SB 2268: Equity; Universal Changing Accommodations; Public Accommodations; Public Entity Construction; Exemptions
- Session Year: 2025-2026
- House: Senate
- Latest Version Date: 2026-05-02
Current Status:
Passed
(2026-06-05: Act 102, on 06/05/2026 (Gov. Msg. No. 1202).)
Introduced
In Committee
First Chamber
In Committee
Second Chamber
Final Decking
Enacted
What does this bill do?
The bill requires new places of public accommodation and public-entity building projects to provide at least one "universal changing accommodation"—a powered, height-adjustable adult changing station—inside a public restroom. If a facility has gendered restrooms it must provide two such units (one for women and one for men) or a single unit accessible to any gender, and the locations must be clearly signed; public school facilities are exempt and projects may be excused if installation is technically infeasible or would cost more than 10% of the project. Violations can be sued in court rather than handled by the civil rights commission, with plaintiffs able to recover attorney fees, court costs, and a $100 award.
The summary is provided by generative AI which can make mistakes. For original language, please view the details in the table below.
Requires all places of public accommodation and public entity construction projects planned and designed after 7/31/2027 to provide at least one universal changing accommodation within the building in a public restroom, with certain exceptions. Makes conforming amendments to sections 489-6, 489-7.5, and 489-8, HRS, to prevent conflicts among the provisions. (CD1)
Requires all places of public accommodation and public entity construction projects planned and designed after 7/31/2027 to provide at least one universal changing accommodation within the building in a public restroom, with certain exceptions. Makes conforming amendments to sections 489-6, 489-7.5, and 489-8, HRS, to prevent conflicts among the provisions. Effective 7/1/3000. (HD1)
Requires all places of public accommodation and public entity construction projects planned and designed after 7/31/2027 to provide at least one universal changing accommodation within the building in a public restroom, with certain exceptions. Makes conforming amendments to sections 489-6, 489-7.5, and 489-8, HRS, to prevent conflicts among the provisions. Effective 1/1/2525. (SD2)
Requires all places of public accommodation and public entity construction projects designed after 7/31/2027 to provide at least one universal changing accommodation within the building in a public restroom, with certain exceptions. Makes conforming amendments to sections 489-6, 489-7.5, and 489-8, HRS, to prevent conflict among the provisions. Effective 1/1/2525. (SD1)
Requires all places of public accommodation and public entity construction projects constructed after 7/31/2027 to provide universal changing accommodations that are equally accessible regardless of gender.
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THE SENATE |
S.B. NO. |
2268 |
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THIRTY-THIRD LEGISLATURE, 2026 |
S.D. 2 |
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STATE OF HAWAII |
H.D. 1 |
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C.D. 1 |
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A BILL FOR AN ACT
RELATING TO EQUITY.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
"Part . Universal Changing Accommodations
§489-A Definitions. As used in this part:
"New establishment" means a place of public accommodation or public entity construction that is planned and designed after July 31, 2027.
"Public entity" has the same meaning as defined in title 42 United States Code section 12131.
"Public entity construction" means any building construction project or program initiated by a public entity or that utilizes public entity funds.
"Restroom for public use" means a restroom for a place of public accommodation or public entity construction that is accessible to persons other than employees.
"Universal changing accommodation" means a powered, height‑adjustable adult changing station that is floor- or wall‑mounted and installed within an enclosed restroom facility in a restroom for public use.
§489-B Universal changing accommodations; required. (a) Each new establishment shall provide, at a minimum, one universal changing accommodation within the building in a restroom for public use, as follows:
(1) Two universal changing accommodations for establishments utilizing gender-designated restrooms; provided that at least one is designated for or accessible by women and at least one is designated for or accessible by men; or
(2) One universal changing accommodation that is accessible to people of any gender identity or expression.
(b) Each new establishment shall conspicuously post signage indicating the location of each universal changing accommodation.
(c) A violation of this section shall constitute an unlawful discriminatory practice pursuant to this chapter.
§489-C Construction documents. Construction documents for each new establishment shall specify whether a restroom is a restroom for public use and the location of each universal changing accommodation within a restroom for public use pursuant to section 489-B.
§489-D Undue burden exemption. A new establishment shall not be subject to the provisions of this part if compliance would create an undue burden. Compliance shall be deemed to create an undue burden if:
(1) The construction of a universal changing accommodation in compliance with this part is technically infeasible as the term is defined in the 2010 Americans with Disabilities Act Standards for Accessible Design, title 28 Code of Federal Regulations part 36, appendix D, section 106.5; or
(2) The cost of providing universal changing accommodations exceeds ten per cent of the cost of constructing, purchasing, or substantially modifying the new establishment.
§489-E Violations; unlawful discriminatory practice; private cause of action. (a) Any person who is injured by an unlawful discriminatory practice pursuant to this part may bring proceedings to enjoin the unlawful discriminatory practice. If the judgment is for the plaintiff, the plaintiff shall be awarded:
(1) Reasonable attorneys' fees;
(2) The cost of the suit; and
(3) The sum of $100.
(b) Any action under this part shall be subject to the jurisdiction of the district courts pursuant to chapter 604 and may be commenced and conducted in the small claims division of the district court.
§489-F Exclusion from civil rights commission. Notwithstanding any other law to the contrary, this part shall not be subject to chapter 368 and shall not be enforced by the civil rights commission.
§489-G Exemption. This part shall not apply to public school facilities.
For the purposes of this section, "public school facility" means any building, structure, or portion thereof that is owned, leased, or operated by the department of education for the primary purpose of providing elementary or secondary education, including classrooms, administrative offices, and restrooms that serve students enrolled in grades kindergarten through twelve."
