Allows cable operators that pay annual fees to the Department of Commerce and Consumer Affairs (DCCA) to petition DCCA for approval to credit their One Call Center fees toward their annual fee payment. (HB2605 HD1)

A BILL FOR AN ACT

SECTION 1. The legislature finds that the purpose of a one call center is to provide advance warning of excavations or other work close to existing subsurface installations to protect those installations from damage. Under chapter 269E, Hawaii Revised Statutes, the underground one call center coordinates the dissemination of information on the location of underground utility, cable service, and pipeline facilities. By facilitating communication between the owners of these facilities and prospective excavators who may inadvertently damage underground facilities during excavation, the one call center significantly reduces the risk of service disruption and the consequent direct and indirect costs.

Under the current structure of chapter 269E, "operators" are those who own, operate, or maintain subsurface installations. Operators are required to pay the public utilities commission a fee to finance the establishment and operation of the one call center, and may recover this fee by petitioning the public utilities commission for approval to apply a portion of their public utility fee payments as a credit toward their one call center fees.

While utilities are able to petition the public utilities commission to credit their public utility fee payments toward payment of their one call center fees, cable operators are unable to do so because they do not pay public utility fees to the commission. Instead, cable operators are under the jurisdiction of the department of commerce and consumer affairs and pay annual fees to the department under section 440G-15, Hawaii Revised Statutes. To ensure parity among all "operators", the legislature finds that cable operators should also be provided with a mechanism to recover their one call center fees.

The purpose of this Act is to allow operators of cable television systems to petition the director of commerce and consumer affairs to apply their one call center fee payments as a credit toward their annual fee payment.

SECTION 2. Section 269E-6, Hawaii Revised Statutes, is amended to read as follows:

"[[]§269E-6[]] One call center financing. (a) To finance the establishment and operation of the center and the administrative costs of the commission, operators shall pay to the commission a fee in an amount and at a schedule determined by the commission. The commission may also assess fees on excavators. All fees paid by operators and excavators shall be deposited with the director of finance to the credit of the public utilities commission special fund.

(b) All operators of subsurface installations in this [State] state shall share in the operational and administrative costs of the center, except where:

(c) The commission may accept revenues, compensations, proceeds, charges, penalties, grants, or any other payments in any form[,] from any public agency or any other source.

(d) Any agency required to participate may charge a reasonable fee in an amount sufficient to cover the administrative and operational costs required by this chapter.

(e) Civil penalties collected pursuant to this chapter shall be used by the commission to educate the operating and excavating community in Hawaii and to reduce the center's operating costs.

(f) Any operator or excavator that pays public utility fees to the commission pursuant to section 269-30 may petition the commission for approval to apply a portion of its public utility fee payments as a credit toward its center fees.

(g) Any cable operator, as defined in section 440G-3, that pays annual fees pursuant to section 440G-15 may petition the director of commerce and consumer affairs for approval to apply its center fees as a credit toward its annual fee payment."

SECTION 3. Section 440G-15, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:

"(b) The director shall adjust the fees assessed under this section, as necessary from time to time, pursuant to rules adopted in accordance with chapter 91[.] and as provided under section 269E-6(g)."

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.