STAND. COM. REP. NO. 1338

                                 Honolulu, Hawaii
                                                   , 1999

                                 RE: S.B. No. 96
                                     S.D. 1
                                     H.D. 1




Honorable Calvin K.Y. Say
Speaker, House of Representatives
Twentieth State Legislature
Regular Session of 1999
State of Hawaii

Sir:

     Your Committee on Energy and Environmental Protection, to
which was referred S.B. No. 96, S.D. 1, entitled: 

     "A BILL FOR AN ACT RELATING TO ENERGY RESOURCES,"

begs leave to report as follows:

     The purpose of this bill is to support the use of solar
energy devices by allowing individuals to install and site solar
energy devices for optimal efficiency on any single-family
residential dwelling or townhouse, including the townhouse roof
that may be a common area.

     The Department of Business, Economic Development, and
Tourism, the Sierra Club, Hawaii Chapter, and the Hawaii Solar
Energy Association testified in support of this measure.  The
Hawaii Council of Associations of Apartment Owners opposed the
provisions that would allow solar energy devices to be sited on a
townhouse roof that may be a common area.  The Community
Associations Institute, Hawaii Chapter opposed this measure.

     Your Committee has clarified the definition of a "townhouse"
to mean a unit that extends from the ground to the roof.  The
intent of this amendment is to prevent a townhouse owner whose
living unit occupies only the bottom floor of a multi-story
townhouse from impinging on the rights of persons occupying the
living unit immediately above.

     Your Committee has further amended this bill by:

 
 
                                 STAND. COM. REP. NO. 1338
                                 Page 2

 
     (1)  Specifying that neither a condominium property regime
          declaration nor the bylaws of an association of
          apartment owners may prevent the installation and
          siting of a solar energy device;

     (2)  Clarifying that solar energy devices may be installed
          on a townhouse roof, notwithstanding that it may be a
          common element within a condominium property regime;
          and

     (3)  Making technical, nonsubstantive amendments for the
          purpose of clarity.

     As affirmed by the record of votes of the members of your
Committee on Energy and Environmental Protection that is attached
to this report, your Committee is in accord with the intent and
purpose of S.B. No. 96, S.D. 1, as amended herein, and recommends
that it pass Second Reading in the form attached hereto as S.B.
No. 96, S.D. 1, H.D. 1, and be referred to the Committee on
Consumer Protection and Commerce.

                                   Respectfully submitted on
                                   behalf of the members of the
                                   Committee on Energy and
                                   Environmental Protection,



                                   ______________________________
                                   HERMINA M. MORITA, Chair