Honolulu, Hawaii

, 2021


RE: H.B. No. 860

H.D. 1





Honorable Scott K. Saiki

Speaker, House of Representatives

Thirty-First State Legislature

Regular Session of 2021

State of Hawaii




Your Committee on Energy & Environmental Protection, to which was referred H.B. No. 860 entitled:




begs leave to report as follows:


The purpose of this measure is to, beginning January 1, 2022, prohibit the issuance of building permits for new single-family dwellings that are part of a development of twenty or more dwellings and do not include a rooftop photovoltaic energy generating system, unless a variance is granted.


Your Committee received testimony in support of this measure from Skyline Hawaii, Life of the Land, Our Revolution Hawaii, 350Hawaii, Blue Planet Foundation, Hawaii PV Coalition, Sierra Club of Hawaii, Kauai Climate Action Coalition, and thirteen individuals. Your Committee received testimony in opposition to this measure from the Hawaii Association of REALTORS, Building Industry Association of Hawaii, and Land Use Research Foundation of Hawaii. Your Committee received comments on this measure from the Hawaii State Energy Office and Hawaii Gas.


Your Committee finds that taking advantage of available rooftop space for rooftop solar photovoltaics will be critical for the State in achieving its one hundred percent renewable energy target. By establishing a rooftop solar energy generation system requirement for new, single-family homes, this measure helps the State achieve its renewable energy goals and lowers Hawaii's dependence on nonrenewable energy sources, leading to a more sustainable future.


Your Committee has amended this measure by:


(1) Authorizing the Chief Energy Officer of the Hawaii State Energy Office, rather than the Director of the Department of Business, Economic Development, and Tourism, to adopt rules to impose and collect fees to cover the costs of administering variances;


(2) Changing the effective date to July 1, 2050, to encourage further discussion; and


(3) Making a technical, nonsubstantive amendment for the purposes of clarity, consistency, and style.


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. 860, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 860, H.D. 1, and be referred to your Committee on Consumer Protection & Commerce.



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