SECTION 2. Section 489-6, Hawaii Revised Statutes, is amended to read as follows:
"§489-6 Complaint against unfair
discrimination; reporting requirements.
The civil rights commission shall receive complaints of unfair
discriminatory treatment in public accommodations in accordance with the
procedures established under chapter 368; provided that this section shall not
apply to complaints under part II [of this chapter.] or
."
SECTION 3. Section 489-7.5, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:
"(a)
Any person who is injured by an unlawful discriminatory practice, other
than an unlawful discriminatory practice under part II [of this chapter,]
or , may:
(1) Sue for damages sustained, and, if the judgment is for the plaintiff, the plaintiff shall be awarded a sum not less than $1,000 or threefold damages by the plaintiff sustained, whichever sum is the greater, and reasonable attorneys' fees together with the costs of suit; and
(2) Bring proceedings to enjoin the unlawful discriminatory practices, and if the decree is for the plaintiff, the plaintiff shall be awarded reasonable attorneys' fees together with the cost of suit."
SECTION 4. Section 489-8, Hawaii Revised Statutes, is amended by amending subsection (c) to read as follows:
"(c)
This section shall not apply to violations of part II [of this
chapter.] or ."
SECTION 5. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.
SECTION 6. If any provision of this Act, or the application thereof to any person or circumstance, is held invalid, the invalidity does not affect other provisions or applications of the Act that can be given effect without the invalid provision or application, and to this end the provisions of this Act are severable.
SECTION 7. In codifying the new sections added by section 1 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 8. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 9. This Act shall take effect upon its approval.
Report Title:
Equity; Universal Changing Accommodations; Public Accommodations; Public Entity Construction; Exemptions
Description:
Requires all places of public accommodation and public entity construction projects planned and designed after 7/31/2027 to provide at least one universal changing accommodation within the building in a public restroom, with certain exceptions. Makes conforming amendments to sections 489-6, 489-7.5, and 489-8, HRS, to prevent conflicts among the provisions. (CD1)
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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THE SENATE |
S.B. NO. |
2268 |
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THIRTY-THIRD LEGISLATURE, 2026 |
S.D. 2 |
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STATE OF HAWAII |
H.D. 1 |
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A BILL FOR AN ACT
RELATING TO EQUITY.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
"Part . Universal Changing Accommodations
§489- Definitions. As used in this part:
"New establishment" means a place of public accommodation or public entity construction that is planned and designed after July 31, 2027.
"Public entity" has the same meaning as in title 42 United States Code section 12131.
"Public entity construction" means any building construction project or program initiated by a public entity or that utilizes public entity funds.
"Restroom for public use" means a restroom for a place of public accommodation or public entity construction that is accessible to persons other than employees.
"Universal changing accommodation" means a powered, height‑adjustable adult changing station that is floor- or wall‑mounted and installed within an enclosed restroom facility in a restroom for public use.
§489- Universal changing accommodations; required. (a) Each new establishment shall provide, at a minimum, one universal changing accommodation within the building in a restroom for public use, as follows:
(1) Two universal changing accommodations for establishments utilizing gender-designated restrooms; provided that at least one is designated for or accessible by women and at least one is designated for or accessible by men; or
(2) One universal changing accommodation that is accessible to people of any gender identity or expression.
(b) Each new establishment shall conspicuously post signage indicating the location of each universal changing accommodation.
(c) A violation of this section shall constitute an unlawful discriminatory practice pursuant to this chapter.
§489- Construction documents. Construction documents for each new establishment shall specify whether a restroom is a restroom for public use and the location of each universal changing accommodation within a restroom for public use.
§489- Undue burden exemption. A new establishment shall not be subject to the provisions of this part if compliance would create an undue burden. Compliance shall be deemed to create an undue burden if:
(1) The construction of a universal changing accommodation in compliance with this part is technically infeasible as the term is defined in the 2010 Americans with Disabilities Act Standards for Accessible Design, title 36 Code of Federal Regulations part 1191, (appendix B,) section 106.5; or
(2) The cost of providing universal changing accommodations exceeds ten per cent of the cost of constructing, purchasing, or substantially modifying the new establishment.
§489- Violations; unlawful discriminatory practice; private cause of action. (a) Any person who is injured by an unlawful discriminatory practice pursuant to this part may bring proceedings to enjoin the unlawful discriminatory practice. If the judgment is for the plaintiff, the plaintiff shall be awarded:
(1) Reasonable attorneys' fees;
(2) The cost of the suit; and
(3) The sum of $100.
(b) Any action under this part shall be subject to the jurisdiction of the district courts pursuant to chapter 604 and may be commenced and conducted in the small claims division of the district court.
§489- Exclusion from civil rights commission. Notwithstanding any other law to the contrary, this part shall not be subject to chapter 368 and shall not be enforced by the civil rights commission."
SECTION 2. Section 489-6, Hawaii Revised Statutes, is amended to read as follows:
"§489-6 Complaint against unfair
discrimination; reporting requirements.
The civil rights commission shall receive complaints of unfair
discriminatory treatment in public accommodations in accordance with the
procedures established under chapter 368; provided that this section shall not
apply to complaints under part II or [of
this chapter]."
