HOUSE OF REPRESENTATIVES

H.B. NO.

2029

TWENTY-SEVENTH LEGISLATURE, 2014

H.D. 1

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

RELATING TO ENERGY STAR PRODUCTS.

 

 

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

 


     SECTION 1.  The legislature finds that due to the increasing costs of utilities, it is vital for the State and its citizens to invest in energy saving technology.  Therefore, it is counterproductive to deny people the right to invest in energy saving products.

     The legislature further finds that "cool roofing" technology has been recognized as one of the easiest and most cost-effective ways of lowering energy consumption.  Forty per cent solar reflectivity is achieved through the color of the shingles, which is a mixture of both green and white. 

     Despite the benefits that may result from acquiring ENERGY STAR products, certain private entities deny citizens the right to invest in these products because the entities object to the color of the products.

     The purpose of this Act is to ensure that no person shall be denied the right of purchasing and installing ENERGY STAR products on and within their home.

     SECTION 2.  Chapter 196, Hawaii Revised Statutes, is amended by adding a new section to part I to be appropriately designated and to read as follows:

     "§196-    ENERGY STAR products.  (a)  Notwithstanding any law to the contrary, no person shall be prevented by any covenant, declaration, bylaws, restriction, deed, lease, term, provision, condition, codicil, contract, or similar binding agreement, however worded, from purchasing and installing ENERGY STAR products on and within any single-family residential dwelling or townhouse that the person owns.  Any provision in any lease, instrument, or contract contrary to the intent of this section shall be void and unenforceable.

(b)  A private entity may adopt standards that reasonably restrict the placement and use of ENERGY STAR products on and within the premises of any single-family residential dwelling or townhouse; provided that those restrictions do not prohibit the use of ENERGY STAR products altogether.  No private entity shall assess or charge any homeowner any fees for the use of ENERGY STAR products.

(c)  For the purposes of this section:

     "Private entity" means any association of homeowners, community association, condominium association, cooperative, or any other nongovernmental entity with covenants, bylaws, and administrative provisions with which the homeowner's compliance is required."

     SECTION 3.  New statutory material is underscored.

     SECTION 4.  This Act shall take effect upon its approval.


 


 

Report Title:

ENERGY STAR Products; Energy Efficiency

 

Description:

Prohibits entities such as homeowners associations from denying a person the right to purchase and install ENERGY STAR products on or within a single family residential dwelling or townhouse the person owns.  (HB2029 HD1)

 

 

 

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