| 47 | | - | SECTION 1. The legislature finds that the Hawaii Ocean Safety Team, a Hawaii non-profit corporation, serves as the harbor safety committee for the State. Harbor safety committees are local committees that address issues including safety, security, mobility, and environmental protection of a port or waterway with membership that includes representatives of governmental agencies, maritime labor and industry organizations, and public interest groups who work together for the mutual benefit of all waterway users. The Hawaii Ocean Safety Team's purpose is to enhance ocean safety by providing a forum for communication between all levels of government, industry, and the public to reach non-regulatory solutions. The legislature further finds that since its formation in 1998, the Hawaii Ocean Safety Team has tackled a number of issues to make Hawaii's waters safer and cleaner, including advocating for aids to navigation improvements, pollution and garbage dumping on Hawaii's beaches, and resolution of conflicts between commercial harbor users and recreational boaters, surfers, and jet-skiers. The Hawaii Ocean Safety Team develops and agrees upon safe operating practices when necessary to provide for effective and efficient operations and evolutions. The legislature further finds that it is in the interest of the State to establish an ocean safety committee within state government. The purpose of this Act is to establish the Hawaii harbor ocean safety committee within the department of transportation to enhance ocean safety within all harbors in the State. SECTION 2. Chapter 266, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows: "§266- Hawaii harbor ocean safety committee; establishment; members. (a) There is established within the department of transportation for administrative purposes the Hawaii harbor ocean safety committee to plan for the safe navigation and operation of tank ships, tank barges, and other vessels within each harbor in the State and shall prepare and update by July 1 of each year a harbor safety plan, encompassing all vessel traffic within each harbor, that shall include: (1) A recommendation determining when tank vessels are required to be accompanied by a tugboat or tugboats of sufficient size, horsepower, and pull capability while entering, leaving, or navigating in State harbor; and (2) A review and evaluation of the adequacy of and any changes needed to anchorage designations and sounding checks; communications systems; small vessel congestion in shipping channels; placement and effectiveness of navigational aids, channel design plans, and the traffic and routings from port construction and dredging projects; procedures for routing vessels during emergencies that impact navigation; bridge management requirements; and suggested mechanisms to ensure that the provisions of the plan are fully and regularly enforced. (b) The membership of the Hawaii harbor ocean safety committee shall include at least one representative of: (1) The department of transportation harbors division; (2) The United States Coast Guard; (3) The United States Army Corps of Engineers; (4) The National Oceanic and Atmospheric Administration; (5) The United States Navy; (6) The Hawaii Pilots Association, to be appointed by the governor; (7) A recognized nonprofit environmental organization whose purpose is to protect marine resources, to be appointed by the governor; (8) A recognized labor organization involved with the operations of vessels, to be appointed by the governor; (9) Tank ship operators, to be appointed by the governor; (10) Dry cargo vessel operators, to be appointed by the governor; (11) Commercial fishing operators, to be appointed by the governor; (12) Tug or tank barge operators, who is not also engaged in the business of operating tank ships or dry cargo vessels, to be appointed by the governor; and (13) Pleasure craft operators, to be appointed by the governor; provided that the representatives required under paragraphs (6), (9), (10), and (12) shall have navigational experience as evidenced by having or having previously held a Coast Guard Merchant Marine Deck Officer's license; a position on a commercial vessel that includes navigational responsibilities; a shoreside position with direct operational control of vessels; or a position having responsibilities for permitting or approving the docking of vessels in and around harbor facilities relating to the safe navigation of vessels; provided further that each governor appointed member shall be appointed pursuant to section 26-34. (c) The members of the Hawaii harbor ocean safety team shall serve without compensation but shall be reimbursed for expenses, including travel expenses, necessary for the performance of their duties. (d) The Hawaii harbor ocean safety committee shall submit a report of its findings and recommendations, including any proposed legislation, to the legislature no later than forty days prior to the convening of each regular session beginning with the regular session of 2023." SECTION 3. New statutory material is underscored. SECTION 4. This Act shall take effect on January 1, 2050. |
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| 47 | + | SECTION 1. The legislature finds that the Hawaii Ocean Safety Team, a Hawaii non-profit corporation, serves as the harbor safety committee for the State. Harbor safety committees are local committees that address issues including safety, security, mobility, and environmental protection of a port or waterway with membership that includes representatives of governmental agencies, maritime labor and industry organizations, and public interest groups who work together for the mutual benefit of all waterway users. The Hawaii Ocean Safety Team's purpose is to enhance ocean safety by providing a forum for communication between all levels of government, industry, and the public to reach non-regulatory solutions. The legislature further finds that since its formation in 1998, the Hawaii Ocean Safety Team has tackled a number of issues to make Hawaii's waters safer and cleaner, including advocating for aids to navigation improvements, pollution and garbage dumping on Hawaii's beaches, and resolution of conflicts between commercial harbor users and recreational boaters, surfers, and jet-skiers. The Hawaii Ocean Safety Team