Haw. Rev. Stat. § 271-22 — HI Code / Division 1 / Title 15 / Chapter 271 / Section 271-22
Schedules of contract carriers by motor vehicle.
Status: in_force

(a) It shall be the duty of every contract carrier by motor vehicle to file and observe reasonable minimum rates and charges for any service rendered or to be rendered in the transportation of passengers or property in connection therewith, and to file and observe reasonable regulations and practices to be applied in connection with the reasonable minimum rates, fares, and charges. It shall be the duty of every contract carrier by motor vehicle to file with the public utilities commission, publish, and keep open for public inspection, in the form and manner prescribed by the commission, schedules containing the actual rates or charges of the carrier for the transportation of passengers or property, and any rule, regulation, or practice affecting the rates or charges and the value of the service thereunder; provided that any contract carrier serving but one shipper having rendered continuous service to the shipper for not less than one year may file reasonable minimum rates and charges unless the commission in any individual case, after hearing, finds it in the public interest to require the filing of actual rates and charges. No contract carrier, unless otherwise provided by this chapter, shall engage in the transportation of passengers or property unless the actual rates or charges for the transportation by the carrier have been published, filed, and posted in accordance with this chapter. Nothing herein provided shall be so construed as to require the carriers to maintain the same rates, rules and regulations for the same services for all shippers served. No reduction shall be made in any such charge either directly or by means of any change in any rule, regulation, or practice affecting the charge or the value of the service thereunder, nor shall any new charge be permitted, except after thirty days' notice of the proposed change or new charge is filed in the aforesaid form and manner; but the commission may, in its discretion and for good cause shown, allow the change upon less notice, or modify the requirements of this subsection with respect to posting and filing of schedules, either in particular instances, or by general order applicable to special or peculiar circumstances or conditions. The notice shall plainly state the change proposed to be made and the time when the change will take effect. No carriers shall demand, charge, or collect compensation for transportation different from the charges filed in accordance with this subsection, as affected by any rule, regulation, or practice so filed, or less than the minimum rate or charge as may be prescribed by the commission from time to time, and it shall be unlawful for any carrier, by the furnishing of special services, facilities, or privileges, or by any other device whatsoever, to charge, accept, or receive compensation different from the actual rates and charges so filed, or less than the minimum charges prescribed; provided that any carrier or carriers, or any class or group thereof, may apply to the commission for relief from this subsection, and the commission may, after hearing, grant such relief to such extent and for such time, and in such manner as in its judgment is consistent with the public interest and the transportation policy declared in this chapter.

(b) Whenever, after hearing, upon complaint or upon its own initiative, the commission finds that any minimum rate or charge of any contract carrier by motor vehicle, or any rule, regulation, or practice of any carrier affecting the minimum rate or charge, or the value of the service thereunder, for the transportation of passengers or property or in connection therewith, contravenes the transportation policy declared in this chapter, or is in contravention of any provision of this chapter, the commission may prescribe such just and reasonable minimum rate or charge, or such rule, regulations, or practice as in its judgment may be necessary or desirable in the public interest and to promote the policy and will not be in contravention of any provision of this chapter. The minimum rate or charge, or the rule, regulation, or practice, so prescribed by the commission, shall give no advantage or preference to any carrier in competition with any common carrier by motor vehicle subject to this chapter, which the commission may find to be undue or inconsistent with the public interest and the transportation policy declared in this chapter and the commission shall give due consideration to the cost of the services rendered by such carriers, and to the effect of the minimum rate or charge, or the rule, regulation, or practice, upon the movement of traffic by the carriers. All complaints shall state fully the facts complained of and the reasons for the complaint and shall be made under oath.

(c) Whenever there is filed with the commission by any contract carrier any schedule stating a charge for a new service or a reduced charge directly, or by means of any rule, regulation, or practice, for the transportation of passengers or property, the commission may upon complaint of interested persons or upon its own initiative at once and, if it so orders, without answer or other formal pleading by the interested party, but upon reasonable notice, enter upon a hearing concerning the lawfulness of the charge, or rule, regulation, or practice, and pending the hearing and the decision thereon, the commission, by filing with the schedules and delivering to the carrier affected thereby a statement in writing of its reasons for the suspension, may from time to time suspend the operation of the schedule and defer the use of the charge, or rule, regulation, or practice, but not for a longer period than five months beyond the time when it would otherwise go into effect; and after hearing, whether completed before or after the charge, or rule, regulation, or practice goes into effect, the commission may make such order with reference thereto as would be proper in a proceeding instituted after it had become effective. If the proceeding has not been concluded and an order made within the period of suspension, the proposed change in any charge or rule, regulation, or practice shall go into effect at the end of the period; provided that this subsection shall not apply to any initial schedule or schedules filed by any carrier in bona fide operation when this section takes effect. The rule as to burden of proof specified in section 271-20(e) shall apply to this subsection. [L 1961, c 121, pt of §2; Supp, §106C-20; HRS §271-22]
Haw. Rev. Stat. § 269-142 — HI Code / Division 1 / Title 15 / Chapter 269 / Section 269-142
Reliability standards; interconnection requirements; adoption and development; force and effect.
Status: in_force

(a) The commission may adopt, by rule or order, reliability standards and interconnection requirements. Reliability standards and interconnection requirements adopted by the commission shall apply to any electric utility and any user, owner, or operator of the Hawaii electric system. The commission shall not contract for the performance of the functions under this subsection to any other entity as provided under section 269-147.

(b) The commission may develop reliability standards and interconnection requirements as it determines necessary or upon recommendation from any entity, including an entity contracted by the commission to serve as the Hawaii electricity reliability administrator provided for under this part, for the continuing reliable design and operation of the Hawaii electric system. Any reliability standard or interconnection requirement developed by the commission shall be adopted by the commission in accordance with subsection (a) in order to be effective. The commission shall not contract for the performance of the functions under this subsection to any other entity as provided under section 269-147.

(c) The commission shall have jurisdiction over matters concerning interconnection requirements and interconnections located in the State between electric utilities, any user, owner, or operator of the Hawaii electric system, or any other person, business, or entity connecting to the Hawaii electric system or otherwise applying to connect generation or equipment providing ancillary services to, or operate generation and equipment providing ancillary services in parallel with the Hawaii electric system under processes established in accordance with section 269-145. Nothing in this subsection is intended to give the commission general supervision authority over any user, owner, or operator of the Hawaii electric system or any other person, business, or entity that is not a public utility as defined in section 269-1. [L 2012, c 166, pt of §2]
Haw. Rev. Stat. § 275-7 — HI Code / Division 1 / Title 15 / Chapter 275 / Section 275-7
Definitions.
Status: in_force

"Emergency" as used in sections 275-5 and 275-6 means a situation in which property or human life is in jeopardy and the prompt summoning of aid is essential.

"Party line" as used in sections 275-5 and 275-6 means a subscriber's line telephone circuit, consisting of two or more main telephone stations connected therewith, each station with a distinctive ring or telephone number. [L 1957, c 190, pt of §1; Supp, §309A-3; HRS §275-7]
Haw. Rev. Stat. § 264-22 — HI Code / Division 1 / Title 15 / Chapter 264 / Section 264-22
State highway department.
Status: in_force

For the purpose of complying with the Federal Highway Act, the department of transportation is designated as the state highway department.
Haw. Rev. Stat. § 269-54 — HI Code / Division 1 / Title 15 / Chapter 269 / Section 269-54
General powers; duties.
Status: in_force

(a) The consumer advocate shall have the authority expressly conferred by or reasonably implied from the provisions of this part.

(b) The consumer advocate may:

(1) Adopt rules pursuant to chapter 91 necessary to effectuate the purposes of this part.

(2) Conduct investigations to secure information useful in the lawful administration of any provision of this part.

(3) Assist, advise, and cooperate with federal, state, and local agencies and officials to protect and promote the interests of the consumer in the public utilities field.

(4) Study the operation of laws affecting all consumers, including small businesses, of utility services and recommend to the governor and the legislature new laws and amendments of laws in the consumers' interest in the public utilities field.

(5) Organize and hold conferences on problems affecting consumers of utility services.

(6) Perform such other acts as may be incidental to the exercise of the functions, powers, and duties set forth in this section.

(7) Represent the interests of consumers of utility services before any state or federal agency or instrumentality having jurisdiction over matters which affect those interests.

(c) The consumer advocate shall consider the long-term benefits of renewable resources in the consumer advocate's role as consumer advocate.

(d) Whenever it appears to the consumer advocate that:

(1) Any public utility has violated or failed to comply with any provision of this part or of any state or federal law;

(2) Any public utility has failed to comply with any rule, regulation, or other requirement of the public utilities commission or of any other state or federal agency;

(3) Any public utility has failed to comply with any provision of its charter or franchise;

(4) Changes, additions, extensions, or repairs to the plant or service of any public utility are necessary to meet the reasonable convenience or necessity of the public; or

(5) The rates, fares, classifications, charges, or rules of any public utility are unreasonable or unreasonably discriminatory,

the consumer advocate may institute proceedings for appropriate relief before the public utilities commission. The consumer advocate may appeal any final decision and order in any proceeding to which the consumer advocate is a party in the manner provided by law.

(e) The consumer advocate may file with the commission and serve on any public utility a request in writing to furnish any information reasonably relevant to any matter or proceeding before the commission or reasonably required by the consumer advocate to perform the duties hereunder. Any such request shall set forth with reasonable specificity the purpose for which the information is requested and shall designate with reasonable specificity the information desired. The public utility shall comply with such request within the time limit set forth by the consumer advocate unless within ten days following service it requests a hearing on the matter before the public utilities commission and states its reasons therefor. If a hearing is requested, the public utilities commission shall proceed to hold the hearing and make its determination on the request within thirty days after the same is filed. The consumer advocate or the public utility may appeal the decision of the commission on any such request, subject to chapter 602, in the manner provided for civil appeals from the circuit courts. Subject to the foregoing, such requests may ask the public utility to:

(1) Furnish any information with which the consumer advocate may require concerning the condition, operations, practices, or services of the public utility;

(2) Produce and permit the consumer advocate or the consumer advocate's representative to inspect and copy any designated documents (including writings, drawings, graphs, charts, photographs, recordings, and other data compilations from which information can be obtained), or to inspect and copy, test, or sample any designated tangible thing which is in the possession, custody, or control of the public utility; or

(3) Permit entry upon land or other property in the possession or control of the utility for the purpose of inspection and measuring, surveying, photographing, testing, or sampling the property or any designated object thereon. [L 1976, c 124, pt of §1; gen ch 1985; am L 1986, c 52, §3; am L 2003, c 132, §1; am L 2004, c 202, §29; am L 2006, c 94, §1; am L 2010, c 109, §1; am L 2020, c 70, §20]
Haw. Rev. Stat. § 269-94 — HI Code / Division 1 / Title 15 / Chapter 269 / Section 269-94
Waivers, extensions, and incentives.
Status: in_force

[§269-94 Waivers, extensions, and incentives.] Any electric utility company not meeting the renewable portfolio standard shall report to the public utilities commission within ninety days following the goal dates established in section [269-92], and provide an explanation for not meeting the renewable portfolio standard. The public utilities commission shall have the option to either grant a waiver from the renewable portfolio standard or an extension for meeting the prescribed standard.

The public utilities commission may provide incentives to encourage electric utility companies to exceed their renewable portfolio standards or to meet their renewable portfolio standards ahead of time, or both. [L 2001, c 272, §5]
Haw. Rev. Stat. § 261-74 — HI Code / Division 1 / Title 15 / Chapter 261 / Section 261-74
Aircraft or property taken into legal custody; unauthorized control.
Status: in_force

No person shall exercise control over an aircraft or other property that is under legal custody, seizure, or detention by the department of transportation.
Haw. Rev. Stat. § 264-90 — HI Code / Division 1 / Title 15 / Chapter 264 / Section 264-90
Agreements with the United States authorized.
Status: in_force

The director of transportation may enter into agreements with the Secretary of Transportation of the United States as provided by Title 23, United States Code, relating to the control of junkyards in areas adjacent to any federal-aid highway, and take action in the name of the State to comply with the terms of the agreements.
Haw. Rev. Stat. § 271G-25 — HI Code / Division 1 / Title 15 / Chapter 271G / Section 271G-25
Agreement between carriers.
Status: in_force

(a) For purposes of this section the term "antitrust laws" means any law of the State previously enacted pertaining to unlawful restraints of trade and monopolies.

(b) Any carrier party to an agreement between or among two or more carriers relating to rates, fares, classifications, divisions, allowances, or charges (including charges between carriers and compensation paid or received for the use of facilities and equipment), or rules and regulations pertaining thereto, or procedures for the joint consideration, initiation, or establishment thereof, may, under such rules and regulations as the public utilities commission may prescribe, apply to the commission for approval of the agreement, and the commission shall by order approve any agreement, if approval thereof is not prohibited by subsection (c), if it finds that, by reason of furtherance of the transportation policy declared in this chapter, the relief provided in subsection (e) should apply with respect to the making and carrying out of the agreement; otherwise, the application shall be denied.

(c) The commission shall not approve under this section any agreement between or among carriers of different classes unless it finds that the agreement is of the character described in subsection (b) of this section and is limited to matters relating to transportation under joint rates or over through routes; and for purposes of this subsection carriers by aircraft are carriers of one class; carriers by motor vehicles are carriers of one class; carriers by water are carriers of one class.

(d) The commission is authorized upon complaint or upon its own initiative without complaint, to investigate and determine whether any agreement previously approved by it under this section, or terms and conditions upon which the approval was granted is not or are not in conformity with the standard set forth in subsection (b), or whether any such terms and conditions are not necessary for purposes of conformity with the standard, and, after the investigation, the commission shall by order terminate or modify its approval of the agreement if it finds the action necessary to insure conformity with the standard, and shall modify the terms and conditions upon which the approval was granted to the extent it finds necessary to insure conformity with the standard or to the extent to which it finds the terms and conditions not necessary to insure each conformity. The effective date of any order terminating or modifying approval, or modifying terms and conditions, shall be postponed for such period as the commission determines to be reasonably necessary to avoid undue hardship.

(e) Parties to any agreement approved by the commission under this section and other persons are, if the approval of such agreement is not prohibited by subsection (c), relieved from the operation of the antitrust laws with respect to the making of such agreement, and with respect to the carrying out of the agreement in conformity with the terms and conditions prescribed by the commission. [L 1974, c 94, pt of §1; am L 1980, c 232, §10]
Haw. Rev. Stat. § 269E-6 — HI Code / Division 1 / Title 15 / Chapter 269E / Section 269E-6
One call center financing.
Status: in_force

(a) To finance the establishment and operation of the center and the administrative costs of the commission, operators shall pay to the commission a fee in an amount and at a schedule determined by the commission. The commission may also assess fees on excavators. All fees paid by operators and excavators shall be deposited with the director of finance to the credit of the public utilities commission special fund.

(b) All operators of subsurface installations in this State shall share in the operational and administrative costs of the center, except where:

(1) All of the operator's subsurface installations are located on property owned exclusively by that operator; and

(2) The operator has not authorized another operator to use the property for any subsurface installation.

(c) The commission may accept revenues, compensations, proceeds, charges, penalties, grants, or any other payments in any form, from any public agency or any other source.

(d) Any agency required to participate may charge a reasonable fee in an amount sufficient to cover the administrative and operational costs required by this chapter.

(e) Civil penalties collected pursuant to this chapter shall be used by the commission to educate the operating and excavating community in Hawaii and to reduce the center's operating costs.

(f) Any operator or excavator that pays public utility fees to the commission pursuant to section 269-30 may petition the commission for approval to apply a portion of its public utility fee payments as a credit toward its center fees. [L 2004, c 141, pt of §1, §7; am L 2009, c 72, §3]
Haw. Rev. Stat. § 269-192 — HI Code / Division 1 / Title 15 / Chapter 269 / Section 269-192
[ §269-192] Step-in agreements.
Status: in_force

[ §269-192] Step-in agreements. (a) Within ninety days of receiving notice of the filing of an application to the public utilities commission for approval of a power purchase agreement, or if an application has already been filed as of July 1, 2025, within ninety days of receiving notice of the pending application, the department shall execute a step-in agreement related to the power purchase agreement with the obligee; provided that, before the expiration of the ninety-day period, the department completes a due diligence investigation of the obligee and the proposed step-in agreement and finds the obligee and proposed step-in agreement to be satisfactory; and further provided that if the public utilities commission denies the application, the step-in agreement shall be deemed void. The step-in agreement shall require the department to make payments for power purchase costs owed by an electric utility to the obligee in the event of a default under the related covered power purchase agreement. Pursuant to the step-in agreement and upon a default by the electric utility under the covered power purchase agreement related to the step-in agreement, the department shall make payments to the obligee for power purchase costs with revenues received from power purchase charges from covered power purchase agreements and reserve fees that are on deposit in the fund as and when due by the electric utility under the related covered power purchase agreement; provided that any step-in agreement entered into by the department shall provide that the department's payment obligation thereunder shall be limited to the revenues received from power purchase charges from covered power purchase agreements and reserve fees that are on deposit in the fund. Each step-in agreement shall include a clause stating that neither the full faith and credit of the State nor any other moneys of the State will be pledged for any obligations pursuant to the terms of the step-in agreement and that in any action concerning a failure by the department to comply with the terms of a step-in agreement, the sole and exclusive remedy available to an obligee and the electric utility under the step-in agreement against the department shall be a court order directing specific performance by the department of the step-in agreement, and that under no circumstances shall the department be liable for any costs, expenses, or other monetary relief or compensatory damages. An obligee of a covered power purchase agreement shall have no claim or lien on any moneys of the State. An obligee of a covered power purchase agreement shall only have a claim or lien on those revenues from power purchase charges and reserve fees that are transferred by the electric utility and on deposit in the fund. An obligee shall remain entitled to all payments for power purchase costs owed under its covered power purchase agreement, whether or not the revenues from power purchase charges attributable to its covered power purchase agreement are timely collected. Notwithstanding anything to the contrary in this part, a step-in agreement shall also obligate the department to pay claims of an obligee from revenues received from power purchase charges and reserve fees on deposit in the fund arising out of a termination of the covered power purchase agreement by the electric utility under bankruptcy law. In determining any amounts owed, the department shall have a right, but not an obligation, to rely on an invoice from an obligee describing amounts owed to make that determination. The department shall not be deemed in breach of the step-in agreement by sole reason of having relied or failed to rely on the invoice. Notwithstanding any law to the contrary, the department shall not be bound to make any independent calculation, verification, or investigation into the invoice from an obligee.

(b) The department shall enter into a step-in agreement only if the power purchase agreement that is subject to the step-in agreement arises from the Stage 3 request for proposals under docket number 2017-0352 before the public utilities commission or the first Integrated Grid Planning request for proposals issued under docket number 2024-0258 before the public utilities commission. The department shall enter into a step-in agreement related to a power purchase agreement subject to the department completing its due diligence review and finding both the obligee and the contract to be satisfactory as provided in subsection (a).

