape, disposal, spilling, leaking, pumping, emitting, or emptying.

"Federally protected marine areas" includes the Hawaiian Islands Humpback Whale National Marine Sanctuary and any other sanctuary, reserve, refuge, or other marine area protected by federal law.

"Graywater" means drainage from dishwasher, shower, laundry, bath, and washbasin drains, and includes a mixture of graywater and sewage, treated or untreated.

"Hazardous waste" means hazardous waste as defined in section 342J-2, but does not include sewage.

"Marine waters of the State" means all ocean waters within the boundaries of the State.

"Medical waste" means wastes generated in the diagnosis, treatment, or immunization of human beings or animals.

"Offloading" means the removal of a hazardous substance, hazardous waste, or nonhazardous solid waste from a commercial passenger vessel onto or into a controlled storage, processing, or disposal facility or treatment works.

"Oily bilgewater" means bilgewater that contains used lubrication oils, oil sludge and slops, fuel and oil sludge, used oil, used fuel and fuel filters, and oily waste.

"Passengers for hire" means vessel passengers for whom consideration is contributed as a condition of carriage on the vessel, whether directly or indirectly flowing to the owner, charterer, operator, agent, or any other person having an interest in the vessel.

"Sewage" means human body wastes and the wastes from toilets and other receptacles intended to receive or retain human body waste and includes any material that has been collected or treated through a marine sanitation device, as that term is used in Section 312 of the Clean Water Act (33 U.S.C. section 1322), or that is a byproduct of sewage treatment.

"Solid waste" means solid waste within the meaning of chapter 342G, but does not include sewage.

"Vessel" means any form or manner of watercraft, other than a seaplane on the water, whether or not capable of self-propulsion.

§342D-B Program established. There is established the commercial passenger vessel environmental compliance program to:

The department may adopt rules under chapter 91 to carry out the purposes of this chapter.

§342D-C Registration requirements. (a) For each calendar year in which the owner or operator of a commercial passenger vessel intends to operate, or cause or allow to be operated, the vessel in the marine waters of the State, the owner or operator of the vessel shall register with the department. The registration shall be completed before the time any commercial passenger vessel of the owner or operator enters the marine waters of the State in that calendar year. The registration shall include the following information:

(b) Registration under subsection (a) shall be executed under oath by the owner or operator, or designated representative thereof.

(c) Upon request of the department, the registrant shall submit registration information required under this section electronically.

§342D-D Prohibited discharges. (a) If the appropriate federal agencies approve an application made pursuant to section 342D-H(a), or if the department determines that an application is not required, a person shall not discharge, or permit anyone to discharge, sewage from a commercial passenger vessel into the marine waters of the State.

(b) A person shall not discharge, or permit anyone to discharge, graywater, oily bilgewater, solid waste, hazardous waste, or medical waste from a commercial passenger vessel into the marine waters of the State.

(c) This section does not apply to discharges made for the purpose of securing the safety of the commercial passenger vessel or saving life at sea if all reasonable precautions have been taken for the purpose of preventing or minimizing the discharge.

§342D-E Information gathering, record keeping, and reporting requirements. (a) An owner or operator of a commercial passenger vessel who becomes aware of a discharge in violation or potential violation of section 342D-D shall immediately, but no later than twenty-four hours after the discharge, report that discharge to the department. The owner or operator shall include all the following information in the report:

(b) If the owner or operator of a commercial passenger vessel operating in the marine waters of the State is required by the laws of the United States to file a report or provide notice of a discharge or offloading of a hazardous waste or hazardous substance that was generated, discharged, or offloaded while the vessel was operating in the marine waters of the State, the owner or operator shall submit to the department a copy of the report or notice within ten days after having provided the report or notice to the federal government.

(c) Before the operation of a commercial passenger vessel in the marine waters of the State, the owner or operator of the vessel shall provide to the department a plan that describes the vessel's policies and procedures for:

(d) Upon request of the department, the information required under this section shall be submitted electronically.

