Nation’s first climate impact fee among new Hawaiʻi laws that went in effect in new year

The long-discussed Hawaiʻi Green Fee, the nation’s first-of-its-kind climate impact fee, took effect on Jan. 1, and is expected to generate $100 million annually.

Act 96, formerly Senate Bill 1396, increases the existing tax on hotel stays and rentals by 0.75%  (raising the Transient Accommodations Tax to 11%), and applying this total tax to cruise ship passengers when a vessel is docked at a state harbor.

But on New Yearʻs Eve, a federal appeals court ruling blocked Hawaiʻi from enforcing the tax on cruise ships passengers, according to ABC News.

In August, Cruise Lines International Association, Honolulu Ship Supply, Kauaʻi Kilohana Partners and Aloha Anuenue Tours filed the lawsuit alleging the fee was unconstitutional and burdened cruise operators and passengers.

The law had looked like it would take effect on cruise ship passengers when earlier this week a US District Court judge dismissed most claims of that lawsuit before it was reversed by the federal appeals court.

The Green Fee was originally pitched by Gov. Josh Green years ago and recommended by the Climate Advisory Team after the fatal 2023 Maui wildfires revealed the need for strategies to respond to the increasing frequency and intensity of natural disasters in the state.

According to the state legislature, tourism, agriculture, marine, and renewable energy industries in Hawaiʻi heavily rely on natural resources, which are rapidly degrading due to climate change and environmental mismanagement.

By investing in environmental sustainability, the state aims to secure long-term economic stability while preserving its unique landscapes and biodiversity.

Funds from the Green Fee will protect, manage, and restore Hawaiʻi’s natural resources, increase resilience against climate disasters, perform hazard mitigation, and support destination management, such as park improvements.

Another landmark law, Act 298, is now in effect, modernizing Hawaiʻi’s parentage laws and updating decades-old statutes to reflect the realities of today’s families.

The Hawaiʻi State LGBTQ+ Commission celebrates the law as it strengthens legal protections for LGBTQIA+ families by replacing gendered assumptions about mothers and fathers with gender-neutral definitions, enhancing stability and privacy rights for children and clearing pathways to legal parentage.

“For too long, many of Hawaiʻi’s LGBTQIA+ families have faced unnecessary legal uncertainty simply because our laws failed to reflect how families are actually formed,” said Michael Golojuch Jr., vice chair and legislative lead for the Hawaiʻi State LGBTQ+ Commission. “Act 298 brings Hawaiʻi’s parentage laws into the present and centers the best interests of the keiki, regardless of their parents’ gender, sexual orientation or marital status.”

The law expands and clarifies multiple ways to establish legal parentage, such as voluntary acknowledgment of parentage without lengthy or costly court proceedings and adjudicated parentage, which provides courts with modern, equitable standards when parentage is contested.

The new law also reflects Hawaiʻi’s current medical practices, such as in vitro fertilization, sperm or egg donation, and gestational surrogacy. Intended parents, regardless of gender or marital status, are provided clearer legal recognition and protections.

The other 11 state laws in effect for the new year include:

• Act 21, (SB 1508 SD1): Amends or repeals provisions of the Hawaiʻi Revised Statutes to correct errors, clarify language, or delete unnecessary provisions.
• Act 47, (SB 1035 CD1): Exempts medical and dental services provided to Medicaid, Medicare, or TRICARE recipients from the general excise tax.
• Act 79 (HB 544 CD1): Requires clarity in pet insurance policies offered to Hawaiʻi residents, following the National Association of Insurance Commissioners’ Pet Insurance Model Act.
• Act 90,(HB 1370 CD1): Amends the liquor tax law definition of draft beer as beer in containers of five gallons or more.
• Act 110, (SB 752 CD1): Increases notice periods for property insurer notifications of cancellation or nonrenewal.
• Act 119, (SB 1189 CD1): Requires preliminary campaign finance reports from candidates by Feb. 28 in election years.
• Act 138, (SB 2342 CD1): Clarifies coverage requirements for peer-to-peer car-sharing programs and mandates rate filings from insurers.
• Act 171, (SB 1195 CD1): Prohibits parking within certain distances of crosswalks and intersections, with fines going to the Safe Routes to School Program Special Fund.
• Act 199, (HB 2278 CD1): Requires labeling of products containing macadamia nuts not grown in Hawaiʻi.
• Act 203, (HB 692 CD1): Expands eligibility for the Preschool Open Doors Program by removing accreditation requirements for providers.
• Act 205, (SB 2983 CD1): Requires registration of fundraising platforms and charities with the Department of the Attorney General and imposes liability for fund misuse.