Hawaii Gov. Lingle Signs Bill to Increase Solar Energy
On June 26, 2008, Governor Linda Lingle signed into law a bill to increase the use of one of Hawaii's most abundant renewable energy sources and reduce dependence on imported oil. With the Governor's signature, Hawaii becomes the first state in the nation to require the installation of solar water heating systems on new single-family homes.
The measure, SB644 SD3 HD3 CD1, prohibits the issuing of building permits for single-family homes that do not have solar water heaters starting January 1, 2010. Exceptions will be allowed in cases where homes are built in locations with low rates of sunshine such as forested areas, where the life cycle analysis of the solar system proves to be cost-prohibitive, or if the dwelling uses a substitute renewable energy source.
The bill, which becomes Act 204, would also allow homebuilders to use gas-demand-water heaters, which use a small tank to heat up water quickly when the faucet is turned on, if the home includes another gas appliance.
Under the measure, the Public Utilities Commission is tasked with setting standards for the water heaters, and the counties would establish implementation procedures.
There are certain provisions and language in the bill that are of concern, including eliminating the existing 35 percent tax credit for solar water installations for residential developers of single-family residences starting January 1, 2009.
The bill also appears to eliminate the tax credit for owners of existing residential single-family homes after January 1, 2010. While this may not have been the intent of the bill, the language implies that existing homeowners would have had to seek a building permit to install a solar water heater prior to January 1, 2010 to claim the tax credit.
The bill also clouds whether existing single-family residences can obtain a 20 percent wind-power tax credit and a 35 percent photovoltaic tax credit for new single-family structures built in 2009 and for existing single-family residences after January 1, 2010.
The Lingle-Aiona Administration will introduce legislation in the next legislative session to clarify this language and ensure the tax credits for solar water, wind and photovoltaic systems for new single-family homes built in 2009 continue as well as ensuring access to this important tax credit for existing residences after January 1, 2010.
For more details, read the press release from the Office of Governor Lingle.
Visit the Hawaii State Legislature website for a history of SB 644 SD3 HD3 CD1 or to download a copy of the bill.
For Hawaii code status information, please consult the BCAP Hawaii Code Status page.