Hawaii 2022 Regular Session

Hawaii Senate Bill SB3199 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	THE SENATE S.B. NO. 3199 THIRTY-FIRST LEGISLATURE, 2022 STATE OF HAWAII A BILL FOR AN ACT relating to the public utilities commission. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
2	2
3	3	THE SENATE S.B. NO. 3199
4	4	THIRTY-FIRST LEGISLATURE, 2022
5	5	STATE OF HAWAII
6	6
7	7	THE SENATE
8	8
9	9	S.B. NO.
10	10
11	11	3199
12	12
13	13	THIRTY-FIRST LEGISLATURE, 2022
14	14
15	15
16	16
17	17	STATE OF HAWAII
18	18
19	19
20	20
21	21
22	22
23	23
24	24
25	25
26	26
27	27
28	28
29	29
30	30
31	31	A BILL FOR AN ACT
32	32
33	33
34	34
35	35
36	36
37	37	relating to the public utilities commission.
38	38
39	39
40	40
41	41
42	42
43	43	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
44	44
45	45
46	46
47	47	SECTION 1. The legislature finds that the public utilities commission has an important role in serving the public by overseeing and regulating utilities to ensure utilities are providing reliable service at fair and reasonable rates. Commissioners play a key role in regulating utilities and keeping Hawaii on track to reach its goals to completely transfer to clean, renewable energy by 2045. As nonrenewable resources are increasingly depleted, the commissioner's independent role in overseeing public utilities continues to expand. Many public utilities commissions in other states have higher wages for their public utilities commissioners, each of whom are assigned personal staff to assist with their work. To remain competitive with other public utilities commissions and ensure that high-caliber commissioners remain in Hawaii, the legislature finds that the State's public utilities commissioners should receive a salary increase and be assigned individual staff. The purpose of this Act is to: (1) Align public utilities commissioners' salaries with the established pay tiers of deputy attorney general positions; (2) Clarify the ability of the commissioners to appoint and employ officers, assistants, and other employees; and (3) Require the executive officer of the public utilities commission to appoint staff for each commissioner. SECTION 2. Section 269-2, Hawaii Revised Statutes, is amended as follows: 1. By amending subsection (b) to read: "(b) Effective July 1, [2005,] 2022, the chairperson of the commission shall be paid a salary [set at eighty-seven per cent of the salary of the director of human resources development,] equal to the highest pay tier of the first deputy attorney general of the department of the attorney general, and each of the other commissioners shall be paid a salary equal to [ninety-five per cent of the chairperson's salary.] the lowest pay tier of the first deputy attorney general of the department of the attorney general. The commissioners shall be exempt from chapters 76 and 89 but shall be members of the state [[]employees'[]] retirement system and shall be eligible to receive the benefits of any state or federal employee benefit program generally applicable to officers and employees of the State, including those under chapter 87A." 2. By amending subsections (d) through (g) to read: "(d) Notwithstanding section 26-35(a)(1) to the contrary, the commission may communicate directly with the governor or the legislature [as determined by the chairperson]; provided that the department of commerce and consumer affairs may represent the commission in communications with the governor or the legislature upon request by the chairperson of the commission and agreement by the department of commerce and consumer affairs. (e) Notwithstanding section 26-35(a)(5) to the contrary, the commission's operational expenditures, such as the purchase of supplies, equipment, furniture, dues and subscriptions, travel, consultant services, and staff training, shall be determined by the [chairperson] commission and may be delegated to the executive officer appointed and employed pursuant to section 269-3; provided that such expenditures shall be subject to all applicable procurement laws and procedures. (f) Notwithstanding section 26-35(a)(6) to the contrary, the utilization, allocation, renovation, or other use of space or spaces to be occupied by the commission shall be determined by the [chairperson] commission and may be delegated to the executive officer appointed and employed pursuant to section 269-3. (g) Determinations made under subsection (d), (e), or (f) by the [chairperson] commission or the executive officer as delegated by the [chairperson,] commission, may be reviewed by the director of commerce and consumer affairs for completeness and for compliance and conformance with applicable administrative processes and procedures of the department of commerce and consumer affairs." SECTION 3. Section 269-3, Hawaii Revised Statutes, is amended to read as follows: "§269-3 Employment of professional staff; assistants. (a) The [chairperson of the] public utilities commission may appoint and employ professional staff and other assistants for the public utilities commission as the [chairperson] commission finds necessary for the performance of the commission's functions and may define their powers and duties. Notwithstanding section 26-35(a)(4) to the contrary and subject to applicable personnel laws, the employment, appointment, applicable salary schedules, promotion, transfer, demotion, discharge, and job descriptions of all officers and employees of or under the jurisdiction of the commission shall be determined by the [chairperson] commission and [may] shall be delegated to the executive officer appointed and employed pursuant to subsection (b); provided that determinations concerning personnel matters made by the [chairperson] commission or the executive officer, as delegated