Honorable Robert Bunda

President of the Senate

Twenty-Third State Legislature

Regular Session of 2005

State of Hawaii

Sir:

Your Committees on Commerce, Consumer Protection, and Housing and Ways and Means, to which was referred H.B. No. 1017, H.D. 3, S.D. 1, entitled:

beg leave to report as follows:

The purpose of this measure is to require homeowner associations to adopt rules to provide for the placement of solar energy devices and to establish requirements for the installation of solar energy devices in single-family homes and townhomes.

Testimony in support of this measure was received from the Department of Business, Economic Development, and Tourism, Sierra Club-Hawaii Chapter, Hawaii Solar Energy Association, Hawaii Renewable Energy Alliance, and Hawaiian Electric Company, Inc.

This measure requires associations of homeowners, community associations, condominium associations, and housing cooperatives to adopt rules providing for the placement of solar energy devices by December 31, 2006, and prohibits the assessment of a fee against a homeowner who installs a device. Additionally, this measure requires homeowners who install a solar energy device to comply with association rules and specifications, register the device with the association, and comply with requirements for devices placed on common elements. Finally, this measure clarifies the condominium law to provide that the installation of solar energy devices shall only be permitted in single family residential dwellings and townhomes.

Your Committees find that this measure will encourage the use of renewable energy resources and help to reduce the State's dependence on imported fossil fuels.

Your Committees have amended this measure by inserting an effective date of July 1, 2050 to encourage further review and discussion.

As affirmed by the records of votes of the members of your Committees on Commerce, Consumer Protection, and Housing and Ways and Means that are attached to this report, your Committees are in accord with the intent and purpose of H.B. No. 1017, H.D. 3, S.D. 1, as amended herein, and recommend that it pass Third Reading in the form attached hereto as H.B. No. 1017, H.D. 3, S.D. 2.