reglab/statecodes huggingface dataset:
2023 Hawaii Revised Statutes › Title 15. Transportation and Utilities › 268. Ferries › 268-1.5 Private ferry or ferry system; authority to provide. Notwithstanding any other provisions of this chapter, the department, in lieu of establishing the Hawaii State Ferries, an inter-island or intra-island ferry or ferry system operated and maintained by the State under the provisions of the chapter, may enter into a contract, lease, or other agreement with any person to provide for a privately operated ferry or ferry system; provided that no contract, lease, or other agreement shall be made except under contract let after public advertisement for sealed tenders, subject to the provisions under chapter 103D. [L 1988, c 232, §2; am L Sp 1993, c 8, §54]

§268-1.5
Private ferry or ferry system; authority to provide.
Notwithstanding any other provisions of this chapter, the department, in lieu of establishing the Hawaii State Ferries, an inter-island or intra-island ferry or ferry system operated and maintained by the State under the provisions of the chapter, may enter into a contract, lease, or other agreement with any person to provide for a privately operated ferry or ferry system; provided that no contract, lease, or other agreement shall be made except under contract let after public advertisement for sealed tenders, subject to the provisions under chapter 103D. [L 1988, c 232, §2; am L Sp 1993, c 8, §54]
2023 Hawaii Revised Statutes › Title 15. Transportation and Utilities › 268. Ferries › 268-2 "Hawaii State Ferries" name authorized.

§268-2 "Hawaii State Ferries" name authorized.
The department of transportation may operate its ferry system under the name "Hawaii State Ferries". [L 1963, c 186, §2; Supp, §114-2; HRS §268-2]
2023 Hawaii Revised Statutes › Title 15. Transportation and Utilities › 268. Ferries › 268-2.5 Intra-island water ferry transportation system; authority to implement.

§268-2.5 Intra-island water ferry transportation system; authority to implement.
The department of transportation is authorized to implement an intra-island water ferry transportation system subject to chapter 103D. The intra-island water ferry transportation system shall be premised upon the transportation of commuters during peak traffic periods and may be used for other revenue-generating purposes during non-peak traffic periods. The system may include landings at various locations along the southern coast of Oahu and shall be integrated with ground transportation.
The department of transportation and the department of land and natural resources are authorized to:
(1) Waive or assess nominal fees for the use of public infrastructures and terminals by the operator of the intra-island water ferry transportation system; and
(2) Lease public lands at a nominal cost to the operator of the intra-island water ferry transportation system.
In return for concessions as determined jointly by the department of transportation and the department of land and natural resources, the operator of the intra-island water ferry transportation system shall provide the ferry service at no cost or nominal cost to the State for the duration of the concessions. Operating expenses may be further supplemented by other revenue-generating activities during non-peak traffic periods.
The department of transportation shall aggressively explore the possibility of obtaining federal funds to implement the intra-island water ferry transportation system. [L 1998, c 221, §2]
2023 Hawaii Revised Statutes › Title 15. Transportation and Utilities › 268. Ferries › 268-2.6 Ferry project special fund.

§268-2.6 Ferry project special fund.
There is established in the state treasury the ferry project special fund, into which shall be deposited revenues collected by the operators of the intra-island water ferry transportation system. Moneys in the ferry project special fund shall be used to offset costs incurred by the intra-island water ferry transportation system or demonstration project, or both; provided that no expenditure shall be made from, and no obligation shall be incurred against the fund in excess of its deposits. Moneys in the fund shall be expended by the department of transportation. [L 1998, c 221, §4]
2023 Hawaii Revised Statutes › Title 15. Transportation and Utilities › 268. Ferries › 268-3 Survey.

§268-3 Survey.
The department of transportation may make any examination, investigation, survey, or reconnaissance it deems necessary for obtaining information relative to the acquisition, construction, or operation of the ferry or ferry facilities. [L 1963, c 186, §3; Supp, §114-3; HRS §268-3]
2023 Hawaii Revised Statutes › Title 15. Transportation and Utilities › 268. Ferries › 268-4 Appropriation; personnel.

§268-4 Appropriation; personnel.
There is appropriated from the general revenues of the State the sum of $150,000 or so much thereof as may be necessary, to defray the cost of any examination, investigation, survey, or reconnaissance and all other expenses necessary for the issuance of any bonds and the implementation of the ferry system; provided that upon the sale of the revenue bonds authorized herein, that portion of the $150,000 which is expended for planning, designing, or preparation of plans and specifications for the construction or improvement of the ferry vessel or terminal facilities needed for the operation of the ferry system shall be repaid by the department of transportation to the State.
The department may hire personnel to perform the services noted above and to implement the ferry system. The personnel, however, shall be hired by contract and be exempt from chapter 76 and the appropriate collective bargaining agreement, executive order, executive directive, or rule. [L 1963, c 186, §4; am L 1965, c 204, §1(a); Supp, §114-4; HRS §268-4; am L 2000, c 253, §150; am L 2002, c 148, §23]
2023 Hawaii Revised Statutes › Title 15. Transportation and Utilities › 268. Ferries › 268-5 Bonds; issue authorized.

