Bill > SB1166

This bill establishes a comprehensive legal framework for holding fossil fuel companies accountable for climate change-related damages in Hawaii. It allows the Hawaii Property Insurance Association and private insurers to file subrogation and civil claims against "responsible parties" (fossil fuel companies) for damages resulting from climate disasters, extreme weather events, and long-term climate system changes. The bill creates a new legal cause of action for insurers and individuals to sue fossil fuel companies, with a minimum damage threshold of $10,000 and a three-year discovery period for filing claims. The legislation is based on findings that fossil fuel companies deliberately spread misinformation about climate change, knowingly contributing to environmental damage. Key provisions include allowing lawsuits in multiple Hawaiian counties, establishing joint and several liability for defendants, removing several potential legal defenses, and requiring that insurance rates account for any proceeds recovered through these legal actions. If successful, plaintiffs can recover compensatory and punitive damages, including costs for property damage, medical care, and emotional distress. The bill explicitly states that climate-related damages should not be considered acts of God or unforeseeable events, and it aims to provide a judicial forum for efficiently resolving climate change-related claims, with the law set to take effect on July 1, 2050.

Budget and Finance, Business and Industry

https://www.capitol.hawaii.gov/session/measure_indiv.aspx?billtype=SB&billnumber=1166&year=2026