Gives governor authority to waive gas cap law in the event of a natural disaster anywhere that substantially disrupts fuel supplies in the State.

A BILL FOR AN ACT

SECTION 1. Hawaii is dependent on outside sources for virtually all of its fuel used in transportation and industrial production. As was evidenced by the twin hurricanes Katrina and Rita, natural disasters and events far from our shores can have negative impacts on our fuel supplies in the State. The tsunami in southeast Asia could have disrupted the potential for obtaining gasoline from Singapore and other ports in Asia.

The purpose of this Act is to give the governor authority to suspend the maximum pre-tax wholesale price of gasoline if a natural disaster any where in the world has the effect, whether directly or indirectly, of disrupting gasoline supplies or prices in the State.

SECTION 2. Section 486H-15, Hawaii Revised Statutes, is amended to read as follows:

"§486H-15 Governor's emergency powers. (a) Notwithstanding any law to the contrary, the governor may suspend, in whole or in part, section 486H-13 or any rule adopted pursuant to that section whenever the governor issues a written determination that strict compliance with the section or a rule will cause a major adverse impact on the economy, public order, or the health, welfare, or safety of the people of Hawaii. In the written determination, the governor shall state the specific provision of the section or rule that strict compliance with will cause a major adverse impact on the economy, public order, or the health, welfare, or safety of the people of the State, along with specific reasons for that determination. The governor shall publish this determination in accordance with section 1-28.5. The suspension shall take effect upon issuance of the written determination by the governor.

(b) Except as provided in subsection (c), the suspension under subsection (a) shall remain in effect until the earlier of:

provided that if the legislature has passed legislation to address the major adverse impact, and the governor vetoes the presented legislation, the suspension shall terminate on the date of that veto, and the maximum pre-tax wholesale gasoline prices in effect immediately prior to the issuance of the written determination by the governor shall take effect on the day after the date of the veto; and provided further that if no action is taken by the legislature during the regular or special session to address the major adverse impact, then the maximum pre-tax wholesale gasoline prices in effect immediately prior to the issuance of the written determination by the governor shall take effect on the day after adjournment sine die of the regular or special session.

(c) If the written determination is issued while the legislature is in session, the suspension under subsection (a) shall remain in effect until the earlier of:

provided that if the legislature has passed legislation to address the major adverse impact, and the governor vetoes the presented legislation, the suspension shall terminate on the date of that veto, and the maximum pre-tax wholesale gasoline prices in effect immediately prior to the issuance of the written determination by the governor shall take effect on the day after the date of the veto; and provided further that if no action is taken by the legislature during the regular or special session to address the major adverse impact, then the maximum pre-tax wholesale gasoline prices in effect immediately prior to the issuance of the written determination by the governor shall take effect on the day after adjournment sine die of the regular or special session.

(d) Anything in this section notwithstanding, in the event that the governor determines that a natural disaster is having, whether directly or indirectly, an adverse impact on or causing disruption to gasoline supplies or prices in the State, the governor may suspend, in whole or in part, 486H-13 or any rules adopted pursuant to that section."

SECTION 3. New statutory material is underscored.

SECTION 4. This Act shall take effect upon its approval.