Haw. Rev. Stat. § 263A-1 — HI Code / Division 1 / Title 15 / Chapter 263A / Section 263A-1
Implied consent of operator of aircraft to submit to testing to determine alcoholic content of blood.
Status: in_force

(a) Any person who operates an aircraft within the State shall be deemed to have given consent to a test approved by the director of health of the person's breath or blood for the purpose of determining the alcoholic content of the person's blood. The person shall have the option to take a test of the person's breath or blood, or both.

(b) The test or tests shall be administered at the request of a law enforcement officer having probable cause to believe the person operating or in actual physical control of an aircraft is under the influence of intoxicating liquor only after:

(1) A lawful arrest; and

(2) The officer has informed the person of the sanctions of section 263A-5. [L 1991, c 274, pt of §1; am L 2020, c 70, §14]
Haw. Rev. Stat. § 271-24 — HI Code / Division 1 / Title 15 / Chapter 271 / Section 271-24
Recovery of overcharges or undercharges.
Status: in_force

(a) All actions by common carriers by motor vehicle 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 motor vehicle 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 1961, c 121, pt of §2; Supp, §106C-22; HRS §271-24; am L 1973, c 149, §2(a), (b)]
Haw. Rev. Stat. § 269E-2 — HI Code / Division 1 / Title 15 / Chapter 269E / Section 269E-2
Definitions.
Status: in_force

As used in this [chapter], unless the context clearly requires otherwise:

"Agency" means any state or county department, commission, board, bureau, office, or other establishment of the state or county government or semi-autonomous part thereof.

"Approximate location of subsurface installation" means a strip of land not more than thirty inches on either side of the exterior surface of the subsurface installation, and does not refer to the depth of the subsurface installation.

"Center" means the one call center.

"Commission" means the public utilities commission.

"Committee" means the one call center advisory committee.

"Damage" means:

(1) The substantial weakening of the structural or lateral support of a subsurface installation;

(2) The penetration or destruction of any protective coating, housing, or other protective device of a subsurface installation; or

(3) The partial or complete severance of a subsurface installation.

"Demolition" means the wrecking, razing, rendering, movement, or removal of a structure or mass of material by means of tools, equipment, or the placement and discharge of explosives.

"Emergency" means a sudden, unexpected occurrence involving a clear and imminent danger, demanding immediate action to prevent or mitigate loss of or damage to life, health, property, or essential public services.

"Excavation" means any operation in which earth, rock, or other material in the ground is moved, removed, or otherwise displaced by means of tools, equipment, or explosives, including but not limited to the following: grading, trenching, digging, ditching, boring, drilling, auguring, tunneling, scraping cable or pipe plowing and driving, demolition, and dredging. "Excavation" shall not include any operation in which earth, rock, or other material in the ground is moved, removed, or otherwise displaced by means of tools, equipment, or explosives as part of an existing principal place of residence for one or two families, or improving or constructing an appurtenance thereto, on a parcel of land two acres or less in size, zoned for residential use, which is used or occupied or is developed, devoted, intended, or permitted to be used or occupied as a principal place of residence for one or two families.

"Excavator" means any person, including an operator, who performs any excavation, other than an operator whose employees are performing maintenance work on the operator's subsurface installation.

"Inquiry identification number" means the number issued by the center to every excavator who contacts the center for the purpose of excavating.

"One call center" means a private provider selected by the commission pursuant to section 269E-5 that provides advance warning to excavators of the location of subsurface installations in the area of an excavation for the purpose of protecting those installations from damage.

"Operator" means any person who owns, operates, or maintains a subsurface installation.

"Person" means any individual, firm, joint venture, partnership, corporation, association, agency, cooperative or joint stock association, contractor, subcontractor, operator, or other entity.

"Subsurface installation" means any pipeline, conduit, cable, duct, wire, sewer line, storm drain, vault, or other structure that is located underground.

"Working day" means every day from 7:00 a.m. to 5:00 p.m., except Saturday, Sunday, or any federal or state holiday. [L 2004, c 141, pt of §1, §7; am L 2009, c 72, §§2, 3, 5; am L 2012, c 196, §§2, 4]
Haw. Rev. Stat. § 269-41 — HI Code / Division 1 / Title 15 / Chapter 269 / Section 269-41
Universal service program; establishment; purpose; principles.
Status: in_force

There is established the universal service program. The purpose of this program is to:

(1) Maintain affordable, just, and reasonable rates for basic residential telecommunications service, as defined by the commission;

(2) Assist customers located in the areas of the State that have high costs of essential telecommunications service, low-income customers, and customers with disabilities, in obtaining and maintaining access to a basic set of essential telecommunications services as determined by the commission. The commission may expand or otherwise modify relevant programs, such as the lifeline program under section 269-16.5;

(3) Ensure that consumers in all communities are provided with access, at reasonably comparable rates, to all telecommunications services that are used by a majority of consumers located in metropolitan areas of the State. The commission shall provide for a reasonable transition period to support the statewide deployment of these advanced telecommunications services, including but not limited to the use of strategic community access points in public facilities, such as education, library, and health care facilities;

(4) Ensure that consumers are given the information necessary to make informed choices among the alternative telecommunications carriers and services;

(5) Promote affordable access throughout the State to enhanced government information and services, including education, health care, public safety, and other government services; and

(6) Ensure access to essential telecommunications services for individuals with print disabilities, including providing free, print-disability-friendly telephonic access to time-sensitive information for individuals who are blind or visually impaired. For the purposes of this paragraph, "time-sensitive information" includes state and government information, public notices, emergency alerts, job opportunities, and daily newspapers.

The commission shall administer the universal service program, including the establishment of criteria by which the purposes of the program are met. [ L 1995, c 225, pt of §2; am L 2025, c 202, §2]
Haw. Rev. Stat. § 268-3 — HI Code / Division 1 / Title 15 / Chapter 268 / Section 268-3
Survey.
Status: in_force

The department of transportation may make any examination, investigation, survey, or reconnaissance it deems necessary for obtaining information relative to the acquisition, construction, or operation of the ferry or ferry facilities.
Haw. Rev. Stat. § 271-6 — HI Code / Division 1 / Title 15 / Chapter 271 / Section 271-6
REPEALED.
Status: in_force

L Sp 1977 1st, c 20, §3.
Haw. Rev. Stat. § 269-25 — HI Code / Division 1 / Title 15 / Chapter 269 / Section 269-25
Valuations.
Status: in_force

The public utilities commission may either upon its own motion or upon application by any utility for any order where the commission deems it advisable and to the best interest of the public and the utility cause a valuation to be made to ascertain for any purpose specified in this chapter the value of the property of any public utility and every fact and element of value which in its judgment may or does have any bearing on such value. The commission may make revaluations and ascertain the value of all additions, betterments, extensions, and acquisitions of property of any public utility.
Haw. Rev. Stat. § 269-27.8 — HI Code / Division 1 / Title 15 / Chapter 269 / Section 269-27.8
[ §269-27.
Status: in_force

[ §269-27.8] Electric cooperative cost recovery for wildfire mitigation, repair, and restoration costs. (a) An electric cooperative may recover commission-approved wildfire mitigation, repair, and restoration costs through an automatic rate adjustment clause or other tariff recovery mechanism to be established by the commission.

(b) For purposes of this section, "electric cooperative" means a public utility that satisfies the requirements under section 269-31(c). [L 2025, c 258, pt of §1]
Haw. Rev. Stat. § 269-46.2 — HI Code / Division 1 / Title 15 / Chapter 269 / Section 269-46.2
Compensation for solar and energy storage exports.
Status: in_force

(a) Notwithstanding any law to the contrary, energy exported to the electric grid past a participating customer-generator's point of common coupling from photovoltaic solar systems paired with energy storage as part of a grid service program shall be credited at a rate of electricity to be established by the public utilities commission for the relevant time period. The rate shall be sufficient to encourage deployment of customer-sited distributed energy resources to meet the goal established pursuant to section 269-46.1.

(b) The public utilities commission shall establish grid service compensation values that compensate system owners for the resiliency, capacity, and ancillary service value provided by their system. The compensation values shall be sufficient to encourage participation in grid service programs.

(c) This section shall not apply to a member-owned cooperative electric utility. [L 2025, c 266, pt of §2]
Haw. Rev. Stat. § 273-1 — HI Code / Division 1 / Title 15 / Chapter 273 / Section 273-1
Franchise.
Status: in_force

The comptroller, by and with the consent of the governor, may enter into contract with any association of persons who may associate themselves together under the general corporation law of the State, and by the general law in relation to corporations and subject to all the provisions thereof, for the purpose of building and operating a railroad or railroads in any part of the State.
Haw. Rev. Stat. § 263A-3 — HI Code / Division 1 / Title 15 / Chapter 263A / Section 263A-3
Additional tests.
Status: in_force

The person tested may select and allow any physician, registered nurse, or person licensed in a clinical laboratory occupation under section 321-13 to withdraw blood or have any person administer a test or tests in addition to any administered at the direction of a law enforcement officer. The results of the additional test or tests may be used as provided in section 263A-5. The failure or inability to obtain an additional test by a person shall not preclude the admission of a test or tests taken at the direction of a law enforcement officer. Upon the request of the person who is tested, full information concerning the test or tests taken at the direction of the law enforcement officer shall be made available to the person.
Haw. Rev. Stat. § 269-170 — HI Code / Division 1 / Title 15 / Chapter 269 / Section 269-170
Green infrastructure loan program order; application.
Status: in_force

(a) The authority shall submit an application to the public utilities commission for the use or other disposition of amounts deposited or held in the green infrastructure special fund pursuant to section 196-65 prior to the allocation, use, expenditure, or other disposition of any such amounts; provided that this subsection shall not apply to the expenditure of amounts deposited or held in the green infrastructure special fund that have been reviewed and approved by the public utilities commission for operational or administrative expenses of the authority pursuant to section 196-64.

(b) An application submitted by the authority to the public utilities commission under this section shall include the following:

(1) A description of each project, program, financing agreement, or other arrangement for which the authority seeks to allocate, use, expend, or otherwise dispose of amounts deposited or held in the green infrastructure special fund, including:

(A) The clean energy technology, demand response technology, and energy use reduction and demand side management infrastructure, programs, and services to be financed;

(B) A description of the parties, both direct and incidental, intended to benefit from any financing made in connection with the green infrastructure special fund amounts requested by the authority in an application submitted to the public utilities commission under this section;

(C) A description of the loan programs or other arrangements designed, established, identified, agreed to, agreed to in principle, continued, carried over, or otherwise intended to be effectuated for the use of the green infrastructure special fund amounts requested by the authority in an application submitted to the public utilities commission under this section; and

(D) Any and all funding or credit sources identified, pledged, dedicated, or otherwise provided to supplement the green infrastructure special fund amounts requested by the authority in an application submitted to the public utilities commission under this section;

(2) Minimum lending, crediting, or investing criteria in relation to each project, program, financing agreement, or other arrangement described in an application submitted to the public utilities commission under this section;

(3) A description of the repayment processes, mechanisms, and applicable calculations for each project, program, financing agreement, or other arrangement described in an application submitted to the public utilities commission under this section;

(4) An explanation of the anticipated impacts and benefits to electric utility ratepayers of any project, program, financing agreement, or other arrangement described under an application submitted by the authority to the public utilities commission under this section; and

(5) Any other additional information determined to be necessary by the public utilities commission upon the review of an application submitted or resubmitted by the authority under this section. [L 2013, c 211, pt of §3]
Haw. Rev. Stat. § 269-14.5 — HI Code / Division 1 / Title 15 / Chapter 269 / Section 269-14.5
Appointment of receiver for public utilities.
Status: in_force

(a) Whenever the commission finds that a regulated water utility, regulated investor-owned electric utility, or regulated sewer utility is failing, or that there is an imminent threat of the utility failing, to provide adequate and reasonable service to its customers, and that the failure is a serious and imminent threat to health, safety, and welfare, the commission may appoint a receiver to take any temporary action necessary to assure continued service or to bring the service up to appropriate regulatory standards. The commission may also appoint a receiver to take any temporary action necessary to assure continued service if, after notice and hearing, the commission finds that any water, electric, or sewer utility regulated under this chapter consistently fails to provide adequate and reasonable service. In carrying out its responsibilities, the receiver and any additional outside legal counsel, consultants, or staff the commission or receiver may deem necessary under the circumstances, shall have the authority to gain access to all of the utility company assets and records and to manage those assets in a manner that will restore or maintain an acceptable level of service to customers. The receiver shall be authorized to expend existing utility company revenues for labor and materials and to commit additional resources as are essential to providing an acceptable level of service. The appointed receiver shall recognize and maintain the terms and conditions of any existing collective bargaining agreement at the time of and throughout receivership and shall not induce or cause a reduction in force, or terminate a covered employee, other than for a cause consistent with any collective bargaining agreement. Any expenditures shall be funded in accordance with generally accepted ratemaking practices. Any costs incurred by the commission, its staff, or the appointed receiver under this section shall be the responsibility of the utility in receivership or its ratepayers. Control of and responsibility for the utility shall remain with the receiver until the utility can be returned to the original owners, transferred to new owners, or liquidated as the commission determines to be in the public interest.

(b) If the commission determines that the utility's action or inaction that caused it to be placed under the control and responsibility of a receiver under this section was due to intentional misappropriation or wrongful diversion of the assets or income of the utility or to other wilful misconduct by any director, officer, or manager of the utility, it may require such director, officer, or manager to make restitution to the utility. [L 2009, c 74, §2; am L 2025, c 277, §2]
Haw. Rev. Stat. § 269-12 — HI Code / Division 1 / Title 15 / Chapter 269 / Section 269-12
Notices.
Status: in_force

(a) Whenever an investigation is undertaken by the public utilities commission, reasonable notice in writing of such fact and of the subject or subjects to be investigated shall be given to the public utility or the person concerned, and when based upon complaints made to it as prescribed in section 269-7, a copy of the complaint, and a notice in writing of the date and place fixed by the commission for beginning the investigation, shall be served upon the public utility or the person concerned, or other respondent and the complainant not less than two weeks before the date designated for the hearing.

(b) Any notice provided pursuant to section 269-16(b), shall plainly state the rate, fare, charge, classification, schedule, rule, or practice proposed to be established, abandoned, modified, or departed from and the proposed effective date thereof and shall be given by filing the notice with the commission and keeping it open for public inspection.

(c) Any public hearing held pursuant to section 269-16(b), shall be a noticed public hearing or hearings on the island or islands on which the utility provides utility services. Notice of the hearing, with the purpose thereof and the date, time, and place at which it will open, shall be given not less than once in each of three weeks in the county or counties in which the utility provides utility service, the first notice being not less than twenty-one days before the public hearing and the last notice being not more than two days before the scheduled hearing. The applicant or applicants shall notify their consumers or patrons of the proposed change in rates and of the time and place of the public hearing not less than one week before the date set, the manner and the fact of notification to be reported to the commission before the date of hearing. [L 1913, c 89, §10; RL 1925, §2198; RL 1935, §7950; RL 1945, §4711; RL 1955, §104-11; HRS §269-12; am L 1983, c 98, §1; am L 1991, c 57, §8; am L 1998, c 2, §81; am L 2009, c 29, §2]
Haw. Rev. Stat. § 269-15.5 — HI Code / Division 1 / Title 15 / Chapter 269 / Section 269-15.5
Appeals.
Status: in_force

Except as otherwise provided in this chapter, an appeal from an order of the public utilities commission under this chapter shall lie, subject to chapter 602, in the manner provided for civil appeals from the circuit courts. Only a person aggrieved in a contested case proceeding provided for in this chapter may appeal from the order, if the order is final, or if preliminary, is of the nature defined by section 91-14(a). The commission may elect to be a party to all matters from which an order of the commission is appealed, and the commission may file appropriate responsive briefs or pleadings in the appeal; provided that where there was no adverse party in the case below, or in cases where there is no adverse party to the appeal, the commission shall be a party to all matters in which an order of the commission is appealed and shall file the appropriate responsive briefs or pleadings in defending all such orders. The appearance of the commission as a party in appellate proceedings in no way limits the participation of persons otherwise qualified to be parties on appeal. The appeal shall not of itself stay the operation of the order appealed from, but the appellate court may stay the order after a hearing upon a motion therefor and may impose conditions it deems proper, including but not limited to requiring a bond, requiring that accounts be kept, or requiring that other measures be taken as ordered to secure 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. § 269-20 — HI Code / Division 1 / Title 15 / Chapter 269 / Section 269-20
Certificates of public convenience and necessity for water carriers.
Status: in_force

(a) No person which holds itself out to the general public to engage in the transportation by water of passengers or property or any class or classes thereof for compensation, between points in the State of Hawaii, shall operate unless there is in force with respect to such carrier a certificate of public convenience and necessity issued by the commission authorizing such transportation; provided that this section shall not apply to any carrier by water to the extent that the carrier is excluded from the definition of a public utility under section [269-1(2)(E) and (F)].

(b) Applications for certificates shall be made in writing under oath to the commission in such form as it requires.

(c) A certificate shall be issued to any qualified applicant therefor, authorizing the whole or any part of the operations covered by the application, if it is found that the applicant is fit, willing, and able properly to perform the service proposed and to conform to the provisions of this chapter and the requirements, rules and regulations of the commission thereunder, and that the proposed service, to the extent authorized by the certificate, is or will be required by the present or future public convenience and necessity; otherwise such application shall be denied. Any certificate issued shall specify the service to be rendered and the routes and ports which the water carrier is to serve and there shall be attached to the exercise of the privileges granted by the certificate, at the time of issuance and from time to time thereafter, such reasonable conditions and limitations as the public convenience and necessity may require.

