Report Title:

Solar Devices

 

Description:

Prohibits condominium associations and like entities from preventing homeowners of single-family residential dwellings or townhouses from installing a solar energy device that meets engineered designed systems.

 


HOUSE OF REPRESENTATIVES

H.B. NO.

1990

TWENTY-FOURTH LEGISLATURE, 2008

 

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT


 

 

RELATING TO ENERGY RESOURCES.

 

 

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

 


     SECTION 1.  The purpose of this Act is to prohibit condominium associations and like entities from preventing the placement of solar energy devices that are engineered designed systems on the grounds that the solar energy devices do not meet the association's design specifications.

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

     "(b)  Every private entity shall adopt rules by December 31, 2006, that provide for the placement of solar energy devices.  The rules shall facilitate the placement of solar energy devices and shall not unduly or unreasonably restrict that placement so as to render the device more than twenty-five per cent less efficient or to increase the cost of the device by more than fifteen per cent.  Under no circumstances shall the rules prohibit the installation of solar energy devices that are engineered designed systems.  No private entity shall assess or charge any homeowner any fees for the placement of any solar energy device.

     (c)  Any person may place a solar energy device on any single-family residential dwelling or townhouse unit 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 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; provided that under no circumstance shall the private entity's design specifications preempt engineered designed systems;

         (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."

     SECTION 3.  New statutory material is underscored.

     SECTION 4.  This Act shall take effect on July 1, 2008.

 

INTRODUCED BY:

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