HRS §269-167
New utility must follow financing order; default on green infrastructure fee
This section says that if a new company takes over an electric utility, it must follow the same financing order and collect and pay the green infrastructure fee. If the utility defaults on paying the fee, the commission can order the collected fees to be paid to the people owed, even during bankruptcy.
everyone
The statute, as written — Electric utility successor requirements; default of electric utility
(a) Any successor to an electric utility subject to a financing order shall be bound by the requirements of this part. The successor shall perform and satisfy all obligations of the electric utility under the financing order, in the same manner and to the same extent as the electric utility, including the obligation to collect and pay the green infrastructure fee to the department or to any financing party as required by a financing order. (b) The public utilities commission may require, in the financing order creating the green infrastructure fee and green infrastructure property, that, if a default by the electric utility in remittance of the green infrastructure fee collected arising with respect to green infrastructure property occurs, the public utilities commission, upon the application by the department, and without limiting any other remedies available to the department or any financing party by reason of the default, shall order the sequestration and payment to the beneficiaries of the green infrastructure fee collected arising with respect to the green infrastructure property. Any order shall remain in full force and effect notwithstanding any bankruptcy, reorganization, or other insolvency proceedings with respect to the electric utility.
LawTrove is not legal advice. The summary above is a computer-generated restatement — the authoritative text is the official version linked above.