§342D-F Inspections. While a commercial passenger vessel is present in the marine waters of the State, the owner or operator of a commercial passenger vessel shall allow the department access to the vessel for the purpose of ensuring compliance with this part, including investigating actual or suspected violations. The department shall develop and implement an inspection regime sufficient to ensure full compliance with this part. This regime, at a minimum, shall include:

The regime may also adopt, and make appropriate allowances for, alternative means of ensuring compliance approved by the department, including systems of monitoring and reporting by independent onboard observers.

§342D-G Memorandum of understanding; recognition program. (a) Nothing contained in this part shall prevent the State from:

(b) The department may engage in efforts to encourage and recognize superior environmental protection efforts made by the owners or operators of commercial passenger vessels that exceed the requirements established by law.

§342D-H Miscellaneous. (a) The department shall determine whether it is necessary to apply to the federal government for authorization for the State to prohibit the release of sewage into the marine waters of the State. If the department determines that application is necessary, it shall apply to the appropriate federal agencies, as determined by the department, to authorize the State to prohibit the release of sewage from commercial passenger vessels into the marine waters of the State.

(b) The department shall request the appropriate federal agencies, as determined by the department, to prohibit the discharge of the wastes enumerated in section 342D-D into all federally protected marine areas.

(c) This chapter shall not apply to a commercial passenger vessel that operates in the marine waters of the State solely in innocent passage. For purposes of this section, a vessel is engaged in innocent passage if its operation in marine waters of the State, regardless of whether the vessel is a United States or foreign-flag vessel, would constitute innocent passage under the United Nations Convention on the Law of the Sea 1982, December 10, 1982, United Nations Publication No. E.83.v.5, 21 I.L.M. 1261 (1982).

§342D-I Fees. (a) There is imposed an environmental compliance fee on each commercial passenger vessel operating in the marine waters of the State.

(b) The fee imposed by subsection (a) for all commercial passenger vessels, other than vessels operated by the State, is a separate fee for each voyage during which the commercial passenger vessel operates in the marine waters of the State. The fee shall range from $.70 to $1.75 per berth, based upon the overnight accommodation capacity of the vessel, determined with reference to the number of lower berths, according to the following categories:

(c) The fee imposed by subsection (a) for a commercial passenger vessel that is operated by this State shall be determined by the department of health.

(d) A commercial passenger vessel operating in the marine waters of the State is liable for the fee imposed by this section. The fee is due and payable to the department in the manner and at the times required by the department by rule.

§342D-J Commercial passenger vessel environmental compliance fund. (a) The commercial passenger vessel environmental compliance special fund is hereby created within the state treasury. The fund shall consist of the following, all of which shall be deposited into the fund upon receipt:

(b) The legislature shall make appropriations from the fund to the department to pay for the department's operational costs necessary to prepare reports that assess the information received by the department for the cruise ship seasons of 2005, 2006, 2007, and 2008 and for the department's operational costs necessary to carry out activities under this part relating to commercial passenger vessels.

(c) The unexpended and unobligated balance of an appropriation made from the fund to the department for the purposes described in subsection (b) shall lapse into the fund on December 31 following the end of the period for which the appropriation was made."

SECTION 3. The legislature finds that state legislation is needed to regulate ballast water discharges and air pollution from commercial passenger vessels. The legislative reference bureau is requested to research existing laws and legislative proposals of other jurisdictions in order to develop an appropriate framework for controlling ballast water discharges and air pollution from commercial passenger vessels. The legislative reference bureau is requested to report its findings and recommendations, including proposed legislation, to the legislature no later than twenty days before the convening of the Regular Session of 2006.

SECTION 4. If any provision of this Act, or the application thereof to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of the Act which can be given effect without the invalid provision or application, and to this end the provisions of this Act are severable.

SECTION 5. In codifying the new sections added by section 2 of this Act, the revisor of statutes shall substitute appropriate section numbers for the letters used in designating the new sections in this Act.

SECTION 6. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun, before its effective date.

SECTION 7. This Act shall take effect upon its approval.