STAND

STAND. COM. REP. NO.73

Honolulu, Hawaii

, 2003

RE: S.B. No. 498

S.D. 1

Honorable Robert Bunda

President of the Senate

Twenty-Second State Legislature

Regular Session of 2003

State of Hawaii

Sir:

Your Committees on Commerce, Consumer Protection and Housing and Science, Art and Technology, to which was referred S.B. No. 498 entitled:

"A BILL FOR AN ACT RELATING TO THE PUBLIC UTILITIES COMMISSION,"

beg leave to report as follows:

The purpose of this measure is to require the Public Utilities Commission (PUC) to maintain a web site containing information about its decisions, open dockets, meetings, and deadlines.

Life of the Land, and an individual testified in support of the measure. The Hawaii Renewable Energy Alliance provided oral testimony in support of the measure. The PUC and Verizon Hawaii supported the measure's general intent.

This measure:

(1) Requires the PUC to maintain a web site that contains its decision and orders and listings of open dockets, commission meetings, and pending deadlines;

(2) Requires applicants before the PUC to provide all documents in electronic format; and

(3) Provides that the time period within which a PUC decision must be issued does not begin to run until a substantially completed application has been posted on the PUC's web site.

Your Committees find that this measure enhances public access to and participation in government, as well as provides a cost effective and efficient means of informing and educating the public about PUC proceedings and activities. This measure also protects the due process rights of potential intervenors by requiring the posting of a substantially complete application on the web site before the time can begin running on the Commission's deadline to issue a decision and order.

Your Committees find that the measure's requirement that all documents be provided in electronic format is overly broad and would require the posting of many documents with little relevance for the general public. Your Committees further find that most of the significant information submitted by an applicant is contained in the application, but that some information submitted therewith is confidential and proprietary. Therefore, your Committees have amended this measure to require the submission in electronic format of all applications, rather than all documents, but excluding confidential information submitted therewith. Additionally, your Committees have amended this measure to:

(1) Make an appropriation from the Public Utilities Commission Special Fund to fund the activities of the PUC related to its web site; and

(2) Authorize the hiring of personnel to implement and administer the web site.

As affirmed by the records of votes of the members of your Committees on Commerce, Consumer Protection and Housing and Science, Art and Technology that are attached to this report, your Committees are in accord with the intent and purpose of S.B. No. 498, as amended herein, and recommend that it pass Second Reading in the form attached hereto as S.B. No. 498, S.D. 1, and be referred to the Committee on Ways and Means.

Respectfully submitted on behalf of the members of the Committees on Commerce, Consumer Protection and Housing and Science, Art and Technology,

____________________________ DAVID Y. IGE, Chair		____________________________ RON MENOR, Chair