HB 1159: Department of Transportation; Commercial Harbors; Evacuation Orders; Emergencies; Working Group; Report

A BILL FOR AN ACT

RELATING TO COMMERCIAL HARBORS.

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

     SECTION 1.  (a)  There is established the commercial

harbors emergency evacuation working group within the department of transportation for administrative purposes.

     (b)  The working group shall:

     (1)  Review current federal and state laws regarding emergency evacuation procedures for commercial harbors;

     (2)  Determine whether there is adequate space in commercial harbors for all vessels to moor should they be required to evacuate Honolulu harbor and come up with a comprehensive mooring plan; and

     (3)  Review and evaluate whether current federal and state penalties are sufficient to ensure compliance with emergency evacuation orders for commercial harbors.

     (c)  The working group shall consist of the following:

     (1)  The deputy director of the harbors division of the department of transportation who shall serve as chair of the working group;

     (2)  The chairs of the senate and house of representatives standing committees whose subject matter purview includes transportation;

     (3)  The United States Coast Guard captain of the port Honolulu sector, to be invited by the chair of the working group; and

     (4)  Users of the commercial harbors that are invited by the chair of the working group including but not limited to transpacific ocean carriers, interisland ocean carriers, a representative of the Hawaii Longline Association, a representative of the United Fishing Agency, cruise line operators, and tug and barge operators.

     (d)  The chair of the working group shall provide an option to attend each meeting remotely.

     (e)  The members of the working group shall serve without compensation; provided that members who are employees of the State shall be reimbursed for expenses, including travel expenses, necessary for the performance of their duties.  No member of the working group shall be subject to chapter 84, Hawaii Revised Statutes, solely because of the member's participation in the working group.

     (f)  The working group shall submit a report of its findings and recommendations, including any proposed legislation, to the legislature no later than twenty days prior to the convening of the regular session of 2027.

     (g)  The department of transportation shall provide necessary administrative support to the working group in carrying out their duties, including facilitating stakeholder engagement, arranging informational briefings, coordinating relevant site visits, and preparation of the report pursuant to subsection (f).

     (h)  The working group shall be dissolved on June 30, 2027.

     SECTION 2.  This Act shall take effect upon its approval.

Report Title:

Department of Transportation; Commercial Harbors; Evacuation Orders; Emergencies; Working Group; Report

Description:

Establishes a Commercial Harbors Emergency Evacuation Working Group.  Requires a report to the Legislature.  (CD1)

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

A BILL FOR AN ACT

RELATING TO COMMERCIAL HARBORS.

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

     SECTION 1.  (a)  There is established the commercial

harbors emergency evacuation working group within the department of transportation for administrative purposes.

     (b)  The working group shall:

     (1)  Review current state and federal laws regarding emergency evacuation procedures for commercial harbors;

     (2)  Determine whether there is adequate space in commercial harbors for all vessels to moor should they be required to evacuate Honolulu harbor and come up with a comprehensive mooring plan; and

   (3) Review and evaluate whether current state and federal penalties are sufficient to ensure compliance with emergency evacuation orders for commercial harbors.

     (c)  The working group shall consist of the following individuals:

     (1)  The deputy director of the department of transportation harbors division who shall serve as chair of the working group;

     (2)  The chairs of the senate and house of representatives standing committees whose subject matter purview includes transportation;

     (3)  The United States Coast Guard captain of the port Honolulu sector, to be invited by the chair of the working group; and

     (4)  All users of the commercial harbors, to be invited by the chair of the working group, including but not limited to transpacific ocean carriers; interisland ocean carriers; a representative of the Hawaii longline association; a representative of the united fishing agency; cruise line operators; and tug and barge operators.

     (d)  The chair of the working group shall provide an option to attend each meeting remotely.

     (e)  The members of the working group shall serve without compensation; provided that members who are employees of the State shall be reimbursed for expenses, including travel expenses, necessary for the performance of their duties.  No member of the working group shall be subject to chapter 84, Hawaii Revised Statutes, solely because of the member's participation in the working group.

     (f)  The working group shall submit a report of its findings and recommendations, including any proposed legislation, to the legislature no later than twenty days prior to the convening of the regular session of 2027.

     (g)  The department of transportation shall provide necessary administrative support to the working group in carrying out their duties, including preparation of the report pursuant to subsection (f).

     (h)  The working group shall be dissolved on June 30, 2027.