(d) The commission may at any time suspend, change or revoke such certificate in the manner provided in section 271-19. [L 1933, c 169, pt of §4; RL 1945, §4719; am L 1945, c 189, §1; am L 1949, c 366, §2; RL 1955, §104-19; HRS §269-20; am L 1969, c 55, §1]

Revision Note

Provisions of subsection (c) authorizing the issuance of a certificate to a carrier under L 1969, c 55, §1, deleted as obsolete.
Haw. Rev. Stat. § 271-28 — HI Code / Division 1 / Title 15 / Chapter 271 / Section 271-28
Collection of rates and charges.
Status: in_force

No common carrier by motor vehicle shall deliver or relinquish possession at destination of any freight transported by it until all tariff rates and charges thereon have been paid, except under such rules and regulations as the public utilities commission may from time to time prescribe to govern the settlement of all the rates and charges, including rules and regulations for weekly or monthly settlement, and to prevent unjust discrimination or undue preference or prejudice; provided that this section shall not be construed to prohibit any carrier from extending credit in connection with rates and charges on freight transported for the United States, for any department, bureau, or agency thereof, or for any state or political subdivision thereof.
Haw. Rev. Stat. § 269-43 — HI Code / Division 1 / Title 15 / Chapter 269 / Section 269-43
Carriers of last resort.
Status: in_force

(a) The commission may define and designate local exchange service areas where the commission has determined that providing universal service funds to a single provider will be the most appropriate way to ensure service for these areas.

(b) The commission shall determine the level of service that is appropriate for each designated local exchange service area and shall invite telecommunications providers to bid for a level of service that is appropriate. The successful bidder shall be designated the carrier of last resort for the designated local exchange service area for a period of time and upon conditions set by the commission. In determining the successful bidder, the commission shall take into consideration the level of service to be provided, the investment commitment, and the length of the agreement, in addition to the other qualifications of the bidder.

(c) The universal service fund shall also provide service drops and basic service at discounted rates to public institutions, as stated in section 269-41.

(d) The commission shall adopt rules pursuant to chapter 91 to carry out the provisions of this section. [L 1995, c 225, pt of §2]
Haw. Rev. Stat. § 273-5 — HI Code / Division 1 / Title 15 / Chapter 273 / Section 273-5
Width of land taken.
Status: in_force

The lands to be taken or used for the line of any railway lawfully authorized, shall not exceed one hundred feet in width, except where greater width is necessary for engines or carriages to turn, stand in, or pass each other, or for stations, or for raising embankments, or for crossing valleys or low grades, or for cutting through high grounds, or for the erection or establishment of any fixed or permanent wharf, warehouse, tollhouse, machinery, or other building or erection, or for excavating, removing, or depositing earth or other material.
Haw. Rev. Stat. § 269-174 — HI Code / Division 1 / Title 15 / Chapter 269 / Section 269-174
Miscellaneous.
Status: in_force

Neither the department nor a financing party shall be considered an electric utility or person providing electric service by virtue of engaging in the transactions described in this part.
Haw. Rev. Stat. § 271-39 — HI Code / Division 1 / Title 15 / Chapter 271 / Section 271-39
Motor carrier indemnification agreements prohibited.
Status: in_force

(a) Any provision in a transportation services contract or agreement that requires a motor carrier to indemnify, defend, or hold harmless or that purports to indemnify, defend, or hold harmless, whether in whole or in part , the indemnitee under the contract or agreement from any claim or liability arising from the negligence or intentional acts or omissions of the indemnitee, shall be deemed void and unenforceable as a matter of law to the extent that the provision seeks to indemnify, defend, or hold harmless the indemnitee for the negligent or intentional acts or omissions of the indemnitee.

(b) For purposes of this section:

"Indemnitee" means a person who:

(1) Enters into a transportation services contract or agreement to use the services of a motor carrier, or to permit a motor carrier to enter the person's premises; and

(2) In the contract or agreement, is being, or has the effect of being indemnified, defended, or held harmless from claims or liabilities for that person's negligence or intentional acts or omissions.

"Indemnitee" includes an agent, employee, servant, or independent contractor of the person described in paragraphs (1) and (2) of this definition.

"Motor carrier" includes an agent, employee, servant, or independent contractor of the motor carrier.

"Transportation services" means:

(1) The transportation of persons or property;

(2) Entry upon property to load, unload, or transport persons or property; or

(3) Providing a service, including the storage of property, incidental to paragraph (1) or (2) of this definition. [L 2012, c 298, §2]
Haw. Rev. Stat. § 269-106 — HI Code / Division 1 / Title 15 / Chapter 269 / Section 269-106
Billing periods; twelve-month reconciliation.
Status: in_force

(a) Billing of net energy metering customers shall be on a monthly basis; provided that the last monthly bill for each twelve-month period shall reconcile for that twelve-month period the net electricity provided by the electric utility with:

(1) The electricity generated by the eligible customer-generator and fed back to the electric grid over the monthly billing period; and

(2) Any unused credits for excess electricity from the eligible customer-generator carried over from prior months since the last twelve-month reconciliation period.

(b) Credits for excess electricity from the eligible customer-generator that remain unused after each twelve-month reconciliation period may not be carried over to the next twelve-month period. [L 2001, c 272, pt of §6; am L 2005, c 104, §6]
Haw. Rev. Stat. § 264-26 — HI Code / Division 1 / Title 15 / Chapter 264 / Section 264-26
Combination of federal and state funds.
Status: in_force

(a) Every agreement for the engineering or construction of federal-aid highways or for the acquisition of rights-of-way for these highways shall be made on behalf of the State by the director of transportation. Section 103D-309 shall apply only to that portion of the price that is payable out of local funds. As to that portion of the price that is payable out of federal-aid funds, the agreement is that the State will pay the contractor only out of federal funds actually received for that portion of the project and is not a general agreement on the part of the State to pay that portion out of any other funds. Each agreement shall be deemed to contain a provision to that effect whether specifically included or not.

(b) Any moneys appropriated for the State's share of the price or any moneys in the state highway fund created by section 248-8, in the discretion of the director, may be drawn upon to advance the federal share of payments:

(1) Earned by contractors on federal-aid projects for completed portions of the work; or

(2) Due the owners for property conveyed by them,

where the necessary federal-aid moneys are not immediately forthcoming; provided that the appropriation or fund, as applicable, shall be reimbursed for the advances when federal-aid moneys are received. [L 1929, c 53, pt of §1; am L 1933, c 77, §1; RL 1935, §1714; RL 1945, §4965; RL 1955, §111-6; am L 1967, c 116, §1; HRS §264-26; am L Sp 1993, c 8, §20; am L 2020, c 70, §15]
Haw. Rev. Stat. § 269-46.4 — HI Code / Division 1 / Title 15 / Chapter 269 / Section 269-46.4
Wheeling; renewable energy; rules.
Status: in_force

(a) Notwithstanding any provision of this chapter to the contrary, the authorization for wheeling under this chapter shall be restricted to wheeling of renewable electricity.

(b) No later than January 1, 2027, the public utilities commission shall establish, by rule or order, policies and procedures to implement wheeling and microgrid service tariffs that include appropriate charges for wheeling participants and any consumer protection measures the commission deems necessary; provided that any wheeling project eligible under the rule or order shall have a capacity of not less than one hundred kilowatts alternating current and not more than two megawatts alternating current.

(c) This section shall not apply to a member-owned cooperative electric utility. [L 2025, c 266, pt of §2]
Haw. Rev. Stat. § 269-73 — HI Code / Division 1 / Title 15 / Chapter 269 / Section 269-73
Electric vehicle charging system; rebate program; administrator; establishment.
Status: in_force

(a) The public utilities commission may contract with a third-party administrator to operate and manage any programs established under section 269-72. The administrator shall not be deemed to be a "governmental body" as defined in section 103D-104; provided that all moneys transferred to the third-party administrator shall have been appropriated by the legislature or shall be from funds provided by the federal government or private funding sources. The administrator shall not expend more than fifteen per cent of the amounts appropriated for the rebate program or other reasonable percentage determined by the public utilities commission for administration of the programs established under section 269-72; provided that program administration expenses may include marketing and outreach expenses to increase program participation, if needed; provided further that not more than ten per cent of the amounts appropriated for the rebate program may be expended on non-marketing and outreach programs or administration of the program.

(b) The electric vehicle charging system rebate program administrator shall be subject to regulation by the public utilities commission under any provision applicable to a public utility in sections 269-7, 269-8, 269-8.2, 269-8.5, 269-9, 269‑10, 269-13, 269-15, 269-19.5, and 269-28, and shall report to the public utilities commission on a regular basis. Notwithstanding any other provision of law to the contrary, the electric vehicle charging system rebate program administrator shall not be an electric public utility or an electric public utility affiliate. [L 2019, c 142, pt of §2; am L 2022, c 202, §3]
Haw. Rev. Stat. § 264-44 — HI Code / Division 1 / Title 15 / Chapter 264 / Section 264-44
Maintenance of state highway system.
Status: in_force

(a) The maintenance of the state highway system may be performed either by public employment or by contract, or the director of transportation may have the maintenance performed by the county in which the highways are situated, by public employment or by contract, upon authorization of the legislative body of the county concerned.

(b) All maintenance work shall consider the extent to which work undertaken will increase traffic congestion and the director shall ensure that action is taken to reasonably minimize any adverse impact. The feasibility of off-hour maintenance work shall be considered for all maintenance work that results in significant traffic congestion or delay.

(c) As used in this section, "off-hour maintenance work" means maintenance work performed between the hours of six o'clock p.m. and six o'clock a.m. [L 1967, c 163, §3; HRS §264-44; am L 1992, c 42, §3]
Haw. Rev. Stat. § 262-10 — HI Code / Division 1 / Title 15 / Chapter 262 / Section 262-10
Enforcement and remedies.
Status: in_force

Any person who wilfully violates section 262-7(a) or any regulations, orders, or rulings promulgated or made pursuant to this chapter, shall for each violation, be fined not more than $1,000 or imprisoned not more than ninety days, or both. In addition the director of transportation may institute, in any court of competent jurisdiction, an action in the name of the State to prevent, restrain, correct, or abate any violation of this chapter, or of airport zoning regulations adopted under this chapter, or of any order or ruling made in connection with their administration or enforcement, and the court shall adjudge to the State such relief, by way of injunction (which may be mandatory) or otherwise, as may be proper under all the facts and circumstances of the case, to effectuate the purposes of this chapter and of the regulations adopted and orders and ruling made pursuant thereto.
Haw. Rev. Stat. § 263A-5 — HI Code / Division 1 / Title 15 / Chapter 263A / Section 263A-5
Revocation of privilege to operate an aircraft upon refusal to submit to testing.
Status: in_force

(a) If a person under arrest refuses to submit to a breath or blood test, none shall be given except as provided in section 263A-9, but the law enforcement officer, as soon as practicable, shall submit an affidavit to a district judge of the circuit in which the arrest was made, stating:

(1) That at the time of the arrest, the law enforcement officer had probable cause to believe the arrested person had either been flying or was in actual physical control of an aircraft while under the influence of intoxicating liquor;

(2) That the arrested person had been informed of the sanctions of this section; and

(3) That the person had refused to submit to a breath or blood test.

(b) Upon receipt of the affidavit, the district judge shall hold a hearing as provided in section 263A-6, and shall determine whether the statements contained in the affidavit are true. If the district judge finds the statements contained in the affidavit are true, the judge shall prohibit the person from operating an aircraft from a state or private airport for a period of one year.

(c) Whenever a court penalizes a person under this section, it shall also require that the person be referred to a substance abuse counselor who has been certified pursuant to section 321-193 for an assessment of the person's alcohol dependence and the need for treatment. The counselor shall submit a report with recommendations to the court. The court may require the person to obtain appropriate treatment. All costs for such assessment or treatment or both shall be borne by the penalized person.

(d) The penalties provided by this section are additional penalties and not substitutes for other penalties provided by law. [L 1991, c 274, pt of §1]
Haw. Rev. Stat. § 271-26 — HI Code / Division 1 / Title 15 / Chapter 271 / Section 271-26
Records to be maintained in State.
Status: in_force

Each motor carrier maintaining an office or place of business within this State shall keep therein all books, accounts, papers, and records required by the public utilities commission to be kept within this State. No books, accounts, papers, or records shall be at any time removed from the State except upon such conditions or rules as the commission may prescribe. Motor carriers performing transportation regulated under this chapter which do not maintain an office or place of business within the State shall make books, accounts, papers, and records pertaining to transportation available to the commission at its request at a place designated within this State, for examination by the commission, or in the alternative reimburse the commission for the actual expense of examining the books, accounts, papers, or records at the place outside of the State where these records are kept.
Haw. Rev. Stat. § 269-26.5 — HI Code / Division 1 / Title 15 / Chapter 269 / Section 269-26.5
Preferential water rates for agricultural activities.
Status: in_force

(a) It is the policy of the State to promote the long-term viability of agriculture by establishing mechanisms that provide for preferential rates for potable water for agricultural activities. The public utilities commission shall have the authority to establish preferential rates for potable water used for agricultural activities in a public utility's service area.

(b) Upon receipt of a bona fide request for preferential rates for potable water to be used for agricultural activities, and proof that the customer engages in agricultural activities, a public utility shall provide proposed preferential rates for potable water to be used only for qualified agricultural activities to the public utilities commission for approval. All such rates approved by the public utilities commission shall be subsidized by the potable water rates charged to other customers of the public utility if required as determined by the public utilities commission. In reviewing the proposed preferential rates, the public utilities commission, in consultation with the department of agriculture and biosecurity, may establish additional criteria to qualify bona fide agribusinesses for water used solely for agricultural activities. For rate cases initiated pursuant to this section, the public utilities commission shall allow the recovery of any reasonable unamortized costs incurred by the public utility in its previous rate case; provided however, upon full amortization of these costs, rates shall be adjusted accordingly. [L 2008, c 169, §2 ; am L 2025, c 236, §17 ]
Haw. Rev. Stat. § 261-5 — HI Code / Division 1 / Title 15 / Chapter 261 / Section 261-5
Disposition of airport revenue fund.
Status: in_force

(a) Except for:

(1) All proceeds from the passenger facility charge and deposited in the passenger facility charge special fund; and

(2) All proceeds from the rental motor vehicle customer facility charge and deposited in the rental motor vehicle customer facility charge special fund,

all moneys received by the department from rents, fees, and other charges collected pursuant to this chapter, as well as all aviation fuel taxes paid pursuant to section 243-4(a)(2), shall be paid into the airport revenue fund created by section 248-8.

All moneys paid into the airport revenue fund shall be appropriated, applied, or expended by the department for any purpose within the jurisdiction, powers, duties, and functions of the department related to the statewide system of airports, including, without limitation, the costs of operation, maintenance, and repair of the statewide system of airports and reserves therefor, and acquisitions (including real property and interests therein), constructions, additions, expansions, improvements, renewals, replacements, reconstruction, engineering, investigation, and planning for the statewide system of airports, all or any of which in the judgment of the department are necessary to the performance of its duties or functions. The department shall generate sufficient revenues from its airport properties to meet all of the expenditures of the statewide system of airports and to comply with section 39-61; provided that as long as sufficient revenues are generated to meet such expenditures, the director of transportation may, in the director's discretion, grant a rebate of the aviation fuel taxes paid into the airport revenue fund during a fiscal year pursuant to sections 243-4(a)(2) and 248-8 to any person who has paid airport use charges or landing fees during such fiscal year. Such rebate may be granted during the next succeeding fiscal year but shall not exceed one-half cent per gallon per person, and shall be computed on the total number of gallons for which the tax was paid by such person, for such fiscal year.

(b) At any time the director of transportation may transfer from the airport revenue fund all or any portion of the moneys received by the department paid under a contract entered into as authorized by section 261-7 on account of the display, sale and delivery of in-bond merchandise displayed or sold at locations in the State other than on airport properties, as permitted under federal law without causing a violation of federal grant agreements, which the director of transportation shall determine, pursuant to rules promulgated pursuant to chapter 91, to be in excess of one hundred fifty per cent of the requirements of the airport revenue fund for the ensuing twelve months.

(c) All expenditures by the department shall be on vouchers duly approved by the director of transportation or such other officer as may be designated by the director. [L 1947, c 32, pt of §1; RL 1955, §15-10; am L Sp 1959 2d, c 1, §26; am L 1962, c 24, §§2, 3; HRS §261-5; am L 1968, c 20, §2; am L 1969, c 10, §6 and c 99, §1; gen ch 1985; am L 1989, c 309, §6; am L 1990, c 149, §2; am L 2004, c 101, §4; am L 2008, c 226, §6; am L 2015, c 237, §6]
Haw. Rev. Stat. § 264-79 — HI Code / Division 1 / Title 15 / Chapter 264 / Section 264-79
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 control of outdoor advertising in areas adjacent to any federal-aid highway, and take action in the name of the State to comply with the terms of the agreement.
Haw. Rev. Stat. § 271-9 — HI Code / Division 1 / Title 15 / Chapter 271 / Section 271-9
General duties and powers of the commission.
Status: in_force

(a) The general duties and powers of the public utilities commission shall be:

(1) To regulate common carriers by motor vehicle, and to that end the commission shall establish reasonable requirements with respect to continuous and adequate service, leasing of motor vehicles, uniform system of accounts, records, and reports, and preservation of records.

(2) To regulate contract carriers by motor vehicle, and to that end the commission shall establish reasonable requirements with respect to leasing of motor vehicles, uniform system of accounts, records, and reports, and preservation of records.

(3) To administer, execute, and enforce this chapter, to make all necessary orders in connection therewith, and to prescribe rules, regulations, and procedures for the administration.

(4) For purposes of the administration of this chapter, to inquire into the management of the business of motor carriers, and into the management of the business of persons controlling, controlled by, or under common control with, motor carriers to the extent that the business of these persons is related to the management of the business of one or more motor carriers, and the commission shall keep itself informed as to the manner and method in which the same are conducted, and may obtain from the carriers and persons such information as the commission deems necessary to carry out the provisions of this chapter.

(5) To investigate any person acting in the capacity of or engaging in the business of a motor carrier within the State, without having a certificate of public convenience and necessity or other authority previously obtained under and in compliance with this chapter or the rules promulgated thereunder.

(b) The commission may from time to time establish such just and reasonable classifications of groups of carriers included in the term "common carrier by motor vehicle" or "contract carrier by motor vehicle", as the special nature of the services performed by the carriers shall require, and such just and reasonable rules, regulations, and requirements, consistent with this chapter, to be observed by the carriers so classified or grouped, as the commission deems necessary or desirable in the public interest.

