STAND. COM. REP. NO. 620-04
Honolulu, Hawaii
, 2004
RE: H.B. No. 2969
H.D. 1
Honorable Calvin K.Y. Say
Speaker, House of Representatives
Twenty-Second State Legislature
Regular Session of 2004
State of Hawaii
Sir:
Your Committee on Consumer Protection and Commerce, to which was referred H.B. No. 2969, H.D. 1, entitled:
"A BILL FOR AN ACT RELATING TO SOLAR ENERGY DEVICES,"
begs leave to report as follows:
The purpose of this bill is to reduce both Hawaii's dependence on fossil fuels and consumer energy costs by:
(1) Allowing homeowners of single-family residences and townhouses to install solar energy devices on their homes, regardless of any declarations, bylaws, restrictions, deeds, leases, or similar binding agreements to the contrary;
(2) Defining "private entity" as an association of homeowners, community association, condominium association, cooperative, or any other nongovernment entity that has covenants, bylaws, and administrative provisions to which a homeowner is subject, and with which the homeowner must comply;
(3) Requiring every private entity to adopt rules that provide for the placement of solar energy devices;
(4) Preventing private entities from assessing fees for the placement of any solar energy device;
(5) Permitting homeowner installation of any solar energy device without prior approval, provided that the homeowner registers the device with the entity; and
(6) Making the homeowner responsible for any common element or limited common element damages or maintenance, repair, replacement, and removal costs resulting from the device.
Testimony in support of this bill was received from the City Energy Coordinator of the City and County of Honolulu, Hawaii Renewable Energy Alliance, Hawaii Solar Energy Association, Integrated Architecture, Hawaii Chapter of the Sierra Club, Powerlight Corporation, and numerous concerned residents. The Department of Business, Economic Development, and Tourism supported the intent of this measure. The Hawaii Council of Associations of Apartment Owners testified in opposition to this bill.
Your Committee finds that solar energy is a viable source of alternative energy for single-family residences and townhouses in Hawaii. Your Committee further finds that this bill will assist the many homeowners in townhouses or planned communities who are prevented from installing solar panels on their homes.
As affirmed by the record of votes of the members of your Committee on Consumer Protection and Commerce that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 2969, H.D. 1, and recommends that it pass Third Reading.
Respectfully submitted on behalf of the members of the Committee on Consumer Protection and Commerce,
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____________________________ KENNETH T. HIRAKI, Chair |