     SECTION 2.  This Act shall take effect on July 1, 3000.

Report Title:

Department of Transportation; Commercial Harbors; Evacuation Orders; Emergencies; Working Group; Report

Description:

Establishes a Commercial Harbors Emergency Evacuation Working Group.  Requires a report to the Legislature.  Effective 7/1/3000.  (SD1)

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

A BILL FOR AN ACT

RELATING TO COMMERCIAL HARBORS.

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

     SECTION 1.  Chapter 266, Hawaii Revised Statutes, is amended by adding a new section to part I to be appropriately designated and to read as follows:

     "§266-     Order to evacuate a commercial harbor; penalties.  (a)  During an emergency, any master or person in charge of a vessel using the commercial waterways and facilities under the jurisdiction of the department of transportation shall comply with and carry into effect any evacuation order from a commercial harbor issued by the harbor master assigned to that commercial harbor.

     (b)  Notwithstanding any law to the contrary, any person, including but not limited to a vessel master, agent, owner, or crew, who violates this section shall be fined $10,000 for each day of violation per vessel to be deposited into the harbor special fund pursuant to section 266-19; provided that in addition to the fines, a court, the department of transportation, or a hearings officer may deprive the offender of the privilege of entering the secured area of a commercial harbor or obtaining an operating or mooring permit for any vessel in a commercial harbor for a period of one year.

     (c)  As used in this section:

     "Emergency" has the same meaning as in section 127A-2.

     "Evacuation" means the immediate and rapid movement of individuals and vessels away from the threat or actual occurrence of any hazard, emergency, or disaster, which includes leaving any commercial harbor under the jurisdiction of the department of transportation.

     "Harbor master" means any person appointed to that office by the director of transportation and vested with the operational control of a state commercial harbor and includes any harbor district manager, commercial harbors manager, and harbor agent.

     "Vessel" includes all description of watercraft that are used or are capable of being used as a means of transportation on or in the water."

     SECTION 2.  Section 266-19, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

     "(a)  There [is] shall be created in the treasury of the State the harbor special fund.  All moneys received by the department of transportation from the rates, fees, fines, and administrative penalties pursuant to sections 266-17(a)(1), 266-25, 266-28, [and] 266-30, and 266-    shall be paid into the harbor special fund.  The harbor special fund and the second separate harbor special fund heretofore created shall be consolidated into the harbor special fund at such time as there are no longer any revenue bonds payable from the second separate harbor special fund.  The harbor reserve fund heretofore created is abolished.

     All moneys derived pursuant to this chapter from harbor properties of the statewide system of harbors shall be paid into the harbor special fund and each fiscal year shall be appropriated, applied, or expended by the department of transportation for the statewide system of harbors for any purpose within the jurisdiction, powers, duties, and functions of the department of transportation related to the statewide system of harbors, including, without limitation, the costs of operation, maintenance, and repair of the statewide system of harbors and reserves therefor, and acquisitions (including real property and interests therein), constructions, additions, expansions, improvements, renewals, replacements, reconstruction, engineering, investigation, and planning, for the statewide system of harbors, all or any of which in the judgment of the department of transportation are necessary to the performance of its duties or functions."

     SECTION 3.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 4.  This Act shall take effect on July 1, 3000.

Report Title:

Department of Transportation; Commercial Harbor; Evacuation Orders; Emergencies; Harbor Special Fund

Description:

Requires masters or persons in charge of vessels to follow an order by a harbor master to evacuate a commercial harbor in emergencies.  Establishes higher penalties for noncompliance.  Requires fines collected for violations to be paid into the Harbor Special Fund.  Effective 7/1/3000.  (HD2)

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

A BILL FOR AN ACT

RELATING TO COMMERCIAL HARBORS.

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

     SECTION 1.  Chapter 266, Hawaii Revised Statutes, is amended by adding a new section to part I to be appropriately designated and to read as follows:

     "§266-     Order to evacuate a commercial harbor; penalties.  (a)  During an emergency, any master or person in charge of a vessel using the commercial waterways and facilities under the jurisdiction of the department of transportation shall comply with and carry into effect any evacuation order from a commercial harbor issued by the harbor master assigned to that commercial harbor.

