STAND. COM. REP. NO. 3162

 

Honolulu, Hawaii

                   

 

RE:     H.B. No. 1984

        H.D. 2

        S.D. 1

 

 

 

Honorable Ronald D. Kouchi

President of the Senate

Thirty-Third State Legislature

Regular Session of 2026

State of Hawaii

 

Sir:

 

     Your Committees on Energy and Intergovernmental Affairs and Government Operations, to which was referred H.B. No. 1984, H.D. 2, entitled:

 

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

 

beg leave to report as follows:

 

     The purpose and intent of this measure is to:

 

     (1)  By July 1, 2027, require government entities in the State that issue building permits to establish a self—certification process for behind-the-meter, customer-sited solar distributed energy resource systems that deems permit applications approved and allows applicants to proceed to build solar distributed energy resource systems immediately; and

 

     (2)  Require government entities in the State that issue building permits to develop guidance for determining specific conditions when a Federal Emergency Management Agency-mandated No-Rise Certification is not required for a solar distributed energy resource system located in a regulatory floodway.

 

     Your Committees received testimony in support of this measure from Climate Protectors Hawaii; Solartech Hawaii, LLC; Hawaii Solar Energy Association; 350Hawaii; Inter-Island Solar Supply/Solaray Corporation; Sunspear Energy; Photonworks Engineering; Sol-Ark; EP Cube; Grassroot Institute of Hawaii; Sierra Club of Hawaiʻi; Hawaii Energy Connection (aka KumuKit Solar); Carbon Cashback Hawaii; Alternate Energy, Inc.; and fifteen individuals.

 

     Your Committees received comments on this measure from the Department of Land and Natural Resources and Public Utilities Commission.

 

     Your Committees find that the State's commitment to one hundred percent renewable electricity by 2045 requires rapid, cost effective deployment of distributed energy resources, particularly rooftop solar paired with storage.  However, permitting delays and inconsistent review processes continue to add time, cost, and uncertainty for homeowners and contractors.  This measure will modernize and streamline permitting and floodway requirements to support affordability, resilience, and progress towards one hundred percent clean energy.

 

     Your Committees note the discussion that took place at the public hearing on this measure, raising liability concerns with any installation of a behind-the-meter, customer-sited solar distributed energy resource system utilizing the self-certification process established in this measure.  Your Committees further acknowledge the concerns raised in testimony by the Hawaii Solar Energy Association that systems that require greater generating capacities may require additional review due to their complexity.  Therefore, amendments to this measure are necessary to address these concerns.

 

     Your Committees have amended this measure by:

 

     (1)  Clarifying that projects with a generating capacity greater than two hundred fifty kilowatts alternating current shall not be eligible to utilize the self-certification process;

 

     (2)  Specifying that neither the State, nor any government entity in the State that issues building permits, shall be liable for any damages as a result of any behind the meter, customer sited solar distributed energy resource system projects that were installed through the self-certification process;

 

     (3)  Amending section 1 to reflect its amended purpose; and

 

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

 

     As affirmed by the records of votes of the members of your Committees on Energy and Intergovernmental Affairs and Government Operations that are attached to this report, your Committees are in accord with the intent and purpose of H.B. No. 1984, H.D. 2, as amended herein, and recommend that it pass Second Reading in the form attached hereto as H.B. No. 1984, H.D. 2, S.D. 1, and be referred to your Committees on Commerce and Consumer Protection and Ways and Means.

 

Respectfully submitted on behalf of the members of the Committees on Energy and Intergovernmental Affairs and Government Operations,

 

________________________________

ANGUS L.K. MCKELVEY, Chair

 

________________________________

GLENN WAKAI, Chair