Bill Text: HI SB19 | 2013 | Regular Session | Amended

Bill Title: Renewable Energy; Landlords; Lessors; Public Utility

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Passed) 2013-07-09 - Act 261, 7/3/2013 (Gov. Msg. No. 1364). [SB19 Detail]

Download: Hawaii-2013-SB19-Amended.html



STAND. COM. REP. NO.  1184


Honolulu, Hawaii

                , 2013


RE:   S.B. No. 19

      S.D. 1

      H.D. 1





Honorable Joseph M. Souki

Speaker, House of Representatives

Twenty-Seventh State Legislature

Regular Session of 2013

State of Hawaii




     Your Committee on Energy & Environmental Protection, to which was referred S.B. No. 19, S.D. 1, entitled:




begs leave to report as follows:


     The purpose of this measure is to encourage renewable energy production to enable Hawaii to meet its clean energy initiative goals by, among other things:


     (1)  Exempting from the definition of "public utility" a landlord or lessor who owns, operates, or manages renewable energy systems on their property and provides, sells, or transmits the power generated from the renewable energy systems to an electric utility and lessee or tenant on the same property;


     (2)  Providing that the rate schedule charged to the lessee or tenant shall not be greater than the rate charged per kilowatt hour by the electric utility; and


     (3)  Specifying that disputes concerning the provision, sale, or transmission of power generated from renewable energy systems, including rate schedules charged to the lessee or tenant shall be resolved pursuant to provisions of the lease agreement or provisions of the Residential Landlord-Tenant Code.  


     The Department of Business, Economic Development, and Tourism; Department of Commerce and Consumer Affairs Division of Consumer Advocacy; Department of Taxation; Green Building, LLC; Hawaii Association of REALTORS; Hawaii Solar Energy Association; Blue Planet Foundation; Hamakua Springs Country Farms; and an individual provided testimony in support of this measure.  The Public Utilities Commission; Building Industry Association of Hawaii; Carmel Partners; Distributed Energy Partners; Forest City Hawaii; Commercial Real Estate Development Association, Hawaii Chapter; GSF, LLC; Castle & Cooke Hawaii; Catholic Charities Housing Development Corporation; Sierra Club, Hawaii Chapter; Think Tech Hawaii; and an individual provided comments on this measure.


     Your Committee has amended this measure by:


     (1)  Clarifying that its purpose is to exempt landlords and lessors who install renewable energy systems on their property and provide, sell, or transmit the power generated therefrom to tenants or lessees on the same property from the definition of "public utility"; and


     (2)  Making technical, nonsubstantive amendments for the purposes of clarity, consistency, and style.


     As affirmed by the record of votes of the members of your Committee on Energy & Environmental Protection that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 19, S.D. 1, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 19, S.D. 1, H.D. 1, and be referred to the Committee on Consumer Protection & Commerce.


Respectfully submitted on behalf of the members of the Committee on Energy & Environmental Protection,