reglab/statecodes huggingface dataset:
2023 Hawaii Revised Statutes › Title 15. Transportation and Utilities › 269. Public Utilities Commission › 269-39 Cross-subsidies.

§269-39
Cross-subsidies.
(a) The commission shall ensure that noncompetitive services shall not cross-subsidize competitive services. Cross-subsidization shall be deemed to have occurred:
(1) If any competitive service is priced below the total service long-run incremental cost of providing the service as determined by the commission in subsection (b); or
(2) If competitive services, taken as a whole, fail to cover their direct and allocated joint and common costs as determined by the commission.
(b) The commission shall determine the methodology and frequency with which providers calculate total service long-run incremental cost and fully allocated joint and common costs. The total service long-run incremental cost of a service shall include an imputation of an amount equal to the contribution that the telecommunications carrier receives from noncompetitive inputs used by alternative providers in providing the same or equivalent service. [L 1995, c 225, pt of §2]
2023 Hawaii Revised Statutes › Title 15. Transportation and Utilities › 269. Public Utilities Commission › 269-40 Access to advanced services.

§269-40
Access to advanced services.
The commission shall ensure that all consumers are provided with nondiscriminatory, reasonable, and equitable access to high quality telecommunications network facilities and capabilities that provide subscribers with sufficient network capacity to access information services that provide a combination of voice, data, image, and video. [L 1995, c 225, pt of §2; am L 2019, c 229, §5]
2023 Hawaii Revised Statutes › Title 15. Transportation and Utilities › 269. Public Utilities Commission › 269-41 Universal service program; establishment; purpose; principles.

§269-41
Universal service program; establishment; purpose; principles.
There is established the universal service program. The purpose of this program is to:
(1) Maintain affordable, just, and reasonable rates for basic residential telecommunications service, as defined by the commission;
(2) Assist customers located in the areas of the State that have high costs of essential telecommunications service, low-income customers, and customers with disabilities, in obtaining and maintaining access to a basic set of essential telecommunications services as determined by the commission. The commission may expand or otherwise modify relevant programs, such as the lifeline program under section 269-16.5;
(3) Ensure that consumers in all communities are provided with access, at reasonably comparable rates, to all telecommunications services which are used by a majority of consumers located in metropolitan areas of the State. The commission shall provide for a reasonable transition period to support the statewide deployment of these advanced telecommunications services, including, but not limited to, the use of strategic community access points in public facilities such as education, library, and health care facilities;
(4) Ensure that consumers are given the information necessary to make informed choices among the alternative telecommunications carriers and services; and
(5) Promote affordable access throughout the State to enhanced government information and services, including education, health care, public safety, and other government services.
The commission shall administer the universal service program, including the establishment of criteria by which the purposes of the program are met. [L 1995, c 225, pt of §2]
2023 Hawaii Revised Statutes › Title 15. Transportation and Utilities › 269. Public Utilities Commission › 269-42 Universal service program; contributions.

§269-42
Universal service program; contributions.
(a) There is established outside of the state treasury a special fund to be known as the universal service fund to be administered by the commission to implement the policies and goals of universal service. The fund shall consist of contributions from the sources identified in subsections (e) and (f). Interest earned from the balance of the fund shall become a part of the fund. The commission shall adopt rules regarding the distribution of moneys from the fund including reimbursements to carriers for providing reduced rates to low-income, elderly, residents of underserved or rural areas, or other subscribers, as authorized by the commission.
(b) The commission may allow distribution of funds directly to customers based upon a need criteria established by the commission.
(c) A telecommunications carrier or other person contributing to the universal service program may establish a surcharge which is clearly identified and explained on customers' bills to collect from customers contributions required under this section.
(d) Telecommunications carriers may compete to provide services to underserved areas using funds from the universal service program. For the purposes of this section, "underserved areas" means those areas in the State that lack or have very limited access to high capacity, advanced telecommunications networks and information services, including access to cable television.
(e) The commission shall require all telecommunications carriers to contribute to the universal service program. The commission may require a person other than a telecommunications carrier to contribute to the universal service program if, after notice and opportunity for hearing, the commission determines that the person is offering a commercial service in the State that directly benefits from the telecommunications infrastructure, and that directly competes with a telecommunications service provided in the State for which a contribution is required under this subsection.
(f) The commission shall designate the method by which the contributions under subsection (e) shall be calculated and collected. The commission shall consider basing contributions solely on the gross operating revenues from the retail provision of intrastate telecommunications services offered by the telecommunications carriers subject to the contribution. [L 1995, c 225, pt of §2; am L 1999, c 135, §3]
2023 Hawaii Revised Statutes › Title 15. Transportation and Utilities › 269. Public Utilities Commission › 269-43 Carriers of last resort.

