HB 1905 Summary

• Creates a new "Clean Air Bill of Rights" chapter establishing that every person in Hawaii has the right to breathe clean air free from secondhand smoke, pesticide drift, aerosolized chemicals, and fugitive dust.

• Defines key terms including "secondhand smoke" (smoke from tobacco, electronic smoking devices, or cannabis), "pesticide drift" (movement of pesticide dust or droplets beyond the intended application area), and incorporates existing definitions for cannabis, electronic smoking devices, fugitive dust, and pesticides.

• Grants any person the right to file a civil suit as a private attorney general against any person or entity violating the chapter's provisions in circuit environmental courts.

• Requires 30 days' written notice before filing suit, except in emergency cases posing significant risk to health; allows the Attorney General to intervene on behalf of the State if requested by the department.

• Clarifies that rights granted are limited by other state and county laws, state regulations, federal law, and state and federal constitutions, and do not create new legal rights beyond those frameworks.