STAND. COM. REP. NO. 146
Honolulu, Hawaii
, 2005
RE: H.B. No. 1017
H.D. 1
Honorable Calvin K.Y. Say
Speaker, House of Representatives
Twenty-Third State Legislature
Regular Session of 2005
State of Hawaii
Sir:
Your Committee on Energy & Environmental Protection, to which was referred H.B. No. 1017 entitled:
"A BILL FOR AN ACT RELATING TO SOLAR ENERGY,"
begs leave to report as follows:
The purpose of this bill is to remove certain restrictions against installing solar energy devices in certain residential dwellings.
This bill allows owners of single family residential dwellings and townhouses to install registered solar energy devices without board approval but with limited restrictions. In addition, the bill requires private entities to adopt rules regarding the placement of solar energy devices.
Your Committee finds that as an island state, Hawaii needs access to alternative energy sources. Chapter 196, Hawaii Revised Statutes, which addresses energy sources, allows an owner of any single-family residential dwelling or townhouse to install a solar energy device, regardless of any covenant, declaration, bylaw, restriction, deed, or other agreement to the contrary. Thus, your Committee finds that the laws on condominium property regimes under chapter 514A should be amended to correspond with the energy sources allowed under chapter 196. The private entities affected by this change, such as homeowner, community, and condominium associations and cooperatives should be given ample time to adopt rules regarding the placement of solar energy devices.
However, your Committee found the following to be salient issues that may be more appropriately addressed by the Committees on Consumer Protection & Commerce and Judiciary, namely:
(1) Whether a homeowner should be required to obtain and maintain an insurance policy to cover the roof repair and maintenance and to indemnify a homeowner's association and other adjacent homeowners for any and all repairs arising from the installation of a solar energy device; and
(2) Successor liability on the part of subsequent owners for repair and maintenance of a solar energy device.
Finally, your Committee has amended this bill as follows:
(1) By deleting the findings regarding newly constructed dwelling units to be consistent with the deletion of section 5 of part II of the bill at page 1, lines 8-11;
(2) By changing the deadline for affected associations to adopt rules for the placement of solar energy devices from June 30, 2006 to December 30, 2006 at page 3, lines 11-12;
(3) By amending the definition of "townhouse" to have the same meaning as defined in section 502C-1 but excluding an apartment or unit from the first or second floor to the roof at page 7, lines 1-2, and adding that same definition at page 12, line 3;
(4) By deleting part II that added a new section on energy efficient water heating for new construction to chapter 196, Hawaii Revised Statutes, and a definition of "dwelling unit"; and
(5) By making technical nonsubstantive amendments for clarity.
As affirmed by the record of votes of the members of your Committee on Energy & Environmental Protection that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 1017, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 1017, H.D. 1, and be referred to the Committees on Consumer Protection & Commerce and Judiciary.
Respectfully submitted on behalf of the members of the Committee on Energy & Environmental Protection,
|
____________________________ HERMINA MORITA, Chair |
||