(c) The payment obligation of the department under a step-in agreement shall commence not later than two days after the date of a notice given by the department to the electric utility pursuant to section 269-193(a).

(d) A step-in agreement shall terminate when the credit rating of the electric utility or its successor achieves investment grade status for at least thirty days, or may be terminated by express agreement of the obligee, department, and electric utility. Following the termination of a step-in agreement, the department shall have no obligation to the electric utility or the obligee upon a continuing or future default by the electric utility under the related power purchase agreement.

(e) Following a default of a covered power purchase agreement and any payment by the department from revenues in the fund, the electric utility, through explicit agreement with the respective obligee of its covered power purchase agreement, may elect to resume payments owed by the electric utility for power purchase costs related to the covered power purchase agreement in default, regardless of the credit rating of the electric utility at that time, in which case the electric utility shall cease to transfer revenues received from power purchase charges in connection with the covered power purchase agreement in default to the department for deposit into the fund as described in section 269-193(a), and may use the revenues received from power purchase charges related to the covered power purchase agreement in default through the vesting of title in the electric utility as described in subsection (h); provided that any election by the electric utility to continue making payments shall not terminate the step-in agreement that is related to the covered power purchase agreement in default, the related step-in agreement shall remain in effect until terminated pursuant to subsection (d), and the department shall remain obligated to pay the obligee of the covered power purchase agreement in default upon a subsequent default by the electric utility solely from revenues on deposit in the fund; provided further that no election by the electric utility shall be permitted if the department has made payment for any power purchase costs with revenues from the reserve account.

(f) The department may impose other conditions, and may include other terms, in a step-in agreement that the department deems necessary to implement the requirements of this part; provided that the conditions and terms shall not adversely affect the obligation of the department as set forth in this part, including but not limited to the obligation to make payments under the step-in agreement, but only to the extent that there are moneys in the fund, for power purchase costs owed by an electric utility to an obligee under a covered power purchase agreement related to the step-in agreement as and when due in the event of a default as required under subsection (a) or otherwise be inconsistent with the related covered power purchase agreement.

(g) As consideration for the department entering into a step-in agreement, the electric utility or its successor shall enter into an agreement to assign and transfer title to the revenues from power purchase charges and reserve fees attributable to the covered power purchase agreement to the department to be held in trust for the benefit of the obligees under the covered power purchase agreements to the extent of the amounts owed to the obligees. The assignment and transfer of title to the revenues from the power purchase charges by the electric utility shall be made and remain for the term of the step-in agreement free and clear of any prior lien, pledge, security interest, or encumbrance of any kind, and shall be exempt from section 269-19. The revenues from power purchase charges and reserve fees shall not be subject to appropriation for any other purpose. The revenues shall be exempt from the requirements of chapters 36 and 38. The electric utility or its successor shall be and remain at all times, even upon the occurrence and during the continuance of a default by the electric utility or its successor, obligated to bill and collect the power purchase charges and reserve fees as an agent for the department to effectuate the purposes of this part.

(h) Before default or an entry of an order of relief with respect to the electric utility pursuant to title 11 of the United States Code, if any payment obligation of the electric utility under a covered power purchase agreement for power purchase costs becomes owed and due, any title held in trust by the department to the revenues from power purchase charges for the payment obligation owed and due shall divest from the department and vest in the electric utility or its successor at the time the payment by the electric utility or its successor is made to the obligee. Any vesting of revenues from power purchase charges to the electric utility at the time of payment may be made without appropriation by the legislature or allotment. The department, except as permitted pursuant to section 269-193(a), shall not otherwise assign, sell, or transfer any title to, or any claim or right to, the revenues from power purchase charges or reserve fees.

(i) To meet the requirements of the State and the public utilities commission as they pertain to electric reliability, energy security, and energy diversification under this chapter and any rules adopted pursuant thereto, the electric utility shall ensure that it maintains sufficient availability of electric energy and related products, to the extent provided by an obligee in accordance with a covered power purchase agreement. The public utilities commission shall exercise its regulatory powers to ensure that the electric utility complies with its obligations under a covered power purchase agreement.

(j) Notwithstanding any other law to the contrary, the electric utility shall file with the public utilities commission, and the public utilities commission shall allow to become effective, monthly rate adjustments provided under the energy cost recovery clause and purchased power adjustment clause to establish or adjust power purchase charges in a manner designed to:

(1) Generate sufficient revenues from power purchase charges to timely and fully pay amounts when owed and due under covered power purchase agreements;

(2) Ensure that in no event shall revenues from power purchase charges fall below the amounts owed and due under covered power purchase agreements by a sum that exceeds the amounts in the reserve account established under section 269-195; and

(3) Recover any applicable taxes and government fees and any incremental administrative costs of the electric utility or the department incurred to implement the requirements of this part.

To achieve the objectives established pursuant to this subsection, unless the public utilities commission otherwise directs, before a default, the electric utility may retain revenues collected from power purchase charges in excess of amounts owed and due under the covered power purchase agreements. Any moneys in the reserve account established under the fund shall remain with the department at all times, subject to section 269-193(a). The obligations of the electric utility and of the public utilities commission under this section shall survive any default by the electric utility and shall terminate only upon the termination of the step-in agreement as provided in subsection (d). [L 2025, c 191, pt of §2]
Haw. Rev. Stat. § 263-9 — HI Code / Division 1 / Title 15 / Chapter 263 / Section 263-9
Dangerous flying a misdemeanor; penalty.
Status: in_force

Any aeronaut or passenger who, while in flight over a thickly inhabited area or over a public gathering within the State, engages in trick or acrobatic flying, or in any acrobatic feat, or flies, except while in landing or taking off, at such a low level as to endanger the persons on the surface beneath, or drops any object except loose water or loose sand ballast, or paper handbills, shall be guilty of a misdemeanor and punishable by a fine of not more than $1,000, or imprisonment for not more than one year, or both.
Haw. Rev. Stat. § 264-20.5 — HI Code / Division 1 / Title 15 / Chapter 264 / Section 264-20.5
Complete streets.
Status: in_force

(a) The department of transportation and the county transportation departments shall adopt a complete streets policy that seeks to reasonably accommodate convenient access and mobility for all users of the public highways within their respective jurisdictions as described under section 264-1, including pedestrians, bicyclists, transit users, motorists, and persons of all ages and abilities.

(b) This section shall apply to new construction, reconstruction, and maintenance of highways, roads, streets, ways, and lanes located within urban, suburban, and rural areas, if appropriate for the application of complete streets.

(c) This section shall not apply if:

(1) Use of a particular highway, road, street, way, or lane by bicyclists or pedestrians is prohibited by law, including within interstate highway corridors;

(2) The costs would be excessively disproportionate to the need or probable use of the particular highway, road, street, way, or lane;

(3) There exists a sparseness of population, or there exists other available means, or similar factors indicating an absence of a future need; or

(4) The safety of vehicular, pedestrian, or bicycle traffic may be placed at unacceptable risk. [L 2009, c 54, §1]

Revision Note

Section was enacted as an addition to chapter 286 but was renumbered to this chapter pursuant to §23G-15.
Haw. Rev. Stat. § 262-3 — HI Code / Division 1 / Title 15 / Chapter 262 / Section 262-3
Power to adopt airport zoning regulations.
Status: in_force

To prevent the creation or establishment of airport hazards, the director of transportation may adopt, amend, repeal, administer, and enforce, under the police power and in the manner and upon the conditions prescribed in this chapter, airport zoning regulations for an airport hazard area in the State, which regulations may divide each area into zones, and, within such zones, specify the land uses permitted and regulate and restrict the height to which structures may be erected and trees allowed to grow, subject to section 262-6.
Haw. Rev. Stat. § 266-26 — HI Code / Division 1 / Title 15 / Chapter 266 / Section 266-26
Responsibility of vessel owner; evidence of unauthorized mooring.
Status: in_force

[§266-26 Responsibility of vessel owner; evidence of unauthorized mooring.] In any proceeding for violation of any statute or any rule adopted by the department pursuant to chapter 91 governing the mooring or placement of a vessel in the State, proof of ownership through:

(1) The state registration number; or

(2) The documented name or number of a vessel; or

(3) Any other identifying name or number;

affixed to a vessel involved in such violation shall constitute prima facie evidence that the owner of the vessel was the person who moored or placed the vessel at the point where, and during the time when, such violation occurred. [L 1977, c 54, §1]
Haw. Rev. Stat. § 273-15 — HI Code / Division 1 / Title 15 / Chapter 273 / Section 273-15
Bonds.
Status: in_force

Any corporation which may be organized, and undertake the building of any railroad or railroads, in pursuance of the authority of this chapter, and in accordance with it, may issue bonds to raise money for the construction of such railroad or railroads, in such sums as may be convenient.
Haw. Rev. Stat. § 269-16.22 — HI Code / Division 1 / Title 15 / Chapter 269 / Section 269-16.22
Power purchase agreements; cost recovery for electric utilities.
Status: in_force

All power purchase costs, including costs related to capacity, operations and maintenance, and other costs that are incurred by an electric utility company, arising out of power purchase agreements that have been approved by the public utilities commission and are binding obligations on the electric utility company, shall be allowed to be recovered by the utility from the customer base of the electric utility company through one or more adjustable surcharges, which shall be established by the public utilities commission. The costs shall be allowed to be recovered if incurred as a result of such agreements unless, after review by the public utilities commission, any such costs are determined by the commission to have been incurred in bad faith, out of waste, out of an abuse of discretion, or in violation of law. For purposes of this section, an "electric utility company" means a public utility as defined under section 269-1, for the production, conveyance, transmission, delivery, or furnishing of electric power.
Haw. Rev. Stat. § 269-16.85 — HI Code / Division 1 / Title 15 / Chapter 269 / Section 269-16.85
Retail intrastate services; fully competitive.
Status: in_force

(a) Notwithstanding section 269-16.9 or any other law to the contrary, the public utilities commission shall treat retail intrastate telecommunications services, under the commission's classification of services relating to costs, rates, and pricing, as fully competitive and apply all commission rules in accordance with that designation. In addition, a telecommunications carrier shall not be required to obtain approval or provide any cost support or other information to establish or otherwise modify in any manner its retail intrastate telecommunications service rates, fares, charges, and terms and conditions, or to bundle any service offerings into a single or combined price package and shall not be subject to sections 269-16 and 269-39; provided that on an annual basis, the monthly rate increase for basic exchange service in any county with a population of less than five hundred thousand shall not exceed $6.50 without the public utilities commission's approval. All rates, fares, charges, bundled service offerings, and service terms and conditions shall be posted on the local exchange carrier's website.

(b) This section shall apply to retail rates charged for service to end-user consumers only and shall not apply to wholesale rates charged for services provided by a telecommunications carrier to another telecommunications provider, a wireless communications provider, a voice over internet protocol communications provider, or other similar communications provider.

(c) Nothing herein shall modify any requirements of a telecommunications carrier to provide lifeline telephone service, comply with carrier of last resort obligations, or comply with applicable service quality standards.

(d) Notwithstanding section 269-17, any telecommunications service provider providing fully competitive retail services shall not be required to seek commission approval for the issuance of stocks, stock certificates, bonds, notes, and other evidences of indebtedness; provided that the telecommunications service provider notifies the public utilities commission, with a copy to the consumer advocate, of all issuances upon execution of the transaction.

(e) Notwithstanding section 269-19, any telecommunications service provider providing fully competitive retail services shall not be required to seek commission approval for the sale, lease, mortgage, assignment, or other disposition or encumbrance of the whole or any part of its road, line, plant, system, or other property; provided that any telecommunications service provider shall not, directly or indirectly, merge or consolidate with any other public utility without first having secured from the public utilities commission an order authorizing the provider to do so.

(f) Notwithstanding section 269-9, any telecommunications service provider providing fully competitive retail services shall not be required to file accident reports with the commission. [L 2009, c 180, §2; am L 2010, c 8, §1; am L 2012, c 74, §2; am L 2019, c 229, §1]
Haw. Rev. Stat. § 264-62 — HI Code / Division 1 / Title 15 / Chapter 264 / Section 264-62
Authority to establish controlled-access facilities.
Status: in_force

The director of transportation, acting alone or in cooperation with any federal, or local agency, may plan, designate, establish, regulate, vacate, alter, realign, widen, improve, maintain, and provide controlled-access facilities for public use whenever the director is of the opinion that traffic conditions, present or future, will justify the special facilities. The director may regulate, restrict, or prohibit the use of the controlled-access facilities by the various classes of vehicles or traffic by means of signs and other devices to promote the safe and efficient use of the facilities.
Haw. Rev. Stat. § 264-18 — HI Code / Division 1 / Title 15 / Chapter 264 / Section 264-18
Use of highway fund for bikeways.
Status: in_force

(a) Out of the state highway fund amounts, whether state funds or federal funds, shall be expended as necessary by the State for the establishment of bikeways; provided that bikeways shall be established, whenever practicable, wherever a new or existing highway, road, or street is being designed, planned, constructed, reconstructed, relocated, or rehabilitated. A t least two per cent of eligible federal funds, and in addition, other state highway fund moneys as available, shall be expended to:

(1) Establish multi-use paths, bicycle paths, and bicycle lanes; and

(2 ) I nstall signage and safety devices along bikeways;

provided that the department of transportation shall include the bicycling community in a public involvement process to determine the location of multi-use paths, bicycle paths, bicycle lanes, and installation of signage and safety devices along bikeways.

Planning for any mass transit system shall include appropriate accommodation for bicycle lanes, bikeways, and bicycle routes, including bicycle racks on mass transit vehicles, to enable mass transit users to connect conveniently by bicycle to transit stations and bus stops.

This subsection shall not be construed as requiring the expenditure of a county surcharge on state tax under section 46‑16.8, on bicycle paths if the application of this subsection conflicts with section 46-16.8.

(b) Bikeways are not required to be established under subsection (a):

(1) Where the establishment of the lanes, paths, routes, and ways would be contrary to public safety; or

(2) If the cost of establishing the lanes, paths, routes, and ways would be excessively disproportionate to the need or probable use; or

(3) Where low population density, other available ways, or other factors indicate an absence of any need for the lanes, paths, routes, and ways;

provided that the department of transportation shall involve representatives of the bicycling community, such as the Hawaii Bicycling League, Kauai PATH, Maui Bicycling Alliance, PATH (Big Island), and others in making a determination under paragraphs (1), (2), and (3); provided further that any decision under this subsection shall be documented, including but not limited to, the factors considered in making a decision; and provided further that the department of transportation shall have the burden of persuasion under paragraphs (2) and (3).

(c) The department of transportation, when requested, shall provide technical assistance and advice to counties in carrying out the purpose of this section. The department of transportation shall recommend construction standards for bikeways. The department of transportation, in the manner prescribed for marking highways under section 264-25, shall provide a uniform system of marking and signing such lanes, paths, routes, and ways which shall apply to lanes, paths, routes, and ways under the jurisdiction of the department of transportation and the counties. Notwithstanding any provision to the contrary, the department of transportation and the counties may restrict the use of the lanes, paths, routes, and ways to pedestrians and non-motorized vehicles.

(d) As used in this section, the terms "bikeway", "bicycle path", and "bicycle lane" shall have the same meaning as in section 291C-1.

(e) The department of transportation shall report annually to the legislature before the convening of each regular session as to bikeway expenditures and current projects. [L 1995, c 222, §2; am L 2007, c 286, §2]
Haw. Rev. Stat. § 261-6 — HI Code / Division 1 / Title 15 / Chapter 261 / Section 261-6
Civil air patrol.
Status: in_force

(a) Beginning in fiscal year 1988-1989 and in accordance with chapter 42F, the sum of $190,600 annually or so much thereof as may be necessary shall be granted from the general fund to carry on the operations and defray the expenses of the Hawaii wing, civil air patrol; provided that not less than $3,000 shall be allocated to each Hawaii based civil air patrol unit that meets minimum requirements established by national headquarters and has demonstrated its capability to respond to emergencies within the State.

(b) There shall be expended from the sum granted under this section only those amounts as shall be needed for:

(1) Repair or replacement of equipment which is not repaired or replaced by the United States government;

(2) Defraying expenses incurred in emergency services operations or mercy or hazard mitigating missions;

(3) Aviation and emergency services training, including supplies required to administer and implement the training;

(4) Payment of utilities on state-owned properties;

(5) Upkeep, replacement, or purchase of communication equipment (provided that only those sums shall be expended on communication equipment as will be necessary for the procurement or replacement of communication equipment not otherwise obtainable by grant or gift from any other source);

(6) Purchase of aviation and vehicular fuels, oils, inspection services, maintenance, and overhaul work solely for the use of the Hawaii wing, civil air patrol;

(7) Travel expenses related to aviation and emergency services training and coordination, not available within the State; and

(8) The cost incurred in meeting the accounting and auditing requirements of CAP Manual 173-2 and the State.

No portion of this grant shall be expended for uniforms or personal equipment of any contractor, employee, or member of the Hawaii wing, civil air patrol nor shall any portion be paid for salaries except as provided in this section.

(c) The commander, Hawaii wing, civil air patrol, may employ salaried assistants, who shall not be subject to chapter 76, at a salary of not more than the SR-21 salary range. The assistants shall perform administrative and fiscal duties and other duties as may be required by the wing commander.

(d) All expenditures from the amount granted in subsection (a) shall be upon vouchers signed by the wing commander and the finance officer of the Hawaii wing, civil air patrol.

(e) A record of expenditures and a current financial statement shall be provided to the State on the last day of business of the months of September, December, March, and June of each fiscal year.

(f) In expending the sum granted, the Hawaii wing, civil air patrol shall assure further that it will consult, cooperate, and coordinate with the departments of transportation and defense to the end that the maximum education and development in aeronautical matters may be afforded and the maximum contribution to emergency operations and preparedness be made.

