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THE SENATE |
S.B. NO. |
3064 |
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TWENTY-NINTH LEGISLATURE, 2018 |
S.D. 1 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO UTILITY POLES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The legislature finds that when new utility poles are installed adjacent to an existing utility pole, the original pole is often left in place. This results in what is sometimes referred to as double poles. Occasionally, a third utility pole is installed next to two existing poles, resulting in a triple pole. In most cases, double poles or triple poles occur when a utility deems it necessary to install a new pole: the utility transfers its wiring to the new pole, while the other utilities, such as telephone, cable television, and municipal street lights, remain on the original pole.
The legislature additionally finds that many of the original utility poles that remain in place may be unsafe, due to termite damage, rot, collision damage from vehicles, and other safety concerns. Furthermore, many of the original utility poles remain even after all other utility equipment has been relocated.
The legislature further finds that standards and procedures for equipment transfers, pole removal, and new replacement pole acceptance are controlled under the joint pole agreements for joint pole owners and by formal signed agreements between third party attachers and joint pole owners. The legislature also finds that the double pole backlog is directly attributable to existing joint pole ownership and agreements.
The legislature notes that the joint pole owners have recently entered into a memorandum of understanding to jointly address the double pole situation. However, since many of the poles are in the public right of way, new joint pole agreements are required to be submitted to the public utilities commission for review and authorization. The filing of an application with the public utilities commission, seeking approval of several agreements relating to electric utility distribution pole attachments by joint owners and sub-attaching third parties on jointly-owned electric distribution poles, is imminent.
Accordingly, the purpose of this Act is to:
(1) Request immediate, favorable action by the public utilities commission once the application for new joint pole agreements have been submitted;
(2) Require a report from the public utilities commission once the new joint pole agreements have been approved; and
(3) Require progress reports to the legislature regarding the removal and replacement of double poles.
SECTION 2. (a) The public utilities commission is requested to take immediate, favorable action once the application, which seeks approval of several joint pole agreements relating to electric utility distribution pole attachments by joint owners and sub-attaching third parties on jointly-owned electric distribution poles, is filed with the commission.
(b) The application filed with the commission shall:
(1) Include a remediation plan for the removal of double poles, including collaboration with any sub-attaching third parties that may also have equipment on the poles; and
(2) Ensure that ratepayers are not charged for work associated with the removal of old poles.
(c) The commission shall report to the legislature through the chairs of the senate committee on commerce, consumer protection, and health and house committee on consumer protection and commerce once the application is approved, including informing the legislature of any additional conditions the commission may impose regarding the new joint pole agreements.
(d) The parties to the application filed with the public utilities commission pursuant to subsection (a) shall submit a preliminary report, including a status update on the parties' progress in removing and replacing double poles and the timeline for completion, to the legislature no later than twenty days prior to the convening of the regular session of 2019.
(e) The parties to the application filed with the public utilities commission pursuant to subsection (a) shall submit a final report, including any remaining issues associated with the removal and replacement of double poles, to the legislature no later than twenty days prior to the convening of the regular session of 2020.
SECTION 3. This Act shall take effect on July 1, 2018.
Report Title:
Utility Poles; Public Utilities; Public Utilities Commission; Joint Pole Agreements
Description:
Requests immediate, favorable action by the public utilities commission once applications for new joint pole agreements have been submitted. Requires a report from the public utilities commission once the new joint pole agreements have been approved. Requires progress reports to the legislature regarding the removal and replacement of double poles. (SD1)
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.