reglab/statecodes huggingface dataset:
2023 Hawaii Revised Statutes › Title 15. Transportation and Utilities › 269. Public Utilities Commission › 269-16.8 Aggregators of telephone service requirements.

§269-16.8 Aggregators of telephone service requirements.
(a) For the purposes of this section:
"Aggregator" means every person or entity that is not a telecommunications carrier, who, in the ordinary course of its business, makes telephones available and aggregates the calls of the public or transient users of its business, including but not limited to a hotel, motel, hospital, or university, that provides operator-assisted services through access to an operator service provider.
"Operator service" means a service provided by a telecommunications company to assist a customer to complete a telephone call.
(b) The commission, by rule or order, shall adopt and enforce operating requirements for the provision of operator-assisted services by an aggregator. These requirements shall include, but not be limited to, the following:
(1) Posting and display of information in a prominent and conspicuous fashion on or near the telephone equipment owned or controlled by the aggregator which states the identity of the operator service provider, the operator service provider's complaint handling procedures, and means by which the customer may access the various operator service providers.
(2) Identification by name of the operator service provider prior to the call connection and, if not posted pursuant to subsection (b)(1), a disclosure of pertinent rates, terms, conditions, and means of access to various operator service providers and the local exchange carriers; provided that the operator service provider shall disclose this information at any time upon request by the customer.
(3) Allowing the customer access to any operator service provider operating in the relevant geographic area through the access method chosen by the provider or as deemed appropriate by the commission.
(4) Other requirements as deemed reasonable by the commission in the areas of public safety, quality of service, unjust or discriminatory pricing, or other matters in the public interest. [L 1989, c 241, §1]
2023 Hawaii Revised Statutes › Title 15. Transportation and Utilities › 269. Public Utilities Commission › 269-16.91 Universal service subsidies.

§269-16.91 Universal service subsidies.
(a) For any alternative telecommunications provider authorized to provide basic local exchange service to any area of the State pursuant to section 269-16.9(h), the commission may consider the following:
(1) Transferring the subsidy, if any, of the local exchange provider's basic residential telephone service to the alternative provider; and
(2) Transferring from the local exchange carrier to the alternative provider the amounts, if any, generated by the local exchange provider's services other than basic residential telephone service and which are used to subsidize basic residential service in the area.
(b) To receive the subsidy amounts from the local exchange service provider, the alternative telecommunications provider shall be required, to the extent possible, to obtain basic residential service subsidies from both the local exchange service provider and national universal service providers. [L 1994, c 80, §2]
2023 Hawaii Revised Statutes › Title 15. Transportation and Utilities › 269. Public Utilities Commission › 269-16.92 Changes in subscriber carrier selections; prior authorization required; penalties for unauthorized changes.

§269-16.92 Changes in subscriber carrier selections; prior authorization required; penalties for unauthorized changes.
(a) No telecommunications carrier shall initiate a change in a subscriber's selection or designation of a long-distance carrier without first receiving:
(1) A letter of agency or letter of authorization;
(2) An electronic authorization by use of a toll-free number;
(3) An oral authorization verified by an independent third party; or
(4) Any other prescribed authorization;
provided that the letter or authorization shall be in accordance with verification procedures that are prescribed by the Federal Communications Commission or the public utilities commission. For purposes of this section, "telecommunications carrier" does not include a provider of commercial mobile radio service as defined by 47 United States Code section 332(d)(1).
(b) Upon a determination that any telecommunications carrier has engaged in conduct that is prohibited in subsection (a), the public utilities commission shall order the carrier to take corrective action as deemed necessary by the commission and may subject the telecommunications carrier to administrative penalties pursuant to section 269-28. Any proceeds from administrative penalties collected under this section shall be deposited into the public utilities commission special fund.
The commission, if consistent with the public interest, may suspend, restrict, or revoke the registration, charter, or certificate of the telecommunications carrier, thereby denying, modifying, or limiting the right of the telecommunications carrier to provide service in this State.
(c) The commission shall adopt rules, pursuant to chapter 91, necessary for the purposes of this section. The commission may notify customers of their rights under these rules.
[L 1998, c 225, §1]
2023 Hawaii Revised Statutes › Title 15. Transportation and Utilities › 269. Public Utilities Commission › 269-16.93 Release of domestic abuse victims from shared wireless plans.

