reglab/statecodes huggingface dataset:
2023 Hawaii Revised Statutes › Title 15. Transportation and Utilities › 269. Public Utilities Commission › 269-123 Requirements for the public benefits fee administrator.

§269-123
Requirements for the public benefits fee administrator.
(a) Any public benefits fee administrator contracted pursuant to section 269-122 shall satisfy the qualification requirements established by the public utilities commission by rule or order. These requirements may include experience and expertise in:
(1) Energy-efficient and renewable energy technologies and methods; and
(2) Identifying, developing, administering, and implementing demand-side management and energy-efficiency programs.
(b) The public benefits fee administrator's duties and responsibilities shall be established by the public utilities commission by rule or order, and may include:
(1) Identifying, developing, administering, promoting, implementing, and evaluating programs, methods, and technologies that support energy-efficiency and demand-side management programs;
(2) Encouraging the continuance or improvement of efficiencies made in the production, delivery, and use of energy-efficiency and demand-side management programs and services;
(3) Using the energy-efficiency expertise and capabilities that have developed or may develop in the State and consulting with state agency experts;
(4) Promoting program initiatives, incentives, and market strategies that address the needs of persons facing the most significant barriers to participation;
(5) Promoting coordinated program delivery, including coordination with electric public utilities regarding the delivery of low-income home energy assistance, other demand-side management or energy-efficiency programs, and any utility programs;
(6) Consideration of innovative approaches to delivering demand-side management and energy-efficiency services, including strategies to encourage third-party financing and customer contributions to the cost of demand-side management and energy-efficiency services;
(7) Submitting, to the public utilities commission for review and approval, a multi-year budget and planning cycle that promotes program improvement, program stability, and maturation of programs and delivery resources; and
(8) Educating and training appliance manufacturers, distributors, and retailers of appliances covered under part VI of chapter 196 about the appliance efficiency standards established under that part to improve compliance. [L 2006, c 162, pt of §1; am L 2008, c 118, pt of §2; am L 2019, c 141, §3]
2023 Hawaii Revised Statutes › Title 15. Transportation and Utilities › 269. Public Utilities Commission › 269-124 Transitioning from utility demand-side management programs to the public benefits fee.

§269-124
Transitioning from utility demand-side management programs to the public benefits fee.
If the public utilities commission establishes a public benefits fee pursuant to section 269-121, the public utilities commission shall:
(1) Develop a transition plan that ensures that:
(A) Utility demand-side management programs are continued, to the extent practicable, until the transition date; and
(B) The public benefits fee administrator will be able to provide demand-side management and energy-efficiency services on the transition date;
(2) Encourage programs that allow all retail electricity customers, including state and county agencies, regardless of the retail electricity or gas provider, to have an opportunity to participate in and benefit from a comprehensive set of cost-effective demand-side management and energy-efficiency programs and initiatives designed to overcome barriers to participation;
(3) Encourage programs, measures, and delivery mechanisms that reasonably reflect current and projected utility integrated resource planning, market conditions, technological options, and environmental benefits;
(4) Facilitate the delivery of these programs as rapidly as possible, taking into consideration the need for these services and cost-effective delivery mechanisms;
(5) Consider the unique geographic location of the State and the high costs of energy in developing programs that will promote technologies to advance energy efficiency and use of renewable energy and permit the State to take advantage of activities undertaken in other states, including the opportunity for multi-state programs;
(6) Require the public benefits fee administrator contracted by the public utilities commission under section 269-122 to deliver programs in an effective, efficient, timely, and competent manner and to meet standards that are consistent with state policy and public utilities commission policy; and
(7) Before January 2, 2008, and every three years thereafter, require verification by an independent auditor of the reported energy and capacity savings and incremental renewable energy production savings associated with the programs delivered by the public benefits fee administrator contracted by the public utilities commission to deliver energy-efficiency and demand-side management programs under section 269-121. [L 2006, c 162, pt of §1; am L 2008, c 118, pt of §2]
2023 Hawaii Revised Statutes › Title 15. Transportation and Utilities › 269. Public Utilities Commission › 269-142 Reliability standards; interconnection requirements; adoption and development; force and effect.

