Title 12, Conservation And Resources

[§195H-7] Authority after transition period. (a) Following the end of the transition period pursuant to section 195H-6, the department of land and natural resources, University of Hawaii, and all other departments and agencies of the State shall be subject to the oversight of the…

[§195H-8] Astronomy development; declaration of policy; reserved viewing or observing time and other requirements. (a) It is declared that the support of astronomy consistent with section 195H-1 is a policy of the State. (b) Beginning after the transition period has expired, any …

[§195H-9] Advisory groups. (a) The authority shall establish advisory groups to advise the authority in its management of Mauna Kea. (b) Any advisory groups established pursuant to this section shall convene regularly and be consulted on a broad range of issues relating to their …

PART I. GENERAL PROVISIONS §196-1 Findings and declaration of necessity. The legislature finds that: (1) The global demand for petroleum and its derivatives has resulted in a significant and fundamental market escalation in oil prices, has caused severe economic hardships through…

[§196-1.5 Priority permitting process for renewable energy projects.] All agencies shall provide priority handling and processing for all state permits required for renewable energy projects. For purposes of this section, "agencies" means any executive department, independent com…

[§196-10] Hawaii renewable hydrogen program. There is established, within the department of business, economic development, and tourism, a Hawaii renewable hydrogen program to manage the State's transition to a renewable hydrogen economy. The program shall design, implement, and …

§196-10.5 Hawaii clean energy initiative program. (a) There is established within the department of business, economic development, and tourism, a Hawaii clean energy initiative program to manage the State's transition to a clean energy economy. The clean energy program shall des…

[§196-10.8] Energy systems and technology training. (a) Energy systems and technology training courses shall be established as needed to educate relevant officers and employees of the counties on the various standards and requirements for renewable energy systems and related dist…

[Part VII.] FLUORESCENT LAMPS [§196-101] Definitions. As used in this part, unless the context otherwise requires: "Compact fluorescent lamp" means a compact low-pressure, mercury-containing, electric-discharge light source in which a fluorescent coating transforms some of the ul…

[§196-102] Fluorescent lamps; mercury-containing lighting; prohibited. It shall be unlawful to sell, offer for sale, or distribute for sale in the State as a new manufactured product: (1) Beginning January 1, 2025, a screw or bayonet base type compact fluorescent lamp; and (2) Be…

[§196-103] Exemptions. This part shall not apply to a lamp: (1) Used for image capture and projection, including photocopying; printing, directly or in preprocessing; lithography; film and video projection; and holography; (2) That has a high proportion of ultraviolet light emiss…

[PART II.] ENERGY EFFICIENCY IN STATE FACILITIES §196-11 Definitions. As used in this part: "Acquisition" means acquiring by contract supplies or services, including construction, by and for the use of the State through purchase or lease, whether the supplies or services are alre…

[Part VIII.] solar hui program [§196-111] Definitions. As used in this part, unless the context otherwise requires: "Authority" means the Hawaii green infrastructure authority as established under section 196-63. "Energy services agreement" means the Green Energy Money $aver Ener…

[§196-112] Solar hui program; fund manager. (a) There is established the solar hui program to be administered by the authority. The solar hui program shall provide a multi-family residential property owner the opportunity to invest in the solar hui investment fund established pur…

[§196-113] Solar hui investment fund. (a) There is established the solar hui investment fund into which shall be deposited the following: (1) Appropriations by the legislature; (2) Investments received from multi-family residential property owners; (3) All other money received fo…

[§196-19] Life-cycle cost analysis. Agencies shall use life-cycle cost analysis in making decisions about their investments in products, services, construction, and other projects to lower the State's costs and to reduce energy and water consumption. Where appropriate, agencies s…

§196-2 Definitions. As used in this chapter, unless the context requires otherwise: "Available" means that the vehicle is physically present and not rented for the requested rental period. "Commission" means the public utilities commission. "Conventional vehicle" means a vehicle …

§196-21 Financing mechanisms. (a) Agencies shall maximize their use of available alternative financing contracting mechanisms, including energy-savings contracts, when life-cycle cost-effective, to reduce energy use and cost in their facilities and operations. Energy-savings cont…

§196-22 State energy projects. State energy projects may be implemented under this chapter with the approval of the comptroller and the director of finance or their designees. In addition, this section shall be construed to provide the greatest possible flexibility to agencies in…

§196-23 Energy efficient products. (a) Agencies shall select, when life-cycle cost-effective, ENERGY STAR and other energy efficient products when acquiring energy-using products. For product groups where ENERGY STAR labels are not yet available, agencies may select products that…

§196-30 Public buildings; benchmarks; retro-commissioning guidelines; energy savings performance contracts. (a) By December 31, 2010, each state department with responsibilities for the design and construction of public buildings and facilities shall benchmark every existing publ…

[§196-31] Energy efficiency implementation for state facilities. (a) State facilities shall implement cost-effective energy efficiency measures as follows: (1) Beginning on January 1, 2024, for all state facilities that have not implemented section 36-41 since 2010; and (2) Begin…

[§196-32] Utility bills and energy usage data; state-owned facilities. The Hawaii state energy office shall collect all utility bill and energy usage data for state-owned facilities monthly and shall make this information available in a publicly accessible format. [L 2022, c 239,…