(c) Upon complaint in writing to the commission by any person or body politic, or upon its own initiative without complaint, the commission may investigate whether any motor carrier has failed to comply with any provision of this chapter, or with any regulation, requirements, or order established or issued pursuant thereto. If the commission, after notice and hearing as prescribed in section 271-31, finds upon any investigation that the motor carrier has failed to comply with any provision, regulation, requirements, or order, the commission shall issue an appropriate order to compel the carrier to comply therewith. Whenever the commission is of the opinion that any complaint does not state reasonable grounds for investigation and action on its part, it may dismiss the complaint. [L 1961, c 121, pt of §2; am L 1962, c 12, §5; am L 1963, c 137, §1 and c 193, §34; Supp, §106C-7; HRS §271-9; am L Sp 1977 1st, c 20, §5; am L 1991, c 57, §12]
Haw. Rev. Stat. § 261E-1 — HI Code / Division 1 / Title 15 / Chapter 261E / Section 261E-1
Application of chapter; interstate or foreign commerce.
Status: in_force

This chapter shall not apply to commerce with foreign nations, with territories of the United States, or to interstate commerce, except insofar as the application is permitted under the Constitution and laws of the United States. [L Sp 2008, c 1, pt of §2]
Haw. Rev. Stat. § 269-16.6 — HI Code / Division 1 / Title 15 / Chapter 269 / Section 269-16.6
Telecommunications relay services for the deaf, persons with hearing disabilities, and persons with speech disabilities.
Status: in_force

(a) The public utilities commission shall implement intrastate telecommunications relay services for the deaf, persons with hearing disabilities, and persons with speech disabilities.

(b) The commission shall investigate the availability of experienced providers of quality telecommunications relay services for the deaf, persons with hearing disabilities, and persons with speech disabilities. The provision of these telecommunications relay services to be rendered on or after July 1, 1992, shall be awarded by the commission to the provider or providers the commission determines to be best qualified to provide these services. In reviewing the qualifications of the provider or providers, the commission shall consider the factors of cost, quality of services, and experience, and such other factors as the commission deems appropriate.

(c) If the commission determines that the telecommunications relay service can be provided in a cost-effective manner by a service provider or service providers, the commission may require every intrastate telecommunications carrier to contract with such provider or providers for the provision of the telecommunications relay service under the terms established by the commission.

(d) The commission may establish a surcharge to collect customer contributions for telecommunications relay services required under this section.

(e) The commission may adopt rules to establish a mechanism to recover the costs of administering and providing telecommunications relay services required under this section.

(f) The commission shall require every intrastate telecommunications carrier to file a schedule of rates and charges and every provider of telecommunications relay service to maintain a separate accounting for the costs of providing telecommunications relay services for the deaf, persons with hearing disabilities, and persons with speech disabilities.

(g) Nothing in this section shall 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.

(h) As used in this section:

"Telecommunications relay services" means telephone transmission services that provide an individual who has a hearing or speech disability the ability to engage in communication by wire or radio with a hearing individual in a manner that is functionally equivalent to the ability of an individual who does not have a hearing or speech disability to communicate using wire or radio voice communication services. "Telecommunications relay services" includes services that enable two-way communication using text telephones or other nonvoice terminal devices, speech-to-speech services, video relay services, and non-English relay services. [L 1988, c 207, §2; am L 1989, c 295, §2; am L 1991, c 63, §2; am L 1995, c 225, §§4, 5; am L 2003, c 50, §2]
Haw. Rev. Stat. § 264-127 — HI Code / Division 1 / Title 15 / Chapter 264 / Section 264-127
[ § 264-127] Limitations on actions.
Status: in_force

[ § 264-127] Limitations on actions. A civil lawsuit contesting an action by the department or a county under this part or under part VIII of chapter 46 shall be filed within sixty calendar days after the date of the action.
Haw. Rev. Stat. § 271-4 — HI Code / Division 1 / Title 15 / Chapter 271 / Section 271-4
Definitions.
Status: in_force

As used in this chapter:

"Certificate" means a certificate of public convenience and necessity issued under this chapter to common carriers by motor vehicle.

"Chapter" means the Motor Carrier Law.

"Commission" means the public utilities commission.

"Common carrier by motor vehicle" means any person that holds itself out to the general public to engage in the transportation by motor vehicle of passengers or property or any class or classes thereof for compensation.

"Contract carrier by motor vehicle" means any person that engages in transportation by motor vehicle of passengers or property for compensation (other than transportation referred to in the definition of "common carrier by motor vehicle") under continuing contracts with one person or a limited number of persons for the furnishing of transportation services:

(1) Through the assignment of motor vehicles for a continuing period of time to the exclusive use of each person served; or

(2) Designed to meet the distinct need of each individual customer.

"Department" means the department of transportation.

"Document" includes any application, complaint, pleading, brief, answer, motion, memorandum, declaration, exhibit, certificate of service, and other papers filed by or with the commission.

"Enforcement officer" means:

(1) Any person employed and authorized by the department to investigate any matter on behalf of the department; and

(2) A motor vehicle safety officer employed and assigned, pursuant to section 271-38, by the department to enforce this chapter.

"Highway" means the public roads, highways, streets, and ways in this State.

"Motor carrier" includes both a common carrier by motor vehicle and a contract carrier by motor vehicle.

"Motor vehicle" means any vehicle, machine, tractor, trailer, or semitrailer propelled or drawn by mechanical power and used upon the highways in the transportation of passengers or property, or any combination thereof determined by the commission, but does not include any vehicle, locomotive, or car operated exclusively on a rail or rails or a trolley bus operated by electric power derived from a fixed overhead wire, furnishing local passenger transportation similar to street-railway service.

"Permit" means a permit issued under this chapter to contract carriers by motor vehicle.

"Person" or "persons" means any individual, firm, copartnership, corporation, company, association, or joint stock association; and includes any trustee, receiver, assignee, or personal representative thereof.

"Private carrier of property by motor vehicle" means any person not included in the terms "common carrier by motor vehicle" or "contract carrier by motor vehicle", who or that transports by motor vehicle property of which the person is the owner, lessee, or bailee, when the transportation is for the purpose of sale, lease, rent, or bailment or in the furtherance of any commercial enterprise.

"Rates" includes rates, fares, tolls, rentals, and charges of whatever kind and nature unless the context indicates otherwise; provided that for transportation by motor vehicle of passengers, where the provision of transportation is part of a package that may include air fare, meals, attractions, and other services, "rates" shall only include the charges for the provision of transportation by motor vehicle.

"Transportation of persons" includes every service in connection with or incidental to the safety, comfort, or convenience of persons transported and the receipt, carriage, and delivery of these persons and their baggage.

"Transportation of property" includes every service in connection with or incidental to the transportation of property, including in particular its receipt, delivery, elevation, transfer, carriage, ventilation, refrigeration, icing, dunnage, storage in transit, handling, and consolidation for the purposes of forwarding within the State. [L 1961, c 121, pt of §2; am L 1963, c 193, §33; Supp, §106C-4; am L 1967, c 45, §1 and c 67, §1; HRS §271-4; am L 1991, c 57, §2; am L 1995, c 105, §§4, 7; am L 1996, c 102, §1; am L 1997, c 120, §6; am L 2005, c 22, §12; am L 2018, c 189, §1; am L 2020, c 70, §21; am L 2023, c 205, §4; am L 2024, c 117, §2]
Haw. Rev. Stat. § 279G-4 — HI Code / Division 1 / Title 15 / Chapter 279G / Section 279G-4
Declaration of policy.
Status: in_force

It is the policy of this State to encourage commuting to and from work by means other than a motor vehicle occupied by one person.
Haw. Rev. Stat. § 271G-3 — HI Code / Division 1 / Title 15 / Chapter 271G / Section 271G-3
Administration; governing provisions of other acts.
Status: in_force

This chapter shall be administered by the public utilities commission of the State and the provisions of this chapter and of chapter 269, not inconsistent with this chapter, shall govern its administration; provided that sections 269-16 to 269-28 shall not apply in any respect to the regulation of water carriers.
Haw. Rev. Stat. § 263-10 — HI Code / Division 1 / Title 15 / Chapter 263 / Section 263-10
Hunting from aircraft; penalty.
Status: in_force

(a) Any aeronaut or passenger who, while in flight in, across, or above the State, intentionally kills or attempts to kill any birds or animals shall be guilty of a misdemeanor and punished by a fine of not more than $1,000, or by imprisonment for not more than one year, or both.

(b) Notwithstanding any other law to the contrary, state employees and independent contractors retained by the State may, while in flight in, across, or above the State, intentionally kill or attempt to kill any wildlife in furtherance of official state duties. [L 1923, c 109, §13; RL 1925, §3903; RL 1935, §6986; RL 1945, §4933; RL 1955, §16-10; HRS §263-10; am L 2016, c 111, §1]
Haw. Rev. Stat. § 266-19.5 — HI Code / Division 1 / Title 15 / Chapter 266 / Section 266-19.5
Private financing of harbor improvements.
Status: in_force

(a) Notwithstanding any law to the contrary, the department of transportation may enter into a capital advancement contract with a private party for any public improvement to or construction of a state harbor, commercial harbor, roadstead, or other waterfront improvement belonging to or controlled by the State, if the director of transportation determines that a capital advancement contract promotes the best interest of the State by finding that:

(1) Private development is likely to be less costly than any other type of contract;

(2) Private development provides needed public improvements on a significantly more timely basis; or

(3) Public financing for the public improvements is not available on a timely basis.

(b) A capital advancement contract under subsection (a) may be financed by legislative appropriation to reimburse the private party or by credit against the private party's future rental or tariff payments to the State; provided that the terms of the contract shall ensure that the State benefits financially from the arrangement and that public use of the facility is maintained; provided further that capital advancement contracts under this section shall not be general obligations of the State for which the full faith and credit of the department is pledged and the legislature shall have no obligation to appropriate funds to reimburse a private party to a capital advancement contract.

(c) A capital advancement contract under subsection (a) shall be subject to the requirements of chapters 103 and 103D and be subject to the approval of the department of transportation; provided that all related transactions shall be subject to state audit.

(d) The department of transportation may execute capital advancement contracts pursuant to subsection (a) with a total contract value of $5,000,000 or less without legislative approval. If the total value of a capital advancement contract pursuant to subsection (a) is greater than $5,000,000 then the department of transportation shall obtain legislative approval in the form of the adoption of a concurrent resolution affirming the purpose, project, and contract issuance before executing the capital advancement contract. The total aggregate value of all capital advancement contracts entered into by the department pursuant to this section shall not exceed $30,000,000 in any fiscal year. The department shall submit a report to the legislature of all executed capital advancement contracts for the previous twelve-month period from July 1 to June 30 no later than twenty days prior to the convening of each regular session.

(e) For the purposes of this section:

"Capital advancement contract" means an agreement between the department of transportation and a private party whereby the private party agrees to furnish capital, labor, or materials for a public improvement to or construction of a state harbor, commercial harbor, roadstead, or other waterfront improvement belonging to or controlled by the State and in return for which the private party may be reimbursed in a manner to be determined by the department.

"Total value" includes any contract extension, project redesign, add-ons, or any other occurrence, act, or material cost that may increase the cost of the contracted project. [L 2001, c 285, §3; am L 2002, c 16, §11; am L 2025, c 207, §2]
Haw. Rev. Stat. § 261-53 — HI Code / Division 1 / Title 15 / Chapter 261 / Section 261-53
Findings and determination for special facility leases.
Status: in_force

The department shall not enter into any special facility lease unless the department at or prior to the entering into of the special facility lease finds and determines that:

(1) The building, structure, or facility that is to be the subject of the special facility lease will not be used to provide services, commodities, supplies, or facilities that are then adequately being made available through the airports system of the State;

(2) The result of the use or occupancy of the building, structure, or facility under the special facility lease would not result in the reduction of the revenues derived from the airports system to an amount below the amount required to be derived therefrom by section 39-61; and

(3) The entering into of the special facility lease would not be in violation of or result in a breach of any covenant contained in any resolution or certificate authorizing any bonds of the State then outstanding. [L 1971, c 160, pt of §1; am L 2020, c 70, §12]
Haw. Rev. Stat. § 269-7.5 — HI Code / Division 1 / Title 15 / Chapter 269 / Section 269-7.5
Certificates of public convenience and necessity.
Status: in_force

(a) No public utility, as defined in section 269-1, shall commence its business without first having obtained from the commission a certificate of public convenience and necessity. Applications for certificates shall be made in writing, on paper or electronically, to the commission and shall comply with the requirements prescribed in the commission's rules. The application shall include the type of service to be performed, the geographical scope of the operation, the type of equipment to be employed in the service, the name of competing utilities for the proposed service, a statement of its financial ability to render the proposed service, a current financial statement of the applicant, and the rates or charges proposed to be charged including the rules governing the proposed service.

(b) If the applicant for a certificate of public convenience and necessity has any known consumers or patrons at the time of the filing of the application, the applicant shall notify these consumers or patrons of the rates and charges proposed to be established by the application; provided that:

(1) The notice shall be mailed to the last known address of the consumer or patron on file with the applicant or the applicant's affiliates; and

(2) The manner and the fact of the notification shall be reported to the commission,

within seven days from the filing of the application.

(c) A certificate shall be issued to any qualified applicant, authorizing the whole or any part of the operations covered by the application, if it is found that the applicant is fit, willing, and able properly to perform the service proposed and to conform to the terms, conditions, and rules adopted by the commission, and that the proposed service is, or will be, required by the present or future public convenience and necessity; otherwise the application shall be denied. Any certificate issued shall specify the service to be rendered and there shall be attached to the exercise of the privileges granted by the certificate at the time of issuance and from time to time thereafter, such reasonable conditions and limitations as a public convenience and necessity may require. The reasonableness of the rates, charges, and tariff rules proposed by the applicant shall be determined by the commission during the same proceeding examining the present and future conveniences and needs of the public and qualifications of the applicant, in accordance with the standards set forth in section 269‑16.

(d) No public utility that holds a franchise or charter enacted or granted by the legislative or executive authority of the State or its predecessor governments, or that has a bona fide operation as a public utility heretofore recognized by the commission, shall be required to obtain a certificate of public convenience and necessity under this section.

(e) Any certificate, upon application of the holder and at the discretion of the public utilities commission, may be amended, suspended, or revoked, in whole or in part. The commission after notice and hearing may suspend, amend, or revoke any certificate in part or in whole, if the holder is found to be in wilful violation of any of the provisions of this chapter or with any lawful order or rule of the commission adopted thereunder, or with any term, condition, or limitation of the certificate. [L 1978, c 72, §1; am L 1986, c 127, §1; am L 2006, c 9, §1; am L 2021, c 72, §3]
Haw. Rev. Stat. § 263-2 — HI Code / Division 1 / Title 15 / Chapter 263 / Section 263-2
Sovereignty in space.
Status: in_force

Sovereignty in the space above the lands and waters of the State is declared to rest in the State, except where granted to and assumed by the United States.
Haw. Rev. Stat. § 269-29 — HI Code / Division 1 / Title 15 / Chapter 269 / Section 269-29
Perjury.
Status: in_force

Any person who wilfully and knowingly makes under oath any false statement in connection with any investigation by or proceeding before the public utilities commission shall be guilty of perjury and, upon conviction, shall be subject to the penalty prescribed by law for the offense.
Haw. Rev. Stat. § 277-3 — HI Code / Division 1 / Title 15 / Chapter 277 / Section 277-3
Acquisition of lands.
Status: in_force

The director of transportation in the name of the State and subject to the approval of the governor may for the purposes of this chapter acquire, by purchase or eminent domain, private property in fee simple, or any lesser interest therein, including leases, all property necessary for the establishment, maintenance, operation, management and control of energy corridors.
Haw. Rev. Stat. § 273-14 — HI Code / Division 1 / Title 15 / Chapter 273 / Section 273-14
Penalty for violating.
Status: in_force

Any person violating any bylaw or regulation approved in section 273-13, shall be fined not more than $25 and costs; and in default of payment, shall be imprisoned not more than three months.
Haw. Rev. Stat. § 266-1.6 — HI Code / Division 1 / Title 15 / Chapter 266 / Section 266-1.6
Hana harbor; jurisdiction.
Status: in_force

Notwithstanding any law to the contrary, the department of transportation shall have jurisdiction and administrative authority over Hana harbor, excluding its small boat ramp facility. The Hana harbor small boat ramp facility shall remain under the jurisdiction and administrative authority of the department of land and natural resources.
Haw. Rev. Stat. § 269-144 — HI Code / Division 1 / Title 15 / Chapter 269 / Section 269-144
Compliance and enforcement.
Status: in_force

(a) The commission shall take all necessary steps, including audits, spot checks, data requests, report requests, and internal monitoring procedures, to ensure that any electric utility, any user, owner, or operator of the Hawaii electric system, or any other person, business, or entity connecting to the Hawaii electric system is in compliance with all adopted reliability standards and interconnection requirements, as appropriate.

(b) The commission may impose reasonable penalties on any user, owner, or operator of the Hawaii electric system, or any other person, business, or entity connecting to the Hawaii electric system acting in violation of an adopted reliability standard after notice as provided under section 269-12 and an opportunity for a proceeding under section 269-15 has been given.

