THE SENATE

S.B. NO.

772

TWENTY-EIGHTH LEGISLATURE, 2015

 

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

relating to the public utilities commission.

 

 

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

 


     SECTION 1.  The public utilities commission plays a vital role in regulating utilities.  The three commissioners are full time employees.  Like legislators and judges, they can more effectively and efficiently perform their duties by having staff to assist them.  At critical times in the past, the work of the commission has been hampered when a key employee is hired by a utility company that the commission regulates.  This situation is not in the best interest of the public.

     There are small water companies which have operated for decades that have not filed any documents with the commission.

     Public confidence in the commission will be enhanced by the posting of financial disclosure statements by employees of the commission.

     SECTION 2.  Chapter 269, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

     "§269-    Employment of staff.  (a)  Public utilities seeking to hire staff members who are currently working for the public utilities commission, or who have worked for the commission within the preceding twelve months, shall file a written notice of contact with the commission within seven days of contact being made.

     (b)  The written notice of contact shall explain the reason that the utility was unable to fill the position by hiring someone who is not currently or was recently employed by the commission.

     (c)  The commission shall post the notice of contact on its web-based document management system."

     SECTION 3.  Section 269-3, Hawaii Revised Statutes, is amended to read as follows:

     "§269-3  Employment of assistants.  (a)  The chairperson of the public utilities commission may appoint and employ professional staff and other assistants for the public utilities commission as the chairperson finds necessary for the performance of the commission's functions and define their powers and duties.  Notwithstanding section 26-35(a)(4) to the contrary and subject to applicable personnel laws, the employment, appointment, applicable salary schedules, promotion, transfer, demotion, discharge, and job descriptions of all officers and employees of or under the jurisdiction of the commission shall be determined by the chairperson and may be delegated to the executive officer appointed and employed pursuant to subsection (b); provided that determinations concerning personnel matters made by the chairperson or the executive officer, as delegated by the chairperson, may be reviewed by the director of commerce and consumer affairs for completeness and for compliance and conformance with applicable administrative processes and procedures of the department of commerce and consumer affairs.  The chairperson may appoint and, at pleasure, dismiss a chief administrator and attorneys as may be necessary, and who shall be exempt from chapter 76.  The chairperson may also appoint other staff, including a fiscal officer and a personnel officer, with or without regard to chapter 76.

     (b)  Each commissioner, other than the chairperson, may appoint and employ two professional staff people to assist in the commissioner's duties.

     [(b)] (c)  The chairperson of the commission shall appoint, employ, and dismiss, at pleasure, an executive officer who shall be responsible for managing the operations of the commission.  The responsibilities of the executive officer shall include management and recruitment of personnel, budget planning and implementation, strategic planning and implementation, procurement and contract administration, and implementation of administrative programs and projects.  The executive officer shall be exempt from chapter 76.

     [(c)] (d)  Notwithstanding section 91-13, the commission may consult with its assistants appointed under authority of this section in any contested case or agency hearing concerning any issue of facts.  Neither the commission nor any of its assistants shall in such proceeding consult with any other person or party except upon notice and an opportunity for all parties to participate, save to the extent required for the disposition of ex parte matters authorized by law."

     SECTION 4.  Section 269-5, Hawaii Revised Statutes, is amended to read as follows:

     "§269-5  Annual report and register of orders.  (a)  The public utilities commission shall prepare and [present to the governor] post on its website, in the month of January in each year a report respecting its actions during the preceding fiscal year.  This report shall include summary information and analytical, comparative, and trend data concerning major regulatory issues acted upon and pending before the commission; cases processed by the commission, including their dispositions; utility company operations, capital improvements, and rates; utility company performance in terms of efficiency and quality of services rendered; financing orders issued, adjustments made to the public benefits fee, and repayments or credits provided to electric utility customers pursuant to part X or chapter 196, part IV; a summary of power purchase agreements, including pricing, in effect during the fiscal year; environmental matters having a significant impact upon public utilities; actions of the federal government affecting the regulation of public utilities in Hawaii; long and short-range plans and objectives of the commission; together with the commission's recommendations respecting legislation and other matters requiring executive and legislative consideration.  [Copies of the annual reports shall be furnished by the governor to the legislature.]

     (b)  The commission shall post on its website, financial disclosure statements required under section 84-17.  Notwithstanding the requirements of section 84-17 to the contrary, the financial disclosure statement of each commissioner shall be posted on the commission's website.

     (c)  In addition, the commission shall establish and maintain a register of all its orders and decisions, which shall be open and readily available for public inspection, and no order or decision of the commission shall take effect until it is filed and recorded in this register."

     SECTION 5.  Section 269-8, Hawaii Revised Statutes, is amended to read as follows:

     "§269-8  Public utilities to furnish information.  (a)  Every public utility or other person subject to investigation by the commission, shall at all times, upon request, furnish to the public utilities commission all information that it may require respecting any of the matters concerning which it is given power to investigate, and shall permit the examination of its books, records, contracts, maps, and other documents by the commission, or any of its members, or any person authorized by it in writing to make such examination, and shall furnish the commission with a complete inventory of its property in such form as the commission may direct.

     (b)  Any public utility that is required by law to be regulated by the public utilities commission but that fails to file utility rate data or other required documents for twenty-five years or more will automatically lose its business license and may be subject to civil and criminal fines."

     SECTION 6.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 7.  This Act shall take effect upon its approval.

 

INTRODUCED BY:

_____________________________

 

 


 


 

Report Title:

Public Utilities Commission; Disclosure Requirements

 

Description:

Requires utilities seeking to hire a public utilities commission employee or recent employee to file a notice of contact.  Requires that commissioners' financial disclosure statements be posted on the commission website.

 

 

 

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.