THE SENATE

S.B. NO.

1296

TWENTY-EIGHTH LEGISLATURE, 2015

 

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

RELATING TO disposition of tax revenues.

 

 

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

 


     SECTION 1.  The purpose of this Act is to address taxes by setting maximum amounts to be distributed to various non-general funds from the environmental response, energy, and food security tax, which is more commonly known as the "barrel tax."  The tax revenues remaining after distribution shall continue to be deposited into the general fund.

     By establishing maximum amounts for distribution among the non-general funds, the legislature intends that this Act:

     (1)  Make forecasts of general fund revenues more reliable;

     (2)  Increase legislative oversight of the agencies and programs supported by the non-general funds; and

     (3)  Subject those agencies and programs to competition for limited public funds if the agencies or programs want more than the amount automatically distributed to their non-general funds.

     The legislature finds that this Act promotes budgetary planning and transparency.

     The legislature further finds that the distribution method used for the transient accommodations tax revenues, which are distributed among the convention center, Hawaii tourism authority, and counties by dollar amounts, serves as the model for this Act.

     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 cents of the tax on each barrel, but not more than $1,300,000 in a fiscal year, shall be deposited into the environmental response revolving fund established under section 128D-2;

     (2)  15 cents of the tax on each barrel, but not more than $3,800,000 in a fiscal year, shall be deposited into the energy security special fund established under section 201-12.8;

     (3)  10 cents of the tax on each barrel, but not more than $2,600,000 in a fiscal year, shall be deposited into the energy systems development special fund established under section [[]304A-2169.1[]]; and

     (4)  15 cents of the tax on each barrel, but not more than $3,800,000 in a fiscal year, 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.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 4.  This Act shall take effect on July 1, 2015; provided that the amendments made to section 243-3.5(a), Hawaii Revised Statutes, by section 2 of this Act shall not be repealed when section 243-3.5, Hawaii Revised Statutes, is reenacted on June 30, 2030, pursuant to section 14 of Act 73, Session Laws of Hawaii 2010, as amended by section 3(2) of Act 107, Session Laws of Hawaii 2014.

 

INTRODUCED BY:

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Report Title:

Environmental Response, Energy, and Food Security Tax; Distribution Maximums

 

Description:

Establishes maximum dollar amounts that shall be distributed among certain non-general funds from the environmental response, energy, and food security tax.  Retains provision that the general fund receive the remainder after distribution.

 

 

 

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