HRS § 243-3.5 — Environmental response


§243-3.5 Environmental response,
energy, and food security tax; uses. (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 cents of the tax on each barrel shall be
deposited into the environmental response revolving fund established under
section 128D-2;
(2) 4 cents of the tax on each barrel shall be
deposited into the energy security special fund established under section
201-12.8;
(3) 5 cents of the tax on each barrel shall be
deposited into the energy systems development special fund established under
section 304A-2169.1;
(4) 3 cents of the tax on each barrel shall be
deposited into the electric vehicle charging system subaccount established
pursuant to section 269-33(e); and
(5) 3 cents of the tax on each barrel shall be
deposited into the hydrogen fueling system subaccount established pursuant to
section 269-33(f).
The tax imposed by this subsection shall be
paid by the distributor of the petroleum product.
(b) In addition to subsection (a), the tax
shall also be imposed on each one million British thermal units of fossil fuel
sold by a distributor to any retail dealer or end user, other than a refiner,
of fossil fuel. The tax shall be 19 cents on each one million British thermal
units of fossil fuel; provided that of the tax collected pursuant to this
subsection:
(1) 4.8 per cent of the tax on each one million
British thermal units shall be deposited into the environmental response
revolving fund established under section 128D-2;
(2) 14.3 per cent of the tax on each one million
British thermal units shall be deposited into the energy security special fund
established under section 201-12.8; and
(3) 9.5 per cent of the tax on each one million
British thermal units shall be deposited into the energy systems development
special fund established under section 304A-2169.1.
The tax imposed by this subsection shall be
paid by the distributor of the fossil fuel.
(c) The tax imposed under subsection (b) shall
not apply to coal used to fulfill a signed power purchase agreement between an
independent power producer and an electric utility that is in effect as of June
30, 2015. An independent power producer shall be permitted to pass the tax
imposed under subsection (b) on to an electric utility. In which case, the
electric utility may recover the cost of the tax through an appropriate
surcharge to the end user that is approved by the public utilities commission.
(d) A gas utility shall be allowed to recover
the cost of the tax imposed under subsection (b) as part of its fuel cost in
its fuel adjustment charge without further approval by the public utilities
commission.
(e) Each distributor subject to the tax
imposed by subsection (a) or (b), on or before the last day of each calendar
month, shall file, in the form and manner prescribed by the department, a
return statement of the tax under this section for which the distributor is
liable for the preceding month. The form and payment of the tax shall be
transmitted to the department in the form and manner prescribed by the
department.
(f) Notwithstanding section 248-8 to the
contrary, the environmental response, energy, and food security tax collected
under this section shall be paid over to the director of finance for deposit as
provided in subsection (a) or (b), as the case may be.
(g) Every distributor shall keep in the State
and preserve for five years a record in a form as the department of taxation
shall prescribe showing the total number of barrels, and the fractional part of
barrels, of petroleum product or the total number of one million British
thermal units of fossil fuel, as the case may be, sold by the distributor
during any calendar month. The record shall show any other data and figures
relevant to the enforcement and administration of this chapter as the
department may require.
(h) For the purposes of this section:
"Barrel" may be converted to million
British thermal units, using the United States Department of Energy, Energy
Information Administration annual energy review or annual energy outlook.
"Fossil fuel" means a hydrocarbon
deposit, such as coal, natural gas, or liquefied natural gas, derived from the
accumulated remains of ancient plants or animals and used for fuel; provided
that the term specifically does not include petroleum product.