| Old | New | Differences | |
|---|---|---|---|
| 1 | - | HOUSE OF REPRESENTATIVES H.B. NO. 328 THIRTY-FIRST LEGISLATURE, 2021 H.D. | |
| 1 | + | HOUSE OF REPRESENTATIVES H.B. NO. 328 THIRTY-FIRST LEGISLATURE, 2021 H.D. 1 STATE OF HAWAII A BILL FOR AN ACT RELATING TO ENERGY EFFICIENCY. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII: | |
| 2 | 2 | ||
| 3 | 3 | HOUSE OF REPRESENTATIVES H.B. NO. 328 | |
| 4 | - | THIRTY-FIRST LEGISLATURE, 2021 H.D. | |
| 4 | + | THIRTY-FIRST LEGISLATURE, 2021 H.D. 1 | |
| 5 | 5 | STATE OF HAWAII | |
| 6 | 6 | ||
| 7 | 7 | HOUSE OF REPRESENTATIVES | |
| 8 | 8 | ||
| 9 | 9 | H.B. NO. | |
| 10 | 10 | ||
| 11 | 11 | 328 | |
| 12 | 12 | ||
| 13 | 13 | THIRTY-FIRST LEGISLATURE, 2021 | |
| 14 | 14 | ||
| 15 | - | H.D. | |
| 15 | + | H.D. 1 | |
| 16 | 16 | ||
| 17 | 17 | STATE OF HAWAII | |
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| 30 | 30 | ||
| 31 | 31 | A BILL FOR AN ACT | |
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| 33 | 33 | ||
| 34 | 34 | ||
| 35 | 35 | ||
| 36 | 36 | ||
| 37 | 37 | RELATING TO ENERGY EFFICIENCY. | |
| 38 | 38 | ||
| 39 | 39 | ||
| 40 | 40 | ||
| 41 | 41 | ||
| 42 | 42 | ||
| 43 | 43 | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII: | |
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| 45 | 45 | ||
| 46 | 46 | ||
| 47 | - | 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 | |
| 47 | + | 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 the 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 adopt rules by December 31, 2022, that provide for the placement of energy-efficient technologies. The rules shall facilitate the placement of energy-efficient technologies and shall not impose conditions or restrictions that render the technologies more than twenty-five per cent less efficient or increase the cost of installation, maintenance, and removal of the technologies by more than fifteen per cent. 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 owned by that person; provided that: (1) The technology is in compliance with the rules and specifications adopted pursuant to subsection (b); (2) The technology is registered with the private entity of record within thirty days of installation; and (3) If the technology is placed on a common element or limited common element as defined by a project's declaration, the homeowner shall first obtain the consent of the private entity; provided further that consent shall be given if the homeowner agrees in writing to: (A) Comply with the private entity's design specification for the installation of the technology; (B) Engage a duly licensed contractor to install the technology, except in the case of an energy-efficient outdoor lighting device; and (C) Within fourteen days of approval of the technology by the private entity, provide a certificate of insurance naming the private entity as an additional insured on the homeowner's insurance policy, except in the case of an energy-efficient outdoor lighting device. (d) If an energy-efficient technology is placed on a common element or limited common element: (1) The owner and each successive owner of the single-family residential dwelling or townhouse unit on which the technology is placed shall be responsible for any costs for damages to the technology, common elements, limited common elements, and any adjacent units, arising or resulting from the installation, maintenance, repair, removal, or replacement of the technology. The repair, maintenance, removal, and replacement responsibilities shall be assumed by each successive owner until the technology has been removed from the common elements or limited common elements. The owner and each successive owner shall at all times have and maintain a policy of insurance covering the obligations of the owner under this paragraph and shall name the private entity as an additional insured under said policy, except in the case of an energy-efficient outdoor lighting device; and (2) The owner and any successive owner of the single-family residential dwelling or townhouse unit on which the device is placed shall be responsible for removing the technology if reasonably necessary or convenient for the repair, maintenance, or replacement of the common elements or limited common elements. (e) For the purposes of this section: "Energy-efficient technologies" includes cool roofs, whole house fans and associated vents or louvers, and 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. | |
| 48 | 48 | ||
| 49 | 49 | SECTION 1. Chapter 196, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows: | |
| 50 | 50 | ||
| 51 | - | "§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. | |
| 51 | + | "§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 the 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. | |
| 52 | 52 | ||
| 53 | - | (b) Every private entity shall | |
