Hawaii 2022 Regular Session

Hawaii Senate Bill SB2756 Compare Versions

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1-THE SENATE S.B. NO. 2756 THIRTY-FIRST LEGISLATURE, 2022 S.D. 1 STATE OF HAWAII A BILL FOR AN ACT RELATING TO WATER CARRIERS. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
1+THE SENATE S.B. NO. 2756 THIRTY-FIRST LEGISLATURE, 2022 STATE OF HAWAII A BILL FOR AN ACT relating to water carriers. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
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33 THE SENATE S.B. NO. 2756
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4343 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
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47- SECTION 1. The legislature finds that interisland cargo transportation is a lifeline for residents and businesses across the state. In particular, interisland cargo is a crucial source for islands with smaller populations that rely heavily on interisland tug and barge services essential to the State's economy. In response to the growing demand for interisland cargo transportation, the senate adopted Senate Resolution No. 125, Senate Draft 1 (S.R. 125, S.D.1), Regular Session of 2020, which requested the department of transportation to provide funding for uninterrupted interisland water carrier service. In 2020, the water carriers working group formed in response to S.R. 125, S.D. 1, to develop near-future, mid-, and long-term recommendations or actions to establish a two-tiered annual rate adjustment process and a broad water carrier agricultural cargo shipping subsidy. The working group developed the two-tiered system to address time-consuming rate cases in response to operational expense changes. The creation of a two-tiered system would reflect inflation-based cost increases while also providing the water carriers opportunities to submit justification to recapture expenses. The working group found that the two-tiered rate system would create financial sustainability and potential profits for water carrier operations in the State. The working group also found that broad water carrier agricultural cargo shipping subsidies would alleviate costs associated with transportation and service across the State. Currently, over eighty per cent of goods consumed in Hawaii are imported, with ninety-eight per cent of goods transported as water borne cargo. Hawaii consumers pay a higher cost for goods than consumers in the continental United States, as shipping costs are reflected in imported goods consumed and purchased in the State. The legislature therefore finds that the subsidy program established by this Act is for a public purpose, which includes alleviating costs associated with transportation and service across the State, primarily for small communities reliant on shipment of goods by barge, and providing universal support to water carriers, cargo users, and consumers. Accordingly, the purpose of this Act is to: (1) Before January 1, 2024, require the public utilities commission to establish an annual two-tier water carrier inflationary cost index rate adjustment; (2) Establish a water carrier agriculture cargo shipping subsidy program to support continuous trans-Pacific and interisland water carrier service, which shall be administered pursuant to the standards and qualifications required for other administrative grant programs in the State; (3) Appropriate funding to the public utilities commission to establish the two-tier rate adjustment for water carriers; and (4) Appropriate funding to the department of transportation, harbors division, to fund and implement an interstate water carrier agriculture subsidies program. SECTION 2. Chapter 271G, Hawaii Revised Statutes, is amended by adding two new sections to be appropriately designated and to read as follows: "§271G- Water carrier inflationary cost index. Before January 1, 2024, the commission shall establish a water carrier inflationary cost index by which water carrier rates shall be annually adjusted as follows: (1) Tier one: Automatic rate adjustment for each calendar year shall be calculated by increasing or decreasing the water carrier rate in effect through the end of the previous calendar year by the percentage increase or decrease in the consumer price index for that year; and (2) Tier two: The water carrier shall request an expense justified rate increase for approval by the commission. The commission shall grant approval based on justification from the water carrier to recapture actual costs and proof of performance measures demonstrating that there has been no material decline in the water carrier's operations, safety, or customer service levels. The total water carrier inflationary cost index rate adjustment shall exclude fuel surcharges and shall not exceed five per cent per calendar year. The water carrier inflationary cost index shall not account for a water carrier's new capital investment. §271G- Water carrier agriculture cargo shipping subsidy. (a) There is established a water carrier agriculture cargo shipping subsidy to support continuous trans-Pacific and interisland water carrier service. The subsidies shall be established and thereafter subject to an annual increase of per cent pursuant to subsection (c). (b) The department of transportation harbors division shall administer the subsidy program consistent with the standards and qualifications for making subsidies as previously enacted for other administrative grant programs in the State. (c) The department of transportation shall adopt rules pursuant to chapter 91 necessary for the purposes of this section." SECTION 3. There is appropriated out of the general revenues of the State of Hawaii the sum of $200,000 or so much thereof as may be necessary for fiscal year 2022-2023 for the public utilities commission to establish a water carrier inflationary cost index by which water carrier rates shall be annually adjusted according to section 2 of this Act. The sum appropriated shall be expended by the public utilities commission for the purposes of this Act. SECTION 4. There is appropriated out of the general revenues of the State of Hawaii the sum of $750,000 or so much thereof as may be necessary for fiscal year 2022-2023 for an interstate water carrier agriculture subsidies program to support broad-based interstate and interisland water carrier agriculture cargo shipping. The sum appropriated shall be expended by the department of transportation for the purposes of this Act. SECTION 5. New statutory material is underscored. SECTION 6. This Act shall take effect on January 1, 2050.