by the [chairperson,] commission, may be reviewed by the director of commerce and consumer affairs for completeness and for compliance and conformance with applicable administrative processes and procedures of the department of commerce and consumer affairs. The executive officer shall ensure that each commissioner is provided sufficient access to staff resources as is necessary to fulfill the professional and decision-making responsibilities of the commission. The [chairperson] commission may appoint and, at pleasure, dismiss a chief administrator and attorneys as may be necessary, and who shall be exempt from chapter 76. The [chairperson] commission may also appoint other staff, including a fiscal officer and a personnel officer, with or without regard to chapter 76. (b) The [chairperson of the] commission shall appoint, employ, and dismiss, at pleasure, an executive officer who shall be responsible for managing the operations of the commission. The responsibilities of the executive officer shall include oversight of all divisions, offices, and branches of the commission; management and recruitment of personnel[,]; budget planning and implementation[,]; strategic planning and implementation[,]; procurement and contract administration[,]; and implementation of administrative programs and projects. The executive officer shall be exempt from chapter 76. (c) The executive officer shall appoint an administrative assistant, a research assistant, and legal counsel to assist each of the members of the commission. Staff appointed under this subsection shall report to the commissioner to whom they are assigned and, notwithstanding any law to the contrary, the executive officer shall not dismiss or re-assign any assigned staff member without prior written approval of the affected commissioner. [(c)] (d) Notwithstanding section 91-13, the commission may consult with its officers, assistants, and employees appointed under authority of this section in any contested case or agency hearing concerning any issue of facts. Neither the commission nor any of its assistants shall in such proceeding consult with any other person or party except upon notice and an opportunity for all parties to participate, save to the extent required for the disposition of ex parte matters authorized by law." 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: _____________________________
48	48
49	49	SECTION 1. The legislature finds that the public utilities commission has an important role in serving the public by overseeing and regulating utilities to ensure utilities are providing reliable service at fair and reasonable rates. Commissioners play a key role in regulating utilities and keeping Hawaii on track to reach its goals to completely transfer to clean, renewable energy by 2045. As nonrenewable resources are increasingly depleted, the commissioner's independent role in overseeing public utilities continues to expand. Many public utilities commissions in other states have higher wages for their public utilities commissioners, each of whom are assigned personal staff to assist with their work. To remain competitive with other public utilities commissions and ensure that high-caliber commissioners remain in Hawaii, the legislature finds that the State's public utilities commissioners should receive a salary increase and be assigned individual staff.
50	50
51	51	The purpose of this Act is to:
52	52
53	53	(1) Align public utilities commissioners' salaries with the established pay tiers of deputy attorney general positions;
54	54
55	55	(2) Clarify the ability of the commissioners to appoint and employ officers, assistants, and other employees; and
56	56
57	57	(3) Require the executive officer of the public utilities commission to appoint staff for each commissioner.
58	58
59	59	SECTION 2. Section 269-2, Hawaii Revised Statutes, is amended as follows:
60	60
61	61	1. By amending subsection (b) to read:
62	62
63	63	"(b) Effective July 1, [2005,] 2022, the chairperson of the commission shall be paid a salary [set at eighty-seven per cent of the salary of the director of human resources development,] equal to the highest pay tier of the first deputy attorney general of the department of the attorney general, and each of the other commissioners shall be paid a salary equal to [ninety-five per cent of the chairperson's salary.] the lowest pay tier of the first deputy attorney general of the department of the attorney general. The commissioners shall be exempt from chapters 76 and 89 but shall be members of the state [[]employees'[]] retirement system and shall be eligible to receive the benefits of any state or federal employee benefit program generally applicable to officers and employees of the State, including those under chapter 87A."
64	64
65	65	2. By amending subsections (d) through (g) to read:
66	66
67	67	"(d) Notwithstanding section 26-35(a)(1) to the contrary, the commission may communicate directly with the governor or the legislature [as determined by the chairperson]; provided that the department of commerce and consumer affairs may represent the commission in communications with the governor or the legislature upon request by the chairperson of the commission and agreement by the department of commerce and consumer affairs.
68	68
69	69	(e) Notwithstanding section 26-35(a)(5) to the contrary, the commission's operational expenditures, such as the purchase of supplies, equipment, furniture, dues and subscriptions, travel, consultant services, and staff training, shall be determined by the [chairperson] commission and may be delegated to the executive officer appointed and employed pursuant to section 269-3; provided that such expenditures shall be subject to all applicable procurement laws and procedures.
