Hawaii 2022 Regular Session

Hawaii House Bill HB1319 Compare Versions

OldNewDifferences
1-HOUSE OF REPRESENTATIVES H.B. NO. 1319 THIRTY-FIRST LEGISLATURE, 2021 H.D. 1 STATE OF HAWAII A BILL FOR AN ACT RELATING TO CARBON PRICING. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
1+HOUSE OF REPRESENTATIVES H.B. NO. 1319 THIRTY-FIRST LEGISLATURE, 2021 STATE OF HAWAII A BILL FOR AN ACT RELATING TO CARBON PRICING. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
22
33 HOUSE OF REPRESENTATIVES H.B. NO. 1319
4-THIRTY-FIRST LEGISLATURE, 2021 H.D. 1
4+THIRTY-FIRST LEGISLATURE, 2021
55 STATE OF HAWAII
66
77 HOUSE OF REPRESENTATIVES
88
99 H.B. NO.
1010
1111 1319
1212
1313 THIRTY-FIRST LEGISLATURE, 2021
1414
15-H.D. 1
15+
1616
1717 STATE OF HAWAII
1818
1919
2020
2121
2222
2323
2424
2525
2626
2727
2828
2929
3030
3131 A BILL FOR AN ACT
3232
3333
3434
3535
3636
3737 RELATING TO CARBON PRICING.
3838
3939
4040
4141
4242
4343 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
4444
4545
4646
47- SECTION 1. The legislature finds that climate change is the most critical issue confronting the State. The overwhelming consensus of climate scientists who have studied the issue is that climate change is occurring primarily as a result of the combustion of fossil fuels. The legislature concurs with this conclusion. The Hawaii climate change mitigation and adaptation commission has stated that the most effective single means of reducing greenhouse gas emissions is to "put a price on carbon". Without carbon emissions pricing, fossil fuel prices do not reflect the health and climate costs of burning these fuels, nor do they provide incentives to shift Hawaii toward a clean energy economy. The concept of "carbon pricing" is supported by various local and state entities and, as of the end of 2018, fifty-one carbon pricing initiatives have been implemented or scheduled for implementation worldwide. Numerous respected economists have emphasized the importance of assuring that the social costs of the adverse impacts of carbon dioxide emissions will be included in future market pricing involving fossil fuels. The legislature further finds that the coronavirus disease 2019 (COVID-19) pandemic has resulted in a significant economic downturn in Hawaii, resulting in one of the highest unemployment rates in the nation and straining residents who already endure a high cost of living. Other jurisdictions have successfully implemented effective carbon taxes with direct rebates to residents. Putting a price on pollution, while giving revenues back to low- and moderate-income residents, will accelerate Hawaii's transition to a clean energy and transportation future without placing a burden on Hawaii's working families. Furthermore, an acceleration to a clean economy will foster innovation and create new job opportunities. The best means of carbon pricing for the State is a usebased tax on all carbon dioxide-emitting fuels, such as oil, gas, and coal. The department of taxation already implements various fuel-based taxes, including the environmental response, energy, and food security tax, which imposes a tax on barrels of petroleum products. A separate tax is also imposed on fossil fuels other than petroleum, applied to each million British thermal units of heat value of a fuel. The legislature concludes that the environmental response, energy, and food security tax provisions could be amended to implement a state carbon emissions tax. The current tax rates per barrel and per million British thermal units of fossil fuels should be replaced with a tax table that reflects the quantity of carbon dioxide emissions produced per barrel or per million British thermal units of various fuels. A carbon emissions tax is typically calculated as a value per metric ton of carbon dioxide equivalent emissions. Many climate change experts have concluded that to be effective in achieving reductions in combustion of fossil fuels to the extent needed to meet the goals set under the Paris Agreement, the price of carbon emissions would have needed to be set in the range of $40 per metric ton of carbon dioxide emissions in 2020 and increase to a price of $80 by 2030. The legislature finds that establishing effective carbon prices is necessary and the need is compelling. Accordingly, the purpose of this Act is to: (1) Amend the environmental response, energy, and food security tax to address carbon emissions; and (2) Establish a refundable tax credit to mitigate the effect of the tax on carbon emissions for Hawaii's residents. SECTION 2. Chapter 235, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows: "§235- Tax credit to mitigate the effect of a carbon emissions tax on taxpayers. (a) There shall be allowed to each qualified taxpayer subject to the tax imposed under this chapter, an income tax credit that shall be deductible from the taxpayer's net income tax liability, if any, imposed by this chapter for the taxable year in which the credit is properly claimed. (b) The amount of the tax credit shall be equal to the sum of the following: (1) The following amounts per taxpayer: (A) $ for taxpayers filing as single or married filing separately; (B) $ for taxpayers filing as a head of household; or (C) $ for taxpayers filing a joint return or as a surviving spouse; and (2) $ per qualifying child. (c) If the tax credit claimed by the taxpayer under this section exceeds the amount of the income tax payments due from the taxpayer, the excess of credit over payments due shall be refunded to the taxpayer; provided that the tax credit properly claimed by a taxpayer who has no income tax liability shall be paid to the taxpayer; provided further that no refunds or payments on account of the tax credit allowed by this section shall be made for amounts less than $1. All claims for the tax credit under this section, including amended claims, shall be filed on or before the end of the twelfth month following the close of the taxable year for which the credit may be claimed. Failure to comply with the foregoing provision shall constitute a waiver of the right to claim the credit. (d) The director of taxation: (1) Shall prepare any forms that may be necessary to claim a tax credit under this section; (2) May require the taxpayer to furnish reasonable information to ascertain the validity of the claim for the tax credit made under this section; and (3) May adopt rules under chapter 91 necessary to effectuate the purposes of this section. (e) All of the provisions relating to assessments and refunds under this chapter and section 231-23(c)(1) shall apply to the tax credit under this section. (f) As used in this section: "Qualified taxpayer" means a resident taxpayer who meets the following criteria: (1) The taxpayer files an individual income tax return, whether as a single taxpayer, a head of household, a married individual filing a separate return, a married couple filing a joint return, or a surviving spouse; and (2) The taxpayer has a gross annual household income within the following ranges: (A) For a taxpayer filing a single return or a married person filing separately, up to $ ; (B) For a taxpayer filing as a head of household, up to $ ; and (C) For a taxpayer filing a joint return or as a surviving spouse, up to $ . "Qualifying child" means a minor who: (1) Resides with the taxpayer; and (2) Is claimed as a dependent by the taxpayer." SECTION 3. 