Hawaii 2022 Regular Session

Hawaii House Bill HB1796 Compare Versions

Only one version of the bill is available at this time.

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1	1	HOUSE OF REPRESENTATIVES H.B. NO. 1796 THIRTY-FIRST LEGISLATURE, 2022 STATE OF HAWAII A BILL FOR AN ACT RELATING TO HOMELESSNESS. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
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3	3	HOUSE OF REPRESENTATIVES H.B. NO. 1796
4	4	THIRTY-FIRST LEGISLATURE, 2022
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9	9	H.B. NO.
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13	13	THIRTY-FIRST LEGISLATURE, 2022
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17	17	STATE OF HAWAII
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31	31	A BILL FOR AN ACT
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37	37	RELATING TO HOMELESSNESS.
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43	43	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
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47	47	SECTION 1. The legislature finds that the ohana zones pilot program established pursuant to Act 209, Session Laws of Hawaii 2018, improved the health and well-being of individuals experiencing homelessness. The State awarded ohana zone funded contracts through the department of human services, department of health, Hawaii housing finance and development corporation, and office of youth services. A total of sixteen projects including twenty different sites were supported by ohana zone funding, which exceeded the minimum number of sites required by Act 209. The legislature further finds that as of September 30, 2021, ohana zone programs have served 5,067 individuals statewide, and placed 1,129 individuals into permanent housing. The program has also preserved three hundred fifty-eight beds or units statewide and added four hundred sixty-nine new beds or units in shelter and housing inventory. The purpose of this Act is to continue and expand the programs and services provided by the ohana zones pilot program. SECTION 2. Act 209, Session Laws of Hawaii 2018, section 4, as amended by Act 128, section 1, Session Laws of Hawaii 2019, is amended as follows: 1. By amending subsection (a) to read: "(a) Contracts entered into by the agencies designated by the governor pursuant to the ohana zones pilot program shall be exempt from the following requirements [of chapters 103D and 103F, Hawaii Revised Statutes.]; provided that these exemptions shall apply only during the pilot period: (1) Chapter 6E, Hawaii Revised Statutes, historic preservation; (2) Section 37-41, Hawaii Revised Statutes, appropriations to revert to state treasury; (3) Section 37-74(d), Hawaii Revised Statutes, program execution, except for subsections 37-74(d)(2) and (3), Hawaii Revised Statutes; provided that any of those transfers or changes shall be considered authorized transfers or changes for purposes of section 37‑74(d)(1), Hawaii Revised Statutes, for legislative reporting requirements; (4) Section 40-66, Hawaii Revised Statutes, lapsing of appropriations; (5) Chapter 46, Hawaii Revised Statutes, county organization and administration, as any county ordinance, rule, regulation, law, or provision in any form that applies to any county permitting, licensing, zoning, variance, process, procedure, fee, or any other requirement that hinders, delays, or impedes the purpose of this Act; (6) Chapter 92, Hawaii Revised Statutes, public agency meetings and records, to the extent that any notice requirements or any other provisions of chapter 92, Hawaii Revised Statutes, may delay the expeditious action, decision, or approval of any agency; (7) Section 102-2, Hawaii Revised Statutes, contracts for concessions in government buildings; bid requirements; (8) Section 103-2, Hawaii Revised Statutes, general fund; (9) Section 103-53, Hawaii Revised Statutes, contracts with the State or counties; tax clearances, assignments; (10) Chapter 103D, Hawaii Revised Statutes, Hawaii public procurement code; (11) Chapter 104, Hawaii Revised Statutes, wages and hours of employees on public works; (12) Sections 105-1 to 105-10, Hawaii Revised Statutes, use of government vehicles, limitations; (13) Section 127A-30, Hawaii Revised Statutes, rental or sale of essential commodities during a state of emergency; prohibition against price increases; (14) Chapter 171, Hawaii Revised Statutes, public lands; (15) Chapter 205, Hawaii Revised Statutes, land use commission; (16) Chapter 205A, Hawaii Revised Statutes, coastal zone management; (17) Chapter 206E, Hawaii Revised Statutes, Hawaii community development authority; (18) Chapter 343, Hawaii Revised Statutes, environmental impact statements; (19) Chapter 346, Hawaii Revised Statutes, social services; and (20) Section 464-4, Hawaii Revised Statutes, public works required to be supervised by certain professionals; and (21) Sections 601-1.5, 708-817, 708-818, 708-820, 708‑830.5, and 708-840, Hawaii Revised Statutes, to the extent that these sections contain provisions for the suspension, tolling, extension, or granting of relief from deadlines, time schedules, or filing requirements in civil, criminal, or administrative matters before the courts of the State or to the extent that these sections contain provisions for criminal penalties that are automatically heightened by reason of any declared disaster or emergency." 