HOUSE OF REPRESENTATIVES
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AMENDMENT TO: |
HB1 |
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OFFERED BY: |
REPRESENTATIVE HERMINA M. MORITA |
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DATE: |
OCTOBER 26, 2007 |
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SECTION 1. House Bill No. 1 is amended by amending section 1 as follows:
1. Page 1: By amending lines 2 through 10 to read as follows:
"SECTION 1. (a) The
Hawaii supreme court has determined in Sierra Club v. Department of
Transportation, No. 27407, (August 31, 2007) that chapter 343, Hawaii
Revised Statutes, requires that an environmental assessment be performed with
respect to certain improvements at Kahului harbor intended for and to be used
by [a large capacity ferry vessel company] the Hawaii SuperFerry
to provide inter-island ferry service between the islands of Oahu, Maui, Kauai,
and Hawaii, using harbor facilities on each island, and that the environmental
assessment must [take into account] consider the secondary [effects]
impacts of the environment that may result from the use of the Hawaii
SuperFerry in conjunction with the use of the Kahului harbor
improvements."
2. Page 1: By deleting lines 11 through 18.
3. Page 2: By deleting lines 1 through 4.
4. Page 2, line 5: By deleting the word "further".
5. Page 2, line 8: By deleting the word "is" and inserting "may be".
6. Page 2, line 9: By deleting "a real and" and inserting "an".
7. Page 2: By deleting lines 11 through 21.
8. Page 3: By deleting lines 1 through 2.
9. Page 3, by amending lines 3 through 8 to read as follows:
"The
legislature also finds that [it is clearly in the public interest that]
a large capacity ferry vessel service [should] may commence [as
soon as possible,] without the benefit of full environmental disclosure
as required by section 343-1, Hawaii Revised Statutes, et. seq., provided that
it shall comply with all conditions contained in section 4, prior to the
commencement of the operations of a large capacity ferry vessel, and that
harbor improvements continue to be constructed and be allowed to be used, while
any environmental studies, including any environmental assessments or
environmental impact statements, are conducted."
10. Page 3: By deleting lines 9 through 18.
11. Page 3: By deleting the ":" on line 20 and deleting lines 21 through 22.
12. Page 4: By deleting lines 1 through 4.
13. Page 4, line 5: By deleting "(2)" and the word "The" and inserting "the".
14. Page 4, lines 14 through 15: By deleting "new policy, and further clarifies and amends existing law," and inserting "permitting procedure".
15. Page 4, line 16: By deleting "to provide that,".
16. Page 4, lines 17 through 18: By deleting "any required environmental review and studies, including environmental assessments or" and inserting the word "an" following the word "which"; and by deleting "statements," and inserting the word "statement" following the word "impact".
17. Page 4, line 19: By deleting "are" and inserting "is"; and by deleting ", and also following their completion:" and inserting "and approved by an accepting agency to provide that:"
18. Page 5, line 2: By deleting ";" and inserting: "as contained in section 4;".
19. Page 5, line 16: By deleting "barred, delayed".
20. Page 5, line 17: By deleting ", or interfered with paragraphs (1) through (3)." and inserting "and barred the operation of a large capacity ferry vessel."
21. Page 5, line 18: By deleting "and amends existing law" and inserting "the conditions a large capacity ferry may operate".
22. Page 8, line 5: By deleting "governor by executive order." and inserting "legislature through the certificate of public convenience and necessity regulated by the public utilities commission.".
23. Page 8, lines 6 through 9: By deleting "amend all relevant existing laws to" and "any environmental review and studies, including environmental assessments or environmental impact statements, are" and inserting "a process" following the word "provide" and "an environmental impact statement is" following the word "while".
24. Page 8, line 10: By deleting the word "their" and inserting "its".
SECTION 2. House Bill No. 1 is amended by amending section 3 as follows:
1. Page 9, line 21: By deleting ", 269, 271G,".
2. Page 10, line 14: By inserting "this Act and conditions stated herein including" following "subject to".
3. Page 10, line 18: By deleting ";" and inserting "that shall be consistent with section 4;" following the word "facilities".
4. Page 11, line 6: By deleting "," following "entities" and inserting "that are not inconsistent with this Act and conditions contained herein, regardless of".
5. Page 11, lines 15: By deleting the semicolon at the end of the sentence.
6. Page 11, line 16: By deleting "(5)" and "A" and inserting "as defined under chapters 269 and 271G, Hawaii Revised Statutes; provided that a".
7. Page 11, line 21: By deleting "(6)" and inserting "(5)".
8. Page 12, line 9: By deleting the period following "same" and inserting "; provided that the large capacity ferry vessel shall agree to and accept in writing the conditions stated herein".