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, carbon emissions, and food security tax pursuant to section 243-3.5, and moneys allotted to the fund from other sources." SECTION 4. 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, carbon emissions, and food security tax specified under section 243-3.5; (2) Any appropriation by the legislature into the special fund; (3) Any grant or donation made to the special fund; and (4) Any interest earned on the balance of the special fund." SECTION 5. 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, carbon emissions, and food security 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, including under section 196-6.5." SECTION 6. Section 243-3.5, Hawaii Revised Statutes, is amended to read as follows: "§243-3.5 Environmental response, energy, carbon emissions, 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, carbon emissions, 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] shall be in the amounts provided in the following table: Product 2022 2026 2029 2032 Propane; Butane $ $ $ $ Gasoline $ $ $ $ Diesel $ $ $ $ Kerosene $ $ $ $ Aviation gas $ $ $ $ Jet fuel $ $ $ $ No.6 Fuel oil $ $ $ $ Other $ $ $ $ The tax for each year referenced above shall take effect on January 1 of that year and continue to be applicable until the effective date of the next increment. The tax imposed by this subsection shall be paid by the distributor of the petroleum product. (b) Tax revenues collected pursuant to [this] subsection[:] (a) shall be distributed in the following priority, with the excess revenues to be deposited into the general fund: (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[.]; (5) cents of the tax on each barrel shall be deposited into the building energy efficiency revolving loan fund established under section 201-20; (6) All taxes paid on gasoline or other aviation fuel sold for use in or used for airplanes shall be deposited in the airport revenue fund created by section 248-8; and (7) All taxes paid on gasoline, diesel, or other fuel sold for use in or used for small boats shall be deposited in the boating special fund created by section 248-8. [The tax imposed by this subsection shall be paid by the distributor of the petroleum product. (b)] (c) In addition to subsection (a), the environmental response, energy, carbon emissions, and food security 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] is set forth in the following table: Fuel 2022 2026 2029 2032 Coal (all forms) $ $ $ $ Natural gas (including liquefied natural gas) $ $ $ $ The tax for each year referenced above shall take effect on January 1 of that year and continue to be applicable until the effective date of the next increment. The tax imposed by this subsection shall be paid by the distributor of the fossil fuel. (d) Tax revenues collected pursuant to [this] subsection[:] (c) shall be distributed in the following priority each fiscal year, with the excess revenues to be deposited into the general fund: (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 20112.8; (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. (c)] (e) The tax imposed under subsection [(b)] (c) shall not apply to coal used to fulfill [a signed] an existing power purchase agreement between an independent power producer and an electric utility that is in effect as of June 30, 2015[.]; provided that this exemption from taxation shall not apply to any extension of an existing power purchase agreement or to any subsequent power purchase agreement. An independent power producer shall be permitted to pass the tax imposed under subsection [(b)] (c) on to an electric utility. In [which] any case[,] in which the tax is passed on, the electric utility may recover the cost of the tax through an appropriate surcharge to the end user that is approved by the public utilities commission. [(d)] (f) A gas utility shall be allowed to recover the cost of the tax imposed under subsection [(b)] (c) as part of its fuel cost in its fuel adjustment charge without further approval by the public utilities commission. [(e)] (g) Each distributor subject to the tax imposed by subsection (a) or [(b),] (c), on or before the last day of each calendar month, shall file with the director, on forms prescribed, prepared, and furnished by the director, a return statement of the tax under this section for which the distributor is liable for the preceding month. The form and payment of the tax shall be transmitted to the department of taxation in the appropriate district. [(f)] (h) Notwithstanding section 248-8 to the contrary, the environmental response, energy, carbon emissions, and food security tax collected under this section shall be paid over to the director of finance for deposit as provided in subsection [(a) or (b),] (b) or (d), as the case may be. [(g)] (i) Every distributor shall keep in the State and preserve for five years a record in a form as the department of taxation shall prescribe showing the total number of barrels, and the fractional part of barrels, of petroleum product or the total number of one million British thermal units of fossil fuel, as the case may be, sold by the distributor during any calendar month. The record shall show any other data and figures relevant to the enforcement and administration of this chapter as the department may require. [(h)] (j) For the purposes of this section: "Barrel" may be converted to million British thermal units, using the United States Department of Energy, Energy Information Administration annual energy review or annual energy outlook. "Fossil fuel" means a [hydrocarbon deposit,] fuel, such as coal, natural gas, or liquefied natural gas, derived from a hydrocarbon deposit resulting from the accumulated remains of ancient plants or animals [and used for fuel]; provided that the term specifically does not include petroleum product." SECTION 7. 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; (2) A portion of the environmental response, energy, carbon emissions, and food security tax pursuant to section 243-3.5; and (3) Investment earnings, gifts, donations, or other income received by the Hawaii natural energy institute." SECTION 8. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored. SECTION 9. This Act shall take effect on July 1, 2050; provided that section 2 shall apply to taxable years beginning after December 31, 2021.
