Bill > SB3323

This bill, known as the Na Aina no Ia Act or NANI Act, establishes "ecosystem persons" by granting legal personhood to watersheds and coral reef ecosystems in Hawaii, meaning they are recognized as entities with inherent rights to exist, flourish, and evolve. These rights are rooted in the public trust doctrine, which holds that certain natural resources are preserved for the benefit of the public, and in Native Hawaiian customary stewardship practices, emphasizing the responsibility to care for the land. The bill allows any individual, public agency, or private entity to bring legal action to enforce these ecosystem rights, seeking remedies such as injunctions to stop harmful activities, mandatory restoration of damaged ecosystems to their prior ecological condition or the best achievable functional state, and civil penalties for violations. It also mandates continuing duties of ecological repair, even for historical harms, and emphasizes community consultation, co-governance with Native Hawaiian practitioners and scientists, and ensures that these ecosystem rights supersede any conflicting laws or agreements that attempt to waive or limit accountability for environmental damage.

Agriculture and Natural Resources

https://www.capitol.hawaii.gov/session/measure_indiv.aspx?billtype=SB&billnumber=3323&year=2026