Hawaii 2022 Regular Session

Hawaii Senate Bill SB2102 Compare Versions

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

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1	1	THE SENATE S.B. NO. 2102 THIRTY-FIRST LEGISLATURE, 2022 STATE OF HAWAII A BILL FOR AN ACT relating to climate change mitigation. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
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3	3	THE SENATE S.B. NO. 2102
4	4	THIRTY-FIRST LEGISLATURE, 2022
5	5	STATE OF HAWAII
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7	7	THE SENATE
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9	9	S.B. NO.
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11	11	2102
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13	13	THIRTY-FIRST LEGISLATURE, 2022
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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 climate change mitigation.
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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. The legislature finds that tourism, as the State's primary industry, has a significant impact on Hawaii's environment and public services. A 2019 report, "Destinations at Risk: The Invisible Burden of Tourism", commissioned by the Travel Foundation and co-published with Cornell University's Center for Sustainable Global Enterprise and EplerWood International, describes how destinations must uncover and account for tourism's hidden costs, referred to as the "invisible burden", to protect and manage vital destination assets worldwide. According to the report, failing to do so puts ecosystems, cultural wonders, and community life at increasing risk and places the tourism industry on a weak foundation. The legislature further finds that the impacts of cars, buses, shuttles, and other road vehicles, which emit carbon dioxide and other greenhouse gases, contribute to climate change. To ensure the quality of life of residents, the health of the environment, and continued value for the visitor experience, management efforts to maintain the State's infrastructure and environment are imperative. The legislature recognizes that fees having an environmental focus and that are designed to manage the impacts of tourism on climate change and the environment are essential to the State's management efforts. Accordingly, the purpose of this Act is to assess a climate change mitigation impact fee for persons renting, leasing, or utilizing tourism-related vehicles in the State, and to apply the resulting revenue toward protecting Hawaii's natural resources and environment, which are essential to the quality of life of residents and the State's tourism-based economy. SECTION 2. Chapter 171, Hawaii Revised Statutes, is amended by adding two new sections to part I to be appropriately designated and to read as follows: "§171-A Climate change mitigation impact fee. (a) Beginning July 1, 2022, every rental motor vehicle customer shall pay to the department a climate change mitigation impact fee for renting, leasing, or utilizing a rental motor vehicle. (b) The climate change mitigation impact fee shall be assessed to each rental motor vehicle customer at a charge of $ per day, or any portion of a day, that the rental motor vehicle is rented or leased by the rental motor vehicle customer. (c) All fees collected pursuant to subsection (a) shall be deposited to the credit of the general fund; provided that, beginning July 1, 2024, all fees collected pursuant to subsection (a) shall be deposited to the credit of the climate change mitigation special fund established pursuant to section 171-B. (d) The department shall establish rules pursuant to chapter 91 necessary for the collection of climate change mitigation impact fees. (e) For the purposes of this section, "rental motor vehicle" means: (1) Any gas-powered vehicle that is rented or leased or offered for rent or lease in the State, whether for personal or commercial use, for a period of six months or less; (2) Any vehicle, including vans, minibuses, and buses used for the purpose of transporting persons or luggage for pleasure or sightseeing trips, or transporting persons to pleasure or sightseeing cruises or destinations; and (3) A moped as defined in section 286-2; provided that the moped is rented or leased by a rental motor vehicle customer. "Rental motor vehicle" does not include any vehicle that is used solely for the purpose of transporting individuals to and from a place of work or a public or private school or of transporting persons with disabilities. §171-B Climate change mitigation special fund. (a) There is established in the state treasury a special fund to be known as the climate change mitigation special fund into which shall be deposited, beginning July 1, 2024: (1) All fees collected pursuant to section 171-A; (2) Appropriations made by the legislature for deposit into the special fund; and (3) Donations and contributions made by private individuals or organizations for deposit into the special fund. (b) Moneys in the climate change mitigation special fund shall be used by the department for: (1) Climate change mitigation; (2) Environmental management and planning; (3) Environmental conservation; (4) Management and protection of natural resources and systems; (5) Environmental awareness and education; and (6) Sustainable tourism practices." SECTION 3. In codifying the new sections added by section 2 of this Act, the revisor of statutes shall substitute appropriate section numbers for the letters used in designating the new sections in this Act. SECTION 4. New statutory material is underscored. SECTION 5. This Act shall take effect upon its approval. INTRODUCED BY: _____________________________ By Request
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49	49	SECTION 1. The legislature finds that tourism, as the State's primary industry, has a significant impact on Hawaii's environment and public services. A 2019 report, "Destinations at Risk: The Invisible Burden of Tourism", commissioned by the Travel Foundation and co-published with Cornell University's Center for Sustainable Global Enterprise and EplerWood International, describes how destinations must uncover and account for tourism's hidden costs, referred to as the "invisible burden", to protect and manage vital destination assets worldwide. According to the report, failing to do so puts ecosystems, cultural wonders, and community life at increasing risk and places the tourism industry on a weak foundation.
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51	51	The legislature further finds that the impacts of cars, buses, shuttles, and other road vehicles, which emit carbon dioxide and other greenhouse gases, contribute to climate change. To ensure the quality of life of residents, the health of the environment, and continued value for the visitor experience, management efforts to maintain the State's infrastructure and environment are imperative.
