Hawaii 2022 Regular Session

Hawaii House Bill HB1207 Compare Versions

Only one version of the bill is available at this time.

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1	1	HOUSE OF REPRESENTATIVES H.B. NO. 1207 THIRTY-FIRST LEGISLATURE, 2021 STATE OF HAWAII A BILL FOR AN ACT RELATING TO Environmental response. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
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3	3	HOUSE OF REPRESENTATIVES H.B. NO. 1207
4	4	THIRTY-FIRST LEGISLATURE, 2021
5	5	STATE OF HAWAII
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7	7	HOUSE OF REPRESENTATIVES
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9	9	H.B. NO.
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11	11	1207
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13	13	THIRTY-FIRST LEGISLATURE, 2021
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17	17	STATE OF HAWAII
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31	31	A BILL FOR AN ACT
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37	37	RELATING TO Environmental response.
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43	43	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
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47	47	SECTION 1. Section 128D-2, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows: "(a) There is created within the state treasury an environmental response revolving fund, which shall consist of moneys appropriated to the fund by the legislature, moneys paid to the fund as a result of departmental compliance proceedings, moneys paid to the fund pursuant to court-ordered awards or judgments, moneys paid to the fund in court-approved or out-of-court settlements, all interest attributable to investment of money deposited in the fund, moneys deposited in the fund from the environmental response[, energy, and food security] tax pursuant to section 243-3.5, and moneys allotted to the fund from other sources." SECTION 2. Section 141-10, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows: "(b) The following moneys shall be deposited into the special fund: [(1) The portion of the environmental response, energy, and food security tax specified under section 243-3.5; (2)] (1) Any appropriation by the legislature into the special fund; [(3)] (2) Any grant or donation made to the special fund; and [(4)] (3) Any interest earned on the balance of the special fund." SECTION 3. Section 201-12.8, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows: "(a) There is created within the state treasury an energy security special fund, which shall consist of: [(1) The portion of the environmental response, energy, and food security tax specified under section 243-3.5; (2)] (1) Moneys appropriated to the fund by the legislature; [(3)] (2) All interest attributable to investment of money deposited in the fund; and [(4)] (3) Moneys allotted to the fund from other sources, including under section 196-6.5." SECTION 4. Section 243-3.5, Hawaii Revised Statutes, is amended as follows: 1. By amending its title and subsections (a) and (b) to read: "§243-3.5 Environmental response[, energy, and food security] tax; uses. (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 shall be deposited into the environmental response revolving fund established under section 128D-2[; (2) 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-2169.1; and (4) 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. (b) In addition to subsection (a), the tax shall also be imposed on each one million British thermal units of fossil fuel sold by a distributor to any retail dealer or end user, other than a refiner, of fossil fuel. The tax shall be 19 cents on each one million British thermal units of fossil fuel[; provided that of the tax collected pursuant to this subsection: (1) 4.8 per cent of the tax on each one million British thermal units shall be deposited into the environmental response revolving fund established under section 128D-2; (2) 14.3 per cent of the tax on each one million British thermal units shall be deposited into the energy security special fund established under section 201-12.8; (3) 9.5 per cent of the tax on each one million British thermal units shall be deposited into the energy systems development special fund established under section 304A-2169.1; and (4) 14.3 per cent of the tax on each one million British thermal units 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 fossil fuel." 2. By amending subsection (f) to read: "(f) Notwithstanding section 248-8 to the contrary, the environmental response[, energy, and food security] tax collected under this section shall be deposited into the general fund; provided that taxes collected for deposit into the environmental response revolving fund pursuant to subsection (a) shall be paid over to the director of finance for deposit [as provided in subsection (a) or (b), as the case may be]." SECTION 5. Section 304A-2169.1, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows: "(b) Deposits into the special fund may be from the following: (1) Appropriations from the legislature; and [(2) A portion of the environmental response, energy, and food security tax pursuant to section 243-3.5; and (3)] (2) Investment earnings, gifts, donations, or other income received by the Hawaii natural energy institute." SECTION 6. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored. SECTION 7. This Act shall take effect on July 1, 2021. INTRODUCED BY: _____________________________
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49	49	SECTION 1. Section 128D-2, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:
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51	51	"(a) There is created within the state treasury an environmental response revolving fund, which shall consist of moneys appropriated to the fund by the legislature, moneys paid to the fund as a result of departmental compliance proceedings, moneys paid to the fund pursuant to court-ordered awards or judgments, moneys paid to the fund in court-approved or out-of-court settlements, all interest attributable to investment of money deposited in the fund, moneys deposited in the fund from the environmental response[, energy, and food security] tax pursuant to section 243-3.5, and moneys allotted to the fund from other sources."
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53	53	SECTION 2. Section 141-10, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:
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55	55	"(b) The following moneys shall be deposited into the special fund:
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57	57	[(1) The portion of the environmental response, energy, and food security tax specified under section 243-3.5;
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59	59	(2)] (1) Any appropriation by the legislature into the special fund;
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61	61	[(3)] (2) Any grant or donation made to the special fund; and
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63	63	[(4)] (3) Any interest earned on the balance of the special fund."
