reglab/housing_qa huggingface dataset:
HI Rev Stat § 269-28 (2021)
2021 Hawaii Revised Statutes|Title 15. Transportation and Utilities|269. Public Utilities Commission|269-28 Penalty.

 §269-28 Penalty. (a) Any public utility violating or neglecting or failing in any particular to conform to or comply with this chapter or any lawful order of the public utilities commission shall be subject to a civil penalty not to exceed $25,000 for each day such violation, neglect, or failure continues, to be assessed by the commission after a hearing in accordance with chapter 91. The commission may order the public utility to cease carrying on its business while the violation, neglect, or failure continues.  (b) Notwithstanding the provisions of subsection (a), any public utility violating or neglecting or failing in any particular to conform to or comply with any rule or order of the commission setting forth safety requirements applicable to the transmission of gas shall be subject to a civil penalty not to exceed $25,000 for each day that the violation, neglect, or failure continues; provided that the maximum penalty for related violations arising out of the same act, omission, or occurrence shall not exceed $500,000.  (c) Notwithstanding the provisions of subsection (a), any person acting in the capacity of or engaging in the business of a public utility in the State without having a certificate of public convenience and necessity or other authority previously obtained under and in compliance with this chapter and the rules promulgated thereunder may be subject to a civil penalty not to exceed $5,000 for each such offense, and, in the case of a continuing violation, $5,000 for each day that uncertified activity continues.  (d) Upon written application filed within fifteen days after service of an order imposing a civil penalty pursuant to this section, the commission may remit or mitigate such penalty upon such terms as it deems proper.  (e) If any civil penalty imposed pursuant to this section is not paid within such period as the commission may direct, the attorney general shall institute a civil action for recovery of same in circuit court. [L 1913, c 89, §15; RL 1925, §2205; am L 1933, c 169, §3; RL 1935, §7963; RL 1945, §4724; RL 1955, §104-25; HRS §269-28; am L 1977, c 7, §1; am L 1988, c 254, §1; am L 1989, c 242, §1; am L 1991, c 57, §11] Case Notes  State-federal jurisdiction over interisland air transportation. 235 F. Supp. 990 (1964); 47 H. 1, 87, 384 P.2d 536 (1963).
HI Rev Stat § 269-29 (2021)
2021 Hawaii Revised Statutes|Title 15. Transportation and Utilities|269. Public Utilities Commission|269-29 Perjury.

 §269-29 Perjury. 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. [L 1913, c 89, §16; RL 1925, §2206; RL 1935, §7964; RL 1945, §4725; RL 1955, §104-26; HRS §269-29] Cross References  Perjury and related offenses, see § §710-1060 to 710-1069.5.
HI Rev Stat § 269-30 (2021)
2021 Hawaii Revised Statutes|Title 15. Transportation and Utilities|269. Public Utilities Commission|269-30 Finances; public utility fee.

 §269-30 Finances; public utility fee. (a) Sections 607-5 to 607-9 shall apply to the public utilities commission and each commissioner, as well as to the supreme and circuit courts, and all costs and fees paid or collected pursuant to this section shall be deposited with the director of finance to the credit of the public utilities commission special fund established under section 269-33.  (b) There also shall be paid to the public utilities commission in each of the months of July and December of each year, by each public utility subject to investigation by the public utilities commission, a fee equal to one-fourth of one per cent of the gross income from the public utility's business during the preceding year, or the sum of $30, whichever is greater. This fee shall be deposited with the director of finance to the credit of the public utilities commission special fund.  (c) Each public utility paying a fee under subsection (b) may impose a surcharge to recover the amount paid above one-eighth of one per cent of gross income. The surcharge imposed shall not be subject to the notice, hearing, and approval requirements of this chapter; provided that the surcharge may be imposed by the utility only after thirty days' notice to the public utilities commission. Unless ordered by the public utilities commission, the surcharge shall be imposed only until the conclusion of the public utility's next rate case; provided that the surcharge shall be subject to refund with interest at the public utility's authorized rate of return on rate base if the utility collects more money from the surcharge than actually paid due to the increase in the fee to one-fourth of one per cent.  (d) Notwithstanding any provision of this chapter to the contrary, the public utilities commission may, upon the filing of a petition by a public utility, credit a public utility for amounts paid under subsection (b) toward amounts the public utility owes in one call center fees under section 269E-6(f). [L 1913, c 89, §17; am L 1913, c 137, §1; RL 1925, §2207; am L 1933, c 169, §5; RL 1935, §7965; RL 1945, §4726; am L 1949, c 180, §1; am L 1955, c 206, §2; RL 1955, §104-27; am L 1959, c 265, §14; am L Sp 1959 2d, c 1, §14; am L 1963, c 114, §1; HRS §269-30; am L 1973, c 149, §1(d); am L 1981, c 167, §3; am L 1994, c 226, §3; am L 2004, c 141, § §2, 7; am L 2005, c 22, §51; am L 2009, c 72, §3; am L 2012, c 165, §6; am L 2017, c 205, §5] Cross References  Modification of fees, see §92-28. Attorney General Opinions  Nonutility revenues must be included in gross revenues for computation of fees. Att. Gen. Op. 61-100. Case Notes  Interisland fees. 32 H. 127 (1931).  Interest on unpaid amounts. 33 H. 890 (1936), aff'd 96 F.2d 412 (1938), aff'd 305 U.S. 306 (1938).  Companies subject to fees under this section are determined by §269-1, the definition of public utility. 56 H. 115, 530 P.2d 742 (1975).  Cited: 34 H. 269, 270 (1937), aff'd 105 F.2d 286 (1939); 43 H. 216 (1959).
HI Rev Stat § 269-31 (2021)
2021 Hawaii Revised Statutes|Title 15. Transportation and Utilities|269. Public Utilities Commission|269-31 Application of this chapter.

