SB2935 SD1

SECTION 1. The legislature finds that the introduction and spread of alien aquatic organisms poses an unprecedented threat to Hawaii's marine, estuarine, and freshwater ecosystems, maritime and recreational activities, and economy. Alien aquatic organisms can outcompete native species, leading to the collapse of native ecosystems and negatively impact the resilience of coral reefs to climate change. In order to combat the introduction and spread of alien aquatic organisms it is imperative that the State assess and manage the pathways of introduction and spread.

The introduction of alien aquatic organisms may occur through different pathways such as the release of unmanaged or improperly managed ballast water, the spawning or budding of species carried to state waters as vessel biofouling, or the cleaning of fouling organisms from vessel hulls where they may then become established, the arrival of species carried on marine debris that washes ashore, and the escape or release of species from aquaculture, scientific research, and the aquarium trade or hobbyists. The legislature further finds that of these pathways, there is worldwide concern and ongoing efforts to address the primary pathways of vessel ballast water, hull biofouling, and the in-water cleaning of biofouling without the capture and mitigation of effluent. Ballast water is the seawater pumped into and out of ballast tanks to stabilize vessels and biofouling is the growth of marine species on the hulls and in the difficult to access niche areas of vessels.

The legislature further finds that the Hawaii interagency biosecurity plan 2017-2027 recognizes the independent research finding that up to seventy-eight per cent of the non-native marine algae and invertebrate species in Hawaii's waters likely arrived through biofouling or a combination of biofouling and ballast water, and that the presence of alien species in unmanaged or undermanaged ballast water and on vessel hulls remains a high risk factor for the arrival and spread of invasive marine species. The Hawaii interagency biosecurity plan 2017-2027 also recognizes that regulating these vectors is exponentially more cost effective than post-introduction control and eradication programs.

The legislature further finds that preliminary reports from scientists regarding the rapid spread of stony coral tissue loss disease through Florida and the Caribbean have found a strong correlation with shipping patterns and may be related to unmanaged or undermanaged ballast water or biofouling. This destructive spread has led to a loss of between sixty-six and one hundred per cent of stony corals coming into contact with the disease in nearshore waters, with most corals dying within one week to two months after contact. Preventing the arrival and spread of stony coral tissue loss disease to Hawaii waters through unmanaged ballast water and biofouling is critical to protect our coral reefs and the economic benefits and ecosystem services they provide.

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 the waters of Hawaii, it is critical that the State embark on a program aimed at testing these technologies and demonstrating proof of concept, that may be followed by regulation and oversight of their use.

The legislature further finds the Vessel Incidental Discharge Act of 2018 (title IX of P.L. 115-282; 132 Stat. 4322) was enacted into law on December 4, 2018. The Vessel Incidental Discharge Act of 2018 has far-reaching implications for how states may regulate certain discharges that are considered incidental to the normal operations of a vessel. Once the federal law comes into full force and effect in December 2022, states will be preempted from setting or enforcing rules and regulations that are more stringent than federal regulations related to discharges considered incidental to the normal operation of a vessel, including the management and release of ballast water, the effluent resulting from the cleaning of vessel hulls in state waters, and other incidental discharge streams. The Vessel Incidental Discharge Act of 2018 is intended to set national regulations for certain types of commercial vessels and for fishing vessel ballast water, while leaving states the authority to set and enforce regulations for a variety of other vessel types that also pose a risk for vessel biofouling and other incidental discharges.

The legislature further finds that the Vessel Incidental Discharge Act of 2018 does not provide for additional funding to expand United States Coast Guard resources to cover its increased mandate under the Act; consequently, the United States Coast Guard has indicated that it will rely on state agency technical expertise, personnel, and equipment to test vessel ballast water to verify treatment efficacy and assess residual risk. In addition, the United States Coast Guard does not currently conduct routine biofouling risk inspections for vessels intending to clean in state waters. Instead, the legislature finds that the Vessel Incidental Discharge Act of 2018 calls for states to co-enforce the federal standards and regulations with the United States Coast Guard once they come into force.

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. To successfully carry out this co-enforcement and to address the aquatic invasive species risk of those vessel types that will remain under state regulatory authority, the legislature finds that the department requires additional capacity to develop and maintain a program to assess, monitor, and co-regulate, or regulate, these top pathways of alien aquatic organisms.

The purpose of this Act is to appropriate funds to support staff and operational costs associated with aquatic biosecurity inspection, investigation, monitoring, management, compliance, and enforcement.

SECTION 2. 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 2020-2021 for the funding of the following positions to support the prevention, detection, and management of aquatic alien and invasive species associated with ballast water and vessel biofouling pathways from all vessel types:

(1) Full year funding ($ for fiscal year 2020‑2021) for one biologist V position to oversee the aquatic biosecurity team and operations;

(2) Full year funding ($ for fiscal year 2020‑2021) for one program specialist IV position to analyze and develop regulations and policy related to aquatic biosecurity;

(3) Full year funding ($ for fiscal year 2020‑2021) for one general professional IV position to develop, manage, and maintain reporting for any database and technology used during aquatic biosecurity risk inspections;

(4) Full year funding ($ for fiscal year 2020‑2021) for two biologist IV positions to oversee biosecurity risk inspections and compliance testing;

(5) Full year funding ($ for fiscal year 2020‑2021) for the funding of 1.0 FTE conservation and resources enforcement officer IV to support safety, compliance, and enforcement of aquatic biosecurity laws in conservation and resources enforcement;

(6) Full year funding ($ for fiscal year 2020‑2021) for four biologist III positions to conduct biosecurity risk inspections, monitoring, and related outreach and education; and

(7) Full year funding ($ for fiscal year 2020‑2021) for benefits for the positions funded in paragraphs (1) through (6).

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

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 2020-2021 for operating expenditures in the ecosystem protection and restoration program for aquatic biosecurity including contracts for specialized laboratory work, purchase and maintenance of field and laboratory equipment and supplies, and travel costs.

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

SECTION 4. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 5. This Act shall take effect on July 1, 2020.

THE SENATE	S.B. NO.	2935
THIRTIETH LEGISLATURE, 2020		S.D. 1
STATE OF HAWAII