SB2191

THE SENATE	S.B. NO.	2191
TWENTY-FOURTH LEGISLATURE, 2008
STATE OF HAWAII

A BILL FOR AN ACT

relating to public utilities.

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

SECTION 1. In December of 2007, the State of Hawaii was struck by a storm that included torrential rains and high winds. Resulting storm damage on the leeward coast of Oahu was substantial with numerous utility poles being felled and damaged. In one case, a utility pole snapped and landed on a house. High winds toppled a total of approximately nineteen poles in Nanakuli and approximately eighteen additional poles were felled or damaged in Maili. For at least three days following the initial storm, pockets of residents in Maili and Nanakuli continued to be without electric utility service.

As a result of the downed utility poles businesses and schools were closed due to a lack of electric utility service. Nearly one hundred public schools throughout the State were shut down, including nine schools located in leeward Oahu.

In addition, Farrington highway, the primary transportation route through the Maili to Nanakuli corridor in leeward Oahu was adversely impacted by the damaged utility poles with repairs taking several days to complete. This occurrence mirrors a March 2006 storm that downed more than a dozen utility poles in

the same general area.

The purpose of this Act is to require the public utilities commission to develop and implement a plan for the undergrounding of all overhead utility lines in areas prone to severe weather and having a history of felled utility poles. The plan shall initially be developed for counties having a population of more than five hundred thousand residents and a pilot program to implement the plan shall begin with the Nanakuli to Makaha corridor on the island of Oahu.

SECTION 2. Chapter 269, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"§269- Conversion plan for the undergrounding of overhead utility lines in certain severe weather affected areas. (a) The commission shall develop a plan for the systematic conversion of overhead utility lines to underground lines. The conversion plan shall identify and focus on areas within each county that are prone to severe weather conditions that have resulted in the disruption of normal motor vehicle traffic flow and loss of utility service due to a history of felled or damaged utility poles.

(b) The commission may require an affected utility or utilities to pay for the entire cost or share in the cost of undergrounding utility lines.

(c) The commission shall adopt rules in accordance with chapter 91 for the development and implementation of the conversion plan."

SECTION 3. The public utilities commission shall establish a pilot project in a county with a population greater than five hundred thousand residents. The pilot conversion project shall be in accordance with section 2 of this Act and shall include a conversion plan that is completed by December 31, 2008, with the commencement of actual undergrounding of utility lines beginning not later than January 2, 2009. The pilot conversion project shall focus on the utility lines within the Nanakuli to Makaha corridor of the island of Oahu.

SECTION 4. The public utilities commission shall assess and collect an amount equal to one-half of the total cost of the pilot conversion project from utilities affected by the pilot conversion project. The proportionate amount assessed against each such utility shall be determined by the public utilities commission.

SECTION 5. There is appropriated out of the state highway fund the sum of $ or so much thereof as may be necessary for fiscal year 2008-2009 for the purpose of developing and implementing a comprehensive plan and pilot program for the undergrounging of all overhead utility lines; provided the sum appropriated and expended shall not exceed one‑half of the total cost of the pilot conversion project established in section 3 of this Act.

The sum appropriated shall be expended by the department of transportation for the purposes of this Act.

SECTION 6. New statutory material is underscored.

SECTION 7. This Act shall take effect upon its approval; provided that section 5 shall take effect on July 1, 2008.

INTRODUCED BY:	_____________________________