HOUSE OF REPRESENTATIVES
THIRTY-FIRST LEGISLATURE, 2021
STATE OF HAWAII
A BILL FOR AN ACT
RELATING TO ENERGY.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Section 269-6, Hawaii Revised Statutes, is amended to read as follows:
"§269-6 General powers and duties. (a) The public utilities commission shall have the general supervision hereinafter set forth over all public utilities, and shall perform the duties and exercise the powers imposed or conferred upon it by this chapter. Included among the general powers of the commission is the authority to adopt rules pursuant to chapter 91 necessary for the purposes of this chapter.
(b) The public utilities commission shall consider
the need to reduce the State's reliance on fossil fuels through energy
efficiency and increased renewable energy generation in exercising its
authority and duties under this chapter.
In making determinations of the reasonableness of the costs [
to electric or gas utility system capital improvements and operations, the
commission shall explicitly consider, quantitatively or qualitatively, the
effect of the State's reliance on fossil fuels on [ price]:
(1) Price volatility[
(2) Export of funds for fuel imports[
(3) Fuel supply reliability risk[
and greenhouse]; and
(4) Greenhouse gas emissions.
The commission may determine that short-term costs or direct costs of renewable energy generation that are higher than alternatives relying more heavily on fossil fuels are reasonable, considering the impacts resulting from the use of fossil fuels. The public utilities commission shall determine whether such analysis is necessary for proceedings involving water, wastewater, or telecommunications providers on an individual basis.
(c) The analysis described in subsection (b) shall not be required for a utility's routine system replacements, such as overhauls and overhead or underground line determinations, or determinations that do not pertain to capital improvements or operations, including but not limited to financing requests.
(c)] (d) In exercising its authority and duties under
this chapter, the public utilities commission shall consider the costs and
benefits of a diverse fossil fuel portfolio and of maximizing the efficiency of
all electric utility assets to lower and stabilize the cost of electricity. Nothing in this section shall subvert the obligation
of electric utilities to meet the renewable portfolio standards set forth in
(d)] (e) The public utilities commission, in carrying
out its responsibilities under this chapter, shall consider whether the
implementation of one or more of the following economic incentives or cost
recovery mechanisms would be in the public interest:
(1) The establishment of a shared cost savings incentive mechanism designed to induce a public utility to reduce energy costs and operating costs and accelerate the implementation of energy cost reduction practices;
(2) The establishment of a renewable energy curtailment mitigation incentive mechanism to encourage public utilities to implement curtailment mitigation practices when lower cost renewable energy is available but not utilized through the sharing of energy cost savings between the public utility, ratepayer, and affected renewable energy projects;
(3) The establishment of a stranded cost recovery mechanism to encourage the accelerated retirement of an electric utility fossil fuel electric generation plant by allowing an electric utility to recover the stranded costs created by early retirement of a fossil generation plant; and
(4) The establishment of differentiated authorized rates of return on common equity to encourage increased utility investments in transmission and distribution infrastructure, discourage an electric utility investment in fossil fuel electric generation plants to incentivize grid modernization, and disincentivize fossil generation, respectively.
(e)] (f) The chairperson of the commission may appoint
a hearings officer, who shall not be subject to chapter 76, to hear and
recommend decisions in any proceeding before it other than a proceeding
involving the rates or any other matters covered in the tariffs filed by the
public utilities. The hearings officer
shall have the power to take testimony, make findings of fact and conclusions
of law, and recommend a decision; provided that the findings of fact, the
conclusions of law, and the recommended decision shall be reviewed and may be
approved by the commission after notice to the parties and an opportunity to be
heard. The hearings officer shall have
all of the above powers conferred upon the public utilities commission under
SECTION 2. Section 269-16.1, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:
"(b) In developing performance incentive and penalty mechanisms, the public utilities commission's review of electric utility performance shall consider, but not be limited to, the following:
(1) The economic
incentives and cost-recovery mechanisms described in section [
(2) Volatility and affordability of electric rates and customer electric bills;
(3) Electric service reliability;
(4) Customer engagement and satisfaction, including customer options for managing electricity costs;
(5) Access to utility system information, including but not limited to public access to electric system planning data and aggregated customer energy use data and individual access to granular information about an individual customer's own energy use data;
(6) Rapid integration of renewable energy sources, including quality interconnection of customer-sited resources; and
(7) Timely execution of competitive procurement, third‑party interconnection, and other business processes."
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.
Public Utilities Commission; Utilities; Reasonableness of Costs
Requires the public utilities commission to determine whether analysis of the effect of the State's reliance on fossil fuels is necessary for proceedings involving water, wastewater, or telecommunications providers on an individual basis. Provides that the analysis is not required for a utility's routine system replacements or determinations that do not pertain to capital improvements or operations. (CD1)
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.