| 47 | | - | 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: "New establishment" means a place of public accommodation or state building construction that is constructed after July 31, 2025. "Restroom for public use" means a restroom for a place of public accommodation or state building construction that is accessible to persons, other than employees. "State building construction" shall have the same meaning as defined in section 107-21. "Universal changing accommodation" means a powered, height‑adjustable adult changing station that is either floor or wall-mounted and installed within an enclosed restroom facility in a women's, men's, gender-neutral, or unisex family restroom. §489-B New establishments; criteria and application. A place of public accommodation or state building construction shall be deemed to be constructed on either the date that a certificate of occupancy was issued or the first date of occupancy for public use, whichever is earlier, regardless of whether the place of public accommodation or state building construction has obtained a certificate of occupancy in compliance with applicable state and county laws. §489-C Universal changing accommodations; required. (a) On each floor containing restrooms for public use, each new establishment shall provide, at a minimum: (1) Two universal changing accommodations; provided that one is accessible by women and one is accessible by men; or (2) One universal changing accommodation that is accessible by persons of any gender identity or expression. (b) Each new establishment shall post signage indicating the location of each universal changing accommodation. (c) A violation of this section shall constitute an unlawful discriminatory practice. §489-D Construction documents. Construction documents for each new establishment shall specify whether a restroom is a restroom for public use and the location of each universal changing accommodation within a restroom for public use as required under section 489-C(a). If a restroom is not specified as a restroom for public use on the construction documents but, 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 restroom for public use, a universal changing accommodation shall be provided upon the change of designation if required under section 489-C(a). §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 new establishment. §489-F Violations; unlawful discriminatory practice; 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 the 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 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 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] may 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) Beginning July 1, 2025, where feasible and cost effective, bids for state building construction projects shall include universal changing accommodations pursuant to part of chapter 489." SECTION 3. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date. SECTION 4. If any provision of this Act, or the application thereof to any person or circumstance, is held invalid, the invalidity does not affect other provisions or applications of the Act that can be given effect without the invalid provision or application, and to this end the provisions of this Act are severable. 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, 3000. |
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| 47 | + | 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- Definitions. As used in this part: "New establishment" means a place of public accommodation or state building construction that is constructed after December 31, 2024. "Restroom for public use" means a restroom that is accessible to persons, other than employees, of the public accommodation in which the restroom is located. "State building construction" shall have the same meaning as defined in section 107-21. "Universal changing accommodation" means a powered, height‑adjustable adult changing station that is either floor or wall-mounted and installed within an enclosed restroom facility in a women's, men's, gender-neutral, or unisex family restroom. §489- New establishments; criteria and application. A place of public accommodation or state building construction shall be deemed to be constructed on either the date that a certificate of occupancy is issued or the first date of occupancy for public use, whichever is earlier, regardless of whether the establishment has obtained a certificate of occupancy in compliance with applicable state and county laws. §489- Requirement to provide universal changing accommodations. (a) On each floor containing restrooms for public use, each new establishment shall be required to provide, at a minimum, the following: (1) Two universal changing accommodations; provided that one is accessible by women and one is accessible by men; or (2) One universal changing accommodation that is accessible by both women and men. (b) Each new establishment shall post signage indicating the location of each universal changing accommodation. (c) A violation of this section shall constitute an unlawful discriminatory practice. §489- Construction documents. Construction documents for each new establishment shall show whether a restroom is a restroom for public use as defined in this part, and the location of each universal changing accommodation within each restroom for public use. If a restroom is not shown as a restroom for public use 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 restroom for public use, a universal changing accommodation shall be provided upon the change of designation. §489- 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- 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- Exclusion from 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 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 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, 2025, shall include universal changing accommodations pursuant to part of chapter 489." SECTION 3. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date. SECTION 4. New statutory material is underscored. SECTION 5. This Act shall take effect on July 1, 2040. |
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