[§269E-6]  One call center financing. (a)  To finance the establishment and operation of the center and theadministrative costs of the commission, operators shall pay to the commission afee in an amount and at a schedule determined by the commission.  Thecommission may also assess fees on excavators.  All fees paid by operators andexcavators shall be deposited with the director of finance to the credit of thepublic utilities commission special fund.

(b)  All operators of subsurface installationsin this State shall share in the operational and administrative costs of thecenter, except where:

(1)  All of the operator's subsurface installationsare located on property owned exclusively by that operator; and

(2)  The operator has not authorized another operatorto use the property for any subsurface installation.

(c)  The commission may accept revenues,compensations, proceeds, charges, penalties, grants, or any other payments inany form, from any public agency or any other source.

(d)  Any agency required to participate maycharge a reasonable fee in an amount sufficient to cover the administrative andoperational costs required by this chapter.

(e)  Civil penalties collected pursuant to thischapter shall be used by the commission to educate the operating and excavatingcommunity in Hawaii and to reduce the center's operating costs.

(f)  Any operator or excavator that pays publicutility fees to the commission pursuant to section 269-30 may petition thecommission for approval to apply a portion of its public utility fee paymentsas a credit toward its center fees. [L 2004, c 141, pt of §1]