STAND. COM. REP. NO. 1267
Honolulu, Hawaii
, 2005
RE: H.B. No. 1017
H.D. 3
S.D. 1
Honorable Robert Bunda
President of the Senate
Twenty-Third State Legislature
Regular Session of 2005
State of Hawaii
Sir:
Your Committee on Energy, Environment, and International Affairs, to which was referred H.B. No. 1017, H.D. 3, entitled:
"A BILL FOR AN ACT RELATING TO SOLAR ENERGY,"
begs leave to report as follows:
The purpose of this measure is to reduce restrictions on installing solar energy devices on specified single-family residences and townhouses.
Specifically, this bill would:
(1) Allow owners of single-family residential dwellings and townhouses to install solar energy devices without board approval, provided that the devices are registered with the appropriate homeowner, community or condominium association, or cooperative; and
(2) Require "private entities" such as homeowner, community, condominium associations, and cooperatives to adopt rules regarding the placement of solar energy devices.
To effectuate its purpose, this measure:
(1) Requires every private entity to adopt rules by December 31, 2006, to provide for the placement of solar energy devices so as not to unduly restrict that placement as measured by not more than twenty-five per cent less efficiency in the placement; and
(2) Allows any person to place a solar energy device on any single-family residential dwelling or townhouse owned by that person under specified conditions.
Testimony in support of the measure was received from the Department of Business, Economic Development and Tourism, a member of the Maui County Council, The Sierra Club Hawaii Chapter, Hawaii Renewable Energy Alliance, University of Hawaii Environmental Center, Affordable Solar Contracting, Inter-Island Solar Supply, and R&R Solar Supply. Testimony in opposition to the measure was received from the Hawaii Chapter of the Community Associations Institute – Legislative Action Committee, Mililani Town Association, Makakilo Hale I homeowners association, and two individuals.
Your Committee finds that fostering greater use of alternative energy sources is an important environmental objective, and that many homeowners in a single-family dwelling or townhouse in a condominium or cooperative would take advantage of the opportunity to have a solar energy system if it were allowed.
Your Committee has amended this measure by:
(1) Clarifying that the provisions for solar energy systems apply only to single-family residential dwellings and townhouses;
(2) Changing the definition of "townhouse" to conform with the definition of "townhouse" in chapter 196, Hawaii Revised Statutes, regarding energy resources;
(3) Limiting the persons who may install a solar energy device to licensed contractors; and
(4) Making technical, nonsubstantive amendments for clarity, consistency, style, and to avoid redundancy.
As affirmed by the record of votes of the members of your Committee on Energy, Environment, and International Affairs that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 1017, H.D. 3, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 1017, H.D. 3, S.D. 1, and be referred to the Committees on Commerce, Consumer Protection, and Housing and Ways and Means.
Respectfully submitted on behalf of the members of the Committee on Energy, Environment, and International Affairs,
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____________________________ J. KALANI ENGLISH, Chair |
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