47+ SECTION 1. The legislature finds that climate change is the most critical issue confronting the State of Hawaii. The overwhelming consensus of climate scientists who have studied the issue is that climate change is occurring primarily as a result of the combustion of fossil fuels. The legislature concurs with this conclusion. The Hawaii climate change mitigation and adaptation commission has stated that the most effective single means of reducing greenhouse gas emissions is to "put a price on carbon." Without carbon emissions pricing, fossil fuel prices do not reflect the health and climate costs of burning these fuels, nor do they provide incentives to shift Hawaii towards a clean energy economy. The concept of "carbon pricing" is supported by various local and state entities and, as of the end of 2018, fifty-one carbon pricing initiatives have been implemented or scheduled for implementation worldwide. Numerous respected economists have emphasized the importance of assuring that the social costs of the adverse impacts of carbon dioxide emissions will be included in future market pricing involving fossil fuels. The legislature further finds that the coronavirus disease 2019 (COVID-19) pandemic has resulted in a significant economic downturn in Hawaii, resulting in one of the highest unemployment rates in the nation and straining residents who already endure a high cost of living. Other jurisdictions have successfully implemented effective carbon taxes with direct rebates to residents. Putting a price on pollution, while giving revenues back to low- and moderate-income residents, will accelerate Hawaii's transition to a clean energy and transportation future without placing a burden on Hawaii's working families. Furthermore, an acceleration to a clean economy will foster innovation and create new job opportunities. The best means of carbon pricing for the State is a use-based tax on all carbon dioxide-emitting fuels, such as oil, gas, and coal. The department of taxation already implements various fuel-based taxes, including the environmental response, energy, and food security tax, which imposes a tax on barrels of petroleum products. A separate tax is also imposed on fossil fuels other than petroleum, applied to each million British thermal units (BTUs) of heat value of a fuel. The legislature concludes that the environmental response, energy, and food security tax provisions could be amended to implement a state carbon emissions tax. The current tax rates per barrel and per million BTUs of fossil fuels should be replaced with a tax table that reflects the quantity of carbon dioxide emissions produced per barrel or per million BTUs of various fuels. A carbon emissions tax is typically calculated as a value per metric ton of carbon dioxide equivalent emissions. Many climate change experts have concluded that to be effective in achieving reductions in combustion of fossil fuels to the extent needed to meet the goals set under the Paris Agreement, the price of carbon emissions should be set in the range of $40 per metric ton of carbon dioxide emissions in 2020, and increase to a price of $80 by 2030. The legislature finds that establishing effective carbon prices is necessary and the need is compelling. Accordingly, the purpose of this Act is to: (1) Amend the environmental response, energy, and food security tax to address carbon emissions; and (2) Establish a refundable tax credit to mitigate the effect of the tax on carbon emissions for Hawaii's residents. SECTION 2. Chapter 235, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows: "§235- Tax credit to mitigate the effect of a carbon emissions tax on taxpayers. (a) There shall be allowed to each qualified taxpayer subject to the tax imposed under this chapter, an income tax credit that shall be deductible from the taxpayer's net income tax liability, if any, imposed by this chapter for the taxable year in which the credit is properly claimed. (b) The amount of the tax credit shall be equal to the sum of the following: (1) The following amounts per taxpayer: (A) $150 for taxpayers filing as single or married filing separately; (B) $225 for taxpayers filing as a head of household; or (C) $300 for taxpayers filing a joint return or as a surviving spouse; and (2) $50 per qualifying child. (c) If the tax credit claimed by the taxpayer under this section exceeds the amount of the income tax payments due from the taxpayer, the excess of credit over payments due shall be refunded to the taxpayer; provided that the tax credit properly claimed by a taxpayer who has no income tax liability shall be paid to the taxpayer; provided further that no refunds or payments on account of the tax credit allowed by this section shall be made for amounts less than $1. All claims for the tax credit under this section, including amended claims, shall be filed on or before the end of the twelfth month following the close of the taxable year for which the credit may be claimed. Failure to comply with the foregoing provision shall constitute a waiver of the right to claim the credit. (d) The director of taxation: (1) Shall prepare any forms that may be necessary to claim a tax credit under this section; (2) May require the taxpayer to furnish reasonable information to ascertain the validity of the claim for the tax credit made under this section; and (3) May adopt rules under chapter 91 necessary to effectuate the purposes of this section. (e) All of the provisions relating to assessments and refunds under this chapter and under section 231-23(c)(1) shall apply to the tax credit under this section. (f) As used in this section: "Qualified taxpayer" means a resident taxpayer who meets the following criteria: (1) The taxpayer files an individual income tax return, whether as a single taxpayer, a head of household, a married individual filing a separate return, a married couple filing a joint return, or a surviving spouse; and (2) The taxpayer has a gross annual household income within the following ranges: (A) For a taxpayer filing a single return or a married person filing separately, up to $75,000; (B) For a taxpayer filing as a head of household, up to $112,500; and (C) For a taxpayer filing a joint return or as a surviving spouse, up to $150,000. "Qualifying child" means a minor who: (1) Resides with the taxpayer; and (2) Is claimed as a dependent by the taxpayer." SECTION 3. 