Bill Text: HI HB551 | 2021 | Regular Session | Amended


Bill Title: 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.

Spectrum: Partisan Bill (Democrat 15-0)

Status: (Introduced) 2021-02-12 - Passed Second Reading as amended in HD 1 and referred to the committee(s) on JHA with Representative(s) Har voting aye with reservations; Representative(s) Kong, McDermott, Okimoto, Ward voting no (4) and Representative(s) Eli, Gates, Hashimoto excused (3). [HB551 Detail]

Download: Hawaii-2021-HB551-Amended.html

HOUSE OF REPRESENTATIVES

H.B. NO.

551

THIRTY-FIRST LEGISLATURE, 2021

H.D. 1

STATE OF HAWAII

 

 

 

 

 

 

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.

 

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 


     SECTION 1.  The purpose of this Act is to propose 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.  While the state constitution currently mandates a trust obligation of the State to protect Hawaii's natural beauty and all natural resources, an amendment to the State's Bill of Rights guaranteeing an individual's right to a clean and healthy environment is a necessary complement.

     SECTION 2.  Article I of the Constitution of the State of Hawaii is amended by adding a new section to be appropriately designated and to read as follows:

"ENVIRONMENTAL RIGHTS

     Section    .  Each person has a 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.  This provision and the rights stated herein are self-executing.  The reserved rights stated herein are on par with other protected inherent and inalienable rights and may not be diminished through the interpretation or implementation of Article XI, Section 9."

     SECTION 3.  The question to be printed on the ballot shall be as follows:

    "Shall the Constitution of the State of Hawaii be amended to provide that each person has a 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?"

     SECTION 4.  New constitutional material is underscored.

     SECTION 5.  This Act shall take effect on July 1, 2050; provided that this amendment shall take effect upon compliance with article XVII, section 3, of the Constitution of the State of Hawaii.



 

Report Title:

Constitutional Amendment; Green Amendment; Environmental Protection

 

Description:

Proposes 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.  Clarifies that the rights guaranteed may not be diminished by Article XI, Section 9, of the State Constitution.  Effective 7/1/2050.  (HD1)

 

 

 

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.

 

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