Bill Text: HI HB552 | 2021 | Regular Session | Amended
Bill Title: Relating To The Environment.
Spectrum: Partisan Bill (Democrat 20-0)
Status: (Passed) 2021-06-25 - Act 074, on 06/24/2021 (Gov. Msg. No. 1176). [HB552 Detail]
Download: Hawaii-2021-HB552-Amended.html
HOUSE OF REPRESENTATIVES |
H.B. NO. |
552 |
THIRTY-FIRST LEGISLATURE, 2021 |
H.D. 1 |
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STATE OF HAWAII |
S.D. 1 |
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A BILL FOR AN ACT
RELATING TO THE ENVIRONMENT.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The legislature finds that the use of fossil fuels is the State's primary contributor to greenhouse gas emissions. These emissions cause climate change, which poses a serious threat to the State's economic well-being, public health, infrastructure, and environment. The State's dependence on fossil fuels also drains the economy of billions of dollars each year, makes residents vulnerable to the volatility of oil prices, and puts residents at increased risk in the event of a natural disaster. Thus, Act 15, Session Laws of Hawaii 2018, was enacted to establish a goal for the State to become carbon neutral by 2045.
The legislature further finds that the transportation sector accounts for the use of over two-thirds of the oil imported into the State. The legislature notes that, for ground transportation, electric vehicles provide a viable, cost‑effective alternative to vehicles that run on fossil fuels. For state-owned transportation fleets, the transition to electric vehicles will bring with it considerable cost savings because of lower costs to operate and maintain these vehicles. With the impacts of the coronavirus 2019 pandemic on the state budget, it is imperative that the State take advantage of all opportunities for savings, and the electrification of state fleets to the extent possible is one of these opportunities.
The purpose of this Act is to:
(1) Begin the transition to one hundred per cent clean ground transportation in the State by establishing a goal for the State to lead by example by transitioning to one hundred per cent of state-owned, light duty vehicles powered by renewable energy sources by 2030; and
(2) To further promote the State's energy goals by authorizing the spending of capitol improvement project moneys on green infrastructure.
SECTION 2. Chapter 103D, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:
"§103D- Other
motor vehicle requirements. (a) The procurement policy
for all agencies purchasing or leasing medium- and heavy-duty motor vehicles
shall be to seek vehicles that reduce dependence on petroleum-based fuels that
meet the needs of the agency, where feasible and cost-effective.
Priorities for selecting vehicles
for lease or purchase shall be as follows:
(1) Electric vehicles and fuel cell vehicles using
one hundred per cent renewable hydrogen;
(2) Electric or plug-in hybrid electric vehicles and fuel cell
electric vehicles;
(3) Other alternative fuel vehicles;
(4) Hybrid electric vehicles;
(5) One
hundred per cent biodiesel fueled vehicles; and
(6) Vehicles that are identified by the United States
Environmental Protection Agency in its annual "Fuel Economy Leaders"
report as being among the top performers for fuel economy in their class.
(b) Vehicles shall not be larger than necessary
for their intended functions."
SECTION 3. Chapter 225P, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:
"§225P- Climate
change mitigation. (a)
It shall be the goal of the State to reduce
emissions that cause climate change and build energy efficiencies across all sectors,
including decarbonizing the transportation sector.
(c) State and county agencies may include trees and plants with lifespans longer than twenty years as a part of its capital improvement projects to meet the goals of reducing its carbon footprint and in meeting the state's energy goals."
SECTION 4. Section 26-6, Hawaii Revised Statutes, is amended to read as follows:
"§26-6 Department of accounting and general
services. (a) The
department of accounting and general services shall be headed by a single executive
to be known as the comptroller.
