SB 586: RELATING TO CLIMATE CHANGE.

A BILL FOR AN ACT

RELATING TO CLIMATE CHANGE.

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

     SECTION 1.  The legislature finds that unabated greenhouse gas emissions, and resulting climate change and sea level rise, present an urgent and existential threat to citizens of the State.  The State has committed to mitigating the impacts of climate change.  Chapter 225P, Hawaii Revised Statutes, established a statewide target to become net carbon negative as quickly as practicable but no later than 2045.  In addition, the mayors from each county have pledged to reduce the State's dependence on fossil fuels by eliminating fossil fuels from ground transportation by 2045.  These efforts, however, must be accelerated.

     The purpose of this Act is to advance the State's climate change mitigation commitment by requiring:

     (1)  The counties to upgrade to zero emission buses by 2045; and

     (2)  State agencies to prioritize zero emission buses in the procurement policy for purchasing or leasing motor vehicles.

     SECTION 2.  Section 51-1, Hawaii Revised Statutes, is amended to read as follows:

     "§51-1  Grant of powers.  Every county of this State may acquire, condemn, purchase, lease, construct, extend, own, maintain, and operate mass transit systems, including[, without being] but not limited to[,] motor buses, street railroads, fixed rail facilities such as monorails or subways, whether surface, subsurface, or elevated, taxis, and other forms of transportation for hire for passengers and their personal baggage.

     Every county shall have power to provide mass transportation service, whether directly, jointly, or under contract with private parties, without the county or private parties being subject to the jurisdiction and control of the public utilities commission in any manner.

     [The terms "mass transit" and "mass transportation" mean transportation by bus, or rail or other conveyance, either publicly or privately owned, which provides to the public general or special service (but not including school buses or charter or sightseeing service) on a regular and continuing basis.]

     Beginning January 1, 2045, any county operating mass transit services pursuant to this chapter shall not use or employ any motor bus unless the motor bus is a zero emissions bus.

     For the purposes of this section:

     "Mass transit" or "mass transportation" means transportation by bus, or rail or other conveyance, either publicly or privately owned, that provides to the public general or special service (but not including school buses or charter or sightseeing service) on a regular and continuing basis.

     "Pollutant" means hydrocarbons, carbon monoxide, carbon dioxide, nitrogen oxides, and lead.

     "Zero emission bus" means a motor bus that produces zero exhaust emissions of any pollutant and includes battery-electric powered buses and hydrogen fuel cell-electric powered buses, but does not include any vehicle, locomotive, or car operated exclusively on a rail or rails.

     This section shall not be applied so as to impair any contract existing as of the date of enactment of this section, or operative portion thereof, in a manner violative of either the Hawaii State Constitution or Article I, section 10, of the United States Constitution."

     SECTION 3.  Section 103D-412, Hawaii Revised Statutes, is amended as follows:

     1.  By amending subsection (a) to read:

     "(a)  The procurement policy for all agencies purchasing or leasing buses, or light-, medium-, and heavy-duty motor vehicles shall be to seek vehicles that reduce dependence on petroleum-based fuels that meet the needs of the agency.  Priority for selecting vehicles shall be as follows:

     (1)  Zero-emission vehicles;

     (2)  Plug-in hybrid electric vehicles;

     (3)  Alternative fuel vehicles; and

     (4)  Hybrid electric vehicles."

     2.  By amending subsection (c) to read:

     "(c)  For the purposes of this section:

     "Agency" means a state agency, office, or department.

     "Alternative fuel" shall have the same meaning as contained in title 10 Code of Federal Regulations part 490; provided that "alternative fuel" includes liquid or gaseous fuels produced from renewable feedstocks, such as organic wastes, or from water using electricity from renewable energy sources.

     "Alternative fuel vehicle" shall have the same meaning as contained in title 10 Code of Federal Regulations part 490.

     "Bus" shall have the same meaning as contained in title 40 Code of Federal Regulations section 1037.801.

     "Covered fleet" shall have the same meaning as contained in title 10 Code of Federal Regulations part 490 subpart C.

     "Excluded vehicles" shall have the same meaning as contained in title 10 Code of Federal Regulations section 490.3.

     "Fuel cell electric vehicle" shall have the same meaning as contained in title 10 Code of Federal Regulations section 490.501.

     "Hybrid electric vehicle" shall have the same meaning as contained in title 40 Code of Federal Regulations section 86.1803-01.

     "Light-duty motor vehicle" shall have the same meaning as contained in title 10 Code of Federal Regulations part 490.

     "Plug-in hybrid electric vehicle" shall have the same meaning as contained in title 40 Code of Federal Regulations part 86.1803‑01.

     "Zero-emission vehicle" shall have the same meaning as contained in title 40 Code of Federal Regulations section 88.102-94."

