REPORT Title:

Department of Transportation

Description:

Requires any commercial harbor tenant or user who violates any federal, state, or county law or rule relating to environmental protection and thereby causes an environmental fine to be levied upon the Department of Transportation (DOT) to reimburse the DOT.  (SB1515 HD2)

THE SENATE	S.B. NO.	1515
TWENTY-FOURTH LEGISLATURE, 2007		S.D. 2
STATE OF HAWAII		H.D. 2

A BILL FOR AN ACT

RELATING TO THE DEPARTMENT OF TRANSPORTATION.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

     SECTION 1.  The legislature finds that all users and tenants of state harbor and other harbor facilities are required to comply with all applicable federal, state, or county laws, ordinances, and rules.  This bill proposes an obligation on a harbor user or tenant who is responsible for a violation of applicable environmental protection laws that results in a fine assessed against the State to reimburse the entire amount of the fine to the State.

     SECTION 2.  Chapter 266, Hawaii Revised Statutes, is amended by adding a new section to part I to be appropriately designated and to read as follows:

     "§266-    Fines arising from environmental protection violations. Notwithstanding any other law to the contrary, any commercial harbor tenant or user, including any shipper or shipping agent, who violates any federal, state, or county law or rule relating to environmental protection and thereby causes a fine to be levied upon the department, shall reimburse the department for the entire amount of the fine.  The department may take such actions necessary to collect any amount reimbursable under this section, and may also demand reimbursement for costs or expenses incurred by the department resulting from enforcement of this section."

     SECTION 3.  New statutory material is underscored.

     SECTION 4.  This Act shall take effect on January 1, 2112.