§268-5 Bonds; issue authorized.
For the purpose of paying any and all costs in connection with the acquisition by lease, charter, contract, purchase, condemnation, or construction of all or any part of the ferry system, approaches, and roadways incidental thereto, and for rehabilitating, rebuilding, enlarging, extending, battering, and improving all or any part of the system and of the facilities used or useful in connection therewith and for providing initial working capital, the department of transportation is authorized to issue by certificate of its director revenue bonds of the State in an amount not exceeding $14,000,000 or so much thereof as may be necessary; provided that the department may issue the revenue bonds only after approval by the governor. Revenue bonds issued pursuant to the provisions of the chapter shall be payable solely from and secured by a first charge and a prior and paramount lien upon all or such part of the gross revenues derived from the operation of the ferry system as shall be pledged thereto in and by the certificate of the director of transportation providing for the issuance of the bonds, and the bonds shall not constitute an indebtedness of the State. Except as otherwise provided herein, the bonds shall be issued in accordance with, be subject to and be entitled to the security and benefits of chapter 39, part III. The bonds shall be sold by the director at public sale as provided in section 39-54, or, with the approval of the governor and of the director of finance, may be sold by the director at private sale, and in either event may be sold at a discount of not to exceed two per cent of the par value thereof. [L 1963, c 186, pt of §5; am L 1965, c 204, pt of §1(b); Supp, pt of §114-5; HRS §268-5]
Note
Reference to §39-54 is to the section prior to 1988. L 1988, c 28 enacted a new §39-54 with no reference to "public sale". For related provisions, see §39-55.
2023 Hawaii Revised Statutes › Title 15. Transportation and Utilities › 268. Ferries › 268-6 Bonds, certificates of issuance; terms and conditions.

§268-6 Bonds, certificates of issuance; terms and conditions.
(a) Any certificate or certificates providing for the issuance of revenue bonds pursuant to this chapter shall provide that the revenue bonds shall be redeemable before the maturity thereof at the option of the department of transportation at any time after five years from the date of such bonds on such terms and conditions as the certificate or certificates providing for the issuance of the bonds shall prescribe, including the payment of premiums upon the redemption thereof, and may contain covenants on behalf of the State to protect and safeguard the security and rights of the holders thereof authorized by chapter 39, part III, and, in addition thereto, covenants as to, among other things:
(1) Subject to section 268-8, the establishment and maintenance of adequate rates, rentals, and charges for the services and facilities sold, furnished, or supplied through the ferry system; and
(2) Limitations upon the right to dispose of the ferry system or any part thereof without providing for the payment of revenue bonds issued pursuant to this chapter.
(b) All gross revenues derived from the operation of the ferry system and any additions or extensions thereof shall be deposited to the credit of the state general fund. [L 1963, c 186, pt of §5; am L 1965, c 204, pt of §1(b); Supp, pt of §114-5; HRS §268-6; am L 1993, c 280, §55]
2023 Hawaii Revised Statutes › Title 15. Transportation and Utilities › 268. Ferries › 268-7 Operation of ferry system.

§268-7 Operation of ferry system.
The department of transportation may operate such ferry system, including all operations, whether intrastate or international, upon any route or routes, as a revenue producing undertaking, and the State covenants with the holders from time to time of bonds issued pursuant to this chapter that so long as any of the bonds are outstanding and unpaid the State will continue to maintain and operate the ferry system and to impose and collect rates, rentals, and charges for the services, facilities, and commodities sold, furnished, or supplied through the facilities of the ferry system which will provide gross revenues sufficient to pay the principal of and interest on all bonds issued pursuant to this chapter, including reserves therefor, and to maintain all funds or reserves created pursuant to the certificate authorizing such bonds for the rehabilitation, renewal, and replacement of the facilities of the ferry system so as to maintain the same in good operating condition. The department shall have full charge of the construction, rehabilitation, rebuilding, enlarging, improving, and maintenance of the ferry system, including approaches and roadways incidental thereto that may be authorized by the department, the granting of concessions, the collection of tolls, and other charges for the services and facilities of the undertaking; provided that the department shall comply with the provisions of chapter 102 relating to contracts for concessions on public property. The gross revenues derived from the operation of the ferry system shall be appropriated, applied, or expended for the purposes and in the order of priority set forth in section [39-62]; provided that if the certificate authorizing the issuance of the bonds shall so provide, the revenues shall be appropriated, applied, or expended for the rehabilitation, renewal and replacement of the facilities required to maintain the ferry system in good operating condition, including such reserve or reserves therefor as shall be provided in the certificate, immediately after being appropriated, applied, or expended to the payment of the bonds and interest thereon, including reserves therefor, and before being appropriated, applied, or expended to the other purposes set forth in the section. [L 1963, c 186, §6; am L 1965, c 204, §1(c); Supp, §114-6; HRS §268-7]
2023 Hawaii Revised Statutes › Title 15. Transportation and Utilities › 268. Ferries › 268-8 Fixing of charges, rates, and disbursements of revenues.

