reglab/statecodes huggingface dataset:
2023 Hawaii Revised Statutes › Title 12. Conservation and Resources › 196. Energy Resources › 196-21 Financing mechanisms.

§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 contracts shall include:
(1) Energy performance contracts;
(2) Municipal lease and purchase financing; and
(3) Utility energy-efficiency service contracts.
Energy-savings contracts shall provide significant opportunities for making state facilities more energy efficient at no net cost to taxpayers.
(b) Agencies that perform energy efficiency and renewable energy system retrofitting may continue to receive budget appropriations for energy expenditures at an amount that will not fall below the pre-retrofitting energy budget but will rise in proportion to any increase in the agency's overall budget for the duration of the performance contract or project payment term. A portion of the moneys saved through efficiency and renewable energy system retrofitting shall be set aside to pay for any costs directly associated with administering energy efficiency and renewable energy system retrofitting programs incurred by the agency.
(c) Notwithstanding any law to the contrary relating to the award of public contracts, any agency desiring to enter into an energy performance contract shall do so in accordance with the following provisions:
(1) The agency shall issue a public request for proposals, advertised in the same manner as provided in chapter 103D, concerning the provision of energy-efficiency services or the design, installation, operation, and maintenance of energy equipment. The request for proposals shall contain terms and conditions relating to submission of proposals, evaluation, and selection of proposals, financial terms, legal responsibilities, and other matters as may be required by law and as the agency determines appropriate;
(2) Upon receiving responses to the request for proposals, the agency shall select the most qualified proposal or proposals and may base its determination on the basis of the experience and qualifications of the proposers, the technical approach, the financial arrangements, the overall benefits to the agency, or other factors determined by the agency to be relevant and appropriate;
(3) The agency thereafter may negotiate and enter into an energy performance contract with the person or company whose proposal is selected as the most qualified based on the criteria established by the agency;
(4) The term of any energy performance contract entered into pursuant to this section shall not exceed twenty years;
(5) Any energy performance contract may provide that the agency ultimately shall receive title to the energy system being financed under the contract; and
(6) Any energy performance contract shall provide that total payments shall not exceed total savings. [L 2002, c 77, pt of §9; am L 2006, c 96, §7; am L 2007, c 157, §3]
2023 Hawaii Revised Statutes › Title 12. Conservation and Resources › 196. Energy Resources › 196-22 State energy projects.

§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 structuring agreements so that economic benefits and existing energy incentives may be used and maximized, and financing and other costs to agencies may be minimized. The specific terms of energy performance contracting under section 36-41 may be altered if deemed advantageous to the agency and approved by the director of finance and the comptroller. [L 2002, c 77, pt of §9; am L 2004, c 216, §21; am L 2006, c 96, §8; am L 2007, c 157, §4]
2023 Hawaii Revised Statutes › Title 12. Conservation and Resources › 196. Energy Resources › 196-23 Energy efficient products.

§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 are in the upper twenty-five per cent of energy efficiency as designated by the United States Department of Energy, Office of Energy Efficiency and Renewable Energy, federal energy management program.
(b) Agencies shall incorporate energy-efficient criteria consistent with designated energy-efficiency levels into product specification language developed for all purchasing procedures.
(c) The State shall consider the creation of financing agreements with private sector suppliers to provide private funding to offset higher up-front costs of efficient products.
(d) Agencies entering into leases, including the renegotiation or extension of existing leases, shall:
(1) Incorporate lease provisions that encourage energy and water efficiency wherever life-cycle cost-effective. Build-to-suit lease solicitations shall contain criteria encouraging sustainable design and development, energy efficiency, and verification of facility performance;
(2) Include a preference for facilities having an ENERGY STAR building label in their selection criteria for acquiring leased facilities; and
(3) Encourage lessors to apply for an ENERGY STAR building label and to explore and implement projects that will reduce costs to the State, including projects carried out through the lessors' energy-savings contracts. [L 2002, c 77, pt of §9; am L 2006, c 96, §9]
2023 Hawaii Revised Statutes › Title 12. Conservation and Resources › 196. Energy Resources › 196-30 Public buildings; benchmarks; retro-commissioning guidelines; energy savings performance contracts.