2. By amending subsection (c) to read: "(c) Each provider or agency awarded or allocated funds under the pilot program shall submit a report to the governor's coordinator on homelessness on expenditures of the funds. The governor's coordinator on homelessness shall compile and consolidate information and reports from the providers and agencies [designated by the governor] awarded or allocated funds to effectuate this part and submit reports to the legislature no later than twenty days prior to the convening of the regular sessions of 2020, 2021, [and] 2022[.], 2023, 2024, 2025, 2026, and 2027." 3. By amending subsections (e) and (f) to read: "(e) The reports submitted no later than twenty days prior to the convening of the regular sessions of 2021 [and], 2022, 2023, 2024, 2025, 2026, 2026, and 2027, shall include the following information: (1) The milestones established pursuant to subsection (b) that were met by the agencies designated by the governor pursuant to the ohana zones pilot program and ohana zones established during the fiscal year; (2) An evaluation of the ohana zones to determine whether the objectives set have been met or exceeded; (3) Any proposed changes that need to be made to the performance measures used to assess the achievement of program goals; and (4) An assessment of the impact of the ohana zone model on the homelessness problem in Hawaii. (f) The pilot program shall cease to exist on June 30, [2023.] 2026." SECTION 3. There is appropriated out of the general revenues of the State of Hawaii the sum of $15,000,000 or so much thereof as may be necessary for fiscal year 2022-2023 to continue the ohana zones pilot program and expenses related to facility construction, provision of services, staffing, and administrative costs; provided that: (1) The moneys appropriated by this section shall be the funding source of last resort. The provider shall attest that it has pursued all other alternative sources of funding available to the provider for the services rendered before using moneys made available to the provider appropriated by this section; (2) No moneys shall be paid to any provider until the provider demonstrates compliance with the performance contract; (3) If the expending agency or any other appropriate agency determines that a provider has spent moneys in violation of paragraphs (1) or (2), the provider shall forfeit and repay the moneys spent in violation of paragraph (1) or (2) to the State. The expending agency, the attorney general, or other agency may take action to recover the expended moneys; and (4) Preference for contracted services shall be given to an applicant that is a qualified medicaid provider in the State; provided further that: (A) If two competing applicants that submit proposals for the same purchase of services contract pursuant to section 103F-402, Hawaii Revised Statutes, are otherwise equivalent, the purchasing agency shall select the applicant who is a qualified medicaid provider; (B) An applicant that is not a qualified medicaid provider at the time the contract is awarded shall have up to one year after the date on the notice of award to apply and be qualified as a medicaid provider by the department of human services; and (C) When applicable, the department of human services shall make available to each provider being awarded a contract an explanation, through a memorandum of understanding, of how the provider may capture federal medicaid moneys. The sum appropriated shall be expended by the department of human services for the purposes of this Act; provided that the department of human services shall transfer the expenditure authority to designated executive branch departments or agencies within a reasonable time. Notwithstanding any other law to the contrary, the department of human services may transfer all or a portion of the appropriation in this section to agencies for expenditures incurred to implement the program. Executive branch agencies designated by the department of human services shall comply with all requirements established by this Act, as applicable, and may expend any appropriation transferred pursuant to this section for the performance of duties under the pilot program. SECTION 4. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored. SECTION 5. This Act shall take effect on July 1, 2022. INTRODUCED BY: _____________________________
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49	49	SECTION 1. The legislature finds that the ohana zones pilot program established pursuant to Act 209, Session Laws of Hawaii 2018, improved the health and well-being of individuals experiencing homelessness. The State awarded ohana zone funded contracts through the department of human services, department of health, Hawaii housing finance and development corporation, and office of youth services. A total of sixteen projects including twenty different sites were supported by ohana zone funding, which exceeded the minimum number of sites required by Act 209.
