STAND. COM. REP. NO. 2791

Honolulu, Hawaii

RE: S.B. No. 2746

S.D. 2

Honorable Ronald D. Kouchi

President of the Senate

Thirty-Second State Legislature

Regular Session of 2024

State of Hawaii

Sir:

Your Committee on Ways and Means, to which was referred S.B. No. 2746, S.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO HARBOR SAFETY,"

begs leave to report as follows:

The purpose and intent of this measure is to direct the Department of Transportation to require that the securing of mooring lines from vessels requiring tug assistance to commercial docks, wharves, piers, quays, and landings be performed by stevedoring companies.

Your Committee received written comments in support of this measure from Hawaii Ports Maritime Council; Hawaii Teamsters and Allied Workers Local 996; IBEW Local Union 1186; International Longshore and Warehouse Union Local 142; International Union of Painters and Allied Trades, District Council 50; Laborers' International Union Local 368; Marine Firemen's Union; Operating Engineers Local 3; Plumbers and Fitters Local 675; and numerous individuals.

Your Committee received written comments in opposition to this measure from American Marine Corporation; American Waterways Operators; Chamber of Commerce Hawaii; Contractors Association of Kauai; General Contractors Association of Hawaii; Hawaii Cost of Living Coalition; Hawaii Energy Marketers Association; Hawaii Shippers' Council; Hawaiian Cement; Island Energy Services; Island Plastic Bags, Inc.; Maui Chamber of Commerce; Par Hawaii; and Retail Merchants of Hawaii.

Your Committee received written comments on this measure from the Department of Transportation; Public Utilities Commission; Building Industry Association of Hawaii; Hawaii Gas; and Sause Bros., Inc.

Your Committee finds that requiring the use of a stevedoring company to secure mooring lines when vessels are pulled into a harbor by tug will help to ensure the safety of the State's harbors and harbor workers. However, your Committee recognizes the need to balance the safety of the State's harbors and harbor workers with the timely delivery of supplies to the neighbor islands. Accordingly, your Committee believes that an appropriate method of achieving balance is to exempt from the requirements of this measure the securing of mooring lines by any tug operator that is both regulated by the United States Coast Guard and a signatory to a collective bargaining agreement.

Your Committee has amended this measure by:

(1) Exempting from the requirements of this measure the securing of mooring lines by any tug operator that is both regulated by the United States Coast Guard and a signatory to a collective bargaining agreement; and

(2) Making technical nonsubstantive changes for purposes of clarity, consistency, and style.

As affirmed by the record of votes of the members of your Committee on Ways and Means that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 2746, S.D. 1, as amended herein, and recommends that it pass Third Reading in the form attached hereto as S.B. No. 2746, S.D. 2.

Respectfully submitted on behalf of the members of the Committee on Ways and Means,

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DONOVAN M. DELA CRUZ, Chair