§269-43
Carriers of last resort.
(a) The commission may define and designate local exchange service areas where the commission has determined that providing universal service funds to a single provider will be the most appropriate way to ensure service for these areas.
(b) The commission shall determine the level of service that is appropriate for each designated local exchange service area and shall invite telecommunications providers to bid for a level of service that is appropriate. The successful bidder shall be designated the carrier of last resort for the designated local exchange service area for a period of time and upon conditions set by the commission. In determining the successful bidder, the commission shall take into consideration the level of service to be provided, the investment commitment, and the length of the agreement, in addition to the other qualifications of the bidder.
(c) The universal service fund shall also provide service drops and basic service at discounted rates to public institutions, as stated in section 269-41.
(d) The commission shall adopt rules pursuant to chapter 91 to carry out the provisions of this section. [L 1995, c 225, pt of §2]
2023 Hawaii Revised Statutes › Title 15. Transportation and Utilities › 269. Public Utilities Commission › 269-44 Solar water heater system standards.

§269-44 Solar water heater system standards.
Not later than July 1, 2009, or as soon as reasonably practicable, the public utilities commission shall adopt or establish by rule, tariff, or order, standards for solar water heater systems to include, but not be limited to, specifications for the performance, materials, components, durability, longevity, proper sizing, installation, and quality to promote the objectives of section 269-124. [L 2008, c 204, §3]
Cross References
Systems required for new single-family residential construction, see §196-6.5.
2023 Hawaii Revised Statutes › Title 15. Transportation and Utilities › 269. Public Utilities Commission › 269-45 Gas utility companies; renewable energy; reporting requirements.

§269-45 Gas utility companies; renewable energy; reporting requirements.
(a) Each gas utility company shall submit an annual report to the public utilities commission on or before March 31 of each year that shall include but not be limited to the following information:
(1) The percentage of total feedstock used to produce natural gas, biogas, biofuels, or biofeedstocks for use in the State that is comprised of petroleum feedstock;
(2) The percentage of total feedstock used to produce natural gas, biogas, biofuels, or biofeedstocks for use by the gas utility in the State that is comprised of non-petroleum feedstock;
(3) The energy quantity in therms of natural gas, biogas, or gallons of biofuels, or biofeedstocks produced from petroleum feedstock for use by the gas utility within the State; and
(4) The energy quantity in therms of natural gas, biogas, or gallons of biofuels, or biofeedstocks produced from non-petroleum feedstock energy for use by the gas utility in the State.
Within thirty days of receipt of the report, the public utilities commission shall submit the information required by paragraphs (1) and (2) to the legislature. Due to the proprietary nature of the information required by paragraphs (3) and (4), that information shall be held in confidence by the commission; provided that any information obtained by the commission under this section, including confidential information, shall be made available to the department of business, economic development, and tourism or its authorized representative, which shall safeguard the confidentiality of that information. The department, with its own staff and other support staff with relevant expertise and experience, shall use the information obtained under this section to effectuate the purposes and intent of chapters 125C, 196, and other relevant laws. The first report required by this section shall be for the year 2011 and shall be submitted no later than March 31, 2012.
(b) For the purposes of this section:
"Department" means the department of business, economic development, and tourism.
"Feedstock" means a material that is converted, consumed, or blended to produce an end use product.
"Non-petroleum feedstock" includes but is not limited to plant and animal fats and oils, algae and algae products, other organic material, organic waste, municipal solid waste, waste water, or sewage.
"Total feedstock" means petroleum and non-petroleum feedstock combined. [L 2010, c 30, §2]
2023 Hawaii Revised Statutes › Title 15. Transportation and Utilities › 269. Public Utilities Commission › 269-46 Microgrids.

§269-46 Microgrids.
(a) By July 1, 2018, the public utilities commission shall open a proceeding to establish a microgrid services tariff.
(b) Any person or entity may own or operate an eligible microgrid project or projects; provided that the person or entity complies with all applicable statutes, rules, tariffs, and orders governing the ownership and interconnection of the project or projects.
(c) As used in this section:
"Microgrid project" means a group of interconnected loads and distributed energy resources within clearly defined electrical boundaries that acts as a single controllable entity with respect to the utility's electrical grid and can connect to a public utility's electrical grid to operate in grid-connected mode and can disconnect from the grid to operate in island mode, and that:
(1) Is subject to a microgrid services tariff; and
(2) Generates or produces energy.
"Microgrid services tariff" means a tariff approved by the public utilities commission that:
(1) Is designed to provide fair compensation for electricity, electric grid services, and other benefits provided to, or by, the electric utility, the person or entity operating the microgrid, and other ratepayers;
(2) To the extent possible, standardizes and streamlines the related interconnection processes for microgrid projects; and
(3) Does not apply to a municipal utility cooperative. [L 2018, c 200, §2]
Note
Natural energy laboratory of Hawaii may be designated as the first microgrid demonstration project. L 2018, c 200, §4.
2023 Hawaii Revised Statutes › Title 15. Transportation and Utilities › 269. Public Utilities Commission › 269-47 Electric power systems data access and transparency; principles.

