STAND. COM. REP. NO. 286

Honolulu, Hawaii

RE:    S.B. No. 1515

       S.D. 1

Honorable Colleen Hanabusa

President of the Senate

Twenty-Fourth State Legislature

Regular Session of 2007

State of Hawaii

Madam:

     Your Committee on Transportation and International Affairs, to which was referred S.B. No. 1515 entitled:

"A BILL FOR AN ACT RELATING TO THE DEPARTMENT OF TRANSPORTATION,"

begs leave to report as follows:

     The purpose of this measure is to raise the fine from $10,000 to $27,500 for each violation of the State's harbors law (chapter 266, Hawaii Revised Statutes), any administrative rule adopted thereunder, or any lawful command of any harbor master, harbor agent, or harbor district manager.

     Your Committee received testimony in support of this measure from the Department of Transportation.

     Your Committee finds that the current fine of $10,000 needs to be raised to $27,500, the amount that federal environmental laws impose for fines by landowners for violations of its environmental regulations.  As the landowner of harbor facilities and lands, the Department of Transportation may be held liable by the federal government for the violation of federal environmental laws committed by harbor users or tenants.  Your Committee also finds that the measure will allow for a full recovery of fines imposed on the Department of Transportation, as the landowner, for violations of federal and state air and water pollution laws committed by harbor users and tenants.

     Your Committee has amended this measure by making technical, nonsubstantive amendments for purposes of clarity and style.

     As affirmed by the record of votes of the members of your Committee on Transportation and International Affairs that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 1515, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 1515, S.D. 1, and be referred to the Committee on Ways and Means.

Respectfully submitted on behalf of the members of the Committee on Transportation and International Affairs,

____________________________

J. KALANI ENGLISH, Chair