(g) The Hawaii wing, civil air patrol shall comply with chapter 42F in its application for grants; execute an annual contract with the department of transportation by the third day of July; and submit to the department of transportation an annual expenditure plan to ensure the disbursement of funds by the tenth day of July, October, January, and April of each fiscal year. [L 1951, JR 30, §§1-6; RL 1955, §15-11; am L Sp 1959 2d, c 1, §26; am L 1967, c 212, §1; HRS §261-6; am L 1970, c 160, §1; am L 1973, c 182, §1; am L 1975, c 76, §1; am L 1979, c 205, §1; am L 1985, c 186, §1; am L 1988, c 240, §1; am L 1991, c 335, §6; am L 1997, c 190, §6; am L 2000, c 253, §150; am L 2014, c 96, §16]
Haw. Rev. Stat. § 269-95 — HI Code / Division 1 / Title 15 / Chapter 269 / Section 269-95
Renewable portfolio standards study.
Status: in_force

The public utilities commission shall:

(1) By December 31, 2007, develop and implement a utility ratemaking structure, which may include performance-based ratemaking, to provide incentives that encourage Hawaii's electric utility companies to use cost-effective renewable energy resources found in Hawaii to meet the renewable portfolio standards established in section 269-92, while allowing for deviation from the standards in the event that the standards cannot be met in a cost-effective manner or as a result of events or circumstances, such as described in section 269-92(d), beyond the control of the electric utility company that could not have been reasonably anticipated or ameliorated;

(2) Gather, review, and analyze empirical data to:

(A) Determine the extent to which any proposed utility ratemaking structure would impact electric utility companies' profit margins; and

(B) Ensure that the electric utility companies' opportunity to earn a fair rate of return is not diminished;

(3) Use funds from the public utilities special fund to contract with the Hawaii natural energy institute of the University of Hawaii to conduct independent studies to be reviewed by a panel of experts from entities such as the United States Department of Energy, National Renewable Energy Laboratory, Electric Power Research Institute, Hawaii electric utility companies, environmental groups, and other similar institutions with the required expertise. These studies shall include findings and recommendations regarding:

(A) The capability of Hawaii's electric utility companies to achieve renewable portfolio standards in a cost-effective manner and shall assess factors such as:

(i) The impact on consumer rates;

(ii) Utility system reliability and stability;

(iii) Costs and availability of appropriate renewable energy resources and technologies, including the impact of renewable portfolio standards, if any, on the energy prices offered by renewable energy developers;

(iv) Permitting approvals;

(v) Effects on the economy;

(vi) Balance of trade, culture, community, environment, land, and water;

(vii) Climate change policies;

(viii) Demographics;

(ix) Cost of fossil fuel volatility; and

(x) Other factors deemed appropriate by the commission; and

(B) Projected renewable portfolio standards to be set five and ten years beyond the then current standards;

(4) Evaluate the renewable portfolio standards every five years, beginning in 2013, and may revise the standards based on the best information available at the time to determine if the standards established by section 269‑92 remain effective and achievable; and

(5) Report its findings and revisions to the renewable portfolio standards, based on its own studies and other information, to the legislature no later than twenty days before the convening of the regular session of 2014, and every five years thereafter. [L 2004, c 95, pt of §2; am L 2006, c 162, §6; am L 2009, c 155, §4; am L 2015, c 97, §3]
Haw. Rev. Stat. § 269-16.91 — HI Code / Division 1 / Title 15 / Chapter 269 / Section 269-16.91
Universal service subsidies.
Status: in_force

(a) For any alternative telecommunications provider authorized to provide basic local exchange service to any area of the State pursuant to section 269-16.9(h), the commission may consider the following:

(1) Transferring the subsidy, if any, of the local exchange provider's basic residential telephone service to the alternative provider; and

(2) Transferring from the local exchange carrier to the alternative provider the amounts, if any, generated by the local exchange provider's services other than basic residential telephone service and which are used to subsidize basic residential service in the area.

(b) To receive the subsidy amounts from the local exchange service provider, the alternative telecommunications provider shall be required, to the extent possible, to obtain basic residential service subsidies from both the local exchange service provider and national universal service providers. [L 1994, c 80, §2]
Haw. Rev. Stat. § 264-28 — HI Code / Division 1 / Title 15 / Chapter 264 / Section 264-28
Federal-aid projects; mandatory on council.
Status: in_force

Whenever appropriations are made by the legislature for the construction or reconstruction of any highway or portion thereof, the director of transportation, in the absence of any provisions to the contrary in the act making the appropriation or in any other state laws applicable thereto, and in case the highway is eligible for federal aid and the director deems such course advisable, may, subject to the approval of the administrator, construct such highway as a federal-aid project and contract for it in accordance with the provisions of this part and of the Federal Highway Act. If any appropriation made by the legislature for the construction or reconstruction of any highway or any portion thereof is required by the act making the appropriation to be expended by the council of a particular county, the director may, in the absence of any specific provision to the contrary in the act making such appropriation, subject to the approval of the governor, designate such highway as a federal-aid project; and the council, upon that designation, shall place the appropriation in the control and at the disposal of the director for the purpose of constructing the highway or portion thereof as a federal-aid project, and the director shall proceed to construct such highway as a federal-aid project and to contract for it in accordance with this part and the Federal Highway Act.

Revision Note

References to "council" substituted for "board of supervisors" to conform to county charters.
Haw. Rev. Stat. § 271G-12 — HI Code / Division 1 / Title 15 / Chapter 271G / Section 271G-12
Temporary authority.
Status: in_force

To enable the provision of service for which there is an immediate and urgent need to a point or points or within a territory having no carrier service capable of meeting the need, the public utilities commission may, in its discretion and without hearings or other proceedings, grant temporary authority for such service by a water carrier. The temporary authority, unless suspended or revoked for good cause, shall be valid for such time as the commission shall specify, but for no more than a period of one hundred twenty days for any one immediate and urgent need.
Haw. Rev. Stat. § 271-7 — HI Code / Division 1 / Title 15 / Chapter 271 / Section 271-7
Exemptions, vehicles used by farmers.
Status: in_force

Notwithstanding any other provisions of this chapter all motor vehicles used by farmers exclusively for their farm operations and all motor vehicles used by farmers who infrequently transport from the place of production to a warehouse, regular market, place of storage, or place of shipment, the farm products of neighboring farmers in exchange for like or reciprocal services, for farm products, or for a cash consideration not exceeding $1,500 per year; provided that the transportation shall constitute the sole transportation of property for hire or compensation of the farmers are exempted from this chapter.
Haw. Rev. Stat. § 261-75 — HI Code / Division 1 / Title 15 / Chapter 261 / Section 261-75
Disposal of aircraft by persons in aircraft repair business.
Status: in_force

(a) When any person abandons an aircraft upon the premises of an aircraft repair business, the owner of the business or the authorized representative of the owner may sell or dispose of the aircraft in accordance with this section.

(b) An aircraft shall be deemed to be abandoned upon satisfaction of all the following conditions:

(1) The service requested or required by a person whose aircraft is towed or brought to an aircraft repair business, such as towing and rendering estimates of the cost of repairs, has been performed; and

(2) No authorization is given to perform any further service respecting the aircraft but the aircraft is left on the repair business premises; and

(3) The owner of the repair business or the owner's authorized representative has given notice by registered or certified mail:

(A) To the registered owner of the aircraft at the address on record at the aircraft repair business and the address on record in the Federal Aviation Administration, and

(B) To any person with a recorded interest in the aircraft, stating that if the aircraft is not repossessed within thirty days after the mailing of the notice, it will be sold or disposed of. The notice also shall contain a description of the aircraft and its location. The notice need not be sent to any purported owner or any person with an unrecorded interest in the aircraft whose name or address is not known and cannot be determined; and

(4) The aircraft is not repossessed within the thirty-day period specified in paragraph (3).

(c) When an aircraft is abandoned, the owner of the aircraft repair business, or the authorized representative of the owner of the repair business, after one public advertisement in a newspaper of general circulation in the State, may negotiate the sale of the aircraft or dispose of it; provided that the aircraft shall not be sold or disposed of less than five days after the publication of the advertisement.

(d) The authorized seller of the aircraft shall be entitled to the proceeds of the sale to the extent that compensation is due the seller for services rendered in respect of the aircraft, including reasonable and customary charges for towing, handling, storage, and the cost of the notices and advertising required by this section. A lien holder shall receive priority of payment from the balance to the extent of the lien holder's lien. Any remaining balance shall be forwarded to the registered owner of the aircraft, if the owner can be found. If the owner cannot be found, the balance shall be deposited with the director of finance of the State and shall be paid out to the registered owner of the aircraft, if a proper claim is filed therefor within one year from the execution of the sale agreement. If no claim is made within the year allowed, the money shall become a state realization.

(e) The transfer of title and interest by sale under this section is a transfer by operation of law and a bill of sale executed by the authorized seller shall be sufficient to authorize the transfer of title or interest. [L 1981, c 25, pt of §1; gen ch 1985]
Haw. Rev. Stat. § 269-35 — HI Code / Division 1 / Title 15 / Chapter 269 / Section 269-35
Universal service.
Status: in_force

The commission shall preserve and advance universal service by:

(1) Maintaining affordable, just, and reasonable rates for basic residential service;

(2) Assisting individuals or entities who cannot afford the cost of or otherwise require assistance in obtaining or maintaining their basic service or equipment as determined by the commission; and

(3) Ensuring that consumers are given the information necessary to make informed choices among the alternative telecommunications providers and services. [L 1995, c 225, pt of §2]
Haw. Rev. Stat. § 261-8 — HI Code / Division 1 / Title 15 / Chapter 261 / Section 261-8
Federal aid.
Status: in_force

The department of transportation may accept, receive, receipt for, disburse, and expend federal moneys, and other moneys, public or private, made available by grant or loan to accomplish, in whole or in part, any of the purposes of this chapter. All federal moneys accepted under this section shall be accepted and expended by the department upon such terms and conditions as are prescribed by the United States, and the department may enter into any contracts which may be required in connection therewith. All moneys received by the department pursuant to this section shall be deposited in the treasury and, unless otherwise prescribed by the authority from which the moneys were received, shall be kept in separate funds designated according to the purpose for which the same were made available, to be disbursed or expended in accordance with the terms and conditions upon which they were made available.
Haw. Rev. Stat. § 269-15.51 — HI Code / Division 1 / Title 15 / Chapter 269 / Section 269-15.51
Contested cases.
Status: in_force

(a) Chapter 91 shall apply to every contested case arising under this chapter except where chapter 91 conflicts with this chapter, in which case this chapter shall apply. Any other law to the contrary notwithstanding, including chapter 91, any contested case under this chapter shall be appealed from a final decision and order or a preliminary ruling that is of the nature defined by section 91-14(a) upon the record directly to the supreme court for final decision. Only a person aggrieved in a contested case proceeding provided for in this chapter may appeal from the final decision and order or preliminary ruling. For the purposes of this section, the term "person aggrieved" includes an agency that is a party to a contested case proceeding before that agency or another agency.

(b) The court shall give priority to contested case appeals of significant statewide importance over all other civil or administrative appeals or matters and shall decide these appeals as expeditiously as possible. [L 2016, c 48, §§4, 14; am L 2019, c 213, §1]
Haw. Rev. Stat. § 273-4 — HI Code / Division 1 / Title 15 / Chapter 273 / Section 273-4
Compensation to be made.
Status: in_force

In the exercise of the powers mentioned in section 273-3, the corporation shall do as little damage as can be; and shall make full compensation in the manner provided in chapter 101, to all parties interested for all damage sustained by reason of the exercise of such power.
Haw. Rev. Stat. § 271-18 — HI Code / Division 1 / Title 15 / Chapter 271 / Section 271-18
Transfer of certificates of public convenience and necessity, contract carrier permits, and carrier property.
Status: in_force

(a) For the purpose of the administration and application of subsections (a) and (b), the terms "carrier" includes any motor carrier subject to this chapter, or any carrier subject to the act of any other state or any act of the Congress of the United States under which interstate or foreign commerce by land, sea, or air, is regulated.

(b) No motor carrier shall sell, lease, assign, mortgage, or otherwise dispose of, or encumber the whole or any part of its property necessary or useful in the performance of transportation services for the public or any certificate of public convenience and necessity or permit; nor shall any motor carrier, by any means, directly or indirectly, merge or consolidate its property, certificates of public conve­nience and necessity or permits, or any part thereof, with any other carrier, without first having secured from the public utilities commission an order authorizing it so to do. Every such sale, lease, assignment, mortgage, disposition, encumbrance, merger, or consolidation, made other than in accordance with the order of the commission authorizing the same is void.

(c) No carrier or person in control of a carrier shall, either directly or indirectly, purchase or acquire, take or hold, any part of the capital stock of any motor carrier organized or existing under or by virtue of the laws of this State without having been first authorized to do so by the commission. Every assignment, transfer of any stock by or through any person to any person, or otherwise, in violation of any of the provisions of this section is void and of no effect, and no transfer shall be made on the books of any motor carrier. Nothing herein shall prevent the holding of stock heretofore lawfully acquired.

(d) Whenever a transaction is proposed under subsection (b) or (c) of this section, the motor carrier or motor carriers, or person or persons, seeking approval thereof shall present an application to the commission in such form as the commis­sion may require and the commission may thereupon act upon the application with or without first holding a public hearing; provided that if requested, it shall afford reasonable opportunity for interested parties to be heard. If the commission finds that subject to such terms and conditions as it shall find to be just and reasonable the proposed transaction will be consistent with the public interests, the commission shall enter an order approving and authorizing the transaction, upon the terms and conditions, and with the modifications, so found to be just and reasonable. In passing upon any transaction under subsection (b) or (c), the commission shall give weight, among other considerations, to the effect of the proposed transaction upon (1) adequate transportation service to the public, (2) other motor carriers, and (3) the employees of any transferring motor carrier.

(e) Nothing in this section shall be construed to require a motor carrier to secure from the commission authority to lease motor vehicle equipment from another motor carrier for the purpose of meeting the requirements of transportation, to execute any conditional sales contract for the purchase of motor vehicle equipment or any note and chattel mortgage on motor vehicle equipment securing the payment of all or any part of the purchase price of motor vehicle equipment; nor shall this section prevent the sale, lease, encumbrance, or other disposition by any motor carrier of property which is not necessary or useful in the performance of its duties to the public, and any disposition of property by a motor carrier shall be conclusively presumed to be property which is not necessary or useful in the performance of its duties to the public as to any purchaser, lessee, or encumbrancer dealing with such property in good faith and for value.

(f) Pending the determination of an application filed with the commission for approval of a consolidation or merger of the properties of two or more motor carriers, or of a purchase, lease, or contract to operate the properties of one or more motor carriers, the commission may, in its discretion and without hearings or other pro­ceedings, grant temporary approval, for a period not exceeding one hundred twenty days or for such additional period as the determination of an application may require, of the operation of the motor carrier properties sought to be acquired by the persons proposing in the pending application to acquire the properties, if it shall appear that failure to grant this temporary approval may result in destruction of or injury to such motor carrier properties sought to be acquired, or to interfere substantially with their future usefulness in the performance of adequate and continuous service to the public. [L 1961, c 121, pt of §2; Supp, §106C-16; HRS §271-18]
Haw. Rev. Stat. § 269E-11 — HI Code / Division 1 / Title 15 / Chapter 269E / Section 269E-11
Remarking of operator's subsurface installation.
Status: in_force

(a) The excavator shall take reasonable care to maintain an operator's field markings.

(b) If at any time during an excavation for which there is a valid inquiry identification number an operator's field markings are no longer reasonably visible, the excavator shall shut down the excavation and contact the center and request remarking of the subsurface installations. The center shall, on the same day, contact the operator and request remarking.

(c) Upon receiving timely renotification pursuant to this section, the operator shall within five working days, and to the extent necessary, remark those subsurface installations that may be affected by the excavation in conformance with section 269E‑9(a)(4). The operator shall promptly notify the center when the requirements of this section are fulfilled.

(d) The excavator may continue excavation:

(1) After the center notifies the excavator that the operator has fulfilled the requirements of section 269E-11(c); or

(2) Five working days after the excavator requests remarking pursuant to section 269E-11(b); provided that this subsection shall not be construed as affording the excavator any immunity or protection from claims for damages or injuries relating to the excavation.

(e) If the excavator maintains the operator's field markings, then the excavator, when extending a location request ticket through the center, shall not request the operator to remark the operator's subsurface installations.

(f) The excavator shall notify the center of any operator's failure to comply with this section and of the applicable inquiry identification number.

(g) This section shall not apply to operators who comply with section 269E-9(a)(1), (2), or (3). [L 2004, c 141, pt of §1, §7; am L 2009, c 72, §3]
Haw. Rev. Stat. § 279D-1 — HI Code / Division 1 / Title 15 / Chapter 279D / Section 279D-1
Statement of purpose.
Status: in_force

The legislature finds that 23 United States Code sections 134-135 and 49 United States Code sections 5303-5304, as amended, and federal regulations adopted pursuant thereto, and other federal laws require that metropolitan planning organizations be designated based on a minimum population threshold as defined in federal law to act as a decision-making agency and to receive certain funds for the purpose of carrying out a continuing, cooperative, and comprehensive transportation planning process.

Metropolitan planning organizations have their own policy board and staff. It is the responsibility of the policy board to make decisions that are the result of the continuing, cooperative, and comprehensive transportation planning process, and the organization's staff support and provide technical resources to the policy board. The continuing, cooperative, and comprehensive planning process is designed to provide both orderly and reasoned metropolitan transportation planning within the framework of federal law, and adequate and informed representation from state and county governments, operators of public transportation receiving federal funds, the public at large, and others as identified in 23 Code of Federal Regulations part 450, subpart C. [L 2015, c 132, pt of §1; am L 2019, c 111, §9]
Haw. Rev. Stat. § 264-23 — HI Code / Division 1 / Title 15 / Chapter 264 / Section 264-23
Duties of director.
Status: in_force

The director of transportation shall:

(1) Select, designate, acquire, or lay out, in compliance with the requirements of the Federal Highway Act, a system or systems of highways in the State, upon which federal-aid funds may or are to be expended, together with state or county funds, or both;

(2) Alter, modify, revise, or acquire new or additional real property interests in support of the system or systems or any portion or portions thereof, to such extent as may be required by the administrator under the Federal Highway Act; provided the alteration, modification, revision, or acquisition of new or additional real property interests is not forbidden by the laws of the State and exempt from any county subdivision ordinances;

(3) Prepare, or cause to be prepared, and submit for approval to the administrator, in conformity with the Federal Highway Act, project statements setting forth proposed construction or reconstruction of any highway or portion thereof upon which federal-aid funds are proposed or desired to be expended in connection with local funds; and upon approval of any of the project statements, in conformity with the Federal Highway Act, prepare or cause to be prepared, and submit for approval to the administrator, the surveys, plans, specifications, and estimates for the project embraced by the statement, or any portion thereof, that the administrator may require;

(4) Subject to the approval of the administrator, and in conformity with the Federal Highway Act, on behalf of the State, undertake, and enter into contracts for, the construction of the federal-aid projects, and the expenditure of federal-aid funds, together with local funds, upon the projects, and supervise the construction of the projects; and

(5) Undertake and perform any and all acts that are necessary or proper for the purpose of complying with the Federal Highway Act and securing the benefits of federal-aid for highways which the State is eligible to receive under the Federal Highway Act.