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, carbon emissions, and food security tax pursuant to section 243-3.5, and moneys allotted to the fund from other sources." SECTION 4. 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, carbon emissions, and food security tax specified under section 243-3.5; (2) Any appropriation by the legislature into the special fund; (3) Any grant or donation made to the special fund; and (4) Any interest earned on the balance of the special fund." SECTION 5. 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, carbon emissions, and food security 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, including under section 196-6.5." SECTION 6. Section 243-3.5, Hawaii Revised Statutes, is amended to read as follows: "§243-3.5 Environmental response, energy, carbon emissions, 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, carbon emissions, 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] shall be in the amounts provided in the following table: Product 2022 2026 2029 2032 Propane; Butane $10.47 $13.96 $17.45 $20.94 Gasoline $ 8.22 $13.20 $18.18 $23.16 Diesel $10.35 $15.08 $21.01 $26.34 Kerosene $16.38 $21.84 $27.30 $32.76 Aviation gas $14.03 $18.71 $23.39 $28.07 Jet fuel $16.07 $21.43 $26.79 $32.15 No.6 Fuel oil $19.81 $26.41 $33.01 $39.62 Other $16.00 $21.33 $26.66 $32.00 The tax for each year referenced above shall take effect on January 1 of that year and continue to be applicable until the effective date of the next increment. The tax imposed by this subsection shall be paid by the distributor of the petroleum product. (b) Tax revenues collected pursuant to [this] subsection[:] (a) shall be distributed in the following priority, with the excess revenues to be deposited into the general fund: (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[.]; (5) cents of the tax on each barrel shall be deposited into the building energy efficiency revolving loan fund established under section 201-20; (6) All taxes paid on gasoline or other aviation fuel sold for use in or used for airplanes shall be deposited in the airport revenue fund created by section 248-8; and (7) All taxes paid on gasoline, diesel, or other fuel sold for use in or used for small boats shall be deposited in the boating special fund created by section 248-8. [The tax imposed by this subsection shall be paid by the distributor of the petroleum product. (b)] (c) In addition to subsection (a), the environmental response, energy, carbon emissions, and food security 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] is set forth in the following table: Fuel 2022 2026 2029 2032 Coal (all forms) $ 3.92 $ 5.22 $ 6.53 $ 7.84 Natural gas (including liquefied natural gas) $ 2.12 $ 2.82 $ 3.53 $ 4.24 The tax for each year referenced above shall take effect on January 1 of that year and continue to be applicable until the effective date of the next increment. The tax imposed by this subsection shall be paid by the distributor of the fossil fuel. (d) Tax revenues collected pursuant to [this] subsection[:] (c) shall be distributed in the following priority each fiscal year, with the excess revenues to be deposited into the general fund: (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. (c)] (e) The tax imposed under subsection [(b)] (c) shall not apply to coal used to fulfill [a signed] an existing power purchase agreement between an independent power producer and an electric utility that is in effect as of June 30, 2015[.]; provided that this exemption from taxation shall not apply to any extension of an existing power purchase agreement or to any subsequent power purchase agreement. An independent power producer shall be permitted to pass the tax imposed under subsection [(b)] (c) on to an electric utility. In [which] any case[,] in which the tax is passed on, the electric utility may recover the cost of the tax through an appropriate surcharge to the end user that is approved by the public utilities commission. [(d)] (f) A gas utility shall be allowed to recover the cost of the tax imposed under subsection [(b)] (c) as part of its fuel cost in its fuel adjustment charge without further approval by the public utilities commission. [(e)] (g) Each distributor subject to the tax imposed by subsection (a) or [(b),] (c), on or before the last day of each calendar month, shall file with the director, on forms prescribed, prepared, and furnished by the director, a return statement of the tax under this section for which the distributor is liable for the preceding month. The form and payment of the tax shall be transmitted to the department of taxation in the appropriate district. [(f)] (h) Notwithstanding section 248-8 to the contrary, the environmental response, energy, carbon emissions, and food security tax collected under this section shall be paid over to the director of finance for deposit as provided in subsection [(a) or (b),] (b) or (d), as the case may be. [(g)] (i) Every distributor shall keep in the State and preserve for five years a record in a form as the department of taxation shall prescribe showing the total number of barrels, and the fractional part of barrels, of petroleum product or the total number of one million British thermal units of fossil fuel, as the case may be, sold by the distributor during any calendar month. The record shall show any other data and figures relevant to the enforcement and administration of this chapter as the department may require. [(h)] (j) For the purposes of this section: "Barrel" may be converted to million British thermal units, using the United States Department of Energy, Energy Information Administration annual energy review or annual energy outlook. "Fossil fuel" means a [hydrocarbon deposit,] fuel, such as coal, natural gas, or liquefied natural gas, derived from a hydrocarbon deposit resulting from the accumulated remains of ancient plants or animals [and used for fuel]; provided that the term specifically does not include petroleum product." SECTION 7. 