SECTION 3. Section 489-7.5, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:
"(a)
Any person who is injured by an unlawful discriminatory practice, other
than an unlawful discriminatory practice under part II or
[of this chapter], may:
(1) Sue
for damages sustained, and, if the judgment is for the plaintiff, the plaintiff
shall be awarded a sum [not] no less than $1,000 or threefold
damages by the plaintiff sustained, whichever sum is the greater, and
reasonable attorneys' fees together with the costs of suit; and
(2) Bring proceedings to enjoin the unlawful discriminatory practices, and if the decree is for the plaintiff, the plaintiff shall be awarded reasonable attorneys' fees together with the cost of suit."
SECTION 4. Section 489-8, Hawaii Revised Statutes, is amended by amending subsection (c) to read as follows:
"(c)
This section shall not apply to violations of part II or
[of this chapter]."
SECTION 5. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.
SECTION 6. If any provision of this Act, or the application thereof to any person or circumstance, is held invalid, the invalidity does not affect other provisions or applications of the Act that can be given effect without the invalid provision or application, and to this end the provisions of this Act are severable.
SECTION 7. New statutory material is underscored.
SECTION 8. This Act shall take effect on July 1, 3000.
Report Title:
Equity; Universal Changing Accommodations; Public Accommodations; Public Entity Construction; Exemptions
Description:
Requires all places of public accommodation and public entity construction projects planned and designed after 7/31/2027 to provide at least one universal changing accommodation within the building in a public restroom, with certain exceptions. Makes conforming amendments to sections 489-6, 489-7.5, and 489-8, HRS, to prevent conflicts among the provisions. 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.
|
THE SENATE |
S.B. NO. |
2268 |
|
THIRTY-THIRD LEGISLATURE, 2026 |
S.D. 2 |
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STATE OF HAWAII |
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|
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A BILL FOR AN ACT
RELATING TO EQUITY.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
"Part . Universal Changing Accommodations
§489-A Definitions. As used in this part:
"New establishment" means a place of public accommodation or public entity construction that is planned and designed after July 31, 2027.
"Public entity" has the same meaning as defined in title 42 United States Code section 12131.
"Public entity construction" means any building construction project or program initiated by a public entity or that utilizes public entity funds.
"Restroom for public use" means a restroom for a place of public accommodation or public entity construction that is accessible to persons other than employees.
"Universal changing accommodation" means a powered, height‑adjustable adult changing station that is floor- or wall‑mounted and installed within an enclosed restroom facility in a restroom for public use.
§489-B Universal changing accommodations; required. (a) Each new establishment shall provide, at a minimum, one universal changing accommodation within the building in a restroom for public use, as follows:
(1) Two universal changing accommodations for establishments utilizing gender-designated restrooms; provided that at least one is designated for or accessible by women and at least one is designated for or accessible by men; or
(2) One universal changing accommodation that is accessible to people of any gender identity or expression.
(b) Each new establishment shall conspicuously post signage indicating the location of each universal changing accommodation.
(c) A violation of this section shall constitute an unlawful discriminatory practice pursuant to this chapter.
§489-C Construction documents. Construction documents for each new establishment shall specify whether a restroom is a restroom for public use and the location of each universal changing accommodation within a restroom for public use pursuant to section 489-B.
§489-D Undue burden exemption. A new establishment shall not be subject to the provisions of this part if compliance would create an undue burden. Compliance shall be deemed to create an undue burden if:
(1) The construction of a universal changing accommodation in compliance with this part is technically infeasible as the term is defined in the 2010 Americans with Disabilities Act Standards for Accessible Design, title 28 Code of Federal Regulations part 36, appendix D, section 106.5; or
(2) The cost of providing universal changing accommodations exceeds ten per cent of the cost of constructing, purchasing, or substantially modifying the new establishment.
§489-E Violations; unlawful discriminatory practice; private cause of action. (a) Any person who is injured by an unlawful discriminatory practice pursuant to this part may bring proceedings to enjoin the unlawful discriminatory practice. If the judgment is for the plaintiff, the plaintiff shall be awarded:
(1) Reasonable attorneys' fees;
(2) The cost of the suit; and
(3) The sum of $100.
(b) Any action under this part shall be subject to the jurisdiction of the district courts pursuant to chapter 604 and may be commenced and conducted in the small claims division of the district court.
§489-F Exclusion from civil rights commission. Notwithstanding any other law to the contrary, this part shall not be subject to chapter 368 or the jurisdiction of the civil rights commission."
SECTION 2. Section 489-6, Hawaii Revised Statutes, is amended to read as follows:
"§489-6 Complaint against unfair discrimination; reporting requirements. The civil rights commission shall receive complaints of unfair discriminatory treatment in public accommodations in accordance with the procedures established under chapter 368; provided that this section shall not apply to complaints under part II or of this chapter."
SECTION 3. Section 489-7.5, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:
"(a) Any person who is injured by an unlawful discriminatory practice, other than an unlawful discriminatory practice under part II or of this chapter, may:
(1) Sue for damages sustained, and, if the judgment is for the plaintiff, the plaintiff shall be awarded a sum not less than $1,000 or threefold damages by the plaintiff sustained, whichever sum is the greater, and reasonable attorneys' fees together with the costs of suit; and
(2) Bring proceedings to enjoin the unlawful discriminatory practices, and if the decree is for the plaintiff, the plaintiff shall be awarded reasonable attorneys' fees together with the cost of suit."
SECTION 4. Section 489-8, Hawaii Revised Statutes, is amended by amending subsection (c) to read as follows:
"(c) This section shall not apply to violations of part II or of this chapter."
SECTION 5. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.
SECTION 6. If any provision of this Act, or the application thereof to any person or circumstance, is held invalid, the invalidity does not affect other provisions or applications of the Act that can be given effect without the invalid provision or application, and to this end the provisions of this Act are severable.