(b) The department shall:
(1) Preaudit and conduct after-the-fact audits of the financial
accounts of all state departments to determine the legality of expenditures and
the accuracy of accounts;
(2) Report to the governor and to each regular session of the
legislature as to the finances of each department of the State;
(3) Administer the state risk management program;
(4) Establish and manage motor pools;
(5) Manage the preservation and disposal of all records of the
State;
(6) Undertake the program of centralized engineering and office
leasing services, including operation and maintenance and lease buyback processing
pursuant to subsection (d) of public buildings, for departments of the State;
(7) Undertake the functions of the state surveyor;
(8) Establish accounting and internal control systems;
(9) Under the direction of the chief information
officer, provide centralized computer information management and processing
services;
(10) Establish a program to provide a means for
public access to public information and develop an information network for state
government; [and]
(11) Assume administrative responsibility for the
office of information practices[.]; and
(12) Require that all new light duty passenger vehicles purchased for the state's vehicle fleets shall be zero emission vehicles and authorize an exemption for new fleet vehicle procurements if the zero emissions vehicles are demonstrated to be cost-prohibitive on a lifecycle basis or unsuitable for the vehicle's planned purpose."
SECTION 5. Section 37-62, Hawaii Revised Statutes, is amended to read as follows:
"§37-62 Definitions.
Unless otherwise clear from the context, as used in this part:
"Agency" means any executive
department, independent commission, board, agency, authority, bureau, office,
or other establishment of the state government (except the legislature and the
judiciary), or any quasi-public institution which is supported in whole or in
part by state funds.
"Annual required contribution" means the State's required contribution to the employees' retirement system or Hawaii employer-union health benefits trust fund, as applicable, that is sufficient to cover:
(1) The normal cost, which is the cost of other post-employment benefits attributable to the current year of service; and
(2) An amortization
payment, which is a catch-up payment for past service costs to fund the
unfunded actuarial accrued liability over the next thirty years.
"Bond categories" means types of
bonds and includes general obligation bonds, reimbursable general obligation
bonds, and revenue bonds.
"Bond fund" means the fund used
to account for the proceeds of bond issues and expenditures therefrom.
"Bond receipts" means the
proceeds from the issuance of governmental bonds.
"Capital expenditures" means payments
to contractors and payments for other items related to the construction of a
capital improvement project.
"Capital investment costs" means
costs, beyond the research and development phase, associated with capital
improvements, including the acquisition and development of land, the design and
construction of new facilities, and the making of renovations or additions to
existing facilities. Design and construction
of new facilities and the making of renovations or additions to existing facilities
may include green infrastructure. Capital
investment costs for a program are the sum of the program's capital improvement
project costs.
"Casual hire position" means an hourly-paid temporary position, the services of which are required intermittently.
"Certificate of participation"
means any certificate evidencing a participation right or a proportionate
interest in any financing agreement or the right to receive proportionate
payments from the State or a state agency due under any financing agreement.
"Construction costs" means the
costs involved in building and landscaping capital facilities, including any
consultant or staff services required and built-in equipment. Construction costs may include green infrastructure.
"Cost categories" means the major
types of costs and includes research and development, capital investment, and
operating.
"Cost elements" means the major
subdivisions of a cost category. The
category "capital investment" includes plan, land acquisition,
design, construction, and equipment and furnishing. The categories "research and development"
and "operating" include personal services, current lease payments,
other current expenses, equipment, and motor vehicles.
"Crosswalk" means a
reconciliation of the program structure with the structure used for accounting
and/or appropriations.
"Debt service" means interest and
principal repayments on moneys borrowed.
"Departmental earnings" means the
amounts collected by governmental agencies for services provided and products
or property sold; rentals collected for use of public property; fees, fines, forfeitures,
and penalties assessed; and other related types of charges.
"Design costs" means the costs
related to the preparation of architectural drawings for capital improvements
through its various stages from schematic to final construction drawings. It does not include costs associated with the
identification of needs, determining alternative ways of meeting needs, and
prescription of standards for capital improvements.
"Effectiveness measure" means the
criterion for measuring the degree to which the objective sought is attained.
