reglab/housing_qa huggingface dataset:
HI Rev Stat § 269-166 (2021)
2021 Hawaii Revised Statutes|Title 15. Transportation and Utilities|269. Public Utilities Commission|269-166 Green infrastructure fee; nonbypassable

 §269-166 Green infrastructure fee; nonbypassable. (a) The public utilities commission may create, pursuant to a financing order approved pursuant to section 269-163, a utility-wide nonbypassable surcharge, referred to as the green infrastructure fee, which shall be deposited into the green infrastructure bond fund and be pledged to secure and be applied to the repayment of bonds and related financing costs as described in this part. The green infrastructure fee may be a usage-based surcharge, a flat user fee, or a charge based upon customer revenues as determined by the public utilities commission for each customer class in any financing order.  (b) The green infrastructure fee may be applied to reduce the public benefits fee to be transferred pursuant to section 269-121 if so provided in a financing order. Nothing in this subsection shall affect the right to impose, collect, and adjust from time to time the green infrastructure fee as provided in the financing order and this chapter.  (c) As long as any bonds are outstanding and any financing costs have not been paid in full, the green infrastructure fee authorized under any financing order shall be nonbypassable. Subject to any exceptions provided in a financing order, the green infrastructure fee shall be paid by all existing and future customers of electric utilities or any successors.  (d) The green infrastructure fee shall be collected by the electric utilities or their successors, as collection agents for the department or the financing parties, in full through a surcharge, fee, or charge that is separate and apart from the electric utilities' rates. [L 2013, c 211, pt of §3]
HI Rev Stat § 269-167 (2021)
2021 Hawaii Revised Statutes|Title 15. Transportation and Utilities|269. Public Utilities Commission|269-167 Electric utility successor requirements; default of electric utility.

 §269-167 Electric utility successor requirements; default of electric utility. (a) Any successor to an electric utility subject to a financing order shall be bound by the requirements of this part. The successor shall perform and satisfy all obligations of the electric utility under the financing order, in the same manner and to the same extent as the electric utility, including the obligation to collect and pay the green infrastructure fee to the department or to any financing party as required by a financing order.  (b) The public utilities commission may require, in the financing order creating the green infrastructure fee and green infrastructure property, that, if a default by the electric utility in remittance of the green infrastructure fee collected arising with respect to green infrastructure property occurs, the public utilities commission, upon the application by the department, and without limiting any other remedies available to the department or any financing party by reason of the default, shall order the sequestration and payment to the beneficiaries of the green infrastructure fee collected arising with respect to the green infrastructure property. Any order shall remain in full force and effect notwithstanding any bankruptcy, reorganization, or other insolvency proceedings with respect to the electric utility. [L 2013, c 211, pt of §3]
HI Rev Stat § 269-168 (2021)
2021 Hawaii Revised Statutes|Title 15. Transportation and Utilities|269. Public Utilities Commission|269-168 Treatment of bonds, fees, and property.

 §269-168 Treatment of bonds, fees, and property. (a) In the furtherance of section 39-65, the ownership, transfer, and pledge of the green infrastructure fee and green infrastructure property and the imposition, charging, collection, and receipt of the green infrastructure fee and green infrastructure charge are exempt from all taxes and surcharges imposed by the State or the counties, including the general excise tax under chapter 237, public service company tax under chapter 239, public utility fee under section 269-30, and public utility franchise tax under chapter 240.  (b) Bonds issued under a financing order shall not be an obligation of any electric utility. The issuance of bonds shall not directly, indirectly, or contingently obligate the electric utility for payment of the principal of or interest on the bonds. [L 2013, c 211, pt of §3]
HI Rev Stat § 269-169 (2021)
2021 Hawaii Revised Statutes|Title 15. Transportation and Utilities|269. Public Utilities Commission|269-169 Green infrastructure property; non-impairment.

 §269-169 Green infrastructure property; non-impairment. (a) In furtherance of section 39-61, the State pledges to and agrees with the bondholders and any financing parties under a financing order that the State will not take or permit any action that impairs the value of green infrastructure property under the financing order, or reduce, alter, or impair the green infrastructure fee that is imposed, charged, collected, or remitted for the benefit of the bondholders and any financing parties, until any principal, interest, and redemption premium in respect of bonds, all financing costs, and all amounts to be paid to a financing party under an ancillary agreement are paid or performed in full or unless adequate provision has been made by law for the protection of bondholders and other financing parties.  (b) In issuing the bonds, the department may include the pledge specified in subsection (a) in the bonds, ancillary agreements, and documentation related to the issuance and marketing of the bonds. [L 2013, c 211, pt of §3]
HI Rev Stat § 269-171 (2021)
2021 Hawaii Revised Statutes|Title 15. Transportation and Utilities|269. Public Utilities Commission|269-171 Green infrastructure loan program order; issuance.

