Bill Text: HI SB1162 | 2019 | Regular Session | Introduced


Bill Title: Relating To Biosecurity.

Spectrum: Partisan Bill (Democrat 5-0)

Status: (Introduced - Dead) 2019-01-30 - Re-Referred to WTL/AEN/TRS, WAM. [SB1162 Detail]

Download: Hawaii-2019-SB1162-Introduced.html

THE SENATE

S.B. NO.

1162

THIRTIETH LEGISLATURE, 2019

 

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

relating to biosecurity.

 

 

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

 


     SECTION 1.  The legislature finds that the introduction and spread of alien aquatic organisms poses an unprecedented threat to Hawaii's marine ecosystems, harbors, recreational activities, and economy.  Alien aquatic organisms can cause the collapse of native ecosystems and negatively impact the resilience to climate change of coral reefs.  In order to combat the introduction and spread of alien aquatic organisms, it is imperative to assess and regulate the vectors of introduction.

     The introduction of alien aquatic organisms has been linked to the movement of unmanaged or improperly managed ballast water, vessel biofouling, biofouling on marine debris that washes ashore, and the escape or release of species from aquaculture, scientific research, and the aquarium trade or hobbyists.  The two main vectors of alien aquatic organism introduction are vessel ballast water and biofouling.  Ballast water is seawater pumped into and out of ballast tanks to stabilize vessels.  Biofouling is the growth of marine species on the hulls and in the niche areas of vessels.

     The legislature finds that the 2027 Hawaii interagency biosecurity plan recognizes that up to seventy-eight per cent of the non-native marine algae and invertebrate species in Hawaii waters arrived through biofouling or a combination of biofouling and ballast water.  The presence of species in unmanaged or undermanaged ballast water and on vessel hulls remains a high risk for the arrival and spread of invasive marine species.  The Hawaii interagency biosecurity plan also recognizes that regulating these vectors is exponentially more cost effective than post-introduction control and eradication programs.

     The legislature further finds that recent developments in technology used in other states and countries provide opportunities to assess and mitigate the risk of introduction of alien aquatic organisms.  In order for emerging technologies and systems to properly provide protections for Hawaii’s waters, it is critical to embark on a program aimed at testing and demonstrating proof of concept, that may be followed by regulation and oversight of use.

     The legislature further finds that on December 4, 2018, the Vessel Incidental Discharge Act (Title IX of the Frank LoBiondo Coast Guard Authorization Act of 2018) was signed into law (Public Law Number 115-282).  The Vessel Incidental Discharge Act has far-reaching implications on how states may regulate certain discharges that are considered incidental to the normal operations of a vessel.  Once the Vessel Incidental Discharge Act comes into full force and effect (there is a four-year timeline in the language), states will be preempted from setting or enforcing rules and regulations related to the treatment and discharge of ballast water and the effluent resulting from the cleaning of vessel hulls in state waters, among other effects, that are more stringent than federal regulations.  However, there is ample evidence of the risk posed by the discharge of unmanaged or undermanaged ballast water and the arrival and movement of vessels that are fouled with species that can cause harm if moved to new locations beyond their native range.  Further, the legislature finds that the U.S. Coast Guard does not currently test vessel ballast water to assess treatment efficacy or risk, or as a means of assessing compliance to ballast water management regulations.

     Section 187A-32, Hawaii Revised Statutes, designates the department of land and natural resources as the lead agency for preventing the introduction of alien aquatic organisms.  Pursuant to this responsibility, the legislature finds that the department requires additional capacity to develop and maintain a program to assess, monitor, and regulate the vectors of alien aquatic organisms.

     The purpose of this Act is to authorize the department of land and natural resources to assess an aquatic biosecurity risk assessment service fee for activities that are recognized as potential vectors for the introduction or spread of alien aquatic organisms and to appropriate funding to support staff and operational costs associated with aquatic biosecurity inspection, investigation, monitoring, management, compliance, and enforcement.

     SECTION 2.  Section 187A-32, Hawaii Revised Statutes, is amended to read as follows:

     "[[]§187A-32[]]  Alien aquatic organisms; lead agency; fees; rules.  (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.

     (b)  The department may adopt rules in accordance with chapter 91, including penalties, to carry out the purposes of this part.  The rules may include standards for the department and the United States Coast Guard to use as part of their respective inspection protocols.  The rules may also include implementation of a course of action in relation to the arrival or pending arrival of a high risk vessel.  The rules may also include fees and regulations for all other non-military vessels not subject to the aquatic biosecurity risk assessment service fee under section (c).