§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 public building that is either larger than five thousand square feet or uses more than eight thousand kilowatt-hours of electricity or energy per year and shall use the benchmark as a basis for determining the State's investment in improving the efficiency of its own building stock. Benchmarking shall be conducted using the ENERGY STAR portfolio management or equivalent tool. The chief energy officer of the Hawaii state energy office shall provide training to affected departments on the ENERGY STAR portfolio management or equivalent tool.
(b) Public buildings shall be retro-commissioned no less often than every five years. The chief energy officer of the Hawaii state energy office shall establish retro-commissioning guidelines by January 1, 2010.
(c) Departments may enter into energy savings performance contracts with a third party to cover the capital costs of energy-efficiency measures and distributed generation provided the terms of the energy savings performance contracts conform to the benchmark standard. The comptroller may review and exempt specific projects as appropriate to take into account cost-effectiveness.
Energy savings performance contracts shall be executed according to state guidelines issued by the comptroller, and the contracts shall be reviewed by the comptroller. To expedite energy savings performance contracting for public buildings, the department of accounting and general services shall develop a master energy savings performance contracts agreement that any department may use to contract with an energy savings performance contracts provider for energy-efficiency and renewable energy services.
(d) For existing public buildings that undergo a major retrofit or renovation, the department or departments responsible for design and construction shall make investments in efficiency; provided that the cost of the measures shall be recouped within twenty years. [L 2009, c 155, pt of §11; am L 2019, c 122, §3]
2023 Hawaii Revised Statutes › Title 12. Conservation and Resources › 196. Energy Resources › 196-31 Energy efficiency implementation for state facilities.

§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) Beginning on January 1, 2026, for all other state facilities;
provided that no entity shall claim tax credits or deductions, or depreciate assets under title 14 for implementing energy efficiency measures pursuant to this section; provided further that nothing in this subsection shall prohibit facilities from implementing energy efficiency measures sooner than indicated under paragraph (1) or (2).
(b) State facilities with an area under ten thousand square feet shall be exempt from the requirements of subsection (a).
(c) For purposes of this section:
"Cost-effective energy efficiency measure" means any energy efficiency measure where the cost of the energy efficiency measure is equal to or less than the estimated savings over a period of twenty years or the life of the installed components, whichever is less.
"Energy efficiency measure" means any energy services, projects, and equipment, including but not limited to building or facility energy conservation enhancing, demand management, or demand response retrofits, which may include energy saved offsite by water or other utility enhancing retrofits, to improve the energy efficiency or reduce energy costs of the facility. [L 2022, c 239, pt of §2]
2023 Hawaii Revised Statutes › Title 12. Conservation and Resources › 196. Energy Resources › 196-32 Utility bills and energy usage data; state-owned facilities.

§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, pt of §2]
2023 Hawaii Revised Statutes › Title 12. Conservation and Resources › 196. Energy Resources › 196-41 State support for achieving renewable portfolio standards.

§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 projects by supporting the private sector's attainment of the renewable portfolio standards in section 269-92. Both departments shall provide meaningful support in areas relevant to the mission and functions of each department as provided in this section, as well as in other areas the directors of each department may deem appropriate.
(b) The department of land and natural resources shall:
(1) Develop and publish a catalog by December 31, 2006, and every five years thereafter, of potential sites for the development of renewable energy; and
(2) Work with electric utility companies and with other renewable energy developers on all applicable planning and permitting processes to expedite the development of renewable energy resources.
(c) The department of business, economic development, and tourism shall:
(1) Develop a program to maximize the use of renewable energy and cost-effective conservation measures by state government agencies;
(2) Work with federal agencies to develop as much research, development and demonstration funding, and technical assistance as possible to support Hawaii in its efforts to achieve its renewable portfolio standards; and
(3) Biennially, beginning in January 2006, issue a progress report to the governor and legislature. [L 2004, c 95, pt of §2]
Revision Note
Section was enacted as an addition to chapter 269, but is renumbered to this chapter pursuant to §23G-15.
Cross References
Renewable portfolio standards, see chapter 269, part V.
2023 Hawaii Revised Statutes › Title 12. Conservation and Resources › 196. Energy Resources › 196-42 State support for achieving alternate fuels standards and clean ground transportation goals.

