SB389 HD1

SECTION 1. Chapter 489, Hawaii Revised Statutes, is amended by adding a new part to be appropriately designated and to read as follows:

"Part . universal changing accommodations

§489-A Definitions. As used in this part:

"Enclosed restroom facility" means a restroom facility that is fully enclosed and does not include a restroom facility whose interior is exposed to weather.

"Family restroom" means a restroom facility that is suitable for the needs of families or groups that are traveling with babies, children, or people with disabilities and that:

(1) Includes a toilet, washbasin, and change table that is capable of supporting an adult;

(2) Is accessible to people with disabilities;

(3) Is large enough to permit a member of the family or group to accompany another member of the family or group to assist the person in using the facilities; and

(4) Is open to any gender and permits a person of one gender to assist a member of another gender in using the facilities.

"New establishment" means a place of public accommodation that is constructed after December 31, 2023, or state building construction projects bid after June 30, 2024.

"State building construction" shall have the same meaning as in section 107-21.

"Universal changing accommodation" means a powered, height adjustable adult changing station that is either floor or wall mounted that is installed within an enclosed restroom facility.

§489-B Place of public accommodation; criteria and application. A place of public accommodation shall be deemed to be constructed on the earlier of the date a certificate of occupancy is issued or the first date of occupancy for public use, regardless of whether the establishment has obtained a certificate of occupancy in compliance with applicable state and county laws.

§489-C Requirement to provide universal changing accommodations. (a) Each new establishment with one or more family restrooms shall be required to provide, at a minimum, one universal changing accommodation that is accessible by any gender at each family restroom; provided that state building construction projects bid after June 30, 2024, shall only be required to provide universal changing accommodations where feasible and cost effective.

(b) Each new establishment shall post signage indicating the location of the universal changing accommodations required by subsection (a).

§489-D Construction documents. Construction documents for new establishments shall show whether or not a restroom is a family restroom as defined in this part, and the location of each universal changing accommodation within all family restrooms. If a restroom is not shown as a family restroom on the construction documents and, subsequent to the issuance of the building permit authorizing the construction or renovation of the restroom, there is a change in the designation of the restroom to a family restroom, a universal changing accommodation and posted signage required by section 489-C shall be provided upon the change of designation.

§489-E Hardship exemption. A new establishment shall not be subject to the provisions of this part if compliance would create a hardship. Compliance shall be deemed to create a hardship if:

(1) No reasonable physical option exists for providing universal changing accommodations; or

(2) The cost of providing universal changing accommodations exceeds ten per cent of the cost of constructing, purchasing, or substantially modifying the building or facility.

§489-F Violations; private cause of action. Any person who is injured by an unlawful discriminatory practice under this part may bring proceedings to enjoin the unlawful discriminatory practice, and if the judgment is for the plaintiff, the plaintiff shall be awarded reasonable attorneys' fees, the cost of suit, and a sum of $100. Any action under this part shall be subject to the jurisdiction of the district courts as provided in chapter 604, and may be commenced and conducted in the small claims division of the district court.

§489-G Exclusion from Hawaii civil rights commission. Notwithstanding any other law to the contrary, this part shall not be subject to chapter 368 and shall not be enforced by the Hawaii civil rights commission."

SECTION 2. Section 107-27, Hawaii Revised Statutes, is amended to read as follows:

"§107-27 Design of state buildings. (a) No later than one year after the adoption of codes or standards pursuant to section 107-24(c), the design of all state building construction shall be in compliance with the Hawaii state building codes[~~, except~~]; provided that state building construction shall be allowed to be exempted from:

(1) County codes that have not adopted the Hawaii state building codes;

(2) Any county code amendments that are inconsistent with the minimum performance objectives of the Hawaii state building codes or the objectives enumerated in this part; or

(3) Any county code amendments that are contrary to code amendments adopted by another county.

(b) Exemptions shall include county ordinances allowing the exercise of indigenous Hawaiian architecture adopted in accordance with section 46-1.55.

(c) The State shall consider hurricane resistant criteria when designing and constructing new public schools for the capability of providing shelter refuge.

(d) Beginning July 1, 2023, where feasible and cost-effective, the design of all new state building construction shall:

(1) Maximize energy and water efficiency measures;

(2) Maximize energy generation potential; and

(3) Use building materials that reduce the carbon footprint of the project.

(e) Where feasible and cost effective, state building construction projects bid after June 30, 2024, shall include universal changing accommodations pursuant to part of chapter 489."

SECTION 3. In codifying the new sections added by section 1 of this Act, the revisor of statutes shall substitute appropriate section numbers for the letters used in designating the new sections in this Act.

SECTION 4. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

SECTION 5. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 6. This Act shall take effect on July 1, 2050.

THE SENATE	S.B. NO.	389
THIRTY-SECOND LEGISLATURE, 2023		S.D. 1
STATE OF HAWAII		H.D. 1