SB 1439: RELATING TO NUISANCES.
- Session Year: 2025-2026
- House: Senate
- Latest Version Date: 2025-02-13
Current Status:
Failed
(2025-12-08: Carried over to 2026 Regular Session.)
Introduced
In Committee
First Chamber
In Committee
Second Chamber
Final Decking
Enacted
Clarifies that the Department of Health has the legal authority and obligation to prevent and address nuisances that affect environmental health or public health, or both. (SD1)
Clarifies that the Department of Health has the legal authority and obligation to prevent and address nuisances that affect environmental health or public health, or both.
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THE SENATE |
S.B. NO. |
1439 |
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THIRTY-THIRD LEGISLATURE, 2025 |
S.D. 1 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO NUISANCES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The legislature finds that the department of health's responsibility to protect both public and environmental health is essential, especially as climate change increases pressures on resources and communities. The recognition that the health of a community is closely tied to environmental conditions underscores the importance of preventing threats to the environment. Therefore, it is critical that the department of health has the clear legal authority and mandate to act not only in response to direct threats of disease but also when nuisances pose a risk to public or environmental health of a community.
Accordingly, the purpose of this Act is to clarify the legal authority of the department of health to prevent and address nuisances that threaten public or environmental health, both of which affect the overall health and well-being of the people of Hawaii as a whole.
SECTION 2. Chapter 322, Hawaii Revised Statutes, is amended by amending the title of part I to read as follows:
"PART I. PREVENTION AND ABATEMENT OF NUISANCES"
SECTION 3. Section 322-1, Hawaii Revised Statutes, is amended to read as follows:
"§322-1 [Removal, prevention.] Prevention;
abatement; destruction; removal.
The department of health and its agents shall examine into all nuisances,
such as [foul or] noxious odors, gases or vapors, water in which mosquito
larvae exist, sources of filth, and all causes of sickness or disease, on shore,
and in any vessel, which may be known to them or brought to their attention, [which]
that in their opinion are dangerous or injurious to public health or environmental
health, or both, and into any and all conditions created or existing [which]
that cause or tend [to cause sickness
or disease or] to be dangerous or injurious to public health or environmental
health, or both, and shall [cause the same to be abated, destroyed,
removed, or prevented.] prevent, abate, destroy, or remove the nuisance
or condition that causes a nuisance.
For the purposes of this part, a nuisance shall include:
(1) Toxic materials that are used in or by-products of the manufacture or conversion of methamphetamine, and clandestine drug labs that manufacture methamphetamine; and
(2) Odors and filth resulting from a person feeding feral birds."
SECTION 4. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 5. This Act shall take effect upon its approval.
Report Title:
DOH; Nuisance Prevention; Environmental Health; Public Health
Description:
Clarifies that the Department of Health has the legal authority and obligation to prevent and address nuisances that affect environmental health or public health, or both. (SD1)
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
|
THE SENATE |
S.B. NO. |
1439 |
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THIRTY-THIRD LEGISLATURE, 2025 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO NUISANCES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The legislature finds that the department of health's responsibility to protect both public and environmental health is essential, especially as climate change increases pressures on resources and communities. The recognition that the health of a community is closely tied to environmental conditions underscores the importance of preventing threats to the environment. Therefore, it is critical that the department of health has the clear legal authority and mandate to act not only in response to direct threats of disease but also when nuisances pose a risk to public or environmental health of a community.
Accordingly, the purpose of this Act is to clarify the legal authority of the department of health to prevent and address nuisances that threaten public or environmental health, both of which affect the overall health and well-being of the people of Hawaii as a whole.
SECTION 2. Chapter 322, Hawaii Revised Statutes, is amended by amending the title of part I to read as follows:
"PART I. PREVENTION AND ABATEMENT OF NUISANCES"
SECTION 3. Section 322-1, Hawaii Revised Statutes, is amended to read as follows:
"§322-1 [Removal, prevention.] Prevention;
abatement; destruction; removal.