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65	65	SECTION 3. Section 201-12.8, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:
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67	67	"(a) There is created within the state treasury an energy security special fund, which shall consist of:
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69	69	[(1) The portion of the environmental response, energy, and food security tax specified under section 243-3.5;
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71	71	(2)] (1) Moneys appropriated to the fund by the legislature;
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73	73	[(3)] (2) All interest attributable to investment of money deposited in the fund; and
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75	75	[(4)] (3) Moneys allotted to the fund from other sources, including under section 196-6.5."
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77	77	SECTION 4. Section 243-3.5, Hawaii Revised Statutes, is amended as follows:
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79	79	1. By amending its title and subsections (a) and (b) to read:
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81	81	"§243-3.5 Environmental response[, energy, and food security] tax; uses. (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[:],
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83	83	[(1)] 5 cents of the tax on each barrel shall be deposited into the environmental response revolving fund established under section 128D-2[;
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85	85	(2) 5 cents of the tax on each barrel shall be deposited into the energy security special fund established under section 201-12.8;
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87	87	(3) 10 cents of the tax on each barrel shall be deposited into the energy systems development special fund established under section 304A-2169.1; and
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89	89	(4) 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].
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91	91	The tax imposed by this subsection shall be paid by the distributor of the petroleum product.
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93	93	(b) In addition to subsection (a), the tax shall also be imposed on each one million British thermal units of fossil fuel sold by a distributor to any retail dealer or end user, other than a refiner, of fossil fuel. The tax shall be 19 cents on each one million British thermal units of fossil fuel[; provided that of the tax collected pursuant to this subsection:
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95	95	(1) 4.8 per cent of the tax on each one million British thermal units shall be deposited into the environmental response revolving fund established under section 128D-2;
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97	97	(2) 14.3 per cent of the tax on each one million British thermal units shall be deposited into the energy security special fund established under section 201-12.8;
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99	99	(3) 9.5 per cent of the tax on each one million British thermal units shall be deposited into the energy systems development special fund established under section 304A-2169.1; and
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101	101	(4) 14.3 per cent of the tax on each one million British thermal units shall be deposited into the agricultural development and food security special fund established under section 141-10].
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103	103	The tax imposed by this subsection shall be paid by the distributor of the fossil fuel."
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105	105	2. By amending subsection (f) to read:
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107	107	"(f) Notwithstanding section 248-8 to the contrary, the environmental response[, energy, and food security] tax collected under this section shall be deposited into the general fund; provided that taxes collected for deposit into the environmental response revolving fund pursuant to subsection (a) shall be paid over to the director of finance for deposit [as provided in subsection (a) or (b), as the case may be]."
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109	109	SECTION 5. Section 304A-2169.1, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:
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111	111	"(b) Deposits into the special fund may be from the following:
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113	113	(1) Appropriations from the legislature; and
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115	115	[(2) A portion of the environmental response, energy, and food security tax pursuant to section 243-3.5; and
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117	117	(3)] (2) Investment earnings, gifts, donations, or other income received by the Hawaii natural energy institute."
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119	119	SECTION 6. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
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121	121	SECTION 7. This Act shall take effect on July 1, 2021.
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125	125	INTRODUCED BY: _____________________________
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127	127	INTRODUCED BY:
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129	129	_____________________________
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135	135	Report Title: Environmental Response; Barrel Tax; Fossil Fuels; General Fund Description: Renames the environmental response, energy, and food security tax the environmental response tax. Repeals the deposit of taxes collected on barrels of petroleum products into the energy security special fund, energy systems development special fund, and agricultural development and food security special fund. Requires all taxes collected on each one million British thermal units of fossil fuels to be deposited into the general fund. The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
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141	141	Report Title:
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143	143	Environmental Response; Barrel Tax; Fossil Fuels; General Fund
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147	147	Description:
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149	149	Renames the environmental response, energy, and food security tax the environmental response tax. Repeals the deposit of taxes collected on barrels of petroleum products into the energy security special fund, energy systems development special fund, and agricultural development and food security special fund. Requires all taxes collected on each one million British thermal units of fossil fuels to be deposited into the general fund.
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157	157	The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.