| 53 | + | (b) Every private entity shall adopt rules by December 31, 2022, that provide for the placement of energy-efficient technologies. The rules shall facilitate the placement of energy-efficient technologies and shall not impose conditions or restrictions that render the technologies more than twenty-five per cent less efficient or increase the cost of installation, maintenance, and removal of the technologies by more than fifteen per cent. No private entity shall assess or charge any homeowner any fees for the placement of any energy-efficient technology. | |
| 54 | 54 | ||
| 55 | - | (c) Any person may place an energy-efficient technology on any single-family residential dwelling or townhouse unit | |
| 55 | + | (c) Any person may place an energy-efficient technology on any single-family residential dwelling or townhouse unit owned by that person; provided that: | |
| 56 | 56 | ||
| 57 | - | (1) The technology is in compliance with the rules and specifications adopted pursuant to subsection (b); | |
| 57 | + | (1) The technology is in compliance with the rules and specifications adopted pursuant to subsection (b); | |
| 58 | 58 | ||
| 59 | - | (2) The technology is registered with the private entity of record within thirty days of installation | |
| 59 | + | (2) The technology is registered with the private entity of record within thirty days of installation; and | |
| 60 | 60 | ||
| 61 | - | ( | |
| 61 | + | (3) If the technology is placed on a common element or limited common element as defined by a project's declaration, the homeowner shall first obtain the consent of the private entity; provided further that consent shall be given if the homeowner agrees in writing to: | |
| 62 | 62 | ||
| 63 | - | "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. | |
| 63 | + | (A) Comply with the private entity's design specification for the installation of the technology; | |
| 64 | + | ||
| 65 | + | (B) Engage a duly licensed contractor to install the technology, except in the case of an energy-efficient outdoor lighting device; and | |
| 66 | + | ||
| 67 | + | (C) Within fourteen days of approval of the technology by the private entity, provide a certificate of insurance naming the private entity as an additional insured on the homeowner's insurance policy, except in the case of an energy-efficient outdoor lighting device. | |
| 68 | + | ||
| 69 | + | (d) If an energy-efficient technology is placed on a common element or limited common element: | |
| 70 | + | ||
| 71 | + | (1) The owner and each successive owner of the single-family residential dwelling or townhouse unit on which the technology is placed shall be responsible for any costs for damages to the technology, common elements, limited common elements, and any adjacent units, arising or resulting from the installation, maintenance, repair, removal, or replacement of the technology. The repair, maintenance, removal, and replacement responsibilities shall be assumed by each successive owner until the technology has been removed from the common elements or limited common elements. The owner and each successive owner shall at all times have and maintain a policy of insurance covering the obligations of the owner under this paragraph and shall name the private entity as an additional insured under said policy, except in the case of an energy-efficient outdoor lighting device; and | |
| 72 | + | ||
| 73 | + | (2) The owner and any successive owner of the single-family residential dwelling or townhouse unit on which the device is placed shall be responsible for removing the technology if reasonably necessary or convenient for the repair, maintenance, or replacement of the common elements or limited common elements. | |
| 74 | + | ||
| 75 | + | (e) For the purposes of this section: | |
| 76 | + | ||
| 77 | + | "Energy-efficient technologies" includes cool roofs, whole house fans and associated vents or louvers, and energy-efficient outdoor lighting devices. | |
| 64 | 78 | ||
| 65 | 79 | "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." | |
| 66 | 80 | ||
| 67 | 81 | SECTION 2. New statutory material is underscored. | |
| 68 | 82 | ||
| 69 | 83 | SECTION 3. This Act shall take effect on July 1, 2050. | |
| 70 | 84 | ||
| 71 | - | Report Title: Energy-Efficient Technologies; | |
| 85 | + | Report Title: Energy-Efficient Technologies; Cool Roof; Whole House Fan; Outdoor Lighting Device; 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 adopt rules regarding the placement of those technologies. Effective 7/1/2050. (HD1) The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent. | |
| 72 | 86 | ||
| 73 | 87 | ||
| 74 | 88 | ||
| 75 | 89 | Report Title: | |
| 76 | 90 | ||
| 77 | - | Energy-Efficient Technologies; | |
| 91 | + | Energy-Efficient Technologies; Cool Roof; Whole House Fan; Outdoor Lighting Device; Installation | |
| 78 | 92 | ||
| 79 | 93 | ||
| 80 | 94 | ||
| 81 | 95 | Description: | |
| 82 | 96 | ||
| 83 | - | 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 | |
| 97 | + | 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 adopt rules regarding the placement of those technologies. Effective 7/1/2050. (HD1) | |
| 84 | 98 | ||
| 85 | 99 | ||
| 86 | 100 | ||
| 87 | 101 | ||
| 88 | 102 | ||
| 89 | 103 | ||
| 90 | 104 | ||
| 91 | 105 | The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent. |