SECTION 7. In codifying the new sections added by section 1 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 8. New statutory material is underscored.
SECTION 9. This Act shall take effect on January 1, 2525.
Report Title:
Equity; Universal Changing Accommodations; Public Accommodations; Public Entity Construction; Exemptions
Description:
Requires all places of public accommodation and public entity construction projects planned and designed after 7/31/2027 to provide at least one universal changing accommodation within the building in a public restroom, with certain exceptions. Makes conforming amendments to sections 489-6, 489-7.5, and 489-8, HRS, to prevent conflicts among the provisions. Effective 1/1/2525. (SD2)
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. |
2268 |
|
THIRTY-THIRD LEGISLATURE, 2026 |
S.D. 1 |
|
|
STATE OF HAWAII |
|
|
|
|
|
|
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|
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|
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A BILL FOR AN ACT
RELATING TO EQUITY.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
"Part . Universal Changing Accommodations
§489-A Definitions. As used in this part:
"New establishment" means a place of public accommodation or public entity construction that is constructed after July 31, 2027.
"Public entity" has the same meaning as defined in title 42 United States Code section 12131.
"Public entity construction" means any building construction project or program initiated by a public entity or that utilizes public entity funds.
"Restroom for public use" means a restroom for a place of public accommodation or public entity construction that is accessible to persons other than employees.
"Universal changing accommodation" means a powered, height‑adjustable adult changing station that is floor- or wall-mounted and installed within an enclosed restroom facility in a restroom for public use.
§489-B New establishments; criteria and application. A place of public accommodation or public entity construction shall be deemed to be constructed on the:
(1) Date that a certificate of occupancy was issued; or
(2) First date of occupancy for public use,
whichever is earlier, regardless of whether the place of public accommodation or public entity construction has obtained a certificate of occupancy in compliance with applicable state law and county ordinances.
§489-C Universal changing accommodations; required. (a) Each new establishment shall provide, at a minimum, one universal changing accommodation within the building in a restroom for public use, as follows:
(1) Two universal changing accommodations for establishments utilizing gender-designated restrooms; provided that at least one is designated for or accessible by women and at least one is designated for or accessible by men; or
(2) One universal changing accommodation that is accessible to people of any gender identity or expression.
(b) Each new establishment shall conspicuously post signage indicating the location of each universal changing accommodation.
(c) A violation of this section shall constitute an unlawful discriminatory practice pursuant to this chapter.
§489-D Construction documents. Construction documents for each new establishment shall specify whether a restroom is a restroom for public use and the location of each universal changing accommodation within a restroom for public use pursuant to section 489-C.
§489-E Undue burden exemption. A new establishment shall not be subject to the provisions of this part if compliance would create an undue burden. Compliance shall be deemed to create an undue burden if:
(1) The construction of a universal changing accommodation in compliance with this chapter is technically infeasible as the term is defined in the 2010 Americans with Disabilities Act Standards for Accessible Design, title 28 Code of Federal Regulations part 36, appendix D, section 106.5; or
(2) The cost of providing universal changing accommodations exceeds ten per cent of the cost of constructing, purchasing, or substantially modifying the new establishment.
§489-F Violations; unlawful discriminatory practice; private cause of action. (a) Any person who is injured by an unlawful discriminatory practice pursuant to this part may bring proceedings to enjoin the unlawful discriminatory practice. If the judgment is for the plaintiff, the plaintiff shall be awarded:
(1) Reasonable attorneys' fees;
(2) The cost of the suit; and
(3) The sum of $100.
(b) Any action under this part shall be subject to the jurisdiction of the district courts pursuant to chapter 604 and may be commenced and conducted in the small claims division of the district court.
§489-G Exclusion from civil rights commission. Notwithstanding any other law to the contrary, this part shall not be subject to chapter 368 or the jurisdiction of the civil rights commission."
SECTION 2. Section 489-6, Hawaii Revised Statutes, is amended to read as follows:
"§489-6 Complaint against unfair discrimination; reporting requirements. The civil rights commission shall receive complaints of unfair discriminatory treatment in public accommodations in accordance with the procedures established under chapter 368; provided that this section shall not apply to complaints under part II or of this chapter."
SECTION 3. Section 489-7.5, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:
"(a) Any person who is injured by an unlawful discriminatory practice, other than an unlawful discriminatory practice under part II or of this chapter, may:
(1) Sue for damages sustained, and, if the judgment is for the plaintiff, the plaintiff shall be awarded a sum not less than $1,000 or threefold damages by the plaintiff sustained, whichever sum is the greater, and reasonable attorneys' fees together with the costs of suit; and
(2) Bring proceedings to enjoin the unlawful discriminatory practices, and if the decree is for the plaintiff, the plaintiff shall be awarded reasonable attorneys' fees together with the cost of suit."
SECTION 4. Section 489-8, Hawaii Revised Statutes, is amended by amending subsection (c) to read as follows:
"(c) This section shall not apply to violations of part II or of this chapter."
SECTION 5. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.
SECTION 6. If any provision of this Act, or the application thereof to any person or circumstance, is held invalid, the invalidity does not affect other provisions or applications of the Act that can be given effect without the invalid provision or application, and to this end the provisions of this Act are severable.
SECTION 7. In codifying the new sections added by section 1 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 8. This Act shall take effect on January 1, 2525.
