SB 2936: Parking; Persons with Disabilities; State and Local Government; Public Accomodations

A BILL FOR AN ACT

RELATING TO PARKING FOR DISABLED PERSONS.

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

     SECTION 1.  The legislature finds that parking in the State is extremely limited for disabled persons and kupuna.  While high tourism is the primary economic driver in the State, it also reduces the ability for disabled persons and kupuna to find parking.  According to the Hawaii disability and communication access board, approximately eight per cent of Hawaii's population has a mobility disability significant enough to qualify them for a disability parking permit.  Being unable to find appropriate parking limits the ability of disabled persons and kupuna to engage in public interaction, making them less integrated in the community.  In addition, disabled persons who are forced to park further away from a business or public entity are not able to easily access facilities and may have an increased risk of falling, which is the leading cause of death from injury among adults aged sixty-five and older.

     The legislature further finds as the State faces issues with high traffic and tourism, this limits the availability of parking for all.  As such, the State must uphold parking access for disabled persons and kupuna.

     Accordingly, the purpose of this Act is to increase the number of required accessible and van accessible parking spaces in parking lots with more than twenty-five parking spaces that are covered by title II or III of the Americans with Disabilities Act; however this Act is crafted so as not to burden small businesses who have less than seventy-five total parking spaces, as they may lack the ability to expand accessible spaces in their lots.

     SECTION 2.  Section 291-58, Hawaii Revised Statutes, is amended to read as follows:

     "[[]§291-58[]]  Requirement to provide parking for persons with disabilities; penalty.  (a)  Beginning July 1, 2002, any [public or private] entity covered by the Americans with Disabilities Act that provides a parking space reserved for persons with disabilities shall comply with this part and any administrative rules adopted under this part.

     (b)  Except as provided in subsection (c), beginning July 1, 2027, any public or private entity that operates a parking lot covered by title II or III of the Americans with Disabilities Act shall comply with the following:

     (1)  For a parking lot with one to twenty-five parking spaces:

          (A)  The minimum number of total accessible parking spaces (standard and van accessible) shall be one; and

          (B)  The minimum number of van accessible parking spaces (one in every three) shall be one;

     (2)  For a parking lot with twenty-six to fifty parking spaces:

          (A)  The minimum number of total accessible parking spaces (standard and van accessible) shall be three; and

          (B)  The minimum number of van accessible parking spaces (one in every three) shall be one;

     (3)  For a parking lot with fifty-one to seventy-five parking spaces:

          (A)  The minimum number of total accessible parking spaces (standard and van accessible) shall be three; and

          (B)  The minimum number of van accessible parking spaces (one in every three) shall be two;

     (4)  For a parking lot with seventy-six to one hundred parking spaces:

          (A)  The minimum number of total accessible parking spaces (standard and van accessible) shall be four; and

          (B)  The minimum number of van accessible parking spaces (one in every three) shall be two;

     (5)  For a parking lot with one hundred one to one hundred fifty parking spaces:

          (A)  The minimum number of total accessible parking spaces (standard and van accessible) shall be six; and

          (B)  The minimum number of van accessible parking spaces (one in every three) shall be three;

     (6)  For a parking lot with one hundred fifty-one to two hundred parking spaces:

          (A)  The minimum number of total accessible parking spaces (standard and van accessible) shall be eight; and

          (B)  The minimum number of van accessible parking spaces (one in every three) shall be three;

     (7)  For a parking lot with two hundred one to three hundred parking spaces:

          (A)  The minimum number of total accessible parking spaces (standard and van accessible) shall be twelve; and

          (B)  The minimum number of van accessible parking spaces (one in every three) shall be four;

     (8)  For a parking lot with three hundred one to four hundred parking spaces:

          (A)  The minimum number of total accessible parking spaces (standard and van accessible) shall be sixteen; and

          (B)  The minimum number of van accessible parking spaces (one in every three) shall be six;

     (9)  For a parking lot with four hundred one to five hundred parking spaces:

          (A)  The minimum number of total accessible parking spaces (standard and van accessible) shall be twenty; and

          (B)  The minimum number of van accessible parking spaces (one in every three) shall be seven;

    (10)  For a parking lot with five hundred one to one thousand parking spaces:

          (A)  The minimum number of total accessible parking spaces (standard and van accessible) shall be four per cent of the total number of spaces; and

          (B)  The minimum number of van accessible parking spaces (one in every three) shall be one of every three accessible spaces; and

    (11)  For a parking lot with more than one thousand parking spaces:

          (A)  The minimum number of total accessible parking spaces (standard and van accessible) shall be forty, plus two for each one hundred, or fraction thereof, over one thousand; and

          (B)  The minimum number of van accessible parking spaces (one in every three) shall be one of every three accessible spaces.

