|
THE SENATE |
S.B. NO. |
809 |
|
THIRTY-SECOND LEGISLATURE, 2023 |
S.D. 2 |
|
|
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 legislature finds that Act 306, Session Laws of Hawaii 2022, is no longer viable and will be replaced by this Act, which establishes the electric mobility rebate program. Accordingly, the purpose of this part is to repeal Act 306, Session Laws of Hawaii 2022.
SECTION 2. Section 264-122, Hawaii Revised Statutes, is amended to read as follows:
"§264-122 Highway development special fund. (a) There is established in the state treasury the highway development special fund to be administered by the department, into which shall be deposited:
(1) Transfers of county impact fees assessed under part VIII of chapter 46 and this part to pay for state highway improvements;
(2) Interest from investment of deposits; and
(3) Legislative and county appropriations.
(b) Moneys in the highway development special fund shall be used for the following purposes:
(1) Capital costs of qualifying proposed state highway improvements;
(2) Reevaluation of the need, geographic limitations, amount, and use of impact fees;
(3) Transfers to reimburse other special funds for expenditures which otherwise might have been funded with moneys in the highway development special fund;
(4) Transfers under sections 36-27 and 36-30;
(5) Refunds under section 264-125; and
(6) The department's costs to implement this part, including but not limited to costs to administer the highway development special fund.
(c) The department may establish accounts in the highway development special fund as necessary to implement this part and rules adopted by the department.
[(d) There is established within the highway
development special fund an electric bicycle and electric moped
subaccount. The department shall expend
moneys in the subaccount for the purposes of funding the electric bicycle and
electric moped rebate program established pursuant to section 196-7.8.]"
SECTION 3. Section 196-7.8, Hawaii Revised Statutes, is repealed.
["[§196-7.8] Electric bicycle and electric moped rebate
program; third-party administrator; special fund. (a)
The department of transportation shall administer a rebate program that
incentivizes the purchase of new electric bicycles and new electric mopeds and
may contract with a third-party administrator pursuant to subsection (i) to
operate and manage the rebate program.
(c) The department of transportation shall not
issue more than $700,000 in total rebates under this section each fiscal year;
provided that the electric bicycle and electric moped 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 more than twenty-eight miles per hour; and
(2) Electric mopeds,
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 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 rebate program, the department of transportation shall provide
rebates to persons eighteen years or older who:
(1) Are eligible for:
(A) The Supplemental Nutrition Assistance
Program;
(B) The free and reduced price lunch
program;
(C) Section 8 of the United States
Housing Act of 1937, as amended; or
(D) 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 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 rebate program."]
SECTION 4. Act 306, Session Laws of Hawaii 2022, is repealed.
PART II
SECTION 6. Chapter 196, Hawaii Revised Statutes, is amended by adding a new section to part I to be appropriately designated and to read as follows:
"§196- Electric
mobility rebate program; third-party administrator. (a)
The department of transportation shall administer a rebate program that
incentivizes the purchase of new electric mobility devices.
(b) Each eligible purchaser of a new electric
bicycle, new electric moped, or new electric micro-mobility device, as
determined pursuant to subsection (h), shall receive:
(1) A rebate; or
(2) An additional assistance rebate,
of
either 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 $2,000,000 in total rebates under this section each fiscal
year; provided that the electric mobility special fund established pursuant to
section 264- 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 a copy of valid government issued photo identification of the
buyer; 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, new electric moped, or electric
micro-mobility device.
(e) This section shall apply to new:
(1) Electric bicycles capable of speeds
of no more than twenty—eight miles per hour;
(2) Electric mopeds; and
(3) Electric micro-mobility devices,
purchased
at a retail store after July l, 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 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 mobility rebate
program, the department of transportation shall provide:
(1) Rebates pursuant to subsection
(b)(1) to persons sixteen years of age or older who 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 are eligible for:
(A) The supplemental nutrition
assistance program;
(B) The free and reduced price lunch
program;
(C) Section 8 of the United States
Housing Act of 1937, as amended; or
(D) Similar low—income assistance
programs identified by the department of transportation.
(i) The department of transportation may contract
with a third—party administrator to operate and manage the electric mobility
rebate program. The third—party
administrator shall not be deemed to be a "governmental body" as
defined in section l03D—l04; 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 may directly
issue rebates to each rebate recipient from moneys transferred from the electric
mobility special fund. 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 mobility rebate program.
