Bill Text: HI HB1087 | 2015 | Regular Session | Introduced
Bill Title: Environmental Response Revolving Fund; Barrel Tax
Spectrum: Partisan Bill (Democrat 6-0)
Status: (Engrossed - Dead) 2015-03-23 - Report adopted; Passed Second Reading, as amended (SD 1) and referred to WAM. [HB1087 Detail]
Download: Hawaii-2015-HB1087-Introduced.html
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
1087 |
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TWENTY-EIGHTH LEGISLATURE, 2015 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
relating to environmental protection.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The legislature finds that in January 2014, twenty-seven thousand gallons of jet fuel leaked from the United States Navy's Red Hill Underground Storage Facility near Pearl Harbor. The leak potentially affected groundwater in the area, which is an important source of drinking water for hundreds of thousands of people on Oahu. The Red Hill Underground Storage Facility tanks are single-walled tanks that are more than seventy years old, still hold 187,000,000 of gallons of fuel, and are located one hundred feet above a major source of drinking water for urban Honolulu.
During the regular session of 2014, the legislature adopted S.C.R. No. 73, H.D. 1, asking the department of health to convene a task force to study the effects of the fuel tank leak; explore the risks of further fuel release; and examine any effects on the environment, public health, and drinking water. Using emergency response resources provided by the environmental response revolving fund, the department of health responded to the emergency, convened the task force requested by the legislature, is conducting an ongoing investigation, and is negotiating a resolution with the United States Navy to ensure the safety of Oahu's supplies of fresh water.
Although the situation with the Red Hill Underground Storage Facility may have been resolved, there exist throughout the State an additional twenty-six similar field-constructed underground storage tanks that are older than seventy years. The legislature finds that these tanks may present a similar threat to Hawaii's freshwater supplies and to the islands' environment.
The legislature also finds that the environmental response revolving fund on which the department of health relies to fund its emergency response and ongoing operations is gradually decreasing because of diminished funds from the environmental response, energy, and food security tax as a result of the falling demand for oil.
The purpose of this Act is to assess the risks to Oahu's supply of fresh water from aging field-constructed underground storage tanks, ensure any deficiencies are corrected, and ensure the sustainability of the environmental response revolving fund to allow the department of health to continue its investigation regarding the extent of the fuel leak at Red Hill and to mitigate future unexpected environmental emergencies when they arise.
SECTION 2. Section 243-3.5, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:
"(a) In addition to any other taxes provided by law, subject to the exemptions set forth in section 243-7, there is hereby imposed a state environmental response, energy, and food security tax on each barrel or fractional part of a barrel of petroleum product sold by a distributor to any retail dealer or end user of petroleum product, other than a refiner. The tax shall be $1.05 on each barrel or fractional part of a barrel of petroleum product that is not aviation fuel; provided that of the tax collected pursuant to this subsection:
(1) [5] 15
cents of the tax on each barrel shall be deposited into the environmental
response revolving fund established under section 128D-2;
(2) 15 cents of the tax on each barrel shall be deposited into the energy security special fund established under section 201-12.8;
(3) 10 cents of the
tax on each barrel shall be deposited into the energy systems development
special fund established under section [[]304A-2169.1[]]; and
(4) 15 cents of the tax on each barrel shall be deposited into the agricultural development and food security special fund established under section 141-10.
The tax imposed by this subsection shall be paid by the distributor of the petroleum product."
SECTION 3. (a) The director of health shall convene and serve as chairperson of a task force to:
(1) Establish a reasonable timeframe within which to assess the condition of all field-constructed underground storage tanks in Hawaii that are older than seventy years; and
(2) Take appropriate steps to ensure that the underground storage tanks in paragraph (1) do not present an unacceptable risk, as determined by the department of health, to the environment and freshwater supplies of Hawaii.
(b) The director of health shall invite relevant stakeholders to serve as members of the task force, including:
(1) Representatives of federal, state, and county regulatory agencies;
(2) Representatives of the county boards of water supply;
(3) Underground storage tank owners and operators; and
(4) Other parties, as determined by the director of health.
(c) No member of the task force shall be made subject to chapter 84, Hawaii Revised Statutes, solely because of that member's participation as a member of the task force.
(d) The director of health shall prepare and submit a report of the task force's findings and recommendations, including its plans, timeline to proceed, progress made to date, and any proposed legislation, to the legislature by November 30, 2015.
(e) The task force shall cease to exist on June 30, 2016.
SECTION 4. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 5. This Act shall take effect on July 1, 2015.
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INTRODUCED BY: |
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Report Title:
Environmental Response Revolving Fund; Task Force
Description:
Raises the amount of the tax deposited into the Environmental Response Revolving Fund from five cents per barrel to fifteen cents per barrel to support environmental activities and programs. Establishes a task force regarding field-constructed underground storage tanks in Hawaii.
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