§269-142 Reliability standards; interconnection requirements; adoption and development; force and effect.
(a) The commission may adopt, by rule or order, reliability standards and interconnection requirements. Reliability standards and interconnection requirements adopted by the commission shall apply to any electric utility and any user, owner, or operator of the Hawaii electric system. The commission shall not contract for the performance of the functions under this subsection to any other entity as provided under section 269-147.
(b) The commission may develop reliability standards and interconnection requirements as it determines necessary or upon recommendation from any entity, including an entity contracted by the commission to serve as the Hawaii electricity reliability administrator provided for under this part, for the continuing reliable design and operation of the Hawaii electric system. Any reliability standard or interconnection requirement developed by the commission shall be adopted by the commission in accordance with subsection (a) in order to be effective. The commission shall not contract for the performance of the functions under this subsection to any other entity as provided under section 269-147.
(c) The commission shall have jurisdiction over matters concerning interconnection requirements and interconnections located in the State between electric utilities, any user, owner, or operator of the Hawaii electric system, or any other person, business, or entity connecting to the Hawaii electric system or otherwise applying to connect generation or equipment providing ancillary services to, or operate generation and equipment providing ancillary services in parallel with the Hawaii electric system under processes established in accordance with section 269-145. Nothing in this subsection is intended to give the commission general supervision authority over any user, owner, or operator of the Hawaii electric system or any other person, business, or entity that is not a public utility as defined in section 269-1. [L 2012, c 166, pt of §2]
2023 Hawaii Revised Statutes › Title 15. Transportation and Utilities › 269. Public Utilities Commission › 269-143 Monitoring.

§269-143 Monitoring.
(a) The commission shall have the authority to monitor the reliability and operation of the Hawaii electric system using any data, files, maps, reports, or any other information concerning any electric utility, any user, owner, or operator of the Hawaii electric system, or any person, business, or entity connecting to the Hawaii electric system, considered by the commission to be necessary for ensuring the reliable operation of the Hawaii electric system. The authority of the commission to monitor information in this section shall include the authority to request, acquire, or otherwise accumulate real-time data on any matter the commission deems necessary to monitor the reliable design and operation of the Hawaii electric system.
(b) The commission shall have the authority to monitor and compel the production of data, files, maps, reports, or any other information concerning any electric utility, any user, owner, or operator of the Hawaii electric system, or other person, business, or entity, considered by the commission to be necessary for exercising jurisdiction over interconnection to the Hawaii electric system, or for administering the process for interconnection to the Hawaii electric system under section 269-145.
(c) Any and all data, files, maps, reports, or any other information the commission requests under subsection (a) or (b) shall be produced in a timely manner. The commission may institute proceedings in accordance with section 269-15 upon a determination that any party for or on behalf of an electric utility, any other user, owner, or operator of the Hawaii electric system, or other person, business, or entity, has refused to provide or is causing unreasonable delay or expense in providing information requested under this section. [L 2012, c 166, pt of §2]
2023 Hawaii Revised Statutes › Title 15. Transportation and Utilities › 269. Public Utilities Commission › 269-144 Compliance and enforcement.

§269-144 Compliance and enforcement.
(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]
2023 Hawaii Revised Statutes › Title 15. Transportation and Utilities › 269. Public Utilities Commission › 269-145 Grid access; procedures for interconnection; dispute resolution.

§269-145 Grid access; procedures for interconnection; dispute resolution.
(a) Each user, owner, or operator of the Hawaii electric system, or any other person, business, or entity seeking to make an interconnection on the Hawaii electric system shall do so in accordance with procedures to be established by the commission by rule or order.
(b) The commission shall have the authority to make final determinations regarding any dispute between any user, owner, or operator of the Hawaii electric system, or any other person, business, or entity connecting to the Hawaii electric system, concerning either an existing interconnection on the Hawaii electric system or an interconnection to the Hawaii electric system created under the processes established by the commission under this section. [L 2012, c 166, pt of §2]
2023 Hawaii Revised Statutes › Title 15. Transportation and Utilities › 269. Public Utilities Commission › 269-145.5 Advanced grid modernization technology; principles.

§269-145.5 Advanced grid modernization technology; principles.
(a) The commission, in carrying out its responsibilities under this chapter, shall consider the value of improving electrical generation, transmission, and distribution systems and infrastructure within the State through the use of advanced grid modernization technology in order to improve the overall reliability and operational efficiency of the Hawaii electric system.
(b) In advancing the public interest, the commission shall balance technical, economic, environmental, and cultural considerations associated with modernization of the electric grid, based on principles that include but are not limited to:
(1) Enabling a diverse portfolio of renewable energy resources;
(2) Expanding options for customers to manage their energy use;
(3) Maximizing interconnection of distributed generation to the State's electric grids on a cost-effective basis at non-discriminatory terms and at just and reasonable rates, while maintaining the reliability of the State's electric grids, and allowing such access and rates through applicable rules, orders, and tariffs as reviewed and approved by the commission;
(4) Determining fair compensation for electric grid services and other benefits provided to customers and for electric grid services and other benefits provided by distributed generation customers and other non-utility service providers; and
(5) Maintaining or enhancing grid reliability and safety through modernization of the State's electric grids. [L 2013, c 34, §2; am L 2014, c 109, §2]
2023 Hawaii Revised Statutes › Title 15. Transportation and Utilities › 269. Public Utilities Commission › 269-146 Hawaii electricity reliability surcharge; authorization; cost recovery.