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53	53	The legislature recognizes that fees having an environmental focus and that are designed to manage the impacts of tourism on climate change and the environment are essential to the State's management efforts.
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55	55	Accordingly, the purpose of this Act is to assess a climate change mitigation impact fee for persons renting, leasing, or utilizing tourism-related vehicles in the State, and to apply the resulting revenue toward protecting Hawaii's natural resources and environment, which are essential to the quality of life of residents and the State's tourism-based economy.
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57	57	SECTION 2. Chapter 171, Hawaii Revised Statutes, is amended by adding two new sections to part I to be appropriately designated and to read as follows:
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59	59	"§171-A Climate change mitigation impact fee. (a) Beginning July 1, 2022, every rental motor vehicle customer shall pay to the department a climate change mitigation impact fee for renting, leasing, or utilizing a rental motor vehicle.
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61	61	(b) The climate change mitigation impact fee shall be assessed to each rental motor vehicle customer at a charge of $ per day, or any portion of a day, that the rental motor vehicle is rented or leased by the rental motor vehicle customer.
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63	63	(c) All fees collected pursuant to subsection (a) shall be deposited to the credit of the general fund; provided that, beginning July 1, 2024, all fees collected pursuant to subsection (a) shall be deposited to the credit of the climate change mitigation special fund established pursuant to section 171-B.
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65	65	(d) The department shall establish rules pursuant to chapter 91 necessary for the collection of climate change mitigation impact fees.
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67	67	(e) For the purposes of this section, "rental motor vehicle" means:
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69	69	(1) Any gas-powered vehicle that is rented or leased or offered for rent or lease in the State, whether for personal or commercial use, for a period of six months or less;
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71	71	(2) Any vehicle, including vans, minibuses, and buses used for the purpose of transporting persons or luggage for pleasure or sightseeing trips, or transporting persons to pleasure or sightseeing cruises or destinations; and
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73	73	(3) A moped as defined in section 286-2; provided that the moped is rented or leased by a rental motor vehicle customer.
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75	75	"Rental motor vehicle" does not include any vehicle that is used solely for the purpose of transporting individuals to and from a place of work or a public or private school or of transporting persons with disabilities.
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77	77	§171-B Climate change mitigation special fund. (a) There is established in the state treasury a special fund to be known as the climate change mitigation special fund into which shall be deposited, beginning July 1, 2024:
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79	79	(1) All fees collected pursuant to section 171-A;
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81	81	(2) Appropriations made by the legislature for deposit into the special fund; and
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83	83	(3) Donations and contributions made by private individuals or organizations for deposit into the special fund.
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85	85	(b) Moneys in the climate change mitigation special fund shall be used by the department for:
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87	87	(1) Climate change mitigation;
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89	89	(2) Environmental management and planning;
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91	91	(3) Environmental conservation;
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93	93	(4) Management and protection of natural resources and systems;
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95	95	(5) Environmental awareness and education; and
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97	97	(6) Sustainable tourism practices."
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99	99	SECTION 3. In codifying the new sections added by section 2 of this Act, the revisor of statutes shall substitute appropriate section numbers for the letters used in designating the new sections in this Act.
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101	101	SECTION 4. New statutory material is underscored.
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103	103	SECTION 5. This Act shall take effect upon its approval.
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107	107	INTRODUCED BY: _____________________________
108	108	By Request
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110	110	INTRODUCED BY:
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112	112	_____________________________
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116	116	By Request
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118	118	Report Title: Maui County Council Package; Department of Land and Natural Resources; Climate Change Mitigation Impact Fee; Climate Change Mitigation Special Fund Description: Assesses a climate change mitigation impact fee on every customer who rents, leases, or utilizes a rental motor vehicle. Establishes a climate change mitigation special fund. Specifies that the impact fees collected shall be deposited to the credit of the general fund; provided that, beginning 7/1/2024, the impact fees shall be deposited to the credit of the climate change mitigation special 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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124	124	Report Title:
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126	126	Maui County Council Package; Department of Land and Natural Resources; Climate Change Mitigation Impact Fee; Climate Change Mitigation Special Fund
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130	130	Description:
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132	132	Assesses a climate change mitigation impact fee on every customer who rents, leases, or utilizes a rental motor vehicle. Establishes a climate change mitigation special fund. Specifies that the impact fees collected shall be deposited to the credit of the general fund; provided that, beginning 7/1/2024, the impact fees shall be deposited to the credit of the climate change mitigation special fund.
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140	140	The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.