Report Title:

Consumer Advocate; Testimony at Public Hearings

 

Description:

Requires the consumer advocate to present testimony at certain public hearings regarding projects that have already received initial public utility commission approval, but for which the utility is seeking additional permits.

 

THE SENATE

S.B. NO.

583

TWENTY-FIRST LEGISLATURE, 2001

 

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

relating to the consumer advocate.

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

SECTION 1. The legislature finds that the cost of developing utility plants and resources is often escalated by the length of the permitting process in Hawaii. In addition, projects that have received an initial approval by the public utilities commission, but for which additional permits are sought after one or two years, are often made more contentious by the public hearing process. Moreover, the increased cost of facility development is ultimately borne by consumers.

The legislature further finds that the information needed to facilitate consensus and more expedient processing is often made public during the initial public utilities commission approval process. Later proceedings, however, in which additional permits are sought by the utility, may not include the presentation of testimony that is pertinent to consumers. Since the consumers are those who will actually end up paying for the cost of the development of the resource when it is finally completed, the legislature finds that it is incumbent upon the consumer advocate to appear at these later hearings to present testimony regarding the impact of the new permits that are sought by the public utility, including the anticipated costs and other consumer interests.

SECTION 2. Section 269-51, Hawaii Revised Statutes, is amended to read as follows:

"§269-51 Consumer advocate; director of commerce and consumer affairs[.]; duties. (a) The director of commerce and consumer affairs shall be the consumer advocate in hearings before the public utilities commission. The consumer advocate shall [represent,]:

(1) Represent, protect, and advance the interests of all consumers, including small businesses, of utility services[.]; and

(2) Present testimony at any public hearing with respect to any project that has already received initial approval by the public utilities commission and for which additional permits are sought, where the consumer advocate believes that it is in the public interest to do so based on:

(A) The cost of the project;

(B) The length of the project and the anticipated time needed for project completion;

(C) The complexity of the issues;

(D) The impact of the project on the local community;

(E) The fact that a public utility requests the consumer advocate to appear at the hearing to present testimony; and

(F) Any other factor that the consumer advocate believes is necessary to advance the interests of all consumers, including small businesses, of utility services.

(b) The consumer advocate shall not receive any salary in addition to the salary received as director of commerce and consumer affairs.

(c) The responsibility 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. As consumer advocate, the director of commerce and consumer affairs shall have full rights to participate as a party in interest in all proceedings before the public utilities commission."

SECTION 3. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 4. This Act shall take effect upon its approval.

INTRODUCED BY:

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