STAND. COM. REP. NO. 248

Honolulu, Hawaii

, 2021

RE: H.B. No. 551

H.D. 1

Honorable Scott K. Saiki

Speaker, House of Representatives

Thirty-First State Legislature

Regular Session of 2021

State of Hawaii

Sir:

Your Committees on Energy & Environmental Protection and Water & Land, to which was referred H.B. No. 551 entitled:

"A BILL FOR AN ACT PROPOSING AN AMENDMENT TO ARTICLE I OF THE CONSTITUTION OF THE STATE OF HAWAII TO GUARANTEE ALL INDIVIDUALS THE RIGHT TO HAVE A CLEAN AND HEALTHY ENVIRONMENT,"

beg leave to report as follows:

The purpose of this measure is to propose a constitutional amendment that guarantees individuals the right to a clean and healthy environment, including pure water, clean air, healthy ecosystems, and a stable climate, and to the preservation of the natural, cultural, scenic and healthful qualities of the environment.

Your Committees received testimony in support of this measure from the Environmental Caucus of the Democratic Party of Hawai‘i; Kauai Climate Action Coalition; Hawai‘i Youth Climate Coalition; Green Amendments for the Generations; Surfrider Foundation, O‘ahu Chapter; Kūpuna for the Mo‘opuna; Friends of Hanauma Bay; Imua Alliance; Hawaii Reef and Ocean Coalition; 350Hawaii; Sustainable Coastlines Hawai‘i; Zero Waste Oahu; and numerous individuals. Your Committees received testimony in opposition to this measure from two individuals. Your Committees received comments on this measure from the Department of the Attorney General.

Your Committees find that clean water, clean air, a stable climate, and a healthy environment are critical for supporting the physical, mental, and economic health of the State's residents. The proposed constitutional amendment in this measure recognizes and protects the alienable rights of all people, including future generations, to clean water, clean air, a stable climate, and healthy environments and makes clear the State's duties to protect the environment for the benefit of the residents and future generations.

Your Committees have amended this measure by:

(1) Changing the effective date to July 1, 2050, to encourage further discussion; and

(2) Making technical, nonsubstantive amendments for the purposes of clarity, consistency, and style.

As affirmed by the records of votes of the members of your Committees on Energy & Environmental Protection and Water & Land that are attached to this report, your Committees are in accord with the intent and purpose of H.B. No. 551, as amended herein, and recommend that it pass Second Reading in the form attached hereto as H.B. No. 551, H.D. 1, and be referred to your Committee on Judiciary & Hawaiian Affairs.

Respectfully submitted on behalf of the members of the Committees on Energy & Environmental Protection and Water & Land,

____________________________ DAVID A. TARNAS, Chair

____________________________ NICOLE E. LOWEN, Chair