§269-47 Electric power systems data access and transparency; principles.
(a) The commission, in carrying out its responsibilities under this chapter, shall consider the value of improving electric power systems data access and transparency within the State in order to empower ratepayers, improve decision-making related to reliability and operational efficiency of the electric system, maximize the value of grid modernization technologies and investments, and promote innovation and economic development opportunities related to electric power systems data analysis.
(b) In advancing the public interest, the commission shall balance consumer privacy, critical infrastructure security, grid modernization, and economic innovation considerations associated with electric power systems data access and transparency, including but not limited to the following principles:
(1) Enabling ratepayers to access their energy consumption and production data;
(2) Enabling ratepayers to authorize third-party data access, and allow verification of third-party authorization through electronic signature;
(3) Increasing the amount of publicly-available data related to utility generation, transmission, and distribution systems, as well as non-utility data from third parties that provide generation or non-wire alternatives to individual customers or the grid; and
(4) Ensuring that electric power systems data is made available through simple, electronic, consistent, machine-readable formats with temporal and geographic granularity. [L 2019, c 239, §1]
2023 Hawaii Revised Statutes › Title 15. Transportation and Utilities › 269. Public Utilities Commission › 269-48 Coal power purchase agreements; prohibited.

§269-48 Coal power purchase agreements; prohibited.
Beginning after June 30, 2020, the public utilities commission shall not approve:
(1) Any new or renewed power purchase agreement that proposes to burn or consume coal to generate electricity; or
(2) A modification of a coal power purchase agreement that proposes to extend the term or increase the amount of generation that is allowed to be produced under the existing agreement. [L 2020, c 23, §2]
Cross References
Use of coal for electricity generation, see §342B-36.
2023 Hawaii Revised Statutes › Title 15. Transportation and Utilities › 269. Public Utilities Commission › 269-51 Consumer advocate; executive director of the division of consumer advocacy.

§269-51 Consumer advocate; executive director of the division of consumer advocacy.
[(a)] The executive director of the division of consumer advocacy shall be the consumer advocate in hearings before the public utilities commission. The consumer advocate shall represent, protect, and advance the interests of all consumers, including small businesses, of utility services.
[(b)] The responsibility of the consumer advocate for advocating the interests of the consumer of utility services shall be separate and distinct from the responsibilities of the public utilities commission and those assistants employed by the commission. The consumer advocate shall have full rights to participate as a party in interest in all proceedings before the public utilities commission. [L 1976, c 124, pt of §1; am L 1982, c 204, §6; am L 1986, c 52, §1; am L 2014, c 108, §8]
2023 Hawaii Revised Statutes › Title 15. Transportation and Utilities › 269. Public Utilities Commission › 269-52 Division of consumer advocacy; personnel.

§269-52
Division of consumer advocacy; personnel.
There shall be a division of consumer advocacy within the department of commerce and consumer affairs. The director of commerce and consumer affairs may appoint an executive director, who shall be exempt from chapter 76, and fix the executive director's compensation. The executive director shall supervise and control the operations and personnel of the division. The executive director shall be responsible for the performance of the duties imposed upon the division and shall be the consumer advocate as specified in section 269-51. The executive director may employ engineers, accountants, investigators, clerks, and stenographers as may be necessary for the performance of the consumer advocate's functions, in accordance with chapter 76; provided that:
(1) The executive director may employ up to ten utility analysts exempt from chapter 76; and
(2) Each analyst shall possess at least the minimum qualifications required of comparable experts in the relevant industry. [L 1976, c 124, pt of §1; am L 1982, c 69, §2 and c 204, §7; am L 1994, c 191, §1; am L 1995, c 196, §1; am L 2000, c 253, §150; am L 2007, c 183, §3; am L 2014, c 108, §9]
Note
Restructuring of division, etc. L 2007, c 183, § §1, 2.
2023 Hawaii Revised Statutes › Title 15. Transportation and Utilities › 269. Public Utilities Commission › 269-53 Legal counsel.

§269-53 Legal counsel.
The executive director of the division of consumer advocacy may appoint or retain, without regard to chapter 76, attorneys to provide legal services for the division of consumer advocacy. Nothing in this section precludes the director of commerce and consumer affairs or the executive director of the division of consumer advocacy from requesting and securing legal services from the attorney general and the department of the attorney general. [L 1976, c 124, pt of §1; gen ch 1985; am L 1986, c 52, §2; am L 2000, c 272, §2 and c 253, §150; am L 2014, c 108, §10]
2023 Hawaii Revised Statutes › Title 15. Transportation and Utilities › 269. Public Utilities Commission › 269-55 Handling of complaints.

