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HOUSE OF REPRESENTATIVES |
H.B. NO. |
1480 |
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THIRTY-SECOND LEGISLATURE, 2023 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
relating to solar energy.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
Solar energy systems require direct access to sunlight to be functional and operate efficiently. The purpose of this Act is to authorize the counties to create a process for the recordation and enforcement of solar easements and to require protection of solar access from shade caused by vegetation in order to preserve the economic value of solar radiation falling on structures, investments in solar energy devices, and options for future uses of solar energy.
SECTION 2. Chapter 196, Hawaii Revised Statutes, is amended by adding two new sections to be appropriately designated and to read as follows:
"§196- County authority to create solar
easements. (a) The governing body of a county may create, by
ordinance, a process for the recordation and enforcement of solar easements.
Counties may require individuals claiming a solar
easement to record that solar easement by filing a declaration with the
county clerk where the property burdened by a solar easement is located or
where any portion of the properties on which a solar easement is claimed is
located. The declaration shall include a
description of the dimensions of the solar easement expressed in measurable
terms, such as vertical or horizontal angles measured in degrees; the hours of
the day on specified dates during which direct sunlight to a specified surface
of a solar energy device may not be obstructed; or a combination of these
descriptions. A solar easement may be
considered an easement appurtenant, and a suit to enforce a solar easement may
be brought at law or in equity. Any
instrument creating a solar easement shall be recorded in the bureau of
conveyances or the land court.
(b)
For the purposes of this section:
"Solar easement" means a
right, expressed as an easement, restriction, covenant, or condition contained
in any deed, contract, or other written instrument, executed by or on behalf of
any landowner for the purpose of assuring adequate access to direct sunlight
for solar energy devices.
"Solar energy device" has the
same meaning as in section 196-7.
§196- County authority to require trimming of vegetation blocking solar energy device. The governing body of a county may require, by ordinance, the trimming of vegetation that blocks solar radiation from a solar energy device as defined under section 196-7. The ordinance may include but is not limited to a designation of responsibility for the costs of the trimming. The ordinance shall not require the trimming of vegetation if the owner or occupant of the property on which the vegetation is located planted the vegetation before the installation of the solar energy device."
SECTION 3. New statutory material is underscored.
SECTION 4. This Act shall take effect upon its approval.
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INTRODUCED BY: |
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Report Title:
Solar Energy Device; Solar Easement; Solar Access; Trimming Vegetation; Counties; Ordinance
Description:
Permits the governing body of a county to create, by ordinance, a process for the recordation and enforcement of solar easements. Allows counties to require individuals claiming a solar easement to record that easement by filing a declaration with the county clerk. Permits the governing body of a county to require, by ordinance, the trimming of vegetation that blocks solar radiation from solar energy devices. Authorizes the ordinance to include a designation for the cost of trimming.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.