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SB2268 • 2026

RELATING TO EQUITY.

RELATING TO EQUITY.

Passed Legislature

This bill passed both chambers and reached final enrollment, even if later executive action is not shown here.

Sponsor
SAN BUENAVENTURA, CHANG, MCKELVEY
Last action
2026-05-08
Official status
Enrolled to Governor.
Effective date
Not listed

Plain English Breakdown

The exact nature and extent of compliance for existing buildings are not specified.

Equity Act: Universal Changing Accommodations

This act requires new public buildings to provide universal changing stations in restrooms starting July 31, 2027.

What This Bill Does

  • Requires all places of public accommodation and construction projects planned after July 31, 2027, to include at least one universal changing station within the building's restroom facilities.
  • Defines a 'universal changing accommodation' as an adjustable adult changing station that can be used by people regardless of gender identity or expression.
  • Requires new buildings to have signs showing where the universal changing stations are located.
  • Allows exceptions if providing these accommodations would cause significant financial hardship or physical impossibility.

Who It Names or Affects

  • People who use public restrooms in places like restaurants, hotels, and government buildings.
  • Businesses and organizations that build new public facilities after July 31, 2027.

Terms To Know

Universal Changing Accommodation
A height-adjustable adult changing station for use in restrooms by people of any gender identity or expression.
Public Entity Construction
Building construction projects initiated by a public entity or funded with public money.

Limits and Unknowns

  • The act does not apply to buildings constructed before July 31, 2027.
  • It is unclear how existing buildings will be required to comply if at all.

Amendments

These notes stay tied to the official amendment files and metadata from the legislature.

CD1

7

Hawaii published version CD1

Plain English: SB2268 CD1 THE SENATE S.B.

  • SB2268 CD1 THE SENATE S.B.
  • NO.
  • 2268 THIRTY-THIRD LEGISLATURE, 2026 S.D.
  • 2 STATE OF HAWAII H.D.
HD1

1

Hawaii published version HD1

Plain English: SB2268 HD1 THE SENATE S.B.

  • SB2268 HD1 THE SENATE S.B.
  • NO.
  • 2268 THIRTY-THIRD LEGISLATURE, 2026 S.D.
  • 2 STATE OF HAWAII H.D.
SD1

3

Hawaii published version SD1

Plain English: SB2268 SD1 THE SENATE S.B.

  • SB2268 SD1 THE SENATE S.B.
  • NO.
  • 2268 THIRTY-THIRD LEGISLATURE, 2026 S.D.
  • 1 STATE OF HAWAII A BILL FOR AN ACT RELATING TO EQUITY .
SD2

5

Hawaii published version SD2

Plain English: SB2268 SD2 THE SENATE S.B.

  • SB2268 SD2 THE SENATE S.B.
  • NO.
  • 2268 THIRTY-THIRD LEGISLATURE, 2026 S.D.
  • 2 STATE OF HAWAII A BILL FOR AN ACT RELATING TO EQUITY .

Bill History

  1. 2026-05-08 S

    Enrolled to Governor.

  2. 2026-05-08 S

    Received notice of passage on Final Reading in House (Hse. Com. No. 888).

  3. 2026-05-06 H

    Received notice of Final Reading (Sen. Com. No. 816).

  4. 2026-05-06 H

    Passed Final Reading as amended in CD 1 with none voting aye with reservations; Representative(s) Pierick voting no (1) and Representative(s) Alcos excused (1).

  5. 2026-05-06 S

    Passed Final Reading, as amended (CD 1). Ayes, 25; Aye(s) with reservations: none . 0 No(es): none. 0 Excused: none.

  6. 2026-05-01 H

    Forty-eight (48) hours notice Wednesday, 05-06-26.

  7. 2026-05-01 H

    Reported from Conference Committee (Conf Com. Rep. No. 230-26) as amended in (CD 1).

  8. 2026-05-01 S

    48 Hrs. Notice (as amended CD 1) 05-06-26.

  9. 2026-05-01 S

    Reported from Conference Committee as amended CD 1 (Conf. Com. Rep. No. 230-26).

  10. 2026-05-01 S

    The Conference committee recommends that the measure be PASSED, WITH AMENDMENTS. The votes of the Senate Conference Managers were as follows: 4 Aye(s): Senator(s) McKelvey, San Buenaventura, Kanuha, Awa; Aye(s) with reservations: none ; 0 No(es): none; and 1 Excused: Senator(s) Keohokalole.

  11. 2026-05-01 H

    The Conference Committee recommends that the measure be Passed, with Amendments. The votes were as follows: 2 Ayes: Representative(s) Sayama, Lee, M.; Ayes with reservations: none; 0 Noes: none; and 1 Excused: Representative(s) Pierick.

  12. 2026-05-01 S

    Conference committee meeting to reconvene on 05-01-26 3:50 PM; Conference Room 329.

  13. 2026-05-01 S

    Conference committee meeting to reconvene on 05-01-26 12:55 PM; Conference Room 016.

  14. 2026-04-30 S

    Conference committee meeting to reconvene on 05-01-26 10:20AM; Conference Room 016.

