STAND. COM. REP. NO. 509

Honolulu, Hawaii

RE:    S.B. No. 606

       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. 606, S.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO CONDOMINIUMS,"

begs leave to report as follows:

     The purpose of this measure is to allow the board of directors of a condominium association to install or allow the installation, where appropriate, of solar energy or wind energy devices on common elements.

     Your Committee received testimony in support of this measure from the Sierra Club Hawai‘i Chapter and Blue Planet Foundation.  Testimony with comments on this measure was received from the Department of Business, Economic Development, and Tourism.  Written testimony presented to the Committee may be reviewed on the Legislature's website.

     Your Committee finds that allowing the installation of solar energy and wind energy devices on the common areas of condominiums may provide a significant source of clean, renewable electrical energy consistent with goals of the Hawaii Clean Energy Initiative.  Your Committee further finds that these installations are likely to benefit condominium associations and owners economically through reduced energy costs and, in some cases, collection of fees for the use of common areas such as rooftops paid by commercial solar and wind energy interests. 

     Your Committee has amended this measure by:

(1)  Adding a new provision to make this measure applicable to condominiums governed by chapter 514A, Hawaii Revised Statutes; and

(2)  Making technical, 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. 606, S.D. 1, as amended herein, and recommends that it pass Third Reading in the form attached hereto as S.B. No. 606, S.D. 2.

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

____________________________

ROSALYN H. BAKER, Chair