[PART III. OTHER PROVISIONS] §196-41 State support for achieving renewable portfolio standards. (a) The department of land and natural resources and department of business, economic development, and tourism shall facilitate the private sector's development of renewable energy pro…

§196-42 State support for achieving alternate fuels standards and clean ground transportation goals. (a) The State shall facilitate the development of alternate fuels and support the attainment of a statewide alternate fuels standard of ten per cent of highway fuel demand to be p…

§196-5 Gas appliances with pilot light prohibited; exemptions. (a) No new residential type gas appliance that is equipped with a pilot light shall be sold or installed in the State after June 30, 1980. Gas appliances sold after June 30, 1980, shall be equipped with an intermitten…

§196-6 Energy efficient storage hot water heaters. (a) No new storage hot water heater which is not certified as meeting the energy efficiency standards of the American Society of Heating, Refrigerating and Air Conditioning Engineers, Inc., as set forth as the current ASHRAE 90 S…

§196-6.5 Solar water heater system required for new single-family residential construction. (a) On or after January 1, 2010, no building permit shall be issued for a new single-family dwelling that does not include a solar water heater system that meets the standards established …

PART IV. GREEN INFRASTRUCTURE LOANS §196-61 Definitions. As used in this part: "Assessment" means a financing assessment imposed by the authority on a benefitted commercial property pursuant to section 196-64.5. "Authority" means the Hawaii green infrastructure authority as estab…

§196-62 Hawaii green infrastructure loan program. There is established a Hawaii green infrastructure loan program, which shall be a loan program as defined under section 39-51. The program shall be administered by the authority on behalf of the department in a manner consistent w…

§196-62.5 Financing for state government agencies. (a) Any state agency may apply for financing, subject to availability under the revolving line of credit for fiscal year 2021-2022, and annually thereafter, from the green infrastructure loan program pursuant to section 196-65(b)…

§196-63 Hawaii green infrastructure authority. There is established the Hawaii green infrastructure authority as an instrumentality of the State comprising five members. The director, the director of finance, and the chief energy officer of the Hawaii state energy office shall be…

§196-64 Functions, powers, and duties of the authority. (a) In the performance of, and with respect to the functions, powers, and duties vested in the authority by this part, the authority, as directed by the director and in accordance with a green infrastructure loan program ord…

§196-64.5 Commercial property assessed financing program. (a) There is established a commercial property assessed financing program to be administered by the authority to enable owners of qualifying property to access non-traditional financing for qualifying improvements. Program…

§196-65 Hawaii green infrastructure special fund. (a) There is established the Hawaii green infrastructure special fund into which shall be deposited: (1) The proceeds of bonds net of issuance costs and reserves or overcollateralization amounts; (2) Green infrastructure charges r…

§196-65.5 Clean energy and energy efficiency revolving loan fund. (a) There is established in the Hawaii green infrastructure special fund established under section 196-65, the clean energy and energy efficiency revolving loan fund, similar to a revolving line of credit, which sh…

[§196-66] Use of Hawaii green infrastructure special fund; application. (a) The authority shall apply to the public utilities commission for one or more orders to effectuate the Hawaii green infrastructure loan program, pursuant to section 269-170. Nothing herein shall preclude t…

[§196-67] Hawaii green infrastructure bond fund. (a) There is established the Hawaii green infrastructure bond fund as a special fund into which all proceeds of the green infrastructure fee established pursuant to section 269-166 and any other proceeds of green infrastructure pro…

[§196-68] Compliance with revenue bond law. For purposes of assuring conformity of and compliance with part III of chapter 39, it is determined as follows: (1) For purposes of section 39-51, "revenues" shall include the green infrastructure fee and the proceeds of green infrastru…

[§196-69] Reporting; annual report. The authority shall submit a report to the legislature on the authority's activities in administering the loan program no later than twenty days prior to the convening of each regular session beginning with the regular session of 2015. The repo…

§196-7 Placement of solar energy devices. (a) Notwithstanding any law to the contrary, no person shall be prevented by any covenant, declaration, bylaws, restriction, deed, lease, term, provision, condition, codicil, contract, or similar binding agreement, however worded, from in…

[§196-7.5] Placement of electric vehicle charging system. (a) Notwithstanding any law to the contrary, no person shall be prevented by any covenant, declaration, bylaw, restriction, deed, lease, term, provision, condition, codicil, contract, or similar agreement, however worded, …

[§196-7.8] Electric bicycle and electric moped rebate program; third-party administrator; special fund. (a) The department of transportation shall administer a rebate program that incentivizes the purchase of new electric bicycles and new electric mopeds and may contract with a t…

[§196-70] Severability. If any provision of this part is held to be invalid or is superseded, replaced, repealed, or expires for any reason: (1) That occurrence shall not affect any action allowed under this part that is taken prior to that occurrence by the public utilities comm…

[Part V.] Hawaii state energy office [§196-71] Hawaii state energy office; established. (a) There is established the Hawaii state energy office, which shall be a public body politic and an instrumentality and agency of the State. The office shall be placed within the department o…

[§196-72] Chief energy officer of the Hawaii state energy office; duties. (a) The Hawaii state energy office shall be led by the chief energy officer, who shall be nominated and, by and with the advice and consent of the senate, appointed by the governor; provided that the term o…