STAND. COM. REP. NO. 744

Honolulu, Hawaii

RE:    S.B. No. 1338

       S.D. 2

Honorable Colleen Hanabusa

President of the Senate

Twenty-Fifth State Legislature

Regular Session of 2009

State of Hawaii

Madam:

     Your Committee on Commerce and Consumer Protection, to which was referred S.B. No. 1338, S.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO HOUSEHOLD ENERGY DEMAND,"

begs leave to report as follows:

     The purpose of this measure is to prohibit real estate contracts, real estate agreements, and association rules from precluding the use of clotheslines on the premises of single family dwellings and townhouses or from imposing conditions on the use of clotheslines that are so onerous as to render the clotheslines ineffective.

     Your Committee received testimony in support of this measure from Mililani Town Association, the Sierra Club, and Blue Planet Foundation.  Testimony with comments on this measure was received from Hawaii Association of Realtors.  Written testimony presented to the Committee may be reviewed on the Legislature's website.

     Your Committee finds that clotheslines are one of the simplest ways for most households to reduce their energy consumption and, therefore, reduce their monthly utility costs.  Your Committee further finds that a widespread reduction of household energy consumption will help Hawaii achieve its goal of increasing energy independence and decreasing dependence on imported fossil fuels.  Your Committee notes that this measure respects the right of homeowners associations to impose reasonable restrictions on the use of clotheslines in response to concerns about community aesthetics.

     Your Committee has amended this measure by making minor, nonsubstantive changes for the purpose of clarity and accuracy in the language of this measure. 

     As affirmed by the record of votes of the members of your Committee on Commerce and Consumer Protection that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 1338, S.D. 1, as amended herein, and recommends that it pass Third Reading in the form attached hereto as S.B. No. 1338, S.D. 2.

Respectfully submitted on behalf of the members of the Committee on Commerce and Consumer Protection,

____________________________

ROSALYN H. BAKER, Chair