§268-8 Fixing of charges, rates, and disbursements of revenues.
So long as any of the bonds authorized pursuant to this chapter are outstanding and unpaid, the department of transportation shall establish, maintain, and collect charges, rentals, and rates for the services, facilities, and commodities sold, furnished, or supplied through the facilities of the ferry system as shall be reasonable and consistent with the purpose of providing economical inter-island transportation, notwithstanding section [39-61] or any other law to the contrary; provided that the rates, rentals, and charges shall at all times be sufficient to provide revenues in amounts necessary to pay the principal of and interest on all bonds issued pursuant to this chapter, including reserves therefor, and to maintain all funds or reserves created by the certificate authorizing the issuance of the bonds for the rehabilitation, renewal, and replacement of facilities required to maintain the ferry system in good operating condition. [L 1963, c 186, §7; am L 1965, c 204, §1(d); Supp, §114-7; HRS §268-8]
2023 Hawaii Revised Statutes › Title 15. Transportation and Utilities › 268. Ferries › 268-9 Seamen may sue for injuries; venue.

§268-9 Seamen may sue for injuries; venue.
The State consents to suits against the department of transportation by seamen for injuries occurring upon vessels under the authority of the Hawaii state ferries system in accordance with title 46 United States Code section 30104. The venue of the actions may be in the first circuit court or the circuit wherein the injury occurred. [L 1963, c 186, §8; Supp, §114-8; HRS §268-9; am L 2021, c 230, §3]
2023 Hawaii Revised Statutes › Title 15. Transportation and Utilities › 268. Ferries › 268-10 Authority as a common carrier; rights and liabilities.

§268-10 Authority as a common carrier; rights and liabilities.
The department of transportation shall have all the obligations, duties, and rights of a common carrier of persons and property in its operation of ferries, terminals, or other facilities used in its ferry operations, including the right to participate in joint rates and through routes, agreements, and divisions of through and joint rates with railroads and other common carriers and the right to make any filings with the Interstate Commerce Commission, the United States Maritime Commission, or any other state or federal regulatory or governmental body and to comply with the lawful rules and regulations or requirements of any such body, and shall be subject to laws relating to carrier's liability for loss or damage to property transported, and for personal injury or death of persons transported. [L 1963, c 186, §9; Supp, §114-9; HRS §268-10]
2023 Hawaii Revised Statutes › Title 15. Transportation and Utilities › 268. Ferries › 268-11 Liability for damages as to persons or property.

§268-11 Liability for damages as to persons or property.
In case of property loss or damage, personal injuries or death resulting from the operation of any ferry or terminal by the department of transportation, any person or the personal representative of any person shall, subject to and to the extent hereinafter provided, have a right of action against the department for the damage, loss, injury, or death. [L 1963, c 186, §10; Supp, §114-10; HRS §268-11]
2023 Hawaii Revised Statutes › Title 15. Transportation and Utilities › 268. Ferries › 268-12 Liability to persons other than shippers or passengers; limitation.

§268-12 Liability to persons other than shippers or passengers; limitation.
The right of action extended by this chapter shall be applicable to loss or damage of property or personal injury or death, resulting from the operation of ferries or terminals by the department of transportation to persons other than shippers or passengers, but any recovery of damages in such cases shall not exceed an amount equal to the limitations of the insurance carried by the department to insure it against loss for such liability. [L 1963, c 186, §11; Supp, §114-11; HRS §268-12]
2023 Hawaii Revised Statutes › Title 15. Transportation and Utilities › 268. Ferries › 268-13 Claim for damages; filing and contents; time limitations.

§268-13 Claim for damages; filing and contents; time limitations.
As a condition to a recovery thereon, a verified claim against the department of transportation growing out of damages, loss, injuries, or death must first be presented to the department and filed with its director within thirty days after the time when the claim accrued. If the claimant shall be incapacitated from verifying and filing the claimant's claim within the thirty days, then the claim may be verified and presented on behalf of the claimant by the claimant's relative, attorney, or agent. If the claimant is a minor or incompetent person, the claim may be verified and filed by the claimant's guardian or next friend. Each claim must accurately locate and describe the event or defect that caused the damage, loss, injury, or death, reasonably describe the damage, loss, or injury, and state the time when the same occurred, give the claimant's residence for six months last past, and contain the items of damages claimed. No action shall be maintained against the department upon the claim until the same has been presented to, and filed with, the department and sixty days have elapsed after the presentation and filing, nor more than two years after the claim accrued. [L 1963, c 186, §12; Supp, §114-12; HRS §268-13; gen ch 1985]
2023 Hawaii Revised Statutes › Title 15. Transportation and Utilities › 268. Ferries › 268-14 Payment of claims.

