Bill Text: HI HB1238 | 2012 | Regular Session | Introduced
Bill Title: Public Utilities Commission; Transportation
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced - Dead) 2011-12-01 - Carried over to 2012 Regular Session. [HB1238 Detail]
Download: Hawaii-2012-HB1238-Introduced.html
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
1238 |
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TWENTY-SIXTH LEGISLATURE, 2011 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
relating to transportation.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The legislature finds that in transportation matters, the public utilities commission is tasked with determining whether an entity meets the requirements to become a for-hire motor carrier before providing a certificate of public convenience and necessity. This is intended to protect the public and ensure that a motor carrier applicant will deliver the proposed services. In practice, an application is rarely denied regardless of the entity's financial position or lack of prospective customers.
The legislature further finds that a certificate of public convenience and necessity has long been a substantial item on a motor carrier's balance sheet because it represented actual value. As applications are approved at a substantially increased rate, however, that value has decreased. One means of addressing this problem would be to allow any motor carrier to oppose the application of an entity into their area of service. Currently, the public utilities commission disallows intervention, despite the fact that an application has an obvious economic impact on all servicing carriers.
In addition, in 2010, the senate committee on economic development and technology and the house committee on economic revitalization, business, and military affairs convened an informal small business discussion group to address the most critical issues facing the small business sectors within Hawaii's economy. Representatives from the Chamber of Commerce of Hawaii, construction and trades industries, community nonprofits, the agricultural sector, food and restaurant industries, retailing, the science and technology sector, the commercial transportation industry, and interested stakeholders developed a package of bills that address the most pressing problems facing Hawaii's small business community.
The purpose of this Act is to support the findings of the small business working group and recommendations to allow existing common carriers affected by an application for a certificate of public convenience and necessity to intervene in the matter; provided that at least ten per cent of the existing common carriers file to do so.
SECTION 2. Section 271-12, Hawaii Revised Statutes, is amended to read as follows:
"§271-12 Applications for certificates of public convenience and necessity. (a) Except as otherwise provided in this section and in section 271-16, no person shall engage in the business of a common carrier by motor vehicle on any public highway in this State, unless there is in force with respect to such carrier a certificate of public convenience and necessity issued by the public utilities commission authorizing such operation.
(b) Applications for certificates shall be made in writing to the commission, be verified under oath, and shall be in such form and contain such information, and be accompanied by proof of service upon interested parties as the commission shall, by regulation, require.
(c) Subject to section 271-15, a certificate shall be issued to any qualified applicant therefor, authorizing the whole or any part of the operations covered by the application if it is found that the applicant is fit, willing, and able properly to perform the service proposed and to conform to this chapter and the requirements, rules, and regulations of the commission thereunder, and that the proposed service, to the extent to be authorized by the certificate, is or will be required by the present or future public convenience and necessity; provided that the commission shall give weight to, among other considerations, whether the provision of the proposed transportation services by existing common carriers meets the present and future public need, whether the proposed transportation services can be or are being properly performed by existing common carriers, and the effect that approving the application would have on existing common carriers; otherwise the application shall be denied.
(d) Any certificate issued under this section
covering the transportation of property shall be issued as an irregular route
certificate and shall specify the island or islands or portion or portions
thereof within which service may be rendered. Any certificate covering the
transportation of passengers shall specify the service to be rendered and the
routes over which, the fixed termini, if any, between which, and the
intermediate and off-route points, if any, at which the motor carrier is
authorized to operate, and the certificate may include authority to transport
in the same vehicle with the passengers, baggage of passengers, express, and
also to transport baggage of passengers in a separate vehicle. There shall, at
the time of issuance, and from time to time thereafter, be attached to the
exercise of the privileges granted by the certificate such reasonable terms,
conditions, and limitations as the public convenience and necessity may from
time to time require, including terms, conditions, and limitations as to the
extensions of the service territory or route or routes of the carriers, and
such terms and conditions as are necessary to carry out, with respect to the
operations of the carrier, the requirements established by the commission under
sections 271-9(a)(1) and 271-9(a)(4), provided that the terms, conditions, or
limitations shall not restrict the right of the carrier to add to [his or
its] the carrier's equipment and facilities in the service territory
or over the routes or between the termini as the development of business and
the demands of the public shall require.