     SECTION 4.  Section 302A-407, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

     "(a)  Any school bus contract between the State and the contractor shall include a provision requiring the contractor to equip the contractor's vehicles with the signs and visual signals described in section 291C-95(d) and (g).  The contract shall also include other provisions as may be deemed necessary by the State for the safety of school bus passengers and shall include provisions requiring compliance with the rules and standards described in section 286-181.  Beginning July 1, 2025, the State shall not enter into any school bus contract for a term that extends past January 1, 2045, unless the bus that is the subject of the contract is a zero emission bus.  Beginning January 1, 2045, the State shall not enter into any school bus contract unless the bus that is the subject of the contract is a zero emission bus.

     For the purposes of this subsection:

     "Pollutant" means hydrocarbons, carbon monoxide, carbon dioxide, nitrogen oxides, and lead.

     "Zero emission bus" means a motor bus that produces zero exhaust emissions of any pollutant and includes battery- electric powered buses and hydrogen fuel cell-electric powered buses, but does not include any vehicle, locomotive, or car operated exclusively on a rail or rails."

     SECTION 5.  The public utilities commission shall amend the commission's administrative rules to encourage motor carriers to upgrade to zero emission buses by 2045.

     SECTION 6.  This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

     SECTION 7.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 8.  This Act shall take effect on July 1, 2050.

Report Title:

Climate Change; Mass Transit; Counties; Zero Emissions

Description:

Requires the counties to upgrade to zero emission buses by 2045.  Requires the state agencies to prioritize zero emission buses in the procurement policy for purchasing or leasing motor vehicles. Effective 7/1/2050.  (SD1)

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

A BILL FOR AN ACT

RELATING TO CLIMATE CHANGE.

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

     SECTION 1.  The legislature finds that unabated greenhouse gas emissions, and resulting climate change and sea level rise, present an urgent and existential threat to citizens of the State.  The State has committed to mitigating the impacts of climate change.  Chapter 225P, Hawaii Revised Statutes, established a statewide target to become net carbon negative as quickly as practicable but no later than 2045.  In addition, the mayors from each county have pledged to reduce the State's dependence on fossil fuels by eliminating fossil fuels from ground transportation by 2045.  These efforts, however, must be accelerated.

     The purpose of this Act is to advance the State's climate change mitigation commitment by requiring the State and counties to upgrade to zero emission buses by 2045.

     SECTION 2.  Section 51-1, Hawaii Revised Statutes, is amended to read as follows:

     "§51-1  Grant of powers.  Every county of this State may acquire, condemn, purchase, lease, construct, extend, own, maintain, and operate mass transit systems, including[, without being] but not limited to[,] motor buses, street railroads, fixed rail facilities such as monorails or subways, whether surface, subsurface, or elevated, taxis, and other forms of transportation for hire for passengers and their personal baggage.

     Every county shall have power to provide mass transportation service, whether directly, jointly, or under contract with private parties, without the county or private parties being subject to the jurisdiction and control of the public utilities commission in any manner.

     [The terms "mass transit" and "mass transportation" mean transportation by bus, or rail or other conveyance, either publicly or privately owned, which provides to the public general or special service (but not including school buses or charter or sightseeing service) on a regular and continuing basis.]

     Beginning January 1, 2045, any county operating mass transit services pursuant to this chapter shall not use or employ any motor bus unless the motor bus is a zero emissions bus.

     For the purposes of this section:

     "Mass transit" or "mass transportation" mean transportation by bus, or rail or other conveyance, either publicly or privately owned, which provides to the public general or special service (but not including school buses or charter or sightseeing service) on a regular and continuing basis.

     "Pollutant" means hydrocarbons, carbon monoxide, carbon dioxide, nitrogen oxides, and lead.

     "Zero emission bus" means a motor bus that produces zero exhaust emissions of any pollutant and includes battery-electric powered buses and hydrogen fuel cell-electric powered buses, but does not include any vehicle, locomotive, or car operated exclusively on a rail or rails.

     This section shall not be applied so as to impair any contract existing as of the date of enactment of this section, or operative portion thereof, in a manner violative of either the Hawaii State Constitution or Article I, section 10, of the United States Constitution."

     SECTION 3.  Section 103D-211, Hawaii Revised Statutes, is amended to read as follows:

     "§103D-211  Procurement rules.  (a)  The procurement policy board shall adopt all rules necessary to carry out the purposes of this chapter and to implement its provisions in accordance with chapter 91.  The policy board shall not delegate its power to adopt rules.

     (b)  Regarding the procurement of motor vehicles capable of transporting more than fifteen passengers, the procurement policy board shall promptly adopt all rules necessary to transition to one hundred per cent zero emission buses as quickly as possible, but no later than January 1, 2045.