§269-55 Handling of complaints.
The consumer advocate shall counsel utility customers in the handling of consumer complaints before the public utilities commission. The public utilities commission shall provide a central clearinghouse of information by collecting and compiling all consumer complaints and inquiries concerning public utilities. [L 1976, c 124, pt of §1; am L 2000, c 217, §1]
2023 Hawaii Revised Statutes › Title 15. Transportation and Utilities › 269. Public Utilities Commission › 269-71 Meter tampering.

§269-71 Meter tampering.
Any person who, without permission or authorization from a utility tampers with, damages, destroys, removes, connects, causes to connect, disconnects, or causes to be disconnected or bypassed any wire, cable, conductor, gas pipe, billing or collection equipment, or device on any meter, line, conduit, property, or facilities of a utility for the purpose of using unmetered services, in addition to any other penalty authorized by law, shall be liable to the utility for treble the amount of the value of the utility services used and the damages or loss of any equipment, property, or facilities of a utility. [L 1982, c 94, §1]
Cross References
Criminal tampering of a utility, see § §708-825 and 708-826.
Theft of utility services, see §708-839.5.
2023 Hawaii Revised Statutes › Title 15. Transportation and Utilities › 269. Public Utilities Commission › 269-73 Electric vehicle charging system; rebate program; administrator; establishment.

§269-73 Electric vehicle charging system; rebate program; administrator; establishment.
(a) The public utilities commission may contract with a third-party administrator to operate and manage any programs established under section 269-72. The administrator shall not be deemed to be a "governmental body" as defined in section 103D-104; provided that all moneys transferred to the third-party administrator shall have been appropriated by the legislature or shall be from funds provided by the federal government or private funding sources. The administrator shall not expend more than fifteen per cent of the amounts appropriated for the rebate program or other reasonable percentage determined by the public utilities commission for administration of the programs established under section 269-72; provided that program administration expenses may include marketing and outreach expenses to increase program participation, if needed; provided further that not more than ten per cent of the amounts appropriated for the rebate program may be expended on non-marketing and outreach programs or administration of the program.
(b) The electric vehicle charging system rebate program administrator shall be subject to regulation by the public utilities commission under any provision applicable to a public utility in sections 269-7, 269-8, 269-8.2, 269-8.5, 269-9, 269-10, 269-13, 269-15, 269-19.5, and 269-28, and shall report to the public utilities commission on a regular basis. Notwithstanding any other provision of law to the contrary, the electric vehicle charging system rebate program administrator shall not be an electric public utility or an electric public utility affiliate. [L 2019, c 142, pt of §2; am L 2022, c 202, §3]
2023 Hawaii Revised Statutes › Title 15. Transportation and Utilities › 269. Public Utilities Commission › 269-91 Definitions.

Law Journals and Reviews
A Tale of Two Solar Installations: How Electricity Regulations Impact Distributed Generation. 38 UH L. Rev. 135 (2016).
§269-91 Definitions.
For the purposes of this [part]:
"Biofuels" means liquid or gaseous fuels produced from organic sources such as biomass crops, agricultural residues and oil crops, such as palm oil, canola oil, soybean oil, waste cooking oil, grease, and food wastes, animal residues and wastes, and sewage and landfill wastes.
"Cost-effective" means the ability to produce or purchase electric energy or firm capacity, or both, from renewable energy resources at or below avoided costs or as the commission otherwise determines to be just and reasonable consistent with the methodology set by the public utilities commission in accordance with section 269-27.2.
"Electric utility company" means a public utility as defined under section 269-1, for the production, conveyance, transmission, delivery, or furnishing of power.
"Renewable electrical energy" means:
(1) Electrical energy generated using renewable energy as the source, and beginning January 1, 2015, includes customer-sited, grid-connected renewable energy generation; and
(2) Electrical energy savings brought about by:
(A) The use of renewable displacement or off-set technologies, including solar water heating, sea-water
air-conditioning district cooling systems, solar air-conditioning, and customer-sited, grid-connected renewable energy systems; provided that, beginning January 1, 2015, electrical energy savings shall not include customer-sited, grid-connected renewable-energy systems; or
(B) The use of energy efficiency technologies, including heat pump water heating, ice storage, ratepayer-funded energy efficiency programs, and use of rejected heat from co-generation and combined heat and power systems, excluding fossil-fueled qualifying facilities that sell electricity to electric utility companies and central station power projects.
"Renewable energy" means energy generated or produced using the following sources:
(1) Wind;
(2) The sun;
(3) Falling water;
(4) Biogas, including landfill and sewage-based digester gas;
(5) Geothermal;
(6) Ocean water, currents, and waves, including ocean thermal energy conversion;
(7) Biomass, including biomass crops, agricultural and animal residues and wastes, and municipal solid waste and other solid waste;
(8) Biofuels; and
(9) Hydrogen produced from renewable energy sources.
"Renewable portfolio standard" means the percentage of electrical energy generation that is represented by renewable electrical energy, excluding customer-sited, grid connected generation that does not produce renewable energy. [L 2001, c 272, §2; am L 2004, c 95, §4; am L 2006, c 162, §4; am L 2009, c 50, §3 and c 155, §2; am L 2011, c 10, §1; am L 2022, c 240, §3]
2023 Hawaii Revised Statutes › Title 15. Transportation and Utilities › 269. Public Utilities Commission › 269-93 Achieving portfolio standard.

