Bill Text: HI SB2446 | 2012 | Regular Session | Introduced

Hawaii Senate Bill 2446 (Prior Session Legislation)

Introduced

Bill Title: Motor Vehicle Fuel; Pilot Program; Testing

Spectrum: Strong Partisan Bill (Democrat 16-1)

Status: (Introduced - Dead) 2012-02-07 - (S) The committee on CPN deferred the measure. [SB2446 Detail]

Download: Hawaii-2012-SB2446-Introduced.html

THE SENATE	S.B. NO.	2446
TWENTY-SIXTH LEGISLATURE, 2012
STATE OF HAWAII

A BILL FOR AN ACT

relating to motor vehicle fuel.

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

SECTION 1. The purpose of this Act is to establish a pilot program for random, unannounced testing of octane and ethanol content in motor vehicle fuel sold in the State.

SECTION 2. (a) There is established a -year pilot program to conduct random, unannounced tests of the octane and ethanol levels of motor vehicle fuel sold in the State. The program shall be administered by the department of agriculture measurement and standards branch.

(b) The department shall collect samples and conduct random, unannounced tests at any location where motor vehicle fuel is kept, transferred, sold, or offered for sale, to verify that the motor vehicle fuel complies with the nationally recognized minimum standards established by:

(1) The American Society for Testing and Materials, as those standards existed on July 1, 2012, for motor fuels other than motor fuels blended with ethanol; and

(2) The National Institute of Standards and Technology, as those standards existed on July 1, 2012, other than the standard vapor to liquid ratio specification for motor fuels blended with ethanol.

(c) On arriving at a facility to conduct random, unannounced tests under subsection (b), a representative of the department shall notify the owner or manager of the facility of the representative's presence and purpose.

(d) Any person who refuses to allow a department representative to collect samples or conduct random, unannounced tests of motor vehicle fuel under subsection (b) may be assessed a fine of $ ; provided that the amount of the fine shall be paid to the general fund and credited to the department of agriculture to implement the random tests of the octane and ethanol levels of motor vehicle fuel sold in the State.

(e) If the department has reason to believe that motor vehicle fuel is in violation of the minimum standards under subsection (b), the department may:

(1) Issue and enforce a written order to stop the sale of the motor vehicle fuel; provided that the department shall present the order to the person who is in control of the motor vehicle fuel at the time the motor vehicle fuel is tested; provided further that the person who receives the order may not sell the motor vehicle fuel until the department determines that the motor vehicle fuel is in compliance with minimum standards under subsection (b); and

(2) Assess a civil penalty of $ ; provided that the amount of the fine shall be paid to the general fund and credited to the department of agriculture to implement the random tests of the octane and ethanol levels of motor vehicle fuel sold in the State.

(f) For the purposes of this section:

"Department" means the department of agriculture measurement and standards branch.

"Motor vehicle fuel" shall have the same meaning as in section 486H-1, Hawaii Revised Statutes.

(g) The department shall submit written reports to the legislature as follows:

(1) No later than twenty days prior to the convening of regular session of 2013, an interim report on the implementation of the pilot program and projected activities for the following year; and

(2) No later than twenty days prior to the convening of regular session of 2014, a final report on the implementation of the pilot program, including all testing activities, their locations, and outcomes; problems or issues encountered during the pilot program; recommendations regarding whether the pilot program should become permanent, and if so, sources of revenue to fund the continuation and any legislation required for implementation.

SECTION 3. There is appropriated out of the general revenues of the State of Hawaii the sum of $ or so much thereof as may be necessary for fiscal year 2012-2013 for the pilot program to conduct random, unannounced tests of the octane and ethanol levels of motor vehicle fuel sold in the State.

The sum appropriated shall be expended by the department of agriculture for the purposes of this Act.

SECTION 4. This Act shall take effect on July 1, 2012.

INTRODUCED BY:	_____________________________

Report Title:

Motor Vehicle Fuel; Pilot Program; Testing

Description:

Establishes a pilot program to be administered by the department of agriculture measurement and standards branch to conduct random, unannounced tests of the octane and ethanol levels of motor vehicle fuel sold in the State; establishes civil penalties; requires reports to the legislature in 2013 and 2014.

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