§243-1  Definitions.  Whenever used inthis chapter:

"Alternative fuel" means methanol,denatured ethanol, and other alcohols; mixtures containing eighty-five per centor more by volume of methanol, denatured ethanol, and other alcohols withgasoline or other fuels; natural gas; liquefied petroleum gas; hydrogen;coal-derived liquid fuels; biodiesel; mixtures containing twenty per cent ormore by volume of biodiesel with diesel or other fuels; fuels (other thanalcohol) derived from biological materials; and any other fuel that issubstantially not a petroleum product and that the governor determines wouldyield substantial energy security benefits or substantial environmentalbenefits.

"Aviation fuel" means all liquidsubstances of whatever chemical composition usable for the propulsion ofairplanes.

"Barrel" means forty-two UnitedStates gallons of crude oil or petroleum product.

"Crude oil" means petroleum in anunrefined state or natural state, including condensates and natural gasoline.

"Director" means the director offinance of the State.

"Distributor" means:

(1)  Every person who refines, manufactures, produces,or compounds liquid fuel in the State and sells or uses the same therein;

(2)  Every person who imports or causes to be importedinto the State any liquid fuel and sells it therein, whether in the originalpackages or containers in which it is imported or otherwise than in suchoriginal packages or containers, or who imports any such fuel for the person'sown use in the State;

(3)  Every person who acquires liquid fuel from aperson not a licensed distributor and sells or uses it, whether in the originalpackage or container in which it was imported (if imported) or otherwise thanin such original package or container; and

(4)  Every person who acquires liquid fuel from alicensed distributor as a wholesaler thereof and sells or uses it.

"End user" means any person orgovernment entity who acquires petroleum products for their own use and not forresale.

"Liquid fuel" or "fuel"means all liquids ordinarily, practically, and commercially usable in internalcombustion engines for the generation of power and includes liquefied petroleumgases, all distillates of and condensates from petroleum, natural gas, coal,coal tar, and vegetable ferments, such distillates and condensates beingordinarily designated as a gasoline, naphtha, benzol, benzine, and alcohols sousable but not restricted to such designation.  All aviation fuel that is soldfor use in or used for airplanes is deemed to be "liquid fuel" or"fuel" whether or not coming within the definition contained in theforegoing sentence.

"Month" or "calendar month"means each full month of the calendar year; provided that whenever the books ofany distributor in any county are kept on such a basis that its monthly recordsare made up on a basis other than a calendar month so that each business monthof the distributor ends on some other day than the last day of the calendarmonth, and the distributor presents a sworn application to the department oftaxation setting forth such facts and requesting that it be granted theprivilege of making returns and paying the taxes and performing other dutiesrequired of it under this chapter upon the basis of such business month ratherthan a calendar month, the department shall in writing grant such privilege andthereupon, as to such distributor, the terms "month" or"calendar month" shall be deemed to mean and refer to such businessmonth, and all returns and payments under this chapter shall be made upon thebasis of such business month and all delinquencies and penalties shall attachand be calculated as of the last day of such business month.

"Person", except where the context orsense otherwise requires, means individuals, firms, associations, corporations,trusts, estates, partnerships, or other entities.

"Petroleum product" means any liquidhydrocarbon at standard temperature and pressure that is the product of thefractionalization, distillation, or other refining or processing of crude oil.

"Power-generating facility" [Definitionrepealed on December 31, 2012.  L 2009, c 198, §3.] means anyelectricity-generating facility that requires a permit issued under the FederalClean Air Act (42 U.S.C. 7401-7671q), the Hawaii air pollution control law (chapter342B), or both.

"Retail dealer" means a person whopurchases liquid fuel from a licensed distributor and sells the liquid fuel atretail.  Only sales of liquid fuel for consumption or used by the purchaser,and not for resale, are sales at retail.

"Use", either as a noun or verb, andderivative expressions, means distribution or other disposition of fuel, or anyother use thereof, whether with or without compensation. [L 1932 1st, c 19, §1;am L 1933, c 133, §1; RL 1935, §2010; am L Sp 1941, c 26, pt of §1; RL 1945,§5401; am L 1951, c 136, §1 and c 187, §1; RL 1955, §123-1; am L 1957, c 217,§1 and c 322, §1; am L Sp 1959 2d, c 1, §§14, 16; am L 1963, c 114, §1; HRS§243-1; gen ch 1985; am L 1991, c 55, §1; am L 1993, c 300, §3; am L 1997, c178, §9; am L 2001, c 143, §2; am L 2007, c 103, §§2, 5(1)]

 

Case Notes

 

  "Use" defined.  36 H. 170.