     (c)  Subsection (b) shall not apply to public entity, including the University of Hawaii, that manage an aggregate inventory of more than      parking stalls in one or more locations; provided that the entity's parking facilities comply with the accessible parking requirements of title 28 Code of Federal Regulations parts 35 and 36 and any applicable county ordinance governing accessible parking.

     (d)  A private entity that fails to comply with this section shall be fined not less than $250 nor more than $500 for each separate offense.  Each day of violation shall constitute a separate offense.  Any action taken to impose or collect any penalty provided for in this section shall be considered a civil action."

     SECTION 3.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 4.  This Act shall take effect on January 30, 2050.

Report Title:

Parking; Persons with Disabilities; State and Local Government; Public Accomodations

Description:

Beginning 7/1/27, increases the number of required accessible and van accessible parking spaces in parking lots with more than twenty-five parking spaces that are covered by title II or III of the Americans with Disabilities Act with certain expectations.  Effective 1/30/2050.  (SD1)

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

A BILL FOR AN ACT

relating to parking for disabled persons.

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

     SECTION 1.  The legislature finds that parking in the State is extremely limited for disabled persons and kupuna.  While high tourism is the primary economic driver in the State, it also reduces the ability for disabled persons and kupuna to find parking.  According to the Hawaii disability and communication access board, approximately eight per cent of Hawaii's population has a mobility disability significant enough to qualify them for a disability parking permit.  Being unable to find appropriate parking limits the ability of disabled persons and kupuna to engage in public interaction, making them less integrated in the community.  In addition, disabled persons who are forced to park further away from a business or public entity are not able to easily access facilities and may have an increased risk of falling, which is the leading cause of death from injury among adults aged sixty-five and older.

     The legislature further finds as the State faces issues with high traffic and tourism, this limits the available of parking for all.  As such, the State must uphold parking access for disabled persons and kupuna.

     Accordingly, the purpose of this Act is to increase the number of required accessible and van accessible parking spaces in parking lots with more than twenty-five parking spaces that are covered by title II or III of the Americans with Disabilities Act; however this Act is crafted so as not to burden small businesses who have less than seventy-five total parking spaces, as they may lack the ability to expand accessible spaces in their lots.

     SECTION 2.  Section 291-58, Hawaii Revised Statutes, is amended to read as follows:

     "[[]§291-58[]]  Requirement to provide parking for persons with disabilities; penalty.  (a)  Beginning July 1, 2002, any [public or private] entity covered by the Americans with Disabilities Act that provides a parking space reserved for persons with disabilities shall comply with this part and any administrative rules adopted under this part.

     (b)  Beginning July 1, 2027, any public or private entity that operates a parking lot covered by title II or III of the Americans with Disabilities Act shall comply with the following:

     (1)  For a parking lot with one to twenty-five spaces:

          (A)  The minimum number of total accessible parking spaces (standard and van accessible) shall be one; and

          (B)  The minimum number of van accessible parking spaces (one in every three) shall be one;

     (2)  For a parking lot with twenty-six to fifty spaces:

          (A)  The minimum number of total accessible parking spaces (standard and van accessible) shall be three; and

          (B)  The minimum number of van accessible parking spaces (one in every three) shall be one;

     (3)  For a parking lot with fifty-one to seventy-five spaces:

          (A)  The minimum number of total accessible parking spaces (standard and van accessible) shall be three; and

          (B)  The minimum number of van accessible parking spaces (one in every three) shall be two;

     (4)  For a parking lot with seventy-six to one hundred spaces:

          (A)  The minimum number of total accessible parking spaces (standard and van accessible) shall be four; and

          (B)  The minimum number of van accessible parking spaces (one in every three) shall be two;

     (5)  For a parking lot with one hundred one to one hundred fifty spaces:

          (A)  The minimum number of total accessible parking spaces (standard and van accessible) shall be six; and

          (B)  The minimum number of van accessible parking spaces (one in every three) shall be three;

     (6)  For a parking lot with one hundred fifty-one to two hundred spaces:

          (A)  The minimum number of total accessible parking spaces (standard and van accessible) shall be eight; and

          (B)  The minimum number of van accessible parking spaces (one in every three) shall be three;

     (7)  For a parking lot with two hundred one to three hundred spaces:

          (A)  The minimum number of total accessible parking spaces (standard and van accessible) shall be twelve; and

          (B)  The minimum number of van accessible parking spaces (one in every three) shall be four;