Report Title:
Equity; Universal Changing Accommodations; Public Accommodations; Public Entity Construction; Exemptions
Description:
Requires all places of public accommodation and public entity construction projects designed after 7/31/2027 to provide at least one universal changing accommodation within the building in a public restroom, with certain exceptions. Makes conforming amendments to sections 489-6, 489-7.5, and 489-8, HRS, to prevent conflict among the provisions. Effective 1/1/2525. (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. |
2268 |
|
THIRTY-THIRD LEGISLATURE, 2026 |
|
|
|
STATE OF HAWAII |
|
|
|
|
|
|
|
|
||
|
|
||
A BILL FOR AN ACT
Relating to Equity.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
"Part . Universal Changing Accommodations
§489-A Definitions. As used in this part:
"New establishment" means a place of public accommodation or public entity construction that is constructed after July 31, 2027.
"Public entity" has the same meaning as defined in title 42 United States Code section 12131.
"Public entity construction" means any building construction project or program initiated by a public entity or that utilizes public entity funds.
"Restroom for public use" means a restroom for a place of public accommodation or public entity construction that is accessible to persons other than employees.
"Universal changing accommodation" means a powered, height‑adjustable adult changing station that is either floor-or wall-mounted and installed within an enclosed restroom facility in a restroom for public use.
§489-B New establishments; criteria and application. A place of public accommodation or public entity construction shall be deemed to be constructed on either the:
(1) Date that a certificate of occupancy was issued; or
(2) First date of occupancy for public use;
whichever is earlier, regardless of whether the place of public accommodation or public entity construction has obtained a certificate of occupancy in compliance with applicable state law and county ordinances.
§489-C Universal changing accommodations; required. (a) On each floor containing restrooms for public use, each new establishment shall provide, at a minimum:
(1) Two universal changing accommodations for establishments utilizing gender-designated restrooms; provided that at least one is designated for or accessible by women and at least one is designated for or accessible by men; or
(2) One universal changing accommodation that is accessible to people of any gender identity or expression.
(b) Each new establishment shall conspicuously post signage indicating the location of each universal changing accommodation.
(c) A violation of this section shall constitute an unlawful discriminatory practice pursuant to this chapter.
§489-D Construction documents. Construction documents for each new establishment shall specify whether a restroom is a restroom for public use and the location of each universal changing accommodation within a restroom for public use pursuant to section 489-C.
§489-E Undue burden exemption. A new establishment shall not be subject to the provisions of this part if compliance would create an undue burden. Compliance shall be deemed to create an undue burden if:
(1) No reasonable physical option exists for providing universal changing accommodations; or
(2) The cost of providing universal changing accommodations exceeds ten per cent of the cost of constructing, purchasing, or substantially modifying the new establishment.
§489-F Violations; unlawful discriminatory practice; private cause of action. (a) Any person who is injured by an unlawful discriminatory practice pursuant to this part may bring proceedings to enjoin the unlawful discriminatory practice. If the judgment is for the plaintiff, the plaintiff shall be awarded:
(1) Reasonable attorneys' fees;
(2) The cost of the suit; and
(3) The sum of $100.
(b) Any action under this part shall be subject to the jurisdiction of the district courts pursuant to chapter 604 and may be commenced and conducted in the small claims division of the district court.
§489-G Exclusion from civil rights commission. Notwithstanding any other law to the contrary, this part shall not be subject to chapter 368 or the jurisdiction of the civil rights commission."
SECTION 2. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.
SECTION 3. If any provision of this Act, or the application thereof to any person or circumstance, is held invalid, the invalidity does not affect other provisions or applications of the Act that can be given effect without the invalid provision or application, and to this end the provisions of this Act are severable.
SECTION 4. In codifying the new sections added by section 1 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 5. This Act shall take effect upon its approval.
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INTRODUCED BY: |
_____________________________ |
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Report Title:
Equity; Universal Changing Accommodations; Public Accommodations; Public Entity Construction
Description:
Requires all places of public accommodation and public entity construction projects constructed after 7/31/2027 to provide universal changing accommodations that are equally accessible regardless of gender.