  15. 2026-04-29 S

    Conference committee meeting scheduled for 04-30-26 10:15AM; Conference Room 016.

  16. 2026-04-28 H

    Received notice of Senate conferees (Sen. Com. No. 789).

  17. 2026-04-28 S

    Senate Conferees Appointed: McKelvey Chair; San Buenaventura, Keohokalole, Kanuha Co-Chairs; Awa.

  18. 2026-04-23 S

    Received notice of appointment of House conferees (Hse. Com. No. 811).

  19. 2026-04-22 H

    House Conferees Appointed: Sayama, Lee, M. Co-Chairs; Pierick.

  20. 2026-04-16 H

    Received notice of disagreement (Sen. Com. No. 710).

  21. 2026-04-16 S

    Senate disagrees with House amendments.

  22. 2026-04-16 S

    Received from House (Hse. Com. No. 641).

  23. 2026-04-14 H

    Passed Third Reading with none voting aye with reservations; Representative(s) Alcos voting no (1) and none excused (0). Transmitted to Senate.

  24. 2026-04-10 H

    Deferred one day 04-14-26.

  25. 2026-04-10 H

    Reported from FIN (Stand. Com. Rep. No. 2060-26), recommending passage on Third Reading.

  26. 2026-04-07 H

    The committee on FIN recommend that the measure be PASSED, UNAMENDED. The votes were as follows: 15 Ayes: Representative(s) Todd, Takenouchi, Hartsfield, Hussey, Keohokapu-Lee Loy, Kitagawa, Kusch, Lee, M., Miyake, Perruso, Templo, Yamashita, Gedeon, Reyes Oda; Ayes with reservations: Representative(s) Alcos; Noes: none; and 1 Excused: Representative(s) Morikawa.

  27. 2026-04-02 H

    Bill scheduled for decision making on Tuesday, 04-07-26 10:10AM in conference room 308 VIA VIDEOCONFERENCE.

  28. 2026-04-02 H

    The committee(s) on FIN recommend(s) that the measure be deferred until 04-07-26.

  29. 2026-03-31 H

    Bill scheduled to be heard by FIN on Thursday, 04-02-26 2:00PM in House conference room 308 VIA VIDEOCONFERENCE.

  30. 2026-03-30 H

    Passed Second Reading as amended in HD 1 and referred to the committee(s) on FIN with Representative(s) Shimizu voting aye with reservations; Representative(s) Pierick voting no (1) and Representative(s) Cochran, Lowen, Perruso, Quinlan excused (4).

  31. 2026-03-30 H

    Reported from LAB (Stand. Com. Rep. No. 1464-26) as amended in HD 1, recommending passage on Second Reading and referral to FIN.

  32. 2026-03-24 H

    The committee on LAB recommend that the measure be PASSED, WITH AMENDMENTS. The votes were as follows: 6 Ayes: Representative(s) Sayama, Lee, M., Garrett, Kapela, Kong, Reyes Oda; Ayes with reservations: none; Noes: none; and Excused: none.

  33. 2026-03-20 H

    Bill scheduled to be heard by LAB on Tuesday, 03-24-26 9:30AM in House conference room 309 VIA VIDEOCONFERENCE.

  34. 2026-03-12 H

    Referred to LAB, FIN, referral sheet 17

  35. 2026-03-12 H

    Pass First Reading

  36. 2026-03-10 H

    Received from Senate (Sen. Com. No. 202) in amended form (SD 2).

  37. 2026-03-10 S

    Report adopted; Passed Third Reading, as amended (SD 2). Ayes, 25; Aye(s) with reservations: none . Noes, 0 (none). Excused, 0 (none). Transmitted to House.

  38. 2026-03-06 S

    48 Hrs. Notice 03-10-26.

  39. 2026-03-06 S

    Reported from CPN/WAM (Stand. Com. Rep. No. 2921) with recommendation of passage on Third Reading, as amended (SD 2).

  40. 2026-03-03 S

    The committee(s) on WAM recommend(s) that the measure be PASSED, WITH AMENDMENTS. The votes in WAM were as follows: 12 Aye(s): Senator(s) Dela Cruz, Moriwaki, DeCoite, Elefante, Hashimoto, Inouye, Kanuha, Kidani, Kim, Lee, C., Richards, Wakai; Aye(s) with reservations: none ; 0 No(es): none; and 1 Excused: Senator(s) Fevella.

  41. 2026-03-03 S

    The committee(s) on CPN recommend(s) that the measure be PASSED, WITH AMENDMENTS. The votes in CPN were as follows: 4 Aye(s): Senator(s) Keohokalole, Fukunaga, Lamosao, McKelvey; Aye(s) with reservations: none ; 0 No(es): none; and 1 Excused: Senator(s) Awa.

  42. 2026-02-27 S

    The committee(s) on CPN/WAM will hold a public decision making on 03-03-26 10:16AM; Conference Room 211 & Videoconference.

  43. 2026-02-20 S

    Report adopted; Passed Second Reading, as amended (SD 1) and referred to CPN/WAM.