§269-146 Hawaii electricity reliability surcharge; authorization; cost recovery.
(a) The commission may require, by rule or order, that all utilities, persons, businesses, or entities connecting to the Hawaii electric system, or any other user, owner, or operator of any electric element that is a part of an interconnection on the Hawaii electric system shall pay a surcharge that shall be collected by Hawaii's electric utilities. The commission shall not contract or otherwise delegate the ability to create the Hawaii electricity reliability surcharge under this section to any other entity. This surcharge amount shall be known as the Hawaii electricity reliability surcharge.
(b) Amounts collected through the Hawaii electricity reliability surcharge shall be transferred in whole or in part to any entity contracted by the commission to act as the Hawaii electricity reliability administrator provided for under this part.
(c) The Hawaii electricity reliability surcharge shall be used for the purposes of ensuring the reliable operation of the Hawaii electric system and overseeing grid access on the Hawaii electric system through the activities of the Hawaii electricity reliability administrator contracted under section 269-147; provided that amounts collected under the Hawaii electricity reliability surcharge shall not be available to meet any current or past general obligations of the State.
(d) The commission may allow an electric utility to recover appropriate and reasonable costs under the Hawaii electricity reliability surcharge for any interconnection to the Hawaii electric system, including interconnection studies and other analysis associated with studying the impact or necessary infrastructure and operational requirements needed to reliably interconnect a generator, as well as from electric utility customers through a surcharge or assessment subject to review and approval by the commission under section 269-16.
(e) Nothing in this section shall create or be construed to cause amounts collected through the Hawaii electricity reliability surcharge to be considered state or public moneys subject to appropriation by the legislature or be required to be deposited into the state treasury. [L 2012, c 166, pt of §2]
2023 Hawaii Revised Statutes › Title 15. Transportation and Utilities › 269. Public Utilities Commission › 269-147 Hawaii electricity reliability administrator; contracting.

§269-147 Hawaii electricity reliability administrator; contracting.
(a) The commission may contract for the performance of its functions under this part with a person, business, or organization, except for a public utility as defined under this chapter, that will serve as the Hawaii electricity reliability administrator provided for under this part; provided that the commission shall not contract for the performance of its functions under sections 269-142(a) and (b) and 269-146.
(b) Any entity contracted by the commission to serve as the Hawaii electricity reliability administrator under this section shall be selected by the commission in accordance with state law, including chapter 103D. The Hawaii electricity reliability administrator, if so enabled by the commission through mutual agreement under the laws of the State of Hawaii, shall hold the powers and rights delegated by the commission under this part for the term of the executed contract; provided that the commission shall retain full authority over the Hawaii electricity reliability administrator and the exclusive authority to carry out functions and responsibilities enumerated under sections 269-142(a) and (b) and 269-146. [L 2012, c 166, pt of §2]
2023 Hawaii Revised Statutes › Title 15. Transportation and Utilities › 269. Public Utilities Commission › 269-148 Hawaii electricity reliability administrator; qualifications.

§269-148 Hawaii electricity reliability administrator; qualifications.
Any entity contracted by the commission to serve as the Hawaii electricity reliability administrator shall:
(1) Satisfy the qualification requirements established by the commission by rule or order;
(2) Maintain reasonable and necessary staffing with appropriate skills and expertise to offer prudent and reasonable recommendations on the development of reliability standards and interconnection requirements adopted by the commission under this part, including the technical skills required to properly monitor operations of the Hawaii electric system using information provided under section 269-143; and
(3) Maintain reasonable and necessary staffing with an appropriate level of independence to fairly and impartially review matters concerning interconnection to the Hawaii electric system under section 269-145, including independence of the entity from 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. [L 2012, c 166, pt of §2]
2023 Hawaii Revised Statutes › Title 15. Transportation and Utilities › 269. Public Utilities Commission › 269-149 Funding; reporting.

§269-149 Funding; reporting.
(a) The Hawaii electricity reliability administrator shall use funds collected through the Hawaii electricity reliability surcharge provided for under section 269-146 to carry out its operations, including administrative, technological, or other related requirements for effectively ensuring the reliability of the Hawaii electric system.
(b) The Hawaii electricity reliability administrator shall report to the commission each year on the date of agreement under section 269-147 following the original contracting between the Hawaii electricity reliability administrator and the commission on the status of its operations, financial position, and a projected operational budget for the fiscal year following the date of the report.
(c) The Hawaii electricity reliability administrator shall be subject to regulation by the 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. Notwithstanding any other provision of law to the contrary, the Hawaii electricity reliability administrator shall not be an electric public utility or an electric public utility affiliate. [L 2012, c 166, pt of §2]
2023 Hawaii Revised Statutes › Title 15. Transportation and Utilities › 269. Public Utilities Commission › 269-162 Applications to issue bonds and authorize green infrastructure fee.

