STAND. COM. REP. NO. 355-04

Honolulu, Hawaii

, 2004

RE: H.B. No. 2190

H.D. 1

 

 

 

Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-Second State Legislature

Regular Session of 2004

State of Hawaii

Sir:

Your Committees on Economic Development and Business Concerns and Tourism and Culture and Energy and Environmental Protection, to which was referred H.B. No. 2190 entitled:

"A BILL FOR AN ACT RELATING TO ENVIRONMENTAL COMPLIANCE,"

beg leave to report as follows:

The purpose of this bill is to protect Hawaii's ocean environment by establishing a commercial passenger vessel environmental compliance program to monitor and regulate discharges from commercial passenger vessels into state waters.

Hawaii Audubon Society, Hui Ho'opakele Aina of Molokai, Life of the Land, and a concerned citizen supported this bill. Sierra Club, Hawaii Chapter, Bluewater Network, Earthjustice, and KAHEA supported this bill with amendments. NCL America and North West Cruiseship Association supported the intent of this measure. The Department of Health opposed this measure.

The federal Clean Water Act may preempt the State from regulating sewage discharge.

Your Committees have amended this bill by:

(1) Excluding sewage from the scope of this bill;

(2) Changing the effective date to January 1, 2050, to facilitate further discussion; and

(3) Making technical, nonsubstantive amendments for purposes of clarity, consistency, and style.

Your Committees realize that this bill is a work in progress and that additional amendments may be necessary as it goes through the legislative process. To allow the Legislature the flexibility to move this measure along, your Committees have kept the provision allowing the Department of Health to determine whether federal authorization is necessary before prohibiting certain discharges. Additionally, your Committees respectfully request the Committee on Transportation to continue to work with members of the cruise industry and the environmental community to address the federal preemption issue and other concerns raised by the interested parties.

As affirmed by the records of votes of the members of your Committees on Economic Development and Business Concerns and Tourism and Culture and Energy and Environmental Protection that are attached to this report, your Committees are in accord with the intent and purpose of H.B. No. 2190, as amended herein, and recommend that it pass Second Reading in the form attached hereto as H.B. No. 2190, H.D. 1, and be referred to the Committee on Transportation.

Respectfully submitted on behalf of the members of the Committees on Economic Development and Business Concerns and Tourism and Culture and Energy and Environmental Protection,

 

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JERRY L. CHANG, Chair

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BRIAN SCHATZ, Chair

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HERMINA M. MORITA, Chair