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51	51	The legislature further finds that as of September 30, 2021, ohana zone programs have served 5,067 individuals statewide, and placed 1,129 individuals into permanent housing. The program has also preserved three hundred fifty-eight beds or units statewide and added four hundred sixty-nine new beds or units in shelter and housing inventory.
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53	53	The purpose of this Act is to continue and expand the programs and services provided by the ohana zones pilot program.
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55	55	SECTION 2. Act 209, Session Laws of Hawaii 2018, section 4, as amended by Act 128, section 1, Session Laws of Hawaii 2019, is amended as follows:
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57	57	1. By amending subsection (a) to read:
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59	59	"(a) Contracts entered into by the agencies designated by the governor pursuant to the ohana zones pilot program shall be exempt from the following requirements [of chapters 103D and 103F, Hawaii Revised Statutes.]; provided that these exemptions shall apply only during the pilot period:
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61	61	(1) Chapter 6E, Hawaii Revised Statutes, historic preservation;
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63	63	(2) Section 37-41, Hawaii Revised Statutes, appropriations to revert to state treasury;
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65	65	(3) Section 37-74(d), Hawaii Revised Statutes, program execution, except for subsections 37-74(d)(2) and (3), Hawaii Revised Statutes; provided that any of those transfers or changes shall be considered authorized transfers or changes for purposes of section 37‑74(d)(1), Hawaii Revised Statutes, for legislative reporting requirements;
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67	67	(4) Section 40-66, Hawaii Revised Statutes, lapsing of appropriations;
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69	69	(5) Chapter 46, Hawaii Revised Statutes, county organization and administration, as any county ordinance, rule, regulation, law, or provision in any form that applies to any county permitting, licensing, zoning, variance, process, procedure, fee, or any other requirement that hinders, delays, or impedes the purpose of this Act;
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71	71	(6) Chapter 92, Hawaii Revised Statutes, public agency meetings and records, to the extent that any notice requirements or any other provisions of chapter 92, Hawaii Revised Statutes, may delay the expeditious action, decision, or approval of any agency;
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73	73	(7) Section 102-2, Hawaii Revised Statutes, contracts for concessions in government buildings; bid requirements;
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75	75	(8) Section 103-2, Hawaii Revised Statutes, general fund;
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77	77	(9) Section 103-53, Hawaii Revised Statutes, contracts with the State or counties; tax clearances, assignments;
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79	79	(10) Chapter 103D, Hawaii Revised Statutes, Hawaii public procurement code;
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81	81	(11) Chapter 104, Hawaii Revised Statutes, wages and hours of employees on public works;
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83	83	(12) Sections 105-1 to 105-10, Hawaii Revised Statutes, use of government vehicles, limitations;
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85	85	(13) Section 127A-30, Hawaii Revised Statutes, rental or sale of essential commodities during a state of emergency; prohibition against price increases;
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87	87	(14) Chapter 171, Hawaii Revised Statutes, public lands;
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89	89	(15) Chapter 205, Hawaii Revised Statutes, land use commission;
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91	91	(16) Chapter 205A, Hawaii Revised Statutes, coastal zone management;
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93	93	(17) Chapter 206E, Hawaii Revised Statutes, Hawaii community development authority;
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95	95	(18) Chapter 343, Hawaii Revised Statutes, environmental impact statements;
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97	97	(19) Chapter 346, Hawaii Revised Statutes, social services; and
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99	99	(20) Section 464-4, Hawaii Revised Statutes, public works required to be supervised by certain professionals; and
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101	101	(21) Sections 601-1.5, 708-817, 708-818, 708-820, 708‑830.5, and 708-840, Hawaii Revised Statutes, to the extent that these sections contain provisions for the suspension, tolling, extension, or granting of relief from deadlines, time schedules, or filing requirements in civil, criminal, or administrative matters before the courts of the State or to the extent that these sections contain provisions for criminal penalties that are automatically heightened by reason of any declared disaster or emergency."
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103	103	2. By amending subsection (c) to read:
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105	105	"(c) Each provider or agency awarded or allocated funds under the pilot program shall submit a report to the governor's coordinator on homelessness on expenditures of the funds.
