Bill Text: HI SB80 | 2014 | Regular Session | Introduced

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Bill Title: Biofuel; Sustainability; Agriculture; Aquaculture

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2013-12-18 - Carried over to 2014 Regular Session. [SB80 Detail]

Download: Hawaii-2014-SB80-Introduced.html

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THE SENATE	S.B. NO.	80
TWENTY-SEVENTH LEGISLATURE, 2013
STATE OF HAWAII

A BILL FOR AN ACT

 

 

RELATING TO SUSTAINABILITY.

 

 

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

 

     SECTION 1.  The legislature finds that the intent of the ten per cent ethanol requirement under section 486J-10, Hawaii Revised Statutes, was to provide energy independence from foreign oil, reduce statewide gasoline consumption, and establish industrial plants to produce ethanol locally.

     The State of Hawaii imports all of its ethanol, along with crude oil, from overseas.  Act 257, Session Laws of Hawaii 1997, requires that gasoline sold in the State contain ten per cent ethanol.  Despite several planned ethanol plants and an abundance of vacant sugar cane land, no plants have been built. The legislature finds that the intent of Act 257 remains unfulfilled.

     The purpose of this Act is to broaden certain statutory provisions to promote the use of biofuels, including but not limited to ethanol.

     SECTION 2.  Section 125C-3, Hawaii Revised Statutes, is amended to read as follows:

     "§125C-3  Powers in a shortage.  When a shortage as defined in section 125C-2 exists, the governor or the governor's authorized representative, to ensure that petroleum products are made available to the public in an orderly, efficient, and safe manner, may:

     (1)  Control the retail distribution and sale of petroleum products by adopting rules that may include, but are not limited to, the following measures:

         (A)  Restricting the sale of petroleum products to specific days of the week, hours of the day or night, odd- and even-numbered calendar days, and vehicles having less than a specified amount of gasoline in their tanks, with exceptions for certain designated geographical areas;

         (B)  Restricting sales of petroleum products by dealers to daily allocations, which shall be determined by dividing the monthly allocation by the number of selling days per month;

         (C)  Requiring dealers to post signs designating their hours of operation and the sell-out of daily allocation;

         (D)  Instituting a statewide rationing plan; and

         (E)  Allowing for special handling for commercial and emergency-user vehicles;

     (2)  Require that a percentage of petroleum products, not to exceed five per cent, be set aside to alleviate hardship; provided that aviation gasoline set aside shall not exceed ten per cent;

     (3)  Purchase and resell or otherwise distribute petroleum products, and purchase and resell or otherwise distribute [ethanol] biofuel that is produced within the State and can be used as a substitute for petroleum products;

     (4)  Receive, expend, or use contributions or grants in money or property, or special contributions thereof for special purposes not inconsistent with this chapter;

     (5)  Borrow and expend moneys needed to exercise the powers granted under this section;

     (6)  Contract in the name of the State for the purpose of implementing this chapter or any part thereof; and

     (7)  Exercise the powers granted under this section to the degree and extent deemed by the governor to be necessary, including the temporary or indefinite suspension of all or part of the measures taken, as the governor deems appropriate."

     SECTION 3.  Section 155-1, Hawaii Revised Statutes, is amended by amending the definition of "farm sustainable projects" to read as follows:

     ""Farm sustainable projects" means projects that improve the operation's viability but are not directly tied to [farm crop] agriculture production.  Projects may include but are not limited to photovoltaic energy, hydroelectric power, wind power generation, methane generation, food safety, product traceability, biodiesel production, and [ethanol] biofuel production."

     SECTION 4.  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] biofuel 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;

     (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

     (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."

     SECTION 5.  Section 219-2, Hawaii Revised Statutes, is amended by amending the definition of "aquaculture sustainable projects" to read as follows:

     ""Aquaculture sustainable projects" means projects that improve the operation's viability but are not directly tied to aquaculture production.  Projects may include but are not limited to photovoltaic energy, hydroelectric power, wind power generation, methane generation, food safety, product traceability, biodiesel production, and [ethanol] biofuel production."

     SECTION 6.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 7.  This Act shall take effect on July 1, 2013.

 

INTRODUCED BY:	_____________________________

 

 

Report Title:

Biofuel; Sustainability; Agriculture; Aquaculture

 

Description:

Authorizes governor, during shortages, to purchase and resell or otherwise distribute petroleum products, and purchase and resell or otherwise distribute biofuel that is produced within the State and can be used as a substitute for petroleum products.  Expands definition of "farm sustainable projects".  Requires agencies to purchase alternative fuels and biofuel blended gasoline when available.  Amends definition of "aquaculture sustainable projects".

 

 

 

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