§269-93 Achieving portfolio standard.
(a) An electric utility company and its electric utility affiliates may aggregate their renewable portfolios to achieve the renewable portfolio standard.
(b) If an electric utility company and its electric utility affiliates aggregate their renewable portfolios to achieve the renewable portfolio standard, the public utilities commission may distribute, apportion, or allocate the costs and expenses of all or any portion of the respective renewable portfolios among the electric utility company, its electric utility affiliates, and their respective ratepayers, as is reasonable under the circumstances.
(c) An electric utility company may recover, through an automatic rate adjustment clause, the electric utility company's revenue requirement resulting from the distribution, apportionment, or allocation of the costs and expenses of the renewable portfolios of the electric utility company and its electric utility affiliates.
(d) To provide for timely recovery of the revenue requirement under subsection (c), the commission may establish a separate automatic rate adjustment clause, or approve the use of a previously approved automatic rate adjustment clause, without a rate case filing. The use of the automatic rate adjustment clause to recover the revenue requirement shall be allowed to continue until the revenue requirement is incorporated in rates in the respective electric utility company's rate case. [L 2001, c 272, §4; am L 2011, c 69, §4]
2023 Hawaii Revised Statutes › Title 15. Transportation and Utilities › 269. Public Utilities Commission › 269-94 Waivers, extensions, and incentives.

§269-94 Waivers, extensions, and incentives.
Any electric utility company not meeting the renewable portfolio standard shall report to the public utilities commission within ninety days following the goal dates established in section [269-92], and provide an explanation for not meeting the renewable portfolio standard. The public utilities commission shall have the option to either grant a waiver from the renewable portfolio standard or an extension for meeting the prescribed standard.
The public utilities commission may provide incentives to encourage electric utility companies to exceed their renewable portfolio standards or to meet their renewable portfolio standards ahead of time, or both. [L 2001, c 272, §5]
2023 Hawaii Revised Statutes › Title 15. Transportation and Utilities › 269. Public Utilities Commission › 269-96 Energy-efficiency portfolio standards.

§269-96 Energy-efficiency portfolio standards.
(a) The public utilities commission shall establish energy-efficiency portfolio standards that will maximize cost-effective energy-efficiency programs and technologies.
(b) The energy-efficiency portfolio standards shall be designed to achieve four thousand three hundred gigawatt hours of electricity use reductions statewide by 2030; provided that the commission shall establish interim goals for electricity use reduction to be achieved by 2015, 2020, and 2025 and may also adjust the 2030 standard by rule or order to maximize cost-effective energy-efficiency programs and technologies.
(c) The commission may establish incentives and penalties based on performance in achieving the energy-efficiency portfolio standards by rule or order.
(d) The public utilities commission shall evaluate the energy-efficiency portfolio standard every five years, beginning in 2013, and may revise the standard, based on the best information available at the time, to determine if the energy-efficiency portfolio standard established by this section remains effective and achievable. The commission shall report its findings and revisions to the energy-efficiency portfolio standard, based on its own studies and other information, to the legislature no later than twenty days before the convening of the regular session of 2014, and every five years thereafter.
(e) Beginning in 2015, electric energy savings brought about by the use of renewable displacement or off-set technologies, including solar water heating and sea-water air-conditioning district cooling systems, shall count toward this standard. [L 2009, c 155, pt of §11]
2023 Hawaii Revised Statutes › Title 15. Transportation and Utilities › 269. Public Utilities Commission › 269-97 Annual report; electric utility company

§269-97 Annual report; electric utility company
. Each electric utility company shall track and report to the public utilities commission, on an annual basis, data and trends regarding customer retention or attrition at a time and in a manner as prescribed by the commission. [L 2022, c 240, §2]
2023 Hawaii Revised Statutes › Title 15. Transportation and Utilities › 269. Public Utilities Commission › 269-101 Definitions.

