HOUSE OF REPRESENTATIVES	H.B. NO.	2169
THIRTY-SECOND LEGISLATURE, 2024
STATE OF HAWAII

A BILL FOR AN ACT

RELATING TO HIGH-VOLTAGE ELECTRIC TRANSMISSION LINES.

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

SECTION 1. Section 269-27.5, Hawaii Revised Statutes, is amended to read as follows:

"[[]§269-27.5[]] Construction of overhead high-voltage electric transmission lines; hearing. Whenever a public utility [plans] seeks approval to place, construct, erect, or otherwise build a new 46 kilovolt or greater high-voltage electric transmission system above the surface of the ground through any residential area[,] pursuant to section 269-7.6, the public utilities commission shall conduct a public hearing prior to its issuance of approval thereof. Notice of the hearing shall be given in the manner provided in section 269-16 for notice of public hearings."

SECTION 2. Section 269-27.6, Hawaii Revised Statutes, is amended to read as follows:

"§269-27.6 Construction of overhead high-voltage electric transmission lines; [overhead or underground construction. (a)] prohibited. Notwithstanding any law to the contrary, [whenever a] no public utility [applies to the public utilities commission for approval to] shall place, construct, erect, or otherwise build a new 46 kilovolt or greater high-voltage electric transmission system[, either] above [or below] the surface of the ground[, the public utilities commission shall determine whether the electric transmission system shall be placed, constructed, erected, or built above or below the surface of the ground; provided that in its determination, the public utilities commission shall consider:

(1) Whether a benefit exists that outweighs the costs of placing the electric transmission system underground;

(2) Whether there is a governmental public policy requiring the electric transmission system to be placed, constructed, erected, or built underground, and the governmental agency establishing the policy commits funds for the additional costs of undergrounding;

(3) Whether any governmental agency or other parties are willing to pay for the additional costs of undergrounding;

(4) The recommendation of the division of consumer advocacy of the department of commerce and consumer affairs, which shall be based on an evaluation of the factors set forth under this subsection; and

(5) Any other relevant factors.

(b) In making the determination set forth in subsection (a), for new 138 kilovolt or greater high-voltage electric transmission systems, the public utilities commission shall evaluate and make specific findings on all of the following factors:

(1) The amortized cost of construction over the respective usable life of an above-ground versus underground system;

(2) The amortized cost of repair over the respective usable life of an above-ground versus underground system;

(3) The risk of damage or destruction over the respective usable life of an above-ground versus an underground system;

(4) The relative safety and liability risks of an above-ground versus underground system;

(5) The electromagnetic field emission exposure from an above-ground versus underground system;

(6) The proximity and visibility of an above-ground system to:

(A) High density population areas;

(B) Conservation and other valuable natural resource and public recreation areas;

(C) Areas of special importance to the tourism industry; and

(D) Other industries particularly dependent on Hawaii's natural beauty;

(7) The length of the system;

(8) The breadth and depth of public sentiment with respect to an above-ground versus underground system; and

(9) Any other factors that the public utilities commission deems relevant.

(c) A public utility making an application to the public utilities commission under this section shall clearly and fully state and support its evaluation of each factor set forth in subsection (b).

(d) Notwithstanding the requirements under subsections (a) and (b), a public utility shall not be required to seek public utilities commission approval to place, construct, erect, or otherwise build a high-voltage electric transmission system if:

(1) The electric transmission system is to be built underground;

(2) The entire cost due to building underground, rather than above-ground, is paid by an entity other than the public utility as a contribution in aid of construction; and

(3) Prior to commencing construction, the public utility provides a report to the public utilities commission, with a copy to the consumer advocate, describing in detail the electric transmission system and providing sufficient documentation that affirms that the additional costs of building the electric transmission system underground will be paid by an entity other than the public utility.

(e) The public utilities commission shall have sixty days to take action on the report filed pursuant to subsection (d)(3), or it shall be assumed that the public utility may proceed with the project]."

SECTION 3. (a) No later than , 2024, the office of planning and sustainable development shall submit to the public utilities commission a report identifying the areas of the State having the highest risk of wildfires. Upon receipt of the report, the public utilities commission shall require each public utility that owns an overhead high-voltage electric transmission line to underground each of the public utility's overhead high-voltage electric transmission lines; provided that any utility that owns multiple overhead high-voltage electric transmission lines shall prioritize the undergrounding of high‑voltage electric transmission lines in areas of the State having the highest risk of wildfires, as identified by the office of planning and sustainable development.

(b) As used in this section:

"Overhead high-voltage electric transmission line" means a high-voltage electric transmission line that was placed, constructed, erected, or otherwise built above the surface of the ground.

"Underground" or "undergrounding" means the process of replacing an overhead high-voltage electric transmission line with a new high-voltage electric transmission line that is placed, constructed, erected, or otherwise built under the surface of the ground.

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:

_____________________________

Report Title:

PUC; OPSD; Public Utilities; High-Voltage Electric Transmission Lines; Overhead Construction; Undergrounding

Description:

Prohibits the construction of overhead high-voltage electric transmission lines. Requires the Office of Planning and Sustainable Development to submit to the Public Utilities Commission a report identifying the areas of the State having the highest risk of wildfires. Requires the Public Utilities Commission to direct certain public utilities to underground all existing overhead high-voltage electric transmission lines.

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.