     (b)  Notwithstanding any law to the contrary, any person, including but not limited to a vessel master, agent, owner, or crew, who violates this section shall be fined $10,000 for each day of violation per vessel to be deposited into the harbor special fund pursuant to section 266-19; provided that in addition to the fines, a court, the department of transportation, or a hearing officer may deprive the offender of the privilege of entering the secured area of a commercial harbor or obtaining an operating or mooring permit for any vessel in a commercial harbor for a period of one year.

     (c)  For purposes of this section:

     "Emergency" has the same meaning as in section 127A-2.

     "Evacuation" means the immediate and rapid movement of individuals and vessels away from the threat or actual occurrence of any hazard, emergency, or disaster, which includes leaving any commercial harbor under the jurisdiction of the department of transportation.

     "Harbor master" means any person appointed to that office by the director of transportation and vested with the operational control of a state commercial harbor and includes any harbor district manager, commercial harbors manager, and harbor agent.

     "Vessel" includes all description of watercraft that are used or are capable of being used as a means of transportation on or in the water."

     SECTION 2.  Section 266-19, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

     "(a)  There is created in the treasury of the State the harbor special fund.  All moneys received by the department of transportation from the rates, fees, fines, and administrative penalties pursuant to sections 266-17(a)(1), 266-25, 266-28, [and] 266-30, and 266-    shall be paid into the harbor special fund.  The harbor special fund and the second separate harbor special fund heretofore created shall be consolidated into the harbor special fund at such time as there are no longer any revenue bonds payable from the second separate harbor special fund.  The harbor reserve fund heretofore created is abolished.

     All moneys derived pursuant to this chapter from harbor properties of the statewide system of harbors shall be paid into the harbor special fund and each fiscal year shall be appropriated, applied, or expended by the department of transportation for the statewide system of harbors for any purpose within the jurisdiction, powers, duties, and functions of the department of transportation related to the statewide system of harbors, including, without limitation, the costs of operation, maintenance, and repair of the statewide system of harbors and reserves therefor, and acquisitions (including real property and interests therein), constructions, additions, expansions, improvements, renewals, replacements, reconstruction, engineering, investigation, and planning, for the statewide system of harbors, all or any of which in the judgment of the department of transportation are necessary to the performance of its duties or functions."

     SECTION 3.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 4.  This Act shall take effect on July 1, 3000.

Report Title:

Department of Transportation; Commercial Harbor; Evacuation Orders; Emergencies; Harbor Special Fund

Description:

Requires masters or persons in charge of vessels to follow an order by a harbor master to evacuate a commercial harbor in emergencies.  Establishes higher penalties for noncompliance.  Includes fines collected for violations to be paid into the Harbor Special Fund.  Effective 7/1/3000.  (HD1)

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

A BILL FOR AN ACT

RELATING TO COMMERCIAL HARBORS.

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

     SECTION 1.  Chapter 266, Hawaii Revised Statutes, is amended by adding to part I a new section to be appropriately designated and to read as follows:

     "§266-     Order to evacuate a commercial harbor; penalties.  (a)  During an emergency, any master or person in charge of a vessel using the commercial waterways and facilities under the jurisdiction of the department of transporation shall comply with and carry into effect any evacuation order from a commercial harbor issued by the harbor master assigned to that commercial harbor.

     (b)  Notwithstanding any law to the contrary, any person, including but not limited to a vessel master, agent, owner, or crew, who violates this section shall be fined $10,000 for each day of violation per vessel; provided that in addition to the fines, a court, the department of transportation, or a hearing officer may deprive the offender of the privilege of entering the secured area of a commercial harbor or obtaining an operating or mooring permit for any vessel in a commercial harbor for a period of one year.

     (c)  When used in this chapter, unless context otherwise requires:

     "Emergency" has the same meaning as in section 127A-2.

     "Evacuation" means the immediate and rapid movement of individuals and vessels away from the threat or actual occurrence of any hazard, emergency, or disaster, which includes leaving any commercial harbor under the jurisdiction of the department of transportation.

     "Harbor master" means any person appointed to that office by the director of transportation and vested with the operational control of a state commercial harbor and includes any harbor district manager, commercial harbors manager, and harbor agent.

     "Vessel" includes all description of watercraft that are used or are capable of being used as a means of transportation on or in the water."

     SECTION 2.  Section 266-19, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

     "(a)  There is created in the treasury of the State the harbor special fund.  All moneys received by the department of transportation from the rates, fees, fines, and administrative penalties pursuant to sections 266-17(a)(1), 266-25, 266-28, [and] 266-30, and 266-    shall be paid into the harbor special fund.  The harbor special fund and the second separate harbor special fund heretofore created shall be consolidated into the harbor special fund at such time as there are no longer any revenue bonds payable from the second separate harbor special fund.  The harbor reserve fund heretofore created is abolished.