70	70
71	71	(f) Notwithstanding section 26-35(a)(6) to the contrary, the utilization, allocation, renovation, or other use of space or spaces to be occupied by the commission shall be determined by the [chairperson] commission and may be delegated to the executive officer appointed and employed pursuant to section 269-3.
72	72
73	73	(g) Determinations made under subsection (d), (e), or (f) by the [chairperson] commission or the executive officer as delegated by the [chairperson,] commission, may be reviewed by the director of commerce and consumer affairs for completeness and for compliance and conformance with applicable administrative processes and procedures of the department of commerce and consumer affairs."
74	74
75	75	SECTION 3. Section 269-3, Hawaii Revised Statutes, is amended to read as follows:
76	76
77	77	"§269-3 Employment of professional staff; assistants. (a) The [chairperson of the] public utilities commission may appoint and employ professional staff and other assistants for the public utilities commission as the [chairperson] commission finds necessary for the performance of the commission's functions and may define their powers and duties. Notwithstanding section 26-35(a)(4) to the contrary and subject to applicable personnel laws, the employment, appointment, applicable salary schedules, promotion, transfer, demotion, discharge, and job descriptions of all officers and employees of or under the jurisdiction of the commission shall be determined by the [chairperson] commission and [may] shall be delegated to the executive officer appointed and employed pursuant to subsection (b); provided that determinations concerning personnel matters made by the [chairperson] commission or the executive officer, as delegated by the [chairperson,] commission, may be reviewed by the director of commerce and consumer affairs for completeness and for compliance and conformance with applicable administrative processes and procedures of the department of commerce and consumer affairs. The executive officer shall ensure that each commissioner is provided sufficient access to staff resources as is necessary to fulfill the professional and decision-making responsibilities of the commission. The [chairperson] commission may appoint and, at pleasure, dismiss a chief administrator and attorneys as may be necessary, and who shall be exempt from chapter 76. The [chairperson] commission may also appoint other staff, including a fiscal officer and a personnel officer, with or without regard to chapter 76.
78	78
79	79	(b) The [chairperson of the] commission shall appoint, employ, and dismiss, at pleasure, an executive officer who shall be responsible for managing the operations of the commission. The responsibilities of the executive officer shall include oversight of all divisions, offices, and branches of the commission; management and recruitment of personnel[,]; budget planning and implementation[,]; strategic planning and implementation[,]; procurement and contract administration[,]; and implementation of administrative programs and projects. The executive officer shall be exempt from chapter 76.
80	80
81	81	(c) The executive officer shall appoint an administrative assistant, a research assistant, and legal counsel to assist each of the members of the commission. Staff appointed under this subsection shall report to the commissioner to whom they are assigned and, notwithstanding any law to the contrary, the executive officer shall not dismiss or re-assign any assigned staff member without prior written approval of the affected commissioner.
82	82
83	83	[(c)] (d) Notwithstanding section 91-13, the commission may consult with its officers, assistants, and employees appointed under authority of this section in any contested case or agency hearing concerning any issue of facts. Neither the commission nor any of its assistants shall in such proceeding consult with any other person or party except upon notice and an opportunity for all parties to participate, save to the extent required for the disposition of ex parte matters authorized by law."
84	84
85	85	SECTION 4. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
86	86
87	87	SECTION 5. This Act shall take effect upon its approval.
88	88
89	89
90	90
91	91	INTRODUCED BY: _____________________________
92	92
93	93	INTRODUCED BY:
94	94
95	95	_____________________________
96	96
97	97
98	98
99	99
100	100
101	101	Report Title: Public Utilities Commission; Commissioners; Executive Officer; Salaries; Employees Description: Aligns public utilities commissioners' salaries with the established pay tiers of deputy attorney general positions. Clarifies the ability of the commissioners to appoint and employ officers, assistants, and other employees. Requires the executive officer of the public utilities commission to appoint staff for each commissioner. The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
102	102
103	103
104	104
105	105
106	106
107	107	Report Title:
108	108
109	109	Public Utilities Commission; Commissioners; Executive Officer; Salaries; Employees
110	110
111	111
112	112
113	113	Description:
114	114
115	115	Aligns public utilities commissioners' salaries with the established pay tiers of deputy attorney general positions. Clarifies the ability of the commissioners to appoint and employ officers, assistants, and other employees. Requires the executive officer of the public utilities commission to appoint staff for each commissioner.
116	116
117	117
118	118
119	119
120	120
121	121
122	122
123	123	The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.