REPORT TITLE:
PUC; Intervenors Fund


DESCRIPTION:
Establishes a public utilities commission intervenors fund to be
administered by the commission to assist intervenors in
investigations conducted by or proceedings held before the
commission.

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        
HOUSE OF REPRESENTATIVES                H.B. NO.964        
TWENTIETH LEGISLATURE, 1999                                
STATE OF HAWAII                                            
                                                             
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                   A  BILL  FOR  AN  ACT

RELATING TO THE PUBLIC UTILITIES COMMISSION.



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

 1      SECTION 1.  The legislature finds that individuals and
 
 2 entities who are granted intervenor status in cases before the
 
 3 public utilities commission often lack the resources necessary to
 
 4 present expert testimony and other evidence.  The purpose of this
 
 5 Act is therefore to establish an intervenor fund to be
 
 6 administered by the public utilities commission to assist
 
 7 intervenors in cases before the commission.
 
 8      SECTION 2.  Chapter 269, Hawaii Revised Statutes, is amended
 
 9 by adding a new section to be appropriately designated and to
 
10 read as follows:
 
11      "�269-    Public utilities commission intervenors fund.  (a)
 
12 There is established in the state treasury a fund to be known as
 
13 the public utilities commission intervenors fund, which shall be
 
14 administered by the public utilities commission for the purpose
 
15 of assisting persons who are permitted to intervene in any
 
16 investigation by or proceeding before the commission as provided
 
17 in this section.
 
18      (b)  There shall be deposited into the fund a portion of the
 
19 costs and fees paid or collected pursuant to section 269-30(a),
 
20 and all moneys appropriated to, received, and collected by the
 

 
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                                     H.B. NO.964        
                                                        
                                                        


 1 public utilities commission for the assistance of intervenors in
 
 2 commission investigations and proceedings; provided that the
 
 3 amount of all moneys on balance in that fund shall not exceed
 
 4 $500,000 at any one time.
 
 5      (c)  Upon a showing that an intervenor is indigent or
 
 6 otherwise unable to pay for the costs of intervening in any
 
 7 commission investigation or proceeding, moneys shall be expended
 
 8 from the fund for the payment of an intervenor's representation
 
 9 by counsel as allowed under section 269-13, the presentation of
 
10 evidence, including but not limited to expert testimony, and any
 
11 other reasonable fees and expenses; provided that to be eligible
 
12 for funding:
 
13      (1)  The intervenor or participant must show a need for
 
14           financial assistance;
 
15      (2)  The intervenor or participant must demonstrate that it
 
16           has made reasonable efforts to secure funding
 
17           elsewhere, without success;
 
18      (3)  The intervenor or participant must maintain accurate
 
19           and meaningful books of account on the expenditures
 
20           incurred; and
 
21      (4)  The public utilities commission must find that the
 
22           intervenor or participant will make a substantial
 
23           contribution in assisting the public utilities
 
24           commission in arriving at its decision.
 

 
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                                     H.B. NO.964        
                                                        
                                                        


 1      (d)  The public utilities commission shall submit a report
 
 2 to the legislature detailing all funds received and all moneys
 
 3 disbursed out of the fund prior to the convening of each regular
 
 4 session.
 
 5      (e)  The commission shall adopt rules pursuant to chapter 91
 
 6 as may be necessary to implement this section."
 
 7      SECTION 3.  Section 269-30, Hawaii Revised Statutes, is
 
 8 amended by amending subsection (a) to read as follows:
 
 9      "(a)  Sections 607-5 to 607-9 shall apply to the public
 
10 utilities commission and each commissioner, as well as to the
 
11 supreme and circuit courts, and all costs and fees paid or
 
12 collected pursuant to this section shall be deposited with the
 
13 director of finance to the credit of the public utilities
 
14 commission intervenors fund established under section 269-   ;
 
15 provided that when the amount of all moneys on balance in that
 
16 fund exceeds $500,000 at any one time, all remaining costs and
 
17 fees paid or collected pursuant to this section shall be
 
18 deposited with the director of finance to the credit of the
 
19 public utilities commission special fund established under
 
20 section 269-33."
 
21      SECTION 4.  There is appropriated out of the general
 
22 revenues of the State of Hawaii the sum of $         or so much
 
23 thereof as may be necessary for fiscal year 1999-2000 and the
 

 
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                                     H.B. NO.964        
                                                        
                                                        


 1 same sum or so much thereof as may be necessary for fiscal year
 
 2 2000-2001 for deposit into the public utilities commission
 
 3 intervenors fund as established by this Act. 
 
 4      SECTION 5.  The sums appropriated shall be expended by the
 
 5 public utilities commission for the purposes of this Act.
 
 6      SECTION 6.  New statutory material is underscored.
 
 7      SECTION 7.  This Act shall take effect upon its approval;
 
 8 provided that section 4 shall take effect on July 1, 1999.
 
 9 
 
10                           INTRODUCED BY:  _______________________