HOUSE OF REPRESENTATIVES

H.B. NO.

857

TWENTY-SEVENTH LEGISLATURE, 2013

 

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

RELATING TO SUSTAINABILITY.

 

 

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

 


     SECTION 1.  The legislature in enacting Act 73, Session Laws of Hawaii 2010, determined that it is essential to provide sustained support for Hawaii's food, energy security, and environmental response agenda.  To succeed, the State must ensure a long-term sustainability strategy that is well-resourced and that has the capacity needed to build self-sufficiency in energy, food, and environmental response needs.

     The environmental response, energy, and food security tax was originally intended to support critical investments in clean energy, local agricultural production, and environmental response, reduce the State's dependence on imported fossil fuels and food products, and support environmental activities and programs.

     The Hawaii economic development task force further acknowledged the need for increased support for the energy security special fund and the agricultural development and food security special fund by recommending reallocation of or increasing the environmental response, energy, and food security tax, as reported in its December 29, 2011, report to the legislature.

     The purpose of this Act is to reallocate the amount of the environmental response, energy, and food security tax in order to carry out the intended purposes of chapter 128D-2, Hawaii Revised Statutes, and Act 73.

     SECTION 2.  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)  [5] 10 cents of the tax on each barrel shall be deposited into the environmental response revolving fund established under section 128D-2;

     (2)  [15] 42.5 cents of the tax on each barrel shall be deposited into the energy security special fund established under section 201-12.8;

     (3)  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)  [15] 42.5 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 3.  Act 253, Session Laws of Hawaii 2007, as amended by Act 151, Session Laws of Hawaii 2012, is amended by amending section 8 to read as follows:

     "SECTION 8.  This Act shall take effect on July 1, 2007[; provided that sections 304A-C, 304A-D, and 304A-E, Hawaii Revised Statutes, shall be repealed on June 30, 2013]."

     SECTION 4.  Act 73, Session Laws of Hawaii 2010, is amended by amending section 14 to read as follows:

     "SECTION 14.  This Act shall take effect on July 1, 2010[; provided that sections 2, 3, 4, and 7 of this Act shall be repealed on June 30, 2015, and sections 128D-2, 201-12.8, and 243-3.5, Hawaii Revised Statutes, shall be reenacted in the form in which they read on June 30, 2010]."

     SECTION 5.  Act 73, Session Laws of Hawaii 2010, is amended by repealing section 10.

     ["SECTION 10.  Any unexpended or unencumbered funds remaining in the agricultural development and food security special fund established by this Act, as of the close of business on June 30, 2015, shall lapse to the credit of the general fund."]

     SECTION 6.  There is appropriated out of the energy security special fund the sum of $7,150,000 or so much thereof as may be necessary for fiscal year 2013-2014 and the same sum or so much thereof as may be necessary for fiscal year 2014-2015 to carry out the purposes of this Act.

     The sums appropriated shall be expended by the department of business, economic development, and tourism.

     SECTION 7.  There is appropriated out of the agricultural development and food security special fund the sum of $7,150,000 or so much thereof as may be necessary for fiscal year 2013-2014 and the same sum or so much thereof as may be necessary for fiscal year 2014-2015 to carry out the purposes of this Act.

     The sums appropriated shall be expended by the department of agriculture.

     SECTION 8.  There is appropriated out of the environmental response revolving fund the sum of $1,400,000 or so much thereof as may be necessary for fiscal year 2013-2014 and the same sum or so much thereof as may be necessary for fiscal year 2014-2015 to carry out the purposes of this Act.

     The sums appropriated shall be expended by the department of health.

     SECTION 9.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 10.  This Act shall, upon its approval, take effect on July 1, 2013; provided that section 3 shall take effect on June 29, 2013.

 

INTRODUCED BY:

_____________________________

 

 

BY REQUEST


 


 

Report Title:

Sustainability

 

Description:

Reallocates the Environmental Response, Energy, and Food Security Tax to carry out the intended sustainability purposes of section 128D-2, Hawaii Revised Statutes, and Act 73, Session Laws of Hawaii 2010.  Repeals the sunset date in Act 73, and provides appropriations of the anticipated additional revenues. Removes the repeal date in Act 253, Session Laws of Hawaii 2007, as amended by Act 151, Session Laws of Hawaii 2012, for the Energy Systems Development Special Fund and periodic evaluation and plan of action requirements of the Energy Systems Development Special Fund.

 

 

 

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