Report Title:

Department of Transportation; Fee Increase; Invasive Species

Description:

Increases Department of Transportation dockage, wharfage, and demurrage fees to an unspecified percentage to pay for the inspection of incoming vessels, cargo, and ballast water for invasive species; requires the Department of Transportation to work with the Department of Land and Natural Resources, which is the lead agency for the prevention and destruction of alien aquatic species. (HB197 HD1)

 

HOUSE OF REPRESENTATIVES

H.B. NO.

197

TWENTY-SECOND LEGISLATURE, 2003

H.D. 1

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

relating to invasive species.

 

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

SECTION 1. The legislature finds that the Hawaiian islands are the most isolated archipelago in the world. Because Hawaii's insular ecosystems are highly susceptible to change, non-indigenous species tend to take over quickly and have excellent survival rates. The legislature further finds that because Hawaii has the most federally listed endangered species and a high endemic rate of approximately twenty-five per cent, the State must be vigilant in preventing the introduction of invasive species. Already, about seventy per cent of Hawaii's alien aquatic species have arrived in Hawaii by ship.

The purpose of this Act is to prevent the introduction of invasive species from commercial shipping by providing for the inspection of incoming vessels, cargo, and ballast water.

SECTION 2. Section 187A-32, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

"(a) The department is designated as the lead state agency for preventing the introduction and carrying out the destruction of alien aquatic organisms through the regulation of ballast water discharges and hull fouling organisms. The department may establish an interagency team to address the concerns relating to alien aquatic organisms. The department shall work with the department of transportation in conducting marine inspections to mitigate or destroy alien aquatic organisms, hull fouling organisms, or other invasive species pursuant to sections 266-17(a) and 266-21.4(a)."

SECTION 3. Section 266-3, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:

"(b) The director may also adopt, amend, and repeal such rules as are necessary:

(1) For the proper regulation and control of all shipping in the commercial harbors belonging to or controlled by the State, and of the entry, departure, mooring, and berthing of vessels therein, and for the regulation and control of all other matters and things connected with such shipping;

(2) To prevent the discharge or throwing into commercial harbors of invasive species, rubbish, refuse, garbage, or other substances likely to affect water quality or that contribute to making such harbors unsightly, unhealthful, or unclean, or that are liable to fill up shoal or shallow waters in, near, or affecting the commercial harbors; and

(3) To prevent the escape of fuel or other oils or substances into the waters in, near, or affecting commercial harbors from any source point, including[,] but not limited to[,] any vessel or pipes or storage tanks upon the land."

SECTION 4. Section 266-17, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

"(a) The department of transportation shall adjust, fix, and enforce the rates assessable and chargeable by it in respect to dockage, wharfage, demurrage, and other rates and fees pertaining to harbors, wharves, and properties managed and operated by it so as to produce from the rates and fees, in respect to all harbors, wharves, and other properties, except those that are principally used for recreation or the landing of fish, revenues sufficient to:

(1) Pay when due the principal of and interest on all bonds and other obligations for the payment of which the revenue is or has been pledged, charged, or otherwise encumbered, or which are otherwise payable from the revenue or from a special fund maintained or to be maintained from the revenue, including reserves therefor, and to maintain the special fund in an amount at least sufficient to pay when due all bonds or other revenue obligations and interest thereon, which are payable from the special fund, including reserves therefor;

(2) Provide for all expenses of operation and maintenance of the properties, including reserves therefor, and the expenses of the department in connection with operation and maintenance; and

(3) Reimburse the general fund of the State for all bond requirements for general obligation bonds which are or have been issued for harbor or wharf improvements, or to refund any of the improvement bonds, excluding bonds, the proceeds of which were or are to be expended for improvements which are or will be neither revenue producing nor connected in their use directly with revenue producing properties.

In addition to any rate or fee with respect to dockage, wharfage, and demurrage imposed by this section, a surcharge of

per cent of the total rate or fee assessable and chargeable shall be collected by the department for marine inspections of incoming vessels, cargo, and ballast water to prevent the introduction of invasive species. The department may request the assistance of the department of land and natural resources to assist in the mitigation or destruction of any alien aquatic organisms, hull fouling organisms, or other invasive species pursuant to section 187A-32."

SECTION 5. Section 266-21.4, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

"(a) The department shall:

(1) [develop] Develop a list of minimum requirements for the marine inspection of vessels seeking permits to moor in state commercial harbors, including the inspection of incoming vessels, cargo, and ballast water to prevent the introduction of invasive species as may be required pursuant to section 187A-32;

(2) [approve] Approve qualified marine surveyors to inspect vessels seeking permits to moor in state commercial harbors[,]; and

(3) [approve] Approve a fee schedule for marine surveyors' inspections."

SECTION 6. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 7. This Act shall take effect upon its approval.