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.  (SD1)

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        791
THE SENATE                              S.B. NO.           S.D. 1
TWENTIETH LEGISLATURE, 1999                                
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:

 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),
 

 
Page 2                                                     791
                                     S.B. NO.           S.D. 1
                                                        
                                                        


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

 
Page 3                                                     791
                                     S.B. NO.           S.D. 1
                                                        
                                                        


 1      (5)  The public utilities commission must find that the
 
 2           intervenor or participant will make a substantial
 
 3           contribution in assisting the public utilities
 
 4           commission in arriving at its decision.
 
 5      (d)  The public utilities commission shall submit a report
 
 6 to the legislature detailing all funds received and all moneys
 
 7 disbursed out of the fund prior to the convening of each regular
 
 8 session.
 
 9      (e)  The commission shall adopt rules pursuant to chapter 91
 
10 as may be necessary to implement this section."
 
11      SECTION 3.  There is appropriated out of the public
 
12 utilities commission special fund of the State of Hawaii the sum
 
13 of $500,000, or so much thereof as may be necessary for fiscal
 
14 year 1999-2000, and the same sum, or so much thereof as may be
 
15 necessary for fiscal year 2000-2001, for deposit into the public
 
16 utilities commission intervenors fund as established by this Act.
 
17 The sums appropriated shall be expended by the public utilities
 
18 commission for the purposes of this Act.  On June 30, 2001, any
 
19 unexpended balance in the public utilities commission intervenor
 
20 fund from the appropriations contained in this section shall be
 
21 transferred to the public utilities commission special fund.
 
22      SECTION 4.  New statutory material is underscored.
 
23      SECTION 5.  This Act shall take effect upon its approval;
 
24 provided that section 3 shall take effect on July 1, 1999.