Title 15, Transportation And Utilities

[§269E-13] Excavation permits. Prior to conducting an excavation, the excavator shall obtain all necessary permits from the appropriate agency or agencies pursuant to the laws, rules, regulations, procedures, and requirements governing the issuance of such permits. [L 2004, c 141…

[§269E-14] Penalties. (a) An action for the enforcement of penalties pursuant to this chapter shall be brought before the commission by the State, county, excavator, or any operator. (b) Any excavator or operator who negligently violates, neglects, or fails in any particular inst…

[§269E-15] Hearings. (a) All hearings, investigations, and proceedings shall be governed by this section, chapter 91, and by rules of practice and procedure adopted by the commission, and in the conduct thereof, the technical rules of evidence need not be applied. No informality …

[§269E-16] Reconsideration and rehearings. After any order or decision has been made by the public utilities commission, any party to the proceeding may apply once for reconsideration or a rehearing in respect to any matter determined in the proceeding and specified in the motion…

[§269E-17] Appeals. From the order made on an application for reconsideration or rehearing by the public utilities commission under this chapter, an appeal shall lie in the manner provided in section 269-15.5. [L 2004, c 141, pt of §1, §7; am L 2009, c 72, §3]

§269E-2 Definitions. As used in this [chapter], unless the context clearly requires otherwise: "Agency" means any state or county department, commission, board, bureau, office, or other establishment of the state or county government or semi-autonomous part thereof. "Approximate …

[§269E-3] General duties and powers of the commission. The general duties and powers of the commission shall be to:

§269E-4 One call center advisory committee. (a) The commission shall establish a one call center advisory committee as a governmental entity as defined under chapter 662D to advise the commission in implementing this chapter. The committee shall consist of seventeen voting member…

[§269E-5] One call center established. (a) By January 1, 2006, the commission shall establish and begin administration of a one call center that provides advance warning to excavators in this State of the location of subsurface installations in the area of an excavation for the p…

[§269E-6] One call center financing. (a) To finance the establishment and operation of the center and the administrative costs of the commission, operators shall pay to the commission a fee in an amount and at a schedule determined by the commission. The commission may also asses…

[§269E-7] Notification of excavation; inquiry identification number. (a) Except in an emergency, every excavator planning to conduct an excavation on public or private property shall notify the center of the excavation at least five working days but not more than twenty-eight cal…

[§269E-8] Marking of excavation site. (a) The excavator shall delineate the area to be excavated with white spray chalk or other suitable markings prior to calling the center. The excavator shall indicate the entire dimension of the excavation by known industrial practices and di…

[§269E-9] Identification of subsurface installations by operator. (a) Any operator who receives timely notification from the center of any proposed excavation work pursuant to section 269E-7(b) shall within five working days of that notification or before the start of the excavat…

[§269G-1] Definitions. As used in this chapter, unless the context otherwise requires: "Ancillary agreement" means a bond insurance policy, letter of credit, reserve account, surety bond, swap arrangement, hedging arrangement, liquidity or credit support arrangement, or other sim…

[§269G-10] Severability. If any provision of this chapter is held to be invalid or is superseded, replaced, repealed, or expires for any reason:

[§269G-2] Applications to issue bonds and authorize infrastructure resilience charges. (a) An electric utility may apply to the commission for one or more financing orders to issue bonds to recover any infrastructure resilience costs, each of which authorizes the following: (b) T…

[§269G-3] Infrastructure resilience financing order. (a) A financing order shall remain in effect until the bonds issued under the financing order and all financing costs related to the bonds have been paid in full or defeased by their terms. The aggregate of the financing orders…

[§269G-4] Bonds; issuance; infrastructure resilience property interests. (a) The electric utility may sell and assign all or portions of its interest in infrastructure resilience property to one or more financing entities that make that infrastructure resilience property the basi…

[§269G-5] Infrastructure resilience charge. (a) The infrastructure resilience charge created pursuant to a financing order approved pursuant to section 269G-2 shall be a nonbypassable charge of a financing entity that shall be applied to the repayment of bonds and related financi…

[§269G-6] Security interests in infrastructure resilience property; financing statements. (a) A security interest in infrastructure resilience property is valid and enforceable against the pledgor and third parties, subject to the rights of any third parties holding security inte…

[§269G-7] Transfers of infrastructure resilience property. (a) A transfer or assignment of infrastructure resilience property by the electric utility to an assignee or to a financing entity, or by an assignee of the electric utility or a financing entity to another financing enti…

[§269G-8] Financing entity successor requirements; default of financing entity. (a) Any successor to an electric utility subject to a financing order, whether pursuant to any bankruptcy, reorganization, or other insolvency proceeding, or pursuant to any merger, sale, or transfer,…

[§269G-9] Report to legislature. No later than twenty days prior to the convening of each regular session, the commission shall submit a report to the legislature that includes:

