HOUSE OF REPRESENTATIVES	H.B. NO.	2042
THIRTY-FIRST LEGISLATURE, 2022		H.D. 2
STATE OF HAWAII

A BILL FOR AN ACT

 

 

RELATING TO SOLAR ENERGY.

 

 

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

 

     SECTION 1.  The legislature finds that the development, expansion, and protection of solar energy will help to meet the present and future energy needs and renewable energy mandates of the State.  The legislature further finds that the use of renewable energy sources, including solar energy, can reduce the prohibitive costs of electrical power and other depletable sources of energy; however, solar energy systems require direct access to sunlight to be functional and operate efficiently.

     The purpose of this Act is to authorize the counties to create a process for the recordation and enforcement of solar easements in order to preserve the economic value of solar radiation falling on structures, investments in solar energy devices, and options for future uses of solar energy.

     SECTION 2.  Chapter 196, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

     "§196-     County authority to create solar easements.  (a)  The governing body of a county may create, by ordinance, a process for the recordation and enforcement of solar easements.  Counties may require individuals claiming a solar right to record that right by filing a declaration with the county clerk where the property burdened by a solar right is located or where any portion of the properties on which a solar right is claimed is located.  The declaration shall include a description of the dimensions of the easement expressed in measurable terms, such as vertical or horizontal angles measured in degrees; the hours of the day on specified dates during which direct sunlight to a specified surface of a solar energy device may not be obstructed; or a combination of these descriptions.  A solar right may be considered an easement appurtenant, and a suit to enforce a solar right may be brought at law or in equity.  Any instrument creating a solar easement shall be recorded in the bureau of conveyances or the land court.

     (b)  For the purposes of this section:

     "Solar easement" means a right, expressed as an easement, restriction, covenant, or condition contained in any deed, contract, or other written instrument, executed by or on behalf of any landowner for the purpose of assuring adequate access to direct sunlight for solar energy devices.

     "Solar energy device" has the same meaning as in section 196-7."

     SECTION 3.  New statutory material is underscored.

     SECTION 4.  This Act shall take effect on July 1, 2100.

 

 

 

Report Title:

Solar Energy Device; Solar Easement; Solar Access; Counties

 

Description:

Authorizes the governing body of a county to create, by ordinance, a process for the recordation and enforcement of solar easements.  Allows counties to require individuals claiming a solar right to record that right by filing a declaration with the county clerk.  Effective 7/1/2100.  (HD2)

 

 

 

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