Bill Text: HI SB2044 | 2014 | Regular Session | Introduced


Bill Title: Energy Resources; Solar Energy Devices; Solar or Photovoltaic Shingles; Private Entities

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2014-01-15 - Referred to ENE, CPN. [SB2044 Detail]

Download: Hawaii-2014-SB2044-Introduced.html

THE SENATE

S.B. NO.

2044

TWENTY-SEVENTH LEGISLATURE, 2014

 

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

relating to energy resources.

 

 

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

 


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

     1.  By amending subsection (a) to read:

     "(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 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, including any provision to prevent the installation of a solar energy device based on aesthetic reasons, shall be void and unenforceable."

     2.  By amending subsection (f) to read:

     "(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 with covenants, bylaws, and administrative provisions with which the homeowner's compliance is required.

     "Solar energy device" means any identifiable facility, equipment, apparatus, or the like, including a photovoltaic cell application[,] or solar or photovoltaic shingles, 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; provided that "solar energy device" shall not include skylights or windows."

     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  Statutory material to be repealed is bracketed and stricken.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:

_____________________________

 

 


 


 

Report Title:

Energy Resources; Solar Energy Devices; Solar or Photovoltaic Shingles; Private Entities

 

Description:

Specifies that an attempt by a private entity to prevent the installation of a solar energy device on a single-family residential dwelling or townhome based on aesthetic reasons is impermissible.  Clarifies that solar energy devices include solar or photovoltaic shingles.

 

 

 

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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