§271-1 Declaration of policy. The legislature of this State recognizes and declares that the transportation of persons and of property, for commercial purposes, over the public highways of this State constitutes a business affected with the public interest. It is intended by this…

§271-10 Reports and decisions of commission. (a) Whenever the public utilities commission inquires into the operations, operating rights, or rates, or directs inquiry and investigation into motor carrier activities regulated under this chapter, and holds public hearing thereon, i…

§271-11 Copies of schedules, tariffs, contracts, etc., kept as public records; evidence. The copies of schedules and classifications and tariffs of rates, fares, and charges, and all contracts, agreements and arrangements between motor carriers filed with the public utilities com…

§271-12 Applications for certificates of public convenience and necessity. (a) Except as otherwise provided in this section and in section 271-16, no person shall engage in the business of a common carrier by motor vehicle on any public highway in this State, unless there is in f…

§271-13 Permits for contract carriers by motor vehicle. (a) Except as otherwise provided in this section and in section 271-16, no person shall engage in the business of a contract carrier by motor vehicle over any public highway in this State unless there is in force, with respe…

§271-14 No proprietary right in highway. No certificate or permit issued under this chapter confers any proprietary or property right in the use of the public highways. [L 1961, c 121, pt of §2; Supp, §106C-12; HRS §271-14]

§271-15 Dual operation. Unless, for good cause shown, the public utilities commission finds or has found that both a certificate and a permit may be so held consistently with the public interest and with the declaration of policy declared in this chapter:

§271-16 Temporary authority. To enable the provision of service for which there is an immediate and urgent need to a point or points or within a territory having no carrier service capable of meeting the need, the public utilities commission may, in its discretion and without hea…

§271-17 Security for protection of public. No certificate or permit shall be issued to a motor carrier or remain in force unless such carrier complies with such reasonable rules and regulations as the public utilities commission shall prescribe governing the filing and approval o…

§271-18 Transfer of certificates of public convenience and necessity, contract carrier permits, and carrier property. (a) For the purpose of the administration and application of subsections (a) and (b), the terms "carrier" includes any motor carrier subject to this chapter, or a…

§271-19 Suspension, change, and revocation of certificates and permits. (a) Certificates and permits shall be effective from the date specified therein, and shall remain in effect until suspended or terminated as herein provided. Any certificate or permit, upon application of the…

§271-2 Administration; governing provisions of other acts. This chapter shall be administered by the public utilities commission of the State and the provisions of this chapter and of chapter 269, not inconsistent with this chapter, shall govern its administration; provided that …

§271-20 Rates, fares and charges of common carriers by motor vehicle. (a) It shall be the duty of every common carrier of passengers by motor carrier to provide safe and adequate service, equipment, and facilities for the transportation of passengers and to establish, observe, an…

§271-21 Tariffs of common carriers by motor vehicle. (a) Every common carrier by motor vehicle shall file with the public utilities commission, and print, and keep open to public inspection, tariffs showing all the rates, fares, and charges for transportation, and all services in…

§271-22 Schedules of contract carriers by motor vehicle. (a) It shall be the duty of every contract carrier by motor vehicle to file and observe reasonable minimum rates and charges for any service rendered or to be rendered in the transportation of passengers or property in conn…

§271-23 Bills of lading, shipping documents. The public utilities commission may prescribe for motor carriers the form and content of all bills of lading, freight bills, receipts, or other shipping documents governing the movement of traffic by motor carriers regulated under this…

§271-24 Recovery of overcharges or undercharges. (a) All actions by common carriers by motor vehicle for the recovery of their charges, or any part thereof, shall be begun within three years from the time the cause of action accrues, and not after. (b) For recovery of overcharges…

§271-25 Accounts, records, and reports. (a) The public utilities commission may require annual, periodical, or special reports from all motor carriers, prescribe the manner and form in which the reports shall be made, and require from the carriers specific and full, true, and cor…

§271-26 Records to be maintained in State. Each motor carrier maintaining an office or place of business within this State shall keep therein all books, accounts, papers, and records required by the public utilities commission to be kept within this State. No books, accounts, pap…

§271-26.5 Change of address; responsibility; service of documents. A motor carrier shall have, maintain and operate from a definite place of business in the State and shall display therein the certificate or permit issued by the public utilities commission. The certificate or per…

§271-27 Unlawful operation. (a) Any person intentionally, knowingly, or recklessly violating any provision of this chapter, or any rule, requirement, or order thereunder, or any term or condition of any certificate or permit for which a penalty is not otherwise provided, shall be…

§271-28 Collection of rates and charges. No common carrier by motor vehicle shall deliver or relinquish possession at destination of any freight transported by it until all tariff rates and charges thereon have been paid, except under such rules and regulations as the public util…

[§271-28.5] Motor carrier lien. (a) In addition to the lien provided by section 490:7-307, a carrier has a lien on freight in its possession for the total amount owed the carrier by the shipper for freightage, charges for services and advances due on freight previously delivered …