(j) As used in this section,
"electric micro-mobility device" means any ground transportation
device, including a standing scooter, skateboard, board riding on a single
wheel, or similar device:
(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 maximum speed of
twenty-eight miles per hour; and
(3) Which a person may reasonably use to
commute to and from regular destinations."
SECTION 7. 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 2022-2023 to be deposited into the electric mobility special
fund established in part III of this Act.
SECTION 8. There is appropriated out of the electric
mobility special fund established in part III of this Act, the sum of $ or so much thereof as may be necessary
for fiscal year 2022-2023 for the operations of the electric mobility rebate
program, including the payment of rebates and the costs of the third-party
administrator; provided that the department of transportation shall not expend
more than ten per cent of the total amount appropriated for the department's
administration of the electric mobility rebate program; provided further that
the moneys appropriated shall not lapse at the end of the fiscal year for which
the moneys have been appropriated; and provided further that any moneys
appropriated pursuant to this section that are unencumbered as of June 30,
2024, shall lapse on that date.
The sum appropriated shall be
expended by the department of transportation for this Act.
SECTION 9. 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 to be deposited into the electric mobility special
fund established by part III of this Act.
SECTION 10. There is appropriated out of the electric
mobility special fund established in part III of this Act, the sum of $ or so much thereof as may be necessary
for fiscal year 2023-2024 for the operations of the electric mobility rebate
program including the payment of rebates and the costs of the third-party administrator;
provided that the department of transportation shall not expend more than ten
per cent of the total amount appropriated for the department's administration
of the electric mobility rebate program; provided further that the moneys appropriated
shall not lapse at the end of the fiscal year for which the moneys have been
appropriated; and provided further that any moneys appropriated pursuant to
this section that are unencumbered as of June 30, 2025, shall lapse on that
date.
The sum appropriated shall be
expended by the department of transportation for the purposes of this Act.
SECTION 11. 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 2024-2025 to be deposited into the electric
mobility special fund established in part III of this Act.
SECTION 12. There is appropriated out of the electric
mobility special fund established in part III of this Act, the sum of $ or so much thereof as may be
necessary for fiscal year 2024-2025 for the operations of the electric mobility
rebate program including the payment of rebates and the costs of the third-party
administrator; provided that the department of transportation shall not expend
more than ten per cent of the total amount appropriated for the department's
administration of the electric mobility rebate program; provided further that
the moneys appropriated shall not lapse at the end of the fiscal year for which
the moneys have been appropriated; and provided further that any moneys
appropriated pursuant to this section that are unencumbered as of June 30,
2026, shall lapse on that date.
The sum appropriated shall be
expended by the department of transportation for the purposes of this Act.
PART III
SECTION 13. The purpose of this part is to add a new
section to chapter 264, Hawaii Revised Statutes, to establish within the state
treasury the electric mobility special fund for the purposes of funding the
rebate program established in part II of this Act.
SECTION 14. Chapter 264, Hawaii Revised Statutes, is
amended by adding a new section to part I to be appropriately designated and to
read as follows:
"§264- Electric
mobility special fund. (a) There is established in the state treasury
the electric mobility special fund to be administered by the department of
transportation, into which shall be deposited:
(1) Appropriations made by the
legislature to the fund; and
(2) Gifts, grants, and donations to the
fund.
(b) Moneys in the electric mobility special fund
shall be used for the following purposes:
(1) Operating expenses of the electric
mobility rebate program;
(2) Rebates for the electric mobility
rebate program; and
(3) Costs of a third-party administrator
for the operation of the electric mobility rebate program."
SECTION 15. Statutory material to be repealed is
bracketed and stricken. New statutory
material is underscored.
SECTION 16. This Act shall take effect on July 1, 2051; provided that sections 1, 2, 3, 4, 5, 6, 7, 8, 13, 14, and 15 of this Act shall take effect on July 1, 2050.
Report Title:
Department of Transportation; Electric Mobility Rebate Program; Electric Mobility Special Fund; Appropriations
Description:
Repeals the electric bicycle and electric moped rebate program and electric bicycle and electric moped subaccount of the highway development special fund. Establishes the electric mobility rebate program and electric mobility special fund. Appropriates moneys. Effective 7/1/2050 and 7/1/2051. (SD2)
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.