§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 provided by alternate fuels by 2010, fifteen per cent by 2015, twenty per cent by 2020, and thirty per cent by 2030. For purposes of the alternate fuels standard, ethanol produced from cellulosic materials shall be considered the equivalent of two and one-half gallons of noncellulosic ethanol. "Alternate fuels" shall have the same meaning as contained in title 10 Code of Federal Regulations part 490; provided that it shall also include liquid or gaseous fuels produced from renewable feedstocks such as organic wastes, or from water using electricity from renewable energy sources.
(b) The State shall support the attainment of the clean ground transportation target established pursuant to section [196-9(c)(11)]. [L 2006, c 240, §5; am L 2010, c 175, §2; am L 2021, c 74, §6]
2023 Hawaii Revised Statutes › Title 12. Conservation and Resources › 196. Energy Resources › 196-62 Hawaii green infrastructure loan program.

§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 with chapter 39, part III. This loan program may include loans made to government entities and private entities, whether corporations, partnerships, limited liability companies, or other persons, which entities may lease or provide green infrastructure equipment to electric utility customers, as well as direct loans to electric utility customers, on terms approved by the authority. [L 2013, c 211, pt of §2; am L 2018, c 121, §4]
2023 Hawaii Revised Statutes › Title 12. Conservation and Resources › 196. Energy Resources › 196-62.5 Financing for state government agencies.

§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)(2), upon terms and conditions as are agreed to between the department or agency and the Hawaii green infrastructure authority; provided that the loans shall be issued at an interest rate of 3.5 per cent a year; provided further that the loans shall not adversely affect the sustainability of the sub-fund or Hawaii green infrastructure special fund such that the replenishment of funds requires a higher interest rate in other financing agreements or an appropriation from the general fund.
(b) As may be applicable, an agency shall consult with the public benefits fee administrator of the commission prior to planning an energy-efficiency measure subject to this section. The agency's proposed energy-efficiency measures shall meet or exceed the public benefits fee administrator's enhanced efficiency levels and requirements to be eligible for the Hawaii green infrastructure loan program. The agency shall coordinate with the public benefits fee administrator throughout the entire project cycle to ensure that energy efficiency is maximized. All supporting documentation required by the public benefits fee administrator shall be provided by the agency to ensure compliance with the State's energy-efficiency portfolio standard under section 269-96.
(c) An agency shall submit an expenditure plan to the executive director of the Hawaii green infrastructure authority, who shall serve as the fiscal administrator for the loans issued pursuant to subsection (a) and shall make payment on behalf of the agency, as appropriate, upon submission of requests for payment from the agency.
(d) Beginning with fiscal year 2021-2022, and annually thereafter, an agency shall repay a loan issued pursuant to subsection (a) using general revenue savings that result from reduced energy costs due to financing the purchase of solar energy systems or other clean energy equipment, implementing energy-efficient lighting and other energy-efficiency measures, as well as operational and fuel cost savings achieved by the conversion of internal combustion vehicles to electric vehicles. [L 2018, c 121, §2; am L 2021, c 107, §4]
2023 Hawaii Revised Statutes › Title 12. Conservation and Resources › 196. Energy Resources › 196-63 Hawaii green infrastructure authority.

§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 members of the authority. The governor shall appoint the other two members, pursuant to section 26-34. The director shall be the chairperson of the authority. The authority shall be placed within the department for administrative purposes, pursuant to section 26-35; provided that until the authority is duly constituted, the department may exercise all powers reserved to the authority and shall perform all responsibilities of the authority. [L 2013, c 211, pt of §2; am L 2019, c 122, §3]
2023 Hawaii Revised Statutes › Title 12. Conservation and Resources › 196. Energy Resources › 196-65.5 Clean energy and energy efficiency revolving loan fund

