SB 108: RELATING TO VESSELS.

A BILL FOR AN ACT

RELATING TO VESSELS.

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

     SECTION 1.  (a)  The department of transportation shall conduct a study to identify regulations and best practices to limit noise from vessels using the commercial harbors, ports, roadsteads, docks, wharves, piers, quays, bulkheads, and landings of the State.

     (b)  The department shall work with relevant stakeholders to study the noise regulations and best practices as they apply to other ports in similar locations.

     (c)  The department of transportation 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 2026.

     SECTION 2.  This Act shall take effect on July 1, 2050.

Report Title:

DOT; Vessels; Harbors; Regulation of Noise; Study; Report

Description:

Requires the Department of Transportation to work with relevant stakeholders to conduct a study of noise regulations and best practices as they apply to other ports in similar locations.  Requires a report to the Legislature.  Effective 7/1/2050.  (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 vessels.

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

     SECTION 1.  The legislature finds that as working harbors, many of Hawai‘i's harbors produce large amounts of noise.  While the department of transportation has the authority to adopt rules regulating the manner in which vessels may enter and moor, anchor, or dock in the commercial harbors, ports, and roadsteads, this authority does not allow the department of transportation to adopt rules to regulate excessive and harmful noises emanating from these vessels.  The legislature further finds that granting the department of transportation this authority will help alleviate the concerns of individuals affected by the noise from Hawai‘i's harbors.

     Accordingly, the purpose of this Act is to authorize the director of transportation to adopt rules that regulate and limit noise from vessels using the commercial harbors, ports, roadsteads, docks, wharves, piers, quays, bulkheads, and landings of the State.

     SECTION 2.  Section 266-3, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

     "(a)  The director of transportation may adopt rules as necessary:

     (1)  To regulate the manner in which all vessels may enter and moor, anchor, or dock in the commercial harbors, ports, and roadsteads of the State, or move from one dock, wharf, pier, quay, bulkhead, landing, anchorage, or mooring to another within the commercial harbors, ports, or roadsteads;

     (2)  For the examination, guidance, and control of harbor masters and their assistants and their conduct while on duty;

     (3)  For the embarking or disembarking of passengers;

     (4)  To regulate the allowable noise that may emanate from vessels while using the commercial harbors, ports, roadsteads, docks, wharves, piers, quays, bulkheads, and landings of the State, including by establishing noise limits;

    [(4)] (5)  For the expeditious and careful handling of freight, goods, wares, and merchandise of every kind that may be delivered for shipment or discharged on the commercial docks, wharves, piers, quays, bulkheads, or landings belonging to or controlled by the State; and

    [(5)] (6)  To define the duties and powers of carriers, shippers, and consignees respecting passengers, freight, goods, wares, and merchandise in and upon the docks, wharves, piers, quays, bulkheads, or landings within the commercial harbors, ports, and roadsteads of the State.  The director may also make further rules for the safety of the docks, wharves, piers, quays, bulkheads, and landings on, in, near, or affecting a commercial harbor and waterfront improvements belonging to or controlled by the State."

     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; Vessels; Harbors; Regulation of Noise

Description:

Authorizes the Director of Transportation to adopt rules that regulate and limit noise from vessels using the commercial harbors, ports, roadsteads, docks, wharves, piers, quays, bulkheads, and landings of the State.

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

STAND. COM. REP. NO. 252

Honolulu, Hawaii

RE:    S.B. No. 108

       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 S.B. No. 108 entitled:

"A BILL FOR AN ACT RELATING TO VESSELS,"

begs leave to report as follows:

     The purpose and intent of this measure is to authorize the Director of Transportation to adopt rules that regulate and limit noise from vessels using the commercial harbors, ports, roadsteads, docks, wharves, piers, quays, bulkheads, and landings of the State.

     Your Committee received testimony in opposition to this measure from the Hawaiʻi Harbors Users Group.

     Your Committee finds that as working harbors, many of the State's harbors produce large amounts of noise.  While the Department of Transportation has the authority to adopt rules regulating the manner in which vessels may enter and moor, anchor, or dock in the commercial harbors, ports, and roadsteads, this authority does not allow the Department to regulate the excessive and harmful noises emanating from vessels.  Accordingly, this measure extends this authority to the Department of Transportation to alleviate the concerns of individuals affected by the noise emitted from the State's harbors.

     Your Committee notes that in testimony there were concerns that this measure has the potential to create economic harm by disrupting the State's critical shipping lifeline increasing costs and threatening jobs.  Your Committee therefore finds that a noise study would be more appropriate.

     Your Committee has amended this measure by:

     (1)  Deleting language that would have authorized the Director of Transportation to regulate and limit noise from vessels using the commercial harbors, ports, ports, roadsteads, docks, wharves, piers, quays, bulkheads, and landings of the State;

     (2)  Requiring the Department of Transportation to conduct a study with relevant stakeholders to address noise regulations and best practices as they apply in other ports in similar locations;

     (3)  Requiring the Department of Transportation to submit a report to the Legislature; and

     (4)  Inserting an effective date of July 1, 2050, to encourage further discussion.

     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 S.B. No. 108, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 108, S.D. 1, and be referred to your Committees on Commerce and Consumer Protection and Ways and Means.

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