§269-16.93 Release of domestic abuse victims from shared wireless plans.
(a) All wireless telecommunications service providers shall release, without charge, penalty, or fee, any victim of domestic abuse from a shared or family wireless service contract involving the victim's abuser; provided that the victim submits an opt-out request in writing and with evidence of domestic abuse as documented by any of the following items:
(1) Valid police report documenting an instance or series of instances of domestic abuse;
(2) Order for protection granted pursuant to chapter 586; or
(3) Signed affidavit from a licensed medical or mental health care provider, employee of a court acting within the scope of their employment, or social worker.
(b) When a victim of domestic abuse submits an opt-out request to a wireless telecommunications service provider pursuant to subsection (a), the wireless telecommunications service provider shall, within forty-eight hours from the time the opt-out request is submitted to the wireless telecommunications service provider:
(1) Transfer the billing authority and all rights to the wireless telephone number or numbers of a shared wireless plan to the person who has been granted the release pursuant to subsection (a); or
(2) Remove or release the person, who has been granted the release pursuant to subsection (a), from a shared wireless plan and assign a substitute telephone number or numbers,
without charge, penalty, or fee.
(c) A cause of action shall not lie against any wireless telecommunications service provider, its officers, employees, or agents for the actions taken that are related to the transfer of the billing authority and rights to the wireless telephone number or numbers in accordance with this section.
(d) For purposes of this section:
"Domestic abuse" shall have the same meaning as in section 586-1.
"Wireless telecommunications service" shall have the same meaning as "commercial mobile radio service" as defined in title 47 Code of Federal Regulations section 20.3.
"Wireless telecommunications service provider" means a provider of wireless telecommunications service. [L 2015, c 219, §2; am L 2016, c 9, §1]
Cross References
Transfer or release of domestic abuse victims from shared wireless plans, see §586-5.8.
2023 Hawaii Revised Statutes › Title 15. Transportation and Utilities › 269. Public Utilities Commission › 269-16.95 Emergency telephone service; capital costs; ratemaking.

§269-16.95 Emergency telephone service; capital costs; ratemaking.
(a) A public utility providing local exchange telecommunications services may recover the capital cost and associated operating expenses of providing a statewide enhanced 911 emergency telephone service in the public switched telephone network, through:
(1) A telephone line surcharge; or
(2) Its rate case.
(b) Notwithstanding the commission's rules on ratemaking, the commission shall expedite and give highest priority to any necessary ratemaking procedures related to providing a statewide enhanced 911 emergency telephone service; provided that the commission may set forth conditions and requirements as the commission determines are in the public interest.
(c) The commission shall require every public utility providing statewide enhanced 911 emergency telephone service to maintain a separate accounting of the costs of providing an enhanced 911 emergency service and the revenues received from related surcharges until the next general rate case. The commission shall further require that every public utility imposing a surcharge shall identify such as a separate line item on all customer billing statements.
(d) This section shall not preclude the commission from changing any rate, established pursuant to this section, either specifically or pursuant to any general restructuring of all telephone rates, charges, and classifications. [L 1993, c 223, §2; am L 1997, c 94, §1]
Cross References
Enhanced 911 services for mobile phones, see chapter 138.
2023 Hawaii Revised Statutes › Title 15. Transportation and Utilities › 269. Public Utilities Commission › 269-17 Issuance of securities.

§269-17 Issuance of securities.
A public utility corporation may, on securing the prior approval of the public utilities commission, and not otherwise, issue stocks and stock certificates, bonds, notes, and other evidences of indebtedness, payable at periods of more than twelve months after the date thereof, for the following purposes and no other, namely: for the acquisition of property or for the construction, completion, extension, or improvement of or addition to its facilities or service, or for the discharge or lawful refunding of its obligations or for the reimbursement of moneys actually expended from income or from any other moneys in its treasury not secured by or obtained from the issue of its stocks or stock certificates, or bonds, notes, or other evidences of indebtedness, for any of the aforesaid purposes except maintenance of service, replacements, and substitutions not constituting capital expenditure in cases where the corporation has kept its accounts for such expenditures in such manner as to enable the commission to ascertain the amount of moneys so expended and the purposes for which the expenditures were made, and the sources of the funds in its treasury applied to the expenditures. As used herein, "property" and "facilities", mean property and facilities used in all operations of a public utility corporation whether or not included in its public utility operations or rate base. A public utility corporation may not issue securities to acquire property or to construct, complete, extend or improve or add to its facilities or service if the commission determines that the proposed purpose will have a material adverse effect on its public utility operations.
All stock and every stock certificate, and every bond, note, or other evidence of indebtedness of a public utility corporation not payable within twelve months, issued without an order of the commission authorizing the same, then in effect, shall be void. [L 1933, c 169, pt of §4; RL 1935, §7955; RL 1945, §4716; RL 1955, §104-16; HRS §269-17; am L 1969, c 276, §1]
Cross References
Administrative procedure, see chapter 91.
Case Notes
Contract for lease of land, which was not a loan and which was not a method of generating capital was not an evidence of indebtedness. 64 H. 289, 639 P.2d 1103 (1982).
Cited: 44 H. 634, 635, 361 P.2d 390 (1961); 47 H. 1, 7, 384 P.2d 536 (1963).
2023 Hawaii Revised Statutes › Title 15. Transportation and Utilities › 269. Public Utilities Commission › 269-17.5 Issuance of voting stock; restrictions.