"Federal aid interstate" means
funds received or reasonably anticipated to be received from the federal
government for the purpose of constructing the interstate highway system in the
State.
"Federal aid primary" means funds
received or reasonably anticipated to be received from the federal government
for the purpose of constructing primary roadways.
"Federal aid secondary" means
funds received or reasonably anticipated to be received from the federal
government for the purpose of constructing secondary roadways.
"Federal aid urban" means funds
received or reasonably anticipated to be received from the federal government
for the purpose of constructing roads in urban areas.
"Federal funds" means financial aid received or reasonably anticipated to be received from the federal government.
"Financing agreement" means any
lease purchase agreement, installment sale agreement, loan agreement, line of
credit, or any other agreement to finance the improvement, use, or acquisition
of real or personal property that is or will be owned or operated by the State
or any agency or to refinance any such previously executed financing agreement
including certificates of participation relating thereto.
"Full cost" means the total cost
of a program, system or capability, including research and development costs,
capital investment costs, and operating costs.
"Full-time equivalent position" means a position, the occupant of which is employed for a normal workweek of at least forty hours or its equivalent.
"Funded ratio" means the ratio of
net assets to net liabilities of the employees' retirement system or Hawaii
employer-union health benefits trust fund, as applicable, as determined by actuarial
valuation.
"Funding period" means the number
of years in the future that will be required to fully fund the unfunded
actuarial accrued liability of the employees' retirement system or Hawaii
employer-union health benefits trust fund, as applicable, based upon actuarial assumptions
and no assumed future actuarial gains or losses.
"General fund" means the fund
used to account for all transactions which are not accounted for in another
fund.
"General obligation bonds" means
bonds, notes, or other instruments of indebtedness for the payment of the principal
and interest of which the full faith and credit of the State are pledged.
"General obligation reimbursable
bonds" means general obligation bonds issued for a public undertaking,
improvement, or system from which revenues, or user taxes, or a combination of
both, may be derived for the payment of the principal and interest as
reimbursement to the general fund and for which reimbursement is required by
law, and, in the case of general obligation bonds issued by the State for a political
subdivision, general obligation bonds for which the payment of the principal
and interest as reimbursement to the general fund is required by law to be made
from the revenue of the political subdivision.
"Green
infrastructure" means the range of measures that use plant, tree, or soil systems
with an expected life span of at least twenty years designed to reduce carbon footprint,
temperatures, and storm water flow to sewer systems or surface waters to meet the
State's climate and sustainability goals.
"Inter-departmental transfers"
means funds which will be used by a program but will be appropriated to a
different program.
"Land acquisition costs" means
the costs of obtaining lands, including any consultant or staff services costs
attributable to that acquisition.
"Lease payments" means payments
made by the State or any agency under any financing agreement.
"Means of financing" means the
various sources from which funds are available and includes the general fund,
special fund, revolving fund, general obligation bonds, reimbursable general
obligation bonds, revenue bonds, federal aid interstate highway fund, federal
aid primary road fund, federal aid secondary road fund, federal aid urban fund,
other federal funds, private contributions, county funds, trust funds, and other
funds.
"Nonadd" means a program which is
listed with an objective or a program grouping, but the cost of which is not to
be included in the total cost of that objective or program grouping because it
is included in some other objective or program group.
"Nontax revenue sources" means
sources other than taxes from which revenues are produced and includes
departmental earnings of various kinds, reimbursements of principal on general
obligation bonds issued for state agencies and counties, federal receipts which
are restricted in their use to specified purposes, and other federal receipts.
"Objective" means a statement of
the end result, product, or condition desired, for the accomplishment of which
a course of action is to be taken.
"Operating costs" means recurring
costs of operating, supporting and maintaining authorized programs, including
costs for personnel salaries and wages, employee fringe benefits, lease
payments, supplies, materials, equipment, and motor vehicles.