47+ SECTION 1. The legislature finds that interisland cargo transportation is a lifeline for residents and businesses across the state. In particular, interisland cargo is a crucial source for islands with smaller populations that rely heavily on interisland tug and barge services essential to the State's economy. In response to the growing demand for interisland cargo transportation, the senate adopted Senate Resolution No. 125, Senate Draft 1 (S.R. 125, S.D.1), Regular Session of 2020, which requested the department of transportation to provide funding for uninterrupted interisland water carrier service. In 2020, the water carriers working group formed in response to S.R. 125, S.D. 1 to develop near-future, mid-, and long-term recommendations or actions to establish a two-tiered annual rate adjustment process and a broad water carrier agricultural cargo shipping subsidy. The working group developed the two-tiered system to address time-consuming rate cases in response to operational expense changes. The creation of a two-tiered system would reflect inflation-based cost increases while also providing the water carriers opportunities to submit justification to recapture expenses. The working group found that the two-tiered rate system would create financial sustainability and potential profits for water carrier operations in the State. The working group also found that broad water carrier agricultural cargo shipping subsidies would alleviate costs associated with transportation and service across the State. Currently, over eighty per cent of goods consumed in Hawaii are imported, with ninety-eight per cent of goods transported as water borne cargo. Hawaii consumers pay a higher cost for goods than consumers in the continental United States, as shipping costs are reflected in imported goods consumed and purchased in the State. The introduction of subsidies for interisland agricultural cargo would offset transportation costs, primarily for small communities reliant on shipment of goods by barge. Implementation of subsidies would provide universal support to water carriers, cargo users, and consumers. Accordingly, the purpose of this Act is to: (1) Establish a two-tier rate adjustment for water carriers; (2) Establish broad-based interstate and interisland water carrier agriculture cargo shipping subsidies; and (3) Appropriate funding to the department of transportation, harbors division, to fund and implement an interstate water carrier agriculture subsidies program. SECTION 2. Chapter 271G, Hawaii Revised Statutes, is amended by adding two new sections to be appropriately designated and to read as follows: "§271G- Water carrier inflationary cost index. There is established the water carrier inflationary cost index by which water carrier rates shall be annually adjusted as follows: (1) Tier one: Automatic rate adjustment for each year shall be calculated by increasing or decreasing the water carrier rate in effect through the end of the previous year by the percentage increase or decrease in the gross domestic product price index for that year; and (2) Tier two: The water carrier shall request an expense justified rate increase for approval by the commission. The commission shall grant approval based on justification from the water carrier to recapture actual costs and proof of performance measures demonstrating a decline in operations, safety, or customer services. The total water carrier inflationary cost index rate adjustment shall exclude fuel surcharges and shall not exceed five per cent per year. The water carrier inflationary cost index shall not account for a water carrier's new capital investment. §271G- Water carrier agriculture cargo shipping subsidy. (a) There is established a water carrier agriculture cargo shipping subsidy to support continuous trans-Pacific and interisland water carrier service. The subsidies shall be established and thereafter subject to an annual increase of per cent pursuant to subsection (c). (b) The department of transportation harbors division shall administer the subsidy program. (c) The department of transportation shall adopt rules pursuant to chapter 91 necessary for the purposes of this section." SECTION 3. There is appropriated out of the general revenues of the State of Hawaii the sum of $ or so much thereof as may be necessary for fiscal year 2022-2023 for an interstate water carrier agriculture subsidies program to support broad-based interstate and interisland water carrier agriculture cargo shipping. The sum appropriated shall be expended by the department of transportation for the purposes of this Act. SECTION 4. New statutory material is underscored. SECTION 5. This Act shall take effect on July 1, 2022. INTRODUCED BY: _____________________________
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4949 SECTION 1. The legislature finds that interisland cargo transportation is a lifeline for residents and businesses across the state. In particular, interisland cargo is a crucial source for islands with smaller populations that rely heavily on interisland tug and barge services essential to the State's economy. In response to the growing demand for interisland cargo transportation, the senate adopted Senate Resolution No. 125, Senate Draft 1 (S.R. 125, S.D.1), Regular Session of 2020, which requested the department of transportation to provide funding for uninterrupted interisland water carrier service.