The department of health and its agents shall examine into all nuisances,
such as foul or noxious odors, gases or vapors, water in which mosquito larvae
exist, sources of filth, and all causes of sickness or disease, on shore, and in
any vessel, which may be known to them or brought to their attention, [which]
that in their opinion are dangerous or injurious to public health or environmental
health, or both, and into any and all conditions created or existing [which]
that cause or tend [to cause sickness
or disease or] to be dangerous or injurious to public health or environmental
health, or both, and shall [cause the same to be abated, destroyed,
removed, or prevented.] prevent, abate, destroy, or remove the nuisance
or condition that causes a nuisance.
For purposes of this part, a nuisance shall include:
(1) Toxic materials that are used in or by-products of the manufacture or conversion of methamphetamine, and clandestine drug labs that manufacture methamphetamine; and
(2) Odors and filth resulting from a person feeding feral birds."
SECTION 4. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 5. This Act shall take effect upon its approval.
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INTRODUCED BY: |
_____________________________ |
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BY REQUEST |
Report Title:
DOH; Nuisance Prevention; Environmental Health; Public Health
Description:
Clarifies that the Department of Health has the legal authority and obligation to prevent and address nuisances that affect environmental health or public health, or both.
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
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Date
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Status
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| Dec 8, 2025 | Carried over to 2026 Regular Session. |
| Mar 6, 2025 | Referred to HLT, JHA, referral sheet 19 |
| Mar 6, 2025 | Pass First Reading |
| Mar 4, 2025 | Received from Senate (Sen. Com. No. 335) in amended form (SD 1). |
| Mar 4, 2025 | Report adopted; Passed Third Reading. Ayes, 25; Aye(s) with reservations: none . Noes, 0 (none). Excused, 0 (none). Transmitted to House. |
| Feb 28, 2025 | One Day Notice 03-04-25. |
| Feb 28, 2025 | Reported from JDC (Stand. Com. Rep. No. 975) with recommendation of passage on Third Reading. |
| Feb 26, 2025 | The committee(s) on JDC recommend(s) that the measure be PASSED, UNAMENDED. The votes in JDC were as follows: 4 Aye(s): Senator(s) Rhoads, Gabbard, Chang, San Buenaventura; Aye(s) with reservations: none ; 0 No(es): none; and 1 Excused: Senator(s) Awa. |
| Feb 21, 2025 | The committee(s) on JDC will hold a public decision making on 02-26-25 9:40AM; Conference Room 016 & Videoconference. |
| Feb 14, 2025 | Report adopted; Passed Second Reading, as amended (SD 1) and referred to JDC. |
| Feb 14, 2025 | Reported from HHS (Stand. Com. Rep. No. 496) with recommendation of passage on Second Reading, as amended (SD 1) and referral to JDC. |
| Feb 5, 2025 | The committee(s) on HHS recommend(s) that the measure be PASSED, WITH AMENDMENTS. The votes in HHS were as follows: 4 Aye(s): Senator(s) San Buenaventura, Aquino, Hashimoto, Keohokalole; Aye(s) with reservations: none ; 0 No(es): none; and 1 Excused: Senator(s) Fevella. |
| Jan 31, 2025 | The committee(s) on HHS has scheduled a public hearing on 02-05-25 1:00PM; Conference Room 225 & Videoconference. |
| Jan 27, 2025 | Referred to HHS, JDC. |
| Jan 23, 2025 | Introduced and passed First Reading. |
| Jan 21, 2025 | Pending Introduction. |
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Date
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Description
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Location
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Votes
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| Mar 4, 2025 | Third Reading | Senate Floor |
Passed |
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| Feb 26, 2025 | The committee(s) on JDC recommend(s) that the measure be PASSED, UNAMENDED | Senate Standing Committee on Judiciary |
Passed |
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| Feb 5, 2025 | The committee(s) on HHS recommend(s) that the measure be PASSED, WITH AMENDMENTS | Senate Standing Committee on Health and Human Services |
Passed |
This list shows positions taken on this bill by organizations on the date displayed, which is linked to the original source.