"Permanent position" means a position, the existence of which has no time limitation.
"Phases of capital improvement
project" means land acquisition, design, construction, and occupancy.
"Plan costs" means the costs
related to preparation of general plan, functional plan, master plan, advance
plan, preliminary plan, including feasibility studies.
"Planning" means that process by
which government objectives are formulated; measures by which effectiveness in
attaining the objectives are identified; alternatives by which objectives may
be attained are determined; the full cost, effectiveness and benefit
implications of each alternative are determined; the assumptions, risks and
uncertainties of the future are clarified; and cost and effectiveness and
benefit tradeoffs of the alternatives are identified.
"Position" means a specific job, whether occupied or vacant, consisting of all duties and responsibilities assigned or delegated by competent authority, requiring the full- or part-time employment of one person.
"Position ceiling" means the maximum number of permanent and temporary full-time equivalent positions that an expending agency is authorized for a particular program.
"Program" means a combination of
resources and activities designed to achieve an objective or objectives.
"Program size" means the
magnitude of a program, such as the number of persons serviced by the program,
the amount of a commodity, the time delays, the volume of service in relation
to population or area, etc.
"Program size indicator" means a
measure to indicate the magnitude of a program.
"Program structure" means a
display of programs which are grouped in accordance with the objectives to be
achieved, or the functions to be performed.
"Programming" means that process
by which government's long-range program and financial plans are scheduled for
implementation over a six-year period and which specifies what programs are to
be implemented, how they are to be implemented, when they are to be implemented,
and what the costs of such implementation are.
"Reimbursable general obligation
bonds" means general obligation bonds issued for a public undertaking,
improvement, or system from which revenues, or user taxes, or a combination of
both, may be derived for the payment of the principal and interest as reimbursement
to the general fund and for which reimbursement is required by law, and, in the
case of general obligation bonds issued by the State for a political subdivision,
general obligation bonds for which the payment of the principal and interest as
reimbursement to the general fund is required by law to be made from the
revenue of the political subdivision.
"Research and development costs"
means costs primarily associated with the development of a new program, system
or capability to the point where capital and/or operating costs are required to
introduce the program, system or capability into operational use.
"Resource categories" means types
of resources and includes tax revenues, departmental earnings, and federal
receipts.
"Revenue bonds" means all bonds payable
from the revenues, or user taxes, or any combination of both, of a public undertaking,
improvement, system, or loan program and any loan made thereunder and secured
as may be provided by law.
"Revolving fund" means a fund from
which is paid the cost of goods and services rendered or furnished to or by a state
agency and which is replenished through charges made for the goods or services
or through transfers from other accounts or funds.
"Special funds" means funds which
are dedicated or set aside by law for a specified object or purpose, but
excluding revolving funds and trust funds.
"Taxes" and "tax revenue
sources" mean each specific kind of tax.
"Tax revenues" means the amounts
collected from compulsory charges, in the form of taxes, levied by the State
for the purpose of financing services performed for the common public benefit.
"Temporary position" means a position, the existence of which has a time limitation, or a position that is not otherwise a permanent position.
"Trust fund" means a fund in which
designated persons or classes of persons have a vested beneficial interest or
equitable ownership, or which was created or established by a gift, grant,
contribution, devise or bequest that limits the use of the fund to designated objects
or purposes.
"Unfunded actuarial accrued
liability" means the portion of the actuarial accrued liability, including
the present value of benefits presently being paid to retirees, that exceeds
the value of current assets.
"Vicing position" means a
temporary position created to backfill for an incumbent who is on an extended
period of authorized leave of absence."
SECTION 6. Section 103D-412, Hawaii Revised Statutes, is amended to read as follows:
"§103D-412 Light-duty motor
vehicle requirements. (a) The procurement policy
for all agencies purchasing or leasing light-duty motor vehicles shall be to
reduce dependence on petroleum for transportation energy[.] and meet
the following clean ground transportation goals:
(1) Forty per cent of light-duty motor vehicles
of each fleet shall be powered by renewable energy sources by December 31,
2025; and
(2) One hundred per
cent of light-duty motor vehicles of each fleet shall be powered by renewable energy
sources by December 31, 2030.