  §269-31 Application of this chapter. (a) This chapter shall not apply to commerce with foreign nations, or commerce with the several states of the United States, except insofar as the same may be permitted under the Constitution and laws of the United States; nor shall it apply to public utilities owned and operated by the State, or any county, or other political subdivision.  (b) Notwithstanding any provision of this chapter or any franchise, charter, law, decision, order, or rule to the contrary, the public utilities commission, sua sponte or upon the application of an electric cooperative, may waive or exempt an electric cooperative from any or all requirements of this chapter or any applicable franchise, charter, decision, order, rule, or other law upon a determination or demonstration that such requirement or requirements should not be applied to an electric cooperative or are otherwise unjust, unreasonable, or not in the public interest. Notwithstanding the above, the public utilities commission and the consumer advocate shall at all times consider the ownership structure and interests of an electric cooperative in determining the scope and need for any regulatory oversight or requirements over such electric cooperative. To the extent any other provision of this chapter or any franchise, charter, law, decision, order, or rule is contrary to or otherwise conflicts with this section in any manner, the provisions of this section shall govern and apply.  (c) For purposes of this chapter, an "electric cooperative" is a cooperative association or entity that is:  (1) Owned by its members;  (2) Formed pursuant to chapter 421C;  (3) Operated on a not-for-profit basis;  (4) Authorized pursuant to a legislatively granted franchise or other legislative authority to manufacture, sell, furnish, and supply electric light, electric current, or electric power to its members or a designated service area; and  (5) Governed by a board of directors who are members of the electric cooperative and who are democratically elected by members of the electric cooperative pursuant to applicable bylaws. [L 1913, c 89, §20; RL 1925, §2210; RL 1935, pt of §7966; RL 1945, pt of §4727; RL 1955, §104-28; HRS §269-31; am L 2013, c 57, §2] Case Notes  Commission has powers re federally regulated utilities. 305 U.S. 306 (1938).  Shipping board has sole and exclusive jurisdiction to regulate rates of a common carrier by water in interstate commerce. 24 H. 136 (1917).  Hawaiian Telephone, only Interstate Commerce Commission may fix rates. 26 H. 508 (1922).
HI Rev Stat § 269-32 (2021)
2021 Hawaii Revised Statutes|Title 15. Transportation and Utilities|269. Public Utilities Commission|269-32 Injury to public utility property.

  §269-32 Injury to public utility property. Any person who injures or destroys, through want of proper care, any necessary or useful facility, equipment or property of any public utility shall be liable to the public utility for all damages sustained thereby. The measure of damages to the facility, equipment or property injured or destroyed shall be the cost to repair or replace the property injured or destroyed including direct and allocated costs for labor, materials, supervision, supplies, tools, taxes, transportation, administrative and general expense and other indirect or overhead expenses, less credit, if any, for salvage. The specifying of the measure of damages for the facility, equipment or property shall not preclude the recovery of such other damages occasioned thereby as may be authorized by law. [L 1977, c 203, §1]
HI Rev Stat § 269-33 (2021)
2021 Hawaii Revised Statutes|Title 15. Transportation and Utilities|269. Public Utilities Commission|269-33 Public utilities commission special fund.