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51- In 2020, the water carriers working group formed in response to S.R. 125, S.D. 1, to develop near-future, mid-, and long-term recommendations or actions to establish a two-tiered annual rate adjustment process and a broad water carrier agricultural cargo shipping subsidy.
51+ In 2020, the water carriers working group formed in response to S.R. 125, S.D. 1 to develop near-future, mid-, and long-term recommendations or actions to establish a two-tiered annual rate adjustment process and a broad water carrier agricultural cargo shipping subsidy.
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5353 The working group developed the two-tiered system to address time-consuming rate cases in response to operational expense changes. The creation of a two-tiered system would reflect inflation-based cost increases while also providing the water carriers opportunities to submit justification to recapture expenses. The working group found that the two-tiered rate system would create financial sustainability and potential profits for water carrier operations in the State.
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55- The working group also found that broad water carrier agricultural cargo shipping subsidies would alleviate costs associated with transportation and service across the State. Currently, over eighty per cent of goods consumed in Hawaii are imported, with ninety-eight per cent of goods transported as water borne cargo. Hawaii consumers pay a higher cost for goods than consumers in the continental United States, as shipping costs are reflected in imported goods consumed and purchased in the State. The legislature therefore finds that the subsidy program established by this Act is for a public purpose, which includes alleviating costs associated with transportation and service across the State, primarily for small communities reliant on shipment of goods by barge, and providing universal support to water carriers, cargo users, and consumers.
55+ The working group also found that broad water carrier agricultural cargo shipping subsidies would alleviate costs associated with transportation and service across the State. Currently, over eighty per cent of goods consumed in Hawaii are imported, with ninety-eight per cent of goods transported as water borne cargo. Hawaii consumers pay a higher cost for goods than consumers in the continental United States, as shipping costs are reflected in imported goods consumed and purchased in the State. The introduction of subsidies for interisland agricultural cargo would offset transportation costs, primarily for small communities reliant on shipment of goods by barge. Implementation of subsidies would provide universal support to water carriers, cargo users, and consumers.
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5757 Accordingly, the purpose of this Act is to:
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59- (1) Before January 1, 2024, require the public utilities commission to establish an annual two-tier water carrier inflationary cost index rate adjustment;
59+ (1) Establish a two-tier rate adjustment for water carriers;
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61- (2) Establish a water carrier agriculture cargo shipping subsidy program to support continuous trans-Pacific and interisland water carrier service, which shall be administered pursuant to the standards and qualifications required for other administrative grant programs in the State;
61+ (2) Establish broad-based interstate and interisland water carrier agriculture cargo shipping subsidies; and
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63- (3) Appropriate funding to the public utilities commission to establish the two-tier rate adjustment for water carriers; and
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65- (4) Appropriate funding to the department of transportation, harbors division, to fund and implement an interstate water carrier agriculture subsidies program.
63+ (3) Appropriate funding to the department of transportation, harbors division, to fund and implement an interstate water carrier agriculture subsidies program.
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6765 SECTION 2. Chapter 271G, Hawaii Revised Statutes, is amended by adding two new sections to be appropriately designated and to read as follows:
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69- "§271G- Water carrier inflationary cost index. Before January 1, 2024, the commission shall establish a water carrier inflationary cost index by which water carrier rates shall be annually adjusted as follows:
67+ "§271G- Water carrier inflationary cost index. There is established the water carrier inflationary cost index by which water carrier rates shall be annually adjusted as follows:
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71- (1) Tier one: Automatic rate adjustment for each calendar year shall be calculated by increasing or decreasing the water carrier rate in effect through the end of the previous calendar year by the percentage increase or decrease in the consumer price index for that year; and
69+ (1) Tier one: Automatic rate adjustment for each year shall be calculated by increasing or decreasing the water carrier rate in effect through the end of the previous year by the percentage increase or decrease in the gross domestic product price index for that year; and
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73- (2) Tier two: The water carrier shall request an expense justified rate increase for approval by the commission. The commission shall grant approval based on justification from the water carrier to recapture actual costs and proof of performance measures demonstrating that there has been no material decline in the water carrier's operations, safety, or customer service levels.