The director may designate in writing a qualified subordinate who may sign vouchers, make routine reports, and perform any other routine duties that the director may deem necessary to delegate. All acts of the subordinate shall be performed under the direction of the director, who shall be responsible therefor. [L 1929, c 53, pt of §1; RL 1935, §1712; RL 1945, §4963; am L 1947, c 180, §2; RL 1955, §111-3; am L Sp 1959 2d, c 1, §26; HRS §264-23; am L 2008, c 12, §2]
Haw. Rev. Stat. § 271-5 — HI Code / Division 1 / Title 15 / Chapter 271 / Section 271-5
Exemptions, generally.
Status: in_force

Notwithstanding any other provisions of this chapter, its contents shall not apply to:

(1) Persons transporting their own property where the transportation is in furtherance of a primary business purpose or enterprise of that person, except where the transportation is undertaken by a motor carrier to evade the regulatory purposes of this chapter;

(2) Persons operating motor vehicles when engaged in the transportation of school children and teachers to and from school, and to and from school functions; provided that these persons may engage in providing transportation at special rates for groups of persons belonging to an eleemosynary or benevolent organization or association domiciled in the State where the organization or association sponsors or is conducting a nonregular excursion; provided further that whenever the persons engage in the transportation of persons other than those exempted in this paragraph, that portion of their operation shall not be exempt from this chapter. Nothing in this paragraph shall be construed to authorize any person to engage in the transportation of persons, other than the transportation of persons exempted by the terms of this paragraph, without a permit or certificate issued by the commission authorizing such transportation;

(3) Persons operating taxicabs or other motor vehicles utilized in performing a bona fide taxicab service. "Taxicab" includes:

(A) Any motor vehicle used in the movement of passengers on the public highways under the following circumstances, namely the passenger hires the vehicle on call or at a fixed stand, with or without baggage for transportation, and controls the vehicle to the passenger's destination;

(B) Any motor vehicle for hire having seating accommodations for eight or fewer passengers used in the movement of passengers on the public highways that may, as part of a continuous trip, pick up or discharge passengers from various unrelated locations; provided that they shall be regulated by the counties in accordance with section 46-16.5(c); provided further that this subparagraph shall not apply to any exclusive rights granted by the department of transportation for taxicab services at facilities under the department's control; and

(C) Any motor vehicle having seating accommodations for eight or fewer passengers used in the movement of passengers on the public highways between a terminal, i.e., a fixed stand, in the Honolulu district, as defined in section 4-1 and a terminal in a geographical district outside the limits of the Honolulu district, and vice versa, without picking up passengers other than at the terminals or fixed stands; provided that the passengers may be picked up by telephone call from their homes in the rural area or may be unloaded at any point between the fixed stands or may be delivered to their homes in the rural area;

(4) Persons operating motor vehicles in the transportation of persons pursuant to a franchise from the legislature and whose operations are presently regulated under chapter 269;

(5) Nonprofit agricultural cooperative associations to the extent that they engage in the transportation of their own property or the property of their members;

(6) Persons operating motor vehicles specially constructed for the towing of disabled or wrecked vehicles but not otherwise used in the transportation of property for compensation or hire;

(7) Persons operating motor vehicles in the transportation of mail, newspapers, periodicals, magazines, messages, documents, letters, or blueprints;

(8) Persons operating funeral cars or ambulances;

(9) Persons operating motor vehicles in the transportation of garbage or refuse;

(10) Persons operating the type of passenger carrying motor vehicles known as "sampan buses" within the radius of twenty miles from the city of Hilo, Hawaii;

(11) Persons transporting unprocessed pineapple to a cannery, seed corn to a processing facility, or returning any containers used in the transportation to the fields;

(12) Sugar plantations transporting sugarcane, raw sugar, molasses, sugar by-products, and farming supplies for neighboring farmers pursuant to contracts administered by the United States Department of Agriculture;

(13) Persons engaged in the ranching or meat or feed business who transport cattle to slaughterhouses for hire where such transportation is their sole transportation for hire and where their earnings from the transportation constitute less than fifty per cent of their gross income from their business and the transportation for hire;

(14) Persons transporting unprocessed raw milk to processing plants and returning any containers used in the transportation to dairy farms for reloading;

(15) Persons transporting animal feeds to animal husbandry farmers and farming supplies directly to animal husbandry farmers and returning any containers used in the transportation to these sources of the feeds and supplies for reloading;

(16) Persons engaged in transporting no more than fifteen passengers between their places of abode, or termini near such places, and their places of employment in a single daily round trip where the driver is also on the driver's way to or from the driver's place of employment;

(17) Persons transporting passengers without charge in motor vehicles owned or operated by the person, where the transportation is provided in conjunction with and in furtherance of a related primary business purpose or enterprise of that person, and the transportation is provided only directly to and from the place of business of the person, except that this exemption shall not apply to persons making any contract, agreement, or arrangement to provide, procure, furnish, or arrange for transportation as a travel agent or broker or a person engaged in tour or sightseeing activities, nor shall this exemption apply where the transportation is undertaken by a person to evade the regulatory purposes of this chapter;

(18) Persons conducting the type of county-regulated passenger carrying operation known as "jitney services". For the purposes of this paragraph, "jitney services" means public transportation services utilizing motor vehicles that have seating accommodations for six to twenty-five passengers, operate along specific routes during defined service hours, and levy a flat fare schedule; and

(19) Community-based organizations engaged in community-based economic development providing transportation services; provided that:

(A) The transportation services are operated within the parameters of a state- or county-approved plan that is contracted or regulated under the authority of that state or county government agency. The state or county government agency shall require, or may exceed, the minimum requirements for commercial and business insurance required under section 271-17;

(B) The community-based organization owns the transportation service-related assets, and these assets cannot be sold for personal gain for the duration of the exemption from this chapter;

(C) Community stakeholders have a role in the operation of the community-based organization; and

(D) The state or county government agency shall notify the commission of the agency's determination that the community-based organization qualifies for this exemption.

For the purposes of this paragraph:

"Community-based economic development" has the same meaning as defined in section 210D-2.

"Community-based organization" has the same meaning as defined in section 210D-2.

"Community stakeholders" means individuals, groups, or other organizations within the geographically defined area served by, and that have a direct interest in the activities and outcomes of, the community-based organization and community-based economic development. [L 1961, c 121, pt of §2; am L 1962, c 12, §§3, 4, 7; am L 1963, c 137, §2; am L 1965, c 215, §1; Supp, §106C-5; HRS §271-5; am L 1971, c 98, §1; am L 1973, c 193, §1; am L Sp 1977 1st, c 20, §2; am L 1978, c 66, §1; am L 1979, c 105, §26; gen ch 1985; am L 1988, c 286, §3; am L 1995, c 98, §2; am L 1997, c 120, §§2, 8; am L 2002, c 28, §2; am L 2025, c 257, §2]
Haw. Rev. Stat. § 273-9 — HI Code / Division 1 / Title 15 / Chapter 273 / Section 273-9
Arbitration of price.
Status: in_force

If any person entitled to such preemption desires to purchase the lands, and the person and the corporation do not agree to the price thereof, then the price shall be ascertained by arbitration. The cost of the arbitration shall be in the discretion of the arbitrators.
Haw. Rev. Stat. § 279G-2 — HI Code / Division 1 / Title 15 / Chapter 279G / Section 279G-2
Liability for promoters of ridesharing arrangements.
Status: in_force

(a) For purposes of this section the term "entity" refers to the State, the counties, schools, community organizations, private nonprofit organizations, rideshare coordinators, and employers who encourage participation in ridesharing arrangements.

(b) An entity shall not be liable for injuries to passengers and other persons because the entity provides information, incentives, or otherwise encourages the public, students, or employees to participate in ridesharing arrangements; provided that this section shall not apply if the motor vehicle used in the ridesharing arrangement is owned, leased, or contracted for by the entity. [L 1982, c 166, pt of §1; am L 1989, c 260, §1]
Haw. Rev. Stat. § 269-47 — HI Code / Division 1 / Title 15 / Chapter 269 / Section 269-47
[ §269-47] Electric power systems data access and transparency; principles.
Status: in_force

[ §269-47] Electric power systems data access and transparency; principles. (a) The commission, in carrying out its responsibilities under this chapter, shall consider the value of improving electric power systems data access and transparency within the State in order to empower ratepayers, improve decision-making related to reliability and operational efficiency of the electric system, maximize the value of grid modernization technologies and investments, and promote innovation and economic development opportunities related to electric power systems data analysis.

(b) In advancing the public interest, the commission shall balance consumer privacy, critical infrastructure security, grid modernization, and economic innovation considerations associated with electric power systems data access and transparency, including but not limited to the following principles:

(1) Enabling ratepayers to access their energy consumption and production data;

(2) Enabling ratepayers to authorize third-party data access, and allow verification of third-party authorization through electronic signature;

(3) Increasing the amount of publicly-available data related to utility generation, transmission, and distribution systems, as well as non-utility data from third parties that provide generation or non-wire alternatives to individual customers or the grid; and

(4) Ensuring that electric power systems data is made available through simple, electronic, consistent, machine-readable formats with temporal and geographic granularity. [L 2019, c 239, §1]
Haw. Rev. Stat. § 271G-15 — HI Code / Division 1 / Title 15 / Chapter 271G / Section 271G-15
Suspension, change, and revocation of certificates.
Status: in_force

Certificates shall be effective from the date specified therein, and shall remain in effect until suspended or terminated as herein provided. Any certificate may, upon application of the holder thereof, in the discretion of the public utilities commission, be amended or revoked, in whole or in part, or may upon complaint, or on the commission's own initiative, after notice and hearing, be suspended, changed, or revoked, in whole or in part, for wilful failure to comply with any provisions of this chapter, or with any lawful order, rule, or regulation of the commission promulgated thereunder, or with any term, condition, or limitation of the certificate; provided that no such certificate shall be revoked (except upon application of the holder) unless the holder thereof wilfully fails to comply within a reasonable time, not less than thirty days, to be fixed by the commission, with a lawful order of the commission, made as provided in this chapter, commanding obedience to this chapter, or to the rule or regulation of the commission thereunder, or to the term, condition, or limitation of the certificate or permit, found by the commission to have been violated by the holder; and provided further that the right to engage in transportation by virtue of any certificate or any application filed pursuant to section 271G-10 or by virtue of temporary authority under section 271G-12 may be suspended by the commission, upon reasonable notice of not less than fifteen days to the carrier, but without hearing or other proceedings, for failure to comply, and until compliance, with section 271G-17(a) or with any lawful order, rule, or regulation of the commission promulgated thereunder.
Haw. Rev. Stat. § 269-15.6 — HI Code / Division 1 / Title 15 / Chapter 269 / Section 269-15.6
Alternative dispute resolution.
Status: in_force

The commission may require the parties in any matter before the commission to participate in nonbinding arbitration, mediation, or other alternative dispute resolution process prior to the hearing.
Haw. Rev. Stat. § 264-20 — HI Code / Division 1 / Title 15 / Chapter 264 / Section 264-20
Flexibility in highway design; liability of State, counties, and public utilities.
Status: in_force

(a) If a highway, including any bridge, principal and minor arterial road, collector and local road, or street, requires new construction, reconstruction, preservation, resurfacing (except for maintenance surfacing), restoration, or rehabilitation, the department of transportation with regard to a state highway, or a county with regard to a county highway, may select or apply flexible highway design guidelines consistent with practices used by the Federal Highway Administration and the American Association of State Highway and Transportation Officials. Flexibility in highway design shall consider, among other factors:

(1) Safety, durability, and economy of maintenance;

(2) The constructed and natural environment of the area;

(3) Community development plans and relevant county ordinances;

(4) Sites listed on the State or National Register of Historic Places;

(5) The environmental, scenic, aesthetic, historic, community, and preservation impacts of the activity;

(6) Access for other modes of transportation, including but not limited to bicycle and pedestrian transportation;

(7) Access to and integration of sites deemed culturally and historically significant to the communities affected;

(8) Acceptable engineering practices and standards; and

(9) Safety studies and other pertinent research.

(b) Any other law to the contrary notwithstanding, any decision by the State, the department of transportation, a county, or any officers, employees, or agents of the State, the department of transportation, or a county to select or apply flexibility in highway design pursuant to this section and consistent with the practices used by the Federal Highway Administration and the American Association of State Highway and Transportation Officials shall not give rise to a cause of action or claim against:

(1) The State;

(2) The department of transportation;

(3) The counties;

(4) Any public utility regulated under chapter 269 that places its facilities within the highway right-of-way; or

(5) Any officer, employee, or agent of an entity listed in paragraphs (1) to (4).

(c) The exception to liability provided in subsection (b) applies only to the decision to select or apply flexibility in highway design pursuant to this section and does not extend to design, construction, repair, correction, or maintenance inconsistent with subsection (a). [L 2005, c 185, §2; am L 2006, c 70, §1]
Haw. Rev. Stat. § 269-53 — HI Code / Division 1 / Title 15 / Chapter 269 / Section 269-53
Legal counsel.
Status: in_force

The executive director of the division of consumer advocacy may appoint or retain, without regard to chapter 76, attorneys to provide legal services for the division of consumer advocacy. Nothing in this section precludes the director of commerce and consumer affairs or the executive director of the division of consumer advocacy from requesting and securing legal services from the attorney general and the department of the attorney general.
Haw. Rev. Stat. § 271-9.5 — HI Code / Division 1 / Title 15 / Chapter 271 / Section 271-9.5
Electronic copies of documents.
Status: in_force

(a) No later than July 1, 2011, the public utilities commission shall accept from any person who submits a document to the commission the original or one electronic copy of each application, complaint, pleading, brief, or other document required to be filed with the commission pursuant to this chapter, and the consumer advocate shall accept service of one paper or electronic copy of each application, complaint, pleading, brief, or other document filed with the commission.

(b) The commission shall adopt rules pursuant to chapter 91 to effectuate the purposes of this section. Until the final adoption by the commission of rules governing the electronic filing of documents with the commission, the following requirements shall apply to all documents submitted to the commission pursuant to this section; provided that additional requirements with regard to document format may be established by the commission through written guidelines:

(1) Unless otherwise required by this chapter or the guidelines of the commission, each person who submits or files an application, complaint, pleading, brief, or other document shall submit to or file with the commission an original or one electronic copy of each document and shall serve one paper or electronic copy of each document on the consumer advocate;

(2) All paper documents submitted to or filed with the commission shall be printed on one side of the page only and, if practicable, in portrait orientation;

(3) Original paper documents submitted to or filed with the commission shall not be stapled but shall be clipped together or placed in a clearly marked three-ring binder, as appropriate;

(4) All paper documents filed or submitted to the commission shall include appropriately labeled separator pages in addition to tabbed dividers, as applicable;

(5) All confidential documents filed under confidential seal shall be clearly designated in accordance with the requirements of any applicable protective order, and the sealed envelope in which the confidential documents are enclosed shall clearly indicate the appropriate docket number and subject; and

(6) Electronic documents shall be named using the filing party's name, docket number, date of filing, and name of document as part of the document title.

Upon final adoption of rules pursuant to chapter 91, the rules of the commission governing submission or filing of electronic documents shall supersede the provisions of this subsection.

(c) No later than July 1, 2013, the public utilities commission shall accept any application, complaint, pleading, brief, or other document required to be filed with the commission pursuant to this chapter as either a paper document or an electronic document.

(d) If a signature is required on any document submitted electronically pursuant to this section, that requirement shall be satisfied by the inclusion of an electronic signature. Chapter 489E shall apply to all electronic documents submitted pursuant to this section. [L 2011, c 69, §2; am L 2021, c 72, §7]
Haw. Rev. Stat. § 265A-1 — HI Code / Division 1 / Title 15 / Chapter 265A / Section 265A-1
County authority.
Status: in_force

The several councils or other governing bodies of the several political subdivisions of the State shall have the general supervision, charge, and control of, and the duty to maintain and repair, all county highways, bikeways, and sidewalks and shall have the power to determine the terms under which irrigation or drainage ditches, flumes, railroads, including plantation railroads and similar structures, telephone, electric light and power lines and pipes and other conduits may be maintained upon, under, over, and across the same, and the councils or other governing bodies may make all regulations needful for the public convenience and safety in all cases where permission has been or may be granted to maintain the ditches, railroads, pipes, or other structures across, under, over, and upon all county highways. Any other law to the contrary notwithstanding, the several counties by ordinance may take over, or receive by dedication or otherwise, any private street or way or may improve, grade, repair, or do any construction work upon private streets, ways, pavement, water lines, street lighting systems, or sewer repairs.
Haw. Rev. Stat. § 269-40 — HI Code / Division 1 / Title 15 / Chapter 269 / Section 269-40
Access to advanced services.
Status: in_force

The commission shall ensure that all consumers are provided with nondiscriminatory, reasonable, and equitable access to high quality telecommunications network facilities and capabilities that provide subscribers with sufficient network capacity to access information services that provide a combination of voice, data, image, and video.
Haw. Rev. Stat. § 261E-11 — HI Code / Division 1 / Title 15 / Chapter 261E / Section 261E-11
Suspension, change, and revocation of certificates.
Status: in_force

(a) Certificates shall be effective from the date specified and shall remain in effect until suspended or terminated as provided in this section.

(b) Any certificate, upon application of the certificate holder, in the discretion of the air carrier commission, may be amended or revoked in whole or in part. Upon complaint, or on the commission's own initiative, a certificate may be suspended, changed, or revoked in whole or in part for wilful failure by the holder or any related company to comply with this chapter, or with any lawful order or rule of the commission, or with any term, condition, or limitation of the certificate. No certificate shall be revoked except upon application of the holder unless the certificate holder or any related company wilfully fails to comply, within a reasonable time that shall not be fewer than thirty days and that shall be fixed by the commission, with a lawful order of the commission, rule of the commission, or to a term, condition, or limitation of the certificate or permit.

(c) The right to engage in transportation by virtue of any certificate issued pursuant to section 261E-8 or by virtue of temporary authority or approval granted under section 261E-9 or 261E-10, may be suspended by the commission upon reasonable notice of not fewer than fifteen days to the carrier, but without hearing or other proceedings, for failure to comply by the carrier or any related company, with the terms of the certificate or temporary authority or approval or with any lawful order or rule of the commission regarding the certificate or temporary authority or approval. [L Sp 2008, c 1, pt of §2]
Haw. Rev. Stat. § 269-145 — HI Code / Division 1 / Title 15 / Chapter 269 / Section 269-145
Grid access; procedures for interconnection; dispute resolution.
Status: in_force

(a) Each user, owner, or operator of the Hawaii electric system, or any other person, business, or entity seeking to make an interconnection on the Hawaii electric system shall do so in accordance with procedures to be established by the commission by rule or order.

