| 47 | | - | PART I SECTION 1. The legislature finds that homelessness continues to be one of Hawaii's most dire and persistent challenges. The legislature further finds that the solution to homelessness lies in the creation of homes that are affordable, even to individuals with very little income. However, three of the biggest barriers to creating truly affordable housing for those most in need are the high cost of construction per unit of housing; a long and unpredictable planning and permitting process that adds risk and costs for developers; and opponents of housing projects who use the lengthy planning and permitting process to block unwanted projects. Despite these obstacles, Hawaii has unique advantages that it can draw upon to end homelessness, particularly its strong sense of family and community. Many people experiencing homelessness build a community with each other where they can and are accustomed to operating like a village, relying on each other for safety and support. These supportive networks can be leveraged to create village-style affordable housing, or kauhale, that is less costly to construct and operate. Expediting the creation of these kauhale, either through new construction or adaptive re-use of existing buildings, can help bring an end to Hawaii's homeless crisis. The purpose of this Act is to: (1) Authorize the Hawaii public housing authority to establish a kauhale program to provide housing and services to homeless individuals and families; (2) Provide certain continued exemptions for low-income rental units, tiny homes, and kauhale constructed pursuant to the governor's 2015 and 2018 proclamations on homelessness; and (3) Appropriate funds for the establishment and administration of the kauhale program. PART II SECTION 2. Chapter 356D, Hawaii Revised Statutes, is amended by adding a new section to part I to be appropriately designated and to read as follows: "§356D- Kauhale program; authority to establish; requirements. (a) The authority may establish a kauhale program to provide individual or shared housing units and support services to homeless individuals and families who are verified by a government agency or homeless services provider as homeless or at imminent risk of homelessness. (b) If exercising its authority under this section to establish a kauhale program, the authority shall cooperate with any state department or agency and private nonprofit organizations as needed to expedite the development and operation of housing under the kauhale program, including entities having specific expertise in construction development and in administering services for homeless persons. Any kauhale constructed under this section shall be situated on public or private lands in accordance with subsection (c); provided that the authority shall identify at least three sites on Oahu and one site on each of the islands of Hawaii, Kauai, and Maui for a kauhale. (c) The authority may coordinate with public or private entities, as appropriate, to develop and implement the kauhale program; provided that: (1) If any public land under the jurisdiction of a state or county agency is determined to be suitable for use as a kauhale, the authority shall: (A) Work with the appropriate state or county agency that controls the land to transfer the land designated for use as a kauhale to an agency or nonprofit organization whose mission is more suited to the management of housing persons who meet the definition of "chronically homeless", as defined by the United States Department of Housing and Urban Development; and (B) Work with the appropriate state or county agency that controls the land and its construction agency to ensure that the kauhale's infrastructure needs are met and minimize adverse impacts to the environment, including nearshore resources such as corals, reef fish, and seabirds; (2) Use of any private lands determined to be suitable for kauhale shall be for limited purposes and require a written agreement between the authority and the private landowner; provided that the private landowner shall ensure the private lands shall be used for affordable housing in perpetuity through a deed restriction, easement, or other legally binding measure; and (3) The kauhale communities may allow for off-the-grid technologies that can provide drinking water and electricity and process sewage without existing infrastructure. (d) The kauhale program may provide the following facilities and services at each site: (1) Secure dwelling spaces that: (A) May be private or communal; (B) Are designed aesthetically and constructed of quality materials; (C) Have access to toilets, showers, and other hygiene facilities; (D) Have access to adequate facilities that allow for cooking and meal preparation; (E) Have common spaces that build community and encourage sustainability; and (F) Include living units; (2) Medical and social support services; and (3) Transportation to appointments related to medical care or supportive services that are not available onsite. (e) The construction of living units pursuant to subsection (d)(1)(F) shall be exempt from the requirements of chapter 46, to the extent that any county ordinance, rule, regulation, or provision that applies