  §269-171 Green infrastructure loan program order; issuance. (a) The public utilities commission may issue a program order authorizing the allocation, use, expenditure, or other disposition of any amounts deposited or held in the green infrastructure special fund upon the submission by the authority to the commission of a completed application, as described in this section. A green infrastructure loan program order issued by the public utilities commission shall include the following, where determined necessary and applicable by the commission:  (1) An identification and description of each project, program, financing agreement, or other arrangement approved by the public utilities commission for which amounts deposited or held in the green infrastructure special fund may be allocated, used, expended, or otherwise disposed of;  (2) Minimum criteria for the lending, crediting, or investing of amounts deposited or held in the green infrastructure special fund;  (3) A description of the repayment processes, mechanisms, and applicable calculations for each project, program, financing agreement, or other arrangement approved by the public utilities commission for which amounts deposited or held in the green infrastructure special fund may be allocated, used, expended, or otherwise disposed of;  (4) A review of the anticipated impacts and benefits to electric utility ratepayers of any project, program, financing agreement, or other arrangement approved under a green infrastructure loan program order; and  (5) Any other provision or information determined to be necessary by the public utilities commission.  (b) The public utilities commission shall issue an order under this section as expeditiously as possible upon the receipt from the authority of a completed application submitted pursuant to section 269-170.  (c) The order shall specify the following, including:  (1) The procedures to be followed by the electric utilities in the event of nonpayment or partial payment of the green infrastructure charge by the electric utilities' customers, which procedures shall be consistent with the public utilities commission's approved procedures for nonpayment and partial payment of rates, charges, and fees under the electric utilities' tariffs; and  (2) The distribution of the total amounts collected by the electric utilities for amounts billed to customers for the electric utilities' rates, fees, and charges, for the green infrastructure charge, for other fees and charges approved by the public utilities commission, and for associated taxes, in the event of partial payments of the billed amounts.  The electric utilities serving as billing and collecting agents shall be parties to the proceedings in which the order or orders are issued. [L 2013, c 211, pt of §3]
HI Rev Stat § 269-172 (2021)
2021 Hawaii Revised Statutes|Title 15. Transportation and Utilities|269. Public Utilities Commission|269-172 Electric utilities; cost recovery; billing agent.

  §269-172 Electric utilities; cost recovery; billing agent. (a) The public utilities commission shall ensure that all reasonable costs incurred by electric utilities to start up and implement the loan program may be recovered as part of the electric utility's revenue requirement, including necessary billing system adjustments, costs arising out of the billing and collection of green infrastructure charges, and any costs for green infrastructure charges that are not recovered via participating customers' green infrastructure bill payments, or otherwise.  (b) The green infrastructure charge shall not be considered revenue of the electric utilities and accordingly, shall not be subject to state or county taxes, including the general excise tax under chapter 237, the public service company tax under chapter 239, the public utility fee under section 269-30, and the public utility franchise tax under chapter 240.  (c) The loan program or the act of serving as an agent to bill and to collect the green infrastructure charge shall not cause any electric utility to be subject to the laws that regulate financial institutions, escrow depositories, or collection agencies. An electric utility shall not be responsible for lending, underwriting, and credit determinations. [L 2013, c 211, pt of §3]
HI Rev Stat § 269-173 (2021)
2021 Hawaii Revised Statutes|Title 15. Transportation and Utilities|269. Public Utilities Commission|269-173 Severability

 §269-173 Severability. 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]
HI Rev Stat § 269-174 (2021)
2021 Hawaii Revised Statutes|Title 15. Transportation and Utilities|269. Public Utilities Commission|269-174 Miscellaneous.

 §269-174 Miscellaneous. 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. [L 2013, c 211, pt of §3]
HI Rev Stat § 269-175 (2021)
2021 Hawaii Revised Statutes|Title 15. Transportation and Utilities|269. Public Utilities Commission|269-175 Revenue bonds; exclusion from debt limit.

  §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. [L 2013, c 211, pt of §3]
HI Rev Stat § 269-176 (2021)
2021 Hawaii Revised Statutes|Title 15. Transportation and Utilities|269. Public Utilities Commission|269-176 Financing order; adjustments to green infrastructure fee.

