THE SENATE

S.B. NO.

809

THIRTY-SECOND LEGISLATURE, 2023

S.D. 1

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

RELATING TO TRANSPORTATION.

 

 

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

 

     SECTION 1.  The purpose of this Act is to reduce the cost of living and cost of transportation by expanding access for rebates for the purchase and use of electric bicycles, electric mopeds, and similar mobility devices.

     SECTION 2.  Section 196-7.8, Hawaii Revised Statutes, is amended to read as follows:

     "[[]§196-7.8[]]  Electric [bicycle and electric moped] mobility rebate program; third-party administrator; [special fund.] subaccount.  (a)  The department of transportation shall administer a rebate program that incentivizes the purchase of new electric [bicycles and new electric mopeds] mobility devices and may contract with a third-party administrator pursuant to subsection (i) to operate and manage the rebate program.

     (b)  Each eligible [purchase] purchaser of a new electric bicycle [or], new electric moped, or new electric micro-mobility device, as determined pursuant to subsection (h), shall receive [a]:

     (1)  A rebate; or

     (2)  An additional assistance rebate,

of either [twenty] forty per cent of the retail cost of the electric bicycle, electric moped, or electric micro-mobility device or $500, whichever amount is lower; provided that no individual receiving rebates under paragraph (1) shall receive more than $500 in total rebates each fiscal year[.], unless also qualifying for an additional assistance rebate under paragraph (2), in which case the purchaser shall receive not more than $1,000 in total rebates each fiscal year.

     (c)  The department of transportation shall not issue more than [$700,000] $2,000,000 in total rebates under this section each fiscal year; provided that the electric [bicycle and electric moped] mobility subaccount within the highway development special fund pursuant to section 264-122(d) contains sufficient funds to pay the rebates.  The department of transportation shall not be liable to pay any refund if sufficient funds are unavailable.  The department of transportation shall allow valid claims filed by eligible applicants for whom sufficient funds may not be immediately available to receive a rebate as funds may be available in a subsequent year.

     (d)  The department of transportation shall:

     (1)  Prepare any forms that may be necessary for an applicant to claim a rebate pursuant to this section; and

     (2)  Require each applicant to furnish reasonable information to ascertain the validity of the claim, including but not limited to the signature of the buyer and individual responsible for the sale on behalf of a retail store at the time of sale, a copy of valid government issued photo identification of the buyer at the time of the sale, receipt of purchase, name and address of the retail store, verification of eligibility, and any other documentation necessary to demonstrate the legitimate purchase of a new electric bicycle or new electric moped.

     (e)  This section shall apply to new:

     (1)  Electric bicycles capable of speeds of [no] not more than twenty-eight miles per hour; [and]

     (2)  Electric mopeds[,]; and

     (3)  Electric micro-mobility devices,

purchased at a retail store after July 1, 2022.

     (f)  Applicants shall submit an application to the department of transportation within twelve months of the date of purchase to claim a rebate from the electric [bicycle and electric moped] mobility rebate program.  Failure to apply within twelve months of the date of purchase shall constitute a waiver of the right to claim the rebate.

     (g)  Nothing in this section shall alter taxes due on the original purchase.  Any rebate received pursuant to this section shall not be considered income for the purposes of state or county taxes.

     (h)  In administering the electric [bicycle and electric moped] mobility rebate program, the department of transportation shall provide [rebates]:

     (1)  Rebates pursuant to subsection (b)(1) to persons [eighteen] sixteen years of age or older who[:

     (1)] purchase a new qualifying electric bicycle, electric moped, or electric micro-mobility device; and

     (2)  Additional assistance rebates pursuant to subsection (b)(2) to persons sixteen years of age or older who purchase a new qualifying electric bicycle, electric moped, or electric micro-mobility device and:

          (A)  Are eligible for:

         [(A)]  (i)  The Supplemental Nutrition Assistance Program;

         [(B)] (ii)  The free and reduced price lunch program;

         [(C)] (iii)  Section 8 of the United States Housing Act of 1937, as amended; or

         [(D)] (iv)  Similar low-income assistance programs identified by the department of transportation[;].

    [(2)       Do not own a registered motor vehicle with four or more wheels, as demonstrated by an affidavit signed by the applicant at the time of sale of the new electric bicycle or electric moped, which may be audited by the department of transportation; or

     (3)  Are enrolled in school, community college, or university].

     (i)  The department of transportation may contract with a third-party administrator to operate and manage the electric [bicycle and electric moped] mobility rebate program.  The third-party administrator shall not be deemed to be a "governmental body" as defined in section 103D-104; provided that all moneys transferred to the third-party administrator shall have been appropriated by the legislature or shall be from moneys provided by the federal government or private funding sources.  The third-party administrator shall not expend more than ten per cent of the amounts appropriated for the rebate program, or any other reasonable percentage determined by the department of transportation, for administration of the electric [bicycle and electric moped] mobility rebate program.

     (j)  As used in this section, "electric micro-mobility device" means any ground transportation device, including standing scooters, skateboards, boards riding on a single wheel, or similar devices:

     (1)  That is powered either exclusively by electricity from a battery charged from an external source or by electricity from a battery charged from an external source in addition to human power;

     (2)  That has a range exceeding twelve miles and maximum speed of twenty-eight miles per hour; and

     (3)  On which a person may reasonably commute to and from regular destinations."

     SECTION 3.  Section 264-122, Hawaii Revised Statutes, is amended by amending subsection (d) to read as follows:

     "(d)  There is established within the highway development special fund an electric [bicycle and electric moped] mobility subaccount.  The department shall expend moneys in the subaccount for the purposes of funding the electric [bicycle and electric moped] mobility rebate program established pursuant to section 196-7.8."

     SECTION 4.  There is appropriated out of the general revenues of the State of Hawaii the sum of $           or so much thereof as may be necessary for fiscal year 2023-2024 and the same sum or so much thereof as may be necessary for fiscal year 2024-2025 to be deposited into the electric mobility subaccount of the highway development special fund, established pursuant to section 264-122(d), Hawaii Revised Statutes.

     SECTION 5.  There is appropriated out of the electric mobility subaccount of the highway development special fund, established pursuant to section 264-122(d), Hawaii Revised Statutes, the sum of $           or so much thereof as may be necessary for fiscal year 2023-2024 and the same sum or so much thereof as may be necessary for fiscal year 2024-2025 for the electric mobility rebate program; provided that the department of transportation shall not expend more than ten per cent of the total amount appropriated for the department of transportation's administration of the electric mobility rebate program; provided further that the funds appropriated shall not lapse at the end of the fiscal year for which it was appropriated, but any unencumbered funds remaining shall lapse on June 30, 2024.

     The sums appropriated shall be expended by the department of transportation for the purposes of this Act.

     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, 2023.

 

 

 

Report Title:

Department of Transportation; Electric Bicycle and Electric Moped Rebate Program; Subaccount; Electric Mobility; Appropriation

 

Description:

Renames the Electric Bicycle and Electric Moped Rebate Program as the Electric Mobility Rebate Program.  Expands the scope of the program to include electric micro-mobility devices and an additional rebate type.  Repeals the requirement that eligible individuals cannot own a motor vehicle with four or more wheels.  Appropriates funds.  (SD1)

 

 

 

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