STAND. COM. REP. NO. 1040-20
RE: S.B. No. 2953
Honorable Scott K. Saiki
Speaker, House of Representatives
Thirtieth State Legislature
Regular Session of 2020
State of Hawaii
Your Committee on Water, Land, & Hawaiian Affairs, to which was referred S.B. No. 2953, S.D. 2, entitled:
"A BILL FOR AN ACT RELATING TO VESSELS,"
begs leave to report as follows:
The purpose of this measure is to clarify provisions regarding designation, impoundment, and disposal of unauthorized, abandoned, grounded, and derelict vessels on state property or in the waters of the State.
Your Committee received testimony in support of this measure from the Department of Land and Natural Resources, Waikiki Neighborhood Board, and one individual. Your Committee received comments on this measure from the Ocean Tourism Coalition.
Your Committee finds that abandoned, grounded, neglected, and derelict vessels pose significant risks to natural resources and public health and safety. Your Committee further finds that, under existing law, by the time the Department of Land and Natural Resources (DLNR) can begin to remove unauthorized, abandoned, grounded, or derelict vessels, the condition of the vessel has often deteriorated, further complicating removal efforts and increasing potential risks to natural resources and public health and safety. This measure amends provisions regarding the removal and impoundment of such vessels on state property or in state waters to facilitate faster responses by DLNR.
Your Committee has amended this measure by:
(1) Removing language allowing DLNR to impound and dispose any vessel moored, anchored, or stored in the waters of the State that is in violation of any departmental rule or law;
(2) Requiring the notice to an owner of a vessel that is in imminent danger of breaking up on certain sites to indicate that the owner must commence salvage operations, rather than remove the vessel, within twenty-four hours from the time the notice is posted;
(3) Changing the time in which an administrative hearing must be held by DLNR from within ten working days to five working days of delivery of the written request;
(4) Clarifying that a vessel shall be presumed abandoned if the vessel has been moored, anchored, or otherwise left unattended for more than seventy-two hours without a valid use permit;
(5) Changing the effective date to July 1, 2050, to encourage further discussion; and
(6) Making technical, nonsubstantive amendments for the purposes of clarity, consistency, and style.
As affirmed by the record of votes of the members of your Committee on Water, Land, & Hawaiian Affairs that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 2953, S.D. 2, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 2953, S.D. 2, H.D. 1, and be referred to your Committee on Judiciary.
Respectfully submitted on behalf of the members of the Committee on Water, Land, & Hawaiian Affairs,
RYAN I. YAMANE, Chair