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THE SENATE |
S.B. NO. |
488 |
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TWENTY-EIGHTH LEGISLATURE, 2015 |
S.D. 2 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO ENERGY.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The legislature finds that residents in master-metered buildings tend to consume more electricity than residents with individual apartment metering because those residents do not bear electricity costs in proportion to consumption levels in master-metered buildings. In a master-metered building, the cost of the total electric consumption for the building is divided among apartments, not taking into account actual consumption. Residential sub-metering is the measurement and billing of electric use in individual apartments in master-metered buildings.
The legislature further finds that the change from master-metering to sub-metering typically reduces the consumption of electricity in apartments by ten to twenty-six per cent.
The purpose of this Act is to require the installation of meters to measure electricity utility use by individual units in condominiums.
SECTION 2. Section 514A-15.5, Hawaii Revised Statutes, is amended to read as follows:
"§514A-15.5 Metering of utilities[.]
in mixed-use projects and other projects. (a) Notwithstanding the
provisions of section 514A-15, commercial apartments in mixed-use projects
containing apartments for both residential and commercial use shall have a
separate meter, or calculations shall be made, or both, to determine the use by
the commercial apartments of utilities, including electricity, water, gas,
fuel, oil, sewerage, and drainage, and the cost of the utilities shall
be paid by the owners of the commercial units; provided that the apportionment
of the charges among owners of commercial apartments shall be done in a fair
and equitable manner as set forth in the declaration or bylaws. Notwithstanding
section 514A-15 to the contrary, each residential apartment in a mixed-use
project shall have a separate meter to determine the use of electricity by that
apartment, and each residential apartment may have a separate meter or
calculations made to determine the use by that apartment of other utilities,
including water, gas, fuel, oil, sewerage, and drainage.
(b) Notwithstanding any provision to
the contrary in this chapter or in a project's declaration or bylaws of an
association of apartment owners, the board of directors [may] of a
mixed-use project shall authorize the installation of separate meters to
determine the use of electricity by each of the residential and
commercial apartments and may authorize the installation of separate meters
to determine the use by each of the residential and commercial apartments
of other utilities, including [electricity,] water, gas, fuel,
oil, sewerage, and drainage; provided that the cost of installing the meters
shall be paid by the association[.], and up to fifty per cent of the
total cost of installing the meters may be subsidized.
[(b)] (c) Notwithstanding any
approval requirements and spending limits contained in the declaration or
bylaws of an association of apartment owners, the board of directors of any
association of apartment owners [may] shall authorize the
installation of meters to determine the use of electricity by each
residential or commercial apartment and may authorize the installation of
meters to determine the use by each apartment of other utilities,
including [electricity,] water, gas, fuel, oil, sewerage, and drainage;
provided that the cost of installing the meters shall be paid by the
association[.], and up to fifty per cent of the total cost of
installing the meters may be subsidized. The cost of metered utilities
shall be paid by the owners of each apartment based on actual consumption and
may be collected in the same manner as common expense assessments. Owners'
maintenance fees shall be adjusted as necessary to avoid any duplication of
charges to these owners for the cost of metered utilities.
(d) Any person or entity who violates or fails to comply with this section shall be punished by a fine not exceeding $ . Each violation shall constitute a separate offense."
SECTION 3. Section 514B-42, Hawaii Revised Statutes, is amended to read as follows:
"§514B-42 Metering of utilities[.]
in mixed-use projects and other projects. (a) Units in a project
that includes units designated for both residential and nonresidential use
shall have separate meters, or calculations shall be made, or both, as may be
practicable, to determine the use by the nonresidential units of utilities,
including electricity, water, gas, fuel, oil, sewerage, air conditioning,
chiller water, and drainage, and the cost of the utilities shall be paid by the
owners of the nonresidential units; provided that the apportionment of the
charges among owners of nonresidential units shall be done in a fair and
equitable manner as set forth in the declaration or bylaws. Each
residential unit in a project that includes residential and nonresidential units
shall have a separate meter to determine the use of electricity by that unit
and may have a separate meter to determine the use by that apartment of other
utilities, including water, gas, fuel, oil, sewerage, air conditioning, chiller
water, and drainage.
(b) Notwithstanding any provision to
the contrary in this chapter or in a project's declaration or bylaws,
the board [may] shall authorize the installation of separate
meters to determine the use of electricity by each of the residential
and commercial units and may authorize the installation of separate meters
to determine the use by each of the units of other utilities,
including [electricity,] water, gas, fuel, oil, sewerage, and drainage;
provided that the cost of installing the meters shall be paid by the
association[.], and up to fifty per cent of the total cost of installing
the meters may be subsidized.
[(b)] (c) Notwithstanding any
approval requirements and spending limits contained in a project's declaration
or bylaws, the board of any association [may] shall authorize the
installation of meters to determine the use of electricity by each
individual unit and may authorize the installation of meters to determine
the use of other utilities, including [electricity,] water,
gas, fuel, oil, sewerage, air conditioning, chiller water, and drainage;
provided that the cost of installing the meters shall be paid by the
association[.], and up to fifty per cent of the total cost of
installing the meters may be subsidized. The cost of metered utilities
shall be paid by the owners of each unit based on actual consumption and, to the
extent not billed directly to the unit owner by the utility provider, may be
collected in the same manner as common expense assessments. Owners'
maintenance fees shall be adjusted as necessary to avoid any duplication of
charges to owners for the cost of metered utilities.
(d) Any person or entity who violates or fails to comply with this section shall be punished by a fine not exceeding $ . Each violation shall constitute a separate offense."
SECTION 4. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 5. This Act shall take effect on July 1, 2050.
Report Title:
Condominiums; Electricity Utility Metering; Sub-metering
Description:
Requires separate electricity utility metering of nonresidential and residential condominium units in all mixed-use condominium projects. Authorizes condominium boards to also authorize separate metering of other utilities and up to half of the cost of installing the meters to be subsidized. Effective 07/01/2050. (SD2)
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.