THE SENATE	S.B. NO.	2291
TWENTY-SIXTH LEGISLATURE, 2012
STATE OF HAWAII

A BILL FOR AN ACT

Relating to Solar Energy.

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

     SECTION 1.  Section 196-7, Hawaii Revised Statutes, is amended by amending subsections (c) and (d) to read as follows:

     "(c)  Any person may place a solar energy device on any single-family residential dwelling [or], townhouse unit, or any condominium unit in a condominium structure of not more than three stories in height that is owned by that person, provided that:

     (1)  The device is in compliance with the rules and specifications adopted pursuant to subsection (b);

     (2)  The device is registered with the private entity of record within thirty days of installation; [and]

(3) If the unit is located in a condominium structure, the device shall be located on the roof directly above the owner's condominium unit and shall occupy an area of the total roof space not to exceed an area greater than the proportionate area of the owner's interest in the common elements of the condominium compared to the total area of the common elements of the condominium; and

   [(3)] (4)  If the device is placed on a common element or limited common element as defined by a project's declaration, the homeowner shall first obtain the consent of the private entity; provided further that such consent shall be given if the homeowner agrees in writing to:

         (A)  Comply with the private entity's design specification for the installation of the device;

         (B)  Engage a duly licensed contractor to install the device; and

         (C)  Within fourteen days of approval of the solar device by the private entity, provide a certificate of insurance naming the private entity as an additional insured on the homeowner's insurance policy.

     (d)  If a solar energy device is placed on a common element or limited common element:

     (1)  The owner and each successive owner of the single-family residential dwelling [or], townhouse unit, or condominium unit on which the device is placed shall be responsible for any costs for damages to the device, the common elements, limited common elements, and any adjacent units, arising or resulting from the installation, maintenance, repair, removal, or replacement of the device.  The repair, maintenance, removal, and replacement responsibilities shall be assumed by each successive owner until the solar energy device has been removed from the common elements or limited common elements.  The owner and each successive owner shall at all times have and maintain a policy of insurance covering the obligations of the owner under this paragraph and shall name the private entity as an additional insured under said policy; and

     (2)  The owner and any successive owner of the single-family residential dwelling [or], townhouse unit, or condominium unit on which the device is placed shall be responsible for removing the solar energy device if reasonably necessary or convenient for the repair, maintenance, or replacement of the common elements or limited common elements."

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

     SECTION 3.  This Act shall take effect upon its approval.

INTRODUCED BY:

_____________________________

Report Title:

Solar Energy Devices; Condominium Units

Description:

Allows owners of condominium units in condominium structures no more than three stories in height to place a solar energy device on the roof directly above the condominium unit, subject to conditions.

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.