 §269-33 Public utilities commission special fund. (a) There is established in the state treasury a public utilities commission special fund to be administered by the public utilities commission. The proceeds of the fund shall be used by the public utilities commission and the division of consumer advocacy of the department of commerce and consumer affairs for all expenses incurred in the administration of chapters 269, 271, 271G, 269E, and 486J, and for costs incurred by the department of commerce and consumer affairs to fulfill the department's limited oversight and administrative support functions; provided that the expenditures of the public utilities commission shall be in accordance with legislative appropriations. On a quarterly basis, an amount not exceeding thirty per cent of the proceeds remaining in the fund after the deduction for central service expenses, pursuant to section 36-27, shall be allocated by the public utilities commission to the division of consumer advocacy and deposited in the compliance resolution fund established pursuant to section 26-9(o); provided that all moneys allocated by the public utilities commission from the fund to the division of consumer advocacy shall be in accordance with legislative appropriations.  (b) All moneys appropriated to, received, and collected by the public utilities commission that are not otherwise pledged, obligated, or required by law to be placed in any other special fund or expended for any other purpose shall be deposited into the public utilities commission special fund including, but not limited to, all moneys received and collected by the public utilities commission pursuant to sections 92-21, 243-3.5, 269-28, 269-30, 271-27, 271-36, 271G-19, 269E-6, 269E-14, and 607-5.  (c) The public utilities commission shall submit an update as part of its annual report submitted pursuant to section 269-5 detailing all funds received and all moneys disbursed out of the fund.  (d) All moneys in excess of $1,000,000 remaining on balance in the public utilities commission special fund on June 30 of each year shall lapse to the credit of the state general fund; provided that this ceiling shall not apply to the subaccount established in subsection (e).  (e) There is established within the public utilities commission special fund an electric vehicle charging system subaccount. The public utilities commission shall expend moneys in the subaccount for the purposes of funding the electric vehicle charging system rebate program established pursuant to sections 269-72 and 269-73. The funds in this subaccount shall not be subject to the special fund ceiling in subsection (d). [L 1994, c 226, §1; am L 1998, c 11, §17; am L 1999, c 129, §6; am L 2004, c 141, § §3, 7; am L 2005, c 22, §51; am L 2009, c 72, §3; am L 2013, c 24, §2; am L 2014, c 108, §7; am L 2021, c 75, §3]
HI Rev Stat § 269-34 (2021)
2021 Hawaii Revised Statutes|Title 15. Transportation and Utilities|269. Public Utilities Commission|269-34 Obligations of telecommunications carriers.

  §269-34 Obligations of telecommunications carriers. In accordance with conditions and guidelines established by the commission to facilitate the introduction of competition into the State's telecommunications marketplace, each telecommunications carrier, upon bona fide request, shall provide services or information services, on reasonable terms and conditions, to an entity seeking to provide intrastate telecommunications, including:  (1) Interconnection to the telecommunications carrier's telecommunications facilities at any technically feasible and economically reasonable point within the telecommunications carrier's network so that the networks are fully interoperable;  (2) The current interstate tariff used as the access rate until the commission can adopt a new intrastate local service interconnection tariff pursuant to section 269-37;  (3) Nondiscriminatory and equal access to any telecommunications carrier's telecommunications facilities, functions, and the information necessary to the transmission and routing of any telecommunications service and the interoperability of both carriers' networks;  (4) Nondiscriminatory access among all telecommunications carriers, where technically feasible and economically reasonable, and where safety or the provision of existing electrical service is not at risk, to the poles, ducts, conduits, and rights-of-way owned or controlled by the telecommunications carrier, or the commission shall authorize access to electric utilities' poles as provided by the joint pole agreement, commission tariffs, rules, orders, or Federal Communications Commission rules and regulations;  (5) Nondiscriminatory access to the network functions of the telecommunications carrier's telecommunications network, that shall be offered on an unbundled, competitively neutral, and cost-based basis;  (6) Telecommunications services and network functions without unreasonable restrictions on the resale or sharing of those services and functions; and  (7) Nondiscriminatory access of customers to the telecommunications carrier of their choice without the need to dial additional digits or access codes, where technically feasible. The commission shall determine the equitable distribution of costs among the authorized telecommunications carriers that will use such access and shall establish rules to ensure such access.  Where possible, telecommunications carriers shall enter into negotiations to agree on the provision of services or information services without requiring intervention by the commission; provided that any such agreement shall be subject to review by the commission to ensure compliance with the requirements of this section. [L 1995, c 225, pt of §2] Cross References  Retail intrastate services; fully competitive, see §269-16.85.
HI Rev Stat § 269-35 (2021)
2021 Hawaii Revised Statutes|Title 15. Transportation and Utilities|269. Public Utilities Commission|269-35 Universal service.

