STAND. COM. REP. NO. 462

Honolulu, Hawaii

, 2005

RE: S.B. No. 1002

S.D. 1

 

 

Honorable Robert Bunda

President of the Senate

Twenty-Third State Legislature

Regular Session of 2005

State of Hawaii

Sir:

Your Committees on Energy, Environment, and International Affairs and Transportation and Government Operations, to which was referred S.B. No. 1002 entitled:

"A BILL FOR AN ACT RELATING TO CRUISE SHIPS,"

beg leave to report as follows:

The purpose of this measure is to establish standards for the discharge of graywater, other wastewater, and air emissions from cruise ships and commercial passenger vessels into the marine waters and air of the State. The measure provides for monitoring and recordkeeping, and provides criminal penalties for violations.

Testimony supporting the measure was received from two individuals. The Department of Health, which attached testimony provided by the Attorney General during the 2004 Legislature, Norwegian Cruise Lines, NCL America, and the North West Cruiseship Association offered testimony in opposition to the measure. The Office of Hawaiian Affairs and the Sierra Club provided comments.

Your Committees find that increased scrutiny of cruise ship and commercial passenger vessel voyages is necessary to protect the waters of the State from environmental degradation due to discharge of graywater and other wastewater, and air pollution. Your Committees further find that the measure provides a sensible regulatory scheme to protect the marine environment in the State. This measure has taken into account the concerns raised previously by the Attorney General regarding jurisdictional issues. Your Committees recognize that creating a regulatory scheme is an ongoing process, and this measure incorporates the work done in conjunction with the Environmental Protection Agency, Region 9, to address federal preemption concerns.

Your Committees have amended this measure by deleting language that would establish an environmental compliance fee and a commercial passenger vessel environmental compliance special fund. Your Committees have also amended the measure to delete reference to appropriations into, or out of, the proposed commercial passenger vessel environmental compliance special fund.

As affirmed by the records of votes of the members of your Committees on Energy, Environment, and International Affairs and Transportation and Government Operations that are attached to this report, your Committees are in accord with the intent and purpose of S.B. No. 1002, as amended herein, and recommend that it pass Second Reading in the form attached hereto as S.B. No. 1002, S.D. 1, and be referred to the Committee on Ways and Means.

Respectfully submitted on behalf of the members of the Committees on Energy, Environment, and International Affairs and Transportation and Government Operations,

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LORRAINE R. INOUYE, Chair

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J. KALANI ENGLISH, Chair