Bill Text: HI SB3199 | 2022 | Regular Session | Introduced
Bill Title: Relating To The Public Utilities Commission.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2022-01-26 - Referred to LCA/CPN, WAM. [SB3199 Detail]
Download: Hawaii-2022-SB3199-Introduced.html
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THE SENATE |
S.B. NO. |
3199 |
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THIRTY-FIRST LEGISLATURE, 2022 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
relating to the public utilities commission.
BE IT
ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
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:
(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.
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INTRODUCED BY: |
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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.