(b) The commission shall have the authority to make final determinations regarding any dispute between any user, owner, or operator of the Hawaii electric system, or any other person, business, or entity connecting to the Hawaii electric system, concerning either an existing interconnection on the Hawaii electric system or an interconnection to the Hawaii electric system created under the processes established by the commission under this section. [L 2012, c 166, pt of §2]
Haw. Rev. Stat. § 269E-16 — HI Code / Division 1 / Title 15 / Chapter 269E / Section 269E-16
Reconsideration and rehearings.
Status: in_force

After any order or decision has been made by the public utilities commission, any party to the proceeding may apply once for reconsideration or a rehearing in respect to any matter determined in the proceeding and specified in the motion for reconsideration or rehearing. The motion for reconsideration or a rehearing shall be filed within ten days after the decision and order has been served and shall set forth specifically the ground or grounds on which the applicant considers the decision or order to be unlawful. No person shall in any court urge or rely on any ground not so set forth in the motion. A motion for reconsideration or rehearing shall not excuse any person from complying with and obeying any order or decision, or any requirement of any order or decision of the commission theretofore made, or operate in any manner to stay or postpone the enforcement thereof, except in such cases and upon such terms as the commission by order directs. If, after reconsideration or rehearing the commission is of the opinion that the original order or decision, or any part thereof, is in any respect unjust or unwarranted, or should be changed, the commission may abrogate, change, or modify it. The order or decision abrogating, changing, or modifying the original order or decision shall have the same force and effect as an original order or decision, but shall not affect any right or the enforcement of any right arising from or by virtue of the original order or decision unless so ordered by the commission.
Haw. Rev. Stat. § 261-13.6 — HI Code / Division 1 / Title 15 / Chapter 261 / Section 261-13.6
Helicopter master plan; advisory committee.
Status: in_force

(a) The legislature recognizes that air traffic congestion on the ground constitutes a serious safety problem and reduces the efficient and effective use of the limited space in airport facilities. The legislature also recognizes the increased use of airport facilities by helicopters for commercial purposes.

The legislature is determined to ensure that all possible actions are taken to promote safety, alleviate safety hazards, and reduce congestion at airports under the State's control. The department of transportation shall do everything within its authority to enhance the safe use of the State's airports and shall cooperate with appropriate federal agencies and other affected parties to assist the agencies in meeting their responsibilities to alleviate safety hazards. In carrying out this responsibility, the department shall develop and implement a master plan, hereinafter referred to as the "helicopter master plan", for helicopter operations for each airport under the State's control.

(b) The director shall adopt a helicopter master plan for each state airport that shall include but not be limited to:

(1) The extent, type, nature, location, and timing of helicopter operations and helicopter facilities development at each state airport;

(2) The layout plans of existing and proposed helicopter facilities at each state airport;

(3) The determination of the maximum number of helicopters that can be accommodated at each state airport;

(4) The determination of the extent of emergency services, maintenance, and operations at each state airport; and

(5) An assessment of impact on surrounding areas.

(c) The director shall not make or permit any addition or alteration to any helicopter facilities at any state airport other than those additions or alterations in conformity with the helicopter master plan for that state airport.

(d) The helicopter master plan shall be submitted to the legislature no later than twenty days prior to the convening of the regular session of 1989, and thereafter shall be formally reviewed every five years.

(e) There is established an advisory committee within each county which shall sit in an advisory capacity to the director on matters relating to the helicopter master plan for each state airport. Each advisory committee shall consist of not more than thirteen members to be appointed by the director and whose membership shall include representatives from the helicopter industry and the communities adjacent to the airport. Each advisory committee shall be placed for administrative purposes only, within the department of transportation. Each member of an advisory committee shall serve without compensation.

(f) For the purposes of this section, "helicopter operation" means the operation of a helicopter company from an airport under the State's control. [L 1988, c 397, §1]
Haw. Rev. Stat. § 269-16.95 — HI Code / Division 1 / Title 15 / Chapter 269 / Section 269-16.95
Emergency telephone service; capital costs; ratemaking.
Status: in_force

(a) A public utility providing local exchange telecommunications services may recover the capital cost and associated operating expenses of providing a statewide 911 emergency telephone service in the public switched telephone network, through:

(1) A telephone line surcharge; or

(2) Its rate case.

(b) Notwithstanding the commission's rules on ratemaking, the commission shall expedite and give highest priority to any necessary ratemaking procedures related to providing a statewide 911 emergency telephone service; provided that the commission may set forth conditions and requirements that the commission determines are in the public interest.

(c) The commission shall require every public utility providing statewide 911 emergency telephone service to maintain a separate accounting of the costs of providing a 911 emergency service and the revenues received from related surcharges until the next general rate case. The commission shall further require that every public utility imposing a surcharge shall identify such as a separate line item on all customer billing statements.

(d) This section shall not preclude the commission from changing any rate, established pursuant to this section, either specifically or pursuant to any general restructuring of all telephone rates, charges, and classifications. [L 1993, c 223, §2; am L 1997, c 94, §1; am L 2024, c 66, §10]
Haw. Rev. Stat. § 269-30 — HI Code / Division 1 / Title 15 / Chapter 269 / Section 269-30
Finances; public utility fee.
Status: in_force

(a) Sections 607‑5 to 607-9 shall apply to the public utilities commission and each commissioner, as well as to the supreme and circuit courts, and all costs and fees paid or collected pursuant to this section shall be deposited with the director of finance to the credit of the public utilities commission special fund established under section 269-33.

(b) There also shall be paid to the public utilities commission in each of the months of July and December of each year, by each public utility subject to investigation by the public utilities commission, a fee equal to one-fourth of one per cent of the gross income from the public utility's business during the preceding year, or the sum of $30, whichever is greater. This fee shall be deposited with the director of finance to the credit of the public utilities commission special fund.

(c) Each public utility paying a fee under subsection (b) may impose a surcharge to recover the amount paid above one-eighth of one per cent of gross income. The surcharge imposed shall not be subject to the notice, hearing, and approval requirements of this chapter; provided that the surcharge may be imposed by the utility only after thirty days' notice to the public utilities commission. Unless ordered by the public utilities commission, the surcharge shall be imposed only until the conclusion of the public utility's next rate case; provided that the surcharge shall be subject to refund with interest at the public utility's authorized rate of return on rate base if the utility collects more money from the surcharge than actually paid due to the increase in the fee to one-fourth of one per cent.

(d) Notwithstanding any provision of this chapter to the contrary, the public utilities commission may, upon the filing of a petition by a public utility, credit a public utility for amounts paid under subsection (b) toward amounts the public utility owes in one call center fees under section 269E-6(f). [L 1913, c 89, §17; am L 1913, c 137, §1; RL 1925, §2207; am L 1933, c 169, §5; RL 1935, §7965; RL 1945, §4726; am L 1949, c 180, §1; am L 1955, c 206, §2; RL 1955, §104-27; am L 1959, c 265, §14; am L Sp 1959 2d, c 1, §14; am L 1963, c 114, §1; HRS §269-30; am L 1973, c 149, §1(d); am L 1981, c 167, §3; am L 1994, c 226, §3; am L 2004, c 141, §§2, 7; am L 2005, c 22, §51; am L 2009, c 72, §3; am L 2012, c 165, §6; am L 2017, c 205, §5]
Haw. Rev. Stat. § 269-19.5 — HI Code / Division 1 / Title 15 / Chapter 269 / Section 269-19.5
Relations with an affiliated interest; definition; contracts with affiliates filed and subject to commission action.
Status: reserved

(a) For purposes of this section "affiliated interests" with a public utility includes the following:

(1) Every person owning or holding, directly or indirectly, ten per cent or more of the voting securities of a public utility, and every person having ownership of ten per cent or more of voting securities of a person owning ten per cent or more of the voting securities of a public utility;

(2) Every corporation ten per cent or more of whose voting securities is owned by any person owning ten per cent or more of the voting securities of a public utility;

(3) Every person who is an officer or director of a public utility;

(4) Every corporation operating a public utility, or providing engineering, accounting, legal, or similar service to public utilities or common carriers by water, which has three or more officers or three or more directors in common with a public utility, and every other corporation which has directors in common with a public utility where the number of common directors is more than one-third of the total number of the utility's directors.

(b) The purpose of this section is to encourage companies providing essential utility and regulated transport service to Hawaii consumers to obtain their services, supplies, and equipment by relying, to the extent practicable, on competitive procurement practices; provided that when companies obtain their services, supplies, and equipment from affiliated interests, the contracts and agreements between the regulated entity and its affiliates must be shown by clear and convincing evidence to be in furtherance of the interests of the public.

(c) No contract or agreement providing for the furnishing of management, supervisory, construction, engineering, accounting, legal, financial, or similar services, and no contract or agreement for the purchase, sale, lease, furnishing, or exchange of any real or personal property rights, including but not limited to real estate, improvements on land, equipment, leasehold interests, easements, rights-of-way, franchises, licenses, permits, trademarks, and copyrights, made or entered into after July 1, 1988, between a public utility and any affiliated interest shall be valid or effective unless and until the contract or agreement has been received by the commission. It shall be the duty of every public utility to file with the commission a verified paper or electronic copy of any contract or agreement with an affiliate having a face value of at least $300,000, or a verified summary of any unwritten contract or agreement having a face value of at least $300,000 within forty-five days of the effective date of the contract or agreement. Each and every contract or agreement between a public utility and an affiliate for capital expenditures, other than for real property or an interest therein, shall be accompanied with price quotations provided by at least two nonaffiliated suppliers, providers, or purveyors, or if the price quotations cannot be obtained without substantial expense to the utility, the public utility shall verify that fact by affidavit; provided that all contracts or agreements effective at the time of a general rate proceeding, which were discoverable and subject to review by the commission, shall be valid and not subject to subsequent regulatory review and action by the commission; provided further that notwithstanding any other provision to the contrary, there shall be no transfer of real property, or interest in real property, between a public utility and an affiliate without prior approval of the commission, after hearing, wherein the public utility must show that the transfer is in the best interest of the public utility and all of its customers.

No affirmative action is required by the commission with regard to the filing of the contract or agreement; provided that if the commission, in its discretion, determines that the terms and conditions of the contract or agreement to be unreasonable or otherwise contrary to the public interest, the commission shall notify the public utility of its determination, whereupon the public utility shall have the option to alter, revise, amend, or terminate the contract or agreement, or assume the risk that future payments for performance of the contract or agreement will be deemed unreasonable and excluded by the commission for ratemaking purposes.

(d) In any proceeding, whether upon the commission's own motion or upon application or complaint, involving the rates or practices of any public utility, the commission may exclude from the accounts of the public utility any payment or compensation to an affiliated interest for any services rendered or property or service furnished, as above described, under existing contracts or agreements with the affiliated interest unless the public utility shall establish by clear and convincing evidence the reasonableness of the payment or compensation.

(e) The commission shall have continuing supervisory control over the terms and conditions of the contracts and agreements above described so far as necessary to protect and promote the public interest. The commission shall have the same jurisdiction over modifications of or amendments to contracts or agreements as it has over original contracts or agreements. The fact that the public utility may have entered into contracts or agreements without submittal of documents to the commission shall not preclude disallowance or disapproval of payments made pursuant thereto, for ratemaking purposes, if upon actual experience under the contracts or agreements it appears that the payments provided for or made are or were unreasonable. Every contract or agreement shall be expressly conditioned upon the reserved power of the commission to take appropriate ratemaking actions if, and as necessary, subsequent to submittal of the contract or agreement in order to protect and promote the public interest.

(f) Whenever the commission shall discover that any public utility is giving effect to any contract or agreement without the contract or agreement having been received by the commission for review, as required by this section, the commission has authority to issue an order to the public utility to show cause why the public utility should not cease and desist from making any payments or otherwise giving any effect to the terms of the contract or agreement, and the public utility shall have the opportunity to show with clear and convincing evidence that the contract or agreement is in the best interest of the public utility and all of its customers.

(g) None of the provisions of this section shall apply to transactions with affiliated interests where the total consideration involved in a transaction is less than $300,000 for any calendar year provided that multiple payments under any contract or agreement shall be added together for purposes of construing this provision; and provided, further, that the provisions of this section shall apply to any contract or agreement structured specifically to avoid regulation hereunder.

(h) Transactions between affiliated Hawaii based utilities, and any transactions by public utilities providing basic exchange service to every county in the State, shall be exempt from the provisions of this section. [L 1988, c 368, §1; am L 2019, c 229, §3; am L 2021, c 72, §6]
Haw. Rev. Stat. § 264-89 — HI Code / Division 1 / Title 15 / Chapter 264 / Section 264-89
Interpretation.
Status: in_force

Nothing in this part shall be construed to abrogate or affect the provisions of any lawful ordinance or regulation which are more restrictive than this part.
Haw. Rev. Stat. § 279A-5 — HI Code / Division 1 / Title 15 / Chapter 279A / Section 279A-5
Preparation of budget.
Status: in_force

[§279A-5 Preparation of budget.] The operations of the council will be financed by funds appropriated by section 79A, Act 218, Session Laws of Hawaii, 1973, as amended by section 9, Act 218, Session Laws of Hawaii, 1974. An annual recommended budget for the council shall be prepared by its chairperson and submitted to the council for approval. Funds may be expended for staff services, administrative and operating costs, travel and per diem costs of council members and staff, hiring of consultants to assist in work program formulation, planning and research, publication of materials, and any other activities necessary and incidental to the effective operations of the council in fulfilling the purposes of this chapter.
Haw. Rev. Stat. § 269-21 — HI Code / Division 1 / Title 15 / Chapter 269 / Section 269-21
§§269-21 and 269-22 REPEALED.
Status: repealed

§§269-21 and 269-22 REPEALED. L 1969, c 55, §2.
Haw. Rev. Stat. § 263A-2 — HI Code / Division 1 / Title 15 / Chapter 263A / Section 263A-2
Persons qualified to take blood specimen.
Status: in_force

No person, other than a physician, registered nurse, or person licensed in a clinical laboratory occupation under section 321-13, may withdraw blood for the purpose of determining the alcoholic content therein. This limitation shall not apply to the taking of a breath specimen.
Haw. Rev. Stat. § 277-1 — HI Code / Division 1 / Title 15 / Chapter 277 / Section 277-1
Findings and declaration of necessity.
Status: in_force

The legislature finds and declares that:

(1) There is a critical problem in establishing convenient and economical means for transporting fuels and other sources of energy from the places of manufacture or storage to distribution areas within the State of Hawaii or the places of consumption;

(2) There would be a maximization of the use of available lands if a state agency were to be authorized to acquire, hold and manage energy corridors consisting of lands or interest therein, thereby controlling the use thereof;

(3) Competition would be fostered and thereby a reduction in cost to consumers would be realized if the State could make available energy corridors as the location for the facilities necessary for the transportation of sources of energy;

(4) The department of transportation is the agency of the State best able to manage and control the energy corridors. The legislature also finds that the acquisition of private property for the aforementioned purposes is necessary, and that such acquisition is for a public use. [L 1970, c 33, §1]
Haw. Rev. Stat. § 269-34 — HI Code / Division 1 / Title 15 / Chapter 269 / Section 269-34
Obligations of telecommunications carriers.
Status: in_force

In accordance with conditions and guidelines established by the commission to facilitate the introduction of competition into the State's telecommunications marketplace, each telecommunications carrier, upon bona fide request, shall provide services or information services, on reasonable terms and conditions, to an entity seeking to provide intrastate telecommunications, including:

(1) Interconnection to the telecommunications carrier's telecommunications facilities at any technically feasible and economically reasonable point within the telecommunications carrier's network so that the networks are fully interoperable;

(2) The current interstate tariff used as the access rate until the commission can adopt a new intrastate local service interconnection tariff pursuant to section 269-37;

(3) Nondiscriminatory and equal access to any telecommunications carrier's telecommunications facilities, functions, and the information necessary to the transmission and routing of any telecommunications service and the interoperability of both carriers' networks;

(4) Nondiscriminatory access among all telecommunications carriers, where technically feasible and economically reasonable, and where safety or the provision of existing electrical service is not at risk, to the poles, ducts, conduits, and rights-of-way owned or controlled by the telecommunications carrier, or the commission shall authorize access to electric utilities' poles as provided by the joint pole agreement, commission tariffs, rules, orders, or Federal Communications Commission rules and regulations;

(5) Nondiscriminatory access to the network functions of the telecommunications carrier's telecommunications network, that shall be offered on an unbundled, competitively neutral, and cost-based basis;

(6) Telecommunications services and network functions without unreasonable restrictions on the resale or sharing of those services and functions; and

(7) Nondiscriminatory access of customers to the telecommunications carrier of their choice without the need to dial additional digits or access codes, where technically feasible. The commission shall determine the equitable distribution of costs among the authorized telecommunications carriers that will use such access and shall establish rules to ensure such access.

Where possible, telecommunications carriers shall enter into negotiations to agree on the provision of services or information services without requiring intervention by the commission; provided that any such agreement shall be subject to review by the commission to ensure compliance with the requirements of this section. [L 1995, c 225, pt of §2]
Haw. Rev. Stat. § 271G-21 — HI Code / Division 1 / Title 15 / Chapter 271G / Section 271G-21
Recovery of overcharges or undercharges.
Status: in_force

(a) All actions by water carriers or common carriers by water for the recovery of their charges, or any part thereof, shall be begun within three years from the time the cause of action accrues, and not after.

(b) For recovery of overcharges, actions shall be begun within three years from the time the cause of action accrues, and not after, subject to subsection (c) of this section, except that if claim for the overcharge has been presented in writing to the carrier within the three-year period of limitation the period shall be extended to include six months from the time notice in writing is given by the carrier to the claimant of disallowance of the claim, or any part or parts thereof specified in the notice.

(c) If on or before the expiration of the three-year period of limitation in subsection (b) a common carrier by water begins action under subsection (a) for recovery of charges in respect of the same transportation service, or, without beginning action, collects charges in respect of that service, the period shall be extended to include ninety days from the time the action is begun or the charges are collected by the carrier.

(d) The cause of action in respect of a shipment of property shall, for the purpose of this section, be deemed to accrue upon delivery or tender of delivery thereof by the carrier, and not after.

(e) The term "overcharges" as used in this section means charges for transportation services in excess of those applicable thereto under the tariffs lawfully on file with the commission. [L 1974, c 94, pt of §1]
Haw. Rev. Stat. § 261-18 — HI Code / Division 1 / Title 15 / Chapter 261 / Section 261-18
Hazard pay for employees.
Status: in_force

Any employee of the airports division of the department of transportation who performs fire, crash, or any other aircraft emergency rescue duties, in addition to the employee's regular assignment, shall receive hazard pay in accordance with the following schedule:

(1) $25 for each and every drill attended;

(2) $20 for each and every response to a fire, crash, or any other aircraft emergency rescue call-out which results in stand by duty only;

(3) For any fire, crash, or other aircraft emergency rescue call-out resulting in the actual participation in rescue operations, $50 for the first hour or fraction thereof, and $20 for each additional hour or fraction thereof.

