THIRTY-FIRST LEGISLATURE, 2022
STATE OF HAWAII
A BILL FOR AN ACT
RELATING TO TRANSPORTATION.
ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The purpose of this Act is to reduce the cost of living and cost of transportation by providing rebates for the purchase and use of electric bicycles and electric mopeds.
SECTION 2. Chapter 196, Hawaii Revised Statutes, is amended by adding a new section to part I to be appropriately designated and to read as follows:
bicycle and electric moped rebate program; third-party administrator; special
fund. (a) The department of transportation shall administer
a rebate program that incentivizes the purchase of new electric bicycles and new
electric mopeds and may contract with a third-party administrator pursuant to
subsection (i) to operate and manage the rebate program.
(b) Each eligible purchase
of a new electric bicycle or new electric moped shall receive a rebate of either
twenty per cent of the retail cost or $500, whichever amount is lower; provided
that no individual shall receive more than $500 in total rebates each fiscal
(c) The department of transportation shall not
issue more than $700,000 in total rebates under this section each fiscal year; provided
that the electric bicycle and electric moped subaccount within the highway development
special fund pursuant to section 264-122(d) contains
sufficient funds to pay the rebates. The
department of transportation shall not be liable to pay any refund if sufficient
funds are unavailable. The department of
transportation shall allow valid claims filed by eligible applicants for whom sufficient
funds may not be immediately available to receive a rebate as funds may be available
in a subsequent year.
(d) The department of transportation shall:
(1) Prepare any
forms that may be necessary for an applicant to claim a rebate pursuant to this
(2) Require each
applicant to furnish reasonable information to ascertain the validity of the
claim, including but not limited to the signature of the buyer and individual responsible
for the sale on behalf of a retail store at the time of sale, a copy of valid government
issued photo identification of the buyer at the time of the sale, receipt of purchase,
name and address of the retail store, verification of eligibility, and any other
documentation necessary to demonstrate the legitimate purchase of a new electric
bicycle or new electric moped.
(e) This section shall apply to new:
(1) Electric bicycles capable of speeds of no more than twenty-eight miles per hour; and
(2) Electric mopeds,
purchased at a retail store after July 1, 2022.
Applicants shall submit an application to the department of transportation
within twelve months of the date of purchase to claim a rebate from the
electric bicycle and electric moped rebate program. Failure to apply within twelve months of the
date of purchase shall constitute a waiver of the right to claim the rebate.
(g) Nothing in this section shall alter taxes due
on the original purchase. Any rebate
received pursuant to this section shall not be considered income for the
purposes of state or county taxes.
(h) In administering the electric bicycle and electric
moped rebate program, the department of transportation shall provide rebates to
persons eighteen years or older who:
(1) Are eligible for:
Supplemental Nutrition Assistance Program;
free and reduced price lunch program;
8 of the United States Housing Act of 1937, as amended; or
low-income assistance programs identified by the department of transportation;
(2) Do not own a registered
motor vehicle with four or more wheels, as demonstrated by an affidavit signed by
the applicant at the time of sale of the new electric bicycle or electric moped,
which may be audited by the department of transportation; or
(3) Are enrolled in
school, community college, or university.
(i) The department of transportation may contract
with a third-party administrator to operate and manage the electric bicycle and
electric moped rebate program. The third-party
administrator shall not be deemed to be a "governmental body" as
defined in section 103D-104; provided that all moneys transferred to the
third-party administrator shall have been appropriated by the legislature or
shall be from moneys provided by the federal government or private funding
sources. The third-party administrator
shall not expend more than ten per cent of the amounts appropriated for the
rebate program, or any other reasonable percentage determined by the department
of transportation, for administration of the electric bicycle and electric moped
SECTION 3. Section 264-122, Hawaii Revised Statutes, is amended to read as follows:
§264-122[ ]] Highway development special fund. (a)
There is established in the state treasury the highway development
special fund to be administered by the department, into which shall be
(1) Transfers of county impact fees assessed under part VIII of chapter 46 and this part to pay for state highway improvements;
(2) Interest from investment of deposits; and
(3) Legislative and county appropriations.
(b) Moneys in the highway development special fund shall be used for the following purposes:
(1) Capital costs of qualifying proposed state highway improvements;
(2) Reevaluation of the need, geographic limitations, amount, and use of impact fees;
(3) Transfers to reimburse other special funds for expenditures which otherwise might have been funded with moneys in the highway development special fund;
(4) Transfers under sections 36-27 and 36-30;
(5) Refunds under section 264-125; and
(6) The department’s costs to implement this part, including but not limited to costs to administer the highway development special fund.
(c) The department may establish accounts in the highway development special fund as necessary to implement this part and rules adopted by the department.
(d) There is established within the highway development special fund an electric bicycle and electric moped subaccount. The department shall expend moneys in the subaccount for the purposes of funding the electric bicycle and electric moped rebate program established pursuant to section 196- ."
SECTION 4. There is appropriated out of the general revenues of the State of Hawaii the sum of $2,100,000 or so much thereof as may be necessary for fiscal year 2022-2023 to be deposited into the electric bicycle and electric moped subaccount established pursuant to section 264-11(d), Hawaii Revised Statutes.
The sum appropriated shall be expended by the department of transportation for the purposes of this Act.
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, 2022.
Electric Bicycle and Electric Moped Rebate Program; Subaccount; Appropriation
Establishes the Electric Bicycle and Electric Moped Rebate Program and subaccount to encourage the purchase and use of electric bicycles and electric mopeds. Appropriates funds for the electric bicycle and electric moped subaccount. (CD1)
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.