Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Department of Business, Economic Development and Tourism › Chapter 10 - PROCUREMENT, CONTROL, DISTRIBUTION AND SALE OF PETROLEUM PRODUCTS DURING FUEL SHORTAGE › Subchapter 1 - GENERAL PROVISIONS › Section 15-10-2 - Definitions

Current through June, 2024
As used in this chapter, unless a different meaning
					 clearly appears in the context:
"Agricultural production" includes the following:
(1) Production of cash grains and field crops, including
					 cotton and tobacco; vegetables, melons, fruits, and nuts, including food grown
					 under cover; horticultural specialties including the growing of flowers,
					 nursery products and seeds; cattle, hogs, sheep, goats, dairy animals and dairy
					 products, poultry and poultry products (including pheasants and quail), and
					 rabbits; bees and honey; aquaculture, including, fish, frogs, shellfish,
					 prawns, algae, and other aquacultural species used for food;
(2) Agricultural services, including soil preparation, the
					 planting, cultivating, protection (spraying, dusting, etc.), and harvesting of
					 crops, tobacco stemming and redrying, cotton ginning, and preparation of crops
					 for market;
(3) Veterinary services for cattle, hogs, sheep, goats,
					 poultry, and other farm animals excluding pets, pet kennels, grooming of horses
					 and other equines, and grooming of pets;
(4) Ornamental shrub and tree services, excluding landscape
					 counseling and planning and lawn and garden services;
(5) Forestry and forestry services including logging camps
					 and logging contractors, sawmills and planing mills;
(6) Commercial fishing, fish hatcheries and preserves,
					 hunting, trapping, and game propagation;
(7) Manufacturing or processing of foods and beverages for
					 human and animal consumption, including soft drinks, beer, wine, ice, and
					 vegetable and animal fats and oils, but excluding dog, cat, and other pet
					 foods, chewing gum, and distilled, rectified, and blended liquors;
(8) Mining, milling, and manufacture of fertilizers,
					 pesticides, and agricultural chemicals;
(9) Farm to market hauling and log trucking; and
(10) Water supply systems for farm irrigation.
"Allocation, daily" means a retail fuel dealer's monthly
					 fuel allocation divided by the number of days in the month on which motor fuel
					 sales will be made.
"Assignment" means an action taken by the shortage
					 management center designating prime suppliers of petroleum products to supply
					 state set-aside fuel to an authorized bulk-purchasing end-user, wholesale
					 purchaser-consumer, or wholesale purchaser-reseller, to alleviate hardship or
					 emergency conditions.
"Base period" means the twelve-month period immediately
					 preceding the governor's official declaration of a fuel shortage; it is
					 intended to provide a supply benchmark for determining an applicant's needs or
					 eligibility for set-aside supplies.
"Commercial use" means consumption of fuel by those
					 purchasers engaged primarily in the sale of goods or services and for uses
					 other than those involving industrial activities and electrical
					 generation.
"Consumer" means any individual, trustee, agency
					 partnership, association, corporation, company, municipality, political
					 subdivision, or other legal entity which purchases petroleum products for
					 ultimate consumption in Hawaii.
"Department" means the department of planning and economic
					 development.
"Emergency services" means law enforcement, fire fighting,
					 emergency medical services, and other groups which specifically provide
					 essential emergency services.
"End-user" means any person, firm, or other entity which
					 is an ultimate consumer of a petroleum product.
"Energy production" means the exploration, drilling,
					 mining, refining (except for petroleum products), processing, production, and
					 distribution of coal, natural gas, geothermal energy, petroleum or petroleum
					 products, shale oil, nuclear fuels, and electrical energy. The definition also
					 includes construction of facilities and equipment and similar capital goods.
					 Excluded from this definition are synthetic natural gas manufacturing, and
					 electrical generation whose power source is petroleum based.
"Firm" means any association, company, corporation,
					 estate, individual, joint venture, partnership, sole proprietorship, or any
					 entity however organized, including charitable and educational institutions and
					 federal, state, and county governments.
"Flag system" means a queue management measure for use
					 during a fuel shortage, whereby colored flags are displayed to indicate whether
					 a retailer has fuel available to the general public, available only to vehicles
					 providing emergency service, or has no fuel available.
"Health care facilities" means those facilities, providing
					 medical, dental, or nursing services, including but not limited to clinics,
					 hospitals, nursing homes and the like.
"Industrial use"' means consumption of fuel by firms
					 primarily engaged in a process which creates or changes raw or unfinished
					 materials into another form or product.
"Jitneys" means any relatively fixed-route, shared-ride,
					 transportation service offering both fixed and enroute loading unloading of
					 passengers.
"Liter" is the metric unit of liquid volume, now
					 frequently used to measure fuel. One liter is slightly over a quart; one liter
					 equals 1.057 quarts or 0.2642 gallon.
"Maximum purchase for separate containers" means a queue
					 management measure for use during a fuel shortage, in which a maximum of two
					 gallons of fuel may be sold and delivered into a separate container other than
					 a vehicle's fuel tank, for use in lawn mowers and other small gasoline-driven
					 appliances.
"Minimum purchase requirement" means a queue management
					 measure for use during a fuel shortage, whereby a specified minimum dollar
					 amount and volume of fuel must be purchased for a given vehicle during a single
					 transaction. The primary purpose is to prevent customers from purchasing small
					 quantities of fuel simply to keep the tank filled.