  §269-176 Financing order; adjustments to green infrastructure fee. The financing order shall include, without limitation, a procedure to require the public utilities commission, in accordance with a formula set out in the financing order and approved by the department, to expeditiously review and approve periodic adjustments to the green infrastructure fee to ensure the payment of the bonds and related financing costs on a timely basis. [L 2013, c 211, pt of §3]
HI Rev Stat § 269E-1 (2021)
2021 Hawaii Revised Statutes|Title 15. Transportation and Utilities|269E. One Call Center; Advance Warning to Excavators|269E-1 Administration.

 §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. [L 2004, c 141, pt of §1, §7; am L 2009, c 72, §3]
HI Rev Stat § 269E-3 (2021)
2021 Hawaii Revised Statutes|Title 15. Transportation and Utilities|269E. One Call Center; Advance Warning to Excavators|269E-3 General duties and powers of the commission.

  §269E-3 General duties and powers of the commission. The general duties and powers of the commission shall be to:  (1) Establish and administer a one call center that provides advance warning to excavators in this State of the location of subsurface installations in the area of an excavation for the purpose of protecting those installations from damage;  (2) Adopt, amend, or repeal rules pursuant to chapter 91 as it may deem necessary to effectuate this chapter. The rules adopted shall have the force and effect of law and may include but are not limited to rules that:  (A) Forbid acts or practices deemed by the commission to be detrimental to the accomplishment of the purposes of this chapter; and  (B) Require operators and excavators to make reports to the commission containing information that will enable the commission to improve the accomplishment of this chapter;  (3) Enforce this chapter and any rules adopted pursuant thereto;  (4) Issue binding interpretations or declaratory rulings, and conduct contested case proceedings pursuant to chapter 91; and  (5) Subpoena witnesses and documents, administer oaths, and receive affidavits and oral testimony, including telephonic and electronic communications. [L 2004, c 141, pt of §1, §7; am L 2009, c 72, §3]
HI Rev Stat § 269E-4 (2021)
2021 Hawaii Revised Statutes|Title 15. Transportation and Utilities|269E. One Call Center; Advance Warning to Excavators|269E-4 One call center advisory committee.

  §269E-4 One call center advisory committee. (a) The commission shall establish a one call center advisory committee as a governmental entity as defined under chapter 662D to advise the commission in implementing this chapter. The committee shall consist of seventeen voting members and one ex officio[,] nonvoting member. Of the voting members:  (1) Eleven shall be appointed by the commission to serve until successors are appointed by the commission. The appointments shall be as follows:  (A) One from the gas utility industry;  (B) One from the electric utility industry;  (C) One from the telecommunications utility industry;  (D) One from the pipeline operator industry;  (E) Two from the General Contractors Association of Hawaii;  (F) Two from the Building Industry Association of Hawaii;  (G) One from the cable service industry;  (H) One from the water utility industry; and  (I) One from the wastewater industry;  (2) One shall be the representative of the city and county of Honolulu designated by the mayor of the city and county of Honolulu;  (3) One shall be the representative of the county of Hawaii designated by the mayor of the county of Hawaii;  (4) One shall be the representative of the county of Maui designated by the mayor of the county of Maui;  (5) One shall be the representative of the county of Kauai designated by the mayor of the county of Kauai;  (6) One shall be the director of the state department of transportation, or the director's representative; and  (7) One shall be the executive director of the division of consumer advocacy, department of commerce and consumer affairs, or the executive director's representative. A representative of the center shall serve as an ex officio[,] nonvoting member of the committee.  (b) No member shall receive any compensation for the member's services.  (c) The committee shall advise the commission on:  (1) The establishment of rules;  (2) The setting of appropriate fees and assessments for the administration and operation of the center;  (3) The selection of the center provider;  (4) The enforcement of this chapter; and  (5) Other aspects regarding the establishment and operation of the center; provided that the committee shall not advise the commission in the exercise of the commission's quasi-judicial, adjudicatory functions, or participate in the commission's deliberations. The committee shall be exempt from chapter 92. [L 2004, c 141, pt of §1, §7; am L 2006, c 95, §1; am L 2009, c 72, §3]
HI Rev Stat § 269E-5 (2021)
2021 Hawaii Revised Statutes|Title 15. Transportation and Utilities|269E. One Call Center; Advance Warning to Excavators|269E-5 One call center established.

