HB 867: Accessible Recreational Playground Equipment; Department School Playgrounds; Special Fund; Appropriation

A BILL FOR AN ACT

RELATING TO RECREATIONAL FACILITIES.

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

     SECTION 1.  The legislature finds that the lack of disability-compatible equipment in department of education playgrounds is having a negative impact on physically disabled youth in the State.  This causes disparate utilization of recreational facilities and prevents opportunities for socialization.  It is important to comply with the Americans with Disabilities Act.  Disabled community members have rights and it is important that these rights be recognized.

     The purpose of this Act is to enhance the inclusion of physically disabled youth in important socialization activities by:

     (1)  Beginning on June 30, 2030, requiring all new playgrounds constructed on department school grounds to have a minimal set of accessible recreational playground equipment; and

     (2)  Appropriating funds to the department of education to purchase and install accessible recreational playground equipment.

     SECTION 2.  Chapter 302A, Hawaii Revised Statutes, is amended by adding a new subpart to part IV to be appropriately designated and to read as follows:

"   .  right to Playgrounds accessible to all youth.

     §302A-A  Short title.  This subpart may be cited as the Right to PLAY Act.

     §302A-B  Definitions.  As used in this subpart:

     "Accessible recreational playground equipment" means recreational playground equipment that can be used by physically disabled youth.

     "Physically disabled" means having a physical impairment that substantially limits one or more major life activities.

     "Playground" means any public outdoor facility with apparatuses that are intended for the recreation of children, including but not limited to sliding boards, swing sets, and teeterboards.

     "Youth" means individuals under the age of eighteen.

     §302A-C  Accessible recreational playground equipment installation; minimum requirements.  (a)  Beginning on June 30, 2030, every new playground constructed on department school grounds shall include accessible recreational playground equipment as part of the playground apparatuses. 

     (b)  All accessible recreational playground equipment installed pursuant to this section shall comply with the standards set forth in the 2010 Americans with Disabilities Act Standards for Accessible Design, or any successor or similar guidelines or standards governing accessibility standards for public facilities.

     §302A-D  Accessible recreational playground equipment special fund.  (a)  There is established an accessible recreational playground equipment special fund to be administered by the department, which shall consist of moneys appropriated to the fund by the legislature.

     (b)  Moneys from the accessible recreational playground equipment special fund shall be expended by the department for the acquisition, installation, and maintenance of accessible recreational playground equipment.

     (c)  All unobligated, unencumbered, or unexpended funds remaining in the fund in excess of $           at the close of each fiscal year shall lapse to the general fund.

     §302A-E  Compliance with federal and state law.  All accessible recreational playground equipment shall comply with all applicable federal and state laws."

     SECTION 3.  There is appropriated out of the general revenues of the State of Hawaii the sum of $           or so much thereof as may be necessary for fiscal year 2025-2026 and the same sum or so much thereof as may be necessary for fiscal year 2026-2027 to be deposited into the accessible recreational playground equipment special fund established pursuant to section 302A-D, Hawaii Revised Statutes.

     SECTION 4.  There is appropriated out of the accessible recreational playground equipment special fund the sum of $           or so much thereof as may be necessary for fiscal year 2025-2026 and the same sum or so much thereof as may be necessary for fiscal year 2026-2027 for the purchase and installation of accessible recreational playground equipment on department school grounds.

     The sums appropriated shall be expended by the department of education for the purposes of this Act.

     SECTION 5.  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 6.  This Act shall take effect on July 1, 3000.

Report Title:

Accessible Recreational Playground Equipment; Department School Playgrounds; Special Fund; Appropriation

Description:

Beginning on 6/30/2030, requires all new playgrounds constructed on Department of Education school grounds to include accessible recreational playground equipment as part of the recreational apparatuses.  Establishes the Accessible Recreational Playground Equipment Special Fund.  Appropriates funds.  Effective 7/1/3000.  (HD2)

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 RECREATIONAL FACILITIES.

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

     SECTION 1.  The legislature finds that the lack of disability-compatible equipment in state parks and playgrounds and department of education playgrounds is having a negative impact on physically disabled youth in the State.  This causes disparate utilization of recreational facilities and prevents opportunities for socialization.  It is important to comply with the Americans with Disabilities Act.  Disabled community members have rights and it is important that these rights be recognized.

     The purpose of this Act is to enhance the inclusion of physically disabled youth in important socialization activities by:

     (1)  Beginning on June 30, 2030, requiring all new playgrounds constructed in state parks and on public school grounds to have a minimal set of accessible recreational playground equipment; and

     (2)  Appropriating funds to the department of land and natural resources and department of education to purchase and install accessible recreational playground equipment.