(c) The commission shall adopt rules pursuant to chapter 91 for the issuance of any penalty under this section. In adopting rules, the commission may make provisions for the Hawaii electric reliability administrator to recommend penalties and enforcement to the commission. [L 2012, c 166, pt of §2]
Haw. Rev. Stat. § 269-8.5 — HI Code / Division 1 / Title 15 / Chapter 269 / Section 269-8.5
Annual financial reports.
Status: in_force

All annual financial reports required to be filed with the commission by public utilities shall include a certification that such report conforms with the applicable uniform system of accounts adopted by the commission.
Haw. Rev. Stat. § 268-10 — HI Code / Division 1 / Title 15 / Chapter 268 / Section 268-10
Authority as a common carrier; rights and liabilities.
Status: in_force

The department of transportation shall have all the obligations, duties, and rights of a common carrier of persons and property in its operation of ferries, terminals, or other facilities used in its ferry operations, including the right to participate in joint rates and through routes, agreements, and divisions of through and joint rates with railroads and other common carriers and the right to make any filings with the Interstate Commerce Commission, the United States Maritime Commission, or any other state or federal regulatory or governmental body and to comply with the lawful rules and regulations or requirements of any such body, and shall be subject to laws relating to carrier's liability for loss or damage to property transported, and for personal injury or death of persons transported.
Haw. Rev. Stat. § 262-9 — HI Code / Division 1 / Title 15 / Chapter 262 / Section 262-9
Application.
Status: in_force

If the airport zoning regulations adopted under this chapter, although generally reasonable, are finally held to interfere with the use or enjoyment of a particular structure or parcel of land to such an extent as to be in violation of the State Constitution or the Constitution of the United States, the holding shall not affect the application of the regulations to other structures and parcels of land.
Haw. Rev. Stat. § 269-104 — HI Code / Division 1 / Title 15 / Chapter 269 / Section 269-104
Additional customer-generators.
Status: in_force

Notwithstanding section 269-102, an electric utility is not obligated to provide net energy metering to additional customer-generators in its service area when the combined total peak generating capacity of all eligible customer-generators served by all the electric utilities in that service area furnishing net energy metering to eligible customer-generators equals .5 per cent of the system peak demand of those electric utilities; provided that the public utilities commission may increase, by rule or order, the allowable percentage of the electric utility's system peak demand produced from eligible customer-generators in the electric utility's service area, whereupon the electric utility will be obligated to provide net energy metering to additional eligible customer-generators in that service area up to the increased percentage amount.
Haw. Rev. Stat. § 269-16.3 — HI Code / Division 1 / Title 15 / Chapter 269 / Section 269-16.3
Statewide rate increase surcharge assessment on ratepayers in emergency situations.
Status: in_force

(a) Any utility that sustains damage to its facilities as a result of a state of emergency or local state of emergency, including emergencies as defined in chapter 127A, and incurs costs related to the restoration and repair of its facilities which, if assessed only on the utility ratepayers of the affected utility service territory, may result in a rate increase of more than fifteen per cent for the average ratepayer in that utility service territory, may apply to the public utilities commission in accordance with this section to recover the costs provided herein through a monthly surcharge which shall be assessed on a statewide basis and shall be based on the utility's net restoration and repair costs; provided that the surcharge shall not result in an assessment of more than fifteen per cent for the average ratepayer in each of the other utility service territories and provided further that the public utilities commission shall exclude ratepayers in utility service territories with rates that may be substantially higher than other utility service territories in the State.

The public utilities commission shall have the authority to initially set, or subsequently revise, the surcharge to reflect the actual net restoration and repair costs incurred after deduction of amounts received from outside sources of recovery. Such outside sources of recovery shall include, but not be limited to, insurance proceeds, government grants, and shareholder contributions.

(b) Any utility meeting the criteria set forth in subsection (a) may file an application with the public utilities commission setting forth its estimated restoration and repair costs as well as the estimated amount or amounts that may be received from outside sources of recovery.

(c) Within ninety days after filing of the utility's application, the public utilities commission, upon notice, hearing, and a determination that the application is just, reasonable, and in the public interest, shall:

(1) Decide the extent to which it is just, reasonable, and in the public interest for the damaged utility's ratepayers or shareholders, or both, to bear part or all of the repair and restoration costs;

(2) Determine whether the estimated amount of any net restoration and repair costs to be borne by the ratepayers of the damaged utility would result in a rate increase of more than fifteen per cent for the average residential ratepayer in that utility's service territory;

(3) Issue an order allowing the affected utility or another utility acting on behalf of the affected utility to implement a monthly surcharge on all ratepayers statewide for the type of service rendered by the affected utility if the public utilities commission determines pursuant to paragraph (2) that a rate increase of more than fifteen per cent would otherwise be assessed;

(4) Exclude from any such order ratepayers in utility service territories with rates that are substantially higher than other utility service territories in the State; and

(5) Periodically review the order to ensure that the amounts collected by, or on behalf of, the utility shall not exceed the amount determined by the public utilities commission to be the net restoration and repair costs actually incurred.

The surcharge shall be assessed over a period to be determined by the public utilities commission; provided, however, that the period shall not exceed ten years.

(d) Any outside sources of recovery, including but not limited to grants from federal or state sources, shall be used to offset any repair and restoration costs except where the use of such funds is otherwise limited by the grantor thereof.

(e) For the purposes of this section, the term "restoration and repair costs" means those costs necessary to restore facilities damaged by a state-declared emergency to a functional level substantially the same as that existing immediately before the emergency and does not include the costs of upgrades or enhancements.

(f) Any utility authorized by the public utilities commission to assess a surcharge pursuant to this section shall state separately the amount of the assessment on each affected ratepayer's monthly bill. [L 1993, c 337, §4; am L 2014, c 111, §9]
Haw. Rev. Stat. § 271G-20 — HI Code / Division 1 / Title 15 / Chapter 271G / Section 271G-20
Collection of rates and charges.
Status: in_force

No water carrier shall deliver or relinquish possession at destination of any freight transported by it until all tariff rates and charges thereon have been paid if such delivery or relinquishment without payment of all such rates and charges has been prohibited or restricted by rules and regulations of the commission, and if so prohibited and restricted, then delivery or relinquishment shall be made only under such rules and regulations as the public utilities commission may from time to time prescribe to govern the settlement of all the rates and charges, including rules and regulations for weekly or monthly settlement, and to prevent unjust discrimination or undue preference or prejudice; provided that this section shall not be construed to prohibit any carrier from extending credit in connection with rates and charges on freight transported for the United States, for any department, bureau, or agency thereof, or for any state or political subdivision thereof.
Haw. Rev. Stat. § 271-25 — HI Code / Division 1 / Title 15 / Chapter 271 / Section 271-25
Accounts, records, and reports.
Status: in_force

(a) The public utilities commission may require annual, periodical, or special reports from all motor carriers, prescribe the manner and form in which the reports shall be made, and require from the carriers specific and full, true, and correct answers to all questions upon which the commission may deem information to be necessary. The annual reports shall give an account of the affairs of the carrier in such form and detail as may be prescribed by the commission. The commission may also require any motor carrier to file with it a true copy of any contract, agreement, or arrangement between the carrier and any other carrier or person in relation to any traffic affected by this chapter. The commission shall not, however, make public any contract, agreement, or arrangement between a contract carrier by motor vehicle and a shipper, or any of the terms or conditions thereof, except as a part of the record in a formal proceeding where it considers the action consistent with the public interest; provided that if it appears from an examination of any such contract that it fails to conform to the published schedule of the contract carrier by motor vehicle as required by section 271-22(a), the commission may, in its discretion, make public such of the provisions of the contract as the commission considers necessary to disclose such failure and the extent thereof.

(b) The annual reports shall contain all the required information for the period of twelve months ending on December 31 in each year, unless the commission shall specify a different date, and shall be made out under oath and filed with the commission within three months after the close of the year for which the report is made, unless additional time be granted in any case by the commission. Such periodical or special reports as may be required by the commission under subsection (a) shall also be under oath, whenever the commission so requires.

(c) The commission may prescribe for motor carriers the classes of property for which depreciation charges may properly be included under operating expenses, and the rate or rates of depreciation which shall be charged with respect to each of the classes of property, classifying the carriers as it may deem proper for this purpose. The commission may, when it deems necessary, modify the classes and rates so prescribed. When the commission shall have exercised its authority under the foregoing provisions of this subsection, motor carriers shall not charge to operating expenses any depreciation charges on classes of property other than those prescribed by the commission, or charge with respect to any class of property a rate of depreciation other than that prescribed therefor by the commission, and no carrier shall include under operating expenses any depreciation charge in any form other than as prescribed by the commission.

(d) The commission may, in its discretion, prescribe the forms of any and all accounts, records, and memoranda to be kept by motor carriers and lessors, including the accounts, records, and memoranda of the movement of traffic, as well as of the receipts and expenditures of moneys. The commission may issue orders specifying the operating, accounting, or financial papers, records, books, blanks, tickets, stubs, correspondence, or documents of motor carriers or lessors as may after a reasonable time be destroyed, and prescribing the length of time the same shall be preserved. The commission or its duly authorized special agents, accountants, or examiners shall at all times have access to and authority, under its order, to inspect and examine any and all lands, buildings, or equipment of motor carriers and lessors and shall have authority to inspect and copy any and all accounts, books, records, memoranda, correspondence, and other documents of carriers and lessors (as defined in this section), and such accounts, books, records, memoranda, correspondence, and other documents of any person controlling, controlled by, or under common control with any such carriers, as the commission deems relevant to the person's relation to or transaction with the carriers. Motor carriers, lessors, and aforesaid persons shall submit their accounts, books, records, memoranda, correspondence, and other documents for the inspection and copying authorized by this subsection, and motor carriers and lessors shall submit their lands, buildings, and equipment for examination and inspection, to any duly authorized special agent, accountant, or examiner of the commission upon demand and display of proper credentials. As used in this subsection, the words "keep" and "kept" mean made, prepared, or compiled, as well as retained; the term "lessor" means a lessor of any right to operate as a motor carrier; and the term "motor carrier" or "lessor" includes a receiver or trustee of any such motor carrier or lessor.

(e) No report by any motor carrier of any accident arising in the course of the operation of such carriers, made pursuant to any requirement of the commission, and no report by the commission of any investigation of any accident, shall be admitted as evidence, or used for any other purpose, in any suit or action for damages growing out of any matter mentioned in the report or investigation. [L 1961, c 121, pt of §2; Supp, §106C-23; HRS §271-25]
Haw. Rev. Stat. § 268-15 — HI Code / Division 1 / Title 15 / Chapter 268 / Section 268-15
Venue of actions; enforcement of judgment.
Status: in_force

Actions for the recovery of damages under sections 268-11 to 268-15 may be brought in the first circuit court or in the circuit in which the aggrieved person resides. No execution upon a judgment or attachment shall be levied against the property of the department of transportation, nor does the State consent to any maritime lien against vessels of the department, but the department may be required by order of court to pay any judgment.
Haw. Rev. Stat. § 264-45 — HI Code / Division 1 / Title 15 / Chapter 264 / Section 264-45
[ §264-45] Highway lighting.
Status: in_force

[ §264-45] Highway lighting. To the extent that it is practical and not in conflict with any safety regulation or federal law, regulation, or mandate, if any highway rule or standard relating to highway lighting conflicts with any county ordinance or other rule regarding highway lighting, the more stringent requirement or standard shall govern all new installations of highway lighting.
Haw. Rev. Stat. § 269-175 — HI Code / Division 1 / Title 15 / Chapter 269 / Section 269-175
[ § 269-175] Revenue bonds; exclusion from debt limit.
Status: in_force

[ § 269-175] Revenue bonds; exclusion from debt limit. Green infrastructure bonds are revenue bonds issued under article VII, section 12 , of the Hawaii State Constitution, and chapter 39, part III, as modified by this part, and the department shall ensure that any bonds issued under this part are excluded from the calculation of the State's debt limit pursuant to article VII, section 13 , of the Hawaii State Constitution .
Haw. Rev. Stat. § 277-2 — HI Code / Division 1 / Title 15 / Chapter 277 / Section 277-2
Authorization.
Status: in_force

The department of transportation shall establish, maintain, operate, manage and control energy corridors throughout the State for the purpose of maximizing the utilization of lands available for use in connection with transporting by pipeline or other means, sources of energy including but not limited to oil, its derivatives and natural gas; provided that the utilization of such energy corridors shall be permissive and not mandatory.
Haw. Rev. Stat. § 269E-9 — HI Code / Division 1 / Title 15 / Chapter 269E / Section 269E-9
Identification of subsurface installations by operator.
Status: in_force

(a) Any operator who receives timely notification from the center of any proposed excavation work pursuant to section 269E-7(b) shall within five working days of that notification or before the start of the excavation work, whichever is later, or at a later time mutually agreeable to the operator and the excavator:

(1) Advise the excavator that the operator does not operate any subsurface installations that may be affected by the excavation;

(2) Advise the excavator of the approximate location of the operator's subsurface installations that may be affected by the excavation to the extent and degree of accuracy that the information is available in the records of the operator;

(3) Make available to the excavator, for inspection and copying at the excavator's expense, information in that specific operator's or agency's records on the approximate location of that specific operator's or agency's subsurface installations that may be affected by the excavation to the extent and degree of accuracy that the information is available in that specific operator's or agency's records; or

(4) Locate and field mark in conformance with the American Public Works Association Uniform Color Code the approximate location and the number of subsurface installations that may be affected by the excavation to the extent and degree of accuracy that the information is available as determined through the use of standard locating techniques or based on the records of the operator.

The operator shall promptly notify the center when the operator has fulfilled the requirements of this section. After receiving this notification from all affected operators, the center shall promptly provide notice to the excavator that all affected operators have fulfilled the requirements of this section.

(b) The excavator shall notify the center of any operator's failure to comply with this section and of the applicable inquiry identification number. [L 2004, c 141, pt of §1, §7; am L 2009, c 72, §3]
Haw. Rev. Stat. § 269-111 — HI Code / Division 1 / Title 15 / Chapter 269 / Section 269-111
Safety and performance standards.
Status: in_force

(a) A solar, wind turbine, biomass, or hydroelectric energy generating system, or a hybrid system consisting of two or more of these facilities, used by an eligible customer-generator shall meet all applicable safety and performance standards established by the National Electrical Code, the Institute of Electrical and Electronics Engineers, and accredited testing laboratories such as the Underwriters Laboratories and, where applicable, rules of the public utilities commission regarding safety and reliability.

(b) For systems of ten kilowatts or less, an eligible customer-generator whose solar, wind turbine, biomass, or hydroelectric energy generating system, or whose hybrid system consisting of two or more of these facilities, meets the standards and rules under subsection (a) shall not be required to install additional controls, perform or pay for additional tests, or purchase additional liability insurance.

(c) For eligible customer-generator systems of greater than ten kilowatts, the commission, either through decision and order, by tariff adoption, or by rule, shall:

(1) Set forth safety, performance, and reliability standards and requirements; and

(2) Establish the qualifications for exemption from a requirement to install additional controls, perform or pay for additional tests, or purchase additional liability insurance. [L 2001, c 272, pt of §6; am L 2004, c 99, §2; am L 2005, c 69, §2]
Haw. Rev. Stat. § 264-32 — HI Code / Division 1 / Title 15 / Chapter 264 / Section 264-32
Utility facility defined.
Status: in_force

The term "utility facility" wherever used in section 264-33 means and includes any of the following: any surface, underground, or overhead water mains, fire hydrants, gas mains, sewer mains, pipes (including fuel oil lines), conduits, utility holes, poles, wires, cables, lines, street lighting structures, or other structures or equipment, and the appurtenances thereto, owned by any privately owned public utility or by any county or by any police department or board of water supply of a county and used in connection with the producing or the furnishing of water, gas, light, electric power, communications, transportation, or other public utility services.
Haw. Rev. Stat. § 279A-8 — HI Code / Division 1 / Title 15 / Chapter 279A / Section 279A-8
Oahu metropolitan planning organization; effect on funding.
Status: in_force

The provisions of this chapter do not affect the entitlement of the metropolitan planning organization for the island of Oahu or any other county to unconditionally receive and administer transportation planning funds pursuant to 23 United States Code section 134, as amended.
Haw. Rev. Stat. § 271-36 — HI Code / Division 1 / Title 15 / Chapter 271 / Section 271-36
Fees and charges.
Status: in_force

(a) Every common carrier by motor vehicle and every contract carrier by motor vehicle shall pay to the commission, in April of each year, a fee equal to one-fourth of one per cent of the gross revenues from the carrier's business during the preceding calendar year, or the sum of $20, whichever is greater. Gross revenues include all revenues received from services connected with or incidental to the transportation of persons or the transportation of property, as defined under section 271-4.

(b) Every common carrier by motor vehicle and every contract carrier by motor vehicle paying a fee under subsection (a) 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 carrier'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.

(c) The commission shall establish fair and reasonable fees for the following applications:

(1) Applications for certificates and permits as provided by sections 271-12 and 271-13;

(2) Applications for extensions of certificates as provided by section 271-12(d);

(3) Applications for temporary certificates and permits as provided by section 271-16; and

(4) Applications for authority to convey property necessary or useful in the performance of duties to the public or to transfer certificates or permits or to purchase motor carrier stock, as provided in section 271-18.

The fees charged pursuant to this subsection shall be paid to the commission at the time of submission of the application.

(d) The commission may charge an amount it deems necessary and reasonable to defray the cost of supplying to the carriers and the public the application forms and other forms, schedules, tariffs, copies of rules, and other pamphlets and materials it provides by individual copy or in bulk.

(e) All of the fees and charges collected under 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. [L 1961, c 121, pt of §2; Supp, §106C-34; HRS §271-36; am L 1976, c 122, §1; am L Sp 1977 1st, c 20, §7; am L 1994, c 226, §4]
Haw. Rev. Stat. § 261E-3 — HI Code / Division 1 / Title 15 / Chapter 261E / Section 261E-3
Exemptions; generally.
Status: in_force

Notwithstanding any other provisions of this chapter, this chapter 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 Hawaii air carrier to evade the regulatory purposes of this chapter; or

(2) Persons engaged in the business of transporting persons solely for sightseeing and other recreational activities not involving point-to-point travel. [L Sp 2008, c 1, pt of §2]
Haw. Rev. Stat. § 269-45.5 — HI Code / Division 1 / Title 15 / Chapter 269 / Section 269-45.5
Renewable gas tariff.
Status: in_force

(a) Each gas utility in the State shall file a proposed initial renewable gas tariff or tariffs with the public utilities commission by August 31, 2025, to establish appropriate and reasonable rates for renewable gas for customers who choose to receive service under a renewable gas tariff. If the public utilities commission finds that the tariff or tariffs are just, reasonable, and in the public interest, the commission shall establish an initial or revised renewable gas tariff or tariffs no later than nine months after the filing of a completed application for a proposed renewable gas tariff; provided that the renewable gas tariff shall not increase rates for other customers; provided further that all filings shall be in accordance with the Hawaii Administrative Rules. The nine-month period in this subsection shall begin only after a completed application has been filed with the commission and a paper or an electronic copy served on the consumer advocate. The consumer advocate may, within twenty-one days after receipt of the copy, object to the sufficiency of any application, and the commission shall hear and determine any objection within twenty-one days after it is filed . If the commission finds that the objections are without merit, the application shall be deemed to have been completed upon original filing. If the commission finds the application to be incomplete, it shall require the applicant to submit an amended application consistent with its findings, and the nine-month period shall not commence until the amended application is filed.

