HB355

HOUSE OF REPRESENTATIVES	H.B. NO.	355
THIRTY-THIRD LEGISLATURE, 2025
STATE OF HAWAII

A BILL FOR AN ACT

relating to an income tax credit.

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

SECTION 1. The legislature finds that climate change has warmed ocean waters, which has shifted the spawning area for hurricanes near Mexico farther north. This has caused hurricanes, which historically have passed several hundred miles south of the State, to follow paths aimed directly at the State.

The legislature further finds that the warmer ocean waters have also strengthened the intensity of hurricanes; as a result, hurricanes classified as Category 3, 4, and 5 have become stronger and more frequent. This strengthening has led climate change assessment models to modify predictions of Category 5 hurricanes with two hundred miles per hour sustained winds from occurring every eight years to every year by 2080. These storms are also expected to mostly occur in the northern Pacific, in which Hawaii is located.

The legislature also finds that the natural features surrounding the State, including cooler surrounding waters, lower-level trade winds, and stronger upper-level winds in the opposite direction, have protected the State by tearing apart approaching hurricanes. However, the warming waters and the loss of two days of trade winds each year for the past fifty years have eroded the number of days the State enjoys those protective features to only half of the days of the year.

The legislature finds that the increased risk to hurricane damage poses a significant danger to the State. Many of the State's refuge areas do not meet the standard to be deemed hurricane shelters, with few areas able to withstand a Category 2 hurricane. Additionally, the refuge areas are only capable of sheltering one hundred thousand persons, but the estimated demand will be two hundred thousand persons. As a result, many residents will need to rely on their own residence; however, many wooden homes are not constructed to withstand a Category 1 hurricane.

Therefore, the legislature believes there is a deep moral obligation to the people of Hawaii and future generations for the State to encourage homeowners to prepare their homes to withstand hurricanes with sustained winds in excess of two hundred miles per hour.

Accordingly, the purpose of this Act is to establish a nonrefundable income tax credit to financially assist qualified homeowners with the installation of approved wind resistive devices for hurricane preparedness of their homes.

SECTION 2. Chapter 235, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"§235- Wind resistance retrofit tax credit. (a) There shall be allowed to each taxpayer who is not eligible to be claimed as a dependent for federal or state income taxes by another and who files an individual income tax return for a taxable year, a one-time nonrefundable wind resistance retrofit tax credit that shall be deductible from the taxpayer's net income tax liability imposed by this chapter.

(b) The amount of the nonrefundable tax credit shall be $40,000 or the actual costs incurred by the taxpayer for the wind resistance retrofit project, whichever is less, including the costs of construction to make the taxpayer's primary residence meet specified wind resistance standards determined pursuant to subsection (c); provided that no payment on account of the tax credit allowed by this section shall be made for amounts less than $1.

(c) The standards for eligibility for the tax credit shall be determined by the insurance commissioner or the insurance commissioner's designee by rule. The taxpayer shall apply to the insurance division of the department of commerce and consumer affairs to pre-certify eligible wind resistance retrofit credit costs before wind resistance retrofit work begins. The insurance division shall cap the number of credits certified to two thousand in the first year of eligibility and four thousand in the second year of eligibility.

(d) All claims for the tax credit under this section, including any amended claims, shall be filed on or before the end of the twelfth month following the close of the taxable year for which the credit may be claimed. Failure to properly claim the credit shall constitute a waiver of the right to claim the credit.

(e) If the tax credit under this section exceeds the taxpayer's net income tax liability, the excess of the tax credit may be used as a credit against the taxpayer's income tax liability in subsequent years until exhausted.

(f) No taxpayer who claims the tax credit under this section shall claim any other credit for the same expenses or costs.

(g) The director of taxation:

(1) Shall prepare any forms that may be necessary to claim a tax credit under this section;

(2) May require proof of the claim for the tax credit; and

(3) May adopt rules pursuant to chapter 91 to effectuate the purposes of this section."

SECTION 3. New statutory material is underscored.

SECTION 4. This Act, upon its approval, shall apply to taxable years beginning after December 31, 2024.

INTRODUCED BY:	_____________________________

Report Title:

Income Tax Credit; Wind Resistance Retrofit; Hurricane Preparedness; Insurance; DCCA; DOTAX

Description:

Establishes a nonrefundable individual income tax credit for expenses paid to retrofit a residence with wind resistive devices.

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.

HB 355: RELATING TO AN INCOME TAX CREDIT.

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