H.B. NO.














relating to the environment.





SECTION 1. The legislature finds that oil spills are a serious environmental threat to Hawaii. Not only does oil pollution threaten Hawaii's delicate ecosystem, but a major oil spill can affect the beaches and environment that the State relies on for tourism.

To prevent oil spills, several states, most notably Washington, have prebooming requirements. Prebooming involves surrounding fuel barges with containment devices before and during fuel transfer in case of an accident. Recently, in Port Angeles, Washington, prebooming of a fuel barge before fueling began helped contain the spill of bunker fuel that spilled into the bay. Since 2007, Washington state law has required companies to circle vessels with protective boom every time they refuel.

The purpose of this Act is to prevent oil spills from polluting Hawaii harbors by requiring all fuel barges to be surrounded by oil spill protective boom during loading operations.

SECTION 2. Chapter 266, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"266-   Marine transfer facilities; transfer of hazardous substances. (a) These standards apply to all hazardous substance transfers from fuel barges to marine transfer facilities in state harbors.

(b) If hazardous substances are transferred at a marine transfer facility, there shall be kept available a length of flotation boom or other containment device sufficient to totally enclose a vessel while engaged in the transfer of hazardous substances from a vessel to the facility, from the facility to a vessel, or between vessels. When transferring hazardous substances between vessels, the containment device shall be capable of encircling both vessels.

(c) A containment device shall be deployed by the boom boat crew prior to commencing the transfer of any hazardous substance when current and wind conditions permit the effective use of such devices and the device can be safely deployed without endangering any personnel, any vessel, or obstructing any shipping channel.

(d) When conditions including the presence or imminent occurrence of high surf, flooding, tsunami, or hurricane prevent the immediate deployment of a containment device, such containment device shall be maintained by the boom boat crew on a standby basis during the transfer for rapid deployment in the event of a discharge.

(e) When transferring hazardous substances to or from a vessel that is moored to a dock, the containment device is to encircle the entire vessel except for the area of the dock the vessel sits adjacent to, if the dock is capable of acting as an effective barrier.

(f) The containment device shall be deployed not less than fifteen feet from the vessel prior to commencement of the transfer operation, except in the case where a dock may act as part of the containment, and shall be maintained in a manner that minimizes the potential for any discharged hazardous substance from leaving the contained area.

(g) Prior to the removal of a deployed containment device, all discharged hazardous substances contained by the device shall be properly cleaned up and removed.

(h) Any containment device deployed shall be retrieved and properly secured by the boom boat crew upon completion of the transfer, or at such time as it is no longer needed to prevent the spread of or to divert a discharge. If the containment device is contaminated, it shall be properly cleaned or disposed of.

(i) The boom boat crew shall be able to quickly disconnect the containment device in the event of an emergency.

(j) Containment devices and associated equipment, including the equipment used to deploy the containment device, shall be of the appropriate size and design for the environmental conditions encountered in the transfer area based on the manufacturer's specifications.

(k) To meet the requirements of this section, the owner or operator of the marine transfer facility shall have a boom boat crew trained in the proper use and maintenance of containment devices and recovery equipment and record the beginning and ending times of containment device deployment.

(l) For purposes of this section:

"Boom boat crew" means individuals employed by or under contract with a marine transfer facility who are trained in and responsible for deploying and maintaining containment devices.

"Containment device" means a flotation boom or other effective barrier containment material suitable for containment of hazardous substances discharged onto the surface of the water.

"Fuel barge" means any vessel that carries oil or a hazardous substance in bulk as cargo or in residue.

"Hazardous substance" means oil, petroleum, petroleum product, or other non-miscible lighter-than-water substance.

"Marine transfer facility" means a facility or harbor that receives hazardous substances from fuel barges."

SECTION 3. New statutory material is underscored.

SECTION 4. This Act shall take effect on January 1, 2014.




















Report Title:

Oil; Loading; Oil Booms; Harbors; Containment Device; Petroleum



Requires that all loading operations of oil petroleum, petroleum products, and other non-miscible lighter-than-water substances in any state harbor must be surrounded by containment devices.




The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.