STAND. COM. REP. NO. 101

Honolulu, Hawaii

RE: S.B. No. 635

Honorable Ronald D. Kouchi

President of the Senate

Thirty-Second State Legislature

Regular Session of 2023

State of Hawaii

Sir:

Your Committee on Agriculture and Environment, to which was referred S.B. No. 635 entitled:

"A BILL FOR AN ACT PROPOSING AN AMENDMENT TO ARTICLE I OF THE CONSTITUTION OF THE STATE OF HAWAII 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 Chamber of Sustainable Commerce, Zero Waste Kauai, Our Revolution Hawaii, Kauai Women's Caucus, Hawai‘i Reef and Ocean Coalition, Climate Protectors Hawai‘i, Environmental Caucus of the Democratic Party of Hawai‘i, Kauai Climate Action Coalition, Trinity United Methodist Church, Community Coalition Kauai, Green Amendments for the Generation, Hawai‘i Alliance for Progressive Action, Hawaii Youth Climate Coalition, Independent Energy, 350Hawaii, Surfrider Foundation, Zero Waste Hawai‘i Island, Imua Alliance, and twenty-nine individuals. Your Committee received comments on this measure from the Department of the Attorney General and Department of Land and Natural Resources.

Your Committee finds that the earth and its environments are under siege from the consequences of modern human civilization. Though the Hawaiian islands are the most isolated island chain in the world, the State is not immune to the severe weather patterns, toxic contamination and degradation of natural spaces, and extreme changes to the climate that are ravaging the planet. Your Committee further finds that governments around the world are slow to adopt laws that could curtail these effects, which leaves Hawaii, its people, and its natural resources in a state of increasing vulnerability. The Hawaii State Constitution acknowledges the rights and duties of the State to protect the environment, but does not recognize the inalienable and self-executing right of all people to a clean and healthy environment. Thus, this measure proposes an amendment to Article I of the Hawaii State Constitution that will enhance the State's commitment to the health of the environment and the collective well-being of its people.

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. 635 and recommends that it pass Second Reading 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,

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MIKE GABBARD, Chair