     All moneys derived pursuant to this chapter from harbor properties of the statewide system of harbors shall be paid into the harbor special fund and each fiscal year shall be appropriated, applied, or expended by the department of transportation for the statewide system of harbors for any purpose within the jurisdiction, powers, duties, and functions of the department of transportation related to the statewide system of harbors, including, without limitation, the costs of operation, maintenance, and repair of the statewide system of harbors and reserves therefor, and acquisitions (including real property and interests therein), constructions, additions, expansions, improvements, renewals, replacements, reconstruction, engineering, investigation, and planning, for the statewide system of harbors, all or any of which in the judgment of the department of transportation are necessary to the performance of its duties or functions."

     SECTION 3.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 4.  This Act shall take effect upon its approval.

Report Title:

Department of Transportation; Commercial Harbor; Evacuation Orders; Emergencies

Description:

Specifically requires masters or persons in charge of vessels to follow an order by a harbor master to evacuate a commercial harbor in emergencies.  Establishes higher penalties for noncompliance.  Amends section 266-19(a) to include fines collected for violations of this section as moneys to be paid into the Special Harbor Fund.

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

CONFERENCE COMMITTEE REP. NO. 210

Honolulu, Hawaii

                 , 2025

RE:    H.B. No. 1159

       H.D. 2

       S.D. 1

       C.D. 1

Honorable Nadine K. Nakamura

Speaker, House of Representatives

Thirty-Third State Legislature

Regular Session of 2025

State of Hawaii

Honorable Ronald D. Kouchi

President of the Senate

Thirty-Third State Legislature

Regular Session of 2025

State of Hawaii

Madam and Sir:

     Your Committee on Conference on the disagreeing vote of the House of Representatives to the amendments proposed by the Senate in H.B. No. 1159, H.D. 2, S.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO COMMERCIAL HARBORS,"

having met, and after full and free discussion, has agreed to recommend and does recommend to the respective Houses the final passage of this bill in an amended form.

     The purpose of this measure is to establish a Commercial Harbors Emergency Evacuation Working Group.

     Your Committee on Conference has amended this measure by:

     (1)  Clarifying the Department of Transportation's required administrative support to the Working Group;

     (2)  Changing the effective date to upon approval; and

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

     As affirmed by the record of votes of the managers of your Committee on Conference that is attached to this report, your Committee on Conference is in accord with the intent and purpose of H.B. No. 1159, H.D. 2, S.D. 1, as amended herein, and recommends that it pass Final Reading in the form attached hereto as H.B. No. 1159, H.D. 2, S.D. 1, C.D. 1.

Respectfully submitted on behalf of the managers:

STAND. COM. REP. NO. 1800

Honolulu, Hawaii

RE:    H.B. No. 1159

       H.D. 2

       S.D. 1

Honorable Ronald D. Kouchi

President of the Senate

Thirty-Third State Legislature

Regular Session of 2025

State of Hawaii

Sir:

     Your Committees on Judiciary and Ways and Means, to which was referred H.B. No. 1159, H.D. 2, S.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO COMMERCIAL HARBORS,"

beg leave to report as follows:

     The purpose and intent of this measure is to:

     (1)  Establish a Commercial Harbors Emergency Evacuation Working Group; and

     (2)  Require a report to the Legislature.

     Your Committees received testimony in support of this measure from the Department of Transportation; Matson Navigation Company, Inc.; and Hawaii Longline Association.

     Your Committees received comments on this measure from the Hawaiʻi Emergency Management Agency.

     Your Committees find that it is essential that commercial harbor users evacuate commercial harbors upon the orders of the Harbor Master.  However, unclear orders and procedures may lead some vessels to remain in the harbor, causing damages and impeding the delivery of cargo, which is critical to the local economy.  Clear evacuation requirements, plans, and penalties are therefore critical to ensuring public safety and minimizing damage during an emergency.  Accordingly, this measure establishes a working group to review and evaluate current emergency evacuation regulations.

     As affirmed by the records of votes of the members of your Committees on Judiciary and Ways and Means that are attached to this report, your Committees are in accord with the intent and purpose of H.B. No. 1159, H.D. 2, S.D. 1, and recommend that it pass Third Reading.

