SB 2352: Solar Distributed Energy Resource Systems; Building Permits; Self-Certification Process; No-Rise Certification; Regulatory Floodways

A BILL FOR AN ACT

RELATING TO RENEWABLE ENERGY.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

     SECTION 1.  The legislature finds that Act 97, Session Laws of Hawaii 2015, requires electric utilities in the State to achieve a one hundred per cent renewable portfolio standard by December 31, 2045, in order to transition the State away from imported fossil fuels and toward locally available renewable energy sources.

     The legislature further finds that to encourage the timely build-out of a diverse, resilient, and reliable portfolio of low-cost renewable energy generation and storage assets, the State must lower the administrative barriers that constrain deployment of residential and commercial-scale distributed energy resources.

     The legislature additionally finds that the permitting review process currently adds substantial time and cost to the adoption of residential solar and energy storage projects and that self-certification by duly licensed design professionals can significantly reduce this time, cost, and administrative burden without sacrificing public health and safety.

     The purpose of this Act is to reduce administrative barriers to the deployment of energy generation and storage technology systems by requiring certain government entities in the State that issue building permits to:

     (1)  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 a solar distributed energy resource system immediately; and

     (2)  Develop guidance for determining specific conditions under which a Federal Emergency Management Agency-mandated No-Rise Certification is not required for a solar distributed energy resource system located in a regulatory floodway.

     SECTION 2.  Chapter 196, Hawaii Revised Statutes, is amended by adding two new sections to be appropriately designated and to read as follows:

     "§196-A  Building permits; self-certification; solar distributed energy resource systems.  (a)  By           , each government entity in the State that issues building permits shall establish a self‑certification process for behind‑the‑meter, customer‑sited solar distributed energy resource system projects that deems permit applications approved and allows applicants to proceed to build the solar distributed energy resource system immediately; provided that:

     (1)  The project is not located on a property within a special flood hazard area as identified on the Federal Emergency Management Agency's current Flood Insurance Rate Maps; and

     (2)  The government entity receives from the project owner or agent of the project owner, before the commencement of any work:

          (A)  An attestation from a licensed design professional that the proposed project is not located within a special flood hazard area that requires it to comply with federal, state, or county floodplain management development codes or laws pursuant to the requirements of the National Flood Insurance Program.  As part of the attestation form, the licensed design professional shall provide available Flood Insurance Rate Map panel information, which shall include the:

               (i)  Community name and community identification number;

              (ii)  Panel number;

             (iii)  Suffix indicating the number of times the specific panel has been revised;

              (iv)  Panel date; and

               (v)  Flood zones;

          (B)  A request for issuance of the permit that includes a statement that the owner or agent of the owner is prepared to pay any required fees; and

          (C)  Proof of a valid license in the respective field for any professional installing the project and confirmation that the installation of the project will comply with all applicable codes and laws.

     (b)  The self-certification process shall allow a project's licensed design professionals to conduct permit reviews and inspections using commercially available software.  The licensed design professionals' approvals shall be accepted without additional documentation; provided that the submitted documentation demonstrates compliance with all applicable codes and laws.  The self-certification process shall allow a project's licensed design professionals to utilize offline field reports for inspections.

     (c)  If the requirements of subsections (a) and (b) are satisfied, the applicable government entity in the State that issues building permits shall issue the building permit number and close the permit within thirty days after the date that the application was submitted.

     (d)  This section shall not apply to any member-owned electric cooperative.

     (e)  For the purposes of this section:

     "Licensed design professional" means a professional engineer, architect, or surveyor licensed under chapter 464.  "Licensed design professional" does not include a landscape architect.

     "Offline field report" means a report that uses photos and videos taken of the project on-site and submitted to a permitting authority to allow inspection remotely and asynchronously.

     "Solar distributed energy resource system" means an assembly of solar energy-generating or energy-storing materials, or any combined assembly of solar energy-generating and energy‑storing materials, and the related infrastructure necessary for its operation.

     §196-B  Solar distributed energy resource systems; No-Rise Certification; exemption; regulatory floodways.  (a)  Each government entity in the State that issues building permits shall develop Federal Emergency Management Agency-accepted guidance for determining specific conditions under which a Federal Emergency Management Agency-mandated No-Rise Certification is not required for a solar distributed energy resource system located in a regulatory floodway as identified on the Federal Emergency Management Agency's current Flood Insurance Rate Maps.

