Hawaii § 269-30 - Finances; public utility fee.

§ 269-30. Finances; public utility fee.

(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 special fund established under section 269-33. (b) There also shall be paid to the public utilities commission in each of the months of July and December of each year, by each public utility subject to investigation by the public utilities commission, a fee equal to one-fourth of one per cent of the gross income from the public utility's business during the preceding year, or the sum of $30, whichever is greater. This fee shall be deposited with the director of finance to the credit of the public utilities commission special fund. (c) Each public utility paying a fee under subsection (b) may impose a surcharge to recover the amount paid above one-eighth of one per cent of gross income. The surcharge imposed shall not be subject to the notice, hearing, and approval requirements of this chapter; provided that the surcharge may be imposed by the utility only after thirty days' notice to the public utilities commission. Unless ordered by the public utilities commission, the surcharge shall be imposed only until the conclusion of the public utility's next rate case; provided that the surcharge shall be subject to refund with interest at the public utility's authorized rate of return on rate base if the utility collects more money from the surcharge than actually paid due to the increase in the fee to one-fourth of one per cent. (d) Notwithstanding any provision of this chapter to the contrary, the public utilities commission may, upon the filing of a petition by a public utility, credit a public utility for amounts paid under subsection (b) toward amounts the public utility owes in one call center fees under section 269E-6(f). [L 1913, c 89, §17; am L 1913, c 137, §1; RL 1925, §2207; am L 1933, c 169, §5; RL 1935, §7965; RL 1945, §4726; am L 1949, c 180, §1; am L 1955, c 206, §2; RL 1955, §104-27; am L 1959, c 265, §14; am L Sp 1959 2d, c 1, §14; am L 1963, c 114, §1; HRS §269-30; am L 1973, c 149, §1(d); am L 1981, c 167, §3; am L 1994, c 226, §3; am L 2004, c 141, §§2, 7; am L 2005, c 22, §51; am L 2009, c 72, §3; am L 2012, c 165, §6; am L 2017, c 205, §5] Cross References Modification of fees, see §92-28. Attorney General Opinions Nonutility revenues must be included in gross revenues for computation of fees. Att. Gen. Op. 61-100. Case Notes Interisland fees. 32 H. 127 (1931). Interest on unpaid amounts. 33 H. 890 (1936), aff'd 96 F.2d 412 (1938), aff'd 305 U.S. 306 (1938). Companies subject to fees under this section are determined by §269-1, the definition of public utility. 56 H. 115, 530 P.2d 742 (1975). Cited: 34 H. 269, 270 (1937), aff'd 105 F.2d 286 (1939); 43 H. 216 (1959). Previous Vol05_Ch0261-0319 Next