Respectfully submitted on behalf of the members of the Committees on Judiciary and Ways and Means,

STAND. COM. REP. NO. 1314

Honolulu, Hawaii

RE:    H.B. No. 1159

       H.D. 2

       S.D. 1

Honorable Ronald D. Kouchi

President of the Senate

Thirty-Third State Legislature

Regular Session of 2025

State of Hawaii

Sir:

     Your Committee on Transportation and Culture and the Arts, to which was referred H.B. No. 1159, H.D. 2, entitled:

"A BILL FOR AN ACT RELATING TO COMMERCIAL HARBORS,"

begs leave to report as follows:

     The purpose and intent of this measure is to:

     (1)  Require masters or persons in charge of vessels to follow an order by a harbor master to evacuate a commercial harbor in emergencies;

     (2)  Establish higher penalties for noncompliance; and

     (3)  Require fines collected for violations to be paid into the Harbor Special Fund.

     Your Committee received testimony in support of this measure from the Department of Transportation and Hawaiʻi Emergency Management Agency.

     Your Committee received testimony in opposition to this measure from the Hawaii Longline Association.

     Your Committee received comments on this measure from Matson Navigation Company, Inc.

     Your Committee finds that commercial harbors play a critical role in the State's economy and supply chain structure.  In times of emergency, it is essential that commercial harbor users evacuate the commercial harbors when ordered to by the harbor master to prevent damage to essential port infrastructure.  Your Committee further finds that there have been instances when the United States Coast Guard has closed a commercial harbor as part of an emergency response, and persons responsible for a vessel have not followed the harbor master's order to evacuate.  Therefore, this measure will address the issues marine vessels face during times requiring a commercial harbor evacuation.

     Your Committee notes the conflicting concerns raised in testimony regarding best harbor safety practices during emergencies.  While proper evacuations could help mitigate damage to port infrastructure, for small watercraft vessels, evacuating during storms can be dangerous.  Your Committee acknowledges that due to multiple concerns brought by testifiers, a working group dedicated to studying these issues is a preferable approach to address these issues.

Accordingly, your Committee has amended this measure by deleting its contents and inserting language that:

     (1)  Establishes the Commercial Harbors Emergency Evacuation Working Group;

     (2)  Requires the working group to:

          (A)  Review current state and federal laws regarding emergency evacuation procedures for commercial harbors;

          (B)  Determine whether there is adequate space in commercial harbors for all vessels to moor should they be required to evacuate Honolulu harbor and come up with a comprehensive mooring plan; and

          (C)  Review and evaluate whether current state and federal penalties are sufficient to ensure compliance with emergency evacuation orders for commercial harbors;

     (3)  Specifies the members of the working group;

     (4)  Clarifies that the chair of the working group shall provide an option to attend each meeting remotely;

     (5)  Specifies that the members of the working group shall:

          (A)  Serve without compensation; provided that members who are employees of the State shall be reimbursed for expenses, including travel expenses, necessary for the performance of their duties; and

          (B)  Not be subject to chapter 84, Hawaii Revised Statutes, solely because of the member's participation in the working group;

     (6)  Requires the Department of Transportation to provide necessary administrative support to the working group; and

     (7)  Requires the working group to report to the Legislature.

     As affirmed by the record of votes of the members of your Committee on Transportation and Culture and the Arts that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 1159, H.D. 2, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 1159, H.D. 2, S.D. 1, and be referred to your Committees on Judiciary and Ways and Means.

Respectfully submitted on behalf of the members of the Committee on Transportation and Culture and the Arts,

STAND. COM. REP. NO.  1092

Honolulu, Hawaii

                , 2025

RE:   H.B. No. 1159

      H.D. 2

Honorable Nadine K. Nakamura

Speaker, House of Representatives

Thirty-Third State Legislature

Regular Session of 2025

State of Hawaii

Madame:

     Your Committee on Judiciary & Hawaiian Affairs, to which was referred H.B. No. 1159, H.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO COMMERCIAL HARBORS,"

begs leave to report as follows:

     The purpose of this measure is to:

     (1)  Require masters or persons in charge of vessels to follow an order by a harbor master to evacuate a commercial harbor during emergencies;

     (2)  Establish higher penalties for noncompliance with evacuation orders; and

     (3)  Require fines collected for violations to be paid into the Harbor Special Fund.