§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 shall be administered by the authority. Funds deposited into the clean energy and energy efficiency revolving loan fund shall not be under the jurisdiction of, nor be subject to approval by, the commission and shall include:
(1) Any amounts, up to a total amount not to exceed $50,000,000, of moneys borrowed by the authority, with the approval of the governor, from federal, county, private, or other funding sources, pursuant to part III of chapter 39;
(2) Funds from federal, state, county, private, or other funding sources;
(3) Investments from public or private investors;
(4) Moneys received as repayment of loans and interest payments; provided that the repayment of loans and interest payments under this paragraph shall not include repayment of loans and interest collected as a result of funds advanced from proceeds of the green energy market securitization bonds; and
(5) Any fees collected by the authority under this section; provided that moneys collected as a result of the funds advanced from proceeds of the green energy market securitization bonds shall be kept separate from fees collected as a result of funds advanced from proceeds of the clean energy and energy efficiency revolving loan fund.
(b) Moneys in the clean energy and energy efficiency revolving loan fund shall be used to provide low-cost loans at below-market rates or other authorized financial assistance to eligible public, private, and nonprofit borrowers for clean energy investments or other authorized uses, or both, on terms approved by the authority. Moneys from the fund may be used to cover administrative and legal costs of fund management and management associated with individual loans, which include personnel, services, technical assistance, data collection and reporting, materials, equipment, and travel for the purposes of this section.
(c) Funds appropriated or authorized from the clean energy and energy efficiency revolving loan fund shall be expended by the authority. The authority may contract with other public or private entities for the provision of all or a portion of the services necessary for the administration and implementation of the loan fund program. The authority may set fees or charges for fund management and technical site assistance provided under this section.
(d) All interest earned on the loans, deposits, or investments of the moneys in the fund shall become part of the fund.
(e) The authority may establish subaccounts within the fund as necessary.
(f) The authority may adopt rules pursuant to chapter 91 to carry out the purposes of this section. [L 2021, c 107, §2]
2023 Hawaii Revised Statutes › Title 12. Conservation and Resources › 196. Energy Resources › 196-66 Use of Hawaii green infrastructure special fund; application.

§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 the department from applying for a financing order, pursuant to section 269-162, prior to the issuance of an order or orders to effectuate the Hawaii green infrastructure loan program under section 269-171, nor from requesting consolidation of the proceeding for a financing order with such a loan program implementation order.
(b) An application shall be submitted by the authority to the public utilities commission in accordance with section 269-170.
(c) In accordance with an approved green infrastructure loan program order or orders, the authority shall utilize the proceeds of bonds and other amounts deposited in the Hawaii green infrastructure special fund pursuant to [section] 196-65, or to the extent permitted by a financing order, to pay financing costs, as defined in section 269-161.
(d) Within the order or orders issued by the public utilities commission under section 269-171, the authority shall obtain approval from the public utilities commission requiring the electric utilities to serve as agents to bill and collect the green infrastructure charge imposed to repay green infrastructure costs and transfer all green infrastructure charges collected to the authority on behalf of the department. Notwithstanding anything to the contrary, electric utilities shall not be obligated to bill, collect, or remit green infrastructure charges from nonutility customers. [L 2013, c 211, pt of §2]
2023 Hawaii Revised Statutes › Title 12. Conservation and Resources › 196. Energy Resources › 196-67 Hawaii green infrastructure bond fund.

§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 property shall be paid. The Hawaii green infrastructure bond fund may also receive other moneys as the department may determine and as provided in a financing order, including, without limitation, green infrastructure charges.
(b) Moneys in the Hawaii green infrastructure bond fund shall be impressed with the lien created by, and shall be used solely for purposes set forth in, section 269-164. Upon payment or defeasance of all bonds and financing costs, moneys in the fund, at the direction of the department, may be transferred into the Hawaii green infrastructure special fund established pursuant to section 196-65 or other purpose as the department shall specify.
(c) The Hawaii green infrastructure bond fund shall be audited at least annually by a firm of independent certified public accountants selected by the department, and the results of this audit shall be provided to the department and the public utilities commission.
(d) Pursuant to section 39-68, the department shall appoint a trustee to receive, hold, and disburse all amounts required to be held in the Hawaii green infrastructure bond fund upon terms and conditions as set forth in a certificate, indenture, or trust agreement.
The Hawaii green infrastructure bond fund shall not be subject to section 37-53. [L 2013, c 211, pt of §2]
2023 Hawaii Revised Statutes › Title 12. Conservation and Resources › 196. Energy Resources › 196-68 Compliance with revenue bond law.