Hazard pay shall be paid out of the special funds of the airports division of the department. [L 1964, c 54, §§2, 3; Supp, §15-6.5; HRS §261-18; gen ch 1985; am L 1990, c 148, §1]
Haw. Rev. Stat. § 271-33 — HI Code / Division 1 / Title 15 / Chapter 271 / Section 271-33
Appeals.
Status: in_force

From the order made on an application for reconsideration or rehearing by the public utilities commission under this chapter, an appeal shall lie, subject to chapter 602, in the manner and within the time provided for civil appeals from the circuit courts and by the rules of court; provided that the order is final, or if preliminary, is of the nature defined by section 91-14(a). The appeal, of itself, shall not stay the operation of the order appealed from, but the court may stay the same after a hearing upon a motion therefor and may impose such conditions as it may deem proper as to giving a bond and keeping the necessary accounts or otherwise to secure a restitution of the excess charges, if any, made during the pendency of the appeal, in case the order appealed from is sustained, reversed, or modified in whole or in part.
Haw. Rev. Stat. § 269-8.2 — HI Code / Division 1 / Title 15 / Chapter 269 / Section 269-8.2
Location of records.
Status: in_force

A public utility shall keep and maintain within the State such records, books, papers, accounts, and other documents as the public utilities commission may determine are necessary to its effective regulation.
Haw. Rev. Stat. § 264-12 — HI Code / Division 1 / Title 15 / Chapter 264 / Section 264-12
Penalty for violations.
Status: in_force

Any person, including any public officer or employee who violates section 264-6, shall be fined not more than $250 or imprisoned not more than three months, or both.
Haw. Rev. Stat. § 261-52 — HI Code / Division 1 / Title 15 / Chapter 261 / Section 261-52
Powers.
Status: in_force

In addition and supplemental to the powers granted to the department by law, the department may:

(1) With the approval of the governor, enter into a special facility lease or an amendment or supplement thereto whereby the department agrees to construct, acquire, or remodel and furnish or equip a special facility solely for the use by another person to a special facility lease;

(2) With the approval of the governor, issue special facility revenue bonds in principal amounts that may be necessary to yield the amount of the cost of any construction, acquisition, remodeling, furnishing, and equipping of any special facility, including the costs of acquisition of the site thereof; provided that the total principal amount of the special facility revenue bonds which may be issued pursuant to the authorization of this paragraph shall not exceed $200,000,000; provided further that these funds shall not be expended on nonpublic air facilities;

(3) With the approval of the governor, issue refunding special facility revenue bonds with which to provide for the payment of outstanding special facility revenue bonds (including any special facility revenue bonds theretofore issued for this purpose) or any part thereof; provided any issuance of refunding special facility revenue bonds shall not reduce the principal amount of the bonds which may be issued as provided in paragraph (2);

(4) Perform and carry out the terms and provisions of any special facility lease;

(5) Notwithstanding section 103-7 or any other law to the contrary, acquire, construct, or remodel and furnish or equip any special facility, or accept the assignment of any contract therefor entered into by the other person to the special facility lease;

(6) Construct any special facility on land owned by the State; provided that no funds derived herein will be expended for land acquisition; and

(7) Agree with the other person to the special facility lease whereby any acquisition, construction, remodeling, furnishing, or equipping of the special facility and the expenditure of moneys therefor shall be undertaken or supervised by another person. [L 1971, c 160, pt of §1; am L 1977, c 29, §1; am L 1982, c 146, §1; am L 1991, c 168, §1; am L Sp 1993, c 8, §55; am L 1998, c 284, §1; am L 2004, c 216, §32]
Haw. Rev. Stat. § 264-3 — HI Code / Division 1 / Title 15 / Chapter 264 / Section 264-3
Disposal of abandoned public highway.
Status: in_force

Whenever a public highway, or any portion thereof is at any time vacated, closed, abandoned, or discontinued, the public highway shall be used or disposed of for the use of the State in the case of a state highway as provided by law and for the use of the county in which the highway lies in the case of a county highway; provided that:

(1) In the case of a county highway, before it is disposed of in any way, it shall be first offered to the abutters for a reasonable length of time and at a reasonable price, and if they do not take the county highway, then it may be sold at public auction; and

(2) If any county highway, the right-of-way for which has been acquired in whole or in part by expenditure of federal funds, is abandoned and disposed of, the necessary portion of the proceeds from the sale thereof shall be remitted to the State for reimbursement or credit to the Federal Highway Administration, if reimbursement or credit is so required. [L 1963, c 190, §3; am L 1965, c 221, §2; Supp, §142-2.5; HRS §264-3; am L 1993, c 288, §2]
Haw. Rev. Stat. § 261-17.5 — HI Code / Division 1 / Title 15 / Chapter 261 / Section 261-17.5
Arrest or citation.
Status: in_force

(a) Except when required by state law to take immediately before a district judge a person arrested for a violation of any provision of this chapter, including any rule adopted pursuant to this chapter, any person authorized to enforce the provisions of this chapter, hereinafter referred to as an "enforcement officer", upon arresting a person for violation of any provision of this chapter, including any rule adopted pursuant to this chapter, shall in the discretion of the enforcement officer:

(1) Issue to the purported violator a summons or citation, printed in the form hereinafter described, warning the purported violator to appear and answer to the charge against the purported violator at a certain place and at a time within seven days after the arrest; or

(2) Take the purported violator without unnecessary delay before a district judge.

(b) The summons or citation shall be printed in a form comparable to the form of other summonses and citations used for arresting offenders and shall be designed to include all necessary information. The form and content of the summons or citation shall be adopted or prescribed by the district courts.

Summonses and citations shall be consecutively numbered, and the carbon copy or copies of each shall bear the same number.

(c) The original of a summons or citation shall be given to the purported violator and the other copy or copies distributed in the manner prescribed by the district courts; provided that the district courts may prescribe alternative methods of distribution for the original and any other copies.

(d) Any person who fails to appear at the place and within the time specified in the summons or citation issued to the person by the enforcement officer, upon the person's arrest for violation of any provision of this chapter, including any rule adopted pursuant to this chapter, shall be guilty of a misdemeanor and, on conviction, shall be fined not more than $1,000, or be imprisoned not more than six months, or both.

If any person fails to comply with a summons or citation issued to the person, or if any person fails or refuses to deposit bail as required, the enforcement officer shall cause a complaint to be entered against the person and secure the issuance of a warrant for the person's arrest. [L 1970, c 151, §1 and c 188, §39; gen ch 1985; am L 2020, c 70, §9]
Haw. Rev. Stat. § 264-33.5 — HI Code / Division 1 / Title 15 / Chapter 264 / Section 264-33.5
Underground installation of utility facilities along federal-aid highways; when required; when waived.
Status: in_force

(a) The director of transportation shall arrange for the installation of all utility cables and facilities below the ground, within a berm or away from the alignment of a highway, during the design or redesign and construction or reconstruction phases of any new or existing federal-aid highway project, when a determination is made that federal highway funds are available to pay for the federal share of the cost differential between underground and overhead facilities.

(b) The director of transportation may make exceptions to subsection (a) if:

(1) The director determines that exceptions are appropriate due to either:

(A) Any of the following criteria: environmental, safety, research, technology, corridor alignment, or management concern; or

(B) The following criteria collectively: state funding impacts, economic feasibility, and federal funding concerns; or

(2) The projects do not lend themselves to undergrounding, such as: resurfacing, traffic signal installation, drainage installation, bikeway markings, guardrail installation, traffic markings, and enhancement improvements. [L 1996, c 84, §2]
Haw. Rev. Stat. § 264-33 — HI Code / Division 1 / Title 15 / Chapter 264 / Section 264-33
Relocation of utility facilities.
Status: in_force

(a) Whenever, as the result of the work of construction, reconstruction, or maintenance of any state highway or state or county federal-aid highway, it is necessary to provide for or require the removal, relocation, replacement, or reconstruction of any utility facility, and the expense of removal, relocation, replacement, or reconstruction exceeds $10,000, one-half of this excess expense shall be a proper charge against the state or county funds available for the construction or maintenance of state or county highways; provided that all of the expense of removal, relocation, replacement, or reconstruction of publicly owned utility facilities shall be a charge against the state or county funds.

(b) The work of the removal, relocation, replacement, or reconstruction may be performed in the following manner, subject to the following conditions:

(1) The work shall be performed in accordance with standards of construction currently used by the utility; and

(2) Such work may be performed by contract as provided in chapter 103D; or after first calling for bids under that chapter, the director of transportation or other officer having power to award such contract, may contract with the public utility owning the utility facility to have the work performed by it, with the use of its own employees and equipment at not to exceed actual cost or in the amount of the lowest responsible bid (if such bids have been submitted), whichever is the lowest amount, with the adjustments hereinafter provided for.

(c) The amount to be paid out of state or county funds shall be computed as follows:

(1) The total cost shall first be determined.

(2) From the total cost there shall be deducted the following items:

(A) Depreciation, except that this shall not be applicable to publicly owned utility facilities, and the salvage value of any materials or parts salvageable and retained by the utility;

(B) The amount of any betterment to the utility facility resulting from the removal, relocation, replacement, or reconstruction;

(C) In the case of a privately owned utility facility only, the first $10,000 of the expense of such work;

(D) The balance of the cost, in the case of a privately owned utility facility only, shall be paid one-half by the owner thereof, and the remaining one-half shall be the amount payable out of state or county funds. [L 1953, c 227, §2; RL 1955, §111-20; am L Sp 1959 2d, c 1, §26; HRS §264-33; am L 1981, c 42, §1; am L Sp 1993, c 8, §21]
Haw. Rev. Stat. § 261E-20 — HI Code / Division 1 / Title 15 / Chapter 261E / Section 261E-20
Existing service.
Status: in_force

(a) As of the effective date of enactment of all required federal legislation, any person providing air transportation with turnaround service between two points, both of which are within the State of Hawaii pursuant to authority granted by the United States Department of Transportation, shall be deemed qualified and shall be issued a certificate pursuant to this chapter.

(b) For the purposes of this section, "turnaround service" means the operation of an aircraft that only serves points within the State of Hawaii. [L Sp 2008, c 1, pt of §2]
Haw. Rev. Stat. § 261E-5 — HI Code / Division 1 / Title 15 / Chapter 261E / Section 261E-5
Staff.
Status: in_force

The air carrier commission may appoint and employ, on a contractual or noncontractual basis not subject to chapter 76, persons the commission determines necessary for the performance of the commission's functions. The commission shall determine the powers, duties, and compensation of the staff. [L Sp 2008, c 1, pt of §2]
Haw. Rev. Stat. § 279A-1 — HI Code / Division 1 / Title 15 / Chapter 279A / Section 279A-1
Statement of purpose.
Status: in_force

The legislature finds that continued growth in transport demand and increasing mobility requirements indicate a need for innovative, as well as improved, transportation systems which, while serving local needs, are integrated on a statewide basis. The State Transportation Plan of 1961 is no longer responsive to the needs of the people of Hawaii. A comprehensive, multi-modal statewide transportation planning process should be established which involves all levels of government in a cooperative process to develop coordinated transportation plans. Coordination of such a statewide planning process should be the primary responsibility of the department of transportation. However, to ensure that statewide transportation planning involves the continuing involvement of county governments in the production of a statewide transportation plan, there is a need to establish a statewide transportation council consisting of representatives of the state government and each of the four counties. There is no intent to diminish or pre-empt the existing authorities and responsibilities of county governments for the planning and implementation of transportation systems. It is the purpose of this chapter to provide a means of coordinating the State's existing responsibilities for inter-island and major highway transportation planning and development with counties' responsibilities for intra-island surface transportation system planning and development, in order to facilitate the ultimate production of a statewide transportation plan which optimizes intra-island and inter-island system integration.
Haw. Rev. Stat. § 261E-9 — HI Code / Division 1 / Title 15 / Chapter 261E / Section 261E-9
Temporary authority.
Status: in_force

To enable the provision of service for which there is an immediate and urgent need to a point or points having no Hawaii air carrier service capable of and willing to meet the need, the air carrier commission, in its discretion and without hearings or other proceedings, may grant temporary authority for the service by a Hawaii air carrier. The temporary authority, unless suspended or revoked for good cause, shall be valid for the time the commission shall specify, but for not more than a period of one hundred twenty days for any one immediate and urgent need. [L Sp 2008, c 1, pt of §2]
Haw. Rev. Stat. § 264-102 — HI Code / Division 1 / Title 15 / Chapter 264 / Section 264-102
Penalty.
Status: in_force

Any person who violates section 264-101 is guilty of a petty misdemeanor and shall be fined not more than $1,000 or imprisoned not more than thirty days, or both.
Haw. Rev. Stat. § 269-167 — HI Code / Division 1 / Title 15 / Chapter 269 / Section 269-167
Electric utility successor requirements; default of electric utility.
Status: in_force

(a) Any successor to an electric utility subject to a financing order shall be bound by the requirements of this part. The successor shall perform and satisfy all obligations of the electric utility under the financing order, in the same manner and to the same extent as the electric utility, including the obligation to collect and pay the green infrastructure fee to the department or to any financing party as required by a financing order.

(b) The public utilities commission may require, in the financing order creating the green infrastructure fee and green infrastructure property, that, if a default by the electric utility in remittance of the green infrastructure fee collected arising with respect to green infrastructure property occurs, the public utilities commission, upon the application by the department, and without limiting any other remedies available to the department or any financing party by reason of the default, shall order the sequestration and payment to the beneficiaries of the green infrastructure fee collected arising with respect to the green infrastructure property. Any order shall remain in full force and effect notwithstanding any bankruptcy, reorganization, or other insolvency proceedings with respect to the electric utility. [L 2013, c 211, pt of §3]
Haw. Rev. Stat. § 271-11 — HI Code / Division 1 / Title 15 / Chapter 271 / Section 271-11
Copies of schedules, tariffs, contracts, etc.
Status: in_force

§271-11 Copies of schedules, tariffs, contracts, etc., kept as public records; evidence. The copies of schedules and classifications and tariffs of rates, fares, and charges, and all contracts, agreements and arrangements between motor carriers filed with the public utilities commission as herein provided, and the statistics, tables, and figures contained in the annual or other reports of carriers made to the commission as required under this chapter shall be preserved as public records in the custody of the commission (except any contract, agreement, or arrangement between a contract carrier by motor vehicle and a shipper shall only be made public as provided in section 271-25), and shall be received as prima facie evidence of what they purport to be for the purpose of investigations by the commission and in all judicial proceedings; and copies of and extracts from any of the schedules, classifications, tariffs, contracts, agreements, arrangements, or reports, made public records as aforesaid, certified by the commission under the commission's seal, shall be received in evidence with like effect as the originals.
Haw. Rev. Stat. § 269E-3 — HI Code / Division 1 / Title 15 / Chapter 269E / Section 269E-3
General duties and powers of the commission.
Status: in_force

The general duties and powers of the commission shall be to:

(1) Establish and administer a one call center that provides advance warning to excavators in this State of the location of subsurface installations in the area of an excavation for the purpose of protecting those installations from damage;

(2) Adopt, amend, or repeal rules pursuant to chapter 91 as it may deem necessary to effectuate this chapter. The rules adopted shall have the force and effect of law and may include but are not limited to rules that:

(A) Forbid acts or practices deemed by the commission to be detrimental to the accomplishment of the purposes of this chapter; and

(B) Require operators and excavators to make reports to the commission containing information that will enable the commission to improve the accomplishment of this chapter;

(3) Enforce this chapter and any rules adopted pursuant thereto;

(4) Issue binding interpretations or declaratory rulings, and conduct contested case proceedings pursuant to chapter 91; and

(5) Subpoena witnesses and documents, administer oaths, and receive affidavits and oral testimony, including telephonic and electronic communications. [L 2004, c 141, pt of §1, §7; am L 2009, c 72, §3]
Haw. Rev. Stat. § 263-8 — HI Code / Division 1 / Title 15 / Chapter 263 / Section 263-8
Jurisdiction over contracts.
Status: in_force

All contractual and other legal relations entered into by aeronauts or passengers while in flight over the State shall have the same effect as if entered into on the land or water beneath.
Haw. Rev. Stat. § 261-5.5 — HI Code / Division 1 / Title 15 / Chapter 261 / Section 261-5.5
Passenger facility charge special fund.
Status: in_force

(a) There is established in the state treasury the passenger facility charge special fund, into which shall be deposited all proceeds from the passenger facility charge.

(b) The director of transportation shall administer the passenger facility charge special fund.

(c) The passenger facility charge shall be a charge for the use and services of an undertaking for the purposes and within the meaning of section 39-61(a)(1) and (3). Notwithstanding any laws to the contrary and without regard to chapter 91, the department may assess a passenger facility charge as authorized under title 49 United States Code section 40117 and as provided under title 14 Code of Federal Regulations part 158 for each overseas or international passenger who uses a state airport. The department shall establish the passenger facility charge in accordance with applicable federal laws and regulations. No passenger facility charge shall be assessed on flight segments between two or more airports within the State.

(d) All moneys paid into the passenger facility charge special fund shall be appropriated, applied, or expended by the department for airport capital improvement program projects approved by the legislature and as permitted under the Aviation Safety and Capacity Expansion Act of 1990, codified as [title] 49 United States Code section 40117, as amended from time to time.

(e) Any resolution or certificate authorizing any issue of bonds relating to the use of the passenger facility charge for an airport capital improvement program project approved by the legislature may establish other accounts within the passenger facility charge special fund and require the transfer of the passenger facility charge into the other accounts to pay debt service on the related bonds. [L 2003, c 213, §14; am L 2004, c 101, §5; am L 2009, c 147, §1; am L 2011, c 41, §1]
Haw. Rev. Stat. § 269-5 — HI Code / Division 1 / Title 15 / Chapter 269 / Section 269-5
Annual report and register of orders.
Status: in_force

The public utilities commission shall prepare and present to the governor in the month of January in each year a report respecting its actions during the preceding fiscal year. This report shall include summary information and analytical, comparative, and trend data concerning major regulatory issues acted upon and pending before the commission; cases processed by the commission, including their dispositions; utility company operations, capital improvements, and rates; utility company performance in terms of efficiency and quality of services rendered; financing orders issued, adjustments made to the public benefits fee, and repayments or credits provided to electric utility customers pursuant to part X or chapter 196, part IV; a summary of power purchase agreements, including pricing, in effect during the fiscal year; environmental matters having a significant impact upon public utilities; actions of the federal government affecting the regulation of public utilities in Hawaii; long and short-range plans and objectives of the commission; together with the commission's recommendations respecting legislation and other matters requiring executive and legislative consideration. Electronic copies of the annual reports shall be furnished by the governor to the legislature. In addition, the commission shall establish and maintain a register of all its orders and decisions, which shall be open and readily available for public inspection, and no order or decision of the commission shall take effect until it is filed and recorded in this register.
Haw. Rev. Stat. § 271-8.5 — HI Code / Division 1 / Title 15 / Chapter 271 / Section 271-8.5
Advertising.
Status: in_force

(a) It shall be a misdemeanor for any person, including a person who is exempt under section 271-5, to advertise as a motor carrier of passengers or property, unless the person holds a valid certificate or permit required by this chapter as to the classification so advertised. The term "advertise", as used in this section, includes: the issuance of any card, sign, or device to any person, or the causing, permitting, or allowing of any sign or marking on or in any building or motor vehicle, or the advertising in any newspaper, magazine, or advertising other than in-column listings in any directory, or the commercial broadcasting by airwave transmission, or any and all communications media.

