Report Title:

Solar energy devices; installation; limitations

Description:

Allows for the installation of solar energy devices on any single-family residential dwelling or townhouse owned by an individual. Provides for limited restrictions.

HOUSE OF REPRESENTATIVES

H.B. NO.

2969

TWENTY-SECOND LEGISLATURE, 2004

 

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

relating to solar energy devices.

 

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

SECTION 1. Section 196-7, Hawaii Revised Statutes, is amended to read as follows:

"[[]196-7[]] Placement of solar energy devices. (a) Notwithstanding any law to the contrary, no person shall be prevented by any covenant, declaration, by-laws, restriction, deed, lease, term, provision, condition, codicil, [or] contract, or similar binding agreements, however worded, from installing a solar energy device on 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) For the purposes of this section, "solar energy device" means any identifiable facility, equipment, apparatus, or the like, including a photovoltaic cell application, that is applicable to a single-family residential dwelling or townhouse and makes use of solar energy for heating, cooling, or reducing the use of other types of energy dependent upon fossil fuel for generation.]

(b) The provisions contained in subsection (a) of this section shall supercede any and all other provisions to the contrary contained in the Hawaii Revised Statutes, including but not limited to section 514A-89, regardless of the legal form of the private entity in which any single-family dwelling or townhouse is situated.

(c) Every single-family residential dwelling and townhouse association shall adopt rules and regulations that provide for the placement of solar energy devices. The rules and regulations shall facilitate the placement of solar energy devices and shall not unduly restrict such 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. No private entity shall assess, charge, or otherwise cause any homeowner to pay any fees for placement of any solar energy device.

(d) Any person may place a solar energy device on any single-family residential dwelling or townhouse owned by that person without prior approval from any private entity; provided that the person shall register that device with the private entity of record, if any, within a reasonable time period.

(e) Any person who places a solar energy device on any single-family residential dwelling or townhouse owned by that person, where the device is located on a common element or limited common elements, is responsible for the following common element or limited common element costs attributable to the device:

(1) Damages and repair costs;

(2) Removal and replacement costs; and

(3) Maintenance and repair costs.

(f) For the purposes of this section:

"Private entity" means any association of homeowners, community association, condominium association, cooperative, or any other non-governmental entity to which a homeowner is subject; and

"Solar energy device" means any identifiable facility, equipment, apparatus, or the like, including a photovoltaic cell application, that is applicable to a single-family residential dwelling or townhouse and makes use of solar energy for heating, cooling, or reducing the use of other types of energy dependent upon fossil fuel for generation."

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

SECTION 3. This Act shall take effect upon its approval.

INTRODUCED BY:

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