to any county permitting, licensing, zoning, variance, processes, procedures, or fees, or any other county requirements, hinder, delay, or impede the purposes of this section; provided that: (1) All construction shall conform to drawings and plans stamped by licensed architects and engineers; (2) Stamped drawings and plans shall be submitted to the appropriate county planning and permitting agencies for informational purposes; (3) Submitted plans shall list any deviations from existing county building codes; (4) No deviations from any county building codes that relate to life safety shall be allowed; and (5) Any project constructed under this section shall comply with county floodplain management regulations. (f) The authority may employ persons for the kauhale program who are exempt from chapters 76, 89, and 89C. (g) Any appropriations by the legislature for the kauhale program shall be exempt from section 37-41. (h) The state historic preservation division shall prioritize the review of projects under the kauhale program and shall complete its review of the projects within forty-five days of initiating the review. (i) Projects shall be exempt from the land use requirements of chapter 205; provided that the site plan for the development of a project shall include measures to conform with the purposes of the original classification of the land on which the project is to be built. (j) The kauhale program shall be exempt from the requirements of chapter 206E, and sections 102-2, 103‑53, 103‑55, 105-1 to 105-10, and 464-4. (k) The authority may establish the following: (1) The criteria that the authority will use to evaluate potential kauhale projects; (2) The evaluation criteria and process that the authority intends to use each year when reviewing the success and sustainability of the kauhale, including: (A) Occupancy rates; and (B) Effectiveness of support services provided through the kauhale; and (3) The monitoring and oversight controls that the authority will have over the kauhale to identify, address, and prevent possible fraud, waste, and abuse and ensure compliance with federal, state, and local laws. (l) The authority may establish a community advisory committee for the kauhale program to advise and assist the authority, which may comprise the following invited members to be appointed by the governor in accordance with section 26-34: (1) Two nonprofit developers of affordable housing; (2) Two nonprofit homeless services providers; (3) One representative of Partners in Care; (4) One representative of Bridging the Gap Hawaii; and (5) Two individuals who are currently experiencing or have experienced homelessness within twenty-four months prior to invitation and appointment. (m) If exercising its authority under this section to establish a kauhale program, the authority shall submit annual reports on the status and progress of the activities that it has taken to establish and maintain the kauhale program to the legislature no later than twenty days prior to the convening of each regular session, beginning with the regular session of 2025. (n) The authority shall consult with the department of human services and department of health to administer the kauhale program pursuant to this section; provided that the homeless programs office of the department of human services shall administer kauhale operations, including the provision of supportive services under the kauhale program. (o) As used in this section, "kauhale" means decent, safe, and sanitary dwellings." PART III SECTION 3. All low-income rental units, tiny home villages, and kauhale built pursuant to the governor's 2015 and 2018 proclamations on homelessness shall be exempt from the following provisions of the Hawaii Revised Statutes; provided that the permanent housing created under the governor's proclamations on homelessness shall be safe, sanitary, and suitable for human habitation: (1) Section 37-41, appropriations to revert to state treasury; (2) Section 37-74(d), program execution, except for subsections 37-74(d)(2) and 37-74(d)(3), and any transfers or changes shall be considered authorized transfers or changes for purposes of subsection 34‑74(d)(1) for legislative reporting requirements; (3) Section 40-66, lapsing of appropriations; (4) Chapter 46, county organization and administration, to the extent that any county ordinance, rule, regulation, or provision that applies to any county permitting, licensing, zoning, variance, processes, procedures, or fees, or any other county requirements, hinder, delay, or impede the purposes of this Act; (5) Chapter 76, civil service; (6) Chapter 89, collective bargaining in public employment; (7) Chapter 89C, public officers and employees excluded from collective bargaining; (8) Section 102-2, contracts for concessions in government buildings; bid requirements; (9) Section 103-2, general fund; (10) Section 103-53, contracts with the State or counties; tax clearances, assignments; (11) Section 103-55, wages, hours, and working conditions of employees of contractors performing services; (12) Chapter 103F, purchases of health and human services; (13) Chapter 104, wages and hours of employees on public works; (14) Sections 105-1 to 105-10, use of