     (8)  For a parking lot with three hundred one to four hundred spaces:

          (A)  The minimum number of total accessible parking spaces (standard and van accessible) shall be sixteen; and

          (B)  The minimum number of van accessible parking spaces (one in every three) shall be six;

     (9)  For a parking lot with four hundred one to five hundred spaces:

          (A)  The minimum number of total accessible parking spaces (standard and van accessible) shall be twenty; and

          (B)  The minimum number of van accessible parking spaces (one in every three) shall be seven;

    (10)  For a parking lot with five hundred one to one thousand spaces:

          (A)  The minimum number of total accessible parking spaces (standard and van accessible) shall be four per cent of the total number of spaces; and

          (B)  The minimum number of van accessible parking spaces (one in every three) shall be one of every three accessible spaces; and

    (11)  For a parking lot with more than one thousand spaces:

          (A)  The minimum number of total accessible parking spaces (standard and van accessible) shall be forty, plus two for each one hundred, or fraction thereof, over one thousand; and

          (B)  The minimum number of van accessible parking spaces (one in every three) shall be one of every three accessible spaces.

     (c)  A private entity that fails to comply with this section shall be fined [not] no less than $250 nor more than $500 for each separate offense.  Each day of violation shall constitute a separate offense.  Any action taken to impose or collect any penalty provided for in this section shall be considered a civil action."

     SECTION 3.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 4.  This Act shall take effect upon its approval.

Report Title:

Parking; Persons with Disabilities

Description:

Beginning 7/1/27, increases the number of required accessible and van accessible parking spaces in parking lots with more than twenty-five parking spaces that are covered by title II or III of the Americans with Disabilities Act.

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. 2362

Honolulu, Hawaii

RE:     S.B. No. 2936

        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 Health and Human Services and Transportation, to which was referred S.B. No. 2936 entitled:

"A BILL FOR AN ACT RELATING TO PARKING FOR DISABLED PERSONS,"

beg leave to report as follows:

     The purpose and intent of this measure is to increase the number of required accessible and van accessible parking spaces in parking lots with more than twenty-five parking spaces that are covered by Title II or III of the Americans with Disabilities Act.

     Your Committees received testimony in support of this measure from the State Council on Developmental Disabilities, Disability and Communication Access Board, Hawaii Disability Rights Center, and four individuals.

     Your Committees received testimony in opposition to this measure from the Retail Merchants of Hawaii.

     Your Committees received comments on this measure from the University of Hawaiʻi System.

     Your Committees find that accessible parking is a foundational access issue for people with disabilities and older adults.  Your Committees further find that when accessible and van accessible parking spaces are insufficient, people with disabilities are effectively excluded from participating in community life, accessing services, and engaging in employment, commerce, and civic activities.  This measure promotes community integration, safety, and equal access for people with disabilities by updating parking requirements to better reflect real-world demand.

     Your Committees note the concerns raised in testimony by the Retail Merchants of Hawaii that requiring additional parking space conversions without a demonstrated need would reduce overall parking availability without necessarily improving access.  Accordingly, your Committees request advocates of this measure to provide details and statistics on the availability of disability parking permit placards in each county and whether that capacity would be sufficient to support this measure's proposed disability parking space requirements.

     Your Committees further note the concerns raised in testimony by the University of Hawaii that many university campuses are large and complex, with a diverse parking system that includes multiple parking structures, surface lots, and roadway parking distributed across a challenging topography.  Currently, accessible parking is managed using an aggregated, zone-based approach that aligns with campus access patterns and operational needs.  Without an exception, the University of Hawaii and similar entities may be expected to significantly and materially alter the way it manages its parking inventory, reducing overall parking capacity and increasing operational complexity related to enforcement, permitting, and customer service.  Therefore, amendments to this measure are necessary to address this concern.

     Your Committees have amended this measure by:

     (1)  Inserting language to exempt public entities, including the University of Hawaii, that manage an aggregate inventory of a certain number of parking stalls in one or more locations; provided that the entity's parking facilities are in compliance with the accessible parking requirements of title 28 Code of Federal Regulations parts 35 and 36 and any applicable county ordinance governing accessible parking;

     (2)  Inserting an effective date of January 30, 2050, to encourage further discussion; and

     (3)  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 Health and Human Services and Transportation that are attached to this report, your Committees are in accord with the intent and purpose of S.B. No. 2936, as amended herein, and recommend that it pass Second Reading in the form attached hereto as S.B. No. 2936, S.D. 1, and be referred to your Committee on Ways and Means.

Respectfully submitted on behalf of the members of the Committees on Health and Human Services and Transportation,