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THE SENATE |
S.B. NO. |
1534 |
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THIRTY-SECOND LEGISLATURE, 2023 |
S.D. 1 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO TRANSPORTATION.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
The legislature further finds that it is important to not incentivize the department of transportation to increase overall commuting and vehicle miles traveled to boost revenues from road usage fees, which would increase cost and reduce quality of life for residents. Therefore, a concerted strategy must be developed and implemented to enable commuters to reduce overall vehicle miles traveled and provide commuters who do not drive themselves more affordable options such as efficient public transit, electric mobility, bicycling, and walking, which will improve outcomes and reduce the number of cars on the road, traffic, and costs.
Therefore, the purpose of this Act is to:
(1) Ensure fairness for everyone using public roads, and sufficient revenues to maintain them, by replacing the $50 annual fee for electric vehicles with a mileage-based road user fee; and
(2) Ensure a lower cost of transportation for all residents by repealing the state highway safety council and establishing a Hawaii highway safety and modernization council to establish goals, metrics, benchmarks, and strategies to reduce vehicle miles traveled and the cost of transportation.
SECTION 2. Chapter 249, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:
"§249- State mileage-based road usage charge. (a)
Beginning July 1, 2025, in addition to all other fees and taxes levied
by this chapter, vehicles defined in subsection (c) shall be subject to a state
mileage-based road usage charge. The
state mileage-based road usage charge shall be calculated by the county director
of finance at the rate of
cents per mile traveled, multiplied by the number of miles traveled, less the
estimated amount of paid state motor fuel taxes that correspond with the number
of miles traveled. This estimate shall
be determined by departmental administrative rulemaking process. The number of miles traveled shall be
calculated as the difference between the vehicle's two most recent odometer
readings, as noted on the vehicle's certificate of inspection pursuant to
section 286‑26(e). The state mileage-based road usage charge
shall not be less than zero dollars. For
the first registration renewal of new motor vehicles for which no certificate
of inspection is required, the state mileage-based road usage charge assessed
shall be $70, and such amount once paid shall be subtracted from the
calculation of the state mileage-based road usage charge upon that vehicle's
second registration renewal.
(b) The state mileage-based road usage charge
shall be paid each year following the vehicle's most recent inspection together
with all other taxes and fees levied by this chapter on a staggered basis as
established by each county as authorized by section 286-51, and the state
mileage-based road usage charge shall likewise be staggered so that the state
mileage-based road usage charge is due and payable at the same time and shall
be collected together with the county registration fee. The state mileage-based road usage charge
shall be deemed delinquent if not paid with the county registration fee. The respective counties shall collect the
state mileage-based road usage charge together with the vehicle registration
tax collected for the county and shall transfer the moneys collected under this
section to the state director of finance for deposit into the state highway
fund established under section 248-8.
(c) Vehicles subject to the state mileage-based
road usage charge defined in subsection (a) shall include all electric vehicles
in the State except for vehicles that qualify for any of the exemptions in
sections 249-4, 249-5.5, 249-6, and 249-6.5.
For the purposes of this section, "electric vehicle" means a
vehicle, with four or more wheels, a gross vehicle weight rating less than or
equal to ten thousand pounds, and the capability to operate legally at a speed
of more than thirty-five miles per hour, that draws propulsion energy
exclusively from a battery that can be recharged from an external source of
electricity.
(d) Until June 30, 2028, owners of electric
vehicles as defined in subsection (c) shall be offered a choice to pay a $70
registration surcharge in lieu of the state mileage-based road usage charge.
(e) The department of transportation shall
develop a long-term mileage-based road usage charge implementation plan that
includes findings, recommendations, implementation phase schedules, and
proposed legislation for deployment of a state mileage-based road usage charge
program to encompass all passenger vehicles and light duty trucks by December
31, 2033. This plan shall also include
recommendations on how to ensure compatibility with deployment of mileage-based
road usage charge by any county. This
plan shall be completed and submitted to the legislature no later than twenty
days prior to the convening of the regular session of 2026.
(f) Pursuant to its rulemaking authority, the department of transportation shall develop rules for establishing and administering the state mileage-based road usage charge." SECTION 3. Chapter 286, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:
"§286- Hawaii highway safety and modernization
council. (a)
There is established the Hawaii highway safety and modernization
council. The council shall be placed in
the department of transportation for administrative purposes. The following or their designated
representatives shall be members of the council:
(1) The chairpersons of the senate and
house of representatives standing committees whose purview is transportation,
who shall serve as co-chairpersons;
(2) The chief justice;
(3) The attorney general;
(4) The director of health;
(5) The superintendent of education;
(6) The head of the charter school
commission;
(7) The chairperson of the University of
Hawaii at Manoa department of urban and regional planning;
(8) The co-chairpersons of the Hawaii
climate change mitigation and adaptation commission;
(9) The director of the office of
planning and sustainable development;
(10) The executive director of the state
energy office;
(11) The state arborist;
(12) The deputy director of
transportation for highways; and
(13) The chairperson of each county
highway safety council established under section 286-6.
The
council shall also include not more than twelve other persons who shall be
appointed by the governor for a three-year term as follows:
(1) One member from an organization
representing senior citizens;
(2) One member from an organization
representing bicyclists;
(3) One member from an organization with
a focus on micro-mobility;
(4) One member from an organization with
a focus on transportation, planning, and improvement;
(5) One member from an organization with
a focus on reducing the cost of transportation for low-income communities;
(6) One member from an organization
representing labor and construction;
(7) One member from an organization
representing trucking and cargo carriers;
(8) One member from an organization with
a focus on the electrification of transportation;
(9) One member from an organization with
a focus on expanding trees, foliage, and reducing urban heat; and
(10) Up to three members on the basis of
their interest in transportation safety, modernization, and related state
goals.