SECTION 3. House Bill No. 1 is amended by amending section 4 as follows:
1. By amending subsections (a) and (b) to read as follows:
"(a) As a condition
precedent to the rights conferred by section 3 of this Act, [the governor
shall impose,] any large capacity ferry vessel company seeking to
operate pursuant to this Act shall comply with the following conditions that
shall be part of the certificate of public convenience and necessity:
(1) Regarding marine mammals:
(A) Apply with the National Oceanic and Atmospheric Administration for an incidental‑take permit;
(B) Request an observer from the National Marine Fisheries Service, a division of the National Oceanic and Atmospheric Administration, on the deck of its vessels at all times when traveling through the Hawaiian Islands Humpback Whale National Marine Sanctuary; and
(C) When traveling in waters less than two hundred fathoms in depth, operate at speeds less than thirteen knots;
(2) Regarding invasive species:
(A) Post signage and notify passengers beforehand of all bans, inspections, and check‑in procedures and deadlines;
(B) Post signage and notify passengers beforehand of all bans such as the ban on the transport of fishing gill nets and fishing nets for commercial use, or of rocks, soil, dirt, or sand without a permit from the appropriate government agency. For the purposes of this paragraph, "soil" or "dirt" shall exclude soil or dirt in potted plants inspected and cleared for transport by the department of agriculture;
(C) Require passengers to declare all plants, fruits, seeds, and any other biological medium and confiscate any agricultural pests or invasive species, as defined by the department of agriculture by rule;
(D) Promptly notify the appropriate governmental agency regarding any violation or potential violation of invasive species, agricultural, conservation, or other laws; and
(E) Conduct thorough undercarriage cleaning of all vehicles during embarkation at all ports to help dislodge seeds, insects, and animals. Undercarriage cleaning systems may employ an air, vacuum, brush, or liquid cleaning mechanism and shall include appropriate debris traps and filters.
Prior to the commencement of operations by a large capacity ferry vessel company pursuant to the right to operate conferred by section 3 of this Act, the public utilities commission shall notify the legislature of all conditions or protocols established pursuant to this subsection, including the entities consulted in establishing the conditions or protocols.
(b) Any large capacity ferry vessel company authorized to operate pursuant to this Act shall execute an agreement with the State, in a form acceptable to the attorney general, by which the large capacity ferry vessel company shall expressly agree to abide by any conditions or protocols established pursuant to this section.
(c) The public utilities commission may add conditions and protocols established under this section on a large capacity ferry vessel company's inter‑island operations prior to the completion of an environmental impact statement to ensure the reasonable, efficient, and expedient application of environmental protection measures set forth in this section.
The public utilities
commission, by means of [an executive order,] conditions to the
certificate of public convenience and necessity, and without regard to
chapter 91, Hawaii Revised Statutes, or any other provision of law[,] may
impose additional conditions and protocols on a large capacity ferry vessel
company's inter-island operations to mitigate significant environmental effects
that the [governor] public utilities commission determines[,
in the governor's judgment,] are likely to be caused by such inter-island
operations.
In
making such determinations, the [governor] public utilities
commission shall consider the effects such operations may have on:
(1) Ocean life and marine animals and plants, including a whale avoidance policy and procedures;
(2) Water resources and quality;
(3) Harbor infrastructure;
(4) Vehicular traffic;
(5) Public safety and security;
(6) Controlling the spread of invasive species;
(7) Cultural resources, including hunting, fishing, and native Hawaiian resources;
(8) Economic consequences and impact; and
(9) Any other natural
resource or community concern the [governor] public utilities
commission deems appropriate.
The governor [shall also]
by executive order, may consider establishing conditions and protocols
such as requiring department of agriculture inspectors and department of land
and natural resources conservation and resources enforcement personnel on each
inter-island voyage conducted by a large capacity ferry vessel company, as the
governor deems necessary and appropriate. The governor shall notify the
legislature of any conditions or protocols established, including the entities
consulted, within ten days of establishing the condition or protocol.
The governor shall also review and determine the efficacy and appropriateness of all conditions or protocols established pursuant to this section and report to the legislature at the end of each fiscal quarter of the State on the efficacy and appropriateness of all conditions or protocols established pursuant to this section and the costs incurred by the State in establishing and maintaining the enforcement activities required under this section.
[(b) Any
large capacity ferry vessel company authorized to operate pursuant to this Act
shall agree to abide by any conditions or protocols established by the governor
pursuant to this Act as a condition precedent to commencing its operations
authorized under this Act, in a form satisfactory to the attorney general.]"
2. By amending subsection (c) to read as follows:
"[(c)]
(d) The legislature reserves the sole right to:
(1) Review the adequacy of
any conditions or protocols imposed by the [governor] public
utilities commission under this Act; and
(2) Impose, by law, any
other conditions or protocols it deems necessary and appropriate to further
protect the state's environment or communities, or both, in addition to any
conditions or protocols imposed [by the governor] under this Act."
SECTION 4. House Bill No. 1 is amended by amending section 7 as follows:
1. Page 15, lines 11 through 12: By deleting "any program or project that is proposed or completed by the department and covered by this part." and inserting "the operations of a large capacity ferry vessel.".
