SB 559: PROPOSING AN AMENDMENT TO ARTICLE I OF THE HAWAII STATE CONSTITUTION TO RECOGNIZE AND PROTECT THE INHERENT AND INALIENABLE RIGHT OF ALL PEOPLE TO CLEAN WATER AND AIR, A HEALTHFUL ENVIRONMENT AND CLIMATE, HEALTHY NATIVE ECOSYSTEMS, AND BEACHES.

A BILL FOR AN ACT

PROPOSING AN AMENDMENT TO ARTICLE I OF THE HAWAII STATE CONSTITUTION TO RECOGNIZE AND PROTECT THE INHERENT AND INALIENABLE RIGHT OF ALL PEOPLE TO CLEAN WATER AND AIR, A HEALTHFUL ENVIRONMENT AND CLIMATE, HEALTHY NATIVE ECOSYSTEMS, AND BEACHES.

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

     SECTION 1.  The purpose of this Act is to propose an amendment to article I, of the Hawaii State Constitution to establish the constitutional right of the people, including present and future generations, to clean water and air, a healthful environment and climate, healthy native ecosystems, and beaches, that shall be protected and shall not be infringed.

     This proposed amendment reflects the rooted traditions and collective cultural conscience of the State's people, and exemplifies the fundamental Native Hawaiian notion of Aloha Aina, which translates to "love of the land" and is central to Native Hawaiian values and beliefs.  The amendment will complement existing constitutional provisions and reinforce protections of human health, natural and cultural values, and the environment, all of which are essential to the sustenance of the State as well as the intrinsic beauty of its islands that attract admiration from peoples all over the world.

     SECTION 2.  Article I of the Constitution of the State of Hawaii is amended by adding a new section to be appropriately designated and to read as follows:

"ENVIRONMENTAL RIGHTS

     Section   .  The inherent and inalienable rights of the people, including present and future generations, to clean water and air, a healthful environment and climate, healthy native ecosystems and beaches, shall be protected and shall not be infringed."

     SECTION 3.  The question to be printed on the ballot shall be as follows:

     "Shall the Hawaii State Constitution be amended to ensure the inherent and inalienable right of the people, including present and future generations, to clean water and air, a healthful environment and climate, healthy native ecosystems, and beaches, shall be protected and shall not be infringed?"

     SECTION 4.  New constitutional material is underscored.

     SECTION 5.  This amendment shall take effect upon compliance with article XVII, section 3, of the Constitution of the State of Hawaii.

Report Title:

Constitutional Amendment; Green Amendment; Environmental Protection

Description:

Proposes a constitutional amendment to ensure that the inherent and inalienable right of the people, including future generations, to clean water and air, a healthful environment and climate, healthy native ecosystems, and beaches, shall be protected and shall not be infringed.  (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

Proposing an amendment to article I of the hawaii state constitution to recognize and protect the inherent and inalienable right of all people to clean water and air, a healthful environment and climate, healthy native ecosystems, and beaches.

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

     SECTION 1.  The purpose of this Act is to propose an amendment to article I, of the Hawaii State Constitution to establish the constitutional right of the people, to clean water and air, a healthful environment and climate, healthy native ecosystems, and beaches, that shall be protected and shall not be infringed.

     This proposed amendment reflects the rooted traditions and collective cultural conscience of the State's people, and exemplifies the fundamental Native Hawaiian notion of Aloha Aina, which translates to "love of the land" and is central to Native Hawaiian values and beliefs.  The amendment will complement existing constitutional provisions and reinforce protections of human health, natural and cultural values, and the environment, all of which are essential to the sustenance of the State as well as the intrinsic beauty of its islands that attract admiration from peoples all over the world.

     SECTION 2.  Article I of the Constitution of the State of Hawaii is amended by adding a new section to be appropriately designated and to read as follows:

"ENVIRONMENTAL RIGHTS

     §    .  The inherent and inalienable rights of the people, including present and future generations, to clean water and air, a healthful environment and climate, healthy native ecosystems and beaches, shall be protected and shall not be infringed."

