SB241 SD1.DOC

SECTION 1. The legislature finds that the State should upgrade the performance standard on roofs for all new residential and commercial construction projects by mandating the use of only cool roof materials. The use of cool roofs will facilitate a decrease in dependency on foreign oil by the State and assist in reaching the goal of producing seventy per cent of the State's energy from clean sources by 2011.

A cool roof is a special roofing material that significantly reduces heat absorption due to two special qualities: high solar reflectance, or albedo, which reflects light, and high thermal emittance, which emits a high percentage of any heat absorbed by the roof back into the atmosphere. The effect results in a cooler building and reduced energy costs for buildings with cooling systems by an average of seven to fifteen per cent. While the cost of cool roofing materials are is slightly higher when compared to traditional roofing materials, a building owner may recover the extra cost of the cool roof within three to five years, if not sooner, depending upon the cost of electricity and the specifics of the building.

In addition to reducing the building's cooling costs, cool roofs will also offset carbon dioxide emissions that contribute to global warming. A one thousand square foot roof would offset ten metric tons of carbon dioxide by reducing the need to use electricity to cool the building. Cool roofs also combat the heat island effect, which is a condition that occurs in urban areas like downtown Honolulu where buildings and surrounding infrastructure retain heat and increase the ambient air temperature. The United States Environmental Protection Agency estimates that over the last several decades, approximately three to eight per cent of all energy used was to combat the heat island effect. Installation of cool roofs will decrease the heat island effect and lower energy usage.

The purpose of this Act is to promote energy conservation, reduce the State's dependence on foreign oil, and decrease the heat island effect by establishing specific performance standards mandating the use of cool roofs in all new residential and commercial construction in Hawaii.

SECTION 2. The Hawaii Revised Statutes is amended by adding a new chapter to be appropriately designated and to read as follows:

"Chapter

COOL ROOFS

§ -1 Definitions. As used in this chapter, except as otherwise specifically provided herein:

"Cool roof" means any variety of roofing material that has a high solar reflectance and high thermal emittance, carries the United States Environmental Protection Agency's ENERGY STAR label, and meets the standards United States Environmental Protection Agency's ENERGY STAR system low sloped roofs or steep sloped roofs, as applicable.

"Low sloped roof" means the roof has less than two inches of rise over twelve inches of run.

"New construction" means any new construction of a residential structure, including single-family and multi-family residential properties, and any new construction of a commercial structure, including construction for businesses of any kind.

"Steep slope roof" means the roof has more than two inches of rise over twelve inches of run.

§ -2 Requirements. On or after January 1, 2011, no permit shall be issued for new construction, unless the structure has a cool roof.

§ -3 Exemptions. (a) A variance may be requested by application to the energy resources coordinator of the department of business, economic development, and tourism. The application shall include a description of the property and detailed explanation justifying the request for the variance. A variance shall be deemed approved if not denied by the energy resources coordinator within thirty working days of the energy resource coordinator's receipt of the variance application. A variance shall be granted only if the detailed findings by the energy resources coordinator establish that the cool roof will not significantly reduce the energy consumption of the residential or commercial building.

(b) New residential or commercial structures that are or will be outfitted with on-site photovoltaic energy systems that provide or will provide sufficient power to cover the structure's daytime energy usage shall not be subject to the requirements of subsection (a); provided, however, that in order to qualify for this exemption, the applicant for the building permit shall be required to submit information, together with the permit application, regarding the on-site photovoltaic energy system installed or to be installed in order to confirm the type of existing or proposed system and such system's sufficiency of power.

(c) That portion of roof that is or will be covered by a solar energy system shall not be required to utilize cool roof materials as provided in subsection (a); provided, however, that in order to qualify for this partial exemption, the applicant for the building permit shall be required to submit information, together with the permit application, regarding the size and proposed location of the solar energy system installed or to be installed on the structure's roof.

§ -4 Enforcement; powers of counties. (a) All counties in the State shall adopt and enforce rules, ordinances, and guidelines to take all reasonable actions to implement and enforce this chapter.

(b) The appropriate county agency shall enforce this chapter through the building inspection process. The building inspector shall confirm, as part of the regular inspection process, including inspection of the documentation required to be submitted by the builder, that the roof material qualifies as a cool roof in accordance with this chapter."

SECTION 3. This Act shall take effect on July 1, 2009.

THE SENATE	S.B. NO.	241
TWENTY-FIFTH LEGISLATURE, 2009		S.D. 1
STATE OF HAWAII