(b) The renewable gas tariff shall be based on eligible customers' net therm usage and as determined by the public utilities commission.

(c) For the purposes of this section:

"Net therm usage" means the amount of gas a customer uses during a monthly billing period, as measured in therm units.

"Renewable gas" means gas produced from non-petroleum feedstock, as defined in section 269-45(b), for use by a gas utility in the State, or as otherwise defined by the public utilities commission by rule or order.

"Renewable gas tariff" means a tariff approved by the public utilities commission that allows a gas utility customer to voluntarily purchase renewable gas from a gas utility company. [L 2025, c 192, §2]
Haw. Rev. Stat. § 279A-9 — HI Code / Division 1 / Title 15 / Chapter 279A / Section 279A-9
Limitation of transportation units.
Status: in_force

The council shall be responsible for limiting and curtailing the numbers and kinds of transportation units in the State. The council shall determine, as often as the council deems to be necessary or as required by the legislature, after consultation with the department of traffic and other appropriate departments of the counties, the number, size, and use of transportation units of any kind that may be within the territory of any island of the State at any one time. The council shall make its determination on the basis of preserving, safeguarding, and enhancing the physical and mental health of the residents of the State, and the ecology and environmental quality of the State, and shall take into consideration the need for high priority and vital movement of people and goods. The council shall report its findings to the legislature as soon as its findings are completed.
Haw. Rev. Stat. § 261-73 — HI Code / Division 1 / Title 15 / Chapter 261 / Section 261-73
Custody and disposal of derelict aircraft.
Status: in_force

(a) An aircraft which has been left unattended for a continuous period of more than twenty-four hours is a derelict, if:

(1) The aircraft is obstructing a taxiway, runway or ramp parking area, or is endangering life or property; or

(2) The aircraft has been parked or otherwise left at a state airport or on public property contrary to law or rules having the force and effect of law, or the aircraft has been left on private property without authorization of the owner or occupant of the property and if:

(A) The aircraft's certificate of registration or aviation document is no longer effective and the registered owner no longer resides at the address listed in the aircraft registration document records of the Federal Aviation Administration; or

(B) The last registered owner disclaims ownership and the current owner's name or address cannot be determined; or

(C) The aircraft identification numbers and other means of identification have been removed so as to nullify efforts to locate or identify the owner; or

(D) The aircraft registration records of the Federal Aviation Administration contain no record that the aircraft has ever been registered and the owner's name or address cannot be determined.

(b) The director of transportation may cause a derelict aircraft to be immediately taken into custody. Upon taking custody of a derelict aircraft the director shall concurrently:

(1) Give public notice of intended disposition;

(2) When possible, post a notice of intended disposition on the aircraft; and

(3) Serve a duplicate original of the notice of intended disposition by certified mail, return receipt requested:

(A) On the registered owner of the aircraft at the last address shown on records in the Federal Aviation Administration;

(B) On all lien holders who have filed a financing statement indexed in the name of the registered owner in the bureau of conveyances or who are shown in the records of the Federal Aviation Administration; and

(C) On any other person known to have an interest in the aircraft whose address is known to the department of transportation. If the aircraft is not repossessed within twenty days after the giving and mailing of the notice, whichever occurs later, the aircraft may be disposed of by negotiated sale, except that, when two or more purchasers indicate an interest in purchasing the aircraft, the aircraft will be sold at public auction to the highest bidder. If no purchaser expresses a desire to purchase the aircraft, the aircraft may be destroyed or disposed of by any other method authorized for abandoned aircraft. [L 1981, c 25, pt of §1; am L 1998, c 2, §79]
Haw. Rev. Stat. § 269-173 — HI Code / Division 1 / Title 15 / Chapter 269 / Section 269-173
Severability.
Status: repealed

If any provision of this part is held to be invalid or is superseded, replaced, repealed, or expires for any reason:

(1) That occurrence shall not affect any action allowed under this part that is taken prior to that occurrence by the public utilities commission, an electric utility, the department, the authority, a bondholder, or any financing party, and any such action shall remain in full force and effect; and

(2) The validity and enforceability of the rest of this part shall remain unaffected. [L 2013, c 211, pt of §3]
Haw. Rev. Stat. § 269-27 — HI Code / Division 1 / Title 15 / Chapter 269 / Section 269-27
Prevention of unreasonable water rates.
Status: in_force

In the event the public utilities commission, investigating as provided in section 269-26, reports that in its judgment the rates charged to consumers for water supplied to them for domestic uses and purposes, are not reasonable, the attorney general shall take appropriate action to secure for the consumers reasonable rates for such water, or, if the attorney general is so advised, proceed to cancel the licenses and leases of the persons charging the unreasonable rates.
Haw. Rev. Stat. § 266-24.2 — HI Code / Division 1 / Title 15 / Chapter 266 / Section 266-24.2
Vessels or property taken into legal custody; unauthorized control.
Status: in_force

No person shall exercise control over a vessel or other property that is under legal custody, seizure, or detention by the department of transportation, with intent to defeat the custody, seizure, or detention, or impede, oppose, or defeat the process whereby the vessel or other property is under custody, seizure, or detention.
Haw. Rev. Stat. § 269E-17 — HI Code / Division 1 / Title 15 / Chapter 269E / Section 269E-17
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 in the manner provided in section 269-15.5.
Haw. Rev. Stat. § 271G-17.5 — HI Code / Division 1 / Title 15 / Chapter 271G / Section 271G-17.5
Issuance of securities.
Status: in_force

(a) A water common carrier may, on securing the prior approval of the public utilities commission, and not otherwise:

(1) Enter into vessel leases longer than five years;

(2) Enter into leverage leases for vessels; or

(3) Issue stocks and stock certificates, bonds, notes, and other evidences of indebtedness, payable at periods of more than twelve months after the date thereof, for the following purposes and no other, namely:

(A) For the acquisition of property;

(B) For the construction, completion, extension, or improvement of or addition to its facilities or service;

(C) For the discharge or lawful refunding of its obligations; or

(D) For the reimbursement of moneys actually expended from income or from any other moneys in its treasury not secured by or obtained from the issue of its stocks or stock certificates, or bonds, notes, or other evidences of indebtedness, for any of the aforesaid purposes, except maintenance of service, replacements, and substitutions not constituting capital expenditures in cases where the water carrier has kept its accounts for the expenditures in a manner as to enable the commission to ascertain the amount of moneys so expended and the purposes for which the expenditures were made, and the sources of the funds in its treasury applied to the expenditures.

(b) As used in this section, "property" and "facilities" mean property and facilities used in all operations of a water carrier whether or not included in its regulated operations or rate base. A water carrier may not issue securities, enter into vessel leases longer than five years or enter into leverage leases for vessels, to acquire property or to construct, complete, extend, improve, or add to its facilities or service, if the commission determines that the proposed purpose will have a material adverse effect on its operations. No carrier shall repurchase or reissue its own common stock without prior commission approval.

(c) All stock and every stock certificate, and every bond, note, or other evidence of indebtedness of a water carrier not payable within twelve months, issued without an order of the commission authorizing the same, then in effect, shall be void. In addition, all vessel leases longer than five years and all leverage leases entered into by a water carrier for vessels without an order of the commission authorizing the same then in effect shall be void. [L 1980, c 131, §1; am L 2023, c 138, §1]
Haw. Rev. Stat. § 279A-2 — HI Code / Division 1 / Title 15 / Chapter 279A / Section 279A-2
Statewide transportation plan.
Status: in_force

(a) The state department of transportation shall prepare a new statewide transportation plan and shall submit said plan to the legislature in its 1978 session. The legislature shall adopt the plan by resolution. The plan shall be directed toward the ultimate development of a balanced, multi-modal statewide transportation system that serves clearly identified social, economic, and environmental objectives. The statewide transportation plan shall include the following system components:

(1) The national system of interstate and defense highways, and highways within the state highway system;

(2) Airports;

(3) Harbors and water-borne transit;

(4) Surface mass transit systems; and

(5) Major county roads.

The department of transportation shall pay particular attention to the interfacing of the various modes of transportation.

(b) The statewide transportation plan shall:

(1) Include projected transportation needs for a six-year period and a schedule of priorities for the construction, modification, and maintenance of various segments of the statewide plan that involve either state-operated systems or county-operated systems that may require state financial assistance for a twenty-year period; and

(2) Comply with county transportation-related plans; county general plans; and all community, development, or community development plans adopted pursuant to the county general plan, to the extent that compliance does not affect the receipt of federal funds.

(c) Both the six-year and twenty-year estimates shall be updated annually. [L 1975, c 179, §2; am L 2009, c 27, §1]
Haw. Rev. Stat. § 264-2.1 — HI Code / Division 1 / Title 15 / Chapter 264 / Section 264-2.1
County highways; ownership.
Status: in_force

(a) As used in this section:

"Disputed road" means any highway, road, alley, street, way, lane, bikeway, bridge, or trail that is open to the public and is located in any county with a population of five hundred thousand or more, for which there is a dispute over ownership and jurisdiction, as determined by the department of transportation, between the State or any of its political subdivisions and a county or a private party, or between a county and a private party.

(b) If no party has exercised ownership over the disputed road in the five years prior to July 1, 2017, the disputed road shall be deemed to have been surrendered to the county in which the road is situated, pursuant to an administrative order issued by the state director of transportation. The county shall accept without exercise of discretion all surrendered roads and shall record its ownership immediately with the bureau of conveyances.

For purposes of this subsection, driving on a disputed road shall not, on its own, constitute an act of ownership. [L 2017, c 208, §2]

Revision Note

In subsection (b), "July 1, 2017" substituted for "the effective date of this section" pursuant to §23G-15.
Haw. Rev. Stat. § 266-17 — HI Code / Division 1 / Title 15 / Chapter 266 / Section 266-17
Rates, how fixed.
Status: in_force

(a) The department of transportation shall adjust, fix, and enforce the rates assessable and chargeable by it in respect to dockage, wharfage, demurrage, and other rates and fees pertaining to harbors, wharves, and properties managed and operated by it so as to produce from the rates and fees, in respect to all harbors, wharves, and other properties, except those that are principally used for recreation or the landing of fish, revenues sufficient to:

(1) Pay when due the principal of and interest on all bonds and other obligations for the payment of which the revenue is or has been pledged, charged, or otherwise encumbered, or which are otherwise payable from the revenue or from a special fund maintained or to be maintained from the revenue, including reserves therefor, and to maintain the special fund in an amount at least sufficient to pay when due all bonds or other revenue obligations and interest thereon, which are payable from the special fund, including reserves therefor;

(2) Provide for all expenses of operation and maintenance of the properties, including reserves therefor, and the expenses of the department in connection with operation and maintenance; and

(3) Reimburse the general fund of the State for all bond requirements for general obligation bonds which are or have been issued for harbor or wharf improvements, or to refund any of the improvement bonds, excluding bonds, the proceeds of which were or are to be expended for improvements which are or will be neither revenue producing nor connected in their use directly with revenue producing properties.

(b) When weather, road closures due to special events, or road repairs do not permit the loading or unloading of passengers at Kewalo Basin, cruise boats holding a Kewalo Basin sublease approved by the State shall be allowed to use Honolulu Harbor facilities on a space available basis, and the fees for the use of facilities shall be in accordance with the Hawaii administrative rules of the department of transportation relating to fees for use of facilities for private gain. [L 1931, JR 1; RL 1935, §1742; am L 1935, c 133, §1; RL 1945, §4996; am L 1947, c 72, §1; am L 1951, c 239, §1; RL 1955, §112-18; am L 1959, c 265, §15(a); am L Sp 1959 2d, c 1, §§14, 26; am L 1963, c 114, §1; am L 1967, c 221, §5; HRS §266-17; am L 1972, c 136, §1 and c 180, §3; am L 1976, c 221, §5; am L 1998, c 114, §1]
Haw. Rev. Stat. § 269E-12 — HI Code / Division 1 / Title 15 / Chapter 269E / Section 269E-12
Excavation procedures.
Status: in_force

(a) The excavator shall exercise reasonable care when excavating in the vicinity of a subsurface installation.

(b) Before using any power-operated or power-driven excavating equipment, the excavator shall determine the exact location of subsurface installations in conflict with the excavation by first excavating down to the depth of the excavation with the appropriate hand tools within the area of the approximate location of the subsurface installations; provided that power-operated or power-driven excavating may be used:

(1) For the removal of any existing pavement if there are no subsurface installations contained in the pavement; or

(2) Within the approximate location of a subsurface installation by mutual agreement between the operator and the excavator.

(c) If after making every reasonable effort to locate the subsurface installation, the excavator cannot determine the exact location by hand excavation as set forth in subsection (b), the excavator shall request that the operator provide additional information through the center to locate the subsurface installation. The operator, within two working days, shall provide any information that is available to the operator to aid the excavator in determining the exact location.

(d) If after making every reasonable effort to locate the subsurface installation with the additional information provided pursuant to subsection (c) the excavator still cannot determine the exact location of the subsurface installation by hand excavation, the excavator shall notify the center. The center shall then:

(1) Require the operator to determine the exact location of the operator's subsurface installation with appropriate hand tools; or

(2) Allow the excavator to use powered equipment to continue the excavation, with or without on-site supervision by the operator; 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) Each excavator responsible for any excavation that results in contact with, exposure of, or damage to a subsurface installation, before continuing excavation in the immediate area of the subsurface installation shall:

(1) Immediately notify the operator of the location and nature of the damage and undertake any reasonable measures as requested by the operator; and

(2) Allow reasonable time, consistent with industry practice, for any necessary repairs to be made to the subsurface installation.

(f) If the damage to a subsurface installation creates an emergency situation, the excavator shall:

(1) Immediately notify the 911 emergency service and the operator of the facility; and

(2) Minimize the hazard until the arrival of the 911 emergency service authority or the operator. [L 2004, c 141, pt of §1, §7; am L 2009, c 72, §3; am L 2024, c 66, §11]
Haw. Rev. Stat. § 269-72 — HI Code / Division 1 / Title 15 / Chapter 269 / Section 269-72
Electric vehicle charging system; rebate program.
Status: reserved

(a) The public utilities commission, in consultation with electric vehicle stakeholders and the Hawaii state energy office, shall administer a rebate program that incentivizes the installation or upgrade of an electric vehicle charging system, as provided in this section, and may contract with a third-party administrator pursuant to section 269-73 to operate and manage the rebate program.

(b) An applicant may be eligible for a rebate under the rebate program if the applicant:

(1) Installs a new electric vehicle charging system where none previously existed to either:

(A) An alternating current Level 2 station with one or more ports that provide electricity to one or more electric vehicles; or

(B) A direct current fast charging system; or

(2) Upgrades an existing electric vehicle charging system to either:

(A) An alternating current Level 2 station with one or more ports that provide electricity to one or more electric vehicles; or

(B) A direct current fast charging system.

(c) Subject to subsection (f), rebates shall be distributed as follows:

(1) Each eligible installation of an electric vehicle charging system shall receive:

(A) Up to $2,000 for the installation of an alternating current Level 2 station with one port;

(B) Up to $4,500 for the installation of an alternating current Level 2 station with two or more ports; and

(C) Up to $35,000 for the installation of a direct current fast charging system; and

(2) Each eligible upgrade of an electric vehicle charging system shall receive:

(A) Up to $1,300 for the upgrade to an alternating current Level 2 station with one port;

(B) Up to $3,000 for the upgrade to an alternating current Level 2 station with two or more ports; and

(C) Up to $28,000 for the upgrade to a direct current fast charging system.

(d) The public utilities commission shall:

(1) Prepare any forms that may be necessary for an applicant to claim a rebate pursuant to this section; and

(2) Require each applicant to furnish reasonable information to ascertain the validity of the claim, including but not limited to documentation necessary to demonstrate that the installation or upgrade for which the rebate is claimed is eligible.

(e) This section shall apply to electric vehicle charging systems that are installed or upgraded after December 31, 2019.

(f) Applicants shall submit applications to the public utilities commission within twelve months of the date that the newly installed or upgraded charging system is placed into service to claim a rebate from the electric vehicle charging system rebate program. Failure to apply to the commission within twelve months of the date that the newly installed or upgraded charging system is placed into service shall constitute a waiver of the right to claim the rebate. Rebates shall be subject to available funds, and the program administrator shall not approve additional rebates for the remainder of the fiscal year after program funds have been fully exhausted.

(g) Nothing in this section shall alter taxes due on the original purchase or upgrade price of an electric vehicle charging system before the application of the rebate. Any rebate received pursuant to the electric vehicle charging system rebate program shall not be considered income for the purposes of state or county taxes.

(h) In administering the electric vehicle charging system rebate program, the public utilities commission shall give consideration to the following guidelines:

(1) Priority should be given to electric vehicle charging systems that are publicly available; serve multiple tenants, employees, or customers; serve electric vehicle fleets; support the visitor industry in transitioning to clean transportation; or serve low-income, moderate-income, or environmental justice communities;

(2) Electric vehicle charging system rebates should enhance broader public clean energy and grid resiliency goals by supporting deployment of electric vehicle charging systems that can regulate their time of use, be networked and co-optimized with other electric vehicle charging systems, and otherwise provide grid services or other benefits to the utility and electric grid;

(3) Electric vehicle charging systems that serve a single person, such as a reserved parking stall or a single-family residence, shall not be eligible for rebates;

(4) Electric vehicle charging system rebates should support accessibility of charging to as many electric vehicle drivers as feasible; and

(5) The program administrator may propose new or modified guidelines to be considered in addition to those specified in this subsection and should have the flexibility to make programmatic adjustments due to market changes, technological advancements, and levels of participation to ensure the prudent use of taxpayer funds and to effectively manage the program budget.