§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 infrastructure property; "loan program" shall include the loan program authorized under section 196-62; and "undertaking" shall include financing of the loan program through the issuance of green infrastructure revenue bonds;
(2) In addition and supplemental to any covenants recognized under section 39-60, any resolution, certificate, or indenture approved by the department may have additional or alternative covenants as may be consistent with this chapter, and the department may enter into a trust indenture, servicing agreement, or other financing documents having terms and conditions consistent with the financing order issued under section 269-163;
(3) In addition and supplemental to the power to impose rates, rentals, fees, or charges required under section 39-61, the department shall impose, adjust, and collect the green infrastructure fee as provided in section 269-166 and the financing order issued pursuant thereto; and
(4) In addition and supplemental to the uses specified in section 39-62, the green infrastructure fee shall be applied as provided in this chapter, the financing order, the certificate issued by the department, and any financing documents executed by the department in connection with the bonds. [L 2013, c 211, pt of §2]
2023 Hawaii Revised Statutes › Title 12. Conservation and Resources › 196. Energy Resources › 196-69 Reporting; annual report.

§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 report shall include a description and uses of the loan program; summary information and analytical data concerning the implementation of the loan program; summary information and analytical data concerning deployment of clean energy technology, demand response technology, and energy use reduction and demand side management infrastructure, programs, and services; and repayments made or credits provided to electric utility customers under this part or chapter 269, part X. [L 2013, c 211, pt of §2]
2023 Hawaii Revised Statutes › Title 12. Conservation and Resources › 196. Energy Resources › 196-70 Severability

§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 commission, an electric utility, the department, the authority, a bondholder, or any financing party, and any such action shall remain in full force and effect; and
(2) The validity and enforceability of the rest of this part shall remain unaffected. [L 2013, c 211, pt of §2]
2023 Hawaii Revised Statutes › Title 12. Conservation and Resources › 196. Energy Resources › 196-71 Hawaii state energy office; established.

§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 of business, economic development, and tourism for administrative purposes, pursuant to section 26-35. The purpose of the Hawaii state energy office shall be to promote energy efficiency, renewable energy, and clean transportation to help achieve a resilient clean energy economy.
(b) The Hawaii state energy office shall:
(1) Provide analysis and planning to actively develop and inform policies to achieve energy efficiency, renewable energy, energy resiliency, and clean transportation goals with the legislature, public utilities commission, state agencies, and other relevant stakeholders;
(2) Lead efforts to incorporate energy efficiency, renewable energy, energy resiliency, and clean transportation to reduce costs and achieve clean energy goals across all public facilities;
(3) Provide renewable energy, energy efficiency, energy resiliency, and clean transportation project deployment facilitation to assist private sector project completion when aligned with state energy goals; and
(4) Engage the private sector to help lead efforts to achieve renewable energy and clean transportation goals through the Hawaii clean energy initiative.
(c) The Hawaii state energy office shall be the State's primary government entity for supporting the clean energy initiative.
(d) No later than twenty days prior to the convening of each regular session, the Hawaii state energy office shall submit a report to the legislature that includes:
(1) A description of the activities of the Hawaii state energy office in response to the directives established pursuant to subsection (b) and section 196-72(d), along with progress in meeting any of the Hawaii state energy office goals established in or pursuant to this part;
(2) Progress by the State in meeting its energy efficiency, renewable energy, and clean transportation goals; and
(3) Proposed legislation, if any. [L 2019, c 122, pt of §2]
2023 Hawaii Revised Statutes › Title 12. Conservation and Resources › 196. Energy Resources › 196-81 Definitions.

§196-81 Definitions.
As used in this part:
"Chief energy officer" means the chief energy officer of the Hawaii state energy office.
"Compensation" means money or any other valuable thing, regardless of form, received or to be received by a person for services rendered.
"Computer" has the same meaning as in California Code of Regulations, Title 20, Section 1602(v), as amended.
"Computer monitor" has the same meaning as in California Code of Regulations, Title 20, Section 1602(v), as amended.
"Faucet" means a lavatory faucet, kitchen faucet, metering faucet, or replacement aerator for a lavatory or kitchen faucet.
"High color rendering index fluorescent lamp" means a fluorescent lamp with a color rendering index of eighty-seven or greater that is not a compact fluorescent lamp.
"Plumbing fixture" means an exchangeable device that connects to a plumbing system to deliver and drain away water and waste.
"Portable electric spa" means a factory-built electric spa or hot tub, which may include any combination of integral controls, water heating, or water circulating equipment.
"Residential ventilating fan" means a ceiling or wall-mounted fan, or remotely mounted in-line fan, designed to be used in a bathroom or utility room for the purpose of moving air from inside the building to the outdoors.
"Showerhead" means a device through which water is discharged for a shower or bath. "Showerhead" includes handheld showerheads and any other showerhead, except a safety showerhead.
"Spray sprinkler body" means the exterior case or shell of a sprinkler incorporating a means of connection to the piping system designed to convey water to a nozzle or orifice.
"Toilet" or "water closet" means a plumbing fixture that includes a water-containing receptor that is designed to receive liquid and solid human waste through an exposed integral trap into a drainage system. "Toilet" or "water closet" includes a dual-flush toilet.
"Trough-type urinal" means a urinal designed for simultaneous use by two or more persons.
"Urinal" means a plumbing fixture that is designed to receive only liquid body waste and conveys the waste through a trap into a drainage system. "Urinal" includes a trough-type urinal.
"Water cooler" means a freestanding device that consumes energy in order to dispense cold water, room-temperature water, hot water, or any combination thereof. "Water cooler" includes a storage-type water cooler and an on-demand water cooler. [L 2019, c 141, pt of §2; am L 2023, c 224, §2]
2023 Hawaii Revised Statutes › Title 12. Conservation and Resources › 196. Energy Resources › 196-83 Rules.