develops and agrees upon safe operating practices when necessary to provide for effective and efficient operations and evolutions. The legislature further finds that it is in the interest of the State to establish an ocean safety committee within state government. The purpose of this Act is to establish the Hawaii harbor ocean safety committee within the department of transportation to enhance ocean safety within all harbors in the State. SECTION 2. Chapter 266, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows: "§266- Hawaii harbor ocean safety committee; establishment; members. (a) There is established within the department of transportation for administrative purposes the Hawaii harbor ocean safety committee to plan for the safe navigation and operation of tank ships, tank barges, and other vessels within each harbor in the State and shall prepare and update by July 1 of each year a harbor safety plan, encompassing all vessel traffic within each harbor, that shall include: (1) A recommendation determining when tank vessels are required to be accompanied by a tugboat or tugboats of sufficient size, horsepower, and pull capability while entering, leaving, or navigating in State harbor; and (2) A review and evaluation of the adequacy of and any changes needed to anchorage designations and sounding checks; communications systems; small vessel congestion in shipping channels; placement and effectiveness of navigational aids, channel design plans, and the traffic and routings from port construction and dredging projects; procedures for routing vessels during emergencies that impact navigation; bridge management requirements; and suggested mechanisms to ensure that the provisions of the plan are fully and regularly enforced. (b) The membership of the Hawaii harbor ocean safety committee shall include at least one representative of: (1) The department of transportation harbors division; (2) The United States Coast Guard; (3) The United States Army Corps of Engineers; (4) The National Oceanic and Atmospheric Administration; (5) The United States Navy; (6) The Hawaii Pilots Association, to be appointed by the governor; (7) A recognized nonprofit environmental organization whose purpose is to protect marine resources, to be appointed by the governor; (8) A recognized labor organization involved with the operations of vessels, to be appointed by the governor; (9) Tank ship operators, to be appointed by the governor; (10) Dry cargo vessel operators, to be appointed by the governor; (11) Commercial fishing operators, to be appointed by the governor; (12) Tug or tank barge operators, who is not also engaged in the business of operating tank ships or dry cargo vessels, to be appointed by the governor; and (13) Pleasure craft operators, to be appointed by the governor; provided that the representatives required under paragraphs (6), (9), (10), and (12) shall have navigational experience as evidenced by having or having previously held a Coast Guard Merchant Marine Deck Officer's license; a position on a commercial vessel that includes navigational responsibilities; a shoreside position with direct operational control of vessels; or a position having responsibilities for permitting or approving the docking of vessels in and around harbor facilities relating to the safe navigation of vessels; provided further that each governor appointed member shall be appointed pursuant to section 26-34. (c) The members of the Hawaii harbor ocean safety team shall serve without compensation but shall be reimbursed for expenses, including travel expenses, necessary for the performance of their duties. (d) The Hawaii harbor ocean safety committee shall submit a report of its findings and recommendations, including any proposed legislation, to the legislature no later than forty days prior to the convening of each regular session beginning with the regular session of 2023." SECTION 3. New statutory material is underscored. SECTION 4. This Act shall take effect on July 1, 2022. INTRODUCED BY: _____________________________ |
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| 48 | 48 | | |
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| 49 | 49 | | SECTION 1. The legislature finds that the Hawaii Ocean Safety Team, a Hawaii non-profit corporation, serves as the harbor safety committee for the State. Harbor safety committees are local committees that address issues including safety, security, mobility, and environmental protection of a port or waterway with membership that includes representatives of governmental agencies, maritime labor and industry organizations, and public interest groups who work together for the mutual benefit of all waterway users. The Hawaii Ocean Safety Team's purpose is to enhance ocean safety by providing a forum for communication between all levels of government, industry, and the public to reach non-regulatory solutions. The legislature further finds that since its formation in 1998, the Hawaii Ocean Safety Team has tackled a number of issues to make Hawaii's waters safer and cleaner, including advocating for aids to navigation improvements, pollution and garbage dumping on Hawaii's beaches, and resolution of conflicts between commercial harbor users and recreational boaters, surfers, and jet-skiers. The Hawaii Ocean Safety Team develops and agrees upon safe operating practices when necessary to provide for effective and efficient operations and evolutions. |
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| 50 | 50 | | |
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| 51 | 51 | | The legislature further finds that it is in the interest of the State to establish an ocean safety committee within state government. |
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| 52 | 52 | | |
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| 53 | 53 | | The purpose of this Act is to establish the Hawaii harbor ocean safety committee within the department of transportation to enhance ocean safety within all harbors in the State. |
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| 54 | 54 | | |
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| 55 | 55 | | SECTION 2. Chapter 266, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows: |
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| 56 | 56 | | |
