THE SENATE |
S.B. NO. |
2570 |
THIRTY-FIRST LEGISLATURE, 2022 |
S.D. 2 |
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STATE OF HAWAII |
H.D. 1 |
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A BILL FOR AN ACT
RELATING TO ZERO EMISSION VEHICLE FUELING REBATES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Chapter 269, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:
"§269- Zero-emission
vehicle fueling system rebate program. (a) The
public utilities commission, in consultation with zero-emission vehicle stakeholders
and the Hawaii state energy office, shall administer a zero-emission vehicle fueling
system rebate program that incentivizes the installation or upgrade of a zero-emission
vehicle fueling system, as provided in this section, and may contract with a third-party
administrator pursuant to section 269-73 to operate and manage the rebate program.
(b) An
applicant may be eligible for a rebate under the rebate program if the applicant
installs a hydrogen fueling system; provided that it stores or dispenses only renewable
hydrogen.
(c) Rebates
shall be distributed for each eligible installation of a zero-emission vehicle fueling
system as follows:
(1) $200,000 for the
installation of a hydrogen fueling system; provided that it stores or dispenses
only renewable hydrogen; and
(2) $200,000 for the
upgrade of fuel capacity for a hydrogen fueling system; provided that it stores
or dispenses only renewable hydrogen.
(d) The
public utilities commission shall:
(1) Prepare any forms
that may be necessary for an applicant to claim a rebate pursuant to this section;
and
(2) Require each applicant
to furnish reasonable information to ascertain the validity of the claim, including
but not limited to documentation necessary to demonstrate that the installation
or upgrade for which the rebate is claimed is eligible.
(e) This section shall apply to hydrogen fueling systems
that are installed or upgraded after December 31, 2022.
(f) Applicants shall submit applications to the public
utilities commission within twelve months of the date that the newly installed or
upgraded hydrogen fueling system is placed into service to claim a rebate from the
zero-emission vehicle fueling system rebate program. Failure to apply to the commission within twelve
months of the date that the newly installed or upgraded hydrogen fueling system
is placed into service shall constitute a waiver of the right to claim the rebate.
(g) Nothing in this section shall alter taxes due on
the original purchase or upgrade price of a hydrogen fueling system prior to the
application of the rebate. Any rebate received
pursuant to the zero-emission vehicle fueling system rebate program shall not be
considered income for the purposes of state or county taxes.
(h) In administering the zero-emission vehicle fueling
system rebate program, the public utilities commission shall give priority to hydrogen
fueling systems that are publicly available, serve multiple tenants, employees,
or customers, or serve electric vehicle fleets.
(i) For the purposes of this section:
"Applicant" means an individual;
non-profit or for-profit corporation; local, state, or federal government agency;
homeowner association; or any other eligible entity as defined under rules adopted
for the zero-emission vehicle fueling system rebate program.
"Renewable hydrogen" means
hydrogen produced entirely from renewable sources that have a life cycle emissions
of no more than fifty grams of carbon dioxide per kilowatt hour.
"Zero-emission vehicle fueling system" means a hydrogen fueling system that stores and dispenses only renewable hydrogen."
SECTION 2. Section 243-3.5, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:
"(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) 4 cents of the tax on each barrel shall be
deposited into the energy security special fund established under section
201-12.8;
(3) [8] 5 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)[]]
3 cents of the tax on each barrel shall be
deposited into the electric vehicle charging system subaccount established pursuant
to section 269-33(e)[.]; and
(5) 3 cents of the tax on each barrel shall be deposited
into the hydrogen fueling system subaccount established pursuant to section 269-33(f).
The tax imposed by this subsection shall be paid by the distributor of the petroleum product."
SECTION 3. Section 269-33, Hawaii Revised Statutes, is amended to read as follows:
"§269-33 Public utilities commission special fund.
(a) There is established
in the state treasury a public utilities commission special fund to be
administered by the public utilities commission. The proceeds of the fund shall be used by the
public utilities commission and the division of consumer advocacy of the
department of commerce and consumer affairs for all expenses incurred in the administration
of chapters 269, 271, 271G, 269E, and 486J, and for costs incurred by the
department of commerce and consumer affairs to fulfill the department's limited
oversight and administrative support functions; provided that the expenditures
of the public utilities commission shall be in accordance with legislative
appropriations. On a quarterly basis, an
amount not exceeding thirty per cent of the proceeds remaining in the fund
after the deduction for central service expenses, pursuant to section 36-27,
shall be allocated by the public utilities commission to the division of
consumer advocacy and deposited in the compliance resolution fund established
pursuant to section 26-9(o); provided that all moneys allocated by the public
utilities commission from the fund to the division of consumer advocacy shall
be in accordance with legislative appropriations.
(b) All
moneys appropriated to, received, and collected by the public utilities commission
that are not otherwise pledged, obligated, or required by law to be placed in any
other special fund or expended for any other purpose shall be deposited into the
public utilities commission special fund including, but not limited to, all moneys
received and collected by the public utilities commission pursuant to sections 92-21,
243-3.5, 269‑28, 269-30, 271-27, 271-36, 271G-19, 269E-6, 269E-14, and 607-5.
(c)
The public utilities commission shall submit an update as part of its
annual report submitted pursuant to section 269-5 detailing all funds received
and all moneys disbursed out of the fund.
(d) All
moneys in excess of $1,000,000 remaining on balance in the public utilities commission
special fund on June 30 of each year shall lapse to the credit of the state general
fund; provided that this ceiling shall not apply to the subaccount established in
subsection (e).
(e) There
is established within the public utilities commission special fund an electric vehicle
charging system subaccount. The public utilities
commission shall expend moneys in the subaccount for the purposes of funding the
electric vehicle charging system rebate program established pursuant to sections
269-72 and 269-73. The funds in this subaccount
shall not be subject to the special fund ceiling in subsection (d).
(f) There is established within the public utilities
commission special fund a hydrogen fueling system subaccount. The public utilities commission shall expend moneys
in the subaccount for the purposes of funding the zero-emission vehicle fueling
system rebate program established pursuant to section 269- . The funds in this subaccount shall not be subject
to the special fund ceiling in subsection (d)."
SECTION 4. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 5. This Act shall take effect on July 1, 2050.
Report Title:
Zero-emission Vehicle Fueling System Rebate Program; Hydrogen Fueling System; Public Utilities Commission; Barrel Tax
Description:
Establishes the zero-emission vehicle fueling system rebate program. Establishes the rebate amount for the installation or upgrade of a hydrogen fueling system at $200,000. Establishes a hydrogen fueling system subaccount within the public utilities commission special fund. Reduces the allocation that the energy systems development special fund receives from the environmental response, energy, and food security tax from 8 cents to 5 cents and allocates the difference to the hydrogen fueling system subaccount. 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.