CONFERENCE COMMITTEE REP. NO. 2-14

Honolulu, Hawaii

                 , 2014

RE:    S.B. No. 2657

       S.D. 2

       H.D. 1

       C.D. 1

Honorable Donna Mercado Kim

President of the Senate

Twenty-Seventh State Legislature

Regular Session of 2014

State of Hawaii

Honorable Joseph M. Souki

Speaker, House of Representatives

Twenty-Seventh State Legislature

Regular Session of 2014

State of Hawaii

Madam and Sir:

     Your Committee on Conference on the disagreeing vote of the Senate to the amendments proposed by the House of Representatives in S.B. No. 2657, S.D. 2, H.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO RENEWABLE ENERGY,"

having met, and after full and free discussion, has agreed to recommend and does recommend to the respective Houses the final passage of this bill in an amended form.

     The purpose of this measure is to:

     (1)  Require a contractor who installs a solar energy device to notify the private entity that installation may void the roofing warranties or guarantees;

     (2)  Require a contractor that installs a solar energy device to obtain written approval from the roofing manufacturer and follow written instructions for waterproofing roof penetrations from the roof manufacturer unless the private entity forgoes the roofing warranty or guarantee; and

     (3)  Require a roofing contractor that waterproofs roof penetrations related to the installation of a solar energy device to honor the roof warranty or guarantee; provided that if either the roofing contractor's guaranty or the roofing manufacturer's warranty is no longer in effect, the contractor who installs the solar energy device and waterproofs the penetrations shall apply the contractor's or lessor's standard labor and workmanship warranty.

     Your Committee on Conference finds that before a solar energy device is installed, homeowners with properties under the control of a homeowners association must first obtain confirmation from the roofing contractor that the installation of a solar energy device by another contractor will not void the existing roof warranty.  Since most roofing contractors will not warrant the work of another contractor, this prevents many homeowners from purchasing solar energy devices.  This measure will establish procedures and disclaimers for the installation of solar energy devices that will not void roof warranties on common or limited common elements, while addressing the concerns of both roofing and solar energy device contractors.

     Your Committee on Conference has amended this measure by changing the effective date to upon approval.

     As affirmed by the record of votes of the managers of your Committee on Conference that is attached to this report, your Committee on Conference is in accord with the intent and purpose of S.B. No. 2657, S.D. 2, H.D. 1, as amended herein, and recommends that it pass Final Reading in the form attached hereto as S.B. No. 2657, S.D. 2, H.D. 1, C.D. 1.

Respectfully submitted on behalf of the managers:

ON THE PART OF THE HOUSE

ON THE PART OF THE SENATE

____________________________ CHRIS LEE, Co-Chair	____________________________ MIKE GABBARD, Chair
____________________________ DEREK S.K. KAWAKAMI, Co-Chair	____________________________ ROSALYN H. BAKER, Co-Chair