Law Journals and Reviews
A Tale of Two Solar Installations: How Electricity Regulations Impact Distributed Generation. 38 UH L. Rev. 135 (2016).
§269-101 Definitions.
As used in this part:
"Eligible customer-generator" means a metered residential or commercial customer, including a government entity, of an electric utility who owns and operates a solar, wind turbine, biomass, or hydroelectric energy generating facility, or a hybrid system consisting of two or more of these facilities, that is:
(1) Located on the customer's premises;
(2) Operated in parallel with the utility's transmission and distribution facilities;
(3) In conformance with the utility's interconnection requirements; and
(4) Intended primarily to offset part or all of the customer's own electrical requirements.
"Net energy metering" means measuring the difference between the electricity supplied through the electric grid and the electricity generated by an eligible customer-generator and fed back to the electric grid over a monthly billing period; provided that:
(1) Net energy metering shall be accomplished using a single meter capable of registering the flow of electricity in two directions;
(2) An additional meter or meters to monitor the flow of electricity in each direction may be installed with the consent of the customer-generator, at the expense of the electric utility, and the additional metering shall be used only to provide the information necessary to accurately bill or credit the customer-generator, or to collect solar, wind turbine, biomass, or hydroelectric energy generating system performance information for research purposes;
(3) If the existing electrical meter of an eligible customer-generator is not capable of measuring the flow of electricity in two directions, the electric utility shall be responsible for all expenses involved in purchasing and installing a meter that is able to measure electricity flow in two directions;
(4) If an additional meter or meters are installed, the net energy metering calculation shall yield a result identical to that of a single meter; and
(5) An eligible customer-generator who already owns an existing solar, wind turbine, biomass, or hydroelectric energy generating facility, or a hybrid system consisting of two or more of these facilities, is eligible to receive net energy metering service in accordance with this part. [L 2001, c 272, pt of §6; am L 2004, c 99, §1; am L 2005, c 104, §2]
2023 Hawaii Revised Statutes › Title 15. Transportation and Utilities › 269. Public Utilities Commission › 269-101.5 Maximum capacity of eligible customer-generator.

§269-101.5 Maximum capacity of eligible customer-generator.
The eligible customer-generator shall have a capacity of not more than fifty kilowatts; provided that the public utilities commission may increase the maximum allowable capacity that eligible customer-generators may have to an amount greater than fifty kilowatts by rule or order. [L 2005, c 104, §1]
2023 Hawaii Revised Statutes › Title 15. Transportation and Utilities › 269. Public Utilities Commission › 269-102 Standard contract or tariff; rate structure.

§269-102 Standard contract or tariff; rate structure.
(a) Every electric utility shall develop a standard contract or tariff providing for net energy metering and shall make this contract available to eligible customer-generators, upon request, on a first-come-first-served basis until the time that the total rated generating capacity produced by eligible customer-generators equals .5 per cent of the electric utility's system peak demand; provided that the public utilities commission may modify, by rule or order, the total rated generating capacity produced by eligible customer-generators; provided further that the public utilities commission shall ensure that a percentage of the total rated generating capacity produced by eligible customer-generators shall be reserved for electricity produced by eligible residential or small commercial customer-generators. The public utilities commission may define, by rule or order, the maximum capacity for eligible residential or small commercial customer-generators. Notwithstanding the generating capacity requirements of this subsection, the public utilities commission may evaluate, on an island-by-island basis, the applicability of the generating capacity requirements of this subsection and, in its discretion, may exempt an island or a utility grid system from the generating capacity requirements.
(b) Each
net
energy
metering
contract or tariff shall be identical, with respect to rate structure, to the contract or tariff to which the same customer would be assigned if the customer was not an eligible customer-generator. The charges for all retail rate components for eligible customer-generators shall be based exclusively on the eligible customer-generator's
net
kilowatt-hour consumption over a monthly billing period. Any new or additional demand charge, standby charge, customer charge, minimum monthly charge, interconnection charge, or other charge that would increase an eligible customer-generator's costs beyond those of other customers in the rate class to which the eligible customer-generator would otherwise be assigned are contrary to the intent of this section, and shall not form a part of
net
energy
metering
contracts or tariffs.
(c) The public utilities commission may amend the rate structure or standard contract or tariff by rule or order. [L 2001, c 272, pt of §6; am L 2005, c 104, §3; am L 2008, c 150, §2]
2023 Hawaii Revised Statutes › Title 15. Transportation and Utilities › 269. Public Utilities Commission › 269-103 Generating capacity.

§269-103 Generating capacity.
On an annual basis, beginning in 2003, every electric utility shall make available to the public utilities commission information on the total rated generating capacity produced by eligible customer-generators that are customers of that utility in the utility's service area. The public utilities commission shall develop a process for making the information required by this section available to
electric utilities
, and for using that information to determine when, pursuant to section 269-104, an electric utility is not obligated to provide
net
energy
metering
to additional customer-generators in its service area. [L 2001, c 272, pt of §6]
2023 Hawaii Revised Statutes › Title 15. Transportation and Utilities › 269. Public Utilities Commission › 269-104 Additional customer-generators.

