Application of this chapter
HRS §269-31
in effect269-31. Application of this chapter
(a) This chapter shall not apply to commerce with foreign nations, or commerce with the several states of the United States, except insofar as the same may be permitted under the Constitution and laws of the United States; nor shall it apply to public utilities owned and operated by the State, or any county, or other political subdivision.
(b) Notwithstanding any provision of this
chapter or any franchise, charter, law, decision, order, or rule to the
contrary, the public utilities commission, sua sponte or upon the application
of an electric cooperative, may waive or exempt an electric cooperative from
any or all requirements of this chapter or any applicable franchise, charter,
decision, order, rule, or other law upon a determination or demonstration that
such requirement or requirements should not be applied to an electric
cooperative or are otherwise unjust, unreasonable, or not in the public
interest. Notwithstanding the above, the public utilities commission and the
consumer advocate shall at all times consider the ownership structure and
interests of an electric cooperative in determining the scope and need for any
regulatory oversight or requirements over such electric cooperative. To the
extent any other provision of this chapter or any franchise, charter, law,
decision, order, or rule is contrary to or otherwise conflicts with this section
in any manner, the provisions of this section shall govern and apply.
(c) For purposes of this chapter, an
"electric cooperative" is a cooperative association or entity that
is:
(1) Owned by its members;
(2) Formed pursuant to chapter 421C;
(3) Operated on a not-for-profit basis;
(4) Authorized pursuant to a legislatively granted
franchise or other legislative authority to manufacture, sell, furnish, and
supply electric light, electric current, or electric power to its members or a
designated service area; and
(5) Governed by a board of directors who are members
of the electric cooperative and who are democratically elected by members of
the electric cooperative pursuant to applicable bylaws.
[L 1913, c 89, §20; RL
1925, §2210; RL 1935, pt of §7966; RL 1945, pt of §4727; RL 1955, §104-28; HRS
§269-31; am L 2013, c 57, §2]
Source: Hawaii State Legislature (capitol.hawaii.gov), via Internet Archive capturesURL: http://www.capitol.hawaii.gov/hrscurrent/Vol05_Ch0261-0319/HRS0269/HRS_0269-0031.htmFetched: 11/10/2026