SB 1478: RELATING TO COMMERCIAL HARBORS.

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; 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 the 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.  "Harbor master" 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, 2050.

Report Title:

Department of Transportation; Commercial Harbor; Evacuation Orders; Emergencies

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.  Authorizes fines collected for violations of this requirement as moneys to be paid into the Special Harbor Fund.  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 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.

STAND. COM. REP. NO. 933

Honolulu, Hawaii

RE:    S.B. No. 1478

       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 S.B. No. 1478, 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)  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)  Authorize fines collected for violations of this requirement as moneys to be paid into the Harbor Special Fund.

     Your Committees received testimony in support of this measure from the Department of Transportation and Department of Defense.

     Your Committees received testimony in opposition to this measure from the Hawaii Longline Association and Holo Holo Charters, Inc.

     Your Committees received comments on this measure from the Matson Navigation Company, Inc. and The Maritime Group.

     Your Committees find that it is vital that commercial harbor users evacuate commercial harbors when ordered by the harbor master, particularly in emergency situations.  There have been instances when the United States Coast Guard has closed a commercial harbor as part of an emergency response and the people responsible for the vessel did not follow the harbor master's order to evacuate.  By clarifying both the requirement and the associated penalty for noncompliance, this measure will encourage vessel owners, agents, and crew to plan ahead for port closures and develop plans for evacuation.

     Your Committees note the concerns raised in testimony regarding the evacuation and safety impediments for vessels under a certain gross registered tonnage.  Your Committees also acknowledge the unique challenges smaller vessels experience when following evacuation orders during hazardous sea conditions.

     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 S.B. No. 1478, 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. 250

Honolulu, Hawaii

RE:    S.B. No. 1478

       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. 1478 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)  Clarify the requirement of vessels to evacuate a commercial harbor upon order by the harbor master during an emergency;

     (2)  Establish harsher penalties for noncompliance; and

     (3)  Authorize fines collected for violations of an order to evacuate as moneys to be paid into the Special Harbor 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 the Hawaiʻi Harbors Users Group.

     Your Committee finds that in times of emergency, it is essential that commercial harbor users evacuate the commercial harbor when ordered by the harbor master.  Your Committee further finds that in emergency preparedness exercises, there are often scenarios in which vessels that do not evacuate cause damage to piers and port infrastructure or otherwise impede restoration of port operations.  Accordingly, this measure will improve the safety of commercial harbors and mitigate damage to port infrastructure during an emergency event and support efficient restoration of port operations.

     Your Committee notes the importance of making the safety of all maritime vessels, their crews, and passengers a top priority in emergency response protocols.

     Your Committee has amended this measure by:

     (1)  Inserting an effective date of July 1, 2050, to encourage further discussion; and

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

     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. 1478, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 1478, 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,