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HB1021
HOUSE OF REPRESENTATIVES
H.B. NO.
1021
THIRTY-THIRD LEGISLATURE, 2025
STATE OF HAWAII
A BILL FOR AN ACT
RELATING TO
THE ZERO
EMISSIONS CLEAN ECONOMY TARGET.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
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SECTION 1.
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The
legislature finds that the climate crisis is the overriding challenge of the
twenty-first century, presenting significant threats to the environment, public
health, and economic stability of the State of Hawaii.
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In 2024, the state department of transportation
reached an unprecedented settlement of the
Navahine v. Department of
Transportation
constitutional climate lawsuit, which underscores the State's
commitment to addressing climate change through responsible governance and
innovative solutions.
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The settlement
further underscores the importance of ensuring that future generations and
youth will inherit a life-sustaining climate with access to the same diversity
and cultural resources enjoyed by previous generations.
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The legislature recognized in Act 32,
Session Laws of Hawaii 2017, that on December 12, 2015, one hundred ninety-five
countries at the 21st Conference of the Parties of the United Nations Framework
Convention on Climate Change adopted an agreement addressing greenhouse gas
emissions mitigation, adaptation, and finance starting in the year 2020, known
as the Paris Agreement.
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Act 32 further
documented the State's commitment to implement the goals of the Paris Agreement,
demonstrating the State's proactive stance in contributing to global climate
mitigation efforts change by systematically reducing greenhouse gas emissions.
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Furthermore, the United States has set
ambitious nationally determined contributions under the Paris Agreement, aiming
to significantly reduce national greenhouse gas emissions.
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The legislature finds that the current
overarching targets established within section 225P-5, Hawaii Revised Statutes,
are consistent with the nationally determined contributions, but can be
strengthened by providing more specificity and clarity.
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In December 2023, the Hawaii state energy
office completed the first Pathways to Decarbonization report to estimate
sector and category-level projections of greenhouse gas emissions necessary to
reach the overarching emissions target established by Act 238, Session Laws of
Hawaii 2022.
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Through this work,
sector-specific targets can be derived, providing a clearer roadmap for
achieving comprehensive emissions reductions across all sectors of the State's
economy.
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Therefore, to ensure that Hawaii continues
to lead by example in the fight against climate change and to safeguard the
well-being of current and future generations, the legislature finds it
necessary to further refine and improve the State's zero emissions clean
economy target.
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The purpose of this Act is to provide
needed clarifications on the applicability and scope of section 225P-5, Hawaii
Revised Statutes.
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The proposed amendments
clarify current emissions reduction goals and define critical terms used in
climate mitigation.
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Further, the purpose
of this Act is to establish a total or gross emissions target as well as
sector-specific targets to reinforce action in the relevant emitting sectors
further strengthening the transition to a sustainable, low-carbon economy.
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Amendments to the statute are consistent with
the legislature's original intent.
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SECTION 2
.
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Section 225P-2, Hawaii Revised Statutes,
is amended by adding new definitions to be appropriately inserted and to read as
follows:
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"
"Anthropogenic greenhouse gas
emissions" means the release of greenhouse gases into the atmosphere as a
direct result of human activities.
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Sources of anthropogenic greenhouse gas emissions include but are not
limited to fuel combustion, industrial operations, deforestation, agricultural
practices, and waste management.
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"Carbon sink" means any
process, activity, or mechanism that removes a greenhouse gas, an aerosol, or a
precursor of a greenhouse gas from the atmosphere.
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"Emission leakage" means the
net increase of anthropogenic greenhouse gas emissions occurring outside an
established inventory system boundary, resulting from efforts to reduce
greenhouse gas emissions in one location or sector that lead to an increase in
emissions in another location or sector.
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"Greenhouse gas" means any gas
in the atmosphere that traps or emits heat and results in increasing the Earth's
surface temperatures.
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These greenhouse
gases include gases such as carbon dioxide, methane, nitrous oxide, and
fluorinated gases.
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"Greenhouse gas emission"
means the production or release of greenhouse gases from human activities
including but not limited to the burning of carbon-based fuels, the release of
gases from certain chemical reactions, the release and leakage of refrigerants,
the application of fertilizer, or the clearing of forests.
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"Greenhouse gas emitting category"
or "category" means the various economic sub-classifications within
each sector as defined by the Intergovernmental Panel on Climate Change, the
United Nations body for assessing the science related to climate change.
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"Greenhouse gas emitting sector"
or "sector" means the various economic classifications that
contribute to greenhouse gas emissions including the energy, transport,
buildings, industry, agriculture, forestry, and waste management sectors as
determined by the Intergovernmental Panel on Climate Change.
