URGING THE INSURANCE DIVISION OF THE DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS TO CONVENE A WORKING GROUP TO IDENTIFY FEASIBLE OPTIONS AND MECHANISMS TO PROTECT THE STATE AND ITS RESIDENTS AGAINST THE EFFECTS OF CLIMATE CHANGE ON THE AVAILABILITY AND AFFORDABILITY OF INSURANCE.

HCR145

HOUSE OF REPRESENTATIVES

H.C.R. NO.

145

THIRTY-THIRD LEGISLATURE, 2026

STATE OF HAWAII

HOUSE CONCURRENT

RESOLUTION

URGing the insurance division of the Department of
commerce and consumer affairs and department of the attorney general TO convene
a working group to identify feasible options and mechanisms to protect the
State and its residents against the effects of climate change on the
availability and affordability of insurance
.

����
WHEREAS, climate
disasters have caused widespread harm to the State and its residents, including
the destruction of homes and property, loss of wages, escalating insurance
costs and losses, depletion of public resources, and injuries to the health,
safety, and livelihoods of residents of the State; and

����
WHEREAS, climate
disasters threaten the functionality of the regular insurance market and the
residual market, or "insurers of last resort", like the Hawaii
Property Insurance Association, as well as taxpayer resources in the
state-funded Hawaii Hurricane Relief Fund; and

����
WHEREAS,
property and casualty insurance providers have been destabilized by
increasingly severe climate disasters, which has led to increased nonrenewal
rates and premiums across the State; and

����
WHEREAS, access
to affordable insurance is necessary for the stability and financial health of
residents of the State, but is threatened by increasing nonrenewal rates and
rapidly rising premiums; and

����
WHEREAS, there
is a compelling state interest in preserving insurance market stability,
essential coverage for property owners and lenders, and affordable housing for
the State's residents; and

����
WHEREAS, the
climate disasters underlying the insurance crisis in the State are the result
of a coordinated campaign of deception launched and orchestrated by major
fossil fuel companies.
�
These companies
have known for decades that their products cause global warming and increase
the frequency and severity of climate disasters.
�
Despite this knowledge, these companies
concealed and misrepresented the associated risks, sowed confusion, and failed
to warn the public of the dangers created and exacerbated by their products;
and

����
WHEREAS, the
consequence of this deceptive conduct by responsible parties is making
insurance coverage harder to obtain and less affordable in the State; and

����
WHEREAS, the
costs of these climate disasters should be borne by those responsible for
causing them, rather than taxpayers, insurance policyholders, and residents
harmed by the climate disasters; and

����
WHEREAS,
insurers and injured parties have
previously pursued claims against responsible parties related to the opioid
epidemic, big tobacco, and other major parties responsible for widespread damages
affecting insurance premiums to ensure that the burden of financial loss does
not fall solely on policyholders and taxpayers
; and

����
WHEREAS, many
cities, counties, and states in the United States have filed lawsuits accusing companies
in the fossil fuel industry of deceptive marketing, misleading shareholders,
and culpability for climate damages; and

����
WHEREAS, this
body finds that it is critical to address climate-related impacts to the State due
to the State's vulnerability to extreme weather events and climate change; now,
therefore,

����
BE IT
RESOLVED by the House of Representatives of the Thirty-third Legislature of the
State of Hawaii, Regular Session of 2026, the Senate concurring, that the Insurance
Division of the Department of Commerce and Consumer Affairs and Department of
the Attorney General are urged to convene a working group to identify feasible
options and mechanisms to protect the State and its residents against the
effects of climate change on the availability and affordability of insurance;
and

����
BE IT FURTHER
RESOLVED that the working group is requested to:

����
(1)
�
Assess the State's and residents' insurance
exposure to extreme weather events and natural disasters that may be impacted
by climate change;

����
(2)
�
Identify existing mechanisms available to the
State and residents for recovery; and

����
(3)
�
Identify and analyze the legal means available
to the State, including the Attorney General, to seek recovery from responsible
parties, including large oil and gas companies, to address insurance exposures
identified by the working group; and

����
BE IT FURTHER
RESOLVED that the working group's membership is requested to consist of the
following members or their designees:

����
(1)
�
The Insurance Commissioner;

����
(2)
�
The Attorney General;

����
(3)
�
The Chair of the Senate Standing Committee on
Commerce and Consumer Protection;

����
(4)
�
The Chair of the House Standing Committee on
Consumer Protection and Commerce;

����
(5)
�
Interested Senators and Representatives who
may be invited by the Chair of the working group;

����
(6)
�
The Administrator of the Hawaii Hurricane
Relief Fund;

����
(7)
�
The Administrator of the Hawaii Property
Insurance Association;

����
(8)
�
The Director of the Office of Planning and
Sustainable Development; and

����
(9)
�
Experts with relevant knowledge who may be
invited by the Chair of the working group; and

����
BE IT FURTHER
RESOLVED that the members of the working group are requested to elect a chair
and vice chair of the working group from amongst themselves; and

����
BE IT FURTHER
RESOLVED that the working group, with the administrative assistance of the
Insurance Division of the Department of Commerce and Consumer Affairs and Department
of the Attorney General, is requested to submit a report of its findings and recommendations,
including any proposed legislation, to the Legislature no later than twenty
days prior to the convening of the Regular Session of 2027; and

����
BE IT FURTHER
RESOLVED that the working group be dissolved on June 30, 2027; and

����
BE IT FURTHER
RESOLVED that certified copies of this Concurrent Resolution be transmitted to the
Insurance Commissioner, Attorney General, Chair of the Senate Standing Committee
on Commerce and Consumer Protection, Chair of the House Standing Committee on
Consumer Protection and Commerce, Director of the Office of Planning and
Sustainable Development, Administrator of the Hawaii Hurricane Relief Fund, and
Administrator of the Hawaii Property Insurance Association.

OFFERED BY:

_____________________________

Report Title:
�

Climate
Change; Impacts; Insurance; Cost Recovery; Study; Working Group