Bill Text: HI SB646 | 2015 | Regular Session | Amended
Bill Title: Household Energy Demand; Clotheslines; Residential Property; Reasonable Restrictions
Spectrum: Partisan Bill (Democrat 4-0)
Status: (Engrossed - Dead) 2015-03-25 - Passed Second Reading and referred to the committee(s) on CPC with Representative(s) Cullen, Fukumoto Chang voting aye with reservations; none voting no (0) and Representative(s) Ing, Luke excused (2). [SB646 Detail]
Download: Hawaii-2015-SB646-Amended.html
THE SENATE |
S.B. NO. |
646 |
TWENTY-EIGHTH LEGISLATURE, 2015 |
S.D. 2 |
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STATE OF HAWAII |
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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. Section 196-8.5, Hawaii Revised Statutes, is amended by amending subsections (a) and (b) to read as follows:
"(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 clothesline on any
[single-family] residential dwelling, apartment, condominium, 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 may adopt rules that
reasonably restrict the placement and use of clotheslines for the purpose of
drying clothes on the premises of any [single-family] residential
dwelling, apartment, condominium, or townhouse; provided that those
restrictions do not prohibit the use of clotheslines [altogether]. A
reasonable restriction is any restriction that is necessary to protect:
(1) Public health and safety, including but not limited to ensuring safe access to and rapid evacuation of buildings;
(2) Buildings from damage;
(3) Historic or aesthetic values, when an alternative of reasonably comparable cost and convenience is available; or
(4) Shorelines under shoreline setback provisions pursuant to section 205A-43.
No private entity shall assess or charge any homeowner any fees for the placement of any clothesline."
SECTION 2. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 3. This Act shall take effect on July 1, 2050.
Report Title:
Household Energy Demand; Clotheslines; Residential Property; Reasonable Restrictions
Description:
Permits the installation of clotheslines in any residential dwelling, apartment, condominium, or townhouse, under certain conditions. Defines a reasonable restriction on the placement and use of clotheslines as any restriction that is necessary to protect public health and safety, buildings from damage, historic or aesthetic values, or shorelines under certain circumstances. Effective 07/01/2050. (SD2)
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.