  §269-35 Universal service. The commission shall preserve and advance universal service by:  (1) Maintaining affordable, just, and reasonable rates for basic residential service;  (2) Assisting individuals or entities who cannot afford the cost of or otherwise require assistance in obtaining or maintaining their basic service or equipment as determined by the commission; and  (3) Ensuring that consumers are given the information necessary to make informed choices among the alternative telecommunications providers and services. [L 1995, c 225, pt of §2]
HI Rev Stat § 269-36 (2021)
2021 Hawaii Revised Statutes|Title 15. Transportation and Utilities|269. Public Utilities Commission|269-36 Telecommunications number portability.

  §269-36 Telecommunications number portability. The commission shall ensure that telecommunications number portability within an exchange is available, upon request, as soon as technically feasible and economically reasonable. An impartial entity shall administer telecommunications numbering and make the numbers available on an equitable basis. [L 1995, c 225, pt of §2]
HI Rev Stat § 269-37 (2021)
2021 Hawaii Revised Statutes|Title 15. Transportation and Utilities|269. Public Utilities Commission|269-37 Compensation agreements.

  §269-37 Compensation agreements. The commission shall ensure that telecommunications carriers are compensated on a fair basis for termination of telecommunications services on each other's networks, taking into account, among other things, reasonable and necessary costs to each telecommunications carrier of providing the services in question. Telecommunications carriers may negotiate compensation arrangements, that may include "bill and keep", mutual and equal compensation, or any other reasonable division of revenues pending tariff access rates to be set by the commission. Upon failure of the negotiations, the commission shall determine the proper methodology and amount of compensation. [L 1995, c 225, pt of §2] Case Notes  The statutes and rules cited by defendants did not require dismissal of the billing disputes on the basis of primary jurisdiction. Sections 269-6 and 269-16 and this section did not place the action in the instant case within the "special competence" of the public utilities commission (PUC); the statutes provided the PUC with authority to take certain actions as an administrative agency, but the authority granted to the PUC over certain types of billing disputes is shared with the courts. 131 H. 257, 318 P.3d 97 (2013).
HI Rev Stat § 269-38 (2021)
2021 Hawaii Revised Statutes|Title 15. Transportation and Utilities|269. Public Utilities Commission|269-38 Regulatory flexibility for effectively competitive services.

  §269-38 Regulatory flexibility for effectively competitive services. The commission may allow telecommunications carriers to have pricing flexibility for services that the commission finds are effectively competitive; provided that universal service is preserved and advanced. [L 1995, c 225, pt of §2; am L 2019, c 229, §4]
HI Rev Stat § 269-39 (2021)
2021 Hawaii Revised Statutes|Title 15. Transportation and Utilities|269. Public Utilities Commission|269-39 Cross-subsidies.

  §269-39 Cross-subsidies. (a) The commission shall ensure that noncompetitive services shall not cross-subsidize competitive services. Cross-subsidization shall be deemed to have occurred:  (1) If any competitive service is priced below the total service long-run incremental cost of providing the service as determined by the commission in subsection (b); or  (2) If competitive services, taken as a whole, fail to cover their direct and allocated joint and common costs as determined by the commission.  (b) The commission shall determine the methodology and frequency with which providers calculate total service long-run incremental cost and fully allocated joint and common costs. The total service long-run incremental cost of a service shall include an imputation of an amount equal to the contribution that the telecommunications carrier receives from noncompetitive inputs used by alternative providers in providing the same or equivalent service. [L 1995, c 225, pt of §2]
HI Rev Stat § 269-40 (2021)
2021 Hawaii Revised Statutes|Title 15. Transportation and Utilities|269. Public Utilities Commission|269-40 Access to advanced services.

  §269-40 Access to advanced services. The commission shall ensure that all consumers are provided with nondiscriminatory, reasonable, and equitable access to high quality telecommunications network facilities and capabilities that provide subscribers with sufficient network capacity to access information services that provide a combination of voice, data, image, and video. [L 1995, c 225, pt of §2; am L 2019, c 229, §5]
HI Rev Stat § 269-41 (2021)
2021 Hawaii Revised Statutes|Title 15. Transportation and Utilities|269. Public Utilities Commission|269-41 Universal service program; establishment; purpose; principles.

  §269-41 Universal service program; establishment; purpose; principles. 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 which 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; and  (5) Promote affordable access throughout the State to enhanced government information and services, including education, health care, public safety, and other government services.  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]