     Your Committee received testimony in support of this measure from the Department of Transportation and Hawaiʻi Emergency Management Agency.  Your Committee received testimony in opposition to this measure from Holo Holo Charters, Inc.; Hawaii Longline Association; Ocean Tourism Coalition; Captain Andy's Sailing Inc.; and one individual.  Your Committee received comments on this measure from Matson Navigation Company, Inc.

     Your Committee finds that the State is susceptible to various hazards, including hurricanes, tsunamis, and volcanic eruptions and it is crucial to have a coordinated, swift response to protect lives, safeguard property, and minimize damage to the State's harbors.  Your Committee believes that having an enforceable evacuation mechanism will greatly improve the State's ability to respond to emergencies and avoid chaos in commercial harbor zones.

     Your Committee has amended this measure by 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 Judiciary & Hawaiian Affairs that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 1159, H.D. 1, as amended herein, and recommends that it pass Third Reading in the form attached hereto as H.B. No. 1159, H.D. 2.

Respectfully submitted on behalf of the members of the Committee on Judiciary & Hawaiian Affairs,

STAND. COM. REP. NO.  458

Honolulu, Hawaii

                , 2025

RE:   H.B. No. 1159

      H.D. 1

Honorable Nadine K. Nakamura

Speaker, House of Representatives

Thirty-Third State Legislature

Regular Session of 2025

State of Hawaii

Madame:

     Your Committee on Public Safety, to which was referred H.B. No. 1159, H.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO COMMERCIAL HARBORS,"

begs leave to report as follows:

     The purpose of this measure is to:

     (1)  Require masters or persons in charge of vessels to follow an order by a harbor master to evacuate a commercial harbor during emergencies;

     (2)  Establish higher penalties for noncompliance with evacuation orders; and

     (3)  Require fines collected for violations to be paid into the Harbor Special Fund.

     Your Committee received testimony in support of this measure from the Department of Transportation and Hawaiʻi Emergency Management Agency.  Your Committee received comments on this measure from the Hawaiʻi Harbors Users Group.

     Your Committee finds that during times of emergency, it is essential that commercial harbor users evacuate the State's commercial harbors when ordered to do so by the harbor master.

     Your Committee notes the concerns raised in written testimony that smaller vessels may face danger if required to evacuate and be forced out into the open sea.

     As affirmed by the record of votes of the members of your Committee on Public Safety that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 1159, H.D. 1, and recommends that it be referred to your Committee on Judiciary & Hawaiian Affairs.

Respectfully submitted on behalf of the members of the Committee on Public Safety,

STAND. COM. REP. NO.  112

Honolulu, Hawaii

                , 2025

RE:   H.B. No. 1159

      H.D. 1

Honorable Nadine K. Nakamura

Speaker, House of Representatives

Thirty-Third State Legislature

Regular Session of 2025

State of Hawaii

Madame:

     Your Committee on Transportation, to which was referred H.B. No. 1159 entitled:

"A BILL FOR AN ACT RELATING TO COMMERCIAL HARBORS,"

begs leave to report as follows:

     The purpose of this measure is to clarify the requirement of vessels to evacuate a commercial harbor upon order by the harbor master during an emergency and to establish penalties for noncompliance.

     Your Committee received testimony in support of this measure from the Department of Transportation.  Your Committee received testimony in opposition to this measure from the Hawaii Longline Association; Holo Holo Charters Inc.; Captain Andy's Sailing Adventures; and Blue Dolphin Charters.

     Your Committee finds that proper evacuations during emergencies could help mitigate damage to port infrastructure and may support efficient restoration of port operations.  This measure will increase safety and operations at commercial harbors by ensuring that persons in charge of vessels follow the harbor master's order to evacuate a commercial harbor.

     Your Committee notes that due to the smaller nature of Hawaii longline vessels, forcing these vessels into the potential path of a dangerous hurricane puts lives at risk.  Your Committee will continue to work with stakeholders as this measure moves through the legislative process to examine potentially expanding exemptions, particularly for vessels with approval from the United States Coast Guard.

     Your Committee has amended this measure by:

     (1)  Changing the effective date to July 1, 3000, to encourage further discussion; and

     (2)  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 Transportation that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 1159, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 1159, H.D. 1, and be referred to your Committee on Public Safety.

Respectfully submitted on behalf of the members of the Committee on Transportation,