Report Title:

Energy-Conserving Motor Vehicles; New Sales

 

Description:

After 12/31/2009, prohibits: (1) sale or lease of motor vehicles that do not use flexible fuel or alternative energy fuel; and (2) purchase or replacement of rental motor vehicles that do not use flexible fuel or alternative energy fuel.  Imposes penalties.  Requires department of business, economic development, and tourism to monitor sales and leases of cars.

 


HOUSE OF REPRESENTATIVES

H.B. NO.

1110

TWENTY-FOURTH LEGISLATURE, 2007

 

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT


 

 

relating to motor vehicles.

 

 

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

 


     SECTION 1.  The legislature finds that residents in Hawaii must be encouraged to conserve nonrenewable energy resources and use more renewable energy resources.  Among the many arenas within which to achieve this purpose is the use of motor vehicle fuel by Hawaii's drivers.

     The purpose of this Act is to require that only energy-conserving motor vehicles may be sold or leased in Hawaii after December 31, 2009.  In addition, motor vehicles for rental fleets should also be subject to the same restriction so that rental motor vehicles purchased or replaced after December 31, 2009, must also be energy-conserving.

     SECTION 2.  The Hawaii Revised Statutes is amended by adding a new chapter to be appropriately designated and to read as follows:

"Chapter

FLEXIBLE FUEL AND ALTERNATIVE

ENERGY LIGHT-DUTY MOTOR VEHICLES

     §   -1  Definitions.  For the purposes of this chapter, unless the context clearly requires otherwise:

     "Alternative energy light-duty motor vehicle" means a motor vehicle that is:

     (1)  Capable of using an alternative fuel as defined in section 243-1;

     (2)  Powered primarily through the use of an electric battery or battery pack that stores energy produced by an electric motor through regenerative braking to assist in vehicle operation;

     (3)  Propelled by power derived from one or more cells converting chemical energy directly into electricity by combining oxygen with hydrogen fuel that is stored on board the vehicle in any form; or

     (4)  Propelled by energy from onboard sources of stored energy generated from an internal combustion or heat engine using combustible fuel and a rechargeable energy storage system.

     "Ethanol 85" means a petroleum-derived fuel and alcohol liquid fuel mixture consisting of at least eighty-five per cent ethanol by volume.

     "Flexible fuel light-duty motor vehicle" means a light-duty motor vehicle that is capable of operation using gasoline and ethanol 85.

     "Light-duty motor vehicle" means a motor vehicle, as defined in section 249-1, designed for carrying twelve or fewer passengers.

     §   -2  Sale or lease of flexible fuel or alternative energy light-duty motor vehicles.  (a)  Except as provided in subsection (b), after December 31, 2009, no person shall sell, lease, or attempt to sell or lease, a light-duty motor vehicle to another person within this State unless the light-duty motor vehicle is a flexible fuel light-duty motor vehicle or an alternative energy light-duty motor vehicle.

     (b)  This section shall not prohibit the sale, lease, or attempted sale or lease of a light-duty motor vehicle that is not a flexible fuel or alternative energy light-duty motor vehicle that was physically present within the State on or before December 31, 2009.

     §   -3  Penalty.  Any person who violates section    -2 shall be fined not less than $1,000 for each violation.  In addition, any of the following shall be subject to forfeiture under Chapter 712A:

     (1)  Proceeds from a sale or lease of a light-duty motor vehicle; and

     (2)  Light-duty motor vehicle sold, leased, or attempted to be sold or leased

in violation of this chapter.

     §   -4  Monitoring and enforcement; rules.  (a)  The department of business, economic development, and tourism shall monitor and enforce compliance with this chapter.  The department shall report any alleged or suspected violation that cannot be resolved by voluntary action of the alleged violator to the department of the attorney general for prosecution.

     (b)  The director of business, economic development, and tourism shall adopt rules in accordance with chapter 91 to carry out the effect of this chapter."

     SECTION 3.  Chapter 437D, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

     "§437D‑     Addition or replacement of rental motor vehicle; flexible fuel or alternative energy vehicles.  (a)  For the purposes of this section, unless the context clearly requires otherwise:

     "Alternative energy motor vehicle" means a motor vehicle that is:

     (1)  Capable of using an alternative fuel as defined in section 243-1;

     (2)  Powered primarily through the use of an electric battery or battery pack that stores energy produced by an electric motor through regenerative braking to assist in vehicle operation;

     (3)  Propelled by power derived from one or more cells converting chemical energy directly into electricity by combining oxygen with hydrogen fuel that is stored on board the vehicle in any form; or

     (4)  Propelled by energy from onboard sources of stored energy generated from an internal combustion or heat engine using combustible fuel and a rechargeable energy storage system.

     "Ethanol 85" means a petroleum-derived fuel and alcohol liquid fuel mixture consisting of at least eighty-five per cent ethanol by volume.

     "Flexible fuel motor vehicle" means a motor vehicle that is capable of operation using gasoline and ethanol 85.

(b)   After December 31, 2009, it shall be a violation of this section for a lessor to add or replace a motor vehicle to the lessor's rental motor vehicle fleet unless the added or replacement motor vehicle is a flexible fuel motor vehicle or alternative energy motor vehicle; provided that this section shall not prohibit a lessor from continuing to use in the lessor's rental motor vehicle fleet any motor vehicle that is not a flexible fuel motor vehicle or an alternative energy motor vehicle if that motor vehicle was part of the lessor's fleet and physically within the State on or before December 31, 2009.

(c)  Any person who violates this section shall be fined not less than $1,000 for each violation.  Any motor vehicle that is added to a rental fleet as an additional or replacement motor vehicle in violation of this section shall be subject to forfeiture under chapter 712A."

     SECTION 4.  Section 437D-19, Hawaii Revised Statutes, is amended to read as follows:

     "§437D-19  Civil penalties.  Any person who violates or attempts to violate any provision of this chapter, other than section 437D‑   , shall be deemed to have engaged in an unfair and deceptive act or practice in the conduct of trade or commerce within the meaning of section 480-2."

     SECTION 5.  New statutory material is underscored.

     SECTION 6.  This Act shall take effect upon its approval.

 

INTRODUCED BY:

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