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; (2) A portion of the environmental response, energy, carbon emissions, and food security tax pursuant to section 243-3.5; and (3) Investment earnings, gifts, donations, or other income received by the Hawaii natural energy institute." SECTION 8. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored. SECTION 9. This Act shall take effect on January 1, 2022; provided that section 2 shall apply to taxable years beginning after December 31, 2021. INTRODUCED BY: _____________________________
4848
49- SECTION 1. The legislature finds that climate change is the most critical issue confronting the State. The overwhelming consensus of climate scientists who have studied the issue is that climate change is occurring primarily as a result of the combustion of fossil fuels. The legislature concurs with this conclusion.
49+ SECTION 1. The legislature finds that climate change is the most critical issue confronting the State of Hawaii. The overwhelming consensus of climate scientists who have studied the issue is that climate change is occurring primarily as a result of the combustion of fossil fuels. The legislature concurs with this conclusion.
5050
51- The Hawaii climate change mitigation and adaptation commission has stated that the most effective single means of reducing greenhouse gas emissions is to "put a price on carbon". Without carbon emissions pricing, fossil fuel prices do not reflect the health and climate costs of burning these fuels, nor do they provide incentives to shift Hawaii toward a clean energy economy. The concept of "carbon pricing" is supported by various local and state entities and, as of the end of 2018, fifty-one carbon pricing initiatives have been implemented or scheduled for implementation worldwide. Numerous respected economists have emphasized the importance of assuring that the social costs of the adverse impacts of carbon dioxide emissions will be included in future market pricing involving fossil fuels.
51+ The Hawaii climate change mitigation and adaptation commission has stated that the most effective single means of reducing greenhouse gas emissions is to "put a price on carbon." Without carbon emissions pricing, fossil fuel prices do not reflect the health and climate costs of burning these fuels, nor do they provide incentives to shift Hawaii towards a clean energy economy. The concept of "carbon pricing" is supported by various local and state entities and, as of the end of 2018, fifty-one carbon pricing initiatives have been implemented or scheduled for implementation worldwide. Numerous respected economists have emphasized the importance of assuring that the social costs of the adverse impacts of carbon dioxide emissions will be included in future market pricing involving fossil fuels.
5252
5353 The legislature further finds that the coronavirus disease 2019 (COVID-19) pandemic has resulted in a significant economic downturn in Hawaii, resulting in one of the highest unemployment rates in the nation and straining residents who already endure a high cost of living. Other jurisdictions have successfully implemented effective carbon taxes with direct rebates to residents. Putting a price on pollution, while giving revenues back to low- and moderate-income residents, will accelerate Hawaii's transition to a clean energy and transportation future without placing a burden on Hawaii's working families. Furthermore, an acceleration to a clean economy will foster innovation and create new job opportunities.
5454
55- The best means of carbon pricing for the State is a usebased tax on all carbon dioxide-emitting fuels, such as oil, gas, and coal. The department of taxation already implements various fuel-based taxes, including the environmental response, energy, and food security tax, which imposes a tax on barrels of petroleum products. A separate tax is also imposed on fossil fuels other than petroleum, applied to each million British thermal units of heat value of a fuel. The legislature concludes that the environmental response, energy, and food security tax provisions could be amended to implement a state carbon emissions tax. The current tax rates per barrel and per million British thermal units of fossil fuels should be replaced with a tax table that reflects the quantity of carbon dioxide emissions produced per barrel or per million British thermal units of various fuels.
55+ The best means of carbon pricing for the State is a use-based tax on all carbon dioxide-emitting fuels, such as oil, gas, and coal. The department of taxation already implements various fuel-based taxes, including the environmental response, energy, and food security tax, which imposes a tax on barrels of petroleum products. A separate tax is also imposed on fossil fuels other than petroleum, applied to each million British thermal units (BTUs) of heat value of a fuel. The legislature concludes that the environmental response, energy, and food security tax provisions could be amended to implement a state carbon emissions tax. The current tax rates per barrel and per million BTUs of fossil fuels should be replaced with a tax table that reflects the quantity of carbon dioxide emissions produced per barrel or per million BTUs of various fuels.
