Bill Text: HI SB1505 | 2019 | Regular Session | Amended

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Bill Title: Relating To Harbors.

Spectrum: Partisan Bill (Democrat 4-0)

Status: (Engrossed - Dead) 2019-03-07 - Referred to WLH/PVM, FIN, referral sheet 27 [SB1505 Detail]

Download: Hawaii-2019-SB1505-Amended.html

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THE SENATE	S.B. NO.	1505
THIRTIETH LEGISLATURE, 2019		S.D. 1
STATE OF HAWAII

A BILL FOR AN ACT

 

 

RELATING TO HARBORS.

 

 

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

 

     SECTION 1.  Section 266-2, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

     "(a)  The department of transportation shall:

     (1)  Have and exercise all the powers and shall perform all the duties which may lawfully be exercised by or under the State relative to the control and management of commercial harbors, commercial harbor and waterfront improvements, ports, docks, wharves, piers, quays, bulkheads, and landings belonging to or controlled by the State, and the shipping using the same;

     (2)  Have the authority to use and permit and regulate the use of the commercial docks, wharves, piers, quays, bulkheads, and landings belonging to or controlled by the State for receiving or discharging passengers and for loading and landing merchandise, with a right to collect wharfage and demurrage thereon or therefor;

     (3)  Subject to all applicable provisions of law, have the power to fix and regulate from time to time rates and charges for:

          (A)  Services rendered in mooring commercial vessels;

          (B)  The use of commercial moorings belonging to or controlled by the State;

          (C)  Wharfage or demurrage;

          (D)  Warehouse space, office space, and storage space for freight, goods, wares and merchandise; and

          (E)  The use of derricks or other equipment belonging to the State or under the control of the department;

     (4)  Make other charges including toll or tonnage charges on freight passing over or across docks, wharves, piers, quays, bulkheads, or landings;

     (5)  Make harbor facilities temporarily available as a harbor of safe refuge to small vessels under two hundred gross tons when the United States National Weather Service forecasts a tropical storm (more than thirty-eight miles per hour), or hurricane strength cyclones (more than seventy-three miles per hour), unless specifically prohibited by the United States Coast Guard Captain of the Port; provided that small vessels shall be moored in non-essential areas and be clear of harbor channels whenever possible;

    [(5)] (6)  Appoint and remove clerks, harbor agents and their assistants, and all such other employees as may be necessary, and to fix their compensation;

    [(6)] (7)  Adopt rules pursuant to chapter 91 and not inconsistent with law; and

    [(7)] (8)  Generally have all powers necessary to fully carry out this chapter."

     SECTION 2.  (a)  There is established within the department of transportation a working group to establish a plan of action when the National Weather Service forecasts a tropical storm (more than thirty-eight miles per hour), or hurricane strength cyclones (more than seventy-three miles per hour) for small vessels under two hundred gross tons and examine the feasibility of making harbor facilities temporarily available as a harbor of safe refuge to small vessels.

     (b)  The working group shall include the following individuals:

     (1)  The director of transportation, or the director's designee, who shall serve as the chair of the working group;

     (2)  The chairperson of the board of land and natural resources, or the chairperson's designee;

     (3)  One representative of the United States Coast Guard;

     (4)  The director of the Hawaii emergency management agency, or the director's designee;

     (5)  Four representatives of the small boating industry, which shall include representation from each of the counties and shall be invited by the director of transportation or the director's designee; and

     (6)  One representative of the Hawaii harbor users group.

     (c)  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 2020.

     (d)  The working group shall cease to exist on June 30, 2020.

     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; Harbor Facilities; Safe Refuge; Working Group; Report

 

Description:

Authorizes the department of transportation to make harbor facilities temporarily available as a harbor of safe refuge when the National Weather Service forecasts a tropical storm or hurricane strength cyclones, unless specifically prohibited by the United States Coast Guard Captain of the Port.  Establishes a working group to create a plan of action for small vessels during a tropical storm or hurricane strength cyclones and to examine the feasibility of making harbor facilities temporarily available as a harbor of safe refuge to small vessels.  Requires the working group to report to the legislature.  (SD1)

 

 

 

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