HOUSE OF REPRESENTATIVES

H.B. NO.

328

THIRTY-FIRST LEGISLATURE, 2021

H.D. 2

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

     "§196-     Installation of energy-efficient technologies.  (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 installing energy-efficient technologies 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)  Every private entity shall review, and if necessary modify, its rules no later than December 31, 2022, to allow for the placement of energy-efficient technologies.  The rules shall facilitate the placement of energy-efficient technologies and shall not increase the cost of installation, maintenance, and removal of the technologies.  No private entity shall assess or charge any homeowner any fees for the placement of any energy‑efficient technology.

     (c)  Any person may place an energy-efficient technology on any single-family residential dwelling or townhouse unit only if it is fully owned by that person; provided that:

     (1)  The technology is in compliance with the rules and specifications adopted pursuant to subsection (b); and

     (2)  The technology is registered with the private entity of record within thirty days of installation.

     (d)  For the purposes of this section:

     "Energy-efficient technologies" means vents or louvers that passively exhaust hot air; solar attic fans; skylights and ENERGY STAR certified cool roofs; ENERGY STAR certified whole house fans; and ENERGY STAR certified energy-efficient outdoor lighting devices.

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

     SECTION 2.  New statutory material is underscored.

     SECTION 3.  This Act shall take effect on July 1, 2050.



 

Report Title:

Energy-Efficient Technologies; Single-Family Residential Dwellings; Townhouses; Installation

 

Description:

Allows for the installation of certain energy-efficient technologies on any privately owned single-family residential dwelling or townhouse, with limited restrictions.  Requires private entities to review, and if necessary, change rules to allow for the placement of those technologies.  Effective 7/1/2050.  (HD2)

 

 

 

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