HRS §269-172
How utilities get paid for the loan program and billing
The Public Utilities Commission must make sure electric utilities can recover their startup and implementation costs for the loan program, including billing system changes and uncollected green infrastructure charges. These charges are not utility revenue and are not taxed. Utilities are not treated as financial institutions or lenders.
The statute, as written — Electric utilities; cost recovery; billing agent
(a) The public utilities commission shall ensure that all reasonable costs incurred by electric utilities to start up and implement the loan program may be recovered as part of the electric utility's revenue requirement, including necessary billing system adjustments, costs arising out of the billing and collection of green infrastructure charges, and any costs for green infrastructure charges that are not recovered via participating customers' green infrastructure bill payments, or otherwise. (b) The green infrastructure charge shall not be considered revenue of the electric utilities and accordingly, shall not be subject to state or county taxes, including the general excise tax under chapter 237, the public service company tax under chapter 239, the public utility fee under section 269‑30, and the public utility franchise tax under chapter 240. (c) The loan program or the act of serving as an agent to bill and to collect the green infrastructure charge shall not cause any electric utility to be subject to the laws that regulate financial institutions, escrow depositories, or collection agencies. An electric utility shall not be responsible for lending, underwriting, and credit determinations.
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