     (b)  Notwithstanding subsection (a), the project owner or agent of the project owner shall:

     (1)  Comply with all applicable codes and laws;

     (2)  Properly install the solar distributed energy resource system on an already existing structure; and

     (3)  Not create additional obstruction within the regulatory floodway.

     (c)  For the purposes of this section, "solar distributed energy resource system" has the same meaning as defined in section 196-A."

     SECTION 3.  In codifying the new sections added by section 2 of this Act, the revisor of statutes shall substitute appropriate section numbers for the letters used in designating the new sections in this Act.

     SECTION 4.  New statutory material is underscored.

     SECTION 5.  This Act shall take effect on April 19, 2042.

Report Title:

Solar Distributed Energy Resource Systems; Building Permits; Self-Certification Process; No-Rise Certification; Regulatory Floodways

Description:

Requires certain 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 system immediately.  Requires certain 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.  Effective 4/19/2042.  (SD1)

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.

A BILL FOR AN ACT

relating to renewable energy.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

     SECTION 1.  The legislature finds that Act 97, Session Laws of Hawaii 2015, requires electric utilities in the State to achieve a one hundred per cent renewable portfolio standard by December 31, 2045, in order to transition the State away from imported fossil fuels and toward locally available renewable energy sources.

     The legislature further finds that to encourage the timely build-out of a diverse, resilient, and reliable portfolio of low-cost renewable energy generation and storage assets, the State must lower the administrative barriers that constrain deployment of residential and commercial-scale distributed energy resources.

     The legislature additionally finds that the permitting review process currently adds substantial time and cost to the adoption of residential solar and energy storage projects and that self-certification by duly licensed design professionals can significantly reduce this time, cost, and administrative burden without sacrificing public health and safety.

     The purpose of this Act is to reduce administrative barriers to the deployment of energy generation and storage technology systems by requiring government entities in the State that issue building permits to:

     (1)  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 system immediately; and

     (2)  Develop guidance for determining specific conditions under which a Federal Emergency Management Agency-mandated No-Rise Certification is not required for a solar distributed energy resource system located in a regulatory floodway.

     SECTION 2.  Chapter 196, Hawaii Revised Statutes, is amended by adding two new sections to be appropriately designated and to read as follows:

     "§196-A  Building permits; self-certification; solar distributed energy resource systems.  (a)  By           , each government entity in the State that issues building permits shall establish a self‑certification process for behind‑the‑meter, customer‑sited solar distributed energy resource system projects that deems permit applications approved and allows applicants to proceed to build the solar distributed energy resource system immediately; provided that:

     (1)  The project is not located on a property within a special flood hazard area as identified on the Federal Emergency Management Agency's current Flood Insurance Rate Maps; and

     (2)  The government entity receives from the project owner or agent of the project owner, prior to the commencement of any work:

          (A)  An attestation from a licensed design professional that the proposed project is not located within a flood zone that requires it to comply with federal, state, or county floodplain management development codes or laws pursuant to the requirements of the National Flood Insurance Program.  As part of the attestation form, the licensed design professional shall provide available Flood Insurance Rate Map panel information, which shall include the:

               (i)  Community name and community identification number;

              (ii)  Panel number;

             (iii)  Suffix indicating the number of times the specific panel has been revised;

              (iv)  Panel date; and

               (v)  Flood zones;

          (B)  A request for issuance of the permit that includes a statement that the owner or agent of the owner is prepared to pay any required fees; and

          (C)  Proof of a valid license in the respective field for any professional installing the project and confirmation that the installation of the project will comply with all applicable codes and laws.

     (b)  The self-certification process shall allow a project's licensed design professionals to conduct permit reviews and inspections using commercially available software.  The licensed design professionals' approvals shall be accepted without additional documentation; provided that the submitted documentation demonstrates compliance with all applicable codes and laws.  The self-certification process shall allow a project's licensed design professionals to utilize offline field reports for inspections.