  §269E-5 One call center established. (a) By January 1, 2006, the commission shall establish and begin administration of a one call center that provides advance warning to excavators in this State of the location of subsurface installations in the area of an excavation for the purpose of protecting those installations from damage. In establishing the center, the commission shall consider the availability of experienced center providers. The commission shall award administration of the center to the provider the commission determines to be best qualified to provide center services. In reviewing a provider's qualifications, the commission shall consider cost, quality of service, experience, and other factors the commission deems appropriate.  (b) Pursuant to rules adopted by the commission, all operators shall furnish to the center information relating to subsurface installations that the center may use to identify operators known to have subsurface installations in the area of a proposed excavation; provided that operators shall not be required to furnish to the center information relating to subsurface installations that are deemed confidential or proprietary. [L 2004, c 141, pt of §1, §7; am L 2009, c 72, §3]
HI Rev Stat § 269E-6 (2021)
2021 Hawaii Revised Statutes|Title 15. Transportation and Utilities|269E. One Call Center; Advance Warning to Excavators|269E-6 One call center financing.

  §269E-6 One call center financing. (a) To finance the establishment and operation of the center and the administrative costs of the commission, operators shall pay to the commission a fee in an amount and at a schedule determined by the commission. The commission may also assess fees on excavators. All fees paid by operators and excavators shall be deposited with the director of finance to the credit of the public utilities commission special fund.  (b) All operators of subsurface installations in this State shall share in the operational and administrative costs of the center, except where:  (1) All of the operator's subsurface installations are located on property owned exclusively by that operator; and  (2) The operator has not authorized another operator to use the property for any subsurface installation.  (c) The commission may accept revenues, compensations, proceeds, charges, penalties, grants, or any other payments in any form, from any public agency or any other source.  (d) Any agency required to participate may charge a reasonable fee in an amount sufficient to cover the administrative and operational costs required by this chapter.  (e) Civil penalties collected pursuant to this chapter shall be used by the commission to educate the operating and excavating community in Hawaii and to reduce the center's operating costs.  (f) Any operator or excavator that pays public utility fees to the commission pursuant to section 269-30 may petition the commission for approval to apply a portion of its public utility fee payments as a credit toward its center fees. [L 2004, c 141, pt of §1, §7; am L 2009, c 72, §3]
HI Rev Stat § 269E-7 (2021)
2021 Hawaii Revised Statutes|Title 15. Transportation and Utilities|269E. One Call Center; Advance Warning to Excavators|269E-7 Notification of excavation; inquiry identification number.

  §269E-7 Notification of excavation; inquiry identification number. (a) Except in an emergency, every excavator planning to conduct an excavation on public or private property shall notify the center of the excavation at least five working days but not more than twenty-eight calendar days prior to commencing excavation. The excavator shall provide to the center a description of the excavation site that includes the county, place, and address or description of where the excavation will take place, including but not limited to the nearest intersecting street, side of street, footages, or other tie-in measurements as needed. An excavator need not contact the center if the excavation is:  (1) On private property that is owned exclusively by the excavator; and  (2) No operator has been authorized to use the property for any subsurface installation.  (b) The center shall provide an inquiry identification number to an excavator who contacts the center and shall, on that same day, notify any operator known to have a subsurface installation in the area of the proposed excavation. The inquiry identification number shall remain valid for not more than twenty-eight calendar days from the date of issuance, and after that date shall require center revalidation. An excavator may revalidate the inquiry identification number by applying to the center for revalidation prior to expiration. The excavator shall maintain a valid inquiry identification number for the duration of the excavation.  (c) The center shall maintain a record of all notifications by and from excavators and operators for a period of not fewer than three years. [L 2004, c 141, pt of §1, §7; am L 2009, c 72, §3]
HI Rev Stat § 269E-8 (2021)
2021 Hawaii Revised Statutes|Title 15. Transportation and Utilities|269E. One Call Center; Advance Warning to Excavators|269E-8 Marking of excavation site.

  §269E-8 Marking of excavation site. (a) The excavator shall delineate the area to be excavated with white spray chalk or other suitable markings prior to calling the center. The excavator shall indicate the entire dimension of the excavation by known industrial practices and display the excavator's name, abbreviations, or initials next to or in the white spray chalk markings to identify the excavation site.  (b) When an excavator delineates an area to be excavated with white spray chalk, the excavator shall delineate the area in a manner that shall not be:  (1) Misleading to the public using affected streets and highways;  (2) Subject to misinterpretation as a traffic or pedestrian control; and  (3) Construed as duplicative.  (c) Where an excavator determines that delineating with white spray chalk may be misleading, misinterpreted, or duplicative as specified under subsection (b), the excavator shall inform the center that the area to be excavated shall instead be identified with flags, stakes, or stake chasers marked with the excavator's name, abbreviations, or initials, to enable the operator to determine the area of excavation. [L 2004, c 141, pt of §1, §7; am L 2009, c 72, §3]