     SECTION 2.  The Hawaii Revised Statutes is amended by adding a new chapter to be appropriately designated and to read as follows:

"Chapter

right to Playgrounds accessible to all youth.

     §   -1  Short title.  This chapter may be cited as the Right to PLAY Act.

     §   -2  Definitions.  As used in this chapter:

     "Accessible recreational playground equipment" means recreational playground equipment that can be used by physically disabled youth.

     "Department" means department of land and natural resources.

     "Physically disabled" means having a physical impairment that substantially limits one or more major life activities.

     "Playground" means any public outdoor facility with apparatuses that are intended for the recreation of children, including but not limited to sliding boards, swing sets, and teeterboards.

     "Public school" has the same meaning as in section 302A‑101.

     "Youth" means individuals under the age of eighteen.

     §   -3  Accessible recreational playground equipment installation; minimum requirements.  (a)  Beginning on June 30, 2030, every new playground constructed in a state park or on public school grounds shall include accessible recreational playground equipment as part of the playground apparatuses. 

     (b)  All accessible recreational playground equipment installed pursuant to this section shall comply with the standards set forth in the 2010 Americans with Disabilities Act Standards for Accessible Design, or any successor or similar guidelines or standards governing accessibility standards for public facilities.

     §   -4  Accessible recreational playground equipment special fund.  (a)  There is established an accessible recreational playground equipment special fund to be administered by the department, which shall consist of moneys appropriated to the fund by the legislature.

     (b)  Moneys from the accessible recreational playground equipment special fund shall be expended by the department for the acquisition, installation, and maintenance of accessible recreational playground equipment.

     (c)  All unobligated, unencumbered, or unexpended funds remaining in the fund in excess of $           at the close of each fiscal year shall lapse to the general fund.

     §   -5  Compliance with federal law.  All accessible recreational playground equipment shall comply with all applicable federal and state laws."

     SECTION 3.  There is appropriated out of the general revenues of the State of Hawaii the sum of $           or so much thereof as may be necessary for fiscal year 2025-2026 and the same sum or so much thereof as may be necessary for fiscal year 2026-2027 to be deposited into the accessible recreational playground equipment special fund established pursuant to section    -4, Hawaii Revised Statutes.

     SECTION 4.  There is appropriated out of the accessible recreational playground equipment special fund the sum of $           or so much thereof as may be necessary for fiscal year 2025-2026 and the same sum or so much thereof as may be necessary for fiscal year 2026-2027 to purchase and install accessible recreational playground equipment in state parks.

     The sums appropriated shall be expended by the department of land and natural resources for the purposes of this Act.

     SECTION 5.  There is appropriated out of the accessible recreational playground equipment special fund the sum of $           or so much thereof as may be necessary for fiscal year 2025-2026 and the same sum or so much thereof as may be necessary for fiscal year 2026-2027 to be transferred to the department of education to purchase and install accessible recreational playground equipment on department of education public school grounds.

     The sums appropriated shall be expended by the department of land and natural resources for the purposes of this Act.

     SECTION 6.  This Act shall take effect on July 1, 3000.

Report Title:

Accessible Recreational Playground Equipment; State Parks; Public School Playgrounds; Special Fund; Appropriation

Description:

Beginning on 6/30/2030, requires all new playgrounds constructed in state parks and on public school grounds to include accessible recreational playground equipment as part of the recreational apparatuses.  Establishes the Accessible Recreational Playground Equipment Special Fund.  Appropriates funds.  Effective 7/1/3000.  (HD1)

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 recreational facilities.

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

     SECTION 1.  The legislature finds that the lack of disability-compatible equipment in state parks and playgrounds and department of education playgrounds is having a negative impact on physically disabled youth in the State.  This causes disparate utilization of recreational facilities as well as preventing opportunities for socialization.  It is important to comply with the Americans with Disabilities Act.  Disabled community members have rights and it is important that these rights be recognized.

     The purpose of this Act is to enhance the inclusion of physically disabled youth in important socialization activities by:

     (1)  By June 30, 2027, requiring all playgrounds located in state parks and on public school grounds to have a minimal set of special needs recreational playground equipment, including a wheelchair accessible swing set; and

     (2)  Appropriating funds to the department of land and natural resources and department of education to purchase and install special needs recreational playground equipment.

     SECTION 2.  The Hawaii Revised Statutes is amended by adding a new chapter to be appropriately designated and to read as follows:

"Chapter

right to Playgrounds accessible to all youth.

     §   -1  Short title.  This chapter may be cited as the Right to PLAY Act.

