THE SENATE

S.B. NO.

745

TWENTY-SIXTH LEGISLATURE, 2011

S.D. 2

STATE OF HAWAII

H.D. 1

 

 

 

 

 

A BILL FOR AN ACT

 

 

RELATING TO SEAWATER AIR CONDITIONING.

 

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 


     SECTION 1.  The legislature finds that seawater air conditioning district cooling systems help to reduce our dependence on fossil fuels and help our economy.  The twenty-eight thousand ton seawater air conditioning district cooling system under development for downtown Honolulu can potentially reduce Oahu's dependence on imported oil by as much as one hundred seventy-eight thousand barrels annually.

     The downtown Honolulu seawater air conditioning project is expected to generate millions of dollars in construction project spending and create a significant amount of long-term gainful employment.  Other local economic development benefits will accrue from money that is kept in circulation within the State and not exported outside the State to purchase oil.

     During the lifetime of this cooling system, local spending would exceed $272,000,000.  The calculated output based on this local spending is $504,000,000.  This amount of local spending would also generate $161,000,000 in earnings and 2,978 full-time-equivalent person-years of jobs.  This is equivalent to one hundred twelve full-time jobs for twenty-six and a half years.

     Furthermore, this project will generate additional revenues for the State over its more than twenty-five-year life, including an estimated $16,961,000 in additional tax revenue during the calendar year period from 2011 to 2013.  During this same period, this project will be eligible for $811,000 in enterprise zone benefits after the construction period.  Therefore, the net fiscal benefit to the State during this period will be $16,150,000.  If this project is not completed, there will be a net revenue loss to the State of $16,150,000.  During its lifetime, the system would generate $27,300,000 in new state taxes.

     The purpose of this Act is to assist seawater air conditioning district cooling systems by allowing the systems to benefit from the State's enterprise zone program.

     SECTION 2.  Section 209E-2, Hawaii Revised Statutes, is amended by amending the definition of "eligible business activity" to read as follows:

     ""Eligible business activity" means the:

     (1)  Manufacture of tangible personal property, the wholesale sale of tangible personal property as described in section 237-4, or a service business as defined in this section;

     (2)  Production of agricultural products where the business is a producer as defined in section 237-5, or the processing of agricultural products, all or some of which were grown within an enterprise zone;

     (3)  Research, development, sale, or production of all types of genetically-engineered medical, agricultural, or maritime biotechnology products; [or]

     (4)  Production of electric power from wind energy for sale primarily to a public utility company for resale to the public[.]; or

     (5)  Production of air conditioning from a seawater air conditioning district cooling system."

     SECTION 3.  Section 209E-11, Hawaii Revised Statutes, is amended to read as follows:

     "§209E-11  State general excise exemptions.  The department shall certify annually to the department of taxation that any qualified business is exempt from the payment of general excise taxes on the gross proceeds from an eligible business activity as defined in this chapter; provided that agricultural businesses other than those engaged in the production of genetically-engineered agricultural products shall not be exempt from the payment of general excise taxes on the gross proceeds of agricultural retail sales.  The gross proceeds received by a contractor licensed under chapter 444 shall be exempt from the general excise tax for construction within an enterprise zone performed for a qualified business within an enterprise zone or a business that has been approved by the department to enroll into the enterprise zone program[.]; provided that the gross proceeds received by a contractor licensed under chapter 444 in connection with the construction of a seawater air conditioning district cooling system shall not be exempt from the general excise tax.  The exemption shall extend for a period not to exceed seven years; provided that for qualified businesses engaged in the manufacturing of tangible personal property or the producing or processing of agricultural products, the exemption shall extend for a period not to exceed ten years; provided further that if a force majeure event occurs, then the period of time shall be tolled until the force majeure event ceases."

     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, 2112.



 

Report Title:

Enterprise Zones; Seawater Air Conditioning Cooling System

 

Description:

Includes the production of air conditioning from a seawater air conditioning district cooling system within the definition of "eligible business activity" under the State's Enterprise Zone program.  Stipulates that gross proceeds received by a contractor in connection with the construction of a seawater air conditioning district cooling system shall not be exempt from the general excise tax.  Effective July 1, 2112.  (SB745 HD1)

 

 

 

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