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107	107	The governor's coordinator on homelessness shall compile and consolidate information and reports from the providers and agencies [designated by the governor] awarded or allocated funds to effectuate this part and submit reports to the legislature no later than twenty days prior to the convening of the regular sessions of 2020, 2021, [and] 2022[.], 2023, 2024, 2025, 2026, and 2027."
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109	109	3. By amending subsections (e) and (f) to read:
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111	111	"(e) The reports submitted no later than twenty days prior to the convening of the regular sessions of 2021 [and], 2022, 2023, 2024, 2025, 2026, 2026, and 2027, shall include the following information:
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113	113	(1) The milestones established pursuant to subsection (b) that were met by the agencies designated by the governor pursuant to the ohana zones pilot program and ohana zones established during the fiscal year;
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115	115	(2) An evaluation of the ohana zones to determine whether the objectives set have been met or exceeded;
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117	117	(3) Any proposed changes that need to be made to the performance measures used to assess the achievement of program goals; and
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119	119	(4) An assessment of the impact of the ohana zone model on the homelessness problem in Hawaii.
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121	121	(f) The pilot program shall cease to exist on June 30, [2023.] 2026."
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123	123	SECTION 3. There is appropriated out of the general revenues of the State of Hawaii the sum of $15,000,000 or so much thereof as may be necessary for fiscal year 2022-2023 to continue the ohana zones pilot program and expenses related to facility construction, provision of services, staffing, and administrative costs; provided that:
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125	125	(1) The moneys appropriated by this section shall be the funding source of last resort. The provider shall attest that it has pursued all other alternative sources of funding available to the provider for the services rendered before using moneys made available to the provider appropriated by this section;
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127	127	(2) No moneys shall be paid to any provider until the provider demonstrates compliance with the performance contract;
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129	129	(3) If the expending agency or any other appropriate agency determines that a provider has spent moneys in violation of paragraphs (1) or (2), the provider shall forfeit and repay the moneys spent in violation of paragraph (1) or (2) to the State. The expending agency, the attorney general, or other agency may take action to recover the expended moneys; and
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131	131	(4) Preference for contracted services shall be given to an applicant that is a qualified medicaid provider in the State; provided further that:
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133	133	(A) If two competing applicants that submit proposals for the same purchase of services contract pursuant to section 103F-402, Hawaii Revised Statutes, are otherwise equivalent, the purchasing agency shall select the applicant who is a qualified medicaid provider;
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135	135	(B) An applicant that is not a qualified medicaid provider at the time the contract is awarded shall have up to one year after the date on the notice of award to apply and be qualified as a medicaid provider by the department of human services; and
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137	137	(C) When applicable, the department of human services shall make available to each provider being awarded a contract an explanation, through a memorandum of understanding, of how the provider may capture federal medicaid moneys.
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139	139	The sum appropriated shall be expended by the department of human services for the purposes of this Act; provided that the department of human services shall transfer the expenditure authority to designated executive branch departments or agencies within a reasonable time.
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141	141	Notwithstanding any other law to the contrary, the department of human services may transfer all or a portion of the appropriation in this section to agencies for expenditures incurred to implement the program.
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143	143	Executive branch agencies designated by the department of human services shall comply with all requirements established by this Act, as applicable, and may expend any appropriation transferred pursuant to this section for the performance of duties under the pilot program.
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145	145	SECTION 4. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
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147	147	SECTION 5. This Act shall take effect on July 1, 2022.
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151	151	INTRODUCED BY: _____________________________
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153	153	INTRODUCED BY:
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155	155	_____________________________
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161	161	Report Title: Department of Human Services; Homelessness; Housing; Ohana Zones Pilot Program; Appropriation Description: Extends the Ohana Zones Pilot Program to 2026 to reduce homelessness by placing individuals into permanent housing, expanding housing, and preserving existing housing. Appropriates moneys. The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
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167	167	Report Title:
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169	169	Department of Human Services; Homelessness; Housing; Ohana Zones Pilot Program; Appropriation
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173	173	Description:
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175	175	Extends the Ohana Zones Pilot Program to 2026 to reduce homelessness by placing individuals into permanent housing, expanding housing, and preserving existing housing. Appropriates moneys.
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183	183	The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.