71+ (2) Tier two: The water carrier shall request an expense justified rate increase for approval by the commission. The commission shall grant approval based on justification from the water carrier to recapture actual costs and proof of performance measures demonstrating a decline in operations, safety, or customer services.
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75-The total water carrier inflationary cost index rate adjustment shall exclude fuel surcharges and shall not exceed five per cent per calendar year. The water carrier inflationary cost index shall not account for a water carrier's new capital investment.
73+The total water carrier inflationary cost index rate adjustment shall exclude fuel surcharges and shall not exceed five per cent per year. The water carrier inflationary cost index shall not account for a water carrier's new capital investment.
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7775 §271G- Water carrier agriculture cargo shipping subsidy. (a) There is established a water carrier agriculture cargo shipping subsidy to support continuous trans-Pacific and interisland water carrier service. The subsidies shall be established and thereafter subject to an annual increase of per cent pursuant to subsection (c).
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79- (b) The department of transportation harbors division shall administer the subsidy program consistent with the standards and qualifications for making subsidies as previously enacted for other administrative grant programs in the State.
77+ (b) The department of transportation harbors division shall administer the subsidy program.
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8179 (c) The department of transportation shall adopt rules pursuant to chapter 91 necessary for the purposes of this section."
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83- SECTION 3. There is appropriated out of the general revenues of the State of Hawaii the sum of $200,000 or so much thereof as may be necessary for fiscal year 2022-2023 for the public utilities commission to establish a water carrier inflationary cost index by which water carrier rates shall be annually adjusted according to section 2 of this Act.
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85- The sum appropriated shall be expended by the public utilities commission for the purposes of this Act.
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87- SECTION 4. There is appropriated out of the general revenues of the State of Hawaii the sum of $750,000 or so much thereof as may be necessary for fiscal year 2022-2023 for an interstate water carrier agriculture subsidies program to support broad-based interstate and interisland water carrier agriculture cargo shipping.
81+ SECTION 3. There is appropriated out of the general revenues of the State of Hawaii the sum of $ or so much thereof as may be necessary for fiscal year 2022-2023 for an interstate water carrier agriculture subsidies program to support broad-based interstate and interisland water carrier agriculture cargo shipping.
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8983 The sum appropriated shall be expended by the department of transportation for the purposes of this Act.
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91- SECTION 5. New statutory material is underscored.
85+ SECTION 4. New statutory material is underscored.
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93- SECTION 6. This Act shall take effect on January 1, 2050.
87+ SECTION 5. This Act shall take effect on July 1, 2022.
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95- Report Title: Department of Transportation; Public Utilities Commission; Harbors Division; Water Carriers; Rate Increases; Agricultural Subsidy Program; Appropriation Description: Requires the Public Utilities Commission to establish an annual two-tier inflationary cost index rate adjustment for water carriers based on automatic annual increases or a justified increase based on actual costs and performance. Establishes a water carrier agricultural cargo shipping subsidy with an annual rate increase. Appropriates funds. Effective 1/1/2050. (SD1) The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
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91+INTRODUCED BY: _____________________________
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93+INTRODUCED BY:
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101+ Report Title: Department of Transportation; Public Utilities Commission; Harbors Division; Water Carriers; Rate Increases; Appropriation Description: Creates a two-tier rate adjustment for water carriers based on automatic annual increases or a justified increase based on actual costs and performance. Establishes a water carrier agricultural cargo shipping subsidy with an annual rate increase. 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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103-Department of Transportation; Public Utilities Commission; Harbors Division; Water Carriers; Rate Increases; Agricultural Subsidy Program; Appropriation
109+Department of Transportation; Public Utilities Commission; Harbors Division; Water Carriers; Rate Increases; Appropriation
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109-Requires the Public Utilities Commission to establish an annual two-tier inflationary cost index rate adjustment for water carriers based on automatic annual increases or a justified increase based on actual costs and performance. Establishes a water carrier agricultural cargo shipping subsidy with an annual rate increase. Appropriates funds. Effective 1/1/2050. (SD1)
115+Creates a two-tier rate adjustment for water carriers based on automatic annual increases or a justified increase based on actual costs and performance. Establishes a water carrier agricultural cargo shipping subsidy with an annual rate increase. Appropriates funds.
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117123 The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.