Bill Text: HI SB3183 | 2024 | Regular Session | Amended
Bill Title: Relating To Road Usage Charge Program.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Engrossed - Dead) 2024-04-26 - Conference committee meeting to reconvene on 04-26-24 5:45 PM; CR 224. [SB3183 Detail]
Download: Hawaii-2024-SB3183-Amended.html
THE SENATE |
S.B. NO. |
3183 |
THIRTY-SECOND LEGISLATURE, 2024 |
S.D. 2 |
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STATE OF HAWAII |
H.D. 2 |
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A BILL FOR AN ACT
RELATING TO ROAD USAGE CHARGE PROGRAM.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
The purpose of this Act is to:
(1) Establish a county mileage-based road usage charge for electric vehicles;
(2) Permit electric vehicle owners to pay a county registration surcharge or the county mileage-based road usage charge until June 30, 2028;
(3) Establish a process for the counties to adopt
a per-mile rate by ordinance; and
(4) Clarify the use of moneys collected under the
state and county road usage charges.
SECTION 2. Chapter 249, Hawaii Revised Statutes, is amended by adding three new sections to be appropriately designated and to read as follows:
"§249-A County
mileage-based road usage charge; established. (a)
Beginning July 1, 2025, in addition to all other fees and taxes levied
by this chapter, electric vehicles shall be subject to a county mileage‑based
road usage charge.
(b) The county
mileage-based road usage charge shall be calculated by the director of finance
at the rate established under section 249-B, multiplied by the number of miles
traveled, less the estimated amount of paid county motor fuel taxes that
correspond with the number of miles traveled, as shall be determined by rule. The number of miles traveled shall be
calculated as the difference between the electric vehicle's two most recent
odometer readings, as noted on the electric vehicle's certificate of inspection
issued pursuant to section 286-26(e).
The county mileage-based road usage charge shall be no less than $0 and,
until June 30, 2028, no more than $50 per year.
(c) If a county establishes a mileage-based road
usage charge pursuant to section 249-B, for the first registration renewal of
new electric vehicles for which no certificate of inspection is required, the
county mileage-based road usage charge assessed shall be $50, which shall be
subtracted from the calculation of the county mileage-based road usage charge
upon that electric vehicle's second registration renewal.
(d)
The county mileage-based road usage charge shall be paid
each year following the electric vehicle's most recent inspection together with
all other taxes and fees levied by this chapter on a staggered basis as
established by each county as authorized by section 286-51 to ensure that the
county mileage-based road usage charge is due and payable at the same time and
shall be collected together with the county registration fee. The county mileage-based road usage charge
shall be deemed delinquent if not paid with the county registration fee.
(e)
Not withstanding subsection (a), all electric vehicles registered in the
State that qualify for an exemption under sections 249‑4, 249-5.5, 249-6,
or 249-6.5 shall be exempt from this section.
(f) Until June 30, 2028, owners of electric
vehicles shall be offered a choice to pay a $50 registration surcharge in lieu
of the county mileage-based road usage charge; provided that if an owner of an
electric vehicle has opted to pay a $50 registration surcharge in lieu of the
state mileage-based road usage charge established pursuant to section 249-36,
counties shall charge the owner of the electric vehicle the $50 registration
surcharge in lieu of the county mileage-based road usage charge.
(g)
Each county may adopt rules pursuant to chapter 91 for establishing and
administering the county mileage-based road usage charge.
(h)
For the purposes of this section, "electric vehicle" has the
same meaning as defined in section 249-36.
§249-B County mileage-based road usage charge; rate; establishment. (a) Each county shall establish the rate to be used to calculate the amount of that county's mileage-based road usage charge in the manner provided for ordinances involving the expenditure of public funds; provided that:
(1) Until such rate is established, the county mileage-based road usage charge for each county shall be zero; and
(2) The
rate for the county mileage-based road usage charge shall be comparable to the
county fuel tax and no more than the estimated county fuel tax.
(b)
No ordinance establishing the rate for a county mileage-based road usage
charge shall be adopted until a public hearing on the proposed rate for the
county mileage-based road usage charge has been held. Public notice of the hearing shall be given
at least twice within the thirty-day period immediately preceding the date of
the hearing. The rate for the county
mileage-based road usage charge shall take effect on the first day of the
second month following the adoption of an ordinance establishing a county
mileage-based road usage charge.
(c)
Each county may establish a per mile rate for a county mileage-based
road usage charge that is:
(1) One
or more cents, a fraction of a cent, or both; or
(2) Zero.
§249-C County mileage-based road usage charge;
collection; disposition. The
county mileage-based road usage charge for each county shall be collected by
the respective county and deposited into the respective county highway fund
established pursuant to section 249-18; provided that amounts collected in the
county of Maui on vehicle miles traveled on the island of Lanai shall be used
solely for expenditures on the island of Lanai; provided further that the
amounts collected in the county of Maui on vehicle miles traveled on the island
of Molokai shall be used solely for expenditures on the island of Molokai."
