Report Title:

PUC; Witness Fund

 

Description:

Establishes PUC expert witness fund; funds that exceed $500,000 shall be deposited into PUC special fund established under section 269-33.

 

THE SENATE

S.B. NO.

1403

TWENTY-FIRST LEGISLATURE, 2001

 

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 legislature finds that the public utilities commission permits intervention by individuals and entities and has instituted rules governing the conditions under which an individual or entity may intervene. In an application to intervene, a potential intervenor must demonstrate the extent to which the applicant’s interest is not represented by existing parties, the extent to which the applicant’s participation can assist in the development of a sound record, the extent to which the applicant’s participation will broaden the issues or delay the proceeding, and the extent to which the applicant’s interest in the proceeding differs from the general public.

The legislature further finds that there are individuals and entities who would qualify for intervention in a proceeding before the public utilities commission, but who do not intervene, and who in fact cannot intervene, because of the financial cost involved. The costs of intervention are primarily those incurred from bringing in expert witnesses. Due to the complexity and the technical nature of the proceedings before the public utilities commission, intervention without sufficient resources is difficult, if not impossible.

The legislature finds that intervenors play an invaluable role in bringing important public issues to the public utilities commission’s attention and in presenting a broad range of conflicting interests. To level the playing field, and assist potential intervenors, an expert witness fund shall be established, to be administered by the public utilities 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-    Public utilities commission expert witness fund. (a) There is established in the state treasury a fund to be known as the public utilities commission expert witness fund to be administered by the public utilities commission for the purpose of assisting individuals and entities who are permitted to intervene in any investigation by or proceeding before the commission as provided in this section.

(b) There shall be deposited into the fund a portion of the costs and fees paid or collected pursuant to section 269-30(a),. and all moneys appropriated to, received, and collected by the public utilities commission for the assistance of intervenors in commission investigations and proceedings; provided that the amount of all moneys on balance in that fund shall not exceed $500,000 at any one time.

(c) Upon a showing that an intervenor is indigent or otherwise unable to pay for the costs of intervening in any commission investigation or proceeding, moneys shall be expended from the fund for the payment of an intervenor’s expert witness(es)' expenses; provided that to be eligible for funding:

(1) The intervenor or participant must show a need for financial assistance;

(2) The intervenor or participant must demonstrate that it had made reasonable efforts to secure funding from other sources;

(3) The intervenor or participant must maintain accurate and meaningful books of account on the expenditures incurred; and

(4} The public utilities commission must find that the intervenor or participant is likely to make a substantial contribution in assisting the public utilities commission in arriving at its decision.

(d) The public utilities commission shall submit a report to the legislature detailing all moneys disbursed out of the fund prior to the convening of each regular session.

(e) The commission shall adopt rules pursuant to chapter 91 to implement this section."

SECTION 3. Section 269-30, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

"(a) Sections 607-5 to 607-9 shall apply to the public utilities commission and each commissioner, as well as to the supreme and circuit courts, and all costs and fees paid or collected pursuant to this section shall be deposited with the director of finance to the credit of the public utilities commission expert witness fund established under section 269-   ; provided that when the amount of all moneys on balance in that fund exceeds $500,000 at any one time, all remaining costs and fees paid or collected pursuant to this section shall be deposited with the director of finance to the credit of the public utilities special fund established under section 269-33."

SECTION 4. There is appropriated out of the general revenues of the State of Hawaii the sum of $          , or so much thereof as may be necessary for fiscal year 2001-2002, and the same sum, or so much thereof as may be necessary for fiscal year 2002-2003, for deposit into the public utilities commission expert witness fund established by this Act.

SECTION 5. The sum appropriated shall be expended by the public utilities commission for the purposes of this Act.

SECTION 6. New statutory material is underscored.

SECTION 7. This Act shall take effect upon its approval; provided that section 4 shall take effect on July 1, 2001.

INTRODUCED BY:

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