Bill Text: HI HB1523 | 2022 | Regular Session | Amended
Bill Title: Relating To Renewable Energy.
Spectrum: Partisan Bill (Democrat 24-0)
Status: (Introduced - Dead) 2022-02-15 - Passed Second Reading as amended in HD 1 and referred to the committee(s) on FIN with Representative(s) Har, Kong, Matayoshi, Okimoto, Tokioka voting aye with reservations; none voting no (0) and Representative(s) McKelvey excused (1). [HB1523 Detail]
Download: Hawaii-2022-HB1523-Amended.html
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
1523 |
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THIRTY-FIRST LEGISLATURE, 2022 |
H.D. 1 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO RENEWABLE ENERGY.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Section 6E-2, Hawaii Revised Statutes, is amended by amending the definition of "project" to read as follows:
""Project" means any activity
directly undertaken by the State or its political subdivisions or supported in
whole or in part through appropriations, contracts, grants, loans, or other
forms of funding assistance from the State or its political subdivisions or
involving any lease, permit, license, certificate, land use change, or other
entitlement for use issued by the State or its political subdivisions. The term "project" excludes the installation
of a roof-mounted photovoltaic
or solar water heater system; provided that if such installation is but one portion
of an activity that constitutes a "project" under this definition, only
the portion of the activity consisting of the installation of the roof-mounted photovoltaic
or solar water heater system shall be excluded from the term "project"."
SECTION 2. Section 6E-10, Hawaii Revised Statutes, is amended to read as follows:
"§6E-10 Privately owned historic property.
(a) Before any construction,
alteration, disposition, or improvement of any nature, by, for, or
permitted by a private landowner may be commenced which will affect an historic
property on the Hawaii register of historic places, the landowner shall notify the
department of the construction, alteration, disposition, or improvement of any
nature and allow the department opportunity for review of the effect of the
proposed construction, alteration, disposition, or improvement of any nature on
the historic property. The proposed
construction, alteration, disposition, or improvement of any nature shall not
be commenced, or in the event it has already begun, continue, until the
department shall have given its concurrence or ninety days have elapsed. Within ninety days after notification, the
department shall:
(1) Commence condemnation proceedings for the purchase of the historic property if the department and property owner do not agree upon an appropriate course of action;
(2) Permit the owner to proceed with the owner's construction, alteration, or improvement; or
(3) In coordination with the owner, undertake or permit the investigation, recording, preservation, and salvage of any historical information deemed necessary to preserve Hawaiian history, by any qualified agency for this purpose.
(b) Nothing in this section shall be construed to
prevent the ordinary maintenance or repair of any feature in or on an historic
property that does not involve a change in design, material, or outer
appearance or change in those characteristics [which] that
qualified the historic property for entry onto the Hawaii register of historic
places.
(c) Any person, natural or corporate, who violates the provisions of this section shall be fined not more than $1,000, and each day of continued violation shall constitute a distinct and separate offense under this section for which the offender may be punished.
(d) If funds for the acquisition of needed property are not available, the governor may, upon the recommendation of the department, allocate from the contingency fund an amount sufficient to acquire an option on the property or for the immediate acquisition, preservation, restoration, or operation of the property.
(e) The department may enter, solely in
performance of its official duties and only at reasonable times, upon private
lands for examination or survey thereof.
Whenever any member of the department duly authorized to conduct
investigations and surveys of an historic or cultural nature determines that
entry onto private lands for examination or survey of historic or cultural
finding is required, the department shall give written notice of the finding to
the owner or occupant of such property at least five days prior to entry. If entry is refused, the member may make a
complaint to the district environmental court in the circuit in which such land
is located. The district environmental court
may thereupon issue a warrant, directed to any police officer of the circuit,
commanding the officer to take sufficient aid, and, being accompanied by a
member of the department, between the hours of sunrise and sunset, allow the
member of the department to examine or survey the historic or cultural
property.
(f) For the purposes of this section, "construction, alteration, disposition,
or improvement of any nature" excludes the installation of a roof-mounted photovoltaic or solar water
heater system; provided that if such installation is but one portion of an activity
that constitutes construction, alteration, disposition, or improvement of any nature
subject to this section, only the portion consisting of the installation of the
roof-mounted photovoltaic or solar water heater system shall be excluded from the
term "construction,
alteration, disposition, or improvement of any nature"."
SECTION 3. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 4. This Act shall take effect on July 1, 2100.
Report Title:
Roof-mounted Photovoltaic or Solar Water Heater Systems; State Historic Preservation Division; Historic Review
Description:
Excludes the installation of roof-mounted photovoltaic or solar water heater systems from mandatory review under chapter 6E, HRS, by the state historic preservation division. Effective 7/1/2100. (HD1)
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