(b) Beginning January 1, 2010, all state and county entities, when purchasing new vehicles, shall seek vehicles with reduced dependence on petroleum-based fuels that meet the needs of the agency. Priority for selecting vehicles shall be as follows:
(1) Electric or plug-in hybrid electric vehicles and fuel cell electric vehicles;
(2) Other alternative fuel vehicles;
(3) Hybrid electric vehicles; and
(4) Vehicles that are identified by the United States Environmental Protection Agency in its annual "Fuel Economy Leaders" report as being among the top performers for fuel economy in their class.
(c) Vehicles shall not be larger than necessary for
their intended functions.
[(c)] (d) For the purposes of this section:
"Agency" means a state agency, office, or department.
"Alternative fuel" means alcohol fuels, mixtures containing eighty-five per cent or more by volume of alcohols with gasoline or other fuels, natural gas, liquefied petroleum gas, hydrogen, biodiesel, mixtures containing twenty per cent or more by volume of biodiesel with diesel or other fuels, other fuels derived from biological materials, and electricity provided by off-board energy sources.
"Covered fleet" has the same meaning as contained in 10 Code of Federal Regulations Part 490 Subpart C.
"Excluded vehicles" has the same meaning as provided in 10 Code of Federal Regulations section 490.3.
"Fuel cell electric vehicle" means a zero-emission electric vehicle that uses a fuel cell to convert hydrogen gas and oxygen into electricity that is used in a vehicle powertrain for propulsion.
"Light-duty motor vehicle" has the same meaning as contained in 10 Code of Federal Regulations Part 490, not including any vehicle incapable of traveling on highways or any vehicle with a gross vehicle weight rating greater than eight thousand five hundred pounds.
[(d)] (e) Agencies may apply to the chief procurement
officer for exemptions from the requirements of this section to the extent that
the vehicles required by this section are not available or do not meet the specific
needs of the agency; provided that life cycle vehicle and fuel costs may be
included in the determination of whether a particular vehicle meets the needs
of the agency. Estimates of future fuel
costs shall be based on projections from the United States Energy Information
Administration.
[(e)] (f) Vehicles acquired from another state agency
and excluded vehicles are exempt from the requirements of this section[.]
but shall be included in the calculation of the clean ground transportation goals
established under subsection (a).
[(f)] (g) Nothing in this section is intended to
interfere with the ability of a covered fleet to comply with the vehicle
purchase mandates required by 10 Code of Federal Regulations Part 490 Subpart C."