§269-17.5 Issuance of voting stock; restrictions.
(a) For purposes of this section "foreign corporation" means a foreign corporation as defined in section 235-1 or a corporation in which a majority of the voting stock is held by a single foreign corporation as defined in section 235-1.
(b) "Nonresident alien" means a person not a citizen of the United States who is not defined as a resident alien by the United States Citizenship and Immigration Services.
(c) No more than twenty-five per cent of the issued and outstanding voting stock of a corporation organized under the laws of the State and who owns, controls, operates, or manages any plant or equipment, or any part thereof, as a public utility within the definition set forth in section 269-1 shall be held, whether directly or indirectly, by any single foreign corporation or any single nonresident alien, or held by any person, unless prior written approval is obtained from the public utilities commission, or unless a transaction is exempt. An exempt transaction is:
(1) Any purchase or sale by an underwriter;
(2) Any transaction involving a public utility providing basic exchange service to every county in the State that consists of less than fifty per cent of the issued and outstanding voting stock of a corporation organized under the laws of the State; or
(3) A transaction to acquire shares of a corporation with less than one hundred shareholders and less than $1,000,000 in assets.
Every assignment, transfer, contract, or agreement for assignment or transfer of any shares in violation of this section shall be void and of no effect; and no such transfer shall be made on the books of the corporation. Nothing herein shall be construed to make illegal the holding of stock lawfully held, directly or indirectly, prior to June 4, 1977. [L 1977, c 168, §2; am L 1998, c 73, §1; am L 2005, c 22, §11; am L 2019, c 229, §2]
2023 Hawaii Revised Statutes › Title 15. Transportation and Utilities › 269. Public Utilities Commission › 269-18 Acquirement of stock of another public utility.

§269-18 Acquirement of stock of another public utility.
No public utility corporation shall purchase or acquire, take or hold, any part of the capital stock of any other public utility corporation, organized or existing under or by virtue of the laws of the State, without having been first authorized to do so by the order of the public utilities commission. Every assignment, transfer, contract, or agreement for assignment or transfer of any stock by or through any person or corporation to any corporation or otherwise in violation of this section shall be void and of no effect; and no such transfer shall be made on the books of any public utility. Nothing herein shall be construed to make illegal the holding of stock lawfully acquired before July 1, 1933. [L 1933, c 169, pt of §4; RL 1935, §7956; RL 1945, §4717; RL 1955, §104-17; HRS §269-18]
Case Notes
State-federal jurisdiction over interisland air transportation. 235 F. Supp. 990 (1964); 47 H. 1, 87, 384 P.2d 536 (1963).
2023 Hawaii Revised Statutes › Title 15. Transportation and Utilities › 269. Public Utilities Commission › 269-19 Merger and consolidation of public utilities.