government motor vehicles, limitations; (15) Section 127A-30, rental or sale of essential commodities during a state of emergency; prohibition against price increases; (16) Chapter 205, land use commission; (17) Chapter 205A, coastal zone management; (18) Chapter 206E, Hawaii community development authority; (19) Chapter 343, environmental impact statements; (20) Section 464-4, 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, 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. PART IV SECTION 4. The governor may by executive order identify and transfer to the Hawaii public housing authority suitable lands upon which the authority may construct kauhale in accordance with section 356D‑ , Hawaii Revised Statutes. PART V SECTION 5. There is appropriated out of the general revenues of the State of Hawaii the sum of $ or so much thereof as may be necessary for fiscal year 2023-2024 and the same sum or so much thereof as may be necessary for fiscal year 2024-2025 for: (1) One full-time equivalent (1.0 FTE) development specialist position, who shall be exempt from chapter 76, Hawaii Revised Statutes; (2) One full-time equivalent (1.0 FTE) program administrator position, who shall be exempt from chapter 76, Hawaii Revised Statutes; (3) One full-time equivalent (1.0 FTE) contract specialist position, who shall be exempt from chapter 76, Hawaii Revised Statutes; (4) One full-time equivalent (1.0 FTE) public housing specialist II position; and (5) One full-time equivalent (1.0 FTE) secretary I position, to establish and administer the kauhale program authorized under part II of this Act. The sums appropriated shall be expended by the Hawaii public housing authority for the purposes of this Act. SECTION 6. New statutory material is underscored. SECTION 7. This Act shall take effect on July 1, 2023. |
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| 47 | + | PART I SECTION 1. The legislature finds that homelessness continues to be one of Hawaii's most dire and persistent challenges. The legislature further finds that the solution to homelessness lies in the creation of homes that are affordable, even to individuals with very little income. However, three of the biggest barriers to creating truly affordable housing for those most in need are the high cost of construction per unit of housing; a long and unpredictable planning and permitting process that adds risk and costs for developers; and opponents of housing projects who use the lengthy planning and permitting process to block unwanted projects. Despite these obstacles, Hawaii has unique advantages that it can draw upon to end homelessness, particularly its strong sense of family and community. Many people experiencing homelessness build a community with each other where they can and are accustomed to operating like a village, relying on each other for safety and support. These supportive networks can be leveraged to create village-style affordable housing, or kauhale, that is less costly to construct and operate. Expediting the creation of these kauhale, either through new construction or adaptive re-use of existing buildings, can help bring an end to Hawaii's homeless crisis. The purpose of this Act is to: (1) Authorize the Hawaii public housing authority to establish a kauhale program to provide housing and services to homeless individuals and families; (2) Provide continued exemptions for low-income rental units, tiny homes, and kauhale constructed pursuant to the governor's 2015 and 2018 proclamations on homelessness; and (3) Appropriate funds for the establishment and administration of the kauhale program. PART II SECTION 2. Chapter 356D, Hawaii Revised Statutes, is amended by adding a new section to part I to be appropriately designated and to read as follows: "§356D- Kauhale program; authority to establish; requirements. (a) The authority may establish a kauhale program to provide individual or shared housing units and support services to homeless individuals and families who meet the definition of "chronically homeless", as defined by the United States Department of Housing and Urban Development. (b) The authority shall cooperate with any state department or agency and private nonprofit organizations as needed to expedite the development and operation of housing under the kauhale program, including entities having specific expertise in construction development and in administering services for homeless persons. Any kauhale constructed under this section shall be situated on public or private lands in accordance with subsection (c); provided that the authority shall identify at least three sites on Oahu and one site on each of the islands of Hawaii, Kauai, and Maui for a kauhale. (c) The authority may coordinate with public or private entities, as appropriate, to develop and implement the kauhale program; provided that: (1) If any public land under the jurisdiction of a state or county agency is determined to be suitable for use as a kauhale, the authority shall: (A) Work with the appropriate state or county agency that controls the land to transfer the land designated for use as a kauhale to an agency or nonprofit organization whose mission is more suited to the management of housing