STAND. COM. REP. NO. 1067

Honolulu, Hawaii

, 2005

RE: S.B. No. 1002

S.D. 2

H.D. 1

 

 

 

Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-Third State Legislature

Regular Session of 2005

State of Hawaii

Sir:

Your Committee on Transportation, to which was referred S.B. No. 1002, S.D. 2, entitled:

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

begs 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 by, among other things:

(1) Regulating the discharge of sewage, graywater, other wastewater, and air emissions from commercial passenger vessels;

(2) Requiring operators of commercial passenger vessels to maintain records of discharges; and

(3) Requiring operators of commercial passenger vessels to report any prohibited discharges.

Earthjustice submitted testimony supporting the intent of the this bill. The Office of Hawaiian Affairs, Conservation Council for Hawaii, and Sierra Club - Hawaii Chapter testified in support of this bill with amendments. The Department of Health (DOH), Norwegian Cruise Lines, NCL America, and North West Cruiseship Association testified in opposition to this measure. A concerned individual submitted comments.

Hawaii has a unique marine environment and ecosystem known throughout the world. Our coastal waters not only serve as a food source for Hawaii's people, but they also play a vital role in the economy of the State, drawing thousands of visitors to these islands each year. Maintaining the viability of our marine ecosystem through the regulation of the numerous activities along our shoreline, such as the cruise ship industry, is an important endeavor that will not only affect today's citizens, but future generations as well.

Your Committee understands that the regulation of discharge into marine waters of this State is complex and involves numerous federal regulations. Your Committee also understands concerns raised by all interested parties. However, your Committee notes that a concurrent resolution to help address some of these concerns is currently being considered by the legislature and that the protection of Hawaii's fragile environment is paramount and a subject that is worthy of further discussion.

Accordingly, your Committee has amended this measure by deleting its contents and replacing it with language from H.B. No. 422, HD2. As amended, this bill, among other things:

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

(2) Eliminates the regulation of graywater discharge;

(3) 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 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;

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

(6) 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;

(7) 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;

(8) Clarifies that the state is permitted to enter into voluntary agreements (Memorandums of Understanding) with any owners or operators of commercial passenger vessels to control pollution outside the State's marine waters;

(9) Clarifies that the state is permitted to adopt pollution controls that are more stringent than those controls established in this bill; and

(10) Places the air emissions regulations under the more appropriate chapter 342B, Hawaii Revised Statutes, which regulates Air Pollution Control.

Technical, nonsubstantive amendments were also made for clarity, consistency, and style.

As affirmed by the record of votes of the members of your Committee on Transportation that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 1002, S.D. 2, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 1002, S.D. 2, H.D. 1, and be referred to the Committees on Energy & Environmental Protection and Water, Land, & Ocean Resources.

Respectfully submitted on behalf of the members of the Committee on Transportation,

 

____________________________

JOSEPH M. SOUKI, Chair