(i) As used in this section:

"Alternating current Level 2 charging station", commonly referred to as "Level 2 charging station", means an electric vehicle charging system that utilizes alternating current electricity providing at least three kilowatts and means a system that:

(1) Is capable of providing electricity from a non-vehicle source to charge the batteries of one or more electric vehicles;

(2) Meets recognized standards and protocols including, but not limited to, Society of Automotive Engineers (SAE) J1772™ of SAE International and Tesla protocol; and

(3) Is designed and installed in compliance with article 625 of the National Electrical Code to appropriate Nationally Recognized Testing Laboratories' standards.

"Applicant" means an individual; non-profit or for-profit corporation; local, state, or federal government agency; homeowner association; or any other eligible entity as defined under rules adopted for the electric vehicle charging system rebate program.

"Direct current fast charging system", commonly referred to as "DC fast charging system", means an electric vehicle charging system that utilizes direct current electricity providing forty kilowatts or greater and:

(1) Is capable of providing electricity from a non-vehicle source to charge the batteries of one or more electric vehicles;

(2) Meets recognized standards and protocols, including, but not limited to, Society of Automotive Engineers (SAE) J1772™ of SAE International, Tesla protocol, and CHAdeMO protocol; and

(3) Is designed and installed in compliance with article 625 of the National Electrical Code to appropriate Nationally Recognized Testing Laboratories' standards.

"Electric vehicle charging system" has the same meaning as Electric Vehicle Supply Equipment as defined in article 625.2 of the National Electrical Code, as amended. [L 2019, c 142, pt of §2; am L 2022, c 202, §2]
Haw. Rev. Stat. § 273-11 — HI Code / Division 1 / Title 15 / Chapter 273 / Section 273-11
Right to provide same, subject to rights of others.
Status: in_force

Such railroad companies with the consent of the comptroller may provide, construct and install, maintain, change, and repair such means for the transmission and return of electric, compressed air, or other motive power for such motive purposes along, upon, and over such highways, streets, or roads upon which they have rights of way by franchise as may from time to time be necessary for the operation of the railroads; provided that the railroad companies shall so exercise this right that unnecessary injury or deterioration shall not occur nor be done to the water pipes, sewer pipes, gas pipes, or other property of the State, or of any person and shall save the State, or any person harmless and indemnified from all loss, cost, damage, and expense by reason thereof.
Haw. Rev. Stat. § 261-17.7 — HI Code / Division 1 / Title 15 / Chapter 261 / Section 261-17.7
Lost and found money or property at airports.
Status: in_force

(a) All money or property found at an airport owned or controlled by the department shall be reported or delivered by the finder to the airport lost and found, and when so delivered shall be held by the department for forty-five days or until claimed by some person who establishes title or right of custody thereto to the satisfaction of the department. In the event of the establishment of title or right of custody, the money or property shall be delivered to the claimant by the director or the director's agent. If within forty-five days no claimant establishes a right to the money or property, the money or property, except as provided in subsection (d) with regard to electronic devices, shall be returned to the person who delivered it to the airport lost and found; provided that if the person who delivered it to the airport lost and found fails to claim the money or property within thirty days after being notified by the director, the director shall deposit the money into the state treasury to the credit of the airport revenue fund or shall dispose of the property by public auction.

(b) At least once annually, the director shall give public notice giving details as to time and place of the auction and giving notice to all persons interested or claiming the property that unless claims are made by persons who can provide satisfactory proof of ownership before a specified date, the property will be sold at public auction to the highest bidder. On the day and at the place specified in the notice, all property for which no satisfactory proof of ownership is made shall be sold by auction by or under the direction of the director.

If any property that is of a perishable nature or unreasonably expensive to keep or safeguard remains unclaimed at the airport, the director may sell that property at public auction, at a time and after notice that is reasonable under the circumstances. The director shall immediately after the sale of any property pay to the airport revenue fund all moneys received by the director upon sale.

(c) For the purpose of this section, notice by regular mail to the last known address of the person who delivered the money or property to the airport lost and found shall be deemed sufficient.

(d) Before an electronic device that allows for storage of personal information is returned to the finder or disposed of by public auction or other means, the device shall be sanitized by the director or the director's agent in accordance with guidance provided by the information privacy and security council to ensure removal of personal information. If removal of personal information is not possible or cannot be verified without unreasonable expense, the device shall be destroyed in a manner sufficient to eliminate the information, and then disposed of or recycled. The director or the director's agent shall make reasonable efforts to notify the finder that the device was destroyed and disposed of or recycled because personal information could not be removed.

For purposes of this subsection, "personal information" shall have the same meaning as in section 487N-1. [L 1980, c 81, §1; gen ch 1985; am L 1998, c 2, §76; am L 2018, c 82, §3]
Haw. Rev. Stat. § 264-72 — HI Code / Division 1 / Title 15 / Chapter 264 / Section 264-72
Control of outdoor advertising.
Status: in_force

No person shall erect or maintain any outdoor advertising outside of the right-of-way boundary and visible from the main-traveled way of any federal-aid or state highway within the State, except the following:

(1) Directional and other official signs and notices, which signs and notices shall include, but not be limited to, signs and notices pertaining to natural wonders, scenic and historic attractions as authorized or required by law.

(2) Signs, displays, and devices advertising the sale or lease of the property upon which they are located.

(3) Signs, displays, and devices advertising activities conducted on the property upon which they are located.

(4) Signs lawfully in existence on October22, 1965, determined by the director to be landmark signs, including signs on farm structures or natural surfaces, of historic or artistic significance the preservation of which would be consistent with the purpose of this section. [L 1966, c 45, pt of §2; HRS §264-72; am L 1975, c 39, §1]
Haw. Rev. Stat. § 269E-1 — HI Code / Division 1 / Title 15 / Chapter 269E / Section 269E-1
Administration.
Status: in_force

[§269E-1 Administration.] This chapter shall be administered by the public utilities commission and the provisions of this chapter and of chapter 269, not inconsistent with this chapter, shall govern its administration; provided that sections 269-7.5, 269-8.2, 269-8.5, 269-9, 269-16 to 269-28, 269-30, 269-31, 269-34 to 269-43, and 269-71 to 269-111 shall not, in any respect, apply to the one call center.
Haw. Rev. Stat. § 261-17 — HI Code / Division 1 / Title 15 / Chapter 261 / Section 261-17
Enforcement of laws.
Status: in_force

(a) The director of transportation, officers, and employees of the department of transportation, and every state and county officer charged with the enforcement of state laws and ordinances, shall enforce and assist in the enforcement of this chapter and of all rules and orders issued pursuant thereto and of all other laws of the State; and in that connection each of the persons may inspect and examine at reasonable hours any premises, and the buildings and other structures thereon, where airports, air navigation facilities, or other aeronautical activities are operated or conducted. In aid of the enforcement of this chapter, the rules and orders issued pursuant thereto, and all other laws of the State, the powers of police officers are conferred upon the director, and such of the officers, employees, agents, and representatives of the department as may be designated by the director to exercise such powers, including the power to serve and execute warrants and arrest offenders, and the power to serve notices and orders. For the purposes of this subsection the term "agents and representatives" includes persons performing services at airports under contract with the department.

(b) No person shall provide or be hired to provide armed security services at airports within the State without first submitting statements signed under penalty of false swearing by the person indicating whether the person has ever been convicted of a crime which, by law, would preclude the person from carrying or using a firearm in the course of the person's employment, including a felony conviction in the State or elsewhere, and providing consent to the department to have a criminal history record check conducted by the Federal Bureau of Investigation to obtain criminal history record information. The person shall also be fingerprinted for the purpose of a Federal Bureau of Investigation criminal history record check. The Hawaii criminal justice data center may also assess the existing providers of armed security services at airports within the State, or their employees or applicants for employment, or any applicant for employment to provide armed security services at airports within the State, a reasonable fee for each criminal history record check performed by the Federal Bureau of Investigation.

(c) The department may, in the name of the State, enforce this chapter and the rules and orders issued pursuant thereto by injunction or other legal process in the courts of the State. [L 1947, c 32, pt of §1; RL 1955, §15-23; am L Sp 1959 2d, c 1, §26; HRS §261-17; am L 1973, c 20, §1; am L 1979, c 179, §1; am L 1996, c 191, §2]
Haw. Rev. Stat. § 266-6 — HI Code / Division 1 / Title 15 / Chapter 266 / Section 266-6
Expenditures.
Status: in_force

Expenditures by the department of transportation shall be made upon vouchers signed by the director of transportation; provided that the director, may, in writing, designate a qualified subordinate to sign vouchers, make routine reports, and perform other routine business duties, subject to the direction of the director, for whose acts the director shall be responsible.

The department may cause work to be performed by day labor or by contract or by any other method deemed by the department to be most advantageous to the State. [L 1947, c 72, §4; RL 1955, §112-7; am L Sp 1959 2d, c 1, §26; HRS §266-6]
Haw. Rev. Stat. § 279D-2 — HI Code / Division 1 / Title 15 / Chapter 279D / Section 279D-2
D efinitions.
Status: in_force

For purposes of this chapter:

"Comprehensive agreement" means the executed agreement between the member jurisdictions or authorities of a metropolitan planning organization concerning the organization and structure of the metropolitan planning organization, the roles and responsibilities of its member jurisdictions or authorities, and the provision of funding and membership dues.

"Employees" means an executive director of a metropolitan planning organization, and all staff of a metropolitan planning organization.

"Member jurisdiction or authority" means a local or state jurisdiction or a local or regional authority that has entered into a comprehensive agreement to support the metropolitan planning process and that is provided representation on the metropolitan planning organization's policy board.

"Metropolitan planning area" means a metropolitan planning area determined under title 23 United States Code section 134, as amended.

"Metropolitan planning organization" means a metropolitan planning organization designated or redesignated under 23 United States Code section 134, as amended.

"Policy board" means the policy decision-making body of a metropolitan planning organization.

"Transportation management area" means a transportation management area identified and designated pursuant to 23 United States Code section 134, as amended. [L 2015, c 132, pt of §1; am L 2018, c 72, §1]
Haw. Rev. Stat. § 264-8 — HI Code / Division 1 / Title 15 / Chapter 264 / Section 264-8
Specifications, standards, procedures.
Status: in_force

Specifications, standards and procedures to be followed in the installation and construction of connections for streets, roads and driveways, concrete curbs and sidewalks, structures, drainage systems, landscaping or grading within the highway rights-of-way, excavation and backfilling of trenches or other openings in state highways, and in the restoration, replacement, or repair of the base course, pavement surfaces, highway structures, and other highway improvements shall be prescribed by the director of transportation. At the request of an applicant for a permit, a copy of such specifications, standards and procedures, shall be furnished. In prescribing the specifications, standards and procedures, the director need not comply with the provisions of law relating to the adoption of rules and regulations.
Haw. Rev. Stat. § 271G-2 — HI Code / Division 1 / Title 15 / Chapter 271G / Section 271G-2
Declaration of policy.
Status: in_force

The legislature of this State recognizes and declares that the transportation of persons and of property, for commercial purposes, by water within the State or between points within the State, constitutes a business affected with the public interest. It is intended by this chapter to provide for fair and impartial regulation of such transportation, so administered as to recognize and preserve the inherent advantages of such transportation, in the interest of preserving for the public the full benefit and use of the waterways consistent with the public safety and the needs of commerce: to promote safe, adequate, economical, and efficient service among carriers, to encourage the establishment and maintenance of reasonable rates and charges for transportation and related accessorial service, without unjust discrimination, undue preference or advantage, or unfair or destructive competitive practices, all to the end of developing, coordinating, and preserving a sound transportation system by water. This chapter shall be administered and enforced with a view to carrying out the above declaration of policy.
Haw. Rev. Stat. § 271-26.5 — HI Code / Division 1 / Title 15 / Chapter 271 / Section 271-26.5
Change of address; responsibility; service of documents.
Status: in_force

A motor carrier shall have, maintain and operate from a definite place of business in the State and shall display therein the certificate or permit issued by the public utilities commission. The certificate or permit holder shall report any change of address or telephone number to the commission within five business days from the change. Communications, correspondence, service of orders, and other official documents shall be made upon the motor carrier, complainant, and any other party at the last recorded mailing or electronic mail address on file with the commission. Proof of service by certified or registered mail or by electronic transmission to the last known mailing or electronic mail address shall constitute a valid service of any commission's official document.
Haw. Rev. Stat. § 261-9 — HI Code / Division 1 / Title 15 / Chapter 261 / Section 261-9
Contracts, law governing.
Status: in_force

The department of transportation may enter into any contracts necessary to the execution of the powers granted it by this chapter. All contracts made by the department shall be made pursuant to the laws of the State governing the making of like contracts; provided that where the planning, acquisition, construction, improvement, maintenance, or operation of any airport, or air navigation facility is financed wholly or partially with federal moneys, the department may let contracts in the manner prescribed by the federal authorities acting under the laws of the United States and any rules or regulations made thereunder.
Haw. Rev. Stat. § 266-31 — HI Code / Division 1 / Title 15 / Chapter 266 / Section 266-31
Restriction of use of facilities.
Status: in_force

The department of transportation may delay or deny approval for port entry or departure for any vessel for which the department has received notice from a federal agency or other agency that the vessel or its crew has engaged in activity that has violated any federal, state, or county law or rule pertaining to environmental protection, maritime transportation, trafficking of illegal contraband, or the collection or extraction of undersea minerals unlicensed or unpermitted by the State; provided that the department may grant approvals for use of any commercial harbor facility by that vessel in coordination with the federal agency or other agency.
Haw. Rev. Stat. § 269-6.5 — HI Code / Division 1 / Title 15 / Chapter 269 / Section 269-6.5
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.

(e) Communications, correspondence, and service of orders and other official documents shall be made upon the public utility, complainant, and any other party at the last recorded mailing or electronic mail address on file with the commission. Proof of service by certified or registered mail or by electronic transmission to the last known mailing or electronic mail address shall constitute a valid service of any communication, correspondence, order, or other official document.

(f) A document filed by electronic means shall be equivalent to an original document for the purposes of this chapter. [L 2011, c 69, §1; am L 2021, c 72, §2; am L 2023, c 205, §3]
Haw. Rev. Stat. § 263A-6 — HI Code / Division 1 / Title 15 / Chapter 263A / Section 263A-6
Hearing before a district judge.
Status: in_force

A hearing to determine the truth of an affidavit submitted to a district judge shall be held within twenty days after the district judge has received the affidavit.

The district judge shall hear and determine:

(1) Whether the law enforcement officer had probable cause to believe that the person had either been flying or was in actual physical control of an aircraft while under the influence of intoxicating liquor;

(2) Whether the person was lawfully arrested;

(3) Whether the law enforcement officer had informed the person of the sanctions of section 263A-5; and

(4) Whether the person refused to submit to a test of the person's breath or blood. [L 1991, c 274, pt of §1]
Haw. Rev. Stat. § 273-6 — HI Code / Division 1 / Title 15 / Chapter 273 / Section 273-6
Superfluous lands to be sold.
Status: in_force

Where lands are acquired by the corporation under the exercise of eminent domain, but are not required for its purposes, the corporation, within the prescribed period, or if no period is prescribed, within ten years after the expiration of the time limited by the charter for the completion of the works, shall absolutely sell and dispose of all superfluous lands and apply the purchase money arising from the sale to the purpose of the charter, and in default thereof, all superfluous lands remaining unsold at the expiration of this period, shall thereupon vest in and become the property of the owners of the lands adjoining thereto in proportion to the extent of their lands respectively adjoining the same.
Haw. Rev. Stat. § 271-16 — HI Code / Division 1 / Title 15 / Chapter 271 / Section 271-16
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 service by a common carrier or a contract carrier by motor vehicle, as the case may be. The temporary authority, unless suspended or revoked for good cause, shall be valid for the time that the commission shall specify, but for no more than a period of one-hundred-twenty days for any one immediate and urgent need. If an application for a certificate of public convenience and necessity or a permit seeking corresponding permanent authority is filed in accordance with applicable laws, regulations, and instructions not later than thirty days after the issuance date of temporary authority, then the commission shall determine at a public hearing held not later than one-hundred-twenty days after the issuance date of temporary authority upon its own motion, or upon motion or upon request by any interested party, whether any temporary operating authority granted under this section shall be continued in force beyond the expiration date specified therein, and until the determination of the application filed by the holder of the temporary operating authority for a certificate of public convenience and necessity or a permit to engage in operations authorized by the temporary operating authority.
Haw. Rev. Stat. § 264-14 — HI Code / Division 1 / Title 15 / Chapter 264 / Section 264-14
Permit and paving requirements.
Status: in_force

Notwithstanding the existence of any right of vehicle access to or from a state highway in favor of an abutting owner, the department of transportation may prohibit vehicle access via any street, road or driveway to or from abutting properties unless the owner applies for a permit and paves the highway right-of-way between the access opening and the paved portion of the highway pursuant to sections 264-6 to 264-11. Access to or from abutting property via any street, road or driveway which is in use on April16, 1971 shall not be affected by this section.

Revision Note

"April 16, 1971" substituted for "the effective date of this section".
Haw. Rev. Stat. § 266-27 — HI Code / Division 1 / Title 15 / Chapter 266 / Section 266-27
Mooring of unauthorized vessel in state harbors; impoundment and disposal proceedings.
Status: in_force

(a) No person shall moor a vessel in a state commercial harbor without obtaining a use permit; nor shall a person continue to moor a vessel in any state commercial harbor if the use permit authorizing the vessel to moor has expired or otherwise been terminated. A vessel moored without a use permit or with a use permit that has expired or been terminated is an unauthorized vessel and is subject to subsections (b) to (e).

(b) The department shall cause to be placed upon, or as near to the unauthorized vessel as possible, a notice to remove vessel, which shall indicate that the vessel is in violation of this section, the date and time the notice was posted, and that the vessel must be removed within seventy-two hours from the time the notice was posted.

(c) An unauthorized vessel may be impounded by the department at the sole cost and risk of the owner of the vessel, if such a vessel is not removed after the seventy-two-hour period or if during said period the vessel is removed and re-moored in said harbor or any other state commercial harbor without a use permit.