5656
57- A carbon emissions tax is typically calculated as a value per metric ton of carbon dioxide equivalent emissions. Many climate change experts have concluded that to be effective in achieving reductions in combustion of fossil fuels to the extent needed to meet the goals set under the Paris Agreement, the price of carbon emissions would have needed to be set in the range of $40 per metric ton of carbon dioxide emissions in 2020 and increase to a price of $80 by 2030. The legislature finds that establishing effective carbon prices is necessary and the need is compelling.
57+ A carbon emissions tax is typically calculated as a value per metric ton of carbon dioxide equivalent emissions. Many climate change experts have concluded that to be effective in achieving reductions in combustion of fossil fuels to the extent needed to meet the goals set under the Paris Agreement, the price of carbon emissions should be set in the range of $40 per metric ton of carbon dioxide emissions in 2020, and increase to a price of $80 by 2030. The legislature finds that establishing effective carbon prices is necessary and the need is compelling.
5858
5959 Accordingly, the purpose of this Act is to:
6060
6161 (1) Amend the environmental response, energy, and food security tax to address carbon emissions; and
6262
6363 (2) Establish a refundable tax credit to mitigate the effect of the tax on carbon emissions for Hawaii's residents.
6464
6565 SECTION 2. Chapter 235, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:
6666
6767 "§235- Tax credit to mitigate the effect of a carbon emissions tax on taxpayers. (a) There shall be allowed to each qualified taxpayer subject to the tax imposed under this chapter, an income tax credit that shall be deductible from the taxpayer's net income tax liability, if any, imposed by this chapter for the taxable year in which the credit is properly claimed.
6868
6969 (b) The amount of the tax credit shall be equal to the sum of the following:
7070
7171 (1) The following amounts per taxpayer:
7272
73- (A) $ for taxpayers filing as single or married filing separately;
73+ (A) $150 for taxpayers filing as single or married filing separately;
7474
75- (B) $ for taxpayers filing as a head of household; or
75+ (B) $225 for taxpayers filing as a head of household; or
7676
77- (C) $ for taxpayers filing a joint return or as a surviving spouse; and
77+ (C) $300 for taxpayers filing a joint return or as a surviving spouse; and
7878
79- (2) $ per qualifying child.
79+ (2) $50 per qualifying child.
8080
8181 (c) If the tax credit claimed by the taxpayer under this section exceeds the amount of the income tax payments due from the taxpayer, the excess of credit over payments due shall be refunded to the taxpayer; provided that the tax credit properly claimed by a taxpayer who has no income tax liability shall be paid to the taxpayer; provided further that no refunds or payments on account of the tax credit allowed by this section shall be made for amounts less than $1.
8282
8383 All claims for the tax credit under this section, including amended claims, shall be filed on or before the end of the twelfth month following the close of the taxable year for which the credit may be claimed. Failure to comply with the foregoing provision shall constitute a waiver of the right to claim the credit.
8484
8585 (d) The director of taxation:
8686
8787 (1) Shall prepare any forms that may be necessary to claim a tax credit under this section;
8888
8989 (2) May require the taxpayer to furnish reasonable information to ascertain the validity of the claim for the tax credit made under this section; and
9090
9191 (3) May adopt rules under chapter 91 necessary to effectuate the purposes of this section.
9292
93- (e) All of the provisions relating to assessments and refunds under this chapter and section 231-23(c)(1) shall apply to the tax credit under this section.
93+ (e) All of the provisions relating to assessments and refunds under this chapter and under section 231-23(c)(1) shall apply to the tax credit under this section.
9494
9595 (f) As used in this section:
9696
9797 "Qualified taxpayer" means a resident taxpayer who meets the following criteria:
9898
9999 (1) The taxpayer files an individual income tax return, whether as a single taxpayer, a head of household, a married individual filing a separate return, a married couple filing a joint return, or a surviving spouse; and
100100
101101 (2) The taxpayer has a gross annual household income within the following ranges:
102102
103- (A) For a taxpayer filing a single return or a married person filing separately, up to $ ;
103+ (A) For a taxpayer filing a single return or a married person filing separately, up to $75,000;
104104
105- (B) For a taxpayer filing as a head of household, up to $ ; and
105+ (B) For a taxpayer filing as a head of household, up to $112,500; and
106106
107- (C) For a taxpayer filing a joint return or as a surviving spouse, up to $ .
107+ (C) For a taxpayer filing a joint return or as a surviving spouse, up to $150,000.
108108
109109 "Qualifying child" means a minor who:
110110
111111 (1) Resides with the taxpayer; and
112112
113113 (2) Is claimed as a dependent by the taxpayer."
