Report Title:

Consumer Advocate; Representation

Description:

Clarifies that consumer advocate shall represent consumers only and that consumers are rate payers of public utility services or retail purchasers of gasoline.

HOUSE OF REPRESENTATIVES

H.B. NO.

2621

TWENTY-THIRD LEGISLATURE, 2006

 

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. Section 269-1, Hawaii Revised Statutes, is amended by adding a new definition to be appropriately inserted and to read as follows:

""Consumer" refers to a person who is a ratepayer of public utility services or a retail purchaser of gasoline."

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

"§269-51 Consumer advocate; director of commerce and consumer affairs. The director of commerce and consumer affairs shall be the consumer advocate in hearings before the public utilities commission. The consumer advocate shall only represent, protect, and advance the interests of all consumers[, including small businesses,] of utility services[.] to ensure that the public interest of the consumer of utility services is protected and preserved at all times, including during the implementation of any new energy policy. The consumer advocate shall not receive any salary in addition to the salary received as director of commerce and consumer affairs.

The responsibility for advocating on behalf of 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 to represent the consumer in all proceedings before the public utilities commission."

SECTION 3. Section 269-54, Hawaii Revised Statutes, is amended by amending subsections (a) and (b) to read as follows:

"(a) The consumer advocate shall have the authority expressly conferred by or reasonably implied from the provisions of this part[.]; provided that the consumer advocate shall represent only the consumer.

(b) The consumer advocate may:

(1) Adopt rules pursuant to chapter 91 necessary to effectuate the purposes of this part.

(2) Conduct investigations to secure information useful in the lawful administration of any provision of this part.

(3) Assist, advise, and cooperate with federal, state, and local agencies and officials to protect and promote the interests of the consumer in the public utilities field.

(4) Study the operation of laws affecting all consumers[, including small businesses,] of utility services and recommend to the governor and the legislature new laws and amendments of laws in the consumers' interest in the public utilities field.

(5) Organize and hold conferences on problems affecting consumers of utility services.

(6) Perform such other acts as may be incidental to the exercise of the functions, powers, and duties set forth in this section.

(7) Represent the interests of consumers of utility services before any state or federal agency or instrumentality having jurisdiction over matters [which] that affect [those] consumers' interests[.], including matters relevant to chapters 486H and 486J."

SECTION 4. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 5. This Act shall take effect upon its approval.

INTRODUCED BY:

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