§268-14 Payment of claims.
The department of transportation may upon such terms and conditions as it may impose and under such rules and regulations as it may adopt, pay claims arising under its operation of ferries or terminals or compromise or settle the claims. No claim shall be paid by the department or any settlement or compromise thereof be made except from its operating revenues derived from its operation of ferries or terminals or from the proceeds of insurance recoveries. [L 1963, c 186, §13; Supp, §114-13; HRS §268-14]
Cross References
Rulemaking procedure, see chapter 91.
2023 Hawaii Revised Statutes › Title 15. Transportation and Utilities › 268. Ferries › 268-15 Venue of actions; enforcement of judgment.

§268-15 Venue of actions; enforcement of judgment.
Actions for the recovery of damages under sections 268-11 to 268-15 may be brought in the first circuit court or in the circuit in which the aggrieved person resides. No execution upon a judgment or attachment shall be levied against the property of the department of transportation, nor does the State consent to any maritime lien against vessels of the department, but the department may be required by order of court to pay any judgment. [L 1963, c 186, §14; Supp, §114-14; HRS §268-15]
2023 Hawaii Revised Statutes › Title 15. Transportation and Utilities › 268. Ferries › 268-16 Report.

§268-16 Report.
The director of transportation shall prepare a report in writing of the nature and extent of the director's activities under this chapter whenever the director deems it necessary or appropriate. The report shall be delivered to each house of the legislature. [L 1963, c 186, §15; Supp, §114-15; HRS §268-16; am L 1979, c 55, §1; gen ch 1985]
2023 Hawaii Revised Statutes › Title 15. Transportation and Utilities › 269. Public Utilities Commission › 269-3 Employment of assistants.

§269-3 Employment of assistants.
(a) The chairperson of the public utilities commission may appoint and employ professional staff and other assistants for the public utilities commission as the chairperson finds necessary for the performance of the commission's functions and define their powers and duties. Notwithstanding section 26-35(a)(4) to the contrary and subject to applicable personnel laws, the employment, appointment, applicable salary schedules, promotion, transfer, demotion, discharge, and job descriptions of all officers and employees of or under the jurisdiction of the commission shall be determined by the chairperson and may be delegated to the executive officer appointed and employed pursuant to subsection (b); provided that determinations concerning personnel matters made by the chairperson or the executive officer, as delegated by the chairperson, may be reviewed by the director of commerce and consumer affairs for completeness and for compliance and conformance with applicable administrative processes and procedures of the department of commerce and consumer affairs. The chairperson may appoint and, at pleasure, dismiss a chief administrator and attorneys as may be necessary, and who shall be exempt from chapter 76. The chairperson may also appoint other staff, including a fiscal officer and a personnel officer, with or without regard to chapter 76.
(b) The chairperson of the commission shall appoint, employ, and dismiss, at pleasure, an executive officer who shall be responsible for managing the operations of the commission. The responsibilities of the executive officer shall include management and recruitment of personnel, budget planning and implementation, strategic planning and implementation, procurement and contract administration, and implementation of administrative programs and projects. The executive officer shall be exempt from chapter 76.
(c) Notwithstanding section 91-13, the commission may consult with its assistants appointed under authority of this section in any contested case or agency hearing concerning any issue of facts. Neither the commission nor any of its assistants shall in such proceeding consult with any other person or party except upon notice and an opportunity for all parties to participate, save to the extent required for the disposition of ex parte matters authorized by law. [L 1913, c 89, §2; RL 1925, §2190; am L 1933, c 141, §2; RL 1945, §4703; am L 1949, c 179, §1; RL 1955, §104-3; am imp L 1963, c 21, §1 and c 114, §3; HRS §269-3; am L 1972, c 118, §2; am L 1976, c 165, §2; am L 1983, c 219, §4; am L 1985, c 292, §1; gen ch 1985; am L 1989, c 178, §1; am L 1991, c 57, §4; gen ch 1993; am L Sp 1993, c 8, §53; am L 2000, c 253, §150; am L 2006, c 143, §1; am L 2007, c 177, §3; am L 2013, c 104, §2; am L 2014, c 108, §5]
Note
Restructuring of operations, etc. L 2007, c 177, §4; L 2013, c 104, §4.
2023 Hawaii Revised Statutes › Title 15. Transportation and Utilities › 269. Public Utilities Commission › 269-5 Annual report and register of orders.

