Hawaii 2022 Regular Session

Hawaii Senate Bill SB2413 Compare Versions

Only one version of the bill is available at this time.

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1	1	THE SENATE S.B. NO. 2413 THIRTY-FIRST LEGISLATURE, 2022 STATE OF HAWAII A BILL FOR AN ACT Relating to energy efficient technologies. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
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3	3	THE SENATE S.B. NO. 2413
4	4	THIRTY-FIRST LEGISLATURE, 2022
5	5	STATE OF HAWAII
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7	7	THE SENATE
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9	9	S.B. NO.
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11	11	2413
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13	13	THIRTY-FIRST LEGISLATURE, 2022
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17	17	STATE OF HAWAII
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31	31	A BILL FOR AN ACT
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37	37	Relating to energy efficient technologies.
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43	43	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
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47	47	SECTION 1. The legislature finds that expanding energy-efficiency practices in the State is a fundamental principle of the Hawaii 2050 Sustainability Plan and a mandated action plan pursuant to section 226-65, Hawaii Revised Statutes. The State is aligned with the United States Department of Energy's National Action Plan and the United Nations' Sustainable Development Goals to promote energy conservation and efficiency, and to improve access to and availability of energy-efficient technologies. The legislature further finds that cool roofs are one such energy-efficient technology that can reduce the ambient air temperature inside a building by several degrees, thereby requiring less energy use to cool the building. A cool roof is defined as having a Solar Reflective Index of 65 or greater according to United States Energy Star guidelines. Additionally, a recent study published in the International Journal of Low-Carbon Technologies shows that a cool roof combined with photovoltaic solar panels can improve a building's renewable energy generating capacity by five to ten per cent. Moreover, cool roofs also reduce the heat island effect of buildings for the surrounding wildlife habitat and urban and suburban community, and is thus recommended by the United States Green Building Council. The legislature additionally finds that, despite the benefits of and explicit state priorities for, energy-efficient technologies, homeowners in Hawaii may still be prevented from or penalized for installing energy-efficient technologies by their homeowners' associations or restrictive covenants. Although section 196-7, Hawaii Revised Statutes, protects homeowners for the placement of solar energy devices, and section 196-8.5, Hawaii Revised Statutes, protects homeowners for the placement of clotheslines as an energy-savings device, existing law is silent on the placement of energy-efficient technologies such as cool roofs or solar fans. The purpose of this Act is to allow all homeowners to install energy-efficient technologies and to establish a financial penalty for noncompliant homeowners' associations or restrictive covenants by requiring them to pay a fine to the energy security special fund as well as the legal costs of homeowners who seek to install energy efficient technologies. SECTION 2. Chapter 196, Hawaii Revised Statutes, is amended by adding a new section to part I to be appropriately designated and to read as follows: "§196- Placement 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 using or installing energy efficient technologies. Any provision in any lease, instrument, or contract contrary to the intent of this section shall be void and unenforceable. (b) Every private entity may adopt rules that reasonably regulate the placement and use of energy efficient technologies; provided that the rules shall not impose conditions or restrictions on the use of energy efficient technologies that are not related to compliance with building code provisions or other provisions of law. No private entity shall assess or charge any homeowner any fees for the placement and use of energy-efficient technologies. (c) Any private entity that does not comply with this section shall be liable for reasonable legal fees and costs of homeowners who bring actions to enforce this section; and in addition shall be fined an amount not exceeding $ ; provided that the fine shall be deposited into the energy security special fund established under section 201-12.8. (d) For the purposes of this section, "energy efficient technologies" means systems or technologies designed to perform the same or equivalent functions to standard systems or technologies while using less energy. "Energy efficient technologies" includes solar fans and cool roofs; provided that the term shall not include solar energy devices pursuant to section 196-7, electric vehicle charging systems pursuant to section 196-7.5, and any other energy efficient system specifically covered by another provision in this chapter." SECTION 3. Section 514B-140, Hawaii Revised Statutes, is amended by amending subsection (c) to read as follows: "(c) Subject to the provisions of the declaration, nonmaterial additions to or alterations of the common elements or units, including, without limitation, additions to or alterations of a unit made within the unit or within a limited common element appurtenant to and for the exclusive use of the unit, shall require approval only by the board, which shall not unreasonably withhold the approval, and such percentage, number, or group of unit owners as may be required by the declaration or bylaws; provided that: (1) The installation of solar energy devices by owners of condominium units shall be allowed upon written consent of the board; and (2) The installation of solar energy devices, electric vehicle charging stations, and energy efficient technologies shall be allowed on single-family residential dwellings or townhouses pursuant to the provisions in [section] sections 196‑7[.], 196-7.5, and 196- , respectively." SECTION 4. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored. SECTION 5. This Act shall take effect upon its approval. INTRODUCED BY: _____________________________
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49	49	SECTION 1. The legislature finds that expanding energy-efficiency practices in the State is a fundamental principle of the Hawaii 2050 Sustainability Plan and a mandated action plan pursuant to section 226-65, Hawaii Revised Statutes. The State is aligned with the United States Department of Energy's National Action Plan and the United Nations' Sustainable Development Goals to promote energy conservation and efficiency, and to improve access to and availability of energy-efficient technologies.
