Bill Text: HI SB2210 | 2010 | Regular Session | Introduced

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Bill Title: Plastic Prohibition; Tax Credit; Boating

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced - Dead) 2010-02-09 - (S) The committee on WTL deferred the measure. [SB2210 Detail]

Download: Hawaii-2010-SB2210-Introduced.html

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THE SENATE	S.B. NO.	2210
TWENTY-FIFTH LEGISLATURE, 2010
STATE OF HAWAII

A BILL FOR AN ACT

 

 

relating to pollution.

 

 

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

 

     SECTION 1.  In 1997, while sailing from Hawaii to California, amateur scientist Captain Charles Moore made a surprising discovery – what he calls a vast "garbage patch" of plastic debris twice the size of Texas in the middle of the Pacific Ocean.  The "garbage patch" is a diffuse soup, with bits dispersed over a large area and doing two roundabouts: in the eastern Pacific and in the western Pacific.  Together these gyres form the shape of a dog bone.  The Great Pacific Garbage Patch, as it has become known, is described as two to three times the size of Texas, but in fact it might be far larger - as much as five million square miles, or one and a half times the size of the United States.  Sailors encounter it within five hundred miles of the California coast and two hundred miles off Japan. 

In recent years, dead seabirds have been washing ashore in startling numbers, and one animal dissected by Dutch researchers contained 1,603 pieces of plastic.  The most worrisome plastic pollution are the minuscule pieces of plastic, some barely visible to the eye, swirling like fish food throughout the water.  All over the globe, there are signs that plastic pollution is making its way into the food chain, and the pollution is likely to end up in humans.  Scientists are only beginning to research the long-term ways in which the chemicals used to make plastic interact with our own biochemistry. 

     The most effective way to reduce the environmental impact of plastics is source reduction.  About twenty per cent of plastic in our oceans comes from goods lost from boats: i.e. accidental loss of fishing tackle and other recreational gear, massive shipping containers carrying millions of plastic items washed overboard during severe storms, litter from pleasure boats, or illegal dumping of unwanted goods.  Additionally, plastic is made from petrochemicals; so every plastic item purchased adds to our dependence on oil.

     The purpose of this Act is to reduce plastic pollution by:

     (1)  Prohibiting the use of plastic objects on commercial or recreational boats;

     (2)  Establishing a working group to expand similar prohibitions to subsistence fishers; and

     (3)  Providing a tax credit for principal operators of commercial or recreational boats required to replace equipment and items used in the operations of those boats.

     SECTION 2.  Chapter 200, Hawaii Revised Statutes, is amended by adding a new part to be appropriately designated and to read as follows:

"Part   .  Plastic object prohibition

     §200-A  Declaration of policy.  The legislature hereby finds, determines, and declares that this part is necessary to promote and attain:

     (1)  The full use and enjoyment of the waters of the State;

     (2)  A reduction in plastic pollution in the State and its waters; and

     (3)  A clean ocean environment for future generations of fishers and recreational users of the waters of the State.

     §200-B  Definitions.  As used in this part unless the context otherwise requires:

     "Article of clothing" includes apparel, dress, garments, or attire including any type of eyeglasses, jewelry, and shoes.

     "Plastic object" means any container, sheet, or object which consists of any material made of polymeric organic compounds and additives that can be shaped by flow.

     §200-C  Plastic objects; prohibition; exceptions.  (a)  Any vessel registered and numbered in the State for use or operation on or in the waters of the State, pursuant to section 200-31, shall be prohibited from carrying or using any plastic object; provided that vessels may transport commercial cargo of plastic objects. 

     (b)  Notwithstanding subsection (a), a plastic object may be carried or used on a vessel if it is:

     (1)  Essential for the administration of first aid;

     (2)  Used in the carrying or dosing of prescription medications;

     (3)  Integrated into a sanitary napkin or diaper;

     (4)  Incorporated into an article of clothing; or

     (5)  Part of the vessel, emergency rescue equipment, diving or snorkel gear, or navigation equipment.

     (c)  Any vessel not in compliance with this part shall not be registered or numbered pursuant to section 200-31.

     (d)  The department shall adopt rules pursuant to chapter 91 necessary for the purposes of this part.

     §200-D  Subsistence fishing working group; established.  (a)  There is established within the department for administrative purposes a subsistence fishing working group. 

     (b)  The working group shall include:

     (1)  The chairperson, or the chairperson's designee;

     (2)  The administrator of the office of Hawaiian affairs, or the administrator's designee; and

     (3)  Three persons who practice subsistence fishing, to be designated by the governor.

     (c)  The working group shall examine the feasibility of prohibiting plastic objects in subsistence fishing practices and make recommendations for rules to the department in conformance therewith.

     (d)  The members of the working group shall serve without compensation but shall be reimbursed for expenses, including travel expenses, necessary for the performance of their duties.

     (e)  The department shall adopt rules recommended by the working group pursuant to chapter 91.

     (f)  For the purposes of this section, "subsistence" means the customary and traditional native Hawaiian uses of renewable ocean resources for direct personal or family consumption or sharing."

     SECTION 3.  Chapter 235, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

     "§235-    Plastic object replacement tax credit.  (a)  Each principal operator of a fishing or recreational vessel who files an individual or corporate net income tax return for a taxable year may claim an income tax credit under this section against the Hawaii state individual or corporate net income tax.

     (b)  The tax credit shall be an amount equal to the amount paid by the principal operator during the taxable year for equipment and items necessarily purchased to comply with chapter 200, part   .

     (c)  The tax credit claimed under this section by the principal operator shall be deductible from the principal operator's individual or corporate income tax liability, if any, for the tax year in which the credit is properly claimed; provided that a husband and wife filing separate returns for a taxable year for which a joint return could have been made by them shall claim only the tax credit to which they would have been entitled had a joint return been filed.  If the tax credit claimed by the principal operator under this section exceeds the amount of the income tax payments due from the principal operator, the excess of credit over payments due shall be refunded to the principal operator; provided that the tax credit properly claimed by a principal operator who has no income tax liability shall be paid to the principal operator; and provided further that no refunds or payments on account of the tax credit allowed by this section shall be made for amounts less than $1.

     (d)  The director of taxation shall prepare such forms as may be necessary to claim a credit under this section, may require proof of the claim for the tax credit, and may adopt rules pursuant to chapter 91.

     (e)  All of the provisions relating to assessments and refunds under this chapter and under section 231-23(c)(1) shall apply to the tax credit under this section.

     (f)  Claims for the tax credit under this section, including any amended claims thereof, shall be filed on or before the end of the twelfth month following the taxable year for which the credit may be claimed.

     (g)  As used in this section:

     "Fishing or recreational vessel" means any vessel registered and numbered in the State for use or operation on or in the waters of the State pursuant to section 200-31.

     "Principal operator" means any individual or corporate resident taxpayer who registers a fishing or recreational vessel in the State pursuant to section 200-31."

     SECTION 4.  New statutory material is underscored.

     SECTION 5.  This Act shall take effect upon its approval; provided that section 3 shall apply to taxable years beginning after December 31, 2009.

 

INTRODUCED BY:	_____________________________

 

 

Report Title:

Plastic Prohibition; Tax Credit; Boating

 

Description:

Prohibits the use of plastic objects on any boat registered in the State; establishes a working group to develop rules for subsistence fishing; provides a tax credit for items purchased to comply with the prohibition.

 

 

 

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