§269-5 Annual report and register of orders.
The public utilities commission shall prepare and present to the governor in the month of January in each year a report respecting its actions during the preceding fiscal year. This report shall include summary information and analytical, comparative, and trend data concerning major regulatory issues acted upon and pending before the commission; cases processed by the commission, including their dispositions; utility company operations, capital improvements, and rates; utility company performance in terms of efficiency and quality of services rendered; financing orders issued, adjustments made to the public benefits fee, and repayments or credits provided to electric utility customers pursuant to part X or chapter 196, part IV; a summary of power purchase agreements, including pricing, in effect during the fiscal year; environmental matters having a significant impact upon public utilities; actions of the federal government affecting the regulation of public utilities in Hawaii; long and short-range plans and objectives of the commission; together with the commission's recommendations respecting legislation and other matters requiring executive and legislative consideration. Electronic copies of the annual reports shall be furnished by the governor to the legislature. In addition, the commission shall establish and maintain a register of all its orders and decisions, which shall be open and readily available for public inspection, and no order or decision of the commission shall take effect until it is filed and recorded in this register. [L 1913, c 89, §3; RL 1925, §2191; RL 1935, §7943; RL 1945, §4704; RL 1955, §104-4; am L Sp 1959 2d, c 1, §6; am L 1963, c 114, §3; HRS §269-5; am L 1976, c 165, §4; am L 2013, c 211, §4 and c 260, §2; am L 2014, c 108, §6; am L 2021, c 72, §1]
2023 Hawaii Revised Statutes › Title 15. Transportation and Utilities › 269. Public Utilities Commission › 269-7 Investigative powers.

§269-7 Investigative powers.
(a) The public utilities commission and each commissioner shall have power to examine into the condition of each public utility, the manner in which it is operated with reference to the safety or accommodation of the public, the safety, working hours, and wages of its employees, the fares and rates charged by it, the value of its physical property, the issuance by it of stocks and bonds, and the disposition of the proceeds thereof, the amount and disposition of its income, and all its financial transactions, its business relations with other persons, companies, or corporations, its compliance with all applicable state and federal laws and with the provisions of its franchise, charter, and articles of association, if any, its classifications, rules, regulations, practices, and service, and all matters of every nature affecting the relations and transactions between it and the public or persons or corporations.
(b) The commission may investigate any person acting in the capacity of or engaging in the business of a public utility within the State, without having a certificate of public convenience and necessity or other authority previously obtained under and in compliance with this chapter or the rules promulgated under this chapter.
(c) Any investigation may be made by the commission on its own motion, and shall be made when requested by the public utility to be investigated, or by any person upon a sworn written complaint to the commission, setting forth any prima facie cause of complaint. A majority of the commission shall constitute a quorum. [L 1913, c 89, §5; RL 1925, §2193; RL 1935, §7945; RL 1945, §4706; RL 1955, §104-6; HRS §269-7; am L 1991, c 57, §5]
Case Notes
Shipping from port to port in Territory is interstate commerce. Commission has no jurisdiction to regulate rates and charges of common carrier by water in interstate commerce for transportation of persons and property from port to port. 24 H. 136 (1917).
Not repealed by Shipping Board Act (Sept. 7, 1916, 39 Stat. 451). 32 H. 127 (1931).
To establish rate basis, fix fair rate. 33 H. 487 (1935).
Interisland shipping. 33 H. 890 (1936), aff'd 96 F.2d 412 (1938), aff'd 305 U.S. 306 (1938).
Duty to require compliance with federal law. 47 H. 1, 384 P.2d 536 (1963).
PUC may dismiss complaint without a hearing or investigation. 64 H. 289, 639 P.2d 1103 (1982).
The billing disputes would fall within the broad provisions of §269-6 and this section, as a dispute between telecommunication carriers regarding billing and compensation for services, but this would not deprive the court of jurisdiction over the matters. The language of the statutes indicates only that the public utilities commission (PUC) would have jurisdiction over matters such as transactions between carriers, and not that the PUC would have exclusive jurisdiction. 131 H. 257, 318 P.3d 97 (2013).
Cited: 665 F. Supp. 2d 1189 (2009).
2023 Hawaii Revised Statutes › Title 15. Transportation and Utilities › 269. Public Utilities Commission › 269-8 Public utilities to furnish information.

§269-8 Public utilities to furnish information.
Every public utility or other person subject to investigation by the commission, shall at all times, upon request, furnish to the public utilities commission all information that it may require respecting any of the matters concerning which it is given power to investigate, and shall permit the examination of its books, records, contracts, maps, and other documents by the commission, or any of its members, or any person authorized by it in writing to make such examination, and shall furnish the commission with a complete inventory of its property in such form as the commission may direct. [L 1913, c 89, §6; RL 1925, §2194; RL 1935, §7946; RL 1945, §4707; RL 1955, §104-7; HRS §269-8; am L 1991, c 57, §6]
2023 Hawaii Revised Statutes › Title 15. Transportation and Utilities › 269. Public Utilities Commission › 269-9 Report accidents.

§269-9 Report accidents.
Every public utility shall report to the public utilities commission all accidents caused by or occurring in connection with its operations and service, and the commission shall investigate the causes of any accident which results in loss of life, and may investigate any other accidents which in its opinion require investigation. [L 1913, c 89, §7; RL 1925, §2195; RL 1935, §7947; RL 1945, §4708; RL 1955, §104-8; HRS §269-9]
2023 Hawaii Revised Statutes › Title 15. Transportation and Utilities › 269. Public Utilities Commission › 269-10 Commission may compel attendance of witnesses, etc.