114114
115115 SECTION 3. Section 128D-2, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:
116116
117- "(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 outofcourt settlements, all interest attributable to investment of money deposited in the fund, moneys deposited in the fund from the environmental response, energy, carbon emissions, and food security tax pursuant to section 243-3.5, and moneys allotted to the fund from other sources."
117+ "(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, carbon emissions, and food security tax pursuant to section 243-3.5, and moneys allotted to the fund from other sources."
118118
119119 SECTION 4. Section 141-10, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:
120120
121121 "(b) The following moneys shall be deposited into the special fund:
122122
123123 (1) The portion of the environmental response, energy, carbon emissions, and food security tax specified under section 243-3.5;
124124
125125 (2) Any appropriation by the legislature into the special fund;
126126
127127 (3) Any grant or donation made to the special fund; and
128128
129129 (4) Any interest earned on the balance of the special fund."
130130
131131 SECTION 5. Section 201-12.8, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:
132132
133133 "(a) There is created within the state treasury an energy security special fund, which shall consist of:
134134
135135 (1) The portion of the environmental response, energy, carbon emissions, and food security tax specified under section 243-3.5;
136136
137137 (2) Moneys appropriated to the fund by the legislature;
138138
139139 (3) All interest attributable to investment of money deposited in the fund; and
140140
141141 (4) Moneys allotted to the fund from other sources, including under section 196-6.5."
142142
143143 SECTION 6. Section 243-3.5, Hawaii Revised Statutes, is amended to read as follows:
144144
145145 "§243-3.5 Environmental response, energy, carbon emissions, 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, carbon emissions, 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] shall be in the amounts provided in the following table:
146146
147147 Product 2022 2026 2029 2032
148148
149-Propane; Butane $ $ $ $
149+Propane; Butane $10.47 $13.96 $17.45 $20.94
150150
151-Gasoline $ $ $ $
151+Gasoline $ 8.22 $13.20 $18.18 $23.16
152152
153-Diesel $ $ $ $
153+Diesel $10.35 $15.08 $21.01 $26.34
154154
155-Kerosene $ $ $ $
155+Kerosene $16.38 $21.84 $27.30 $32.76
156156
157-Aviation gas $ $ $ $
157+Aviation gas $14.03 $18.71 $23.39 $28.07
158158
159-Jet fuel $ $ $ $
159+Jet fuel $16.07 $21.43 $26.79 $32.15
160160
161-No.6 Fuel oil $ $ $ $
161+No.6 Fuel oil $19.81 $26.41 $33.01 $39.62
162162
163-Other $ $ $ $
163+Other $16.00 $21.33 $26.66 $32.00
164164
165165 The tax for each year referenced above shall take effect on January 1 of that year and continue to be applicable until the effective date of the next increment.
166166
167167 The tax imposed by this subsection shall be paid by the distributor of the petroleum product.
168168
169169 (b) Tax revenues collected pursuant to [this] subsection[:] (a) shall be distributed in the following priority, with the excess revenues to be deposited into the general fund:
170170
171171 (1) [5] cents of the tax on each barrel shall be deposited into the environmental response revolving fund established under section 128D-2;
172172
173173 (2) [5] cents of the tax on each barrel shall be deposited into the energy security special fund established under section 201-12.8;
174174
175175 (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]
176176
177177 (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[.];
178178
179179 (5) cents of the tax on each barrel shall be deposited into the building energy efficiency revolving loan fund established under section 201-20;
180180
181181 (6) All taxes paid on gasoline or other aviation fuel sold for use in or used for airplanes shall be deposited in the airport revenue fund created by section 248-8; and
182182
183183 (7) All taxes paid on gasoline, diesel, or other fuel sold for use in or used for small boats shall be deposited in the boating special fund created by section 248-8.
184184
185185 [The tax imposed by this subsection shall be paid by the distributor of the petroleum product.
186186
187187 (b)] (c) In addition to subsection (a), the environmental response, energy, carbon emissions, and food security 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] is set forth in the following table:
188188
189189 Fuel 2022 2026 2029 2032
190190
191191 Coal (all
192192
193-forms) $ $ $ $
193+forms) $ 3.92 $ 5.22 $ 6.53 $ 7.84
194194
195195 Natural gas
196196
197197 (including
198198
199199 liquefied
200200
201-natural gas) $ $ $ $
201+natural gas) $ 2.12 $ 2.82 $ 3.53 $ 4.24
202202
203203 The tax for each year referenced above shall take effect on January 1 of that year and continue to be applicable until the effective date of the next increment.
204204
205205 The tax imposed by this subsection shall be paid by the distributor of the fossil fuel.
206206
207207 (d) Tax revenues collected pursuant to [this] subsection[:] (c) shall be distributed in the following priority each fiscal year, with the excess revenues to be deposited into the general fund:
208208
209209 (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;
210210
211- (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 20112.8;
211+ (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;
212212
213213 (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
214214
215215 (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.
216216
217217 [The tax imposed by this subsection shall be paid by the distributor of the fossil fuel.