(b) A licensee may advertise in print or broadcast medium as described in subsection (a) only if the licensee includes in the advertisement the licensee's applicable and current certificate or permit number and provides proof of the number's validity to the publisher or producer of the advertising medium. The publisher or producer of a print or broadcast advertising medium shall not publish or broadcast an advertisement for a licensee who does not provide proof of a current certificate or permit or who does not include a currently valid certificate or permit number in the advertisement.

(c) Upon notice from the public utilities commission of the entry of a final order of the commission pursuant to chapter 91 or a judgment by a court of competent jurisdiction, that a person has advertised in violation of either subsection (a) or section 271-8, the public utility furnishing the telecommunications service shall disconnect that person's access to the telephone number or telecommunications service number contained in the advertisement or listing. A public utility complying with a notice to disconnect is immune from liability for damages resulting from its compliance.

(d) The publisher or producer of a print or broadcast advertising medium shall not be liable in any suit, action, or claim arising from its refusal to list or accept advertisements pursuant to subsection (b). [L 1978, c 66, §4; am L 1985, c 191, §1; am L 1992, c 75, §1; am L 2000, c 40, §1]
Haw. Rev. Stat. § 261-72 — HI Code / Division 1 / Title 15 / Chapter 261 / Section 261-72
Disposition of proceeds of sale.
Status: in_force

The department of transportation shall deposit into the airport revenue fund, that portion of the proceeds of the sale of an aircraft as shall represent the storage and other airport fees and charges due the department, the expenses of the auction, and any other expense incurred by the department in taking into custody and disposing of an aircraft. The balance, if any, shall be deposited into the general fund of the State. The owner may recover any such balance of the proceeds from the State only if the owner files a claim therefor with the department of budget and finance within five years after the execution of the bill of sale. A lien holder shall receive priority of payment from the balance of the proceeds to the extent of the lien holder's lien on the aircraft. If the proceeds of the sale are insufficient to cover the storage and other airport fees and charges, the expenses of the auction and other expenses of the department in taking into custody and disposing of the aircraft, the department of transportation may, within five years, bring an action for the deficiency in a court of appropriate jurisdiction against the person who was the owner of the aircraft at the time custody was taken by the department.
Haw. Rev. Stat. § 269-27.9 — HI Code / Division 1 / Title 15 / Chapter 269 / Section 269-27.9
Determination of limitation on liability.
Status: in_force

(a) The commission shall initiate a proceeding for the adoption of rules pursuant to chapter 91 to establish the maximum amount each electric utility may pay to resolve claims arising from any covered catastrophic wildfires, as defined in section 663-8.8, for set periods of time established by rules in accordance with this section. The commission shall have sole discretion to establish the maximum payable amounts and applicable periods of time. The rules adopted by the commission under this section shall have the force and effect of law.

(b) The commission shall adopt rules as soon as is practicable. The rules shall authorize the maximum payable amount each electric utility may pay to resolve qualifying damages arising from any covered catastrophic wildfires, as those terms are defined in section 663-8.8, that occur within a set period of time, or per event, as determined by the commission, without harming ratepayers or materially impacting each electric utility's ability to provide adequate and safe service consistent with the public interest. In adopting rules to establish the maximum payable amount, the commission shall consider, at a minimum:

(1) Whether the maximum payable amount shall be delineated by the qualifying damages arising from covered catastrophic wildfires that occur:

(A) Within a set period of time that is determined by the commission; or

(B) Per event;

(2) Different approaches to establishing the maximum payable amount, such as a flat dollar limit for the set period of time, or per event; one based upon a percentage of the electric utility's market capitalization or rate base; or hybrid approaches, including examining frameworks adopted or considered in other wildfire-prone states and their effectiveness;

(3) Impacts on the electric utility's credit ratings, borrowing costs, and customer's electricity rates, and how the establishment of the maximum payable amount will help to achieve intended outcomes of improving the utility's credit rating and lowering costs passed on to customers;

(4) Impacts of the maximum payable amount upon the insurance market in the State;

(5) Impacts of the maximum payable amount on the indemnity, contribution, and subrogation rights of any person or entity;

(6) Impacts on the liability exposure of other hypothetical future co-defendants with respect to claims arising from a catastrophic wildfire;

(7) Impacts on potential future plaintiffs who could be negatively impacted by the establishment of the maximum payable amount;

(8) The affordability of electric utility service and the potential impacts on customer's electricity rates by the establishment of the maximum payable amount;

(9) Requirements to maintain or improve the quality of service to the electric utility's customers;

(10) Requirements to improve the management of the electric utility doing business in the State;

(11) Requirements to meet state policy goals for clean energy and climate;

(12) Requirements to implement wildfire mitigation plans and improve safety;

(13) Requirements to improve interconnection costs and timeliness; and

(14) The restriction or reduction of compensation packages and bonuses to officers and employees of the electric utility.

(c) The rules adopted pursuant to this section shall also include:

(1) Conditions to ensure that the establishment of the maximum payable amount is consistent with the public interest;

(2) Annual reporting requirements for compliance with any conditions established; and

(3) Procedures for corrective actions if the electric utility is not in compliance.

Rules required to be adopted under this section shall be adopted in a single rulemaking proceeding. Upon request by the commission, the electric utility or any state or county agency shall provide any information that is relevant to the rulemaking proceedings under this section.

(d) Notwithstanding any other law to the contrary, the rules adopted under this section shall be presented to, and subject to the approval of, the governor. If the governor approves the rules, the governor shall sign the rules, and the rules shall be adopted as provided in section 91-3. If the governor does not approve the rules, the governor may return the rules to the commission with the governor's reasons for disapproval. The governor shall have twenty-one days to consider the rules after the rules are presented to the governor, and if the rules are neither signed nor returned by the governor within that time, the rules shall be adopted as if the governor had signed them.

If the rules are returned to the commission, the commission may start anew the rule-making process set forth in subsection (b).

(e) On or before the last day of the preceding set period of time established by the commission with respect to each electric utility, the commission shall adopt rules pursuant to [subsections] (b) and (c) for the next subsequent proposed period of time.

(f) Notwithstanding any other law to the contrary, the supreme court shall have original jurisdiction over any petition to obtain a judicial determination as to the validity of the rules adopted under this section. The petition shall be filed with the clerk of the supreme court within thirty days of the filing of the rules with the lieutenant governor pursuant to section 91-4(b). After an action is filed pursuant to this paragraph, the supreme court shall give priority to the action over all other civil or administrative appeals or matters and shall render a final judgment and opinion as expeditiously as possible. No action challenging the validity of the rules may be brought except as provided in this subsection.

In all collateral proceedings, including any civil action to recover damages for a covered catastrophic wildfire, the maximum payable amounts established by the rules shall be conclusive and not subject to judicial review. Nothing in this section or rules adopted under this section shall be construed to create any property interest or entitlement of any kind in the electric utility, and no claim by any party, whether sounding in law or equity, or under article I, section 20, of the Hawaii State Constitution, may be brought against the commission, its commissioners, officials, and employees, or the State relating to rulemaking under this section.

(g) For purposes of this section:

"Electric utility" includes an electric cooperative, as defined in section 269-27.8(b).

"Wildfire mitigation plan" means the plan that each electric utility shall file with the commission, and which shall be periodically updated at a frequency determined by the commission, that sets forth the utility's practices to protect public safety and reduce risk to customers from wildfires and to promote the resilience of the electric system to wildfire damage, pursuant to requirements established by the commission. [ L 2025, c 258, pt of §1]
Haw. Rev. Stat. § 266-54 — HI Code / Division 1 / Title 15 / Chapter 266 / Section 266-54
Special facility lease.
Status: in_force

(a) In addition to the conditions and terms set forth in this part, any special facility lease entered into by the department shall contain provisions obligating the other person to the special facility lease:

(1) To pay to the department during the term of the special facility lease, whether the special facility is capable of being used or occupied or is being used or occupied by the other person, a rental or rentals at such time or times and in such amount or amounts as will be sufficient: to pay the principal and interest on all special facility revenue bonds issued for the special facility, to establish or maintain any reserves for such payments, and to pay all fees and expenses of the trustees, paying agents, transfer agents, and other fiscal agents for the special facility revenue bonds issued for the special facility.

(2) To pay to the department a ground rental equal to the fair market rental of the land, if the special facility is situated on land owned by the department.

(3) To either operate, maintain, and repair the special facility and pay the costs thereof or to pay to the department all costs of operation, maintenance, and repair of the special facility.

(b) Any moneys derived by the department pursuant to subsection (a)(1) shall be deemed revenues of the special facility. Any moneys received by the department pursuant to subsection (a)(2) and (3) shall be paid into the harbor special fund and shall not be nor be deemed to be revenues of the special facility.

(c) The term and all renewals and extensions of the term of any special facility lease (including any amendments or supplements thereto) shall not extend beyond the reasonable life of the special facility which is the subject of such special facility lease, as estimated by the department at the time of the entering into thereof, or thirty-five years, whichever is less.

(d) Any special facility lease entered into by the department shall be subject to chapter 171 and shall contain such other terms and conditions as the department deems advisable to effectuate the purposes of this part. [L 1980, c 126, pt of §2]
Haw. Rev. Stat. § 264-25 — HI Code / Division 1 / Title 15 / Chapter 264 / Section 264-25
Signs and markings on federal-aid highways.
Status: in_force

On any federal-aid highway, the location, form, and character of informational, regulatory, and warning guideposts, direction boards, signs, curb, and pavement or other markings, and traffic signals, installed or placed by or under the authority of any county, shall be subject to the approval of the director of transportation or the director's authorized representative. The director shall exercise the authority conferred upon the director in such manner as to protect and promote the securing of federal-aid for highways.
Haw. Rev. Stat. § 264-124 — HI Code / Division 1 / Title 15 / Chapter 264 / Section 264-124
[ § 264-124 Impact fees; director's consent.
Status: in_force

[ § 264-124 Impact fees; director's consent.] Notwithstanding section 264-123, no county shall assess impact fees for state highway improvements without the director’s consent.
Haw. Rev. Stat. § 269E-5 — HI Code / Division 1 / Title 15 / Chapter 269E / Section 269E-5
One call center established.
Status: in_force

(a) By January 1, 2006, the commission shall establish and begin administration of a one call center that provides advance warning to excavators in this State of the location of subsurface installations in the area of an excavation for the purpose of protecting those installations from damage. In establishing the center, the commission shall consider the availability of experienced center providers. The commission shall award administration of the center to the provider the commission determines to be best qualified to provide center services. In reviewing a provider's qualifications, the commission shall consider cost, quality of service, experience, and other factors the commission deems appropriate.

(b) Pursuant to rules adopted by the commission, all operators shall furnish to the center information relating to subsurface installations that the center may use to identify operators known to have subsurface installations in the area of a proposed excavation; provided that operators shall not be required to furnish to the center information relating to subsurface installations that are deemed confidential or proprietary. [L 2004, c 141, pt of §1, §7; am L 2009, c 72, §3]
Haw. Rev. Stat. § 269E-4 — HI Code / Division 1 / Title 15 / Chapter 269E / Section 269E-4
One call center advisory committee.
Status: in_force

(a) The commission shall establish a one call center advisory committee as a governmental entity as defined under chapter 662D to advise the commission in implementing this chapter. The committee shall consist of seventeen voting members and one ex officio[,] nonvoting member. Of the voting members:

(1) Eleven shall be appointed by the commission to serve until successors are appointed by the commission. The appointments shall be as follows:

(A) One from the gas utility industry;

(B) One from the electric utility industry;

(C) One from the telecommunications utility industry;

(D) One from the pipeline operator industry;

(E) Two from the General Contractors Association of Hawaii;

(F) Two from the Building Industry Association of Hawaii;

(G) One from the cable service industry;

(H) One from the water utility industry; and

(I) One from the wastewater industry;

(2) One shall be the representative of the city and county of Honolulu designated by the mayor of the city and county of Honolulu;

(3) One shall be the representative of the county of Hawaii designated by the mayor of the county of Hawaii;

(4) One shall be the representative of the county of Maui designated by the mayor of the county of Maui;

(5) One shall be the representative of the county of Kauai designated by the mayor of the county of Kauai;

(6) One shall be the director of the state department of transportation, or the director's representative; and

(7) One shall be the executive director of the division of consumer advocacy, department of commerce and consumer affairs, or the executive director's representative.

A representative of the center shall serve as an ex officio[,] nonvoting member of the committee.

(b) No member shall receive any compensation for the member's services.

(c) The committee shall advise the commission on:

(1) The establishment of rules;

(2) The setting of appropriate fees and assessments for the administration and operation of the center;

(3) The selection of the center provider;

(4) The enforcement of this chapter; and

(5) Other aspects regarding the establishment and operation of the center;

provided that the committee shall not advise the commission in the exercise of the commission's quasi-judicial, adjudicatory functions, or participate in the commission's deliberations. The committee shall be exempt from chapter 92. [L 2004, c 141, pt of §1, §7; am L 2006, c 95, §1; am L 2009, c 72, §3]
Haw. Rev. Stat. § 261-32 — HI Code / Division 1 / Title 15 / Chapter 261 / Section 261-32
Assistance for displaced person, families, businesses and nonprofit organization.
Status: in_force

(a) The director may compensate any person, family, business, or nonprofit organization for actual and reasonable moving expenses incurred as a result of being displaced by any land acquisition program of the State for any airport purpose.

(b) Any displaced person who moves from a dwelling who elects to accept the payments authorized by this subsection in lieu of the payments authorized by subsection (a) may receive:

(1) A moving expense allowance, determined according to a schedule established by the director not to exceed $200;

(2) A dislocation allowance in the amount of $100.

(c) Any displaced person who moves or discontinues the person's business or farm operations and elects to accept the payment authorized by this subsection in lieu of the payment authorized by subsection (a) may receive a fixed relocation payment in an amount equal to the average annual net earnings of the business or farm operation, or $5,000, whichever is less. In the case of a business, no payment shall be made under this subsection unless the director is satisfied that the business:

(1) Cannot be relocated without a substantial loss of its existing patronage; and

(2) Is not part of a commercial enterprise having at least one other establishment that is:

(A) Not being acquired by the State; and

(B) Engaged in the same or similar business.

(d) In addition to any payments authorized in subsection (a) and (c), the director may provide relocation assistance to any displaced person who moves a business as a result of any land acquisition program of the State for any airport use.

(e) The director may enter into leases, licenses, and other arrangements with any displaced person granting the use or occupancy of any lands or property under the department's jurisdiction. The director may allow any lessee of a site acquired by the department to remain on the site, and may enter into a new lease with such person granting the use of the site; provided that the term of the new lease shall not exceed the time remaining on the lease terminated by the acquisition. Any lease issued pursuant to this section shall be issued through negotiation, under mutually agreeable terms, conditions, and lease rent, without regard to the limitations set forth in chapter 171.

(f) The director shall include the costs specified in this section as a part of the cost of construction of the airport for which the land acquisition program is initiated. [L 1970, c 165, pt of §2; gen ch 1985; am L 1990, c 274, §4; am L 2020, c 70, §11]
Haw. Rev. Stat. § 279D-4 — HI Code / Division 1 / Title 15 / Chapter 279D / Section 279D-4
Transportation management area metropolitan planning organizations.
Status: in_force

(a) Pursuant to 23 United States Code section 134(k), a metropolitan planning organization serving an urban area with a population of 200,000 or more shall be designated a transportation management area.

(b) Pursuant to section 26-35, the transportation management area metropolitan planning organizations shall be attached to the department of transportation for administrative purposes only. The respective policy boards and not the department of transportation shall be responsible for the management of transportation management area metropolitan planning organizations as it pertains to 23 United States Code sections 134-135 and 49 United States Code sections 5303-5304. The various roles and responsibilities of transportation management area metropolitan planning organizations and the department of transportation regarding the administration of the transportation management area metropolitan planning organization may be further defined by agreement between the two entities.

(c) This chapter shall apply to transportation management area metropolitan planning organizations.

(d) Notwithstanding any law to the contrary, transportation management area metropolitan planning organizations shall be exempt from section 26-35, except subsections (a)(7) and (8), and (b). [L 2015, c 132, pt of §1]
Haw. Rev. Stat. § 269-16.93 — HI Code / Division 1 / Title 15 / Chapter 269 / Section 269-16.93
Release of domestic abuse victims from shared wireless plans.
Status: in_force

(a) All wireless telecommunications service providers shall release, without charge, penalty, or fee, any victim of domestic abuse from a shared or family wireless service contract involving the victim's abuser; provided that the victim submits an opt-out request in writing and with evidence of domestic abuse as documented by any of the following items:

(1) Valid police report documenting an instance or series of instances of domestic abuse;

(2) Order for protection granted pursuant to chapter 586; or

(3) Signed affidavit from a licensed medical or mental health care provider, employee of a court acting within the scope of their employment, or social worker.

(b) When a victim of domestic abuse submits an opt-out request to a wireless telecommunications service provider pursuant to subsection (a), the wireless telecommunications service provider shall, within forty-eight hours from the time the opt-out request is submitted to the wireless telecommunications service provider:

(1) Transfer the billing authority and all rights to the wireless telephone number or numbers of a shared wireless plan to the person who has been granted the release pursuant to subsection (a); or

(2) Remove or release the person, who has been granted the release pursuant to subsection (a), from a shared wireless plan and assign a substitute telephone number or numbers,

without charge, penalty, or fee.

(c) A cause of action shall not lie against any wireless telecommunications service provider, its officers, employees, or agents for the actions taken that are related to the transfer of the billing authority and rights to the wireless telephone number or numbers in accordance with this section.

(d) For purposes of this section:

"Domestic abuse" shall have the same meaning as in section 586-1.

"Wireless telecommunications service" shall have the same meaning as "commercial mobile radio service" as defined in title 47 Code of Federal Regulations section 20.3.

"Wireless telecommunications service provider" means a provider of wireless telecommunications service. [L 2015, c 219, §2; am L 2016, c 9, §1]
Haw. Rev. Stat. § 269-2 — HI Code / Division 1 / Title 15 / Chapter 269 / Section 269-2
Public utilities commission; number, appointment of commissioners, qualifications; compensation; persons having interest in public utilities; authorit
Status: in_force

(a) There shall be a public utilities commission of three members, to be called commissioners, and who shall be appointed in the manner prescribed in section 26-34, except as otherwise provided in this section. All members shall be appointed for terms of six years each, except that the terms of the members first appointed shall be for two, four, and six years, respectively, as designated by the governor at the time of appointment. The governor shall designate a member to be chairperson of the commission. Each member shall hold office until the member's successor is appointed and qualified. Section 26-34 shall not apply insofar as it relates to the number of terms and consecutive number of years a member can serve on the commission; provided that no member shall serve more than twelve consecutive years.

In appointing commissioners, the governor shall select persons who have had experience in accounting, business, engineering, government, finance, law, or other similar fields. The commissioners shall devote full time to their duties as members of the commission and no commissioner shall hold any other public office or other employment during the commissioner's term of office. No person owning any stock or bonds of any public utility corporation, or having any interest in, or deriving any remuneration from, any public utility shall be appointed a commissioner.

