§269-27.6  Construction of high-voltage
electric transmission lines; overhead or underground construction.  (a) 
Notwithstanding any law to the contrary, whenever a public utility applies to
the public utilities commission for approval to place, construct, erect, or
otherwise build a new 46 kilovolt or greater high-voltage electric transmission
system, either above or below the surface of the ground, the public utilities
commission shall determine whether the electric transmission system shall be
placed, constructed, erected, or built above or below the surface of the
ground; provided that in its determination, the public utilities commission
shall consider:



(1)  Whether a benefit exists that outweighs the costs
of placing the electric transmission system underground;



(2)  Whether there is a governmental public policy
requiring the electric transmission system to be placed, constructed, erected,
or built underground, and the governmental agency establishing the policy
commits funds for the additional costs of undergrounding;



(3)  Whether any governmental agency or other parties
are willing to pay for the additional costs of undergrounding;



(4)  The recommendation of the division of consumer
advocacy of the department of commerce and consumer affairs, which shall be
based on an evaluation of the factors set forth under this subsection; and



(5)  Any other relevant factors.



(b)  In making the determination set forth in
subsection (a), for new 138 kilovolt or greater high-voltage transmission
systems, the public utilities commission shall evaluate and make specific
findings on all of the following factors:



(1)  The amortized cost of construction over the
respective usable life of an above-ground versus underground system;



(2)  The amortized cost of repair over the respective
usable life of an above-ground versus underground system;



(3)  The risk of damage or destruction over the
respective usable life of an above-ground versus an underground system;



(4)  The relative safety and liability risks of an
above-ground versus underground system;



(5)  The electromagnetic field emission exposure from
an above-ground versus underground system;



(6)  The proximity and visibility of an above-ground
system to:



(A)  High density population areas;



(B)  Conservation and other valuable natural
resource and public recreation areas;



(C)  Areas of special importance to the tourism
industry; and



(D)  Other industries particularly dependent on
Hawaii's natural beauty;



(7)  The length of the system;



(8)  The breadth and depth of public sentiment with
respect to an above-ground versus underground system; and



(9)  Any other factors that the public utilities
commission deems relevant.



(c)  A public utility making an application to
the public utilities commission under this section shall clearly and fully
state and support its evaluation of each factor set forth in subsection (b). [L
1994, c 133, §2; am L 1997, c 95, §2; am L 1998, c 218, §1]



 



Cross References



 



  Underground installation of utility facilities along
federal-aid highways, see §264-33.5.