2. Page 15, lines 20 through 22: By deleting "any department, office, board, or commission of the state or county government which is a part of the executive branch of that government." and inserting 'the public utilities commission.".
3. Page 16: By deleting line 16.
SECTION 5. House Bill No. 1 is amended by amending section 8 as follows:
1. Page 19, line 6: By deleting "department of transportation" and inserting "operator of a large capacity ferry vessel".
2. Page 19, lines 7 through 13: By deleting "for the improvements made or to be made to commercial harbors throughout the state that require the expenditure of public funds to accommodate the use thereof by a large capacity ferry vessel company and the secondary effects of those operations on the state's environment, including the operation of the large capacity ferry vessel company." and inserting "." following the word "statement".
SECTION 6. House Bill No. 1 is amended by amending section 9 as follows:
1. Page 19, line 15: By deleting "department" and inserting "large capacity ferry vessel".
2. Page 20, line 12: By deleting "department" and inserting "large capacity ferry vessel".
3. Page 21, lines 20 and 22: By deleting "department" and inserting "large capacity ferry vessel".
4. Page 22, lines 5 and 8: By deleting "department" and inserting "large capacity ferry vessel".
SECTION 7. House Bill No. 1 is amended by amending section 10 at page 26, line 1, as follows: By deleting "department" and inserting "large capacity ferry vessel".
SECTION 8. House Bill No. 1 is amended by amending section 11 as follows:
1. Page 32, line 20: By deleting "department" and inserting "large capacity ferry vessel".
2. Page 33, lines 1 and 5: By deleting "department" and inserting "large capacity ferry vessel".
3. Page 34, lines 1 and 4: By deleting "department" and inserting "large capacity ferry vessel".
4. Page 35, lines 2, 3, 6, 7, 10, 14, and 19: By deleting "department" and inserting "large capacity ferry vessel".
5. Page 36, lines 8 and 12: By deleting "department" and inserting "large capacity ferry vessel".
6. Page 37, line 5: By deleting "department's" and inserting "large capacity ferry vessel's".
SECTION 9. House Bill No. 1 is amended by amending section 12 as follows:
1. Page 37, line 17: By deleting "office" and inserting "agency".
2. Page 37, line 18: By deleting "office's" and inserting "agency's"; and by deleting "department" and inserting "large capacity ferry vessel".
3. Page 37, line 21: By deleting "department," and inserting "large capacity ferry vessel,".
4. Page 38, line 4: By deleting "department's" and inserting "large capacity ferry vessel's".
5. Page 38, line 13: By deleting "office" and inserting "agency".
6. By amending subsection (e) to read as follows:
"(e) Upon [acceptance or non-acceptance]:
(1) Acceptance
of the environmental impact statement[, a]:
(A) A notice of the
determination shall be filed by the [office with the department] agency;
(B) The office shall publish notice of the determination of acceptance in the periodic bulletin; and
(C) The agency shall open the docket for the certificate of public convenience and necessity to address additional conditions to be included in the certificate of public convenience and necessity to mitigate any negative impacts identified in the environmental impact statement; or
(2) Non‑acceptance of the environmental impact statement:
(A) A notice of the determination shall be filed by the agency; and
(B) The office shall
publish notice of the determination of non‑acceptance in the periodic
bulletin. For any non-accepted statement, the notice shall contain
specific findings and reasons for non-acceptance. [The office shall publish
notice of the determination of acceptance or non-acceptance in the periodic
bulletin.]"
7. Page 39, line 12: By deleting "department" and inserting "large capacity ferry vessel"; and by deleting "office." and inserting "agency.".
8. Page 40, line 3: By deleting "department" and inserting "large capacity ferry vessel".
9. Page 40, line 4: By deleting "office" and inserting "agency".
10. Page 40, line 5: By deleting "department's" and inserting "large capacity ferry vessel's".
SECTION 10. House Bill No. 1 is amended by amending section 13 as follows: By deleting page 40, line 10 through page 44, line 3.
SECTION 11. House Bill No. 1 is amended by amending section 14 at page 44, line 4, as follows: By deleting "14" and inserting "13".
SECTION 12. House Bill No. 1 is amended by amending section 15 as follows:
1. Page 45, line 1: By deleting "15" and inserting "14".
2. Page 45, line 19: By deleting "." following "Act" and inserting "; provided that it is consistent with this Act and the conditions contained herein.".
SECTION 13. House Bill No. 1 is amended by amending section 16 at page 46, line 6, as follows: By deleting "16" and inserting "15".
SECTION 14. House Bill No. 1 is amended by amending section 17 at page 47, line 8, as follows: By deleting "17" and inserting "16".
SECTION 15. House Bill No. 1 is amended by amending section 18 as follows:
1. Page 47, line 14: By deleting "18" and inserting "17".
2. Page 48, line 2: By deleting "department of transportation" and inserting "operator of the large capacity ferry vessel".
3. Page 48, line 3: By deleting "office of environmental quality control" and inserting "agency".
4. Page 48, line 7: By deleting "16" and inserting "15".
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