Bill Text: HI SB2412 | 2022 | Regular Session | Introduced

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Bill Title: Relating To Solar Energy Devices.

Spectrum: Partisan Bill (Democrat 6-0)

Status: (Introduced - Dead) 2022-01-31 - Re-Referred to CPN, JDC/WAM. [SB2412 Detail]

Download: Hawaii-2022-SB2412-Introduced.html

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THE SENATE	S.B. NO.	2412
THIRTY-FIRST LEGISLATURE, 2022
STATE OF HAWAII

A BILL FOR AN ACT

 

 

relating to solar ENERGY devices.

 

 

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

 

     SECTION 1.  The legislature finds that section 196-7, Hawaii Revised Statutes, prohibits homeowners' associations and other private entities from imposing undue restrictions on homeowners seeking to install solar energy devices.  However, the statute does not specify a means for enforcement, nor does it penalize homeowners' associations that effectively prohibit the installation of otherwise permissible solar energy devices.  This leaves homeowners with the daunting and often cost‑prohibitive course to retain an attorney and seek relief in a court of law.  However, homeowners rarely attempt to enforce their rights because the legal costs often exceed any potential savings generated by the solar energy devices.

     The purpose of this Act is to increase compliance with the law by establishing a fine for homeowners' associations that act improperly and to require those entities to pay the attorney's fees and costs of homeowners who prevail in exercising their legal rights.  Allowing a prevailing homeowner to be awarded attorney's fees and costs will also help to align potential remedies with those allowed by California law.

     SECTION 2.  Section 196-7, Hawaii Revised Statutes, is amended to read as follows:

     "§196-7  Placement of solar energy devices.  (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 shall be void and unenforceable.

     (b)  Every private entity shall adopt rules by December 31, 2006, that provide for the placement of solar energy devices, and revise those rules as necessary by July 1, 2011.  The rules shall facilitate the placement of solar energy devices and shall not impose conditions or restrictions that render the device more than twenty-five per cent less efficient or increase the cost of installation, maintenance, and removal of the device by more than fifteen per cent.  No private entity shall assess or charge any homeowner any fees for the placement of any solar energy device.

     (c)  Any person may place a solar energy device on any single-family residential dwelling or townhouse unit owned by that person, provided that:

     (1)  The device is in compliance with the rules and specifications adopted pursuant to subsection (b);

     (2)  The device is registered with the private entity of record within thirty days of installation; and

     (3)  If the device 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 such 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 device;

          (B)  Engage a duly licensed contractor to install the device; and

          (C)  Within fourteen days of approval of the solar device by the private entity, provide a certificate of insurance naming the private entity as an additional insured on the homeowner's insurance policy.

     (d)  If a solar energy device 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 device is placed shall be responsible for any costs for damages to the device, the common elements, limited common elements, and any adjacent units, arising or resulting from the installation, maintenance, repair, removal, or replacement of the device.  The repair, maintenance, removal, and replacement responsibilities shall be assumed by each successive owner until the solar energy device 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; 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 solar energy device if reasonably necessary or convenient for the repair, maintenance, or replacement of the common elements or limited common elements.

     (e)  If there is an existing contractor's guarantee or manufacturer's labor or material warranty on the roof, roofing membrane, or roofing material on a roof that is a common element or limited common element, the contractor that installs a solar energy device on the roof shall notify the private entity in writing that the installation of a solar energy device may affect or void the roofing guarantees or warranties.  If the private entity chooses to forgo the roofing guarantee or warranty, the contractor that installs a solar energy device shall obtain that decision in writing.  Otherwise, the contractor that installs a solar energy device shall obtain the roofing manufacturer's written approval for that project and follow the roofing manufacturer's written instructions for waterproofing roof penetrations for the specific roofing material or coordinate the waterproofing with the contractor that issued the guarantee or warranty.  If the penetrations for the installation of a solar energy device are waterproofed by the roofing contractor that provided the existing guarantee or warranty, the roofing contractor shall maintain the existing guarantee or warranty; provided that if either the roofing contractor's guaranty or the roofing manufacturer's warranty is no longer in effect, the contractor who installs the solar energy device and waterproofs the penetrations in accordance with this section shall apply the contractor's or lessor's standard labor and workmanship warranty.  The homeowner shall provide the private entity with a copy of the applicable guarantee or warranty.

     (f)  If a homeowner prevails in an action brought under this section, the court shall assess against the private entity:

     (1)  Reasonable attorney's fees and all other expenses reasonably incurred in the litigation by the homeowner; and

     (2)  A fine, not to exceed $          , which shall be deposited in the energy security special fund established pursuant to section 201-12.8.

     [(f)] (g)  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; provided that "solar energy device" shall not include skylights or windows."

     SECTION 3.  Section 201-12.8, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

     "(a)  There is created within the state treasury an energy security special fund, which shall consist of:

     (1)  The portion of the environmental response, energy, and food security tax specified under section 243-3.5;

     (2)  Moneys appropriated to the fund by the legislature;

     (3)  All interest attributable to investment of money deposited in the fund; and

     (4)  Moneys allotted to or deposited in the fund from other sources, including under section 196-6.5."

     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 on July 1, 2022.

 

INTRODUCED BY:	_____________________________

 

 

Report Title:

Solar Energy Devices; Solar Panels; Homeowners' Associations; Fine; Penalty; Attorney's Fees and Costs

 

Description:

Requires homeowners' associations and other private entities to pay the attorney's fees and costs of any homeowner who prevails in a lawsuit to allow the installation of a solar energy device by the homeowner.  Also imposes a fine on the homeowners' associations or other private entity for wrongfully denying the installation of a solar energy device to be paid into the energy security special fund.

 

 

 

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.