218218
219219 (c)] (e) The tax imposed under subsection [(b)] (c) shall not apply to coal used to fulfill [a signed] an existing power purchase agreement between an independent power producer and an electric utility that is in effect as of June 30, 2015[.]; provided that this exemption from taxation shall not apply to any extension of an existing power purchase agreement or to any subsequent power purchase agreement. An independent power producer shall be permitted to pass the tax imposed under subsection [(b)] (c) on to an electric utility. In [which] any case[,] in which the tax is passed on, the electric utility may recover the cost of the tax through an appropriate surcharge to the end user that is approved by the public utilities commission.
220220
221221 [(d)] (f) A gas utility shall be allowed to recover the cost of the tax imposed under subsection [(b)] (c) as part of its fuel cost in its fuel adjustment charge without further approval by the public utilities commission.
222222
223223 [(e)] (g) Each distributor subject to the tax imposed by subsection (a) or [(b),] (c), on or before the last day of each calendar month, shall file with the director, on forms prescribed, prepared, and furnished by the director, a return statement of the tax under this section for which the distributor is liable for the preceding month. The form and payment of the tax shall be transmitted to the department of taxation in the appropriate district.
224224
225225 [(f)] (h) Notwithstanding section 248-8 to the contrary, the environmental response, energy, carbon emissions, and food security tax collected under this section shall be paid over to the director of finance for deposit as provided in subsection [(a) or (b),] (b) or (d), as the case may be.
226226
227227 [(g)] (i) Every distributor shall keep in the State and preserve for five years a record in a form as the department of taxation shall prescribe showing the total number of barrels, and the fractional part of barrels, of petroleum product or the total number of one million British thermal units of fossil fuel, as the case may be, sold by the distributor during any calendar month. The record shall show any other data and figures relevant to the enforcement and administration of this chapter as the department may require.
228228
229229 [(h)] (j) For the purposes of this section:
230230
231231 "Barrel" may be converted to million British thermal units, using the United States Department of Energy, Energy Information Administration annual energy review or annual energy outlook.
232232
233233 "Fossil fuel" means a [hydrocarbon deposit,] fuel, such as coal, natural gas, or liquefied natural gas, derived from a hydrocarbon deposit resulting from the accumulated remains of ancient plants or animals [and used for fuel]; provided that the term specifically does not include petroleum product."
234234
235235 SECTION 7. Section 304A-2169.1, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:
236236
237237 "(b) Deposits into the special fund may be from the following:
238238
239239 (1) Appropriations from the legislature;
240240
241241 (2) A portion of the environmental response, energy, carbon emissions, and food security tax pursuant to section 243-3.5; and
242242
243243 (3) Investment earnings, gifts, donations, or other income received by the Hawaii natural energy institute."
244244
245245 SECTION 8. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
246246
247- SECTION 9. This Act shall take effect on July 1, 2050; provided that section 2 shall apply to taxable years beginning after December 31, 2021.
247+ SECTION 9. This Act shall take effect on January 1, 2022; provided that section 2 shall apply to taxable years beginning after December 31, 2021.
248248
249- Report Title: Environmental Response, Energy, and Food Security Tax; Carbon Emissions; Tax Credit Description: Amends the environmental response, energy, and food security tax to address carbon emissions. Establishes a refundable tax credit to mitigate the effect of a carbon emissions tax on taxpayers. Tax credit applies to taxable years beginning after 12/31/2021. Effective 7/1/2050. (HD1) The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
249+
250+
251+INTRODUCED BY: _____________________________
252+
253+INTRODUCED BY:
254+
255+_____________________________
256+
257+
258+
259+
260+
261+ Report Title: Environmental Response, Energy, and Food Security Tax; Carbon Emissions; Tax Credit Description: Amends the environmental response, energy, and food security tax to address carbon emissions. Increases the tax rate to effectively set a price of $40 per metric ton of carbon dioxide emissions in 2022. Incrementally increases the tax rate over time so that, in 2032, the tax rate shall be equivalent to a carbon price of $80 per metric ton of carbon emissions. Establishes a refundable tax credit to mitigate the effect of a carbon emissions tax on taxpayers. Takes effect 1/1/2022. Tax credit applies to taxable years beginning after 12/31/2021. The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
262+
263+
250264
251265
252266
253267 Report Title:
254268
255269 Environmental Response, Energy, and Food Security Tax; Carbon Emissions; Tax Credit
256270
257271
258272
259273 Description:
260274
261-Amends the environmental response, energy, and food security tax to address carbon emissions. Establishes a refundable tax credit to mitigate the effect of a carbon emissions tax on taxpayers. Tax credit applies to taxable years beginning after 12/31/2021. Effective 7/1/2050. (HD1)
275+Amends the environmental response, energy, and food security tax to address carbon emissions. Increases the tax rate to effectively set a price of $40 per metric ton of carbon dioxide emissions in 2022. Incrementally increases the tax rate over time so that, in 2032, the tax rate shall be equivalent to a carbon price of $80 per metric ton of carbon emissions. Establishes a refundable tax credit to mitigate the effect of a carbon emissions tax on taxpayers. Takes effect 1/1/2022. Tax credit applies to taxable years beginning after 12/31/2021.
262276
263277
264278
265279
266280
267281
268282
269283 The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.