Title 15, Transportation And Utilities

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…

[§269-101.5] 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 ha…

§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 …

[§269-103] 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 …

§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:

§269-110 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…

§269-122 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…

§269-123 Requirements for the public benefits fee administrator. (a) Any public benefits fee administrator contracted pursuant to section 269-122 shall satisfy the qualification requirements established by the public utilities commission by rule or order. These requirements may i…

§269-124 Transitioning from utility demand-side management programs to the public benefits fee. If the public utilities commission establishes a public benefits fee pursuant to section 269-121, the public utilities commission shall:

§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…

§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 …

[§269-142] Reliability standards; interconnection requirements; adoption and development; force and effect. (a) The commission may adopt, by rule or order, reliability standards and interconnection requirements. Reliability standards and interconnection requirements adopted by th…

[§269-143] Monitoring. (a) The commission shall have the authority to monitor the reliability and operation of the Hawaii electric system using any data, files, maps, reports, or any other information concerning any electric utility, any user, owner, or operator of the Hawaii ele…

[§269-144] Compliance and enforcement. (a) The commission shall take all necessary steps, including audits, spot checks, data requests, report requests, and internal monitoring procedures, to ensure that any electric utility, any user, owner, or operator of the Hawaii electric sy…

[§269-145] Grid access; procedures for interconnection; dispute resolution. (a) Each user, owner, or operator of the Hawaii electric system, or any other person, business, or entity seeking to make an interconnection on the Hawaii electric system shall do so in accordance with pr…

§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…

[§269-146] Hawaii electricity reliability surcharge; authorization; cost recovery. (a) The commission may require, by rule or order, that all utilities, persons, businesses, or entities connecting to the Hawaii electric system, or any other user, owner, or operator of any electri…

[§269-147] Hawaii electricity reliability administrator; contracting. (a) The commission may contract for the performance of its functions under this part with a person, business, or organization, except for a public utility as defined under this chapter, that will serve as the H…

[§269-148] Hawaii electricity reliability administrator; qualifications. Any entity contracted by the commission to serve as the Hawaii electricity reliability administrator shall:

[§269-149] Funding; reporting. (a) The Hawaii electricity reliability administrator shall use funds collected through the Hawaii electricity reliability surcharge provided for under section 269-146 to carry out its operations, including administrative, technological, or other rel…

§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…

[§269-15.6] Alternative dispute resolution. The commission may require the parties in any matter before the commission to participate in nonbinding arbitration, mediation, or other alternative dispute resolution process prior to the hearing. [L 2000, c 263, §1]

§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 …

[§269-16.2] 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 p…

[§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…

§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…

[§269-16.4] 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) Be…

§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…

[§269-16.8] Aggregators of telephone service requirements. (a) For the purposes of this section: "Aggregator" means every person or entity that is not a telecommunications carrier, who, in the ordinary course of its business, makes telephones available and aggregates the calls of…

§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…

§269-16.9 Telecommunications providers and services. (a) Notwithstanding any provision of this chapter to the contrary, the commission, upon its own motion or upon the application of any person, and upon notice and hearing, may exempt a telecommunications provider or a telecommun…

[§269-16.91] Universal service subsidies. (a) For any alternative telecommunications provider authorized to provide basic local exchange service to any area of the State pursuant to section 269-16.9(h), the commission may consider the following: (b) To receive the subsidy amounts…

[§269-16.92] Changes in subscriber carrier selections; prior authorization required; penalties for unauthorized changes. (a) No telecommunications carrier shall initiate a change in a subscriber's selection or designation of a long-distance carrier without first receiving: provid…

§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…