§269-10 Commission may compel attendance of witnesses, etc.
In all investigations made by the public utilities commission, and in all proceedings before it, the commission and each commissioner shall have the same powers respecting administering oaths, compelling the attendance of witnesses and the production of documentary evidence, examining witnesses, and punishing for contempt, as are possessed by circuit courts. In case of disobedience by any person to any order of the commission or of any commissioner, or any subpoena issued by it or the commissioner, or of the refusal of any witness to testify to any matter regarding which the witness may be questioned lawfully, any circuit court, on application by the commission or a commissioner, shall compel obedience as in case of disobedience of the requirements of a subpoena issued from a circuit court or a refusal to testify therein. No person shall be excused from testifying or from producing any book, waybill, document, paper, or account in any investigation or inquiry by a hearing before the commission or any commissioner, when ordered to do so, upon the ground that the testimony or evidence, book, waybill, document, paper, or account required of the person may tend to incriminate the person or subject the person to penalty or forfeiture; but no person shall be prosecuted for any crime, punished for any crime, or subjected to any criminal penalty or criminal forfeiture for or on account of any act, transaction, matter, or thing concerning which the person shall under oath have testified or produced documentary evidence. Nothing herein shall be construed as in any manner giving to any public utility or any person immunity of any kind. The fees and traveling expenses of witnesses shall be the same as allowed witnesses in the circuit courts and shall be paid by the State out of any appropriation available for the expenses of the commission. All meetings and hearings of the commission shall be public. [L 1913, c 89, §8; RL 1925, §2196; am L 1933, c 169, §1; RL 1935, §7948; RL 1945, §4709; RL 1955, §104-9; HRS §269-10; am L 1973, c 149, §1(a); gen ch 1985; am L 1991, c 57, §7]
2023 Hawaii Revised Statutes › Title 15. Transportation and Utilities › 269. Public Utilities Commission › 269-12 Notices.

§269-12 Notices.
(a) Whenever an investigation is undertaken by the public utilities commission, reasonable notice in writing of such fact and of the subject or subjects to be investigated shall be given to the public utility or the person concerned, and when based upon complaints made to it as prescribed in section 269-7, a copy of the complaint, and a notice in writing of the date and place fixed by the commission for beginning the investigation, shall be served upon the public utility or the person concerned, or other respondent and the complainant not less than two weeks before the date designated for the hearing.
(b) Any notice provided pursuant to section 269-16(b), shall plainly state the rate, fare, charge, classification, schedule, rule, or practice proposed to be established, abandoned, modified, or departed from and the proposed effective date thereof and shall be given by filing the notice with the commission and keeping it open for public inspection.
(c) Any public hearing held pursuant to section 269-16(b), shall be a noticed public hearing or hearings on the island or islands on which the utility provides utility services. Notice of the hearing, with the purpose thereof and the date, time, and place at which it will open, shall be given not less than once in each of three weeks in the county or counties in which the utility provides utility service, the first notice being not less than twenty-one days before the public hearing and the last notice being not more than two days before the scheduled hearing. The applicant or applicants shall notify their consumers or patrons of the proposed change in rates and of the time and place of the public hearing not less than one week before the date set, the manner and the fact of notification to be reported to the commission before the date of hearing. [L 1913, c 89, §10; RL 1925, §2198; RL 1935, §7950; RL 1945, §4711; RL 1955, §104-11; HRS §269-12; am L 1983, c 98, §1; am L 1991, c 57, §8; am L 1998, c 2, §81; am L 2009, c 29, §2]
2023 Hawaii Revised Statutes › Title 15. Transportation and Utilities › 269. Public Utilities Commission › 269-13 Right to be represented by counsel.

§269-13 Right to be represented by counsel.
At any investigation by or proceeding before the public utilities commission the public utility or the person concerned, or other respondent or party and any complainant or permitted intervenor shall have the right to be present and represented by counsel, to present any evidence desired, and to cross-examine any witness who may be called. [L 1913, c 89, §11; RL 1925, §2199; RL 1935, §7951; RL 1945, §4712; RL 1955, §104-12; HRS §269-13; am L 1973, c 149, §1(b); am L 1991, c 57, §9]
Case Notes
Intervention as party is a matter within sound discretion of the commission. 56 H. 260, 535 P.2d 1102 (1975).
2023 Hawaii Revised Statutes › Title 15. Transportation and Utilities › 269. Public Utilities Commission › 269-14.5 Appointment of receiver for public utilities.