(d) Custody of an impounded vessel shall be returned to the person entitled to possession upon payment to the department of all fees and costs due, and fines levied by a court. In addition, the department, within seventy-two hours of impoundment, shall send by certified mail, return receipt requested, a notice of impoundment to the registered owner or operator of any impounded vessel. The owner or operator of an impounded vessel shall have ten days after receipt of notice of impoundment of the vessel to request in writing an administrative hearing. This administrative hearing is solely for the purpose of allowing the owner or operator of an impounded vessel to contest the basis given by the department for the impoundment of the vessel. The administrative hearing must be held within five days of the department's receipt of the written request, excluding Saturdays, Sundays, and holidays designated under section 8-1. The department shall adopt rules pursuant to chapter 91 to implement the requirement for this post-seizure administrative hearing process.

(e) Any unauthorized vessel impounded under this section, which remains unclaimed by the person entitled to possession, the registered owner, or a lien holder for more than thirty days, may be sold by the department at public auction. Where no bid is received, the vessel may be sold by negotiation, disposed of as junk, or donated to any governmental agency. [L 1980, c 34, §1; am L 1988, c 103, §1; am L 1991, c 272, §§13, 14; am L 1994, c 117, §1; am L 1995, c 113, §1]
Haw. Rev. Stat. § 264-65 — HI Code / Division 1 / Title 15 / Chapter 264 / Section 264-65
New and existing facilities; grade-crossing eliminations.
Status: in_force

The director of transportation may designate and establish controlled-access highways as new and additional facilities or may designate and establish an existing public highway as included within a controlled-access facility. The director may provide for the elimination of intersections at grade of controlled-access facilities with existing public highways by grade separation or service road, or by closing off the highways at the right-of-way boundary line of the controlled-access facility; and after the establishment of any controlled-access facility, no highway which is not part of the facility shall intersect the same at grade. No public highway shall be opened into or connected with any such controlled-access facility without the consent and previous approval of the director. The consent and approval shall be given only if the public interest is served thereby.
Haw. Rev. Stat. § 269-55 — HI Code / Division 1 / Title 15 / Chapter 269 / Section 269-55
Handling of complaints.
Status: in_force

The consumer advocate shall counsel utility customers in the handling of consumer complaints before the public utilities commission. The public utilities commission shall provide a central clearinghouse of information by collecting and compiling all consumer complaints and inquiries concerning public utilities.
Haw. Rev. Stat. § 264-7 — HI Code / Division 1 / Title 15 / Chapter 264 / Section 264-7
Permits, fees, etc.
Status: in_force

(a) Any person or government agency desiring the permit required by section 264-6 shall apply for a permit on a form prescribed by the director of transportation. Any permit issued shall be conditioned upon the adherence of the applicant to the requirements of sections 264-8 and 264-9; provided that on awarding any contract for the construction, reconstruction, maintenance or repair of any state highway or federal-aid highway project, the director of transportation or the director's authorized representative shall ascertain whether the work to be done by the terms of that contract will require the contractor, the contractor's employees, or the contractor's agents to engage in any of the activities enumerated in section 264-6(1) and (2) and, if one or more such activities is likely to be required, shall issue the permit required by section 264-6, waiving the fee requirements imposed by subsection (b) of this section.

(b) The director, subject to chapter 91, shall establish a fee schedule for the issuance of the permit. The fee schedule established shall be calculated to provide revenues sufficient to defray any expenses the department of transportation may incur in connection with the permit under sections 264-6 to 264-12. An applicant for a permit shall pay the applicable fee, provided that the director may waive the fee payable when the director determines that the work to be done will either improve the highway or otherwise be of benefit to the State; and provided further that no fee shall be required where the only work to be done is the setting of poles and guys to carry overhead wires. [L 1967, c 163, pt of §2; HRS §264-7; am L 1971, c 15, §1; am L 1980, c 146, §2; gen ch 1985]
Haw. Rev. Stat. § 263-1 — HI Code / Division 1 / Title 15 / Chapter 263 / Section 263-1
Definition of terms.
Status: in_force

In this chapter, "aircraft" includes balloon, airplane, hydroplane, and every other vehicle used for navigation through the air. A hydroplane, while at rest on water and while being operated on or immediately above water, shall be governed by the rules regarding water navigation; while being operated through the air otherwise than immediately above water, it shall be treated as an aircraft.

"Aeronaut" includes aviator, pilot, balloonist, and every other person having any part in the operation of aircraft while in flight.

"Commercial use" includes the carriage in air commerce of persons or property for compensation or hire, and the lease or rental of any aircraft.

"Passenger" includes any person riding in an aircraft but having no part in its operation. [L 1923, c 109, §1; RL 1925, §3891; RL 1935, §6975; RL 1945, §4921; RL 1955, §16-1; HRS §263-1; am L 1987, c 326, §2]
Haw. Rev. Stat. § 271-15 — HI Code / Division 1 / Title 15 / Chapter 271 / Section 271-15
Dual operation.
Status: in_force

Unless, for good cause shown, the public utilities commission finds or has found that both a certificate and a permit may be so held consistently with the public interest and with the declaration of policy declared in this chapter:

(1) No person, or any person controlling, controlled by, or under common control with such person, shall hold a certificate as a common carrier authorizing operation for the transportation of property by motor vehicle within a territory if such person or any such controlling person, controlled person, or person under common control, holds a permit as a contract carrier authorizing operation for the transportation of property by motor vehicle within the same territory; and

(2) No person or any person controlling, controlled by, or under common control with such person, shall hold a permit as a contract carrier authorizing operation for the transportation of property by motor vehicle within a territory, if the person or any controlling person, controlled person, or person under common control, holds a certificate as a common carrier authorizing operation for the transportation of property by motor vehicle within the same territory. [L 1961, c 121, pt of §2; Supp, §106C-13; HRS §271-15]
Haw. Rev. Stat. § 264-64 — HI Code / Division 1 / Title 15 / Chapter 264 / Section 264-64
Design of controlled-access facility and regulation, restriction, or prohibition of access; penalty.
Status: in_force

The director of transportation may so design any controlled-access facility and so regulate, restrict, or prohibit access as to best serve the traffic for which such facility is intended. In this connection, the director may divide and separate any controlled-access facility into separate roadways by the construction of raised curbing, central dividing sections, or other physical separations, or by designating the separate roadways by signs, markers, stripes, and the proper lane for the traffic by appropriate signs, markers, stripes, and other devices.

No person shall have any right of ingress or egress to, from, or across controlled-access facilities to or from abutting lands, except at the designated points at which access may be permitted, upon such terms and conditions as may be specified by the director. Any person who violates this section shall be fined not more than $250 or imprisoned not more than three months, or both. [L 1960, c 3, pt of §2; Supp, §111-45; HRS §264-64; gen ch 1985]
Haw. Rev. Stat. § 269-194 — HI Code / Division 1 / Title 15 / Chapter 269 / Section 269-194
[ §269-194] Power purchase costs trust fund.
Status: in_force

[ §269-194] Power purchase costs trust fund. (a) There is established outside the state treasury the power purchase costs trust fund to be administered by the department. The department shall establish and maintain two separate accounts within the fund, the first account to be utilized for the deposit of all revenues received from power purchase charges transferred by the electric utility and the second account to be utilized for the deposit of revenues received from reserve fees transferred by the electric utility. The electric utility shall transfer to the department for deposit into the applicable account in the fund all revenues collected in connection with a covered power purchase agreement from:

(1) Power purchase charges following a default of the covered power purchase agreement; and

(2) Reserve fees.

(b) Moneys in the fund shall be held by the department in trust for the benefit of the obligees of covered power purchase agreements to the extent of the amounts owed to the obligees. The department's payments from the fund shall be made without appropriation or allotment, as provided in section 37-40.

(c) If a step-in agreement is terminated as described in section 269-192(d), the fund shall cease to receive any revenues from the power purchase charges collected by the electric utility or its successor related to the terminated covered power purchase agreement and the department, as directed by the electric utility, shall pay to the electric utility or its successor the remainder of any revenues in the fund attributable to power purchase charges associated with the terminated covered power purchase agreement related to the step-in agreement, which shall be considered moneys of the electric utility or its successor.

(d) The department shall be under no obligation to make payment to any obligee in excess of the moneys in the fund. Any default or failure by the department to make payments pursuant to the terms of a step-in agreement under this part shall not result in any recourse by the electric utility or an obligee to any funds of the State. An obligee of a covered power purchase agreement shall have only the benefit of revenues derived from power purchase charges and the reserve fees collected and on deposit in the fund. In any action concerning a breach by the department of a step-in agreement, the sole and exclusive remedy available to an obligee and the electric utility against the department shall be a court order directing specific performance by the department of the step-in agreement, and under no circumstances shall the department be liable for any costs, expenses, or any other monetary relief or compensatory damages for a failure to comply with the terms of a step-in agreement. [L 2025, c 191, pt of §2]
Haw. Rev. Stat. § 264-126 — HI Code / Division 1 / Title 15 / Chapter 264 / Section 264-126
[ § 264-126] Adoption of rules.
Status: in_force

[ § 264-126] Adoption of rules. The department may adopt rules pursuant to chapter 91 to implement this part.
Haw. Rev. Stat. § 271-38 — HI Code / Division 1 / Title 15 / Chapter 271 / Section 271-38
Enforcement.
Status: in_force

The department shall assign a motor vehicle safety officer employed by the department to assist in the enforcement of this chapter.
Haw. Rev. Stat. § 266-2 — HI Code / Division 1 / Title 15 / Chapter 266 / Section 266-2
Powers and duties of department.
Status: in_force

(a) The department of transportation shall:

(1) Have and exercise all the powers and shall perform all the duties which may lawfully be exercised by or under the State relative to the control and management of commercial harbors, commercial harbor and waterfront improvements, ports, docks, wharves, piers, quays, bulkheads, and landings belonging to or controlled by the State, and the shipping using the same;

(2) Have the authority to use and permit and regulate the use of the commercial docks, wharves, piers, quays, bulkheads, and landings belonging to or controlled by the State for receiving or discharging passengers and for loading and landing merchandise, with a right to collect wharfage and demurrage thereon or therefor;

(3) Subject to all applicable provisions of law, have the power to fix and regulate from time to time rates and charges for:

(A) Services rendered in mooring commercial vessels;

(B) The use of commercial moorings belonging to or controlled by the State;

(C) Wharfage or demurrage;

(D) Warehouse space, office space, and storage space for freight, goods, wares and merchandise; and

(E) The use of derricks or other equipment belonging to the State or under the control of the department;

(4) Make other charges including toll or tonnage charges on freight passing over or across docks, wharves, piers, quays, bulkheads, or landings;

(5) Appoint and remove clerks, harbor agents and their assistants, and all such other employees as may be necessary, and to fix their compensation;

(6) Adopt rules pursuant to chapter 91 and not inconsistent with law; and

(7) Generally have all powers necessary to fully carry out this chapter.

(b) Notwithstanding any law or provision to the contrary, the department of transportation is authorized to plan, construct, operate, and maintain any commercial harbor facility in the State, including, but not limited to, the acquisition and use of lands necessary to stockpile dredged spoils, without the approval of county agencies.

All moneys appropriated for commercial harbor improvements, including new construction, reconstruction, repairs, salaries, and operating expenses, shall be expended under the supervision and control of the department, subject to this chapter and chapter 103D.

All contracts and agreements authorized by law to be entered into by the department shall be executed on its behalf by the director of transportation.

(c) The department shall prepare and submit annually to the governor a report of its official acts during the preceding fiscal year, together with its recommendations as to commercial harbor improvements throughout the State. [L 1911, c 163, §3; am L 1913, c 150, §1; am L 1915, c 169, §2; ratified, March 28, 1916, c 54, 39 Stat 39; am imp July 9, 1921, c 42, §315, 42 Stat 120; 48 U.S.C. §545; RL 1925, §834; RL 1935, §1732; RL 1945, §4983; RL 1955, §112-3; am L Sp 1959 2d, c 1, §26; am imp L 1961, c 42, §1; HRS §266-2; am L 1978, c 231, §3; am L 1980, c 161, §2; am L 1991, c 34, §1 and c 272, §9; am L Sp 1993, c 8, §54]
Haw. Rev. Stat. § 264-19.1 — HI Code / Division 1 / Title 15 / Chapter 264 / Section 264-19.1
[ §264-19.
Status: in_force

[ §264-19.1] Microchip scanning of deceased animals on roadways. (a) The department of transportation shall:

(1) Scan any cat or dog carcass found on a state roadway for a microchip;

(2) Record any microchip number or other identifying information and a basic description of the animal, if discernible;

(3) Notify the appropriate county animal services contractor or animal control agency within forty-eight hours of discovery; and

(4) When feasible, make reasonable efforts to contact the registered owner of a deceased animal if microchip information is obtained.

(b) The department of transportation may coordinate with the counties to share microchip scanner resources or protocols as needed. [L 2025, c 81, §3]
Haw. Rev. Stat. § 271-30 — HI Code / Division 1 / Title 15 / Chapter 271 / Section 271-30
Allowance to shippers for transportation services.
Status: in_force

If the shipper of property transported under this chapter, directly or indirectly, renders any service connected with the transportation, or furnishes any instrumentality used therein, the charge and allowance therefor shall be published in tariffs or schedules filed in the manner provided in this chapter and shall be no more than is just and reasonable; and the public utilities commission may, after hearing on a complaint or on its own initiative, determine what is a reasonable charge as the maximum to be paid by the carrier or carriers for the services so rendered or for the use of the instrumentality so furnished, and fix the same by appropriate order.
Haw. Rev. Stat. § 261-26 — HI Code / Division 1 / Title 15 / Chapter 261 / Section 261-26
Ellison Onizuka Kona International Airport at Keahole.
Status: in_force

The official name of the airport situated at Keahole in Kona, Hawaii shall be the Ellison Onizuka Kona International Airport at Keahole.
Haw. Rev. Stat. § 261-19 — HI Code / Division 1 / Title 15 / Chapter 261 / Section 261-19
Exchange of violations information.
Status: in_force

The department of transportation may report to the appropriate federal agencies and agencies of the states and territories of the United States all proceedings instituted charging violation of section 261-15, 263-9, or 263-11, and all penalties, of which it has knowledge, imposed upon airmen or the owners or operators of aircraft for violations of the laws of the State relating to aeronautics or for violations of the rules, regulations, or orders of the department. The department may receive reports of penalties and other data from agencies of the federal government, the states, and territories of the United States and, when necessary, enter into agreements with federal agencies and the agencies of such states and territories governing the delivering, receipt, exchange, and use of reports and data. The department may make the reports and data of the federal agencies, the agencies of the states and territories, and the courts of the State available, with or without request therefor, to any and all courts of the State, and to any officer of the State or of a municipality authorized pursuant to section 261-17 to enforce the aeronautics law.
Haw. Rev. Stat. § 266-8 — HI Code / Division 1 / Title 15 / Chapter 266 / Section 266-8
§§266-8 to 266-12 REPEALED.
Status: repealed

§§266-8 to 266-12 REPEALED. L 1971, c 12, pt of §1.
Haw. Rev. Stat. § 261E-7 — HI Code / Division 1 / Title 15 / Chapter 261E / Section 261E-7
Investigative powers.
Status: in_force

(a) The air carrier commission shall have the power to examine the condition of each Hawaii air carrier and, to the extent determined by the commission to be necessary to effectuate the purposes of this chapter, any related companies, including:

(1) The manner in which carriers are operated with reference to the accommodation of the public;

(2) The fares and rates charged by carriers;

(3) The value of the physical property of carriers;

(4) The issuance of stocks and bonds, and the disposition of the proceeds thereof, by carriers;

(5) The amount and disposition of the income and all financial transactions, of carriers;

(6) The business relations of carriers with other persons, companies, or corporations;

(7) The compliance of carriers with all applicable state and federal laws and with the provisions of their franchise, charter, and articles of association, if any;

(8) The classifications, rules, regulations, practices, and service of carriers; and

(9) All matters of every nature affecting the relations and transactions between carriers and the public, persons, or corporations.

(b) Any investigation may be made by the commission on its own motion or a sworn written complaint that the commission determines sets forth any prima facie cause of complaint.

(c) A related company shall be deemed to have consented to examination and investigation pursuant to this section by entering into or maintaining a control relationship with a Hawaii air carrier. [L Sp 2008, c 1, pt of §2]
Haw. Rev. Stat. § 261D-3 — HI Code / Division 1 / Title 15 / Chapter 261D / Section 261D-3
§ §261D-3 and 261D-4 REPEALED.
Status: repealed

§ §261D-3 and 261D-4 REPEALED. L 2015, c 237, §§8, 9.
Haw. Rev. Stat. § 264-13 — HI Code / Division 1 / Title 15 / Chapter 264 / Section 264-13
Easements, etc.
Status: in_force

§264-13 Easements, etc., along state highways. Notwithstanding any law to the contrary, the governor or the director of transportation as the governor's designee, may dispose of easements within and access rights along the state highway rights-of-way under such terms and conditions which, in the director's opinion, are in the best interest of the public.
Haw. Rev. Stat. § 261-7.6 — HI Code / Division 1 / Title 15 / Chapter 261 / Section 261-7.6
Use of credit cards to pay for airport charges.
Status: in_force

Notwithstanding any other law to the contrary, any payments due and owing to the State for any products or services received from the State at any airport operated by the State may be made by credit card, if prior arrangements have been made by the department for payments through the use of the credit card and the arrangements have been approved by the comptroller. However, credit cards may not be used to make payments under protest pursuant to section 40-35. The maximum charge that may be paid to the department by use of a credit card on any transaction is $500.
Haw. Rev. Stat. § 271-37 — HI Code / Division 1 / Title 15 / Chapter 271 / Section 271-37
Attorney general; aid in enforcement.
Status: in_force

Upon written request of the department, the attorney general shall prosecute all violations on behalf of the department for the enforcement of the provisions of this chapter.
Haw. Rev. Stat. § 266-30 — HI Code / Division 1 / Title 15 / Chapter 266 / Section 266-30
[ § 266-30] General administrative penalties.
Status: in_force

[ § 266-30] General administrative penalties. (a) Except as otherwise provided by law, the department of transportation may set, charge, and collect administrative fines or bring legal action to recover administrative fees and costs as documented by receipts or affidavit, including attorneys' fees and costs; or bring legal action to recover administrative fines, fees, and costs, including attorneys' fees and costs, or payment for damages resulting from a violation of this chapter or any rule adopted pursuant to this chapter. The administrative fines shall not exceed $10,000 for each day of violation.