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
|
Status
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|---|---|
| Jun 5, 2026 | Act 102, on 06/05/2026 (Gov. Msg. No. 1202). |
| Jun 5, 2026 | Act 102, 06/05/2026 (Gov. Msg. No. 1202). |
| May 8, 2026 | Enrolled to Governor. |
| May 8, 2026 | Received notice of passage on Final Reading in House (Hse. Com. No. 888). |
| May 6, 2026 | Received notice of Final Reading (Sen. Com. No. 816). |
| May 6, 2026 | Passed Final Reading as amended in CD 1 with none voting aye with reservations; Representative(s) Pierick voting no (1) and Representative(s) Alcos excused (1). |
| May 6, 2026 | Passed Final Reading, as amended (CD 1). Ayes, 25; Aye(s) with reservations: none . 0 No(es): none. 0 Excused: none. |
| May 1, 2026 | Forty-eight (48) hours notice Wednesday, 05-06-26. |
| May 1, 2026 | Reported from Conference Committee (Conf Com. Rep. No. 230-26) as amended in (CD 1). |
| May 1, 2026 | 48 Hrs. Notice (as amended CD 1) 05-06-26. |
| May 1, 2026 | Reported from Conference Committee as amended CD 1 (Conf. Com. Rep. No. 230-26). |
| May 1, 2026 | The Conference committee recommends that the measure be PASSED, WITH AMENDMENTS. The votes of the Senate Conference Managers were as follows: 4 Aye(s): Senator(s) McKelvey, San Buenaventura, Kanuha, Awa; Aye(s) with reservations: none ; 0 No(es): none; and 1 Excused: Senator(s) Keohokalole. |
| May 1, 2026 | The Conference Committee recommends that the measure be Passed, with Amendments. The votes were as follows: 2 Ayes: Representative(s) Sayama, Lee, M.; Ayes with reservations: none; 0 Noes: none; and 1 Excused: Representative(s) Pierick. |
| May 1, 2026 | Conference committee meeting to reconvene on 05-01-26 3:50 PM; Conference Room 329. |
| May 1, 2026 | Conference committee meeting to reconvene on 05-01-26 12:55 PM; Conference Room 016. |
| Apr 30, 2026 | Conference committee meeting to reconvene on 05-01-26 10:20AM; Conference Room 016. |
| Apr 29, 2026 | Conference committee meeting scheduled for 04-30-26 10:15AM; Conference Room 016. |
| Apr 28, 2026 | Received notice of Senate conferees (Sen. Com. No. 789). |
| Apr 28, 2026 | Senate Conferees Appointed: McKelvey Chair; San Buenaventura, Keohokalole, Kanuha Co-Chairs; Awa. |
| Apr 23, 2026 | Received notice of appointment of House conferees (Hse. Com. No. 811). |
| Apr 22, 2026 | House Conferees Appointed: Sayama, Lee, M. Co-Chairs; Pierick. |
| Apr 16, 2026 | Received notice of disagreement (Sen. Com. No. 710). |
| Apr 16, 2026 | Senate disagrees with House amendments. |
| Apr 16, 2026 | Received from House (Hse. Com. No. 641). |
| Apr 14, 2026 | Passed Third Reading with none voting aye with reservations; Representative(s) Alcos voting no (1) and none excused (0). Transmitted to Senate. |
| Apr 10, 2026 | Deferred one day 04-14-26. |
| Apr 10, 2026 | Reported from FIN (Stand. Com. Rep. No. 2060-26), recommending passage on Third Reading. |
| Apr 7, 2026 | The committee on FIN recommend that the measure be PASSED, UNAMENDED. The votes were as follows: 15 Ayes: Representative(s) Todd, Takenouchi, Hartsfield, Hussey, Keohokapu-Lee Loy, Kitagawa, Kusch, Lee, M., Miyake, Perruso, Templo, Yamashita, Gedeon, Reyes Oda; Ayes with reservations: Representative(s) Alcos; Noes: none; and 1 Excused: Representative(s) Morikawa. |
| Apr 2, 2026 | Bill scheduled for decision making on Tuesday, 04-07-26 10:10AM in conference room 308 VIA VIDEOCONFERENCE. |
| Apr 2, 2026 | The committee(s) on FIN recommend(s) that the measure be deferred until 04-07-26. |
| Mar 31, 2026 | Bill scheduled to be heard by FIN on Thursday, 04-02-26 2:00PM in House conference room 308 VIA VIDEOCONFERENCE. |
| Mar 30, 2026 | Passed Second Reading as amended in HD 1 and referred to the committee(s) on FIN with Representative(s) Shimizu voting aye with reservations; Representative(s) Pierick voting no (1) and Representative(s) Cochran, Lowen, Perruso, Quinlan excused (4). |
| Mar 30, 2026 | Reported from LAB (Stand. Com. Rep. No. 1464-26) as amended in HD 1, recommending passage on Second Reading and referral to FIN. |
| Mar 24, 2026 | The committee on LAB recommend that the measure be PASSED, WITH AMENDMENTS. The votes were as follows: 6 Ayes: Representative(s) Sayama, Lee, M., Garrett, Kapela, Kong, Reyes Oda; Ayes with reservations: none; Noes: none; and Excused: none. |
| Mar 20, 2026 | Bill scheduled to be heard by LAB on Tuesday, 03-24-26 9:30AM in House conference room 309 VIA VIDEOCONFERENCE. |
| Mar 12, 2026 | Referred to LAB, FIN, referral sheet 17 |
| Mar 12, 2026 | Pass First Reading |
| Mar 10, 2026 | Received from Senate (Sen. Com. No. 202) in amended form (SD 2). |
| Mar 10, 2026 | Report adopted; Passed Third Reading, as amended (SD 2). Ayes, 25; Aye(s) with reservations: none . Noes, 0 (none). Excused, 0 (none). Transmitted to House. |
| Mar 6, 2026 | 48 Hrs. Notice 03-10-26. |
| Mar 6, 2026 | Reported from CPN/WAM (Stand. Com. Rep. No. 2921) with recommendation of passage on Third Reading, as amended (SD 2). |