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51	51	The legislature further finds that cool roofs are one such energy-efficient technology that can reduce the ambient air temperature inside a building by several degrees, thereby requiring less energy use to cool the building. A cool roof is defined as having a Solar Reflective Index of 65 or greater according to United States Energy Star guidelines. Additionally, a recent study published in the International Journal of Low-Carbon Technologies shows that a cool roof combined with photovoltaic solar panels can improve a building's renewable energy generating capacity by five to ten per cent. Moreover, cool roofs also reduce the heat island effect of buildings for the surrounding wildlife habitat and urban and suburban community, and is thus recommended by the United States Green Building Council.
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53	53	The legislature additionally finds that, despite the benefits of and explicit state priorities for, energy-efficient technologies, homeowners in Hawaii may still be prevented from or penalized for installing energy-efficient technologies by their homeowners' associations or restrictive covenants. Although section 196-7, Hawaii Revised Statutes, protects homeowners for the placement of solar energy devices, and section 196-8.5, Hawaii Revised Statutes, protects homeowners for the placement of clotheslines as an energy-savings device, existing law is silent on the placement of energy-efficient technologies such as cool roofs or solar fans.
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55	55	The purpose of this Act is to allow all homeowners to install energy-efficient technologies and to establish a financial penalty for noncompliant homeowners' associations or restrictive covenants by requiring them to pay a fine to the energy security special fund as well as the legal costs of homeowners who seek to install energy efficient technologies.
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57	57	SECTION 2. Chapter 196, Hawaii Revised Statutes, is amended by adding a new section to part I to be appropriately designated and to read as follows:
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59	59	"§196- Placement 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 using or installing energy efficient technologies. Any provision in any lease, instrument, or contract contrary to the intent of this section shall be void and unenforceable.
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61	61	(b) Every private entity may adopt rules that reasonably regulate the placement and use of energy efficient technologies; provided that the rules shall not impose conditions or restrictions on the use of energy efficient technologies that are not related to compliance with building code provisions or other provisions of law. No private entity shall assess or charge any homeowner any fees for the placement and use of energy-efficient technologies.
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63	63	(c) Any private entity that does not comply with this section shall be liable for reasonable legal fees and costs of homeowners who bring actions to enforce this section; and in addition shall be fined an amount not exceeding $ ; provided that the fine shall be deposited into the energy security special fund established under section 201-12.8.
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65	65	(d) For the purposes of this section, "energy efficient technologies" means systems or technologies designed to perform the same or equivalent functions to standard systems or technologies while using less energy. "Energy efficient technologies" includes solar fans and cool roofs; provided that the term shall not include solar energy devices pursuant to section 196-7, electric vehicle charging systems pursuant to section 196-7.5, and any other energy efficient system specifically covered by another provision in this chapter."
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67	67	SECTION 3. Section 514B-140, Hawaii Revised Statutes, is amended by amending subsection (c) to read as follows:
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69	69	"(c) Subject to the provisions of the declaration, nonmaterial additions to or alterations of the common elements or units, including, without limitation, additions to or alterations of a unit made within the unit or within a limited common element appurtenant to and for the exclusive use of the unit, shall require approval only by the board, which shall not unreasonably withhold the approval, and such percentage, number, or group of unit owners as may be required by the declaration or bylaws; provided that:
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71	71	(1) The installation of solar energy devices by owners of condominium units shall be allowed upon written consent of the board; and
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73	73	(2) The installation of solar energy devices, electric vehicle charging stations, and energy efficient technologies shall be allowed on single-family residential dwellings or townhouses pursuant to the provisions in [section] sections 196‑7[.], 196-7.5, and 196- , respectively."
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75	75	SECTION 4. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
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77	77	SECTION 5. This Act shall take effect upon its approval.
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81	81	INTRODUCED BY: _____________________________
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83	83	INTRODUCED BY:
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91	91	Report Title: Energy Efficient Technologies; Homeowner Associations; Restrictive Covenants Description: Prohibits homeowner associations and restrictive covenants from preventing the use or installation of energy efficient technologies. Imposes a fine on private entities that do not comply with prohibitions on preventing the use or installation of energy efficient technologies. The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
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97	97	Report Title:
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99	99	Energy Efficient Technologies; Homeowner Associations; Restrictive Covenants
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103	103	Description:
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105	105	Prohibits homeowner associations and restrictive covenants from preventing the use or installation of energy efficient technologies. Imposes a fine on private entities that do not comply with prohibitions on preventing the use or installation of energy efficient technologies.
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113	113	The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.