HB198

SECTION 1. The legislature finds that the life-cycle costs of electric vehicles are lower than internal combustion engine vehicles, taking into account maintenance and fueling. However, because of the higher up-front cost of an electric vehicle compared to an internal combustion engine vehicle, low- and moderate-income households have had lower rates of adoption of electric vehicles than affluent households in recent years. In addition to the cost savings associated with electric vehicle ownership over the life of the vehicle, other benefits of expanding electric vehicle ownership include reduced exposure to harmful air pollution from combustion engines and advancing the State's decarbonization, clean transportation, and affordability goals.

Although recently enacted federal legislation provides a tax credit for the purchase of electric vehicles, restrictions on the tax credit make it applicable to only a limited number of models. Furthermore, the federal tax credit is nonrefundable, so low- to moderate-income families with low tax liability may not be able to claim the full amount.

The purpose of this Act is to reduce the cost of living and cost of transportation for low- to moderate-income households, who stand to benefit the most from electric vehicle ownership, by offering a rebate on the point-of-sale purchase or lease price of the vehicle.

SECTION 2. 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- Low- to moderate-income electric vehicle rebate program; third-party administrator; special fund. (a) The department of transportation shall administer a rebate program that incentivizes the purchase or lease of qualifying electric vehicles by low- to moderate-income households, as provided in this section, and may contract with a third-party administrator pursuant to subsection (g) to operate and manage the rebate program.

(b) Each eligible purchaser or lessee of a qualifying electric vehicle shall receive a rebate of either per cent of the purchase or lease cost or $ , whichever amount is lower; provided that:

(1) No individual shall receive more than $ in total rebates each fiscal year;

(2) A nonprofit organization shall not receive more than five rebates per calendar year;

(3) The department of transportation shall not issue more than $ in total rebates under this section each fiscal year;

(4) The electric vehicle subaccount within the highway development special fund pursuant to section 264-122(e) contains sufficient funds to pay the rebates; and

(5) The department of transportation shall not be liable to pay any refund if sufficient funds are unavailable; provided that the department 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.

(1) Be:

(A) A Hawaii resident who is a member of a low- to moderate-income household; or

(B) A nonprofit registered as a 501(c)(3) organization based in Hawaii, or with a current Hawaii-based affiliate, that provides health, dental, social, financial, energy conservation, or other assistive services to low- to moderate-income households in Hawaii;

(2) Provide proof of an intent to use the qualifying electric vehicle primarily on the public highways of the State, which may be satisfied by providing proof of registration of the qualifying electric vehicle in Hawaii; and

(3) Attest to an intent to retain the registration of the qualifying electric vehicle for a minimum of twenty-four consecutive months after the date of purchase or the date the lease begins.

(d) Applicants shall submit an application to the department of transportation within six months of the date of purchase or six months after the date the lease begins to claim a rebate from the low- to moderate-income electric vehicle rebate program. Failure to apply within the specified time frame shall constitute a waiver of the right to claim the rebate.

(e) The department of transportation shall:

(1) Prescribe the rebate application procedure for purchasers and lessees;

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

(3) Require each applicant to furnish reasonable information to ascertain the validity of the claim, including but not limited to:

(A) The signature of the purchaser or lessee and the individual responsible for the sale or lease on behalf of the vehicle dealer at the time of the sale or lease;

(B) A copy of a valid government-issued photo identification of the purchaser or lessee at the time of the sale or lease;

(D) The name and address of the vehicle dealer;

(E) Verification of eligibility; and

(F) Any other documentation deemed necessary by the department of transportation to demonstrate the legitimate purchase or lease of a qualifying electric vehicle by an eligible applicant; and

(4) Work to ensure timely payment of rebates under the low- to moderate-income electric vehicle rebate program, with the goal of paying rebates within sixty days of receiving a completed application from an eligible applicant for a qualifying electric vehicle pursuant to this section, with all required supporting documentation.

(f) The department of transportation may specify design features for the program, including procedures to prioritize available moneys for specific qualifying electric vehicles, household income ranges, or both, and limitations on the number of rebates available for each type of qualifying electric vehicle.

(g) The department of transportation may contract with a third-party administrator to operate and manage the low- to moderate-income electric vehicle 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 low- to moderate-income electric vehicle rebate program. The third-party administrator may offer expanded financing mechanisms for eligible applicants, including a loan or loan-loss reserve credit enhancement program to increase consumer access to qualifying electric vehicles by low- to moderate-income households.

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

(i) For purposes of this section:

"Low- to moderate-income household" means a household having an income that does not exceed one hundred forty per cent of the area median income for a household of the same size, as determined by the United States Department of Housing and Urban Development.

"Qualifying electric vehicle" means an electric vehicle as defined in section 196-2 that:

(1) Is purchased or leased after July 1, 2023; provided that any lease has a minimum term of twenty-four months;

(2) Is purchased or leased from a vehicle dealer;

(3) Has a manufacturer's suggested retail price of no more than $75,000;

(4) Is covered by a manufacturer's express warranty on the vehicle drive train, including the applicable energy storage system or battery pack, for at least twenty-four months from the date of purchase or date the lease begins, as applicable; and

(5) Is certified by the manufacturer to comply with all applicable federal safety standards issued by the National Highway Traffic Safety Administration as of the date of manufacture.

"Vehicle dealer" means a "new vehicle dealer" or "used vehicle dealer" as defined in section 437-1.1, or an appropriate entity as identified by the department of transportation."

SECTION 3. 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.

(e) There is established within the highway development special fund an electric vehicle subaccount. The department shall expend moneys in the subaccount for the purposes of funding the low- to moderate-income electric vehicle rebate program established pursuant to section 196- ."

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 to be deposited into the electric vehicle subaccount established pursuant to section 264-122(e), Hawaii Revised Statutes.

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

SECTION 5. New statutory material is underscored.

SECTION 6. This Act shall take effect on July 1, 2023.

INTRODUCED BY:	_____________________________

HOUSE OF REPRESENTATIVES	H.B. NO.	198
THIRTY-SECOND LEGISLATURE, 2023
STATE OF HAWAII