     SECTION 3.  The question to be printed on the ballot shall be as follows:

     "Shall the Hawaii State Constitution be amended to ensure the inherent and inalienable right of the people, including present and future generations, to clean water and air, a healthful environment and climate, healthy native ecosystems, and beaches, shall be protected and shall not be infringed?"

     SECTION 4.  New constitutional material is underscored.

     SECTION 5.  This amendment shall take effect upon compliance with article XVII, section 3, of the Constitution of the State of Hawaii.

Report Title:

Constitutional Amendment; Green Amendment; Environmental Protection

Description:

Proposes a constitutional amendment to ensure that the inherent and inalienable right of the people, including future generations, to clean water and air, a healthful environment and climate, healthy native ecosystems, and beaches, shall be protected and shall not be infringed.

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. 42

Honolulu, Hawaii

RE:    S.B. No. 559

       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 Agriculture and Environment, to which was referred S.B. No. 559 entitled:

"A BILL FOR AN ACT PROPOSING AN AMENDMENT TO ARTICLE I OF THE HAWAII STATE CONSTITUTION TO RECOGNIZE AND PROTECT THE INHERENT AND INALIENABLE RIGHT OF ALL PEOPLE TO CLEAN WATER AND AIR, A HEALTHFUL ENVIRONMENT AND CLIMATE, HEALTHY NATIVE ECOSYSTEMS, AND BEACHES,"

begs leave to report as follows:

     The purpose and intent of this measure is to propose a constitutional amendment to ensure that the inherent and inalienable right of the people, including future generations, to clean water and air, a healthful environment and climate, healthy native ecosystems, and beaches, shall be protected and shall not be infringed.

     Your Committee received testimony in support of this measure from the Department of Land and Natural Resources, Hawaiʻi Climate Change Mitigation and Adaptation Commission, Hawaiʻi Farmers Union United, Green Party of Hawaiʻi, Coalition Earth, 350Hawaii, Chamber of Sustainable Commerce, Environmental Caucus of the Democratic Party of Hawaiʻi, Climate Protectors Hawaiʻi, Friends of Hanauma Bay, Green Amendments for the Generation, Greenpeace Hawaii, Hawaii Alliance for Progressive Action, Hawaii Interfaith Power and Light, Hawaii Reef and Ocean Coalition, Hawaii Youth Climate Coalition, Kauai Climate Action Coalition, Kauai Women's Caucus, Our Revolution Hawaii, Surfrider Foundation, Trinity United Methodist Church, Wastewater Alternatives and Innovations, Zero Waste Kauai, and thirty-two individuals.

     Your Committee received comments on this measure from the Department of the Attorney General.

     Your Committee finds that Article XI, Section 9, of the Hawaii State Constitution acknowledges the rights and duties of the State to protect natural resources but does not explicitly recognize the inalienable and self-executing right of all people to clean air, water, and native ecosystem protections, including beaches.  Your Committee recognizes that the State is already experiencing impacts from climate change, as evidenced by the climate-related drought conditions that contributed to the 2023 Maui wildfires, and that the effects from climate change will continue to become more prominent as time progresses.  According to testimony received by your Committee, similar rights to a clean and healthy environment have been enshrined in the constitutions of other states, including Montana, New York, and Pennsylvania, and have been relied upon by government agencies and courts to properly interpret, apply, and enforce existing environmental laws and regulations.  The constitutional amendment proposed in this measure will therefore enhance the State's commitment to the health of its environments and the collective well-being of its people.

     Your Committee has amended this measure by making technical, nonsubstantive amendments for the purposes of clarity and consistency.

     As affirmed by the record of votes of the members of your Committee on Agriculture and Environment that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 559, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 559, S.D. 1, and be referred to your Committees on Judiciary and Ways and Means.

Respectfully submitted on behalf of the members of the Committee on Agriculture and Environment,