(b) Any criminal action against a person for any violation of this chapter or any rule adopted pursuant to this chapter shall not be deemed to preclude the State from pursuing civil legal action against that person. Any civil legal action against a person to recover administrative fines and costs for any violation of this chapter or any rule adopted pursuant to this chapter shall not be deemed to preclude the State from pursuing any criminal action against that person. Each day of each violation shall constitute a separate offense. [L 2012, c 313, pt of §1]
Haw. Rev. Stat. § 264-35 — HI Code / Division 1 / Title 15 / Chapter 264 / Section 264-35
Assistance for displaced families and business.
Status: in_force

(a) As used in this section the term "eligible person" means any individual, family, business concern (including the operation of a farm), and nonprofit organization to be displaced by construction of a project.

(b) The director of transportation, in estimating the cost of any project under section 106, Title 23, United States Code, for right-of-way acquisition or actual construction, shall include as a part of the cost of construction on any of the federal-aid highway systems, relocation payments to be made initially by the director, from state highway funds, to eligible persons for their reasonable and necessary moving expenses caused by their displacement from real property acquired for such project.

(c) Payments under this section shall not exceed $200 in the case of an individual or family, or $3,000 in the case of a business concern (including the operation of a farm) or nonprofit organization. In the case of a business (including the operation of a farm) and in the case of a nonprofit organization, the allowable expenses for transportation under this subsection shall not exceed the cost of moving fifty miles from the point from which the business or organization is being displaced.

(d) In order that the State may avail itself of federal participation in making payments under this section, the director will comply with such rules and regulations regarding payments as may be prescribed by the Secretary of Transportation of the United States. [L 1963, c 187, §1; Supp, §111-22; am L 1967, c 106, §1; HRS §264-35]
Haw. Rev. Stat. § 261- — HI Code / Division 1 / Title 15 / Chapter 261 / Section 261-
4.
Status: in_force

§261- 4.5 Biosecurity, inspection, and cargo support facilities. The department shall coordinate with the department of agriculture and biosecurity to facilitate the inspection, consolidation, deconsolidation, and treatment of imported and exported agriculture and other inspected commodities to meet the needs of each island and to facilitate the safe movement of enplaned and deplaned air cargo through the airports.

Revision Note

Subsection designation deleted pursuant to §23G-15.
Haw. Rev. Stat. § 261-5.6 — HI Code / Division 1 / Title 15 / Chapter 261 / Section 261-5.6
Rental motor vehicle customer facility charge special fund.
Status: in_force

(a) There is established in the state treasury the rental motor vehicle customer facility charge special fund to be administered by the director, into which shall be deposited all proceeds from the rental motor vehicle customer facility charge.

(b) Moneys in the rental motor vehicle customer facility charge special fund shall be used for enhancement, renovation, operation, and maintenance of existing rental motor vehicle customer facilities and the development of new rental motor vehicle customer facilities and related services at state airports, including:

(1) Acquisition and maintenance of property or property rights for rental motor vehicle purposes;

(2) Acquisition of equipment for and operation of a unified shuttle bus system to and from passenger terminals and the rental motor vehicle customer facilities;

(3) Consultant fees;

(4) Management, operation, and maintenance fees for rental motor vehicle customer facilities; and

(5) Conceptual plans, plans, design, construction, operation, and maintenance of, or allocable to, the approved rental motor vehicle customer facilities and related services.

In planning the future needs and expenditures of these moneys, the director, or deputy designated by the director, shall, at least once a year, consult with lessors, as defined in section 437D-3, who are using or who in the future may use the facilities and services. No moneys shall be expended to plan, design, improve, enhance, acquire, or construct rental motor vehicle customer facilities, equipment, or services shared or to be shared by rental motor vehicle concessions at a state airport except as determined by the director; provided that the director shall not approve the expenditure of any moneys except for planning and design purposes to improve or construct rental motor vehicle customer facilities and related services located at an airport until a concession bid for rental motor vehicle concessions located at the public airport as of July 1, 2008, is first advertised, bid upon, and awarded by the department of transportation.

(c) The rental motor vehicle customer facility charge special fund shall be exempt from sections 36-30 and 103-8.5.

(d) Any resolution or certificate authorizing any issue of bonds relating to the use of the rental motor vehicle customer facility charge for an airport capital improvement program project approved by the legislature may establish other accounts within the rental motor vehicle customer facility charge special fund and require the transfer of the rental motor vehicle customer facility charge into the other accounts to pay debt service on the related bonds. [L 2008, c 226, §2; am L 2010, c 204, §2]
Haw. Rev. Stat. § 279A-6 — HI Code / Division 1 / Title 15 / Chapter 279A / Section 279A-6
Work program.
Status: in_force

[§279A-6 Work program.] The state department of transportation shall formulate a detailed work program through which the statewide transportation plan mandated by this chapter shall be developed. The work program shall be approved by the council no later than September1, 1975. The council shall report thereafter annually to the legislature on the progress that has been made to date as measured against the work plan.

The work program shall provide for a systematic planning interface among the ongoing planning activities of the counties, the state department of transportation, and the council itself. The work program shall include specific target dates for the provision of identified planning inputs from the responsible state and county functional agencies into the statewide planning process. In determining this schedule, the council shall solicit from the counties their present transportation planning schedules for intra-county systems, and the council's work program shall reflect the counties' existing work product schedule and planning cycles. [L 1975, c 179, §6]
Haw. Rev. Stat. § 261-92 — HI Code / Division 1 / Title 15 / Chapter 261 / Section 261-92
Questioning and detaining suspected persons aboard an aircraft.
Status: in_force

A police officer may detain any person found upon an aircraft, under circumstances as reasonably justify a suspicion that the person boarded without permission, for the purpose of demanding, and may demand the name and address of the person and the nature of the person's business upon the aircraft. If the police officer has reason to believe that the person has no right to be upon the aircraft, the police officer may arrest the person without a warrant on the charge of violating section 261-91.
Haw. Rev. Stat. § 264-34 — HI Code / Division 1 / Title 15 / Chapter 264 / Section 264-34
Portions of projects deemed one.
Status: in_force

Where a particular highway project is divided into sections or portions for the purpose of calling for bids thereon, all sections or portions of the project for which bids are called for at or about the same time shall be deemed one project for the purposes of determining the expense of the removal, relocation, replacement, or reconstruction.
Haw. Rev. Stat. § 263A-7 — HI Code / Division 1 / Title 15 / Chapter 263A / Section 263A-7
Notice to Federal Aviation Administration.
Status: in_force

When it is determined under this chapter that a nonresident's privilege to operate an aircraft from a state or private airport shall be prohibited, the director of transportation shall so inform the administrator of the Federal Aviation Administration in writing.
Haw. Rev. Stat. § 264-19 — HI Code / Division 1 / Title 15 / Chapter 264 / Section 264-19
REPEALED.
Status: in_force

L Sp 2021, c 9, §63.
Haw. Rev. Stat. § 271G-7.5 — HI Code / Division 1 / Title 15 / Chapter 271G / Section 271G-7.5
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.

(e) Communications, correspondence, and service of orders and other official documents shall be made upon the water carrier, complainant, and any other party at the last recorded mailing or electronic mail address on file with the commission. Proof of service by certified or registered mail or by electronic transmission to the last known mailing or electronic mail address shall constitute a valid service of any communication, correspondence, order, or other official document. [L 2011, c 69, §3; am L 2021, c 72, §11; am L 2023, c 205, §7]
Haw. Rev. Stat. § 262-7 — HI Code / Division 1 / Title 15 / Chapter 262 / Section 262-7
Permits, hazard markings, and lighting.
Status: in_force

(a) Permits. Any airport zoning regulations adopted under this chapter may require that before any new structure, tree, or use may be constructed, planted, or established, and before any existing use, tree, or structure may be substantially changed, replanted, or substantially altered or repaired, a permit be obtained authorizing such construction, planting, establishment, change, replanting, alteration, or repair. In any event, all the regulations shall provide that before any nonconforming structure or tree may be replaced, substantially altered or repaired, rebuilt, or replanted, a permit must be secured from the department of transportation authorizing the replacement, alteration, repair, rebuilding, or replanting. No permit shall be granted that would allow the establishment, maintenance, or creation of an airport hazard. Except as provided herein, all applications for permits shall be granted.

(b) Hazard markings and lighting. In granting any permit under this section, the director may, if the director deems such action advisable to effectuate the purposes of this chapter and reasonable under the circumstances, so condition such permit as to require the owner of the structure or tree in question to permit the State, at its own expense, to install, operate, and maintain thereon such markers and lights as may be necessary to indicate to operators of aircraft the presence of an airport hazard. [L 1965, c 140, pt of §1; Supp, §17A-7; HRS §262-7; gen ch 1985]
Haw. Rev. Stat. § 268-7 — HI Code / Division 1 / Title 15 / Chapter 268 / Section 268-7
Operation of ferry system.
Status: in_force

The department of transportation may operate such ferry system, including all operations, whether intrastate or international, upon any route or routes, as a revenue producing undertaking, and the State covenants with the holders from time to time of bonds issued pursuant to this chapter that so long as any of the bonds are outstanding and unpaid the State will continue to maintain and operate the ferry system and to impose and collect rates, rentals, and charges for the services, facilities, and commodities sold, furnished, or supplied through the facilities of the ferry system which will provide gross revenues sufficient to pay the principal of and interest on all bonds issued pursuant to this chapter, including reserves therefor, and to maintain all funds or reserves created pursuant to the certificate authorizing such bonds for the rehabilitation, renewal, and replacement of the facilities of the ferry system so as to maintain the same in good operating condition. The department shall have full charge of the construction, rehabilitation, rebuilding, enlarging, improving, and maintenance of the ferry system, including approaches and roadways incidental thereto that may be authorized by the department, the granting of concessions, the collection of tolls, and other charges for the services and facilities of the undertaking; provided that the department shall comply with the provisions of chapter 102 relating to contracts for concessions on public property. The gross revenues derived from the operation of the ferry system shall be appropriated, applied, or expended for the purposes and in the order of priority set forth in section [39-62]; provided that if the certificate authorizing the issuance of the bonds shall so provide, the revenues shall be appropriated, applied, or expended for the rehabilitation, renewal and replacement of the facilities required to maintain the ferry system in good operating condition, including such reserve or reserves therefor as shall be provided in the certificate, immediately after being appropriated, applied, or expended to the payment of the bonds and interest thereon, including reserves therefor, and before being appropriated, applied, or expended to the other purposes set forth in the section.
Haw. Rev. Stat. § 261-23 — HI Code / Division 1 / Title 15 / Chapter 261 / Section 261-23
Daniel K.
Status: in_force

Inouye International Airport. All that area set aside by executive order No. 1016 for John Rodgers Airport and Keehi Lagoon Seaplane Harbor to be under the control and management of the superintendent of public works under date of April 12, 1943, is designated as the "Daniel K. Inouye International Airport".
Haw. Rev. Stat. § 279D-7 — HI Code / Division 1 / Title 15 / Chapter 279D / Section 279D-7
Staff and funding.
Status: in_force

(a) Each policy board shall appoint a full-time executive director of the metropolitan planning organization who shall be independent of state and county agencies, notwithstanding any other law to the contrary. Duties of the executive director may be established by the policy board or in the comprehensive agreement.

(b) A policy board may employ staff as needed. The executive director shall be responsible for the hiring and management of staff. The executive director and staff for a metropolitan planning organization shall not be subject to chapter 76. All other benefits generally applicable to the officers and employees of the State shall apply to staff members of the metropolitan planning organization and be retroactive to the effective date of initial hiring for existing staff.

(c) All employees of a metropolitan planning organization shall be exempt from chapter 76 but shall be eligible to receive the benefits of any state or federal employee benefit program generally applicable to officers and employees of the State. [L 2015, c 132, pt of §1]
Haw. Rev. Stat. § 279D-11 — HI Code / Division 1 / Title 15 / Chapter 279D / Section 279D-11
Annual reports.
Status: in_force

A metropolitan planning organization shall submit an annual report to the legislature of all activities conducted by the organization during the year immediately preceding the submission of the report. The annual report shall be submitted to the legislature no later than twenty days prior to the convening of each regular session beginning with the regular session of 2016.
Haw. Rev. Stat. § 266-24 — HI Code / Division 1 / Title 15 / Chapter 266 / Section 266-24
Enforcement.
Status: in_force

(a) Every state and county officer charged with the enforcement of any law, statute, rule, regulation, ordinance, or order, shall enforce and assist in the enforcement of this chapter and of all rules and orders issued pursuant thereto, and in carrying out the responsibilities hereunder, each shall be specifically authorized to:

(1) Conduct any enforcement action hereunder in any commercial harbor area and any area over which the department of transportation and the director of transportation has jurisdiction under this chapter;

(2) Inspect and examine at reasonable hours any premises, and the buildings and other structures thereon, where harbors or harbor facilities are situated, or where harbor-related activities are operated or conducted; and

(3) Serve notices and orders.

(b) The department of transportation, in the name of the State, may enforce this chapter and the rules and orders issued pursuant thereto by injunction or other legal process in the courts of the State. [L 1967, c 68, §1; HRS §266-24; gen ch 1985; am L 1987, c 364, §2; am L 1988, c 62, §1; am L 1991, c 272, §12; am L 1996, c 128, §3 and c 296, §4; am L 2019, c 187, §3; am L 2021, c 183, §6; am L 2022, c 278, §44]
Haw. Rev. Stat. § 269-105 — HI Code / Division 1 / Title 15 / Chapter 269 / Section 269-105
Calculation.
Status: in_force

The net energy metering calculation shall be made by measuring the difference between the electricity supplied to the eligible customer-generator and:

(1) The electricity generated by the eligible customer-generator and fed back to the electric grid over a monthly billing period; and

(2) Any unused credits for excess electricity from the eligible customer-generator carried over from previous months since the last twelve-month reconciliation period. [L 2001, c 272, pt of §6; am L 2005, c 104, §5]
Haw. Rev. Stat. § 264-29 — HI Code / Division 1 / Title 15 / Chapter 264 / Section 264-29
Council's authority.
Status: in_force

The council of a county, by resolution adopted in the manner required by law relating to resolutions involving the expenditure of public money, may place under the control and at the disposal of the director of transportation any funds of the county expendable for construction or reconstruction of highways within the county for the purpose of securing or attempting to secure federal aid for the construction or reconstruction, as a federal-aid project, of any highway or portion thereof eligible for federal aid within the county. The council, whenever an appropriation for the construction of any highway or portion thereof lying within the system or systems of highways eligible for federal aid, as designated from time to time by the governor and the administrator under the provisions of the Federal Highway Act, as amended, is made by it, by resolution shall place the appropriation under the control of the director for the purpose of constructing the highway or portion thereof as a federal-aid project.

The council, by the resolution, shall also grant the director of transportation exemptions from county subdivision requirements in order to expedite and make efficient the expenditure of public money. [L 1929, c 53, pt of §1; am L 1931, c 95, §2; RL 1935, §1716; RL 1945, §4968; RL 1955, §111-9; am L Sp 1959 2d, c 1, §26; HRS §264-29; am L 2008, c 12, §3]

Revision Note

References to "council" substituted for "board of supervisors" to conform to county charters.
Haw. Rev. Stat. § 269-7 — HI Code / Division 1 / Title 15 / Chapter 269 / Section 269-7
Investigative powers.
Status: in_force

(a) The public utilities commission and each commissioner shall have power to examine into the condition of each public utility, the manner in which it is operated with reference to the safety or accommodation of the public, the safety, working hours, and wages of its employees, the fares and rates charged by it, the value of its physical property, the issuance by it of stocks and bonds, and the disposition of the proceeds thereof, the amount and disposition of its income, and all its financial transactions, its business relations with other persons, companies, or corporations, its compliance with all applicable state and federal laws and with the provisions of its franchise, charter, and articles of association, if any, its classifications, rules, regulations, practices, and service, and all matters of every nature affecting the relations and transactions between it and the public or persons or corporations.

(b) The commission may investigate any person acting in the capacity of or engaging in the business of a public utility within the State, without having a certificate of public convenience and necessity or other authority previously obtained under and in compliance with this chapter or the rules promulgated under this chapter.

(c) Any investigation may be made by the commission on its own motion, and shall be made when requested by the public utility to be investigated, or by any person upon a sworn written complaint to the commission, setting forth any prima facie cause of complaint. A majority of the commission shall constitute a quorum. [L 1913, c 89, §5; RL 1925, §2193; RL 1935, §7945; RL 1945, §4706; RL 1955, §104-6; HRS §269-7; am L 1991, c 57, §5]
Haw. Rev. Stat. § 269-16.8 — HI Code / Division 1 / Title 15 / Chapter 269 / Section 269-16.8
Aggregators of telephone service requirements.
Status: in_force

(a) For the purposes of this section:

"Aggregator" means every person or entity that is not a telecommunications carrier, who, in the ordinary course of its business, makes telephones available and aggregates the calls of the public or transient users of its business, including but not limited to a hotel, motel, hospital, or university, that provides operator-assisted services through access to an operator service provider.

"Operator service" means a service provided by a telecommunications company to assist a customer to complete a telephone call.

(b) The commission, by rule or order, shall adopt and enforce operating requirements for the provision of operator-assisted services by an aggregator. These requirements shall include, but not be limited to, the following:

(1) Posting and display of information in a prominent and conspicuous fashion on or near the telephone equipment owned or controlled by the aggregator which states the identity of the operator service provider, the operator service provider's complaint handling procedures, and means by which the customer may access the various operator service providers.

(2) Identification by name of the operator service provider prior to the call connection and, if not posted pursuant to subsection (b)(1), a disclosure of pertinent rates, terms, conditions, and means of access to various operator service providers and the local exchange carriers; provided that the operator service provider shall disclose this information at any time upon request by the customer.

(3) Allowing the customer access to any operator service provider operating in the relevant geographic area through the access method chosen by the provider or as deemed appropriate by the commission.

(4) Other requirements as deemed reasonable by the commission in the areas of public safety, quality of service, unjust or discriminatory pricing, or other matters in the public interest. [L 1989, c 241, §1]