SECTION 7. Section 196-9, Hawaii Revised Statutes, is amended by amending subsection (c) to read as follows:
"(c) With regard to motor vehicles and transportation fuel, each agency shall:
(1) Comply with Title 10, Code of Federal Regulations, Part 490, Subpart C, "Mandatory State Fleet Program", if applicable;
(2) Comply with all applicable state laws regarding vehicle purchases;
(3) Once federal and state vehicle purchase mandates have been satisfied, purchase the most fuel-efficient vehicles that meet the needs of their programs; provided that life cycle cost-benefit analysis of vehicle purchases shall include projected fuel costs;
(4) Purchase alternative fuels and ethanol blended gasoline when available;
(5) Evaluate a purchase preference for biodiesel blends, as applicable to agencies with diesel fuel purchases;
(6) Promote efficient operation
of vehicles[;], including efficient planning of charging station locations
and day-time charging for electric vehicles;
(7) Use the most appropriate minimum octane fuel; provided that vehicles shall use 87-octane fuel unless the owner's manual for the vehicle states otherwise or the engine experiences knocking or pinging;
(8) Beginning with fiscal year 2005-2006 as the baseline, collect and maintain, for the life of each vehicle acquired, the following data:
(A) Vehicle acquisition cost;
(B) United States Environmental Protection Agency rated fuel economy;
(C) Vehicle fuel configuration, such as gasoline, diesel, flex-fuel gasoline/E85, and dedicated propane;
(D) Actual in-use vehicle mileage;
(E) Actual in-use
vehicle fuel consumption; [and]
(F) Actual in-use annual average vehicle fuel economy; and
(G) Electric
vehicle charger use; and
(9) Beginning with fiscal year 2005-2006 as the baseline with respect to each agency that operates a fleet of thirty or more vehicles, collect and maintain, in addition to the data in paragraph (8), the following:
(A) Information on the vehicles in the fleet, including vehicle year, make, model, gross vehicle weight rating, and vehicle fuel configuration;
(B) Fleet fuel usage, by fuel;
(C) Fleet mileage; [and]
(D) Overall annual
average fleet fuel economy and average miles per gallon of gasoline and diesel[.];
and
(E) Electric
vehicle charger use; and
(10) Plan and coordinate vehicle acquisition
to meet the following clean ground transportation goals:
(A) Forty per cent of light-duty motor vehicles
of each fleet shall be powered by renewable sources by December 31, 2025; and
(B) One hundred per cent of light-duty motor vehicles of each fleet shall be powered by renewable sources by December 31, 2030."
SECTION 8. Section 196-42, Hawaii Revised Statutes, is amended to read as follows:
"§196-42 State support for achieving alternate fuels standards[.] and clean
ground transportation goals. (a) The State shall facilitate
the development of alternate fuels and support the attainment of a statewide alternate
fuels standard of ten per cent of highway fuel demand to be provided by alternate
fuels by 2010, fifteen per cent by 2015, twenty per cent by 2020, and thirty
per cent by 2030. For purposes of the
alternate fuels standard, ethanol produced from cellulosic materials shall be
considered the equivalent of two and one-half gallons of noncellulosic ethanol. "Alternate fuels" shall have the
same meaning as contained in 10 Code of Federal Regulations Part 490; provided
that it shall also include liquid or gaseous fuels produced from renewable
feedstocks such as organic wastes, or from water using electricity from renewable
energy sources.
(b) The State shall support the attainment of the clean ground transportation target established pursuant to section 225P- (b)."
SECTION 9. Section 196-72, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:
"(b) The chief energy officer shall have:
(1) Experience, knowledge, and expertise in policy, programs, or services related to energy efficiency, renewable energy, clean transportation, and energy resiliency related activities and development; and
(2) Experience in a
supervisory or administrative capacity[.]; and
(3) Lead efforts to incorporate energy efficiency,
renewable energy, energy resiliency, and clean transportation to reduce costs and
achieve clean energy goals across all public facilities."
SECTION 10. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 11. This Act shall take effect on July 1, 2050.
Report Title:
Clean Ground Transportation Goals; Fleet Procurement; Road Construction; Carbon Footprint Reduction
Description:
Establishes clean ground transportation goals for state agencies on a staggered basis until achieving a one hundred per cent light-duty motor vehicle clean fleet by 12/31/2030. Requires the Hawaii state energy office to lead the efforts to incorporate energy efficiency, renewable energy, energy resiliency, and clean transportation to reduce costs and achieve clean energy goals across all public facilities. Requires that all new light-duty passenger vehicles purchased for the state's fleet are zero emission vehicles and the comptroller may authorize an exemption for new fleet vehicle procurement. Requires that the vehicle selection criteria include one hundred percent biodiesel fueled vehicles. Allows state and counties to include trees and plants with lifespans longer than twenty years as a part of capital improvement projects. Adds "green infrastructure" definition. Revises definitions for "capital investment costs" and "construction "costs". Effective 7/1/2050. (SD1)
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not legislation or evidence of legislative intent.