STAND. COM. REP. NO. 858-04
Honolulu, Hawaii
, 2004
RE: S.B. No. 3170
S.D. 2
H.D. 1
Honorable Calvin K.Y. Say
Speaker, House of Representatives
Twenty-Second State Legislature
Regular Session of 2004
State of Hawaii
Sir:
Your Committee on Energy and Environmental Protection, to which was referred S.B. No. 3170, S.D. 2, entitled:
"A BILL FOR AN ACT RELATING TO PETROLEUM PRODUCTS,"
begs leave to report as follows:
The purpose of this bill is to require that 85 percent of all gasoline sold for use in motor vehicles contain ten percent ethanol by volume, beginning January 1, 2006.
A concerned individual supported this bill. ILWU Local 142, Maui Ethanol, LLC, and a concerned individual supported this measure with amendments. Western States Petroleum Association opposed this bill. Tesoro Hawaii opposed this measure and suggested amendments. The Department of Business, Economic Development, and Tourism (DBEDT) commented and suggested amendments.
Your Committee has amended this bill by:
(1) Replacing all references to "commissioner" in this amended measure with "director";
(2) Clarifying that the 85 percent requirement is a minimum requirement to be calculated on an annual basis;
(3) Amending other subsections of section 486J-10, Hawaii Revised Statutes (HRS), to:
(A) Delete the provision allowing gasoline blended with an ethanol-based product to fall within section requirements;
(B) Allow the director to authorize the sale of gasoline that does not meet specified requirements when insufficient ethanol production capacity exists;
(C) Amend the reporting and filing requirements, upon DBEDT's recommendation to streamline the law and reduce the potential for conflict with the gasoline price cap law;
(D) Remove the cap on the amount of the per infraction for violations of the section; and
(E) Allow the director the discretion to adopt rules exempt from the requirements of chapter 91, HRS;
(4) Changing the effective date to upon approval; and
(5) Making technical, nonsubstantive amendments for clarity, consistency, and style.
As affirmed by the record of votes of the members of your Committee on Energy and Environmental Protection that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 3170, S.D. 2, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 3170, S.D. 2, H.D. 1, and be referred to the Committee on Consumer Protection and Commerce.
Respectfully submitted on behalf of the members of the Committee on Energy and Environmental Protection,
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____________________________ HERMINA M. MORITA, Chair |