     (c)  The department shall charge an aquatic biosecurity risk assessment service fee for the inspection, investigation, monitoring, and management of alien aquatic organisms.  This fee shall be charged to all vessels required to pay a port entry fee when entering harbors under the jurisdiction of the department of transportation as set forth in rules adopted pursuant to section 266-2, Hawaii Revised Statutes.  The aquatic biosecurity risk assessment service fee shall be eighty-five per cent of the port entry fee amount and shall be collected with the port entry fee.  The aquatic biosecurity risk assessment service fee revenues shall be deposited into the general fund.

     [(c)] (d)  The [governor may enter into an agreement] department shall carry out or enforce the purposes of this part to the extent of its jurisdiction, and shall carry out, enforce, or co-enforce with the United States [Secretary of Transportation to carry out] Coast Guard, the purposes of this part, including [but not limited to the] enforcement of [state] federal law."

     SECTION 3.  There is appropriated out of the general revenues of the State of Hawaii the sum of $239,376 or so much thereof as may be necessary for fiscal year 2019-2020 and the sum of $478,752 or so much thereof as may be necessary for fiscal year 2020-2021 for the funding of the following positions to support the prevention, detection, and management of aquatic alien and invasive species in ecosystem protection and restoration (LNR401):

     (1)  $32,238 for fiscal year 2019-2020 and $64,476 for fiscal year 2020-2021 for biologist VI to oversee the aquatic biosecurity team and operations;

     (2)  $29,808 for fiscal year 2019-2020 and $59,616 for fiscal year 2020-2021 for program specialist V to analyze and develop regulations and policy related to aquatic biosecurity;

     (3)  $26,478 for fiscal year 2019-2020 and $52,956 for fiscal year 2020-2021 for general professional IV to develop, manage, and maintain reporting form database and technology used during aquatic biosecurity risk inspections;

     (4)  $52,956 for fiscal year 2019-2020 and $105,912 for fiscal year 2020-2021 for two biologist IV positions to oversee biosecurity risk inspections and compliance testing; and

     (5)  $97,896 for fiscal year 2019-2020 and $195,792 for fiscal year 2020-2021 for four biologist III positions to conduct biosecurity risk inspections, monitoring, and related outreach and education.

     The sums appropriated shall be expended by the department of land and natural resources for the purposes of this Act.

     SECTION 4.  There is appropriated out of the general revenues of the State of Hawaii the sum of $28,158 or so much thereof as may be necessary for fiscal year 2019-2020 and the sum of $56,316 or so much thereof as may be necessary for fiscal year 2020-2021 for one full-time equivalent (1.0 FTE) conservation and resources enforcement officer IV position to support safety, compliance, and enforcement of aquatic biosecurity laws in conservation and resources enforcement (LNR405).

     The sums appropriated shall be expended by the department of land and natural resources for the purposes of this Act.

     SECTION 5.  There is appropriated out of the general revenues of the State of Hawaii the sum of $24,474 or so much thereof as may be necessary for fiscal year 2019-2020 and the sum of $48,948 or so much thereof as may be necessary for fiscal year 2020-2021 for one full-time equivalent (1.0 FTE) accountant III position to support assessment, collection, and accounting of the aquatic biosecurity risk assessment fee in harbors administration (TRN395).

     The sums appropriated shall be expended by the department of transportation for the purposes of this Act.

     SECTION 6.  There is appropriated out of the general revenues of the State of Hawaii the sum of $540,000 or so much thereof as may be necessary for fiscal year 2019-2020 and the sum of $400,000 or so much thereof as may be necessary for fiscal year 2020-2021 for the funding of operating expenditures in the ecosystem protection and restoration program for aquatic biosecurity (LNR401), including contracts for specialized laboratory work, the purchase and maintenance of field and laboratory equipment and supplies, and travel costs.

     The sums appropriated shall be expended by the department of land and natural resources for the purposes of this Act.

     SECTION 7.  If any provision of this Act, or the application thereof to any person or circumstance, is held invalid, the invalidity does not affect other provisions or applications of the Act that can be given effect without the invalid provision or application, and to this end the provisions of this Act are severable.

     SECTION 8.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 9.  This Act shall take effect upon its approval.

 

INTRODUCED BY:

_____________________________

 

 


 


 

Report Title:

Aquatic Biosecurity; Alien Aquatic Organisms; Vessel Ballast Water; Biofouling; Department of Land and Natural Resources; Appropriation

 

Description:

Authorizes the department of land and natural resources to collect an aquatic biosecurity risk assessment service fee and conduct activities under its jurisdiction to detect and prevent the introduction or spread of alien aquatic organisms.  Appropriates funds.

 

 

 

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

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