| Mar 3, 2026 | The committee(s) on WAM recommend(s) that the measure be PASSED, WITH AMENDMENTS. The votes in WAM were as follows: 12 Aye(s): Senator(s) Dela Cruz, Moriwaki, DeCoite, Elefante, Hashimoto, Inouye, Kanuha, Kidani, Kim, Lee, C., Richards, Wakai; Aye(s) with reservations: none ; 0 No(es): none; and 1 Excused: Senator(s) Fevella. |
| Mar 3, 2026 | The committee(s) on CPN recommend(s) that the measure be PASSED, WITH AMENDMENTS. The votes in CPN were as follows: 4 Aye(s): Senator(s) Keohokalole, Fukunaga, Lamosao, McKelvey; Aye(s) with reservations: none ; 0 No(es): none; and 1 Excused: Senator(s) Awa. |
| Feb 27, 2026 | The committee(s) on CPN/WAM will hold a public decision making on 03-03-26 10:16AM; Conference Room 211 & Videoconference. |
| Feb 20, 2026 | Report adopted; Passed Second Reading, as amended (SD 1) and referred to CPN/WAM. |
| Feb 20, 2026 | Reported from GVO/HHS (Stand. Com. Rep. No. 2533) with recommendation of passage on Second Reading, as amended (SD 1) and referral to CPN/WAM. |
| Feb 17, 2026 | The committee(s) on GVO recommend(s) that the measure be PASSED, WITH AMENDMENTS. The votes in GVO were as follows: 4 Aye(s): Senator(s) McKelvey, Hashimoto, Moriwaki, Awa; Aye(s) with reservations: none ; 0 No(es): none; and 1 Excused: Senator(s) Gabbard. |
| Feb 17, 2026 | The committee(s) on HHS recommend(s) that the measure be PASSED, WITH AMENDMENTS. The votes in HHS were as follows: 3 Aye(s): Senator(s) San Buenaventura, McKelvey, Fevella; Aye(s) with reservations: none ; 0 No(es): none; and 2 Excused: Senator(s) Kanuha, Keohokalole. |
| Feb 10, 2026 | The committee(s) on GVO/HHS has scheduled a public hearing on 02-17-26 3:05PM; Conference Room 225 & Videoconference. |
| Feb 6, 2026 | Re-Referred to GVO/HHS, CPN/WAM. |
| Jan 26, 2026 | Referred to HHS/GVO, CPN/WAM. |
| Jan 21, 2026 | Introduced and passed First Reading. |
| Jan 15, 2026 | Pending Introduction. |
|
Date
|
Description
|
Location
|
Votes
|
|
|---|---|---|---|---|
| May 6, 2026 | Final Reading | House Floor |
Passed |
|
| May 6, 2026 | Final Reading | Senate Floor |
Passed |
|
| Apr 14, 2026 | Third Reading | House Floor |
Passed |
|
| Apr 7, 2026 | The committee on FIN recommend that the measure be PASSED, UNAMENDED | House Standing Committee on Finance |
Passed |
|
| Mar 24, 2026 | The committee on LAB recommend that the measure be PASSED, WITH AMENDMENTS | House Standing Committee on Labor |
Passed |
|
| Mar 10, 2026 | Third Reading | Senate Floor |
Passed |
|
| Mar 3, 2026 | The committee(s) on WAM recommend(s) that the measure be PASSED, WITH AMENDMENTS | Senate Standing Committee on Ways and Means |
Passed |
|
| Mar 3, 2026 | The committee(s) on CPN recommend(s) that the measure be PASSED, WITH AMENDMENTS | Senate Standing Committee on Commerce and Consumer Protection |
Passed |
|
| Feb 17, 2026 | The committee(s) on GVO recommend(s) that the measure be PASSED, WITH AMENDMENTS | Senate Standing Committee on Government Operations |
Passed |
|
| Feb 17, 2026 | 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.
|
Organization
|
Position
|
Date
|
|---|---|---|
| Department of Accounting and General Services | *** Support | Apr 2, 2026 |
| Disability and Communication Access Board | *** Support | Apr 2, 2026 |
| Executive Office on Aging | ** Support | |
| Full Life | *** Support | Mar 24, 2026 |
| Full Life Hawai'i | *** Support | Mar 24, 2026 |
| Goodwill Hawaiʻi | ** Support | |
| Hawaii Disability Rights Center | *** Support | Apr 2, 2026 |
| Hawaii Self-Advocacy Advisory Council | *** Support | Mar 24, 2026 |
| Hawaii Women Lawyers | *** Support | Apr 2, 2026 |
| Hawaiʻi State Lesbian, Gay, Bisexual, Transgender, Queer Plus Commission | ** Support | |
| Hawaiʻi Family Caregiver Coalition | *** Support | Apr 2, 2026 |
| Hawaiʻi Self Advocacy Advisory Council | *** Support | Apr 2, 2026 |
| Hawaiʻi State Council on Developmental Disabilities | *** Support | Apr 2, 2026 |
| Hawai‘i Civil Rights Commission | *** Support | Mar 24, 2026 |
| Hawai‘i State LGBTQ+ Commission | *** Support | Mar 24, 2026 |
| HOKU PAC | ** Support | |
| HOKU PAC | *** Support | Mar 24, 2026 |
| Independent Living Hawaii (AILH) | *** Support | Apr 2, 2026 |
| Maui Self-Advocate Advisory Council | *** Support | Mar 24, 2026 |
| Pride at Work ‑ Hawaiʻi | ** Support | |
| Pride at Work – Hawai‘i | *** Support | Apr 2, 2026 |
| Stonewall Caucus of the Democratic Party of Hawaiʻi | ** Support | |
| Waimea Easterseals | *** Support | Feb 17, 2026 |
STAND. COM. REP. NO. 2921
Honolulu, Hawaii
RE: S.B. No. 2268
S.D. 2
Honorable Ronald D. Kouchi
President of the Senate
Thirty-Third State Legislature
Regular Session of 2026
State of Hawaii
Sir:
Your Committees on Commerce and Consumer Protection and Ways and Means, to which was referred S.B. No. 2268, S.D. 1, entitled:
"A BILL FOR AN ACT RELATING TO EQUITY,"
beg leave to report as follows:
The purpose and intent of this measure is to:
(1) Require all places of public accommodation and public entity construction projects designed after July 31, 2027, to provide at least one universal changing accommodation within the building in a public restroom, with certain exceptions; and
(2) Make conforming amendments to sections 489-6, 489-7.5, and 489-8, Hawaii Revised Statutes, to prevent conflicts among the provisions.