persons who meet the definition of "chronically homeless"; and (B) Work with the appropriate state or county agency that controls the land and its construction agency to ensure that the kauhale's infrastructure needs are met and minimize adverse impacts to the environment, including nearshore resources such as corals, reef fish, and seabirds; (2) Use of any private lands determined to be suitable for kauhale shall be for limited purposes and require a written agreement between the authority and the private landowner; provided that the private landowner shall ensure the private lands shall be used for affordable housing in perpetuity through a deed restriction, easement, or other legally binding measure; and (3) The kauhale communities may allow for off-the-grid technologies that can provide drinking water and electricity and process sewage without existing infrastructure. (d) The kauhale program may provide the following facilities and services at each site: (1) Secure dwelling spaces that: (A) May be private or communal; (B) Are designed aesthetically and constructed of quality materials; (C) Have access to toilets, showers, and other hygiene facilities; (D) Have access to adequate facilities that allow for cooking and meal preparation; (E) Have common spaces that build community and encourage sustainability; and (F) Include living units; (2) Medical and social support services; and (3) Transportation to appointments related to medical care or supportive services that are not available onsite. (e) The construction of living units pursuant to section (d)(1)(F) shall be exempt from the requirements of chapter 46, to the extent that any county ordinance, rule, regulation, or provision that applies to any county permitting, licensing, zoning, variance, processes, procedures, or fees, or any other county requirements, hinder, delay, or impede the purposes of this section; provided that: (1) All construction shall conform to drawings and plans stamped by licensed architects and engineers; (2) Stamped drawings and plans shall be submitted to the appropriate county planning and permitting agencies for informational purposes; (3) Submitted plans shall list any deviations from existing county building codes; and (4) No deviations from any county building codes that relate to life safety shall be allowed. (f) The authority may employ persons for the kauhale program who are exempt from chapters 76, 89, and 89C. (g) Any appropriations by the legislature for the kauhale program shall be exempt from section 37-41. (h) The state historic preservation division shall prioritize the review of projects under the kauhale program and shall complete its review of the projects within forty-five days of initiating the review. If a review of a project under the kauhale program is not completed by the state historic preservation division within forty-five days of the division initiating its review, the project shall be exempt from chapter 6E; provided that the developer for the project shall commission historical, cultural, and archaeological background research and a field inspection report by a licensed archaeologist; provided further that the report shall: (1) Determine the likelihood that historic or cultural assets may be affected by the project; (2) Make cultural resource management recommendations if historical or cultural assets are likely to be affected by the project; and (3) Shall be submitted to the state historic preservation division for informational purposes. (i) Projects shall be exempt from the land use requirements of chapter 205; provided that the site plan for the development of a project shall include measures to conform with the purposes of the original classification of the land on which the project is to be built. (j) The kauhale program shall be exempt from the requirements of chapters 206E and 346, and sections 102-2, 103‑53, 103-55, 105-1 to 105-10, and 464-4. (k) The authority may establish the following: (1) The criteria that the authority will use to evaluate potential kauhale projects; (2) The evaluation criteria and process that the authority intends to use each year when reviewing the success and sustainability of the kauhale, including: (A) Occupancy rates; and (B) Effectiveness of support services provided through the kauhale; and (3) The monitoring and oversight controls that the authority will have over the kauhale to identify, address, and prevent possible fraud, waste, and abuse and ensure compliance with federal, state, and local laws. (l) The authority may establish a community advisory committee for the kauhale program to advise and assist the authority, which may comprise the following invited members to be appointed by the governor in accordance with section 26-34: (1) Two nonprofit developers of affordable housing; (2) Two nonprofit homeless services providers; (3) One representative of Partners in Care; (4) One representative of Bridging the Gap Hawaii; and (5) Two individuals who are currently experiencing or have experienced homelessness within twenty-four months prior to invitation and appointment. (m) If exercising its authority under this section to establish a kauhale program, the authority shall submit reports to the legislature