HB2715

Report Title:

Public utilities

Description:

A bill to require the undergrounding of all future electric and communication wires or lines.

HOUSE OF REPRESENTATIVES	H.B. NO.	2715
TWENTY-FIRST LEGISLATURE, 2002
STATE OF HAWAII

A BILL FOR AN ACT

relating to the policy undergrounding all future electric and communication wires or lines.

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

SECTION 1. The legislature finds that community interest is rising in the placement of existing and proposed overhead utility facilities underground for a number of reasons, including the desire to preserve, protect, and enhance the visual environment and scenic resources for residents and visitors.

Accordingly the purpose of this Act is to adopt a statewide plan implementing the placement of all existing and proposed overhead utility facilities underground.

SECTION 2. The legislature hereby declares that it is the policy of this state to achieve, whenever possible and not inconsistent with sound environmental planning, the undergrounding of all existing and future electric and communication distribution facilities.

The public utilities commission shall prepare and adopt a statewide plan and schedule for the undergrounding of all such utilities distribution facilities in accordance with the aforesaid policy and the rules of the public utilities commission (relating to the undergrounding of facilities).

The public utilities commission shall coordinate its activities regarding the plan with local governments and affected planning departments. The commission shall require compliance with the plan upon adoption of the statewide plan.

SECTION 3. Chapter 269, Hawaii Revised Statutes, is amended by adding three new sections to read as follows:

"§269-__Conversion program. (a) The commission in conjunction with utilities shall establish a conversion program that allows for the systematic conversion of overhead utility lines to underground lines.

(b) The conversion program shall require any utility that transports or distributes services across utility lines and cables to contribute to the funding of the program provided that annual contributions from the utilities shall not exceed four per cent of annual gross revenues.

(c) The commission shall adopt rules according to chapter 91 for the implementation of and to establish standards for the conversion program.

(d) The rules adopted by the commission shall include the prohibition of utilities from raising utility rates in order to compensate for contributing to the funding of the conversion program.

§269-____Underground conversion fund. (a) There is established in the state treasury the underground conversion fund, which shall be administered by the commission. The following revenues shall be deposited into the fund:

(1) Legislative appropriations;

(2) Contributions by a utility by order of the commission.

(b) All moneys from the fund shall be used for the conversion of overhead utility lines to underground facilities. The conversion of overhead utility lines includes the planning, design, and construction of the new facilities and the removal of the old overhead facilities.

§269-____Allocation of revenues to underground conversion fund. (a) The commission shall establish an annual allocation of revenues from each utility company having above ground facilities. The allocation shall be deposited into the underground conversion fund established by the state. Revenues allocated annually to the fund by each utility shall not exceed four per cent of the annual gross revenues of the utility."

SECTION 4. Chapter 269, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"§269-__One-call system. (a) The commission shall establish or authorize an independent entity to establish and maintain a one-call system to identify the location of underground facilities before January 1, 2003. All owners of underground facilities shall subscribe to the service.

(b) Before commencing any excavation, an excavator shall provide notice of the scheduled commencement of excavation to the one-call system. All underground facilities shall be identified through the one-number locator service. The notice shall be communicated to the one-call system not less than two business days or more than ten business days before the scheduled date for commencement of excavation, unless otherwise agreed by the parties.

Upon receipt of the notice provided for in this section, the excavator shall obtain reasonably accurate information as to locatable underground facilities by surface-marking the location of the facilities. Excavators shall have the right to receive compensation from the owner of the underground facility for costs incurred if the owner of the underground facility does not locate its facilities in accordance with this section. The owner of the underground facility shall have the right to receive compensation for costs incurred in responding to excavation notices given less than two business days prior to the excavation from the excavator.

Emergency excavations shall be exempt from the time requirements for notification provided in this section.

If the excavator, while performing the contract, discovers underground facilities that are not identified, the excavator shall cease excavating in the vicinity of the facility and immediately notify the one-number locator service.

"Business day" means any day other than Saturday, Sunday, or a legal state or federal holiday.

"Emergency" means any condition constituting a clear and present danger to life or property, or a customer service outage.

"Excavation" means any operation in which earth, rock, or other material on or below the ground is moved or otherwise displaced by any means, except the tilling of soil less than twelve inches in depth for agricultural purposes, or road and ditch maintenance that does not change the original road grade or ditch flowline.

"Excavator" means any person who engages directly in excavation.

"Marking" means the use of stakes, paint, or other clearly identifiable materials to show the field location of underground facilities, in accordance with the current color code standard of the American public works association. Markings shall include identification letters indicating the specific type of the underground facility.

"One-number locator service" means a service through which a person can notify utilities and request field-marking of underground facilities.

"Reasonably accurate" means location within twenty-four inches of the outside dimensions of both sides of an underground facility.

"Underground facility" means any item buried or placed below ground for use in connection with the storage or conveyance of water, sewage, electronic, telephonic or telegraphic communications, cablevision, electric energy, petroleum products, gas, gaseous vapors, hazardous liquids, or other substances and including but not limited to pipes, sewers, conduits, cables, valves, lines, wires, manholes, attachments, and those parts of poles or anchors below ground.

(d) The commission may adopt rules pursuant to chapter 91 to implement this section."

SECTION 5. In codifying the new sections added by part V of this Act, the revisor of statutes shall substitute appropriate section numbers for the letters used in the new sections designated in this Act.

SECTION 6. This Act shall take effect upon its approval.

INTRODUCED BY:	_____________________________