(b) The members of the council
shall serve without compensation but shall be reimbursed for expenses,
including travel expenses, necessary for the performance of their duties.
(c) The Hawaii highway safety and
modernization council shall develop goals, metrics, benchmarks, and
strategies to reduce the cost of transportation and vehicle miles traveled,
improve safety, and achieve other state goals related to ground transportation.
(d) The state highway safety
council shall advise the governor on matters relating to the programs and
activities of the State in the field of highway safety."
SECTION 4. Section 249-31, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:
"(a) All vehicles and motor vehicles in the State
as defined in section 249-1, including antique motor vehicles, except as
otherwise provided in sections 249-4, 249-6, and 249‑31.5, shall be
subject to a $46 annual vehicle registration fee; provided that [electric
vehicles and] alternative fuel vehicles shall pay an annual vehicle
registration surcharge fee of $50, which shall be assessed and collected
beginning with the first registration renewal for every [electric vehicle
and] alternative fuel vehicle and shall be deposited into the state highway
fund established under section 248-8.
The fee shall be paid each year together with all other taxes and fees
levied by this chapter on a staggered basis as established by each county as
authorized by section 286-51, and the state registration for that county shall
likewise be staggered so that the state registration fee is due and payable at
the same time and shall be collected together with the county fee. The state registration fee shall be deemed
delinquent if not paid with the county registration fee. The respective counties shall collect this
fee together with the vehicle registration tax collected for the county and
shall transfer the moneys collected under this section to the State.
For the
purposes of this subsection, "alternative fuel vehicle" means a
vehicle equipped to be powered by a non-petroleum-based fuel, but excludes an
electric, electricity-recharged, or hybrid electric motor vehicle."
SECTION 5. Section 286-26, Hawaii Revised Statutes, is amended by amending subsection (e) to read as follows:
"(e) Upon application for a certificate of inspection to be issued for a vehicle or moped, an inspection as prescribed by the director under subsection (g) shall be conducted on the vehicle or moped, and if the vehicle or moped is found to be in a safe operating condition, a certificate of inspection shall be issued upon payment of a fee to be determined by the director. The certificate shall state the effective date, the termination date, the name of the issuing insurance carrier, and the policy number of the motor vehicle insurance identification card for the inspected motor vehicle as specified by section 431:10C-107 or state the information contained in the proof of insurance card as specified by section 431:10G-106. For an electric vehicle, the certificate shall also state the odometer reading of the vehicle on the date that the vehicle was inspected. A sticker, authorized by the director, shall be affixed to the vehicle or moped at the time a certificate of inspection is issued. An inspection sticker which has been lost, stolen, or destroyed shall be replaced without reinspection by the inspection station that issued the original inspection sticker upon presentation of the current certificate of inspection; provided that the current certificate of inspection and inspection sticker shall not have expired at the time the replacement is requested. The director shall adopt rules to determine the fee for replacement of lost, stolen, or destroyed inspection stickers.
As used in this subsection, "electric vehicle" means a vehicle that draws propulsion energy from a battery with at least four kilowatt hours of energy storage capacity that can be recharged from an external source of electricity."
SECTION 6. Section 286-41, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:
"(b) Application for the registration of a vehicle
shall be made upon the appropriate form furnished by the director of finance
and shall contain the name, occupation, and address of the owner and legal
owner; and, if the applicant is a member of the United States naval or military
forces, the applicant shall give the organization and station. All applications shall also contain a
description of the vehicle, including the name of the maker; the type of fuel
for the use of which it is adapted, such as gasoline, diesel oil, liquefied
petroleum gas[;], or electricity; the serial or motor number; the
date first sold by the manufacturer or dealer; a further description of the
vehicle as is called for in the form; and other information as may be required
by the director of finance, to establish legal ownership. A person applying for initial registration of
a neighborhood electric vehicle shall certify in writing that a notice of the
operational restrictions applying to the vehicle as provided in section
291C-134 are contained on a permanent notice attached to or painted on the
vehicle in a location that is in clear view of the driver."
SECTION 7. Section 286-5, Hawaii Revised Statutes, is repealed.
["§286-5
State highway safety council.
There is established the Hawaii highway safety council. The director of transportation shall serve as
its chairperson. The following or their
designated representatives shall be members of the council: the chief justice, the attorney general, the
director of health, the superintendent
of education, the president of the University of Hawaii, the chairperson of
each of the county highway safety councils established under section 286-6, and
not more than twenty other persons who shall be appointed by the governor on
the basis of their interest in highway safety.
The
state highway safety council shall advise the governor on matters relating to
the programs and activities of the State in the field of highway safety.
The
members of the council shall serve without pay but shall be entitled to
reimbursement for necessary expenses while attending meetings and while in
discharge of their duties."]
SECTION 8. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 9. This Act shall take effect on July 1, 2023; provided that sections 2, 4, 5, and 6 of this Act shall take effect on January 1, 2025.
Report Title:
Department of Transportation; Electric Vehicles; Alternative Fuel Vehicle; Mileage-Based Road User Fee; Hawaii Highway Safety and Modernization Council
Description:
Replaces the $50 annual vehicle registration surcharge for electric vehicles with a capped mileage-based road user fee for electric vehicles. Establishes the Hawaii Highway Safety and Modernization Council and repeals the State Highway Safety Council, effective 7/1/2023. Provides that implementation of mileage-based road user fees take effect 1/1/2025. (SD1)
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.