HOUSE OF REPRESENTATIVES

H.B. NO.

1577

TWENTY-SIXTH LEGISLATURE, 2011

 

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

proposing an amendment to article XI, section 9, of the Constitution of the State of Hawaii to REAFFIRM and strengthen the State's commitment to environmental rights.

 

 

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 XI, section 9, of the Constitution of the State of Hawaii to reaffirm and strengthen the State's commitment to environmental rights.

     SECTION 2.  Article XI, section 9, of the Constitution of the State of Hawaii is amended to read as follows:

"ENVIRONMENTAL RIGHTS

     Section 9.  Each person has the right to a clean and healthful environment[, as defined by laws relating to environmental quality, including control of pollution and conservation, protection and enhancement of natural resources.] based on a mutual respect and justice for all peoples, free from any form of subconscious or institutional discrimination.  The State reaffirms and strengthens its commitment to environmental justice and to providing fair treatment to native Hawaiian, ethnic minority, and low-income populations that may be disproportionately impacted by proposed actions on the health and environment of those populations.  Any person may enforce this right against any party, public or private, through appropriate legal proceedings[, subject to reasonable limitations and regulation as provided by law]."

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

    "Shall each person's right to a clean and healthful environment be based on mutual respect and justice for all and the State's commitment to environmental justice and the fair treatment of populations that may be disproportionately affected by proposed actions on the health and environment of those populations?"

     SECTION 4.  Constitutional material to be repealed is bracketed and stricken.  New constitutional material is underscored.

     SECTION 5.  This amendment shall take effect upon compliance with article XVII, section 3, of the Constitution of the State of Hawaii.

 

INTRODUCED BY:

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Report Title:

Constitutional Amendment; Environmental Rights

 

Description:

Proposes an amendment to article XI, section 9, of the Constitution of the State of Hawaii to reaffirm and strengthen the State's commitment to environmental justice for certain populations that are disproportionately impacted by harmful environmental actions.

 

 

 

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