Hawaii SB 2400: RELATING TO TRANSPORTATION.

Bill Text

THE SENATE
THIRTY-THIRD LEGISLATURE, 2026
STATE OF HAWAII
JAN 2 1 2026
S.B. NO. 2400
A BILL FOR AN ACT
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RELATING TO TRANSPORTATION.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The legislature finds that wing-in-ground
craft, which are often referred to as "seagliders," are an
emerging interisland mode of transportation. These vessels
utilize wing-in-ground-effect technology to provide a novel,
zero-emission, inexpensive, and highly efficient mode of
transportation. Wing-in-ground craft operate on water while in
harbors, leverage hydrofoils while transiting, and fly within a
wingspan's length above the water, enabling rapid transportation
between ports.
The legislature further finds that because wing-in-ground
craft operators aim to directly complement existing air travel
by providing statewide interisland transportation, subjecting
these operators to the public utilities commission's water
carrier regulations would impose undue oversight and increase
costs without improving public safety or consumer protection.
In particular, the legislature notes that the United States
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S.B. NO. 2-4100
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Coast Guard oversees the public safety and consumer protection
aspects of wing-in-ground craft.
The legislature further finds that exempting wing-in-ground
craft from public utilities commission jurisdiction will benefit
the State by:
(1) Supporting Hawaii's statutory decarbonization goals,
including:
(A) Section 225P-5, Hawaii Revised Statutes, which
establishes statewide emissions reduction targets
for the years 2030 and 2045;
(B) Section 225P-7, Hawaii Revised Statutes, which
establishes as a goal for the State the
decarbonization of the transportation sector and
state agency fleets; and
(C) Section 225P-8, Hawaii Revised Statutes, which
establishes a statewide goal of zero emissions
across all transportation modes, including ground
transportation and sea and air interisland
transportation.
In light of these goals, the Hawaii state energy
office, in its "pathways to decarbonization" report to
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S.B. NO.
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the legislature pursuant to Act 238, Session Laws of
Hawaii 2022, identified the use of wing-in-ground
craft as a strategic decarbonization measure. The use
of wing-in-ground craft also helps to fulfill the
requirements of the Navahine settlement agreement
between the Hawaii Department of Transportation and
the youth plaintiffs;
(2) Enhancing connectivity for underserved communities,
including improving healthcare access between the
Hawaiian islands and the hospitals and medical
facilities on Oahu by providing an affordable
transportation option;
(3) Bolstering state resiliency efforts, including
emergency response, humanitarian rescue, and food
security, by providing rapid transportation to
otherwise inaccessible areas of need;
(4) Stimulating education and workforce development
opportunities in the green economy as the market for
wing-in-ground craft travel grows;
(5) Attracting sustainable infrastructure investment; and
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S.B. NO. 2900
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(6) Enhancing the State's economy through job creation in
the green economy.
Accordingly, the purpose of this Act is to exempt persons
operating wing-in-ground craft from the application of the
Hawaii Water Carriers Act.
SECTION 2. Section 271G-5, Hawaii Revised Statutes, is
amended by adding a new definition to be appropriately inserted
and to read as follows:
""Wing-in-ground craft" means a vessel that is capable of
operating completely above the surface of water on a dynamic air
cushion created by the aerodynamic lift caused by the ground
effect between the vessel and the water's surface."
SECTION 3. Section 271G-6, Hawaii Revised Statutes, is
amended to read as follows:
"§271G-6 Exemptions, generally. Notwithstanding any other
provisions of this chapter, its contents shall not apply to:
(1) Persons transporting their own property where the
transportation is in furtherance of a primary business
purpose or enterprise of that person except where the
transportation is undertaken by a water carrier to
evade the regulatory purposes of this chapter;
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S.B. NO.
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(2) Nonprofit agricultural cooperative associations to the
extent that they engage in the transportation of their
own property or the property of their members;
(3) Persons engaged in the transportation over water of
passengers or property for compensation, other than
transportation referred to in the definition of "water
carrier" or "common carrier by water" in section
271G-5 under continuing contracts with one person or a
limited number of persons for the furnishing of
transportation services:
(A) Through the assignment of vessels for a
continuing period of t