no later than twenty days prior to the convening of each regular session, beginning with the regular session of 2024. (n) The report submitted no later than twenty days prior to the convening of the regular session of 2024 shall include the following information: (1) A summary and explanation of the process that the authority engaged in to identify possible kauhale locations; and (2) A summary of the information required under subsection (k). (o) The reports submitted no later than twenty days prior to the convening of each regular session following the regular session of 2024 shall include the following information: (1) Any milestones that were met by the authority and by any kauhale established during the fiscal year; (2) An evaluation of the kauhale to determine whether the objectives set have been met or exceeded; and (3) An assessment of the impact of the kauhale model on the homelessness problem in the State. (p) The authority shall consult with the department of human services and department of health to administer the kauhale program pursuant to this section; provided that the homeless programs office of the department of human services shall administer kauhale operations, including the provision of supportive services under the kauhale program. (q) As used in this section, "kauhale" means individual or shared housing units and support services for homeless individuals and families who meet the definition of "chronically homeless", as defined by the United States Department of Housing and Urban Development. The term includes housing typically found in urban environments, such as single room occupancy buildings, dormitory-style buildings, and multi-unit buildings." PART III SECTION 3. All low-income rental units, tiny home villages, and kauhale built pursuant to the governor's 2015 and 2018 proclamations on homelessness shall be exempt from the following provisions of the Hawaii Revised Statutes; provided that the permanent housing created under the governor's proclamations on homelessness shall be safe, sanitary, and suitable for human habitation: (1) Chapter 6E, historic preservation; (2) Section 37-41, appropriations to revert to state treasury; (3) Section 37-74(d), program execution, except for sections 37-74(d)(2) and 37-74(d)(3), and any transfers or changes shall be considered authorized transfers or changes for purposes of section 34‑74(d)(1) for legislative reporting requirements; (4) Section 40-66, lapsing of appropriations; (5) Chapter 46, county organization and administration, to the extent that any county ordinance, rule, regulation, or provision that applies to any county permitting, licensing, zoning, variance, processes, procedures, or fees, or any other county requirements, hinder, delay, or impede the purposes of this Act; (6) Chapter 76, civil service; (7) Chapter 89, collective bargaining in public employment; (8) Chapter 89C, public officers and employees excluded from collective bargaining; (9) Chapter 92, public agency meetings and records, to the extent that any notice requirements or any other provisions of chapter 92 may delay the expeditious action, decision, or approval of any agency; (10) Section 102-2, contracts for concessions in government buildings; bid requirements; (11) Section 103-2, general fund; (12) Section 103-53, contracts with the State or counties; tax clearances, assignments; (13) Section 103-55, wages, hours, and working conditions of employees of contractors performing services; (14) Chapter 103D, Hawaii public procurement code; (15) Chapter 103F, purchases of health and human services; (16) Chapter 104, wages and hours of employees on public works; (17) Sections 105-1 to 105-10, use of government motor vehicles, limitations; (18) Section 127A-30, rental or sale of essential commodities during a state of emergency; prohibition against price increases; (19) Chapter 171, public lands; (20) Chapter 205, land use commission; (21) Chapter 205A, coastal zone management; (22) Chapter 206E, Hawaii community development authority; (23) Chapter 343, environmental impact statements; (24) Chapter 346, social services; (25) Section 464-4, public works required to be supervised by certain professionals; and (26) Sections 601-1.5, 708-817, 708-818, 708-820, 708‑830.5, and 708-840, 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. PART IV SECTION 4. The governor may by executive order identify and transfer to the Hawaii public housing authority suitable lands upon which the authority may construct kauhale in accordance with section 356D‑ , Hawaii Revised Statutes. PART V SECTION 5. There is appropriated out of the general revenues of the State of Hawaii the sum of $ or so much thereof as may be necessary for fiscal year 2023-2024 and the same sum or so much thereof as may be necessary for fiscal year 2024-2025 to establish and administer the kauhale program authorized under part II of this Act. The sums appropriated shall be expended by the Hawaii public housing authority for the purposes of this Act. SECTION 6. New statutory material is underscored. SECTION 7. This Act shall take effect on July 1, 2023. INTRODUCED BY: _____________________________ |
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