Hawaii has a state-specific ICT accessibility law: Act 172, SLH 2022 (the Hawaii Electronic Information Technology Accessibility Act), which directs the Office of Enterprise Technology Services (ETS), with the Disability and Communication Access Board, to publish and maintain the Hawaii Electronic Information Technology Disability Access Standards. Those Standards adopt WCAG 2.1 Level A and AA and align with the Section 508 Standards (36 C.F.R. Part 1194), and apply to all state entities (executive/legislative/judicial branches, public schools, and the University of Hawaii) and their contractors, with Section 508 E202 exceptions including undue burden / fundamental alteration. Enforcement is complaint/grievance-driven through agency ADA Coordinators; Act 172 provides no private right of action and no statutory damages or per-violation penalties. The operative compliance deadline tracks the federal DOJ Title II rule, April 26, 2027 for public entities of 50,000+ population (extended from April 24, 2026).

What the law requires

• Responsible agency Office of Enterprise Technology Services (ETS), Department of Accounting and General Services, led by the State Chief Information Officer, in consultation with the Disability and Communication Access Board (DCAB) (ets.hawaii.gov/accessibility-statement/) (opens in new tab)
• Adopted standard WCAG 2.1 Level A and AA (or a subsequent version adopted by the U.S. Access Board or DOJ), plus the Section 508 Standards at 36 C.F.R. Part 1194 (functional performance criteria and technical requirements). The state Access Standards expressly require consistency with U.S. Access Board Section 508 standards and W3C WAI web access standards, per Act 172.
• Who it covers All 'state entities': the executive, legislative, and judicial branches of the State, including departments, divisions, agencies, offices; public bodies; public elementary, secondary, and postsecondary schools; and the University of Hawaii. Applies to all electronic information technology developed, purchased, used, or provided by a state entity, and to all substantial modifications. State entities that contract with other entities to provide public service must ensure their contractors comply with the Access Standards. Hawaii's statutory 'state entity' definition does NOT include the counties / local governments, though counties remain independently covered by federal ADA Title II.
• Private right of action No - Act 172 creates no private right of action for digital accessibility. It only directs ETS to include 'recommendations for planning, reporting, monitoring, and enforcement processes' in the Access Standards. Enforcement is complaint/grievance-driven: the Access Standards route discrimination grievances through Department/Agency ADA Coordinators and EEO Officers. Aggrieved individuals' substantive remedies arise under federal ADA Title II / Section 504, not the state statute.
• Statutory damages / penalties None - enforcement/complaint-driven. Act 172 contains no statutory damages, civil penalty, or per-violation fine. No monetary penalty amount is specified anywhere in the Act or the Access Standards.
• Exemptions The Access Standards incorporate the Section 508 E202 General Exceptions, including E202.2 Legacy ICT, E202.3 National Security Systems, E202.4 Federal Contracts (incidental ICT), E202.5 ICT in maintenance/monitoring spaces, and E202.6 Undue Burden or Fundamental Alteration (conformance required only to the extent it does not impose an undue burden or fundamentally alter the nature of the ICT). DOJ Title II rule exceptions also apply. Additionally, per Act 172(d), the standards do not require installing specific accessibility software/peripherals at the workstation of an employee who is not an individual with a disability, but require all workstation technology to be compatible with such software/devices.
• Governing authority Act 172, Session Laws of Hawaii 2022 (the 'Hawaii Electronic Information Technology Accessibility Act,' originating as S.B. 2144 SD1 HD1 CD1; signed June 27, 2022). The Act directs ETS to develop and publish the 'Hawaii Electronic Information Technology Disability Access Standards' (Access Standards), currently Version 1.2, effective April 20, 2026. Act 172 is a session law and is not codified as a standalone HRS section. Federal baseline: ADA Title II (42 U.S.C. 12131 et seq.) and 28 C.F.R. Part 35 Subpart H (Sec. 35.200).
• Compliance deadline April 26, 2027 (extended by DOJ from April 24, 2026) for public entities with a total population of 50,000 or more, per 28 C.F.R. Sec. 35.200 as incorporated into the state Access Standards (Comptroller's Memorandum No. 2026-10, April 21, 2026). Smaller public entities face the later federal Title II date (April 26, 2028). Separately, Act 172 requires each state entity, within 6 months after publication (or amendment) of the Access Standards, to review and revise its procurement and development rules, policies, and procedures to incorporate the standards.

Official sources:
health.hawaii.gov/dcab/files/2025/04/Act-172-SLH-2022.pdf (opens in new tab)
capitol.hawaii.gov/sessions/session2022/bills/GM1273_.PDF (opens in new tab)
ets.hawaii.gov/wp-content/uploads/2025/01/Hawaii-Electronic-Information-Technology-Disability-Access-Standards.pdf (opens in new tab)
ags.hawaii.gov/wp-content/uploads/2026/04/Comptrollers-Memo-No.-2026-10-Web-App-Accessibility-Deadline-Extension.pdf (opens in new tab)
ets.hawaii.gov/accessibility-statement/ (opens in new tab)
ets.hawaii.gov/accessibility-statement/web-accessibility-resources/ (opens in new tab)

Not legal advice. Informational summary compiled from the official sources cited above, last verified 2026-06-08. Requirements change; confirm against the primary source before relying on it. Federal ADA Title II applies regardless of state law (WCAG 2.1 Level AA; compliance April 26, 2027 for entities of 50,000+ population, April 26, 2028 for smaller entities and special districts). See all states.