     §   -2  Definitions.  As used in this chapter:

     "Department" means department of land and natural resources.

     "Physically disabled" means having a physical impairment that substantially limits one or more major life activities.

     "Playground" means any public outdoor facility with apparatuses that are intended for the recreation of children, including but not limited to sliding boards, swing sets, and teeterboards.

     "Public school" has the same meaning as in section 302A‑101.

     "Special needs recreational playground equipment" means recreational playground equipment that can be used by physically disabled youth.

     "Youth" means individuals under the age of eighteen.

     §   -3  Special needs recreational playground equipment installation; minimum requirements.  (a)  No later than June 30, 2027, every playground located in a state park or on public school grounds shall include special needs recreational playground equipment as part of the playground apparatuses.  The special needs recreational playground equipment shall include at a minimum a wheelchair accessible swing set.

     (b)  All special needs recreational playground equipment installed pursuant to this section shall comply with the standards set forth in the 2010 Americans with Disabilities Act Standards for Accessible Design, or any successor or similar guidelines or standards governing accessibility standards for public facilities.

     §   -4  Special needs recreational playground equipment special fund.  (a)  There is established a special needs recreational playground equipment special fund to be administered by the department, which shall consist of moneys appropriated to the fund by the legislature.

     (b)  Moneys from the special needs recreational playground equipment special fund shall be used by the State for the acquisition, installation, and maintenance of special needs recreational playground equipment.

     (c)  All unobligated, unencumbered, or unexpended funds remaining in the fund in excess of $           at the close of each fiscal year shall lapse to the general fund.

     §   -5  Compliance with federal law.  All special needs recreational playground equipment shall comply with all applicable federal and state laws."

     SECTION 3.  There is appropriated out of the general revenues of the State of Hawaii the sum of $           or so much thereof as may be necessary for fiscal year 2025-2026 and the same sum or so much thereof as may be necessary for fiscal year 2026-2027 to be deposited into the special needs recreational playground equipment special fund established pursuant to section    -4, Hawaii Revised Statutes.

     SECTION 4.  There is appropriated out of the special needs recreational playground equipment special fund the sum of $           or so much thereof as may be necessary for fiscal year 2025-2026 and the same sum or so much thereof as may be necessary for fiscal year 2026-2027 to purchase and install special needs recreational playground equipment in state parks.

     The sums appropriated shall be expended by the department of land and natural resources for the purposes of this Act.

     SECTION 5.  There is appropriated out of the special needs recreational playground equipment special fund the sum of $           or so much thereof as may be necessary for fiscal year 2025-2026 and the same sum or so much thereof as may be necessary for fiscal year 2026-2027 to purchase and install special needs recreational playground equipment on department of education public school grounds.

     The sums appropriated shall be expended by the department of education for the purposes of this Act.

     SECTION 6.  This Act shall take effect on July 1, 2025.

Report Title:

Special Needs Recreational Playground Equipment; State Parks; Public School Playgrounds; Special Fund; Appropriation

Description:

Requires all playgrounds located in state parks and on public school grounds to include special needs recreational playground equipment as part of the recreational apparatuses by 6/30/2027, including at a minimum a wheelchair accessible swing set.  Establishes the Special Needs Recreational Playground Equipment Special Fund.  Appropriates funds.

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.  1033

Honolulu, Hawaii

                , 2025

RE:   H.B. No. 867

      H.D. 2

Honorable Nadine K. Nakamura

Speaker, House of Representatives

Thirty-Third State Legislature

Regular Session of 2025

State of Hawaii

Madame:

     Your Committee on Finance, to which was referred H.B. No. 867, H.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO RECREATIONAL FACILITIES,"

begs leave to report as follows:

     The purpose of this measure is to:

     (1)  Require, beginning on June 30, 2030, all new playgrounds constructed in state parks and on public school grounds to have a minimal set of accessible recreational playground equipment; and

     (2)  Establish the Accessible Recreational Playground Equipment Special Fund and appropriate funds to the Department of Land and Natural Resources and Department of Education to purchase and install accessible recreational playground equipment.

     Your Committee received testimony in support of this measure from the State Council on Developmental Disabilities; Hawaii Self-Advocacy Advisory Council; Hawaii Disability Rights Center; and one individual.  Your Committee received comments on this measure from the Department of Education; Department of Land and Natural Resources; and Disability and Communication Access Board.