§269-162 Applications to issue bonds and authorize green infrastructure fee.
(a) In connection with the issuance of bonds, the department may apply to the public utilities commission for one or more financing orders, each of which financing orders authorizes the following:
(1) The imposition, charging, and collection on behalf of the department of the green infrastructure fee, to become effective upon the issuance of the bonds, and the adjustment of the green infrastructure fee on behalf of the department in accordance with an adjustment mechanism requested by the department under this part in amounts sufficient to pay the principal of and interest on bonds and all related financing costs on a timely basis;
(2) The creation of green infrastructure property under the financing order; and
(3) The deposit of the net proceeds of the bonds into the green infrastructure special fund.
(b) The application shall include all of the following:
(1) The principal amount of the bonds proposed to be issued;
(2) An estimate of the date each series of bonds is expected to be issued;
(3) The expected term, not to exceed thirty years, during which term the green infrastructure fee associated with the issuance of each series of bonds is expected to be imposed and collected;
(4) An estimate of the financing costs associated with the issuance of each series of bonds;
(5) An estimate of the amount of the green infrastructure fee revenues necessary to pay principal and interest on the bonds and related financing costs as set forth in the application and the calculation for that estimate, which calculation shall take into account the estimated date or dates of issuance and the estimated principal amount of each series of bonds;
(6) A proposed methodology for allocating the green infrastructure fee among electric utilities and customer classes within each electric utility;
(7) A description of a proposed formulaic adjustment mechanism for the adjustment of the green infrastructure fee to ensure the timely payment of principal and interest on the bonds and related financing costs; and
(8) Any other information required by the public utilities commission. [L 2013, c 211, pt of §3]
2023 Hawaii Revised Statutes › Title 15. Transportation and Utilities › 269. Public Utilities Commission › 269-164 Green infrastructure property.

§269-164 Green infrastructure property.
(a)
The green infrastructure property shall be created simultaneously with the issuance of the bonds and shall immediately vest in the department, which shall pledge and create a lien on the property, together with all other money in the green infrastructure bond fund, solely and exclusively in favor of bondholders and financing parties, to secure the payment of bonds, amounts payable to financing parties and bondholders, amounts payable under any ancillary agreement, and other financing costs as provided in the financing documents executed by the department. Subject to this subsection, the lien and charge on green infrastructure property and all other moneys in the green infrastructure bond fund for the benefit of any financing party shall be governed by section 39-63.
(b) An electric utility shall have no ownership or beneficial interest in nor any claim or right to the green infrastructure fee, green infrastructure property, green infrastructure equipment, or green infrastructure charge other than the obligation to bill and collect the green infrastructure fee and green infrastructure charge as agent for the department or any financing party and remit the collected revenue to the department or such financing party entitled to receive those surcharges in accordance with the financing order. The public utilities commission shall ensure that all reasonable costs incurred by electric utilities to implement the green infrastructure fee 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 the green infrastructure fee, and any costs for the green infrastructure fee that are not recovered otherwise. The green infrastructure fee or green infrastructure property shall not be considered revenue of any electric utility.
(c) The obligation of any electric utility customer to pay the green infrastructure fee or green infrastructure charge and, notwithstanding subsection (b), the obligation of the electric utility to collect and remit the green infrastructure fee or green infrastructure charge shall not be subject to any setoff, counterclaim, surcharge, or defense by the electric utility or by any electric utility customer, or in connection with a bankruptcy of any electric utility or any electric utility customer. [L 2013, c 211, pt of §3]
2023 Hawaii Revised Statutes › Title 15. Transportation and Utilities › 269. Public Utilities Commission › 269-165 Bonds financing order.

§269-165 Bonds financing order.
(a) A financing order shall remain in effect until the bonds issued under the financing order and all financing costs related to the bonds have been paid in full or defeased by their terms. A financing order shall remain in effect and unabated notwithstanding the bankruptcy, reorganization, or insolvency of any electric utility or any affiliate of the electric utility or the commencement of any judicial or nonjudicial proceeding on the financing order.
(b) Once a financing order has become final as provided by law, the financing order shall become irrevocable. The public utilities commission may not directly or indirectly, except as provided in the adjustment mechanism approved in the financing order, reduce, impair, postpone, rescind, alter, or terminate the green infrastructure fee authorized in the financing order or impair the green infrastructure property or the collection of the green infrastructure fee so long as any bonds are outstanding or any financing costs remain unpaid.
(c) Under a final financing order, the department shall retain sole discretion to cause bonds to be issued, including the right to defer or postpone such issuance, assignment, sale, or transfer. [L 2013, c 211, pt of §3]
2023 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]
2023 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]
2023 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]
2023 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]
2023 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]
2023 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]
2023 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]
2023 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]
2023 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]
2023 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]
2023 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]
2023 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]
2023 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]
2023 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]
2023 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]