THE SENATE

S.B. NO.

2652

TWENTY-SEVENTH LEGISLATURE, 2014

 

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

relating to renewable energy.

 

 

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

 

     SECTION 1.  The legislature finds that condominium associations, community associations, and homeowner associations have been required since December 31, 2006, under section 196‑7(b), Hawaii Revised Statutes, to adopt rules that provide for the placement of solar energy devices.  The legislature further finds that these associations have failed to adopt such rules.

     The purpose of this Act is to establish association rules for placement of solar energy devices in the absence of rules adopted pursuant to section 196-7(b), Hawaii Revised Statutes.

     SECTION 2.  Section 196-7, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:

     "(b)  Every private entity shall adopt rules by December 31, 2006, that provide for the placement of solar energy devices, and revise those rules as necessary by July 1, 2011.  The rules shall facilitate the placement of solar energy devices and shall not impose conditions or restrictions that render the device more than twenty-five per cent less efficient or increase the cost of installation, maintenance, and removal of the device by more than fifteen per cent.  No private entity shall assess or charge any homeowner any fees or require an encumbrance on title for the placement of any solar energy device.  Unless and until a private entity adopts rules for the placement of solar energy devices, the following rules shall apply to the placement of solar energy devices on the common elements or limited common elements of private entities:

     (1)  The unit owner shall apply for and receive board approval prior to installation of the solar energy device;

     (2)  The solar energy device shall be installed in accordance with the relevant sections of the Hawaii Revised Statutes and with these rules;

     (3)  The solar energy device shall service only the unit owned by the applicant;

     (4)  The solar energy device shall be installed by a contractor holding a current and valid contractor's license issued by the State with the appropriate specialty classification for the proposed work;

     (5)  The applicant shall obtain the appropriate building permits from the local building department having jurisdiction;

     (6)  The solar energy device shall be installed in accordance with county codes relating to solar energy devices in effect at the time of installation;

     (7)  All exterior interconnecting components shall be minimized; and

     (8)  For any equipment necessary to complete the installation of the solar energy device that is placed on a common element or limited common element, as defined in the private entity's declarations, the owner and each successor owner shall agree to:

         (A)  Comply with the association's requirements for the installation of the solar energy device;

         (B)  Maintain, repair, remove, and replace the solar energy device as necessary for the maintenance and protection of the association's common elements or limited common elements;

         (C)  Restore the common elements or limited common elements to their original condition in the event the solar energy device or any of its components are removed from the common elements or limited common elements;

         (D)  Furnish the association, within fourteen days of approval by the association's board of directors, documentation that the association is named as an additional insured on the homeowner's insurance policy; and

         (E)  Abide by any additional requirements duly adopted by the association's board of directors."

     SECTION 3.  Act 201, Session Laws of Hawaii 2010, is amended as follows:

     1.  By amending section 2 to read:

     "SECTION 2.  [Section 196-7, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:

     "(b)  Every private entity shall adopt rules by December 31, 2006, that provide for the placement of solar energy devices, and revise those rules as necessary by July 1, 2011.  The rules shall facilitate the placement of solar energy devices and shall not impose conditions or restrictions that render the device more than twenty-five per cent less efficient or increase the cost of installation, maintenance, and removal of the device by more than fifteen per cent.  No private entity shall assess or charge any homeowner any fees for the placement of any solar energy device."] Repealed."

     2.  By amending section 4 to read:

     "SECTION 4.  This Act[, except section 2,] shall take effect on July 1, 2010[; provided that on June 30, 2015:

     (1)  Section 1 of this Act shall be repealed; and

     (2)  Section 2 of this Act shall take effect]."

     SECTION 4.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 5.  This Act shall take effect upon its approval.

 

INTRODUCED BY:

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Report Title:

Solar Energy Device; Association Rules

 

Description:

Establishes association rules for the placement of solar energy devices in the absence of a private entity adopting rules.  Makes permanent the prohibition on requiring an encumbrance on title for the replacement of any solar energy device.

 

 

 

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