     Your Committee has amended this measure by:

     (1)  Removing the requirement and appropriation of funds for all newly constructed playgrounds located in state parks to have a minimal set of accessible recreation playground equipment;

     (2)  Clarifying that the requirement for all new playgrounds constructed to have a minimal set of accessible recreational playground equipment applies to Department of Education schools, rather than all public schools;

     (3)  Changing the agency tasked with implementing this measure from the Department of Land and Natural Resources to the Department of Education; and

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

     As affirmed by the record of votes of the members of your Committee on Finance that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 867, H.D. 1, as amended herein, and recommends that it pass Third Reading in the form attached hereto as H.B. No. 867, H.D. 2.

Respectfully submitted on behalf of the members of the Committee on Finance,

STAND. COM. REP. NO.  759

Honolulu, Hawaii

                , 2025

RE:   H.B. No. 867

      H.D. 1

Honorable Nadine K. Nakamura

Speaker, House of Representatives

Thirty-Third State Legislature

Regular Session of 2025

State of Hawaii

Madame:

     Your Committee on Education, to which was referred H.B. No. 867, H.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO RECREATIONAL FACILITIES,"

begs leave to report as follows:

     The purpose of this measure is to:

     (1)  Require, by June 30, 2030, all playgrounds located in state parks and on public school grounds to have a minimal set of accessible recreational playground equipment; and

     (2)  Appropriate funds to the Department of Land and Natural Resources and Department of Education to purchase and install accessible recreational playground equipment.

     Your Committee received testimony in support of this measure from the Hawaiʻi State Council on Developmental Disabilities; Disability and Communication Access Board; Hawaii Disability Rights Center; and three individuals.  Your Committee received comments on this measure from the Department of Education; Department of Budget and Finance; and Department of Land and Natural Resources' Division of State Parks.

     Your Committee finds that the lack of disability-compatible equipment in Department of Education playgrounds and state parks and playgrounds can have a negative impact on physically disabled youth in Hawaii.  Your Committee further finds that installing accessible recreational playground equipment in playgrounds will enhance the inclusion of physically disabled youth in important socialization activities.

     As affirmed by the record of votes of the members of your Committee on Education that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 867, H.D. 1, and recommends that it be referred to your Committee on Finance.

Respectfully submitted on behalf of the members of the Committee on Education,

STAND. COM. REP. NO.  237

Honolulu, Hawaii

                , 2025

RE:   H.B. No. 867

      H.D. 1

Honorable Nadine K. Nakamura

Speaker, House of Representatives

Thirty-Third State Legislature

Regular Session of 2025

State of Hawaii

Madame:

     Your Committee on Water & Land, to which was referred H.B. No. 867 entitled:

"A BILL FOR AN ACT RELATING TO RECREATIONAL FACILITIES,"

begs leave to report as follows:

     The purpose of this measure is to enhance the inclusion of physically disabled youth in important socialization activities by:

     (1)  Requiring by June 30, 2027, all playgrounds located in state parks and on public school grounds to have a minimal set of special needs recreational playground equipment, including a wheelchair accessible swing set; and

     (2)  Appropriating funds to the Department of Land and Natural Resources and Department of Education to purchase and install special needs recreational playground equipment.

     Your Committee received testimony in support of this measure from the Hawai‘i State Council on Developmental Disabilities; Hawaii Disability Rights Center; Hawaii Self-Advocacy Advisory Council; and two individuals.  Your Committee received comments on this measure from the Department of Budget and Finance; Department of Education; Department of Land and Natural Resources' Division of State Parks; and Disability and Communication Access Board.

     Your Committee finds that accessible recreational spaces are essential for the physical, social, and emotional development of all children, including those with disabilities.  Currently, many state parks and public school playgrounds lack equipment that accommodates physically disabled youth, limiting their ability to engage in play, interact with peers, and participate fully in their communities.  Ensuring that playgrounds include disability-compatible equipment will promote inclusivity and foster an environment where all children can enjoy recreation and socialization.

     Your Committee has amended this measure by:

     (1)  Beginning on June 30, 2030, requiring all new playgrounds constructed in state parks and public schools to include accessible recreational equipment, rather than requiring the installation of accessible recreational equipment in all playgrounds located in state parks and public schools by June 30, 2027;

     (2)  Changing all references from "special needs recreational playground equipment" to "accessible recreational playground equipment";

     (3)  Removing the requirement that playgrounds include a wheelchair accessible swing set;

     (4)  Renaming the special fund created by this measure the "Accessible Recreational Playground Equipment Special Fund";

     (5)  Changing the effective date to July 1, 3000, to encourage further discussion; and

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

     As affirmed by the record of votes of the members of your Committee on Water & Land that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 867, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 867, H.D. 1, and be referred to your Committee on Education.

Respectfully submitted on behalf of the members of the Committee on Water & Land,