§196-83 Rules.
The chief energy officer may adopt rules pursuant to chapter 91 to:
(1) Enforce the minimum efficiency standards set forth in section 196-85; and
(2) Adopt or amend efficiency standards for any products as the chief energy officer deems appropriate, including but not limited to those products listed or incorporated in section 196-84(a); provided that the chief energy officer shall set efficiency standards upon a determination that new or increased efficiency standards would serve to promote energy or water conservation in the State and would be cost-effective for consumers who newly purchase and use those products; provided further that no new or increased efficiency standards shall become effective within one year following the adoption of any amended rules establishing the new or increased efficiency standards. [L 2019, c 141, pt of §2; am L 2023, c 224, §3]
2023 Hawaii Revised Statutes › Title 12. Conservation and Resources › 196. Energy Resources › 196-84 Scope.

§196-84 Scope.
(a)
Minimum efficiency standards are established under this part for the following products, if standards for these products are not preempted by federal law:
(1) Computers and computer monitors;
(2) Faucets;
(3) High color rendering index fluorescent lamps;
(4) Portable electric spas;
(5) Residential ventilating fans;
(6) Showerheads;
(7) Spray sprinkler bodies;
(8) Toilets;
(9) Urinals; and
(10) Water coolers.
(b) This section shall apply to the sale and offering for sale, lease, or rent of appliances under subsection (a) in the State.
(c) This section shall not apply to:
(1) New products manufactured in the State and sold outside the State;
(2) New products manufactured outside the State and sold at wholesale inside the State for final retail sale and installation outside the State;
(3) Products installed in mobile manufactured homes at the time of construction; or
(4) Products designed expressly for installation and use in recreational vehicles.
If any standard established under this part is subsequently preempted by federal law, all other state appliance efficiency standards not preempted shall remain in effect. [L 2019, c 141, pt of §2; am L 2023, c 224, §4]
2023 Hawaii Revised Statutes › Title 12. Conservation and Resources › 196. Energy Resources › 196-86 Implementation.

§196-86 Implementation.
(a) On or after January 1, 2021, no new computer or computer monitor, faucet, high color rendering index fluorescent lamp, showerhead, or spray sprinkler body shall be sold or offered for sale, lease, or rent in the State unless the efficiency of the new product meets or exceeds the efficiency standards provided in section 196-85.
(b) On or after January 1, 2025, no new portable electric spa, residential ventilating fan, toilet, urinal, or water cooler that is manufactured on or after January 1, 2025, shall be sold or offered for sale, lease, or rent in the State unless the efficiency of the new product meets or exceeds the minimum efficiency standards provided in section 196-85.
(c) One year after the date upon which the sale or offering for sale of certain products becomes subject to the requirements of subsections (a) and (b), these products shall not be installed for compensation in the State unless the efficiency of the new product meets or exceeds the minimum efficiency standards provided in section 196-85. [L 2019, c 141, pt of §2; am L 2023, c 224, §6]
2023 Hawaii Revised Statutes › Title 12. Conservation and Resources › 196. Energy Resources › 196-87 Protection against repeal of federal standards.

