STAND. COM. REP. NO.  298

 

Honolulu, Hawaii

                , 2009

 

RE:   H.B. No. 197

 

 

 

 

Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-Fifth State Legislature

Regular Session of 2009

State of Hawaii

 

Sir:

 

     Your Committee on Energy & Environmental Protection, to which was referred H.B. No. 197 entitled:

 

"A BILL FOR AN ACT RELATING TO CONDOMINIUMS,"

 

begs leave to report as follows:

 

     The purpose of this bill is to help reduce Hawaii's independence on fossil fuels by providing boards of directors of condominium owners' associations (Boards) the authority to install or permit installation of solar energy or wind energy devices on common elements of the project.

 

     The Sierra Club, Hawaii Chapter, Blue Planet Foundation, Hawaii Solar Energy Association, and Community Associations Institute testified in support of this bill.

 

     Present condominium law requires 67 percent or even 75 percent approval of the unit owners to use the common elements for solar energy or wind energy projects.  This bill would allow Boards to install such devices, and circumvent the requisite high levels of approval, which, combined with owner apathy, can defeat the best efforts of Boards to install solar energy or wind energy devices in the project.  If there is concern that this bill would give Boards too broad an authority, an alternative would be to reduce the approval requirement to allow such installations, to a simple majority, or 50.1 percent.  If these types of energy-saving devices can help reduce operational costs to benefit an association as a whole, a simple majority should be adequate to address the common interests of all owners.

     Your Committee also respectfully requests that the Committee on Consumer Protection & Commerce consider replacing the reference to "equipment sold" with "equipment to be installed" in the definition of wind energy devices.

 

     As affirmed by the record of votes of the members of your Committee on Energy & Environmental Protection that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 197 and recommends that it pass Second Reading and be referred to the Committee on Consumer Protection & Commerce.

 

 

Respectfully submitted on behalf of the members of the Committee on Energy & Environmental Protection,

 

 

 

 

____________________________

HERMINA MORITA, Chair