§269-14.5 Appointment of receiver for public utilities.
(a) Whenever the commission finds that a regulated water utility or regulated sewer utility is failing, or that there is an imminent threat of the utility failing, to provide adequate and reasonable service to its customers, and that the failure is a serious and imminent threat to health, safety, and welfare, the commission may appoint a receiver to take any temporary action necessary to assure continued service or to bring the service up to appropriate regulatory standards. The commission may also appoint a receiver to take any temporary action necessary to assure continued service if, after notice and hearing, the commission finds that any water or sewer utility regulated under this chapter consistently fails to provide adequate and reasonable service. In carrying out its responsibilities, the receiver and any additional outside legal counsel, consultants, or staff the commission or receiver may deem necessary under the circumstances, shall have the authority to gain access to all of the utility company assets and records and to manage those assets in a manner that will restore or maintain an acceptable level of service to customers. The receiver shall be authorized to expend existing utility company revenues for labor and materials and to commit additional resources as are essential to providing an acceptable level of service. These expenditures shall be funded in accordance with generally accepted ratemaking practices. Any costs incurred by the commission, its staff, or the appointed receiver under this section shall be the responsibility of the utility in receivership or its ratepayers. Control of and responsibility for the utility shall remain with the receiver until the utility can be returned to the original owners, transferred to new owners, or liquidated as the commission determines to be in the public interest.
(b) If the commission determines that the utility's action or inaction that caused it to be placed under the control and responsibility of a receiver under this section was due to intentional misappropriation or wrongful diversion of the assets or income of the utility or to other wilful misconduct by any director, officer, or manager of the utility, it may require such director, officer, or manager to make restitution to the utility. [L 2009, c 74, §2]
2023 Hawaii Revised Statutes › Title 15. Transportation and Utilities › 269. Public Utilities Commission › 269-15.5 Appeals.

§269-15.5 Appeals.
Except as otherwise provided in this chapter, an appeal from an order of the public utilities commission under this chapter shall lie, subject to chapter 602, in the manner provided for civil appeals from the circuit courts. Only a person aggrieved in a contested case proceeding provided for in this chapter may appeal from the order, if the order is final, or if preliminary, is of the nature defined by section 91-14(a). The commission may elect to be a party to all matters from which an order of the commission is appealed, and the commission may file appropriate responsive briefs or pleadings in the appeal; provided that where there was no adverse party in the case below, or in cases where there is no adverse party to the appeal, the commission shall be a party to all matters in which an order of the commission is appealed and shall file the appropriate responsive briefs or pleadings in defending all such orders. The appearance of the commission as a party in appellate proceedings in no way limits the participation of persons otherwise qualified to be parties on appeal. The appeal shall not of itself stay the operation of the order appealed from, but the appellate court may stay the order after a hearing upon a motion therefor and may impose conditions it deems proper, including but not limited to requiring a bond, requiring that accounts be kept, or requiring that other measures be taken as ordered to secure restitution of the excess charges, if any, made during the pendency of the appeal, in case the order appealed from is sustained, reversed, or modified in whole or in part. [L 1998, c 195, §1; am L 2004, c 202, §28; am L 2006, c 94, §1; am L 2010, c 109, §1; am L 2016, c 48, § §9, 14; am L 2019, c 213, §1]
Cross References
Contested cases, see §269-15.51.
Rules of Court
Appeals, see Hawaii Rules of Appellate Procedure; stay pending appeal, see HRAP rule 8.
Case Notes
Where a hearing on a petition for a declaratory order before the public utilities commission was discretionary and not required by law, the dismissal order was not a contested case under §91-1(5); therefore, because a direct appeal to the intermediate appellate court (ICA) under §91-14(b) and this section only applied to contested cases, appellant power company was not entitled to appeal the dismissal order directly to the ICA; thus, the ICA lacked jurisdiction over appellant's appeal. 126 H. 242 (App.), 269 P.3d 777 (2012).
2023 Hawaii Revised Statutes › Title 15. Transportation and Utilities › 269. Public Utilities Commission › 269-15.51 Contested cases.

§269-15.51 Contested cases.
(a) Chapter 91 shall apply to every contested case arising under this chapter except where chapter 91 conflicts with this chapter, in which case this chapter shall apply. Any other law to the contrary notwithstanding, including chapter 91, any contested case under this chapter shall be appealed from a final decision and order or a preliminary ruling that is of the nature defined by section 91-14(a) upon the record directly to the supreme court for final decision. Only a person aggrieved in a contested case proceeding provided for in this chapter may appeal from the final decision and order or preliminary ruling. For the purposes of this section, the term "person aggrieved" includes an agency that is a party to a contested case proceeding before that agency or another agency.
(b) The court shall give priority to contested case appeals of significant statewide importance over all other civil or administrative appeals or matters and shall decide these appeals as expeditiously as possible. [L 2016, c 48, § §4, 14; am L 2019, c 213, §1]
Cross References
Appeals, see §269-15.5.
2023 Hawaii Revised Statutes › Title 15. Transportation and Utilities › 269. Public Utilities Commission › 269-16.1 Performance incentive and penalty mechanisms.

