CONFERENCE COMMITTEE REP. NO. 29

Honolulu, Hawaii

                 , 2017

RE:    S.B. No. 992

       S.D. 2

       H.D. 1

       C.D. 1

Honorable Ronald D. Kouchi

President of the Senate

Twenty-Ninth State Legislature

Regular Session of 2017

State of Hawaii

Honorable Joseph M. Souki

Speaker, House of Representatives

Twenty-Ninth State Legislature

Regular Session of 2017

State of Hawaii

Sirs:

     Your Committee on Conference on the disagreeing vote of the Senate to the amendments proposed by the House of Representatives in S.B. No. 992, S.D. 2, H.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO VESSELS AGROUND,"

having met, and after full and free discussion, has agreed to recommend and does recommend to the respective Houses the final passage of this bill in an amended form.

     The purpose of this measure is to clarify that the Department of Land and Natural Resources (DLNR) may assume immediate control of:

     (1)  A vessel that is grounded on state submerged land, a shoreline, or a coral reef, or in imminent danger of breaking up, if the vessel cannot be removed by the owner within twenty-four hours of grounding; and

     (2)  A vessel not in imminent danger of breaking up that is grounded on a sand beach, sandbar, or mudflat that is not removed by the owner in a manner that is reasonably safe within seventy-two hours of the owner or owner's representative receiving notice from DLNR;

provided that the foregoing shall not apply if the owner or owner's representative has received notice from DLNR and has commenced effective salvage operations.

     Your Committee on Conference finds that DLNR is currently authorized to assume control of and remove a vessel that is grounded on a coral reef or in imminent danger of breaking up once the owner of the vessel has been given notice and an opportunity to safely remove the vessel in accordance with DLNR guidelines, pursuant to section 200-47.5, Hawaii Revised Statutes.  However, your Committee on Conference notes that DLNR's current authority to assume control of and remove a vessel grounded on state submerged lands or a shoreline, or grounded on a sand beach, sandbar, or mudflat and not in imminent danger of breaking up, is unclear.  Leaving vessels grounded in these locations can pose environmental and public safety risks.  Clarifying and expanding DLNR's control of removing grounded vessels is necessary as a public safety measure that will significantly reduce avoidable impacts to Hawaii's nearshore and coastal environment.

     Your Committee on Conference has amended this measure by inserting an effective date of September 1, 2017.

     As affirmed by the record of votes of the managers of your Committee on Conference that is attached to this report, your Committee on Conference is in accord with the intent and purpose of S.B. No. 992, S.D. 2, H.D. 1, as amended herein, and recommends that it pass Final Reading in the form attached hereto as S.B. No. 992, S.D. 2, H.D. 1, C.D. 1.

Respectfully submitted on behalf of the managers:

ON THE PART OF THE HOUSE

ON THE PART OF THE SENATE

____________________________ KANIELA ING Co-Chair	____________________________ KARL RHOADS Chair
____________________________ JOY A. SAN BUENAVENTURA Co-Chair	____________________________ LAURA H. THIELEN Co-Chair
____________________________ CEDRIC ASUEGA GATES Co-Chair	____________________________ GIL RIVIERE Co-Chair