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GM 1123

Informing the Legislature that on May 21, 2026, the Governor signed the following bill into law: SB3102 SD2 HD2 (ACT 023).

2026 Regular Session

Hawaii establishes formal port pilot licensure with a safety-focused, regulated process to ensure adequate pilot supply and consistent rules across ports.

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Bill Summary · GM 1123

Overview

  • Bill: SB3102, SD2, HD2 (Act 023)
  • Jurisdiction: Hawaii
  • Session: 2026
  • Effective date: July 1, 2026
  • Enactment: Signed into law by the Governor on May 21, 2026
  • Topic: Port piloting licensure and related directorate duties and processes

Main purpose and intent

  • Establish and formalize licensure standards, standards development, and administrative processes for port pilots in Hawaii.
  • Clarify the duties of the Director of Transportation in coordination with the Department of Commerce and Consumer Affairs (DCCA) regarding port pilot licensure.
  • Create a framework to ensure safe, efficient pilotage services across Hawaii’s commercial ports, with adequate pilot supply and consistent rulemaking.

Key provisions and changes

  • Section 1: New duties for the Director of Transportation

    • The director or designee must provide information, data, reports, and consultative input to DCCA for establishing port pilot licensure standards, requirements, and criteria.
    • The input must cover minimum examinations, the number of pilots needed for efficient pilotage, pilot fees, and other rules to ensure safe pilotage.

  • Section 2: Powers and duties of the Director of Transportation (in relation to port pilots)

    • Grant licenses to port pilots and deputy port pilots as needed.
    • Adopt, amend, or repeal rules in coordination with the Department of Transportation (DOT) and consistent with Chapter 91 to support efficient navigation, a safety-focused pilotage system, and an adequate pilot supply.
    • Develop licensure and renewal standards to maintain an adequate pilot supply based on user needs and DOT harbors division input.
    • Enforce the chapter and rules; suspend, revoke, or deny licenses for specified causes; investigate violations; improve disciplinary/enforcement programs; and take reasonable actions to ensure safe pilotage and efficient administration.

  • Section 3: Adequate supply of licenses (462A-3.5)

    • The Director, with DOT input, must determine the number of pilots needed for an efficient pilotage service.
    • The Department of Transportation (in consultation with users of pilotage services and the State’s port pilots’ professional association) must give primary consideration to public interest in maintaining an adequate qualified pilot supply.

  • Section 4: Denial, suspension, or revocation (462A-8)

    • Lists grounds for denying, suspending, or revoking licenses, including violations of the chapter or rules, negligent pilotage causing damage, substance impairment, physical/mental inability, failure to maintain active service, fraudulent license procurement, deceptive practices, violations of marine safety laws, failure to report marine accidents, and failure to maintain a current federal pilot license.

  • Section 5: Rates of pilotage (462A-11)

    • Rates, effective July 1, 1978, remain unless changed following a public hearing with due notice to pilots, the pilot association, and vessel owners/charterers/operators/agents who have registered.
    • The director must set rates in a manner that is fair, considering operating expenses, depreciation, investments, and rates at comparable U.S. ports.
    • Appeals on rate decisions may be made to circuit court per Chapter 91.

  • Section 6: Description of pilotage waters (462A-17)

    • Defines pilotage waters for various ports (e.g., Honolulu, Nawiliwili, Kahului, Hilo, Kawaihae, Barbers Point) with specific geographic boundaries.

  • Section 7: Vessels required to take a pilot (462A-18)

    • Requires vessels (except certain exempt vessels) entering or departing pilotage waters to employ a licensed pilot, with exceptions for imminent danger or public safety hazards when a pilot is not available.

  • Section 8: Exempt vessels (462A-19)

    • Specifies exemptions, including federally licensed pilots on U.S. vessels, certain public and fishing vessels, small tugs/towboats under 1,600 gross tons under specified conditions, and vessels under 300 gross tons.
    • Clarifies that exemptions do not negate the DOT’s safety responsibilities or allow for waivers that would undermine port safety, and that additional pilotage requirements may still be imposed as necessary.

  • Section 9: Repealed/revised material

    • Statutory material is updated, with new provisions underscored.

  • Section 10: Effective date

    • Act takes effect July 1, 2026.

Affected parties and stakeholders

  • Port pilots and deputy port pilots (licensing, renewal, discipline)
  • Hawaii Department of Transportation (DOT) and its harbors division (standards, licensure coordination)
  • Department of Commerce and Consumer Affairs (DCCA) (consultation and input on licensure standards)
  • Port users and vessel owners/operators/charterers/agents (rates, consultations)
  • Pilot associations and professional organizations of port pilots in Hawaii (input on adequacy of supply)
  • Public and commercial ports across Hawaii (safety and efficiency implications)

Procedural and timeline aspects

  • New duties and powers become effective July 1, 2026.
  • Establishment of licensure standards and pilotage policies to be developed in consultation among DOT, DCCA, and relevant stakeholders.
  • Any rate changes require a public hearing with notice at least 30 days prior to hearing.
  • Licensure actions (grant, denial, suspension, revocation) subject to specified grounds and due process as outlined in the statute.
  • Rates and waters definitions codified to guide enforcement and operations.

Potential impact

  • Standardized, transparent licensure process for port pilots, with clearer input from transportation and consumer protection agencies.
  • Improved safety and efficiency of maritime pilotage services across Hawaii’s ports.
  • Increased predictability for vessel operators regarding pilotage requirements and costs.
  • Enhanced oversight and disciplinary framework for pilots to maintain high professional standards.

Compiled from official sources — confirm details with the bill’s official record.

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