"Motor fuel retailer" as used in these rules includes
					 every person, firm, partnership, association, trustee, or corporation owning,
					 leasing, renting, managing, or operating a motor fuel service station or other
					 facility offering for sale or otherwise dispensing motor fuel to the general
					 public
"Odd-even sales restriction" means a queue management
					 measure for use during a fuel shortage, which specifies that if the license
					 plate number of a customers vehicle is odd, the customer may purchase fuel only
					 on odd-numbered days of the month, and if the registration number of a
					 customer's vehicle is even, only on even-numbered days.
"Passenger transportation services" means air, water, rail
					 and surface facilities and services, for carrying passengers, whether publicly
					 or privately owned, including but not limited to:
(1) Tour and charter buses and taxis which serve the
					 general public;
(2) Bus transportation of pupils to and from schools and
					 school-sponsored activities;
(3) Vanpool; and
(4) Jitneys.
"Petroleum products" means motor gasoline, diesel fuel,
					 gasohol, kerosene, propane, number 2 heating oil, number 4, number 5, and
					 number 6 residual oil for utility and nonutility uses, and Bunker C
					 fuel.
"Posted hours of operation" means a queue management
					 measure for use in fuel shortage emergencies, requiring fuel retailers to post
					 clearly legible signs indicating the days and hours during which motor fuels
					 will be dispensed to the general public. Certain uniform hours applying to all
					 retail fuel sellers may also be required.
"Prime supplier" means that supplier which makes the first
					 sale of any petroleum product into the state distribution system for
					 consumption within the State. For purposes of the state set-aside, Hawaii
					 refiners are not considered prime suppliers when transferring, exchanging, or
					 selling refined products to major Hawaii marketers (Shell, Chevron, Union,
					 Texaco, Aloha, PRI/HIRI).
"Prohibited hours of sale"' means a queue management
					 measure for use during fuel shortage emergencies whereby sales of motor fuel
					 are prohibited during morning and afternoon peak traffic hours to prevent
					 queues from interfering with the flow of traffic.
"Residential use" means direct consumption of fuel in a
					 residence, apartment building, or condominium, or in a church or other place of
					 public worship, for space heating, cooking, water heating, and similar
					 uses.
"Sanitation services" means the collection or disposal or
					 both of solid wastes for the general public, whether by public or private
					 entities, and the maintenance, operation and repair of liquid purification and
					 waste facilities during emergency conditions. The term also includes the
					 provision of water supply services by public utilities, whether privately or
					 publicly owned and operated.
"Set-aside" means the amount of a prime supplier's
					 petroleum product subject to the provisions of the State set-aside rules and
					 which is made available from that supplier for use by the shortage management
					 center in emergencies and to ease hardships due to fuel shortages or
					 dislocations in distribution.
"Shortage" (of fuel) means a condition which exists
					 whenever the governor determines that there is an increase in the demand for
					 any petroleum product which is five per cent or greater during a current or
					 forthcoming month than the average demand for that product during that month in
					 the immediately preceding two years, and the increased demand has not been met
					 by a corresponding increase in supply of the product in question; or there is a
					 decrease in the available supply of any petroleum product which is five per
					 cent or greater during a current or forthcoming month less than the average
					 supply available during that same month in the immediately preceding two years,
					 and the decrease has not been met by a corresponding decrease in demand for the
					 product in question; and such increase in demand or decrease in supply may
					 cause a major adverse impact on the economy, public order, or health, welfare,
					 and safety of the people of Hawaii, and may not be responsibly managed within
					 the free market distribution system.
"Shortage areas" means a given area or community suffering
					 hardship because of an imbalance in the supply or distribution or both, of
					 petroleum products for whatever reason, such that lines at service stations are
					 longer, hours of dispensing fuel are shorter, and fuel is generally in shorter
					 supply than in other comparable areas. If prime suppliers cannot readily
					 correct the imbalance, then county officials or designated area representatives
					 may apply to the State for hardship set-aside to correct the imbalance,
					 providing documentation of the existence of such an area shortage. For purposes
					 of this definition, an area or community may be a town, city, or unincorporated
					 area; an island; a military base exchange; or any well-defined or recognized
					 area characterized by geographic features (e.g., a valley) or by traditional
					 acceptance as a community.
"Shortage management center" or "SMC" means the office
					 within the state department of planning and economic development designated to
					 manage the state set-aside and other fuel emergency programs.
"Supplier" means any firm or any part or subsidiary of any
					 firm, other than the Federal Department of Defense, which presently supplies,
					 sells, transfers, or otherwise furnishes as by consignment, any petroleum
					 product subject to the State set-aside to wholesale purchasers or end-users,
					 including refiners, natural gas processing plants or fractionating plants,
					 importers, resellers, jobbers, and retailers.
"Telecommunication services" means the operation,
					 maintenance and repair of voice, telegraph, video, and similar communication
					 services to the public by a communications common carrier.
"Vanpooling" means eight or more persons commuting on a
					 daily basis to and from work by means of a vehicle having a seating capacity of
					 eight to fifteen adult passengers.
"Wholesale purchaser" means a wholesale purchaser-reseller
					 or wholesale purchaser-consumer or combination of both.
"Wholesale purchaser-consumer" means any person, firm, or
					 other entity which is an ultimate consumer of fuel and which, as part of its
					 normal business practice, purchases or obtains a petroleum product subject to
					 the state set-aside from a supplier and receives delivery of that product into
					 a storage tank substantially under the control of that firm at a fixed
					 location.
"Wholesale purchaser-reseller" means any person, firm, or
					 other entity which purchases, receives through transfers, or otherwise obtains,
					 as by consignment, a product subject to the State set-aside and resells or
					 otherwise transfers it to other purchasers without substantially changing its
					 form (for example, a service station).