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HB 597

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

2026 Regular Session Introduced by Terez Amato and 8 co-sponsors

Hawaii constitutional amendment recognizing enforceable rights to clean water/air, healthy environment, native ecosystems, and beaches to strengthen environmental protections against degradation.

Carried over to 2026 Regular Session.
#constitutionalamendment #environmentalprotection(conam)
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Bill Summary · HB 597

Legislative bill overview

HB 597 proposes amending Hawaii's state constitution to establish enforceable constitutional rights to clean water and air, a healthful environment and climate, healthy native ecosystems, and accessible beaches. This would elevate environmental protections from statutory law to constitutional status, giving them stronger legal standing and making them harder to overturn through ordinary legislation.

Why this is important

Constitutional environmental rights create a legal mechanism for citizens to challenge government actions and private activities that degrade environmental quality. In practice, this could strengthen Hawaii's ability to regulate development, protect native species, and address climate impacts—issues particularly critical for an island state vulnerable to sea-level rise and dependent on marine ecosystems. It also shifts the burden of proof, requiring the state to justify why environmental degradation serves a compelling public interest.

Potential points of contention

  • Economic impact: Business groups may argue constitutional environmental rights could restrict development, agricultural operations, and industrial activities, potentially limiting job creation and economic growth
  • Implementation costs: Enforcing new constitutional rights could require substantial government spending on environmental monitoring, regulation, and litigation defense
  • Definitional ambiguity: Terms like "healthful environment" and "healthy native ecosystems" lack precise definition, creating litigation risk and uncertainty about what practices comply with the constitution
  • Interaction with property rights: Constitutional environmental protections may conflict with existing property rights and create disputes over land use restrictions without compensation

Compiled from official sources — confirm details with the bill’s official record.

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