§269-19 Merger and consolidation of public utilities.
(a) No public utility shall sell, lease, assign, mortgage, or otherwise dispose of or encumber the whole or any part of its road, line, plant, system, or other property necessary or useful in the performance of its duties to the public, or any franchise or permit, or any right thereunder, nor by any means, directly or indirectly, merge or consolidate with any other public utility without first having secured from the public utilities commission an order authorizing it so to do, unless:
(1) The sale, lease, assignment, mortgage, disposition, encumbrance, merger, or consolidation is done in accordance with subsection (b);
(2) The public utility is disposing a fully depreciated asset or property with a zero net book value; provided that the disposal:
(A) Is made to an unaffiliated entity; and
(B) Results in a zero or net reduction to the public utility's rate base; or
(3) The public utility is donating a fully depreciated asset or property with zero net book value to a charitable or nonprofit organization.
Every sale, lease, assignment, mortgage, disposition, encumbrance, merger, or consolidation that requires authorization from the public utilities commission under this subsection and is made other than in accordance with the order of the commission shall be void.
(b) A public utility, under circumstances that it deems exigent and in its judgment require a response that rapidly restores one of its customers to normal, or near normal, operating status in order to prevent serious disruption of essential public services, or avoid serious risk to public safety, or to mitigate severe economic losses to that customer, may transfer, assign, or otherwise dispose of its property without prior approval from the public utilities commission as required in subsection (a); provided that in so doing:
(1) The public utility does not unduly hinder or degrade the public utility's operation with respect to its services or other customers;
(2) The public utility is duly compensated for its property; and
(3) The public utility reports in detail to the public utilities commission within thirty days of any such action unless otherwise approved by the public utilities commission for good cause shown.
For purposes of this subsection, "property" does not include real property. [L 1933, c 169, pt of §4; RL 1935, §7957; RL 1945, §4718; RL 1955, §104-18; HRS §269-19; am L 2008, c 7, §2; am L 2023, c 178, §1]
Case Notes
Section applies to lease of air space above land used by a public utility, and approval of commission must be obtained. 54 H. 402, 507 P.2d 755 (1973).
PUC did not fail to protect public interest with regard to HECO's contract for purchase of land in Heeia Kea. 64 H. 289, 639 P.2d 1103 (1982).
Unsecured obligation to make payments in future is not an encumbrance. 64 H. 289, 639 P.2d 1103 (1982).
2023 Hawaii Revised Statutes › Title 15. Transportation and Utilities › 269. Public Utilities Commission › 269-20 Certificates of public convenience and necessity for water carriers.

§269-20 Certificates of public convenience and necessity for water carriers.
(a) No person which holds itself out to the general public to engage in the transportation by water of passengers or property or any class or classes thereof for compensation, between points in the State of Hawaii, shall operate unless there is in force with respect to such carrier a certificate of public convenience and necessity issued by the commission authorizing such transportation; provided that this section shall not apply to any carrier by water to the extent that the carrier is excluded from the definition of a public utility under section [269-1(2)(E) and (F)].
(b) Applications for certificates shall be made in writing under oath to the commission in such form as it requires.
(c) A certificate shall be issued to any qualified applicant therefor, authorizing the whole or any part of the operations covered by the application, if it is found that the applicant is fit, willing, and able properly to perform the service proposed and to conform to the provisions of this chapter and the requirements, rules and regulations of the commission thereunder, and that the proposed service, to the extent authorized by the certificate, is or will be required by the present or future public convenience and necessity; otherwise such application shall be denied. Any certificate issued shall specify the service to be rendered and the routes and ports which the water carrier is to serve and there shall be attached to the exercise of the privileges granted by the certificate, at the time of issuance and from time to time thereafter, such reasonable conditions and limitations as the public convenience and necessity may require.
(d) The commission may at any time suspend, change or revoke such certificate in the manner provided in section 271-19. [L 1933, c 169, pt of §4; RL 1945, §4719; am L 1945, c 189, §1; am L 1949, c 366, §2; RL 1955, §104-19; HRS §269-20; am L 1969, c 55, §1]
Revision Note
Provisions of subsection (c) authorizing the issuance of a certificate to a carrier under L 1969, c 55, §1, deleted as obsolete.
Case Notes
Acceptance of certificate and benefits, estops holder from contesting validity of law under which certificate issued. 33 H. 813 (1936).
Certificate within police power; not a franchise. 34 H. 52 (1936).
Ownership of franchise does not prevent application for a certificate for other purposes. 40 H. 579 (1954).
Regulation of depreciation practice of utilities; scope of court's review of commission order. 42 H. 233 (1957).
2023 Hawaii Revised Statutes › Title 15. Transportation and Utilities › 269. Public Utilities Commission › 269-25 Valuations.

§269-25 Valuations.
The public utilities commission may either upon its own motion or upon application by any utility for any order where the commission deems it advisable and to the best interest of the public and the utility cause a valuation to be made to ascertain for any purpose specified in this chapter the value of the property of any public utility and every fact and element of value which in its judgment may or does have any bearing on such value. The commission may make revaluations and ascertain the value of all additions, betterments, extensions, and acquisitions of property of any public utility. [L 1933, c 169, pt of §4; RL 1935, §7960; RL 1945, §4721; RL 1955, §104-22; HRS §269-25]
2023 Hawaii Revised Statutes › Title 15. Transportation and Utilities › 269. Public Utilities Commission › 269-26 Investigation of water rates charged by lessee under state leases.