     As used in this subsection:

     "Pollutant" means hydrocarbons, carbon monoxide, carbon dioxide, nitrogen oxides, and lead.

     "Zero emission bus" means a motor vehicle capable of transporting more than fifteen passengers that produces zero exhaust emissions of any pollutant and includes battery- electric powered buses and hydrogen fuel cell-electric powered buses, but does not include any vehicle, locomotive, or car operated exclusively on a rail or rails.

     [(b)] (c)  No rule shall change any commitment, right, or obligation of the State or of a contractor under a contract in existence on the effective date of such rule."

     SECTION 4.  Section 302A-407, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

     "(a)  Any school bus contract between the State and the contractor shall include a provision requiring the contractor to equip the contractor's vehicles with the signs and visual signals described in section 291C-95(d) and (g).  The contract shall also include other provisions as may be deemed necessary by the State for the safety of school bus passengers and shall include provisions requiring compliance with the rules and standards described in section 286-181.  Beginning July 1, 2025, the State shall not enter into any school bus contract for a term that extends past January 1, 2045, unless the bus that is the subject of the contract is a zero emission bus.  Beginning January 1, 2045, the State shall not enter into any school bus contract unless the bus that is the subject of the contract is a zero emission bus.

     For the purposes of this subsection:

     "Pollutant" means hydrocarbons, carbon monoxide, carbon dioxide, nitrogen oxides, and lead.

     "Zero emission bus" means a motor bus that produces zero exhaust emissions of any pollutant and includes battery- electric powered buses and hydrogen fuel cell-electric powered buses, but does not include any vehicle, locomotive, or car operated exclusively on a rail or rails."

     SECTION 5.  The public utilities commission shall amend the commission's administrative rules to encourage motor carriers to upgrade to zero emission buses by 2045.

     SECTION 6.  This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

     SECTION 7.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 8.  This Act shall take effect upon its approval.

Report Title:

Climate Change; Mass Transit; Counties; Zero Emissions

Description:

Requires the state and counties to upgrade to zero emission buses by 2045.

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

STAND. COM. REP. NO. 237

Honolulu, Hawaii

RE:    S.B. No. 586

       S.D. 1

Honorable Ronald D. Kouchi

President of the Senate

Thirty-Third State Legislature

Regular Session of 2025

State of Hawaii

Sir:

     Your Committees on Transportation and Culture and the Arts and Agriculture and Environment, to which was referred S.B. No. 586 entitled:

"A BILL FOR AN ACT RELATING TO CLIMATE CHANGE,"

beg leave to report as follows:

     The purpose and intent of this measure is to require the State and counties to upgrade to zero emission buses by 2045.

     Your Committee received testimony in support of this measure from the Hawaiʻi Climate Change Mitigation and Adaptation Commission, Hawaii State Energy Office, Office of the Mayor of the County of Hawaii, 350Hawaii.org, Coalition Earth, and one individual.

     Your Committee received testimony in opposition to this measure from one individual.

     Your Committee received comments on this measure from the Office of Planning and Sustainable Development, Public Utilities Commission, and State Procurement Office.

     Your Committee finds that unabated greenhouse gas emissions, and resulting climate change and sea level rise, present an urgent and existential threat to citizens of the State.  As the State has shown a dedication to mitigating the impacts of climate change through laws, statutes, regulations, and incentives, the statewide goal of net carbon neutrality is still a distant reality.  Therefore, by implementing zero emission buses into the extensive transportation system of the State, this measure will drastically decrease the State's dependence on fossil fuels.

     Accordingly, your Committee has amended this measure by:

     (1)  Deleting language that would have:

          (A)  Required the Procurement Policy Board to adopt rules necessary to transition buses to be one hundred percent zero emission; and

          (B)  Defined "pollutant" and "zero emission bus";

     (2)  Requiring the state agencies who purchase or lease buses to seek vehicles that reduce dependence on petroleum;

     (3)  Defining the term "bus" for motor vehicle procurement requirements;

     (4)  Inserting an effective date of July 1, 2050, to encourage further discussion;

     (5)  Amending section 1 to reflect its amended purpose; and

     (6)  Making a technical, nonsubstantive amendment for the purposes of clarity and consistency.

     As affirmed by the records of votes of the members of your Committees on Transportation and Culture and the Arts and Agriculture and Environment that are attached to this report, your Committees are in accord with the intent and purpose of S.B. No. 586, as amended herein, and recommend that it pass Second Reading in the form attached hereto as S.B. No. 586, S.D. 1, and be referred to your Committees on Commerce and Consumer Protection and Ways and Means.

Respectfully submitted on behalf of the members of the Committees on Transportation and Culture and the Arts and Agriculture and Environment,