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"Greenhouse gas inventory" or "inventory"
means the statewide greenhouse gas emissions inventory report published by the
state department of health as required by section 342B-71.
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"Greenhouse gas reservoir"
means a physical unit or component of the biosphere, geosphere, or hydrosphere
with the capability to store, accumulate, or release a greenhouse gas removed
from the atmosphere by a greenhouse gas sink, or a greenhouse gas captured from
a greenhouse gas emission source.
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"Net greenhouse gas emission"
means the estimated balance between the emissions produced or released into the
atmosphere, subtracted from the emissions sequestered through natural and
technological processes, or the sum of emissions sources and emissions sinks.
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"Total greenhouse gas emissions"
means the aggregated total emissions from all economic sectors expressed in
units of mass by carbon dioxide equivalent.
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For this chapter, emissions accounted for shall include those emissions
from human-made, or anthropogenic sources.
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Total greenhouse gas emissions do not include offsets or sinks.
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SECTION 3.
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Section 225P-5, Hawaii Revised Statutes, is
amended to read as follows:
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"
�225P-5
�
Zero emissions clean economy target.
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(a)
�
Considering [
both atmospheric carbon and
]
all in-state anthropogenic
greenhouse gas emissions as well as [
offsets
]
carbon sink capacity
from the local
in-state
sequestration of
atmospheric carbon [
and greenhouse gases
] through long-term
carbon
sinks and reservoirs, a statewide
net greenhouse gas emission
target is
hereby established to sequester more atmospheric carbon and greenhouse gases
than
anthropogenically
emitted within the State as quickly as practicable,
but no later than 2045; provided that the statewide target includes a
net
greenhouse gas emissions limit, to be achieved no later than 2030, of at least
fifty per cent below the level of the statewide
net
greenhouse gas
emissions in 2005[
.
]
, as determined by the state greenhouse gas
inventory.
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(b)
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Total greenhouse
gas emissions shall be reduced by ninety per cent below the level of statewide
total greenhouse gas emissions in 2005, as quickly as practicable, but no later
than 2045.
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Sector and category-specific
targets are further established in key emitting categories as follows, using
2005 as the baseline year:
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(1)
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Total
greenhouse gas emissions from stationary combustion shall be reduced by:
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(A)
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Fifty
per cent by 2030;
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(B)
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Eighty
per cent by 2035;
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(C)
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Ninety
per cent by 2040; and
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(D)
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Ninety-five
per cent by 2045.
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(2)
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Total
greenhouse gas emissions from ground transportation shall be reduced by:
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(A)
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Forty
per cent by 2030;
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(B)
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Seventy
per cent by 2035;
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(C)
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Ninety
per cent by 2040; and
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(D)
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Ninety-five
per cent by 2045.
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The commission shall work with stakeholders to inform the development
of science-based targets in other economic sectors and categories and targets
shall be published in the commission's annual report.
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The commission shall work with members to help ensure the
members' actions avoid emissions leakage resulting from policies, projects, and
programs implemented to achieve the targets.
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[
(b)
]
(c)
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The [
Hawaii climate change mitigation and
adaptation
] commission shall [
endeavor to
]
provide policy and
program guidance to the governmental and non-governmental agencies on the
actions needed to
achieve the goals of this section.
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(d)
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After January 1, [
2020,
]
2026, all state
agencies preparing
plans, making decisions,
including procurement decisions,
and developing
strategies shall [
give consideration to
]
consider
the impact of
those plans, decisions, and strategies on the State's ability to achieve the [
goals
]
targets outlined
in [
this section,
]
section 225P-5(a) and (b),
weighed appropriately against their primary purpose.
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(e)
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Members of the commission shall submit to the commission and include
within their annual reports to the legislature, as applicable, a summary of
actions taken, or not taken, to help the State meet the established clean
economy targets.
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The commission shall
develop a standardized reporting template to facilitate reporting for
commission members.
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SECTION 4.
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Statutory material to be repealed is bracketed and stricken.
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New statutory material is underscored.
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SECTION 5.
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This Act shall take effect upon its approval.
INTRODUCED BY:
_____________________________
BY REQUEST
Report Title:
Greenhouse Gas;
Carbon; Hawaii Climate Change
Mitigation and Adaptation Commission; Hawaii State Energy Office
Description:
Provides needed clarifications on the applicability and
scope of section 225P-5, HRS.
�
Clarifies
current emissions reduction goals and defines critical terms used in climate mitigation.
�
Establishes a total or gross emissions
target as well as sector-specific targets to reinforce action in the relevant
emitting sectors further strengthening the transition to a sustainable,
low-carbon economy.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.