Positions by individuals are not included.
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Organization
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Position
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Date
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| Climate Protectors Hawaiʻi | ** Support | |
| Department of Health | ** Support | |
| Hawaiʻi Reef and Ocean Coalition | ** Support |
STAND. COM. REP. NO. 975
Honolulu, Hawaii
RE: S.B. No. 1439
S.D. 1
Honorable Ronald D. Kouchi
President of the Senate
Thirty-Third State Legislature
Regular Session of 2025
State of Hawaii
Sir:
Your Committee on Judiciary, to which was referred S.B. No. 1439, S.D. 1, entitled:
"A BILL FOR AN ACT RELATING TO NUISANCES,"
begs leave to report as follows:
The purpose and intent of this measure is to clarify that the Department of Health (DOH) has the legal authority and obligation to prevent and address nuisances that affect environmental health or public health, or both.
Your Committee received testimony in support of this measure from the Hawaiʻi Reef and Ocean Coalition and Climate Protectors Hawaiʻi.
Your Committee received comments on this measure from one individual.
Your Committee finds that the health of a community is closely tied to environmental conditions. Nuisances that threaten environmental health, such as vector-borne diseases, flooding, and wildfires, also have the potential to adversely affect human health. Therefore, for the DOH to fully address the well-being of the State's population, it must also address nuisances to environmental health. This measure affirms the DOH's responsibility under existing law to protect the overall wellness of the State's communities by clarifying that the DOH's oversight includes nuisances that threaten environmental health.
As affirmed by the record of votes of the members of your Committee on Judiciary that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 1439, S.D. 1, and recommends that it pass Third Reading.
Respectfully submitted on behalf of the members of the Committee on Judiciary,
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________________________________ KARL RHOADS, Chair |
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STAND. COM. REP. NO. 496
Honolulu, Hawaii
RE: S.B. No. 1439
S.D. 1
Honorable Ronald D. Kouchi
President of the Senate
Thirty-Third State Legislature
Regular Session of 2025
State of Hawaii
Sir:
Your Committee on Health and Human Services, to which was referred S.B. No. 1439 entitled:
"A BILL FOR AN ACT RELATING TO NUISANCES,"
begs leave to report as follows:
The purpose and intent of this measure is to clarify that the Department of Health has the legal authority and obligation to prevent and address nuisances that affect environmental health or public health, or both.
Your Committee received testimony in support of this measure from the Department of Health.
Your Committee received testimony in opposition to this measure from thirty-five individuals.
Your Committee finds that the Department of Health's responsibility to protect both public and environmental health is essential, especially as climate change increases pressures on resources and communities. Your Committee further finds that the recognition that the health of a community is closely tied to environmental conditions underscores the importance of preventing threats to the environment. This measure clarifies that the Department of Health has the clear statutory authority to act not only in response to direct threats of disease but also when nuisances pose a risk to public or environmental health of a community.
Your Committee acknowledges the concerns raised in testimony by the individuals in opposition to this measure and believes that the term "foul" as used in this measure can be easily misinterpreted. Your Committee further believes that the term "foul" is unnecessarily redundant and should be removed. Therefore, amendments to this measure are necessary to address this issue.
Accordingly, your Committee has amended this measure by:
(1) Deleting the word "foul"; and
(2) Making a technical, nonsubstantive amendment for the purposes of clarity and consistency.
As affirmed by the record of votes of the members of your Committee on Health and Human Services that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 1439, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 1439, S.D. 1, and be referred to your Committee on Judiciary.
Respectfully submitted on behalf of the members of the Committee on Health and Human Services,
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________________________________ JOY A. SAN BUENAVENTURA, Chair |
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Date
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Testimony PDF
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| Feb 25, 2025 | SB1439_SD1_TESTIMONY_JDC_02-26-25_.PDF |
| Feb 5, 2025 | SB1439_TESTIMONY_HHS_02-05-25_.PDF |
Bill Author
Bill Co-Author(s):