Chapter 269 — Chapter 269

PART I. PUBLIC UTILITIES, GENERALLY §269-1 Definitions. As used in this chapter: "Agricultural activities" means a commercial agricultural, silvicultural, or aquacultural facility or pursuit conducted, in whole or in part, including the care and production of livestock and livest…

§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 o…

[PART VI.] NET ENERGY METERING §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 hydroelectri…

§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 …

§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…

§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:

§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 elect…

§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 fo…

§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 tha…

§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:

§269-11 REPEALED. L 1983, c 98, §3.

§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 …

§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 stan…

§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 complaint…

PART VII. PUBLIC BENEFITS FEE §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…

§269-125 On-bill financing for energy efficiency and renewable energy. (a) The public utilities commission shall investigate an on-bill financing program that would allow an electric utility company customer to purchase or otherwise acquire a renewable energy system or energy-eff…

§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 rep…

PART VIII. INTERISLAND TRANSMISSION SYSTEM--REPEALED §§269-131 to 269-135 REPEALED. L 2017, c 205, §§2, 8.

§269-14 REPEALED. L 1983, c 219, §2.

§269-14.5 Appointment of receiver for public utilities. (a) Whenever the commission finds that a regulated water utility, regulated investor-owned electric utility, or regulated sewer utility is failing, or that there is an imminent threat of the utility failing, to provide adequ…

PART IX. ELECTRIC RELIABILITY §269-141 Definitions. As used in this part: "Advanced grid modernization technology" means equipment, facilities, and associated processes that individually or collectively function to improve the reliability, resiliency, flexibility, and efficiency …

§269-145.5 Advanced grid modernization technology; principles. (a) The commission, in carrying out its responsibilities under this chapter, shall consider the value of improving electrical generation, transmission, and distribution systems and infrastructure within the State thro…

§269-15 Commission may institute proceedings to enforce chapter. (a) If the public utilities commission is of the opinion that any public utility or any person is violating or neglecting to comply with any provision of this chapter or of any rule, order, or other requirement of t…

§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 contest…

§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 conteste…

§269-16 Regulation of utility rates; ratemaking procedures. (a) All rates, fares, charges, classifications, schedules, rules, and practices made, charged, or observed by any public utility or by two or more public utilities jointly shall be just and reasonable and shall be filed …

§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 …

§269-16.21 REPEALED. L 2001, c 272, §8.

§269-16.3 Statewide rate increase surcharge assessment on ratepayers in emergency situations. (a) Any utility that sustains damage to its facilities as a result of a state of emergency or local state of emergency, including emergencies as defined in chapter 127A, and incurs costs…

§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 l…

§269-16.6 Telecommunications relay services for the deaf, persons with hearing disabilities, and persons with speech disabilities. (a) The public utilities commission shall implement intrastate telecommunications relay services for the deaf, persons with hearing disabilities, and…

§269-16.7 REPEALED. L 2003, c 50, §3.

§269-16.85 Retail intrastate services; fully competitive. (a) Notwithstanding section 269-16.9 or any other law to the contrary, the public utilities commission shall treat retail intrastate telecommunications services, under the commission's classification of services relating t…

§269-16.93 Release of domestic abuse victims from shared wireless plans. (a) All wireless telecommunications service providers shall release, without charge, penalty, or fee, any victim of domestic abuse from a shared or family wireless service contract involving the victim's abu…

§269-17 Issuance of securities. A public utility corporation may, on securing the prior approval of the public utilities commission, and not otherwise, except as provided in section 269G-4, issue stocks and stock certificates, bonds, notes, and other evidences of indebtedness, pa…

§269-18 Acquirement of stock of another public utility. No public utility corporation shall purchase or acquire, take or hold, any part of the capital stock of any other public utility corporation, organized or existing under or by virtue of the laws of the State, without having …

§269-19 Merger and consolidation of public utilities. (a) No public utility shall sell, lease, assign, mortgage, or otherwise dispose of or encumber the whole or any part of its road, line, plant, system, or other property necessary or useful in the performance of its duties to t…

§269-19.5 Relations with an affiliated interest; definition; contracts with affiliates filed and subject to commission action. (a) For purposes of this section "affiliated interests" with a public utility includes the following: (b) The purpose of this section is to encourage com…

§269-2 Public utilities commission; number, appointment of commissioners, qualifications; compensation; persons having interest in public utilities; authority. (a) There shall be a public utilities commission of three members, to be called commissioners, and who shall be appointe…

§269-20 Certificates of public convenience and necessity for water carriers. (a) No person which holds itself out to the general public to engage in the transportation by water of passengers or property or any class or classes thereof for compensation, between points in the State…

§§269-21 and 269-22 REPEALED. L 1969, c 55, §2.

§269-23 Liability of initial and delivering common carrier for loss; limitation of liability; notice and filing of claim. Any common carrier receiving property for transportation from a point in Hawaii to a point in Hawaii shall issue a receipt or bill of lading therefor, and sha…

§269-24 REPEALED. L 1981, c 167, §2.

§269-25 Valuations. The public utilities commission may either upon its own motion or upon application by any utility for any order where the commission deems it advisable and to the best interest of the public and the utility cause a valuation to be made to ascertain for any pur…

§269-26 Investigation of water rates charged by lessee under state leases. The public utilities commission shall investigate charges made by all persons for water supplied to consumers for domestic uses and purposes, where the water supplied is secured by virtue of a lease from t…

§269-26.5 Preferential water rates for agricultural activities. (a) It is the policy of the State to promote the long-term viability of agriculture by establishing mechanisms that provide for preferential rates for potable water for agricultural activities. The public utilities c…

§269-27 Prevention of unreasonable water rates. In the event the public utilities commission, investigating as provided in section 269-26, reports that in its judgment the rates charged to consumers for water supplied to them for domestic uses and purposes, are not reasonable, th…

§269-27.2 Utilization of electricity generated from nonfossil fuels. (a) The public utilities commission shall investigate and determine the extent to which electricity generated from nonfossil fuel sources is available to public utilities that supply electricity to the public, w…

§269-27.6 Construction of high-voltage electric transmission lines; overhead or underground construction. (a) Notwithstanding any law to the contrary, whenever a public utility applies to the public utilities commission for approval to place, construct, erect, or otherwise build …

§269-28 Penalty. (a) Any public utility violating or neglecting or failing in any particular to conform to or comply with this chapter or any lawful order of the public utilities commission shall be subject to a civil penalty not to exceed $25,000 for each day such violation, neg…