SECTION 3. Section 248-9, Hawaii Revised Statutes, is amended to read as follows:
"§248-9 State highway fund. (a)
Moneys in the state highway fund may be expended for the following
purposes:
(1) To pay the costs of operation, maintenance, and repair of the state highway system, including without limitation, the cost of equipment and general administrative overhead;
(2) To pay the costs of acquisition, including real property and interests therein; planning; designing; construction; and reconstruction of the state highway system and bikeways, including without limitation, the cost of equipment and general administrative overhead;
(3) To reimburse the general fund for interest on and principal of general obligation bonds issued to finance highway projects where the bonds are designated to be reimbursable out of the state highway fund;
(4) To pay the costs of construction,
maintenance, and repair of county roads; provided that none of the funds
expended on a county road or program shall be federal funds when expenditure
would cause a violation of federal law or a federal grant agreement; [and]
(5) To pay the costs of establishing and
maintaining a drug and alcohol toxicology testing laboratory that is intended
to support the prosecution of offenses relating to operation of a motor vehicle
while under the influence of an intoxicant[.]; and
(6) For purposes and functions connected with traffic control and preservation of safety upon the public highways and streets.
(b) At any time, the director of transportation may transfer from the state highway fund all or any portion of available moneys determined by the director of transportation to exceed one hundred thirty-five per cent of the requirements for the ensuing twelve months for the state highway fund as permitted by and in accordance with section 37-53. For purposes of the determination, the director of transportation shall take into consideration:
(1) The amount of federal funds and bond funds on deposit in, and budgeted to be expended from, the state highway fund during the period;
(2) Amounts on deposit in the state highway fund that are encumbered or otherwise obligated;
(3) Budgeted amounts payable from the state highway fund during the period;
(4) Revenues anticipated to be received by and expenditures to be made from the state highway fund during the period based on existing agreements and other information for the ensuing twelve months; and
(5) Any other factors as the director of transportation shall deem appropriate.
[(c) The department of transportation shall
establish county subaccounts within the state highway fund. Notwithstanding subsections (a) and (b),
funds in each county subaccount shall be expended for state highway road
capacity projects in the respective county.
For
purposes of this subsection, "state highway road capacity project"
means construction:
(1) Of
a new road;
(2) To widen or add additional lanes to
an existing road; or
(3) That increases the number of
vehicles that may be driven on an island and alleviates the level of traffic
congestion on existing roads of that island,
and any
planning, design, or right-of-way acquisition related to the construction.]"
SECTION 4. Section 249-18, Hawaii Revised Statutes, is amended to read as follows:
"§249-18 Highway fund. All taxes, fees, or charges collected
under this chapter, except those collected pursuant to sections 249-14 and
249-14.5[,] and the state mileage-based road usage charge established
under 249-36, shall be deposited in a county fund to be known as the
"highway fund" and shall be expended in the county in which the taxes,
fees, or charges are collected for the following purposes:
(1) For acquisition, designing, construction, improvement, repair, and maintenance of public roads and highways, including without restriction of the foregoing purposes, costs of new land therefor, of permanent storm drains or new bridges, as well as repairs or additions to storm drains or bridges;
(2) For
installation, maintenance, and repair of street lights and power, and other
charges for street lighting purposes, including replacement of old street
lights, on county maintained public roads and highways;
(3) For
purposes and functions connected with traffic control and preservation of
safety upon the public highways and streets;
(4) For
payment of interest on and redemption of bonds issued to finance highway and street
construction and improvements;
(5) In
the case of the city and county of Honolulu, for appropriation for the police
department up to the sum of $500,000. No
expenditures shall be made out of this fund [which] that will
jeopardize federal aid for highway construction;
(6) For
purposes and functions connected with mass transit; and
(7) For
the acquisition, design, construction, improvement, repair, and maintenance of
bikeways[.] and pedestrian walkways."
SECTION 5. Section 249-36, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:
"(a) Beginning July 1, 2025, in addition to all
other fees and taxes levied by this chapter, electric vehicles shall be subject
to a state mileage-based road usage charge.
The state mileage-based road usage charge shall be calculated by the
county director of finance at the rate of 0.8 cents per mile traveled,
multiplied by the number of miles traveled, less the estimated amount of paid
state fuel taxes that correspond with the number of miles traveled. The department shall adopt rules pursuant to
chapter 91 to determine the method for calculating the estimated amount of paid
state fuel taxes that correspond with the number of miles traveled. The number of miles traveled shall be
calculated as the difference between the electric vehicle's two most
recent odometer readings, as noted on the electric vehicle's certificate
of inspection pursuant to section 286-26(e).
The state mileage-based road usage charge shall be [not] no
less than $0, and, until June 30, 2028, the state [mileage based]
mileage-based road usage charge shall be [not] no more
than $50 per year. For the first
registration renewal of new [motor] electric vehicles for which
no certificate of inspection is required, the state mileage-based road usage
charge assessed shall be $50, and [such] the amount once paid shall be subtracted from the calculation of the state
mileage-based road usage charge upon that electric vehicle's second
registration renewal."
SECTION 6.
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 and referring to the new sections in this Act.
SECTION 7.
Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION
8. This Act shall take effect on July 1,
3000.
Report Title:
Department of Transportation; Electric Vehicles; State Mileage‑Based Road User Fee; County Mileage-Based Road User Fee
Description:
Beginning 7/1/2025, establishes a county mileage-based road usage charge for electric vehicles. Clarifies the collection and disposition of funds of the state and county mileage-based road usage charges. Establishes the maximum state mileage-based road usage charge at $50 until 6/30/2028. Effective 7/1/3000. (HD2)
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.