§269-26 Investigation of water rates charged by lessee under state leases.
The public utilities commission shall investigate charges made by all persons for water supplied to consumers for domestic uses and purposes, where the water supplied is secured by virtue of a lease from the State, requiring rates to be fixed by the licensee with the approval of the department of land and natural resources. If it appears upon investigation that the water supplied to consumers for domestic uses and purposes is by virtue of a lease requiring rates to be fixed by the licensee, with the approval of the department, then the public utilities commission shall report to the department the result of the investigation, and whether the rates charged to consumers are reasonable or not. [L 1917, c 238, §1; RL 1925, §2203; RL 1935, §7961; RL 1945, §4722; RL 1955, §104-23; am L Sp 1959 2d, c 1, §21; am L 1961, c 132, §2; HRS §269-26]
2023 Hawaii Revised Statutes › Title 15. Transportation and Utilities › 269. Public Utilities Commission › 269-26.5 Preferential water rates for agricultural activities.

§269-26.5 Preferential water rates for agricultural activities.
(a) It is the policy of the State to promote the long-term viability of agriculture by establishing mechanisms that provide for preferential rates for potable water for agricultural activities. The public utilities commission shall have the authority to establish preferential rates for potable water used for agricultural activities in a public utility's service area.
(b) Upon receipt of a bona fide request for preferential rates for potable water to be used for agricultural activities, and proof that the customer engages in agricultural activities, a public utility shall provide proposed preferential rates for potable water to be used only for qualified agricultural activities to the public utilities commission for approval. All such rates approved by the public utilities commission shall be subsidized by the potable water rates charged to other customers of the public utility if required as determined by the public utilities commission. In reviewing the proposed preferential rates, the public utilities commission, in consultation with the department of agriculture, may establish additional criteria to qualify bona fide agribusinesses for water used solely for agricultural activities. For rate cases initiated pursuant to this section, the public utilities commission shall allow the recovery of any reasonable unamortized costs incurred by the public utility in its previous rate case; provided however, upon full amortization of these costs, rates shall be adjusted accordingly. [L 2008, c 169, §2]
2023 Hawaii Revised Statutes › Title 15. Transportation and Utilities › 269. Public Utilities Commission › 269-26.6 Preferential water carrier service rates for agricultural activities.

§269-26.6 Preferential water carrier service rates for agricultural activities.
The public utilities commission may authorize preferential water carrier service rates by tariff for ratepayers that engage in agricultural activities. The application process for obtaining preferential water carrier service rates by tariff may be established by the public utilities commission. [L 2012, c 232, §2]
2023 Hawaii Revised Statutes › Title 15. Transportation and Utilities › 269. Public Utilities Commission › 269-27 Prevention of unreasonable water rates.

§269-27 Prevention of unreasonable water rates.
In the event the public utilities commission, investigating as provided in section 269-26, reports that in its judgment the rates charged to consumers for water supplied to them for domestic uses and purposes, are not reasonable, the attorney general shall take appropriate action to secure for the consumers reasonable rates for such water, or, if the attorney general is so advised, proceed to cancel the licenses and leases of the persons charging the unreasonable rates. [L 1917, c 238, §2; RL 1925, §2204; RL 1935, §7962; RL 1945, §4723; RL 1955, §104-24; HRS §269-27; gen ch 1985]
2023 Hawaii Revised Statutes › Title 15. Transportation and Utilities › 269. Public Utilities Commission › 269-27.1 Establishment of geothermal energy rates.

§269-27.1 Establishment of geothermal energy rates.
(a) The rate payable by a public utility to the producer of geothermal steam or electricity generated from geothermal steam shall be established by agreement between the public utility and the supplier, subject to approval by the public utilities commission; provided that if the public utility and the supplier fail to reach an agreement for such rate, or if the agreed upon rate is disapproved by the commission, the public utilities commission shall establish a just and reasonable rate for the geothermal steam or electricity generated from geothermal steam supplied to the public utility by the producer.
(b) The producer of geothermal steam or electricity generated from geothermal steam shall be excluded from coverage of the term "public utility" as defined in section 269-1. [L 1978, c 132, §2]
2023 Hawaii Revised Statutes › Title 15. Transportation and Utilities › 269. Public Utilities Commission › 269-27.3 Preferential renewable energy rates; agricultural activities.