(e) Any common carrier by motor vehicle transporting passengers under any such certificate may occasionally deviate from the route over which and the fixed termini between which it is authorized to operate under the certificate under such rules and regulations as the commission may prescribe.
(f) Whenever an application is filed under this section, the commission shall allow existing common carriers that would be impacted by the application to intervene in the docket or filing; provided that a motion to intervene that makes reference to that impact is filed by at least ten per cent of the existing common carriers, in accordance with the commission's rules."
SECTION 3. Section 271-13, Hawaii Revised Statutes, is amended by amending subsection (c) to read as follows:
"(c) Subject to section 271-15, a permit
shall be issued to any qualified applicant therefor, authorizing in whole or in
part the operations covered by the application, if it is found that the
applicant is fit, willing, and able properly to perform the service of a
contract carrier by motor vehicle, and to conform to this chapter and the
lawful requirements, rules, and regulations of the commission thereunder, and
that the proposed operation to the extent authorized by the permit will be
consistent with the public interest and the transportation policy declared in
this chapter; otherwise, the application shall be denied. In determining
whether issuance of a permit will be consistent with the public interest and
the transportation policy, the commission shall consider the number of shippers
to be served by the applicant, the nature of the service proposed, whether the
proposed service can be or is being properly performed by existing common
carriers, the effect which granting the permit would have upon the services of
the protesting carriers[,] allowed to intervene in the docket or
filing pursuant to section 271-12(f), the effect which denying the permit
would have upon the applicant's proposed shipper or shippers, and the changing
character of shipper requirements; provided, however, that a permit shall not
be issued in any case where it has been established that an existing common
carrier is properly performing[,] the proposed service. The commission
shall specify in the permit the business of the contract carrier covered
thereby and the scope thereof, and it shall attach to it at the time of
issuance, and from time to time thereafter such reasonable terms, conditions,
and limitations consistent with the character of the holder of the permit as a
contract carrier, including terms, conditions, and limitations respecting the
person or persons, their names, the number or class thereof for which the
contract carrier may perform transportation service, as may be necessary to
assure that the business is that of a contract carrier and within the scope of
the permit, and to carry out with respect to the operation of the carrier the
requirements established by the commission under sections 271‑9(a)(2) and
271-9(a)(4). Any permit covering the transportation of passengers may include
authority to transport in the same vehicle with the passengers, baggage of
passengers, and also authority to transport baggage of passengers in a separate
vehicle; provided that within the scope of the permit and any terms,
conditions, or limitations attached thereto, the carrier shall have the right
to substitute or add to its equipment and facilities as the development of its
business may require; and provided further that no motor carrier shall commence
operations under any contract carrier authority granted under this section
until it has filed with the commission a certified copy of a written contract
or contracts executed with the shipper or shippers for whom the service is
authorized in the permit to be provided, the contract or contracts to be
bilateral and impose specific obligations upon both carrier and shipper or
shippers and to set forth all terms and conditions of any transportation
agreement obtaining between the motor carrier and the shipper or
shippers."
SECTION 4. Section 271-18, Hawaii Revised Statutes, is amended by amending subsection (d) to read as follows:
"(d) Whenever a transaction is proposed
under subsection (b) or (c) [of this section], the motor carrier or
motor carriers, or person or persons, seeking approval thereof shall present an
application to the commission in such form as the commission may require and
the commission may thereupon act upon the application [with or without first
holding a public hearing; provided that if requested, it shall afford
reasonable opportunity for interested parties to be heard.]; provided
that a public hearing shall be held if requested by any affected parties.
If the commission finds that subject to such terms and conditions as it shall
find to be just and reasonable the proposed transaction will be consistent with
the public interests, the commission shall enter an order approving and
authorizing the transaction, upon the terms and conditions, and with the
modifications, so found to be just and reasonable. In passing upon any
transaction under subsection (b) or (c), the commission shall give weight,
among other considerations, to the effect of the proposed transaction upon (1)
adequate transportation service to the public, (2) other motor carriers, and
(3) the employees of any transferring motor carrier."
SECTION 5. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 6. This Act shall take effect upon its approval.
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INTRODUCED BY: |
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Report Title:
Public Utilities Commission; Transportation
Description:
Allow existing common carriers affected by an application for a certificate of public convenience and necessity to intervene in the matter; provided that at least ten per cent of the existing common carriers file to do so.
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