§196-87 Protection against repeal of federal standards.
(a) If any of the energy or water conservation standards issued or approved for publication by the Office of the United States Secretary of Energy as of January 19, 2017, pursuant to the Energy Policy and Conservation Act (Parts 430-431 of Title 10 of the Code of Federal Regulations), are withdrawn, repealed, or otherwise voided, the minimum energy or water efficiency level permitted for products previously subject to federal energy or water conservation standards shall be the previously applicable federal standards, and no such new product may be sold or offered for sale, lease, or rent in the State unless it meets or exceeds such standards.
(b) This section shall not apply to any federal energy or water conservation standard set aside by a court upon the petition of a person who will be adversely affected, as provided in Section 6306(b) of Title 42 of the United States Code. [L 2019, c 141, pt of §2]
2023 Hawaii Revised Statutes › Title 12. Conservation and Resources › 196. Energy Resources › 196-88 Testing, certification, and labeling.

§196-88 Testing, certification, and labeling.
Manufacturers shall test, certify, and label products meeting the minimum efficiency standards set forth in section 196-85 and may utilize testing, certification, and labeling programs of other states and federal agencies with similar standards, including the Home Ventilating Institute's certified products directory certification program, for purposes of compliance under this part. Products listed in California's Modernized Appliance Efficiency Database System shall be deemed to be in compliance with this part. [L 2019, c 141, pt of §2; am L 2023, c 224, §7]
2023 Hawaii Revised Statutes › Title 12. Conservation and Resources › 196. Energy Resources › 196-101 Definitions.

§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 ultraviolet energy generated by the mercury discharge into visible light, and includes the following characteristics:
(1) One base (end cap) of any type, including but not limited to screw, bayonet, two pins, and four pins;
(2) Integrally ballasted or non-integrally ballasted;
(3) Light emission between a correlated color temperature of one thousand seven hundred Kelvin and twenty-four thousand Kelvin and a Duv of +0.024 and -0.024 in the International Commission on Illumination Uniform Color Space;
(4) All tube diameters and all tube lengths; and
(5) All lamp sizes and shapes for directional and nondirectional installations, including but not limited to plug-in, spiral, twin tube, triple twin, 2D, U-bend, and circular.
"Linear fluorescent lamp" means a low-pressure, mercury-containing, electric-discharge light source in which a fluorescent coating transforms some of the ultraviolet energy generated by the mercury discharge into visible light, and includes all of the following characteristics:
(1) Two bases (end caps) of any type, including but not limited to single-pin, two-pin, and recessed double contact;
(2) Light emission between a correlated color temperature of one thousand seven hundred Kelvin and twenty-four thousand Kelvin and a Duv of +0.024 and -0.024 in the International Commission on Illumination Uniform Color Space;
(3) All tube diameters, including but not limited to T5, T8, T10, and T12;
(4) All tube lengths from 0.5 to eight feet, inclusive; and
(5) All lamp shapes, including but not limited to linear, U-bend, and circular. [L 2023, c 225, pt of §2]
2023 Hawaii Revised Statutes › Title 12. Conservation and Resources › 196. Energy Resources › 196-102 Fluorescent lamps; mercury-containing lighting; prohibited.

§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) Beginning January 1, 2026, a pin-base type compact fluorescent lamp or linear fluorescent lamp. [L 2023, c 225, pt of §2]
2023 Hawaii Revised Statutes › Title 12. Conservation and Resources › 196. Energy Resources › 196-103 Exemptions.

§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 emission and is one of the following:
(A) A lamp with high ultraviolet content that has ultraviolet power greater than two milliwatts per kilolumen;
(B) A lamp for germicidal use, such as the destruction of DNA, that emits a peak radiation of approximately 253.7 nanometers;
(C) A lamp used for disinfection or fly trapping from which either the radiation power emitted between two hundred fifty and three hundred fifteen nanometers represents at least five per cent of, or the radiation power emitted between three hundred fifteen and four hundred nanometers represents at least twenty per cent of, the total radiation power emitted between two hundred fifty and eight hundred nanometers;
(D) A lamp used for the generation of ozone where the primary purpose is to emit radiation at approximately 185.1 nanometers;
(E) A lamp used for coral zooxanthellae symbiosis from which the radiation power emitted between four hundred and four hundred eighty nanometers represents at least forty per cent of the total radiation power emitted between two hundred fifty and eight hundred nanometers; or
(F) Any lamp used in a sunlamp product. For the purposes of this subparagraph, "sunlamp product" has the same meaning as defined in title 21 Code of Federal Regulations section 1040.20(b)(9);
(3) Used for medical or veterinary diagnosis or treatment or used in a medical device;
(4) Used in pharmaceutical product manufacturing or quality control;
(5) Used for spectroscopy and photometric applications, such as ultraviolet-visible spectroscopy, molecular spectroscopy, atomic absorption spectroscopy, nondispersive infrared, Fourier transform infrared, medical analysis, ellipsometry, layer thickness measurement, process monitoring, or environmental monitoring;
(6) Used by academic and research institutions exclusively for conducting research projects and experiments; or
(7) Used to replace a lamp in previously manufactured motor vehicles. [L 2023, c 225, pt of §2]
2023 Hawaii Revised Statutes › Title 12. Conservation and Resources › 196D. Geothermal and Cable System Development › 196D-3 Definitions.