§269-104 Additional customer-generators.
Notwithstanding section 269-102, an electric utility is not obligated to provide net energy metering to additional customer-generators in its service area when the combined total peak generating capacity of all eligible customer-generators served by all the electric utilities in that service area furnishing net energy metering to eligible customer-generators equals .5 per cent of the system peak demand of those electric utilities; provided that the public utilities commission may increase, by rule or order, the allowable percentage of the electric utility's system peak demand produced from eligible customer-generators in the electric utility's service area, whereupon the electric utility will be obligated to provide net energy metering to additional eligible customer-generators in that service area up to the increased percentage amount. [L 2001, c 272, pt of §6; am L 2005, c 104, §4]
2023 Hawaii Revised Statutes › Title 15. Transportation and Utilities › 269. Public Utilities Commission › 269-105 Calculation.

§269-105 Calculation.
The net energy metering calculation shall be made by measuring the difference between the electricity supplied to the eligible customer-generator and:
(1) The electricity generated by the eligible customer-generator and fed back to the electric grid over a monthly billing period; and
(2) Any unused credits for excess electricity from the eligible customer-generator carried over from previous months since the last twelve-month reconciliation period. [L 2001, c 272, pt of §6; am L 2005, c 104, §5]
2023 Hawaii Revised Statutes › Title 15. Transportation and Utilities › 269. Public Utilities Commission › 269-106 Billing periods; twelve-month reconciliation.

§269-106 Billing periods; twelve-month reconciliation.
(a) Billing of net energy metering customers shall be on a monthly basis; provided that the last monthly bill for each twelve-month period shall reconcile for that twelve-month period the net electricity provided by the electric utility with:
(1) The electricity generated by the eligible customer-generator and fed back to the electric grid over the monthly billing period; and
(2) Any unused credits for excess electricity from the eligible customer-generator carried over from prior months since the last twelve-month reconciliation period.
(b) Credits for excess electricity from the eligible customer-generator that remain unused after each twelve-month reconciliation period may not be carried over to the next twelve-month period. [L 2001, c 272, pt of §6; am L 2005, c 104, §6]
2023 Hawaii Revised Statutes › Title 15. Transportation and Utilities › 269. Public Utilities Commission › 269-107 Net electricity consumers.

§269-107 Net electricity consumers.
At the end of each monthly billing period, where the electricity supplied during the period by the electric utility exceeds:
(1) The electricity generated by the eligible customer-generator during that same period; and
(2) Any unused credits for excess electricity from the eligible customer-generator carried over from prior months since the last twelve-month reconciliation period,
the eligible customer-generator is a net electricity consumer and the electric utility shall be owed compensation for the eligible customer-generator's net kilowatt-hour consumption over that same period. The compensation owed for the eligible customer-generator's net monthly kilowatt-hour consumption shall be calculated at the retail rate of the rate class the customer is normally assigned to. [L 2001, c 272, pt of §6; am L 2005, c 104, §7]
2023 Hawaii Revised Statutes › Title 15. Transportation and Utilities › 269. Public Utilities Commission › 269-108 Net electricity producers; excess electricity credits and credit carry over.

§269-108 Net electricity producers; excess electricity credits and credit carry over.
At the end of each monthly billing period, where the electricity generated by the eligible customer-generator during the month exceeds the electricity supplied by the electric utility during that same period, the eligible customer-generator is a net electricity producer and the electric utility shall retain any excess kilowatt-hours generated during the prior monthly billing period; provided that the excess electricity generated by the customer-generator, if any, in each monthly billing period shall be carried over to the next month as a monetary value to the credit of the eligible customer-generator, which credit may accumulate and be used to offset the compensation owed the electric utility for the eligible customer-generator's net kilowatt-hour consumption for succeeding months within each twelve-month period; provided further that the electric utility shall reconcile the eligible customer-generator's electricity production and consumption for each twelve-month period as set forth in section 269-106. The eligible customer-generator shall not be owed any compensation for excess kilowatt-hours unless the electric utility enters into a purchase agreement with the eligible customer-generator for those excess kilowatt-hours. [L 2001, c 272, pt of §6; am L 2005, c 104, §8]
2023 Hawaii Revised Statutes › Title 15. Transportation and Utilities › 269. Public Utilities Commission › 269-109 Net electricity consumption or production information.

§269-109 Net electricity consumption or production information.
The electric utility shall provide every eligible customer-generator with net electricity consumption or production information with each regular monthly bill, which shall include:
(1) The current monetary balance owed the electric utility for net electricity consumed;
(2) The net electricity produced since the end of the last monthly billing period; and
(3) An accounting of the credits for excess electricity produced by the eligible customer-generator since the last twelve-month reconciliation period that shows credits applied to the monthly billing period and the balance of unused credits, if any. [L 2001, c 272, pt of §6; am L 2005, c 104, §9]
2023 Hawaii Revised Statutes › Title 15. Transportation and Utilities › 269. Public Utilities Commission › 269-110 Termination by eligible customer-generators.

