HOUSE OF REPRESENTATIVES

H.B. NO.

988

TWENTY-SEVENTH LEGISLATURE, 2013

H.D. 1

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

RELATING TO NATIVE WILDLIFE.

 

 

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

 


SECTION 1. The legislature finds that Hawaii has the largest concentration of endangered and threatened species in the world, a majority of which are birds. Of more than one hundred types of endemic Hawaiian birds, more than two-thirds are already extinct and over eighty per cent of those that remain are threatened with extinction. Furthermore, there are more than fourteen million seabirds that rely on habitats in the Hawaiian archipelago. It is imperative that the State protect these endangered and endemic animals if an oil or fuel-related disaster affecting native wildlife were to occur.

The legislature finds that the Hawaii Wildlife Center's mission is to conserve Hawaii's native wildlife through emergency response, rehabilitation, education, and research. The Center is the only native wildlife emergency response and rehabilitation facility in the State and in the Pacific Island region. In addition, the Center is the only facility within the State that meets all federal and state standards for accommodating a large-scale rescue and rehabilitation effort targeting sick, injured, or oiled wildlife. A purpose built and operational oiled-wildlife response facility is the standard set for highly successful emergency responses as it provides efficient, state-of-the-art wildlife care, control of animal and hazardous waste handling and tracking, and ensures the safety of everyone working with oiled wildlife. Also, the Center serves as a critical emergency response facility for the training of response personnel and volunteers and for the rehabilitation of injured, sick, and contaminated wildlife throughout the Pacific Islands region.

The purpose of this Act is to increase the environmental response, energy, and food security tax to support the operations of an environmental disaster standby and response facility to respond to oil and fuel-related disasters affecting native wildlife in the State.

SECTION 2. Chapter 195D, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"195D- Wildlife recovery and rehabilitation special fund. (a) There is created within the state treasury the wildlife recovery and rehabilitation special fund, which shall consist of:

(1) The portion of the tax specified under section 243-3.5;

(2) Moneys appropriated to the fund by the legislature;

(3) All interest attributable to investment of money deposited in the fund; and

(4) Moneys allotted to the fund from other sources.

(b) Moneys from the fund shall be expended by the department of land and natural resources to support the operations of an environmental disaster standby and response facility in the State that shall be responsible for the recovery and rehabilitation of native wildlife that are sickened, injured, or contaminated as a result of an oil or fuel-related disaster in the State.

(c) Moneys from the fund shall not be expended for any other purpose except for those set forth in this section."

SECTION 3. Section 243-3.5, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

"(a) In addition to any other taxes provided by law, subject to the exemptions set forth in section 243-7, there is hereby imposed a state environmental response, energy, and food security tax on each barrel or fractional part of a barrel of petroleum product sold by a distributor to any retail dealer or end user of petroleum product, other than a refiner. The tax shall be [$1.05] $      on each barrel or fractional part of a barrel of petroleum product that is not aviation fuel; provided that of the tax collected pursuant to this subsection:

(1) The first $275,000 shall be deposited into the wildlife recovery and rehabilitation special fund established under section 195D-   ;

(2) 5 cents of the tax on each barrel shall be deposited into the environmental response revolving fund established under section 128D-2;

[(2)] (3) 15 cents of the tax on each barrel shall be deposited into the energy security special fund established under section 201-12.8;

[(3)] (4) 10 cents of the tax on each barrel shall be deposited into the energy systems development special fund established under section 304A-2169; and

[(4)] (5) 15 cents of the tax on each barrel shall be deposited into the agricultural development and food security special fund established under section 141-10.

The tax imposed by this subsection shall be paid by the distributor of the petroleum product."

SECTION 4. Section 243-3.5, Hawaii Revised Statutes, is amended as follows:

1. By amending subsection (a) to read:

"(a) In addition to any other taxes provided by law, subject to the exemptions set forth in section 243-7, there is hereby imposed at times provided in section 128D-2 a state environmental response tax of [5] 7 cents on each barrel or fractional part of a barrel of petroleum product sold by a distributor to any retail dealer or end user, other than a refiner, of petroleum product; provided that      cents of the tax on each barrel shall be used pursuant to section 128D-2 to address concerns relating to drinking water[.] and $275,000 of the tax revenues shall be deposited into the wildlife recovery and rehabilitation special fund established under section 195D-   . The tax imposed by this subsection shall be paid by the distributor of the petroleum product."

2. By amending subsection (c) to read:

"(c) Notwithstanding section 248-8 to the contrary, the environmental response tax collected under this section shall be paid over to the director of finance for deposit into the environmental response revolving fund established by section 128D-2[.] except as provided in subsection (a)."

SECTION 5. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 6. This Act shall take effect on July 1, 2013; provided that section 4 of this Act shall take effect on June 30, 2015.



 

Report Title:

Environmental Disaster Responses; Wildlife Rehabilitation and Recovery

 

Description:

Increases the environmental response, energy, and food security tax by an unspecified amount until June 30, 2015, and then by 2 cents per barrel on June 30, 2015, and deposits a specified amount of the increases into the wildlife recovery and rehabilitation special fund. Establishes the wildlife recovery and rehabilitation special fund to support the operations of a facility to respond to oil and fuel-related disasters affecting native wildlife in the State. Effective July 1, 2013. (HB988 HD1)

 

 

 

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.