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SB 2478

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 AND HEALTHY NATIVE ECOSYSTEMS AND BEACHES.

2026 Regular Session Introduced by Carol Fukunaga and 3 co-sponsors

Hawaii constitutional amendment establishing fundamental rights to clean water, air, healthful environment, climate stability, and healthy native ecosystems subject to litigation and enforcement.

The committee(s) on AEN has scheduled a public hearing on 02-09-26 4:00PM; Conference Room 224 & Videoconference.
#constitutionalamendment #environmentalprotection(conam) #greenamendment
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Bill Summary · SB 2478

Legislative bill overview

SB 2478 proposes amending Hawaii's state constitution to establish and protect the inherent right of all people to clean water and air, a healthful environment, climate stability, and healthy native ecosystems and beaches. This would elevate environmental protection from statutory law to constitutional status, making it a fundamental right rather than a policy preference.

Why is this important

Constitutional amendments create enforceable rights that are significantly harder to overturn than regular laws and give citizens standing to sue for environmental violations. Hawaii's economy depends heavily on tourism, agriculture, and natural resources, making environmental degradation directly tied to economic wellbeing and quality of life for residents.

Potential points of contention

  • Implementation costs and business impact: Constitutional rights to environmental protection could trigger numerous lawsuits against existing industrial, agricultural, and development projects, potentially raising compliance costs and limiting future economic development
  • Vagueness and judicial overreach: Terms like "healthful environment" and "healthy native ecosystems" lack precise definitions, potentially allowing courts to make policy decisions traditionally reserved for elected bodies and regulators
  • Enforcement mechanisms unclear: The amendment doesn't specify how these rights are enforced, what remedies apply, or how to balance environmental protection against other constitutional rights and economic needs

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

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