Haw. Code R. § 15-10-2 - Definitions

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).

Notes

Haw. Code R. § 15-10-2

[Eff FEB 17 1987] (Auth: HRS §§ 125C-1, 125C-4) (Imp: HRS § 125C-3)