HB1936

SECTION 1. The legislature finds that the Hawaiian archipelago is the most remote island chain in the world, and ninety-eight per cent of all goods coming into Hawaii are processed by the State's harbor system. There is no viable alternative to ocean shipping for transporting the enormous volume of goods that enter the State. Each day, approximately four hundred shipping containers arrive at Honolulu Harbor, including approximately three thousand tons of food. The State imports more than 1,100,000 tons of food products annually. The Hawaii emergency management agency estimates that existing commercial food stocks would only support Hawaii's residents and visitors for five to seven days if port services were interrupted. Damage to a commercial port could quickly cause food insecurity in Hawaii and limit the State's access to medical supplies and other critically needed goods.

The legislature recognizes that, in commercial shipping, tugs are used to tow larger vessels into the harbor, and the vessels are then secured to the bulkhead with mooring lines. In most cases, the mooring lines are secured by certified longshore linespersons. However, presently in Hawaii, out-of-state companies are not required to utilize trained local longshore linespersons, or stevedores, to secure their operational vessels to the State's commercial docks, wharves, piers, quays, bulkheads, and landings.

The legislature believes that ensuring the safety of Hawaii's commercial harbors is in the best interest of the State. The State has a responsibility to help protect not only the personal safety of harbor workers but also the physical integrity of the State's commercial docks. To this end, the best way to ensure the safety of Hawaii's harbors and harbor workers is to require the use of a stevedoring company to secure mooring lines when vessels are pulled into the State's harbors by tug. Stevedoring companies in Hawaii are safety-certified and are well-versed in the unique challenges and safety concerns of each individual state harbor. However, the legislature also recognizes that there are public utilities commission regulated shipping carriers with personnel who are capable of safely mooring the carrier's vessels. The legislature believes that these carriers should be permitted to continue using the services of their own personnel; provided that the personnel are certified and regularly recertified on the State's safety guidelines and best practices.

The legislature declares that this Act is necessary to advance a legitimate local, important, non-economic state interest by protecting the health and safety of the State's inhabitants and that the requirements of this Act are the least restrictive means of effectuating this purpose.

Accordingly, the purpose of this Act is to require, with certain exceptions, that the securing of mooring lines from vessels requiring tug assistance to the State's commercial docks, wharves, piers, quays, and landings be performed by a stevedoring company.

SECTION 2. 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~~] that 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;

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

(6) Require that the securing of mooring lines from vessels requiring tug assistance to commercial docks, wharves, piers, quays, and landings be performed by a stevedoring company; provided that this paragraph shall not apply to the securing of mooring lines from any vessels operating on behalf of an authorized intrastate or transpacific water carrier of property holding a certificate of public convenience and necessity issued under section 271G-10; provided further that all personnel conducting the mooring of vessels operating on behalf of an authorized intrastate or transpacific water carrier of property holding a certificate of public convenience and necessity under section 271G-10 who are not employed by a stevedoring company shall be certified and recertified on the State's health and safety guidelines that are applicable to the mooring of water carrier of property vessels;

[~~(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.

As used in this subsection:

"Manifested cargo" means the cargo, passengers, and crew of a vessel that are listed on a manifest or cargo document for the use of customs and other officials.

"Stevedoring company" means a company that is registered to do business in the State and authorized to secure mooring lines from vessels to commercial docks, wharves, piers, quays, bulkheads, and landings and that provides services in the loading and offloading of manifested cargo.

"Tug" means a boat used for towing larger vessels."

SECTION 3. The provisions of this Act shall be enforced to the extent they are not held to conflict with any federal or state constitutional provision, law, rules, or regulations. The provisions of this Act are not severable and if any provision of the Act, or the application thereof to any person or circumstance is held to conflict with any federal or state constitutional provision, law, rule, or regulation, this Act, in its entirety, shall be invalid and section 266-2, Hawaii Revised Statutes, shall be reenacted in the form in which it read on the day before the approval 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 upon its approval; provided that on July 1, 2028, this Act shall be repealed and section 266-2, Hawaii Revised Statutes, shall be reenacted in the form in which it read on the day before the approval of this Act.

INTRODUCED BY:	_____________________________

HOUSE OF REPRESENTATIVES	H.B. NO.	1936
THIRTY-SECOND LEGISLATURE, 2024
STATE OF HAWAII