  44. 2026-02-20 S

    Reported from GVO/HHS (Stand. Com. Rep. No. 2533) with recommendation of passage on Second Reading, as amended (SD 1) and referral to CPN/WAM.

  45. 2026-02-17 S

    The committee(s) on GVO recommend(s) that the measure be PASSED, WITH AMENDMENTS. The votes in GVO were as follows: 4 Aye(s): Senator(s) McKelvey, Hashimoto, Moriwaki, Awa; Aye(s) with reservations: none ; 0 No(es): none; and 1 Excused: Senator(s) Gabbard.

  46. 2026-02-17 S

    The committee(s) on HHS recommend(s) that the measure be PASSED, WITH AMENDMENTS. The votes in HHS were as follows: 3 Aye(s): Senator(s) San Buenaventura, McKelvey, Fevella; Aye(s) with reservations: none ; 0 No(es): none; and 2 Excused: Senator(s) Kanuha, Keohokalole.

  47. 2026-02-10 S

    The committee(s) on GVO/HHS has scheduled a public hearing on 02-17-26 3:05PM; Conference Room 225 & Videoconference.

  48. 2026-02-06 S

    Re-Referred to GVO/HHS, CPN/WAM.

  49. 2026-01-26 S

    Referred to HHS/GVO, CPN/WAM.

  50. 2026-01-21 S

    Introduced and passed First Reading.

  51. 2026-01-15 S

    Pending Introduction.

Official Summary Text

RELATING TO EQUITY.
Equity; Universal Changing Accommodations; Public Accommodations; Public Entity Construction; Exemptions
Requires all places of public accommodation and public entity construction projects planned and designed after 7/31/2027 to provide at least one universal changing accommodation within the building in a public restroom, with certain exceptions. Makes conforming amendments to sections 489-6, 489-7.5, and 489-8, HRS, to prevent conflicts among the provisions. (CD1)

Current Bill Text

Read the full stored bill text
SB2268

THE SENATE

S.B. NO.

2268

THIRTY-THIRD LEGISLATURE, 2026

STATE OF HAWAII

A BILL FOR AN ACT

Relating
to Equity
.

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

����
SECTION 1.
�
Chapter 489,
Hawaii Revised Statutes, is amended by adding a new part to be appropriately
designated and to read as follows:

"
Part
��
.
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Universal Changing Accommodations

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�
489-A
�
Definitions.
�
As used in this part:

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"New establishment" means a place
of public accommodation or public entity construction that is constructed after
July 31, 2027.

����
"Public entity" has the same
meaning as defined in title 42 United States Code section 12131.

����
"Public entity construction"
means any building construction project or program initiated by a public entity
or that utilizes public entity funds.

����
"Restroom for public use" means a
restroom for a place of public accommodation or public entity construction that
is accessible to persons other than employees.

����
"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 restroom for public use.

����
�
489-B
�
New establishments; criteria and application.
�
A place of public accommodation or public
entity construction shall be deemed to be constructed on either the:

����
(1)
�
Date
that a certificate of occupancy was issued; or

����
(2)
�
First
date of occupancy for public use;

whichever
is earlier, regardless of whether the place of public accommodation or public
entity construction has obtained a certificate of occupancy in compliance with
applicable state law and county ordinances.

����
�
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 for establishments utilizing
gender-designated restrooms; provided that at least one is designated for or accessible
by women and at least one is designated for or accessible by men; or

����
(2)
�
One
universal changing accommodation that is accessible to people of any gender
identity or expression.

����
(b)
�
Each
new establishment shall conspicuously post signage indicating the location of
each universal changing accommodation.

����
(c)
�

A violation of this section shall constitute an unlawful discriminatory
practice pursuant to this chapter.

����
�
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 pursuant to section 489-C.

����
�
489-E
�
Undue burden exemption.
�
A new establishment shall not be subject to
the provisions of this part if compliance would create an undue burden.
�
Compliance shall be deemed to create an undue
burden 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.
�
(a)
�
Any person who is injured by an unlawful
discriminatory practice pursuant to this part may bring proceedings to enjoin
the unlawful discriminatory practice.
�
If
the judgment is for the plaintiff, the plaintiff shall be awarded:

����
(1)
�
Reasonable
attorneys' fees;

����
(2)
�
The
cost of the suit; and

����
(3)
�
The
sum of $100.

����
(b)
�

Any action under this part shall be subject to the jurisdiction of the
district courts pursuant to 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 or the jurisdiction of
the civil rights commission."

����
SECTION 2.
�

This Act does not affect rights and duties that matured, penalties that
were incurred, and proceedings that were begun before its effective date.

����
SECTION 3.
�

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 4.
�

In codifying the new sections added by section 1 of this Act, the
revisor of statutes shall substitute appropriate section numbers for the
letters used in designating the new sections in this Act.

����
SECTION 5.
�

This Act shall take effect upon its approval.

INTRODUCED BY:

_____________________________

Report Title:

Equity;
Universal Changing Accommodations; Public Accommodations; Public Entity
Construction

Description:

Requires
all places of public accommodation and public entity construction projects
constructed after 7/31/2027 to provide universal changing accommodations that
are equally accessible regardless of gender.

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