§269-16.1 Performance incentive and penalty mechanisms.
(a) On or before January 1, 2020, the public utilities commission shall establish performance incentives and penalty mechanisms that directly tie an electric [utility's] revenues to that utility's achievement on performance metrics and break the direct link between allowed revenues and investment levels. The performance incentives and penalty mechanisms, as may be amended by the public utilities commission from time to time, shall apply to the regulation of electric utility rates under section 269-16.
(b) In developing performance incentive and penalty mechanisms, the public utilities commission's review of electric utility performance shall consider, but not be limited to, the following:
(1) The economic incentives and cost-recovery mechanisms described in section 269-6(e);
(2) Volatility and affordability of electric rates and customer electric bills;
(3) Electric service reliability;
(4) Customer engagement and satisfaction, including customer options for managing electricity costs;
(5) Access to utility system information, including but not limited to public access to electric system planning data and aggregated customer energy use data and individual access to granular information about an individual customer's own energy use data;
(6) Rapid integration of renewable energy sources, including quality interconnection of customer-sited resources; and
(7) Timely execution of competitive procurement, third-party interconnection, and other business processes.
(c) This section shall not apply to a member-owned cooperative electric utility. [L 2018, c 5, §3; am L 2021, c 82, §2]
2023 Hawaii Revised Statutes › Title 15. Transportation and Utilities › 269. Public Utilities Commission › 269-16.2 Approval of rules of a public utility. Any rules, guidelines, or other standards of a public utility which interpret federal or state laws governing nonutility generators, or which make a nonutility generator monetarily responsible for the public utility's costs and profits of doing business as a public utility, shall be approved by the public utilities commission before adoption. As used in this section, a "nonutility generator" means a person that produces electric power but is not a public utility. [L 1994, c 176, §2]

§269-16.2
Approval of rules of a public utility.
Any rules, guidelines, or other standards of a public utility which interpret federal or state laws governing nonutility generators, or which make a nonutility generator monetarily responsible for the public utility's costs and profits of doing business as a public utility, shall be approved by the public utilities commission before adoption. As used in this section, a "nonutility generator" means a person that produces electric power but is not a public utility. [L 1994, c 176, §2]
2023 Hawaii Revised Statutes › Title 15. Transportation and Utilities › 269. Public Utilities Commission › 269-16.22 Power purchase agreements; cost recovery for electric utilities.

§269-16.22 Power purchase agreements; cost recovery for electric utilities.
All power purchase costs, including costs related to capacity, operations and maintenance, and other costs that are incurred by an electric utility company, arising out of power purchase agreements that have been approved by the public utilities commission and are binding obligations on the electric utility company, shall be allowed to be recovered by the utility from the customer base of the electric utility company through one or more adjustable surcharges, which shall be established by the public utilities commission. The costs shall be allowed to be recovered if incurred as a result of such agreements unless, after review by the public utilities commission, any such costs are determined by the commission to have been incurred in bad faith, out of waste, out of an abuse of discretion, or in violation of law. For purposes of this section, an "electric utility company" means a public utility as defined under section 269-1, for the production, conveyance, transmission, delivery, or furnishing of electric power. [L 2012, c 55, §2]
2023 Hawaii Revised Statutes › Title 15. Transportation and Utilities › 269. Public Utilities Commission › 269-16.4 Annual fuel mix disclosure.

§269-16.4 Annual fuel mix disclosure.
(a) Beginning June 1, 2004, and every June 1 thereafter, each retail supplier of electricity shall disclose fuel mix information by generation category to its existing and new retail electricity customers for the prior calendar year.
(b) Beginning June 1, 2004, and every June 1 thereafter, each retail supplier of electricity shall state the average retail price of electricity (per kilowatt-hour) for each rate class of service for the prior calendar year. The average retail price of electricity for each rate class of service shall be determined by dividing the total electric revenues for each rate class of service by the total kilowatt-hours sold to each respective rate class.
(c) The disclosure required by this section shall be:
(1) Printed either on the customer's bill or as a bill insert; provided that this disclosure requirement shall not result in increased costs to ratepayers; and
(2) Posted and updated on the supplier's internet website, if any.
(d) As used in this section, the term "fuel mix" means the electricity sold to retail electricity customers expressed in terms of percentage contribution by generation category. The total fuel mix included in each disclosure shall total one hundred per cent. [L 2003, c 147, §2]
2023 Hawaii Revised Statutes › Title 15. Transportation and Utilities › 269. Public Utilities Commission › 269-16.5 Lifeline telephone rates.

§269-16.5 Lifeline telephone rates.
(a) The public utilities commission shall implement a program to achieve lifeline telephone rates for residential telephone users.
(b) "Lifeline telephone rate" means a discounted rate for residential telephone users identified as elders with limited income and the handicapped with limited income as designated by the commission.
(c) The commission shall require every telephone public utility providing local telephone service to file a schedule of rates and charges providing a rate for lifeline telephone subscribers.
(d) Nothing in this section shall preclude the commission from changing any rate established pursuant to subsection (a) either specifically or pursuant to any general restructuring of all telephone rates, charges, and classifications. [L 1986, c 116, §3; am L 1990, c 67, §8]