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Hawaii

Hawaii

Incentives/Policies for Renewables & Efficiency

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Solar Rights   

Last DSIRE Review: 08/20/2012
Program Overview:
State: Hawaii
Incentive Type: Solar/Wind Access Policy
Eligible Renewable/Other Technologies: Passive Solar Space Heat, Solar Water Heat, Solar Space Heat, Photovoltaics
Applicable Sectors: Residential, Townhouse and Condominium Owners
Authority 1:
Expiration Date:
HRS ยง 196-7
None
Summary:

Hawaii law prohibits the creation of any covenant or restriction contained in any document restricting the installation or use of a solar energy system on a residential dwelling or townhouse. Furthermore, Hawaii requires homeowners associations to adopt rules that provide for the placement of solar energy systems and do not unreasonably restrict the placement. In July 2010, SB 2817 was enacted that clarified this requirement and required homeowners associations to pass rules by July 1, 2011 in accordance with this requirement. This legislation states that homeowners associations' rules and regulations cannot "render a solar energy device more than 25 per cent less effective; increase the cost of installation, maintenance, and removal of a solar energy device by more than 15 per cent; or, until June 20, 2015, require an encumbrance on title because of the placement of the solar energy device." SB 1338, enacted in July 2009, also prevents the prohibition of clotheslines.


 
Contact:
  Howard Wiig
Hawaii Department of Business, Economic Development, and Tourism
Energy Division
P.O. Box 2359
Honolulu, HI 96804
Phone: (808) 587-3811
Fax: (808) 587-3820
E-Mail: hwiig@dbedt.hawaii.gov
Web Site: http://energy.hawaii.gov/
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Disclaimer: The information presented on the DSIRE web site provides an unofficial overview of financial incentives and other policies. It does not constitute professional tax advice or other professional financial guidance, and it should not be used as the only source of information when making purchasing decisions, investment decisions or tax decisions, or when executing other binding agreements. Please refer to the individual contact provided below each summary to verify that a specific financial incentive or other policy applies to your project.

While the DSIRE staff strives to provide the best information possible, the DSIRE staff, the N.C. Solar Center, N.C. State University and the Interstate Renewable Energy Council, Inc. make no representations or warranties, either express or implied, concerning the accuracy, completeness, reliability or suitability of the information. The DSIRE staff, the N.C. Solar Center, N.C. State University and the Interstate Renewable Energy Council, Inc. disclaim all liability of any kind arising out of your use or misuse of the information contained or referenced on DSIRE Web pages.

Copyright 2012 - 2013 North Carolina State University, under NREL Subcontract No. XEU-0-99515-01. Permission granted only for personal or educational use, or for use by or on behalf of the U.S. government. North Carolina State University prohibits the unauthorized display, reproduction, sale, and/or distribution of all or portions of the content of the Database of State Incentives for Renewables and Efficiency (DSIRE) without prior, written consent.