     (c)  If the requirements of subsections (a) and (b) are satisfied, the applicable government entity in the State that issues building permits shall issue the building permit number and close the permit within thirty days after the date that the application was submitted.

     (d)  As used in this section:

     "Licensed design professional" means a professional engineer, architect, surveyor, or landscape architect licensed under chapter 464.

     "Offline field report" means a report that uses photos and videos taken of the project on-site and submitted to a permitting authority to allow inspection remotely and asynchronously.

     "Solar distributed energy resource system" means an assembly of solar energy-generating or energy-storing materials, or any combined assembly of solar energy-generating and energy-storing materials, and the related infrastructure necessary for its operation.

     §196-B  Solar distributed energy resource systems; No-Rise Certification; exemption; regulatory floodways.  (a)  Each government entity in the State that issues building permits shall develop Federal Emergency Management Agency-accepted guidance for determining specific conditions under which a Federal Emergency Management Agency-mandated No-Rise Certification is not required for a solar distributed energy resource system located in a regulatory floodway as identified on the Federal Emergency Management Agency's current Flood Insurance Rate Maps.

     (b)  Notwithstanding subsection (a), the project owner or agent of the project owner shall:

     (1)  Comply with all applicable codes and laws;

     (2)  Properly install the solar distributed energy resource system on an already existing structure; and

     (3)  Not create additional obstruction within the regulatory floodway.

     (c)  As used in this section, "solar distributed energy resource system" has the same meaning as in section 196-A."

     SECTION 3.  In codifying the new sections added by section 2 of this Act, the revisor of statutes shall substitute appropriate section numbers for the letters used in designating the new sections in this Act.

     SECTION 4.  New statutory material is underscored.

     SECTION 5.  This Act shall take effect upon its approval.

Report Title:

Solar Distributed Energy Resource Systems; Building Permits; Self-Certification Process; No-Rise Certification; Regulatory Floodways

Description:

Requires 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 system immediately.  Requires 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.

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.

STAND. COM. REP. NO. 2284

Honolulu, Hawaii

RE:     S.B. No. 2352

        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 S.B. No. 2352 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)  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 system 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 the 350Hawaii; Energy Advisors; Hawaii Solar Energy Association; Photonworks Engineering LLP; Grassroot Institute of Hawaii; Sunrun; Climate Protectors Coalition Hawaiʻi; EP Cube; Alternate Energy, Inc.; LegaSea Energy; Independent Energy; Inter‑Island Solar Supply/The Solaray Corporation; Sierra Club of Hawaiʻi; Sunspear Energy; and nine individuals.

     Your Committees received testimony in opposition to this measure from the Contractors License Board and Kauaʻi Island Utility Cooperative.

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

     Your Committees find that existing permitting processes add real costs to projects and make it harder for the State's residents and businesses to invest in clean energy, especially as federal incentives are being reduced.  Adequate permitting review additionally plays an important role in ensuring that customer‑sited solar and energy storage systems are designed and installed in a manner that supports safe and reliable grid integration.  By streamlining processes for certain solar and energy storage systems, this measure will expedite qualified projects while maintaining accountability and code compliance.

     Your Committees acknowledge the concerns raised in testimony from the Department of Land and Natural Resources that landscape architects are not authorized by the Federal Emergency Management Agency to certify floodplain development documentation.  Your Committees also recognize the concerns raised in testimony from the Kauai Island Utility Cooperative that the self-certification process established by this measure, while relevant to larger grids like Oahu's, would potentially have a significant negative impact on Kauai's relatively smaller member-owned electric cooperative.  Therefore, amendments to this measure are necessary to address these concerns.

     Accordingly, your Committees have amended this measure by:

     (1)  Clarifying that landscape architects shall not be included in the definition of "licensed design professional", to provide an attestation for the self‑certification process that the proposed project is not located within a special flood hazard area;

     (2)  Exempting member-owned electric cooperatives from the self-certification requirements for behind-the-meter, customer-sited solar distributed energy resource system projects;

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

     (4)  Inserting an effective date of April 19, 2042, to encourage further discussion; and

     (5)  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 S.B. No. 2352, as amended herein, and recommend that it pass Second Reading in the form attached hereto as S.B. No. 2352, 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,