Bill Text: HI HB1273 | 2010 | Regular Session | Amended
Bill Title: Solar Energy; Clotheslines
Spectrum: Moderate Partisan Bill (Democrat 6-1)
Status: (Enrolled - Dead) 2009-05-11 - Carried over to 2010 Regular Session. [HB1273 Detail]
Download: Hawaii-2010-HB1273-Amended.html
Report Title:
Solar Energy; Clotheslines
Description:
Allows for the use of clotheslines at any privately owned single-family residential dwelling or townhouse. Allows reasonable restrictions on the use of clotheslines. (SD2)
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
1273 |
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TWENTY-FIFTH LEGISLATURE, 2009 |
H.D. 1 |
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STATE OF HAWAII |
S.D. 2 |
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A BILL FOR AN ACT
RELATING TO ENERGY.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The legislature finds that electric clothes dryers make up over ten per cent of many households' total energy use. Reducing the use of electric clothes dryers statewide could substantially decrease the amount of energy that households use and thereby reduce the amount of fossil fuels used to generate electricity in the State.
The legislature finds that simple clotheslines make efficient use of two abundant resources, sun and wind, to dry clothing. For aesthetic reasons, however, many homeowners' associations prohibit the use of clotheslines or render them ineffective through unreasonably restrictive regulation. The legislature further finds that although aesthetic concerns still exist today, they are not necessarily incompatible with environmental and energy security concerns, especially in the current context of high energy costs, climate change issues, and Hawaii's goal of increasing energy independence and maintaining an aesthetically pleasing environment.
The purpose of this Act is to prohibit real estate contracts, agreements, and rules from precluding or rendering ineffective the use of clotheslines on the premises of single‑family dwellings.
SECTION 2. 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[.],
or erecting and using a clothesline for the purpose of drying clothes on the
premises of any detached single-family residential dwelling or townhouse that
the person owns; provided that the board of directors or other private entity
with responsibility for the single‑family dwelling or townhouse may
implement reasonable restrictions with regard to clotheslines; provided further
that the restrictions do not prohibit the use of clotheslines altogether or deny
access to air or sunlight requirements reasonably necessary for the effective
use of the clothesline. Any provision in any lease, instrument, or
contract contrary to the intent of this section 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,] 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[;], including but not limited to photovoltaic cell
applications and clotheslines; provided that for the purposes of this section,
"clothesline" means a rope, cord, or wire on which laundry is hung to
dry; provided further that "solar energy device" shall not
include skylights or windows."
SECTION 3. Section 235-12.5, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:
"(b) For the purposes of this section:
"Actual cost" means costs related to the renewable energy technology systems under subsection (a), including accessories and installation, but not including the cost of consumer incentive premiums unrelated to the operation of the system or offered with the sale of the system and costs for which another credit is claimed under this chapter.
"Renewable energy technology system" means a new system that captures and converts a renewable source of energy, such as wind, heat (solar thermal), or light (photovoltaic) from the sun into:
(1) A usable source of thermal or mechanical energy;
(2) Electricity; or
(3) Fuel[.];
provided that for the purposes of this section "renewable energy technology system" shall not include skylights, windows, or clotheslines.
"Solar or wind energy system" means
any identifiable facility, equipment, apparatus, or the like that converts
insolation or wind energy to useful thermal or electrical energy for heating,
cooling, or reducing the use of other types of energy that are dependent upon
fossil fuel for their generation[.]; provided that for the purposes
of this section, "solar or wind energy system" shall not include
skylights, windows, or clotheslines."
SECTION 4. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun, before its effective date.
SECTION 5. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 6. This Act shall take effect upon its approval.