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| 57 | 57 | | "§266- Hawaii harbor ocean safety committee; establishment; members. (a) There is established within the department of transportation for administrative purposes the Hawaii harbor ocean safety committee to plan for the safe navigation and operation of tank ships, tank barges, and other vessels within each harbor in the State and shall prepare and update by July 1 of each year a harbor safety plan, encompassing all vessel traffic within each harbor, that shall include: |
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| 58 | 58 | | |
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| 59 | 59 | | (1) A recommendation determining when tank vessels are required to be accompanied by a tugboat or tugboats of sufficient size, horsepower, and pull capability while entering, leaving, or navigating in State harbor; and |
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| 60 | 60 | | |
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| 61 | 61 | | (2) A review and evaluation of the adequacy of and any changes needed to anchorage designations and sounding checks; communications systems; small vessel congestion in shipping channels; placement and effectiveness of navigational aids, channel design plans, and the traffic and routings from port construction and dredging projects; procedures for routing vessels during emergencies that impact navigation; bridge management requirements; and suggested mechanisms to ensure that the provisions of the plan are fully and regularly enforced. |
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| 62 | 62 | | |
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| 63 | 63 | | (b) The membership of the Hawaii harbor ocean safety committee shall include at least one representative of: |
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| 64 | 64 | | |
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| 65 | 65 | | (1) The department of transportation harbors division; |
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| 66 | 66 | | |
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| 67 | 67 | | (2) The United States Coast Guard; |
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| 68 | 68 | | |
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| 69 | 69 | | (3) The United States Army Corps of Engineers; |
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| 70 | 70 | | |
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| 71 | 71 | | (4) The National Oceanic and Atmospheric Administration; |
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| 72 | 72 | | |
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| 73 | 73 | | (5) The United States Navy; |
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| 74 | 74 | | |
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| 75 | 75 | | (6) The Hawaii Pilots Association, to be appointed by the governor; |
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| 76 | 76 | | |
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| 77 | 77 | | (7) A recognized nonprofit environmental organization whose purpose is to protect marine resources, to be appointed by the governor; |
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| 78 | 78 | | |
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| 79 | 79 | | (8) A recognized labor organization involved with the operations of vessels, to be appointed by the governor; |
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| 80 | 80 | | |
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| 81 | 81 | | (9) Tank ship operators, to be appointed by the governor; |
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| 82 | 82 | | |
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| 83 | 83 | | (10) Dry cargo vessel operators, to be appointed by the governor; |
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| 84 | 84 | | |
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| 85 | 85 | | (11) Commercial fishing operators, to be appointed by the governor; |
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| 86 | 86 | | |
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| 87 | 87 | | (12) Tug or tank barge operators, who is not also engaged in the business of operating tank ships or dry cargo vessels, to be appointed by the governor; and |
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| 88 | 88 | | |
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| 89 | 89 | | (13) Pleasure craft operators, to be appointed by the governor; |
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| 90 | 90 | | |
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| 91 | 91 | | provided that the representatives required under paragraphs (6), (9), (10), and (12) shall have navigational experience as evidenced by having or having previously held a Coast Guard Merchant Marine Deck Officer's license; a position on a commercial vessel that includes navigational responsibilities; a shoreside position with direct operational control of vessels; or a position having responsibilities for permitting or approving the docking of vessels in and around harbor facilities relating to the safe navigation of vessels; provided further that each governor appointed member shall be appointed pursuant to section 26-34. |
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| 92 | 92 | | |
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| 93 | 93 | | (c) The members of the Hawaii harbor ocean safety team shall serve without compensation but shall be reimbursed for expenses, including travel expenses, necessary for the performance of their duties. |
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| 94 | 94 | | |
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| 95 | 95 | | (d) The Hawaii harbor ocean safety committee shall submit a report of its findings and recommendations, including any proposed legislation, to the legislature no later than forty days prior to the convening of each regular session beginning with the regular session of 2023." |
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| 96 | 96 | | |
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| 97 | 97 | | SECTION 3. New statutory material is underscored. |
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| 98 | 98 | | |
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