HOUSE OF REPRESENTATIVES	H.B. NO.	2368
THIRTY-SECOND LEGISLATURE, 2024
STATE OF HAWAII

A BILL FOR AN ACT

RELATING TO ENERGY EFFICIENCY.

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

SECTION 1. Section 196-6.5, Hawaii Revised Statutes, is amended to read as follows:

"§196-6.5 Solar water heater system required for new single-family residential construction. (a) On or after January 1, 2010, no building permit shall be issued for a new single-family dwelling that does not include a solar water heater system that meets the standards established pursuant to section 269-44, unless the [chief energy officer of the Hawaii state energy office] appropriate county planning department approves a variance. A variance application shall only be accepted if submitted by an architect or mechanical engineer licensed under chapter 464, who attests that:

(1) Installation is impracticable due to poor solar resource;

(2) Installation is cost-prohibitive based upon a life cycle cost-benefit analysis that incorporates the average residential utility bill and the cost of the new solar water heater system with a life cycle that does not exceed fifteen years;

(3) A renewable energy technology system, as defined in section 235-12.5, is substituted for use as the primary energy source for heating water; or

(4) A demand water heater device approved by Underwriters Laboratories, Inc., is installed; provided that at least one other gas appliance is installed in the dwelling. For the purposes of this paragraph, "demand water heater" means a gas-tankless instantaneous water heater that provides hot water only as it is needed.

(b) A request for a variance shall be submitted to the [chief energy officer of the Hawaii state energy office] appropriate county planning department on an application prescribed by the [chief energy officer of the Hawaii state energy office] county planning department and shall include a description of the location of the property and justification for the approval of a variance using the criteria established in subsection (a). A variance shall be deemed approved if not denied within thirty working days after receipt of the variance application. The [chief energy officer of the Hawaii state energy office] appropriate county planning department shall publicize:

(1) All applications for a variance within seven days after receipt of the variance application; and

(2) The disposition of all applications for a variance within seven days of the determination of the variance application.

(c) The director of [business, economic development, and tourism] the appropriate county planning department may [adopt rules pursuant to chapter 91 to] impose and collect fees to cover the costs of administering variances under this section. The fees, if any, shall be deposited into the [energy security special fund established under section 201-12.8.] appropriate county planning department operating fund.

(d) Nothing in this section shall preclude any county from establishing procedures and standards required to implement this section.

(e) Nothing in this section shall preclude participation in any utility demand-side management program or public benefits fee program under part VII of chapter 269."

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

SECTION 3. This Act, upon its approval, shall take effect on July 1, 2025.

INTRODUCED BY:	_____________________________
	BY REQUEST

Report Title:

Solar Energy Devices; Water Heating; Residential; Counties

Description:

Allows the department of planning for each county to approve a variance for the installation of solar water heater systems. Authorizes the department of planning for each county to impose and collect fees for the administration of the solar water heater system variances.

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