§269-110 Termination by eligible customer-generators.
If an eligible customer-generator terminates the customer relationship with the electric utility, the electric utility shall reconcile the eligible customer-generator's consumption and production of electricity, including any unused credits for excess electricity from the eligible customer-generator carried over from prior months, for the period following the last twelve-month reconciliation period to the date of termination of the relationship, according to the requirements set forth in this part. [L 2001, c 272, pt of §6; am L 2005, c 104, §10]
2023 Hawaii Revised Statutes › Title 15. Transportation and Utilities › 269. Public Utilities Commission › 269-111 Safety and performance standards.

§269-111 Safety and performance standards.
(a) A solar, wind turbine, biomass, or hydroelectric energy generating system, or a hybrid system consisting of two or more of these facilities, used by an eligible customer-generator shall meet all applicable safety and performance standards established by the National Electrical Code, the Institute of Electrical and Electronics Engineers, and accredited testing laboratories such as the Underwriters Laboratories and, where applicable, rules of the public utilities commission regarding safety and reliability.
(b) For systems of ten kilowatts or less, an eligible customer-generator whose solar, wind turbine, biomass, or hydroelectric energy generating system, or whose hybrid system consisting of two or more of these facilities, meets the standards and rules under subsection (a) shall not be required to install additional controls, perform or pay for additional tests, or purchase additional liability insurance.
(c) For eligible customer-generator systems of greater than ten kilowatts, the commission, either through decision and order, by tariff adoption, or by rule, shall:
(1) Set forth safety, performance, and reliability standards and requirements; and
(2) Establish the qualifications for exemption from a requirement to install additional controls, perform or pay for additional tests, or purchase additional liability insurance. [L 2001, c 272, pt of §6; am L 2004, c 99, §2; am L 2005, c 69, §2]
2023 Hawaii Revised Statutes › Title 15. Transportation and Utilities › 269. Public Utilities Commission › 269-121 Public benefits fee authorization.

Note
Part heading amended by L 2008, c 118, pt of §2.
§269-121 Public benefits fee authorization.
(a) The public utilities commission, by order or rule, may require that all or a portion of the moneys collected by Hawaii's electric utilities from its ratepayers through a demand-side management surcharge be transferred to a third-party administrator contracted by the public utilities commission. The moneys transferred shall be known as the public benefits fee.
(b) The public benefits fee shall be used to support clean energy technology, demand response technology, and energy use reduction, and demand-side management infrastructure, programs, and services, subject to the review and approval of the public utilities commission. These moneys shall not be available to meet any current or past general obligations of the State; provided that the State may participate in any clean energy technology, demand response technology, or energy use reduction, and demand-side management infrastructure, programs, and services on the same basis as any other electric consumer.
For the purpose of this subsection, "clean energy technology" means any commercially available technology that enables the State to meet the renewable portfolio standards, established pursuant to section 269-92, or the energy-efficiency portfolio standards, established pursuant to section 269-96, and approved by the public utilities commission by rule or order.
(c) Nothing in this section shall create or be construed to cause the public benefits fee to be considered state or public moneys subject to appropriation by the legislature or be required to be deposited into the state treasury. [L 2006, c 162, pt of §1; am L 2008, c 118, pt of §2; am L 2013, c 211, §5 and c 260, §3]
2023 Hawaii Revised Statutes › Title 15. Transportation and Utilities › 269. Public Utilities Commission › 269-122 Public benefits fee administrator; establishment.

§269-122
Public benefits fee administrator; establishment.
(a) The public utilities commission may contract with a third-party administrator, to operate and manage any programs established under section 269-121. The administrator shall not be deemed to be a "governmental body" as defined in section 103D-104; provided that all moneys transferred to the third-party administrator shall be comprised solely of public [benefits] fees collected pursuant to section 269-121 or from funds provided by the federal government or by private funding sources. The administrator shall not expend more than ten per cent of the collected public benefits fees in any fiscal year, or other reasonable percentage determined by the public utilities commission, for administration of the programs established under section 269-121.
(b) The public benefits fee administrator shall be subject to regulation by the public utilities commission under any provision applicable to a public utility in sections 269-7, 269-8, 269-8.2, 269-8.5, 269-9, 269-10, 269-13, 269-15, 269-19.5, and 269-28, and shall report to the public utilities commission on a regular basis. Notwithstanding any other provision of law to the contrary, the public benefits fee administrator shall not be an electric public utility or an electric public utility affiliate. [L 2006, c 162, pt of §1; am L 2008, c 118, pt of §2; am L 2009, c 155, §16]