§196D-3 Definitions.
As used in this chapter unless the context clearly requires otherwise:
"Agency" means any department, office, board, or commission of the State or a county government which is a part of the executive branch of that government, but does not include any public corporation or authority that may be established by the legislature for the purposes of the project.
"Applicant" means any person who, pursuant to statute, ordinance, rule, or regulation, requests approval or a permit of the proposed project.
"Approval" means a discretionary consent required from an agency prior to the actual implementation of the project.
"Department" means the department of land and natural resources or any successor agency.
"Discretionary consent" means a consent, sanction, or recommendation from an agency for which judgment and free will may be exercised by the issuing agency, as distinguished from a ministerial consent.
"Environmental impact statement" means, as applicable, an informational document prepared in compliance with chapter 343 or with the National Environmental Policy Act of 1969 (Public Law 91-190).
"Interagency group" means the body established pursuant to section 196D-6.
"Permit" means any license, permit, certificate, certification, approval, compliance schedule, or other similar document or decision pertaining to any regulatory or management program which is related to the protection, conservation, use of, or interference with the natural resources of land, air, or water in the State and which is required prior to or in connection with the undertaking of the project.
"Person" includes any individual, partnership, firm, association, trust, estate, corporation, joint venture, consortium, any public corporation or authority that may be established by the legislature for the purposes of the project, or other legal entity other than an agency.
"Project" means the commercial development, construction, installation, financing, operation, maintenance, repair, and replacement, including without limitation all applicable exploratory, testing, and predevelopment activities related to the foregoing of:
(1) A geothermal power plant or plants, including all associated equipment, facilities, wells, and transmission lines, on the island of Hawaii for the purpose of generating electric energy for transmission primarily to the island of Oahu through the cable system; and
(2) An interisland deep water electrical transmission cable system, including all land-based transmission lines and other ancillary facilities, to transmit geothermally generated electric energy from the island of Hawaii to the island of Oahu, regardless of whether the cable system is used to deliver electric energy to any intervening point. [L 1988, c 301, pt of §1]
2023 Hawaii Revised Statutes › Title 12. Conservation and Resources › 196D. Geothermal and Cable System Development › 196D-4 Consolidated permit application and review process.

§196D-4 Consolidated permit application and review process.
(a) The department is designated as the lead agency for the purposes of this chapter and, in addition to its existing functions, shall establish and administer the consolidated permit application and review process provided for in this chapter, which shall incorporate the permitting functions of those agencies involved in the development of the project which are transferred by section 196D-10 to the department to effectuate the purposes of this chapter.
(b) The consolidated permit application and review process shall incorporate:
(1) A list of all permits required for the project;
(2) The role and functions of the department as the lead agency and the interagency group;
(3) All permit review and approval deadlines;
(4) A schedule for meetings and actions of the interagency group;
(5) A mechanism to resolve any conflicts that may arise between or among the department and any other agencies, including any federal agencies, as a result of conflicting permit, approval, or other requirements, procedures, or agency perspectives;
(6) Any other administrative procedures related to the foregoing; and
(7) A consolidated permit application form to be used for the project for all permitting purposes.
(c) The department shall perform all of the permitting functions for which it is currently responsible and which are transferred to it by section 196D-10 for the purposes of the project, and shall coordinate and consolidate all required permit reviews by other agencies, and to the fullest extent possible by all federal agencies, having jurisdiction over any aspect of the project. [L 1988, c 301, pt of §1]