Your Committees received testimony in support of this measure from the State Council on Developmental Disabilities; Executive Office on Aging; Disability and Communication Access Board; Hawaiʻi State Lesbian, Gay, Bisexual, Transgender, Queer Plus Commission; Hawaii Disability Rights Center; Pride at Work ‑ Hawaiʻi; Aloha Independent Living Hawaii; HOKU PAC; Stonewall Caucus of the Democratic Party of Hawaiʻi; Hawaiʻi Women Lawyers; and five individuals.
Your Committees received comments on this measure from the Department of Accounting and General Services and Department of Education.
Your Committees find that there is a lack of appropriate accessible public restroom and changing facilities in the State for those who require additional assistance or privacy. This measure would ensure that all residents of the State are afforded access to suitable public restrooms and changing facilities, which can provide opportunities for greater participation in community activities and public life.
Your Committees have amended this measure by:
(1) Clarifying that the definition of "new establishment" means a place of public accommodation or public entity construction that is planned and designed, rather than constructed, after July 31, 2027; and
(2) 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 Commerce and Consumer Protection and Ways and Means that are attached to this report, your Committees are in accord with the intent and purpose of S.B. No. 2268, S.D. 1, as amended herein, and recommend that it pass Third Reading in the form attached hereto as S.B. No. 2268, S.D. 2.
Respectfully submitted on behalf of the members of the Committees on Commerce and Consumer Protection and Ways and Means,
|
________________________________ DONOVAN M. DELA CRUZ, Chair |
|
________________________________ JARRETT KEOHOKALOLE, Chair |
|
|
|
|
STAND. COM. REP. NO. 2533
Honolulu, Hawaii
RE: S.B. No. 2268
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 Government Operations and Health and Human Services, to which was referred S.B. No. 2268 entitled:
"A BILL FOR AN ACT RELATING TO EQUITY,"
beg leave to report as follows:
The purpose and intent of this measure is to require all places of public accommodation and public entity construction projects constructed after July 31, 2027, to provide universal changing accommodations that are equally accessible regardless of gender.
Your Committees received testimony in support of this measure from the Disability and Communication Access Board; Hawaiʻi State Lesbian, Gay, Bisexual, Transgender, Queer Plus Commission; State Council on Developmental Disabilities; Hawaiʻi Civil Rights Commission; Hawaii Disability Rights Center; Pride at Work - Hawaiʻi; HOKU PAC; Goodwill Hawaiʻi; Hawaii Women Lawyers; and ten individuals.
Your Committees received comments on this measure from the Department of the Attorney General and Department of Accounting and General Services.
Your Committees find that individuals with significant mobility disabilities and transgender and gender diverse individuals often lack access to safe and dignified toileting facilities when in public spaces. Your Committee also finds that the absence of powered, height-adjustable changing stations force individuals and caregivers into unsafe, unsanitary, or undignified alternatives, hindering their public participation. This measure proactively addresses inequities while providing clarity and consistency for designers, developers, and public agencies.
Your Committees acknowledge the concerns raised in testimony by the State Council on Developmental Disabilities that requiring universal changing accommodations on each floor of a new establishment containing public restrooms may create unnecessary cost and construction barriers that could hinder long-term compliance, and that meaningful access can be achieved through a per-building standard, rather than a per-floor mandate. Your Committees also acknowledge testimony by the Department of the Attorney General, noting this measure's potential conflicts with existing provisions in chapter 489, Hawaii Revised Statutes. Therefore, amendments to this measure are necessary to address these concerns, thereby improving its feasibility and facilitating effective implementation.
Accordingly, your Committees have amended this measure by:
(1) Replacing language that would have required each floor within a new establishment to provide at least one universal changing accommodation with language that requires each new establishment to provide, at a minimum, one universal changing accommodation within the building in a restroom for public use;
(2) Deleting language that would have deemed an undue burden to be created if no reasonable physical option exists for providing universal changing accommodations;
(3) Inserting language specifying that an undue burden is created if the construction of a universal changing accommodation in compliance with the measure is technically infeasible as the term is defined in the 2010 Americans with Disabilities Act Standards for Accessible Design;
(4) Making conforming amendments to sections 489-6, 489-7.5, and 489-8, Hawaii Revised Statutes, to prevent potential conflicts with this measure;
(5) Inserting an effective date of January 1, 2525, to encourage further discussion; and
(6) 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 Government Operations and Health and Human Services that are attached to this report, your Committees are in accord with the intent and purpose of S.B. No. 2268, as amended herein, and recommend that it pass Second Reading in the form attached hereto as S.B. No. 2268, 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 Government Operations and Health and Human Services,
|
________________________________ JOY A. SAN BUENAVENTURA, Chair |
|
________________________________ ANGUS L.K. MCKELVEY, Chair |
|
|
|
|
|
Date
|
Testimony PDF
|
|---|---|
| Apr 2, 2026 | SB2268_HD1_TESTIMONY_FIN_04-02-26_.PDF |
| Mar 24, 2026 | SB2268_SD2_TESTIMONY_LAB_03-24-26_.PDF |
| Mar 3, 2026 | SB2268_SD1_TESTIMONY_WAM-CPN_03-03-26_.PDF |
| Feb 17, 2026 | SB2268_TESTIMONY_GVO-HHS_02-17-26_.PDF |
Discussed in Hearing
Conference Committee
Conference Committee
Conference Committee
Conference Committee
House Standing Committee on Labor
House Standing Committee on Labor
Senate Standing Committee on Agriculture and Environment
Senate Standing Committee on Government Operations
Bill Author
Bill Co-Author(s):