Report Title:

Energy Resources; Solar Water Heating

Description:

Amends the law mandating solar water heater systems for single-family dwellings by clarifying its application to new dwellings and clarifying variance request procedures and authority.  (SD1)

THE SENATE	S.B. NO.	390
TWENTY-FIFTH LEGISLATURE, 2009		S.D. 1
STATE OF HAWAII

A BILL FOR AN ACT

RELATING TO ENERGY RESOURCES.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

     SECTION 1.  Section 196-6.5, Hawaii Revised Statutes, is amended by amending subsections (a) and (b) to read as follows:

     "(a)  On or after January 1, 2010, no building permit shall be issued for a new single-family dwelling that does not include a solar water heater system that meets the standards established pursuant to section 269-44, unless the [energy resources coordinator] public benefits fee administrator approves a variance.  A variance shall only be approved if an architect or mechanical engineer licensed under chapter 464 attests that:

     (1)  Installation is impracticable due to poor solar resource;

     (2)  Installation is cost-prohibitive based upon a life cycle cost-benefit analysis that incorporates the average residential utility bill and the cost of the new solar water heater system with a life cycle that does not exceed fifteen years;

     (3)  A substitute renewable energy technology system, as defined in section 235-12.5, is used as the primary energy source for heating water; [or]

     (4)  A demand water heater device approved by Underwriters Laboratories, Inc., is installed; provided that at least one other gas appliance is installed in the dwelling.  For the purposes of this paragraph, "demand water heater" means a gas-tankless instantaneous water heater that provides hot water only as it is needed[.]; or

(5) The public benefits fee administrator shall be responsible for post-installation verification inspections of the water heating technology installed pursuant to section 196-6.5.

     (b)  A request for a variance shall be submitted to the [energy resources coordinator] public benefits fee administrator on an application prescribed by the [energy resources coordinator] public benefits fee administrator and shall include, but not be limited to, a description of the location of the property and justification for the approval of a variance using the criteria established in subsection (a).  A variance shall be deemed approved if not denied within thirty working days after receipt of the variance application.  The public benefits fee administrator shall make public:

(1) All applications for a variance within seven days after receipt of the variance application; and

(2) The disposition of all applications for a variance within seven days of the determination on the variance application."

     SECTION 2.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 3.  This Act, upon its approval, shall take effect retroactive to July 1, 2009.