§269-27.3 Preferential renewable energy rates; agricultural activities.
[(a)] It is the policy of the State to promote the long-term viability of agriculture by establishing mechanisms that provide for preferential rates for the purchase of renewable energy produced in conjunction with agricultural activities. The public utilities commission shall have the authority to establish preferential rates for the purchase of renewable energy produced in conjunction with agricultural activities.
[(b)] Upon receipt of a bona fide request for preferential rates for the purchase of renewable energy produced in conjunction with agricultural activities, and proof that the renewable energy is produced in conjunction with agricultural activities, a public utility shall forward the request for preferential rates to the public utilities commission for approval. [L 2009, c 185, §2]
2023 Hawaii Revised Statutes › Title 15. Transportation and Utilities › 269. Public Utilities Commission › 269-27.4 Community-based renewable energy tariffs.

§269-27.4 Community-based renewable energy tariffs.
(a) Each electric utility in the State shall file a proposed community-based renewable energy tariff or tariffs with the public utilities commission by October 1, 2015. The public utilities commission shall establish a community-based renewable energy tariff or tariffs, pursuant to section 269-16; provided that the tariff or tariffs are found to be in the public interest.
(b) Any person or entity may own or operate an eligible community-based renewable energy project or projects provided that the person or entity complies with all applicable statutes, rules, tariffs, and regulations governing the ownership and interconnection of such project or projects.
(c) As used in this section:
"Community-based renewable energy tariff" means a tariff approved by the commission that:
(1) Allows an electric utility customer to participate in an eligible renewable energy project that is providing electricity and electric grid services to the electric utility;
(2) Allows the electric utility to implement a billing arrangement to compensate those customers for the electricity and electric grid services provided to the electric utility;
(3) Is designed to provide fair compensation for electricity, electric grid services, and other benefits provided to or by the electric utility, participating ratepayers, and non-participating ratepayers; and
(4) To the extent possible, standardizes and streamlines the related interconnection processes for community-based renewable energy projects. [L 2015, c 100, §2]
Note
Section is printed as enacted by L 2015, c 100, §2.
2023 Hawaii Revised Statutes › Title 15. Transportation and Utilities › 269. Public Utilities Commission › 269-27.5 Construction of high-voltage electric transmission lines; hearing.

§269-27.5 Construction of high-voltage electric transmission lines; hearing.
Whenever a public utility plans to place, construct, erect, or otherwise build a new 46 kilovolt or greater high-voltage electric transmission system above the surface of the ground through any residential area, the public utilities commission shall conduct a public hearing prior to its issuance of approval thereof. Notice of the hearing shall be given in the manner provided in section 269-16 for notice of public hearings. [L 1976, c 11, §2]
Case Notes
Where general public had substantial opportunity to provide input, public utilities commission had established necessary procedures by which ratepayers could manifest their consent in order to persuade commission that cost of underground routing of transmission lines was acceptable. 81 H. 459, 918 P.2d 561 (1996).
2023 Hawaii Revised Statutes › Title 15. Transportation and Utilities › 269. Public Utilities Commission › 269-27.7 Preferential electricity rates; protected agriculture.

§269-27.7 Preferential electricity rates; protected agriculture.
(a) The public utilities commission may establish preferential electricity rates for agricultural activities that utilize protected agriculture to produce fruits or vegetables for distribution; provided that the protected agriculture includes reasonable efforts to incorporate cost-effective renewable energy sources and energy efficiency measures.
(b) In considering preferential rates, the public utilities commission shall ensure that any subsidization being paid by other customers is limited and reasonable and shall periodically review and adjust the rate, if necessary.
(c) A public utility shall provide a request for preferential electricity rates to the public utilities commission for approval upon receipt of:
(1) A bona fide request for preferential electricity rates for agricultural activities that utilize protected agriculture to produce fruits or vegetables for distribution; and
(2) Proof that the fruits or vegetables cited in the request are produced in a manner consistent with this section.
(d) For purposes of this section, "protected agriculture" means any crop production technologies or techniques that partially or fully control a plant's micro-climate to target the particular requirements of the species; provided that the term shall not include agricultural activities that produce medical cannabis. [L 2019, c 203, §2]
2023 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).
2023 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.
2023 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).
2023 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).
2023 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]
2023 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.
2023 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]
2023 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]
2023 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).
2023 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]