(b) Effective July 1, 2005, the chairperson of the commission shall be paid a salary set at eighty-seven per cent of the salary of the director of human resources development, and each of the other commissioners shall be paid a salary equal to ninety-five per cent of the chairperson's salary. The commissioners shall be exempt from chapters 76 and 89 but shall be members of the state [employees'] retirement system and shall be eligible to receive the benefits of any state or federal employee benefit program generally applicable to officers and employees of the State, including those under chapter 87A.

(c) The commission is placed, for administrative purposes only, within the department of commerce and consumer affairs. The department of commerce and consumer affairs shall not direct or exert authority over the day-to-day operations or functions of the commission, except as provided in subsection (g) and section 269-3.

(d) Notwithstanding section 26-35(a)(1) to the contrary, the commission may communicate directly with the governor or the legislature as determined by the chairperson; provided that the department of commerce and consumer affairs may represent the commission in communications with the governor or the legislature upon request by the chairperson of the commission and agreement by the department of commerce and consumer affairs.

(e) Notwithstanding section 26-35(a)(5) to the contrary, the commission's operational expenditures, such as the purchase of supplies, equipment, furniture, dues and subscriptions, travel, consultant services, and staff training, shall be determined by the chairperson and may be delegated to the executive officer appointed and employed pursuant to section 269-3; provided that such expenditures shall be subject to all applicable procurement laws and procedures.

(f) Notwithstanding section 26-35(a)(6) to the contrary, the utilization, allocation, renovation, or other use of space or spaces to be occupied by the commission shall be determined by the chairperson and may be delegated to the executive officer appointed and employed pursuant to section 269-3.

(g) Determinations made under subsection (d), (e), or (f) by the chairperson or the executive officer as delegated by the chairperson, may be reviewed by the director of commerce and consumer affairs for completeness and for compliance and conformance with applicable administrative processes and procedures of the department of commerce and consumer affairs. [L 1913, c 89, §1; am L 1915, c 170, §1; am L 1917, c 165, §1; am L 1919, c 88, §1; am L 1921, c 127, §1; RL 1925, §2189; am L 1933, c 141, §1; RL 1935, §7941; RL 1945, §4702; am L 1951, c 213, §1; RL 1955, §104-2; am L Sp 1959 2d, c 1, §5; am imp L 1967, c 80, §1; HRS §269-2; am L 1972, c 118, §1; am L 1976, c 165, §1; am L 1982, c 129, §8; gen ch 1985; am L 1986, c 128, §7; am L 1989, c 329, §5; am L 1990, c 140, §5; am L 2002, c 148, §24; am L 2005, c 22, §10 and c 226, §7; am L 2014, c 108, §4]
Haw. Rev. Stat. § 263A-8 — HI Code / Division 1 / Title 15 / Chapter 263A / Section 263A-8
Test results to be collected.
Status: in_force

The results of any test for alcohol content made upon the operator of an aircraft involved in an accident shall be sent to the state director of transportation who shall compile the data without revealing the identity of any individual tested. This data shall be available only to the State and the administrator of the Federal Aviation Administration, but may be made available to other government agencies as the director of transportation deems necessary and advisable.
Haw. Rev. Stat. § 271-17 — HI Code / Division 1 / Title 15 / Chapter 271 / Section 271-17
Security for protection of public.
Status: in_force

No certificate or permit shall be issued to a motor carrier or remain in force unless such carrier complies with such reasonable rules and regulations as the public utilities commission shall prescribe governing the filing and approval of surety bonds, policies of insurance, qualifications as a self-insurer, or other securities or agreements, in such reasonable amounts as the commission may require, conditioned to pay within the amount of the surety agreements moneys finally recovered against the motor carrier for bodily injuries to or the death of any person resulting from the negligent operation, maintenance, or use of motor vehicles under the certificate, or permit or for loss or damage to property of others. The commission may, in its discretion and under such rules and regulations as it shall prescribe, require any such carrier to file a surety bond, policies of insurance, qualifications as a self-insurer, or other securities or agreements in a sum to be determined by the commission to be conditioned upon the carrier making compensation to shippers or consignees for all property belonging to shippers or consignees, and coming into the possession of such carrier in connection with its transportation service. Any common carrier which may be required by law to compensate a shipper or consignee for any loss, damage, or default for which a connecting motor common carrier is legally responsible shall be subrogated to the rights of such shipper or consignee under any such bond, policies of insurance, or other securities or agreements, to the extent of the sum so paid.
Haw. Rev. Stat. § 269-13 — HI Code / Division 1 / Title 15 / Chapter 269 / Section 269-13
Right to be represented by counsel.
Status: in_force

At any investigation by or proceeding before the public utilities commission the public utility or the person concerned, or other respondent or party and any complainant or permitted intervenor shall have the right to be present and represented by counsel, to present any evidence desired, and to cross-examine any witness who may be called.
Haw. Rev. Stat. § 264-143 — HI Code / Division 1 / Title 15 / Chapter 264 / Section 264-143
Ground transportation; project goals; reporting.
Status: in_force

(a) When planning, designing, and implementing ground transportation infrastructure for each project pursuant to this part, the department shall endeavor to:

(1) Assess and maximize total throughput of people across all modes of transportation;

(2) Achieve any goals described in the complete streets policy adopted pursuant to section 264-20.5;

(3) Reduce vehicle miles traveled;

(4) Decrease the percentage of single occupancy vehicles in the State's mode share;

(5) Provide equity for all communities and users;

(6) Improve safety and achieve any goals described in the vision zero policy adopted pursuant to section 286-7.5;

(7) Reduce user cost of transportation;

(8) Improve public health;

(9) Reduce carbon emissions and greenhouse gasses to meet state renewable portfolio standards established in section 269-92 and zero emissions clean economy by 2045 pursuant to section 225P-5;

(10) Reduce urban temperatures by incorporating tree canopy and foliage over hardened surfaces; and

(11) Beautify public infrastructure.

(b) For each project planned by the department, the department shall create a report detailing:

(1) How each goal in subsection (a) was implemented;

(2) How each goal meets the overall goals of transportation infrastructure as outlined in subsection (a); and

(3) Any necessary deviations from the goals outlined in subsection (a) and the reasons for those deviations.

(c) No later than twenty days prior to the convening of each regular session, the department shall submit to the legislature a stand-alone report of, or include in any of the department's relevant annual reports to the legislature, the following:

(1) A list of all projects initiated, underway, or completed during the preceding calendar year;

(2) The status of each project initiated or underway during the preceding calendar year;

(3) The report for each project as required by subsection (b); and

(4) A progress update outlining the department's success in meeting the goals described in subsection (a). [L 2021, c 131, pt of §2]
Haw. Rev. Stat. § 269-169 — HI Code / Division 1 / Title 15 / Chapter 269 / Section 269-169
Green infrastructure property; non-impairment.
Status: in_force

(a) In furtherance of section 39-61, the State pledges to and agrees with the bondholders and any financing parties under a financing order that the State will not take or permit any action that impairs the value of green infrastructure property under the financing order, or reduce, alter, or impair the green infrastructure fee that is imposed, charged, collected, or remitted for the benefit of the bondholders and any financing parties, until any principal, interest, and redemption premium in respect of bonds, all financing costs, and all amounts to be paid to a financing party under an ancillary agreement are paid or performed in full or unless adequate provision has been made by law for the protection of bondholders and other financing parties.

(b) In issuing the bonds, the department may include the pledge specified in subsection (a) in the bonds, ancillary agreements, and documentation related to the issuance and marketing of the bonds. [L 2013, c 211, pt of §3]
Haw. Rev. Stat. § 266-13 — HI Code / Division 1 / Title 15 / Chapter 266 / Section 266-13
Dockage.
Status: in_force

(a) All watercraft:

(1) Lying idle alongside any wharf, pier, bulkhead, quay, or landing belonging to or controlled by the State; or

(2) Discharging or receiving freight or passengers on or from any wharf, pier, bulkhead, quay, or landing belonging to or controlled by the State, while made fast or lying alongside of the wharf, pier, bulkhead, quay, or landing;

shall pay to the department of transportation such rates of dockage as shall be fixed by the department.

(b) All watercraft that receive or discharge freight or passengers:

(1) From or upon any wharf, pier, bulkhead, quay, or landing, by means of boats, lighters, or otherwise, while lying at anchor or under steam in any bay, harbor, or roadstead; or

(2) While lying in any slip or dock belonging to or controlled by the State, but not made fast to or lying alongside any wharf, pier, bulkhead, quay, or landing;

shall pay such rates of dockage as shall be fixed by the department.

(c) Notwithstanding subsections (a) and (b), the department may waive dockage and other charges at any wharf, pier, bulkhead, quay, landing, slip, or dock belonging to or controlled by the State whenever:

(1) The governor declares a state of emergency; and

(2) The department determines that the waiver of dockage fees and other charges is consistent with assisting in the delivery of humanitarian relief to disaster-stricken areas of the State.

(d) Any watercraft leaving any wharf, pier, bulkhead, quay, landing, slip, dock, basin, or waters belonging to or controlled by the State without paying dockage and other charges, with intent to evade the payment thereof, shall be liable to pay double rates. [L 1913, c 150, §5; am L 1915, c 169, §4; RL 1925, §841; am L 1929, c 162, §1; RL 1935, §1739; RL 1945, §4991; RL 1955, §112-14; am L Sp 1959 2d, c 1, §26; HRS §266-13; am L 1995, c 99, §2]
Haw. Rev. Stat. § 271-28.5 — HI Code / Division 1 / Title 15 / Chapter 271 / Section 271-28.5
Motor carrier lien.
Status: in_force

(a) In addition to the lien provided by section 490:7-307, a carrier has a lien on freight in its possession for the total amount owed the carrier by the shipper for freightage, charges for services and advances due on freight previously delivered upon the promise of the shipper to pay freightage, charges and advances, as provided in this section.

(b) The lien provided by this section shall not arise:

(1) Unless the carrier has given the shipper and the consignee ten days notice in writing, that failure to pay billed charges may result in a lien on future shipments; or

(2) As to any freight which consists of perishable goods; or

(3) As to any freight, the freight charges for which have been prepaid by the consignee or the intended recipient; or

(4) As to any freight, if the applicable charges were paid to a third party legally obligated to remit the payment to the carrier but the amount due has not been received by the carrier; or

(5) As to any property legally owned by anyone other than the debtor, or as to which the current identity of the owner is unknown.

(c) Except as otherwise provided in this section, the notice and sale provisions of section 490:7-308, shall apply to the sale of property subject to a lien provided by this section.

(d) No sale of property subject to a lien provided by this section may take place for at least thirty-five days from the date that possession of the property is delivered to the carrier but the notice period set forth in section 490:7-308 may run concurrently with the thirty-five-day period provided by this [subsection]. In addition to the notices required by section 490:7-308, the lienholder, at least ten days prior to any sale of the property, shall notify the shipper and the consignee of the property, and each secured party having a perfected security interest in the property, of the date, time and place of the intended sale. This notice shall include the names of both the shipper and the consignee and shall describe the property to be sold.

(e) Any perfected security interest in the property is prior to the lien provided by this section. No sale of the property may be concluded if the amount bid at the sale is not at least equal to the total amount of all outstanding obligations secured by a perfected security interest in the property. If the minimum bid required for the sale of property pursuant to this [subsection] is not received, the lienholder shall promptly release the property to the legal owner upon payment of the current amount for freightage, charges for services and advances due for shipment of that property, not including amounts due on freight previously delivered.

The proceeds of the sale shall be applied as follows:

(1) First, to secured parties having a perfected security interest, in the amounts to which they are respectively entitled.

(2) Second, to the discharge of the lien provided by this section.

(3) The remainder, if any, to the legal owner of the property.

In the event of any violation by the lienholder of any provision of this [subsection] the lienholder shall be liable to any secured party for all damages sustained by the secured party as a result thereof plus all expenses reasonably and necessarily incurred in the enforcement of the secured party's rights, including reasonable attorney's fees and costs of suit.

(f) The shipper shall be liable to the consignee for any damage which results from the failure of the property to reach the consignee as scheduled due to the carrier's proper exercise of its lien rights pursuant to this section.

(g) The carrier shall be liable to the consignee for any damage which results from the failure of the property to reach the consignee as scheduled due to the carrier's violation or misuse of any lien obtained under this section. The measure of damages shall be determined as set forth in section 490:2-713. [L 1986, c 203, §1]
Haw. Rev. Stat. § 264-122 — HI Code / Division 1 / Title 15 / Chapter 264 / Section 264-122
Highway development special fund.
Status: in_force

(a) There is established in the state treasury the highway development special fund to be administered by the department, into which shall be deposited:

(1) Transfers of county impact fees assessed under part VIII of chapter 46 and this part to pay for state highway improvements;

(2) Interest from investment of deposits; and

(3) Legislative and county appropriations.

(b) Moneys in the highway development special fund shall be used for the following purposes:

(1) Capital costs of qualifying proposed state highway improvements;

(2) Reevaluation of the need, geographic limitations, amount, and use of impact fees;

(3) Transfers to reimburse other special funds for expenditures which otherwise might have been funded with moneys in the highway development special fund;

(4) Transfers under sections 36-27 and 36-30;

(5) Refunds under section 264-125; and

(6) The department's costs to implement this part, including but not limited to costs to administer the highway development special fund.

(c) The department may establish accounts in the highway development special fund as necessary to implement this part and rules adopted by the department.

(d) There is established within the highway development special fund an electric bicycle and electric moped subaccount. The department shall expend moneys in the subaccount for the purposes of funding the electric bicycle and electric moped rebate program established pursuant to section 196-7.8. [L 2004, c 155, pt of §2; am L 2022, c 306, §3]
Haw. Rev. Stat. § 261E-19 — HI Code / Division 1 / Title 15 / Chapter 261E / Section 261E-19
Review and appeals.
Status: in_force

(a) Within ten days after the issuance of any final decision or order of the commission under this chapter, any party aggrieved by the action of the commission may submit a petition to the director of transportation requesting the director to review the decision or order. The filing of any petition shall stay the effectiveness of the decision or order until the director has issued a final decision on review. The director may affirm in whole or in part the order or decision of the commission or remand it to the commission for further consideration, in which case the order or decision shall remain stayed until it is again submitted to and approved by the director.

(b) An appeal from an order of the air carrier commission under this chapter, whether or not reviewed by the director, shall be made to the supreme court in the manner and within the time provided by chapter 602 and the rules of court; provided that the order is final. If the order is preliminary, an appeal may be made pursuant to section 91-14(a). The appeal shall not of itself stay the operation of the order appealed from, but the court may stay the order after a hearing upon a motion therefor and may impose such conditions as it may deem proper as to giving a bond and keeping the necessary accounts or otherwise securing restitution of the excess charges, if any, made during the pendency of the appeal in case the order appealed from should be sustained, revised, or modified, in whole or in part.

(c) Any party injured by a violation of this chapter may file an action to enjoin such violation before any court of general jurisdiction of the State of Hawaii. [L Sp 2008, c 1, pt of §2]
Haw. Rev. Stat. § 268-11 — HI Code / Division 1 / Title 15 / Chapter 268 / Section 268-11
Liability for damages as to persons or property.
Status: in_force

In case of property loss or damage, personal injuries or death resulting from the operation of any ferry or terminal by the department of transportation, any person or the personal representative of any person shall, subject to and to the extent hereinafter provided, have a right of action against the department for the damage, loss, injury, or death.
Haw. Rev. Stat. § 269-52 — HI Code / Division 1 / Title 15 / Chapter 269 / Section 269-52
Division of consumer advocacy; personnel.
Status: in_force

There shall be a division of consumer advocacy within the department of commerce and consumer affairs. The director of commerce and consumer affairs may appoint an executive director, who shall be exempt from chapter 76, and fix the executive director's compensation. The executive director shall supervise and control the operations and personnel of the division. The executive director shall be responsible for the performance of the duties imposed upon the division and shall be the consumer advocate as specified in section 269-51. The executive director may employ engineers, accountants, investigators, clerks, and stenographers as may be necessary for the performance of the consumer advocate's functions, in accordance with chapter 76; provided that:

(1) The executive director may employ up to ten utility analysts exempt from chapter 76; and

(2) Each analyst shall possess at least the minimum qualifications required of comparable experts in the relevant industry. [L 1976, c 124, pt of §1; am L 1982, c 69, §2 and c 204, §7; am L 1994, c 191, §1; am L 1995, c 196, §1; am L 2000, c 253, §150; am L 2007, c 183, §3; am L 2014, c 108, §9]
Haw. Rev. Stat. § 269E-10 — HI Code / Division 1 / Title 15 / Chapter 269E / Section 269E-10
Commencement of excavation.
Status: in_force

The center shall not prohibit an excavator from beginning excavation work:

(1) After receiving notice that all affected operators have fulfilled the requirements of section 269E-9; or

(2) Five working days after the excavator provides notice of the excavation to the center pursuant to section 269E-7(a); provided that this subsection shall not be construed as affording the excavator any immunity or protection from claims for damages or injuries relating to the excavation. [L 2004, c 141, pt of §1, §7; am L 2009, c 72, §3]
Haw. Rev. Stat. § 273-10 — HI Code / Division 1 / Title 15 / Chapter 273 / Section 273-10
Nature of motive power allowable.
Status: in_force

All railroad companies authorized under the laws of the State to operate their railroads by steam power may operate their railroads or any portion of the same by electric power, either by overhead or underground wires or by storage batteries, or by such other methods as may be an improvement upon either; or by compressed air; or by such other motive power as the railroad companies may from time to time elect; provided that a part of the railroad may be operated by one motive power while another or other portions thereof may be operated by another or other motive powers.
Haw. Rev. Stat. § 273-13 — HI Code / Division 1 / Title 15 / Chapter 273 / Section 273-13
Bylaws, regulations.
Status: in_force

The corporation may from time to time make bylaws and regulations for the management and control of the railway, and for regulating the traffic thereon; and the bylaws and regulations on being approved by the governor, shall have the force of law. The corporation shall, at all times, cause a copy of the bylaws and regulations to be posted and exhibited at the principal stations on the line of railway.
Haw. Rev. Stat. § 269-26 — HI Code / Division 1 / Title 15 / Chapter 269 / Section 269-26
Investigation of water rates charged by lessee under state leases.
Status: in_force

The public utilities commission shall investigate charges made by all persons for water supplied to consumers for domestic uses and purposes, where the water supplied is secured by virtue of a lease from the State, requiring rates to be fixed by the licensee with the approval of the department of land and natural resources. If it appears upon investigation that the water supplied to consumers for domestic uses and purposes is by virtue of a lease requiring rates to be fixed by the licensee, with the approval of the department, then the public utilities commission shall report to the department the result of the investigation, and whether the rates charged to consumers are reasonable or not.