THE SENATE |
S.B. NO. |
3018 |
THIRTY-FIRST LEGISLATURE, 2022 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
relating to homelessness.
BE IT
ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
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
to housing projects that use the difficult 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
a village-style affordable housing, or kauhale, that is less costly to construct
and operate. Expediting the creation of such
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 establish a kauhale
program under the Hawaii housing finance and development corporation to provide
housing and services to homeless individuals and families who meet the definition
of chronically homeless or are currently homeless.
SECTION 2. Chapter 201H, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:
"§201H- Kauhale
program; established. (a) There is established the kauhale program under
the corporation to provide individual or shared micro housing units and services
to homeless individuals and families who:
(1) Meet the definition
of chronically homeless, as defined by the United States Department of Housing and
Urban Development; or
(b) The corporation shall cooperate with any state
departments or agencies and private nonprofit organizations as needed to expedite
the development and operation of housing under the kauhale program, including agencies
with specific expertise in construction development and agencies with specific expertise
in administering homeless services. The corporation
shall construct kauhale
across the State, which shall be situated on public or private lands in
accordance with subsection (c); provided that the corporation 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 corporation 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 corporation 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 whose mission is more suited to the management
of housing individuals who meet the definition of chronically homeless persons;
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 to nearshore
resources such as corals, reef fish, and seabirds;
(2) Use of any
private lands determined to be suitable for use as a kauhale shall be for
limited purposes and require a written agreement between the private land owner; provided that the
private land owner 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, 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; provided that the
size of a unit in the kauhale shall not exceed five hundred square feet with livable
space not to exceed two hundred square feet but at least one hundred twenty square
feet of net interior for the purposes of keeping cost low;
(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, law, or provision that applies to
any county permitting, licensing, zoning, variance, processes, procedures,
fees, or any other requirements that 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 departments
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) Contracts, leases, or agreements of sale
entered into by the corporation pursuant to the kauhale program shall be exempt
from the requirements of chapters 103D, 103F, and 104 and any county codes related
to procurement.
(g) The corporation may employ persons for the kauhale
program who are exempt from chapters 89 and 89C.
(h) Any appropriations by the legislature for the kauhale
program shall be exempt from sections 37-41, 37-74(d)(1), and section 40-66; provided
that any transfers or changes pursuant to section 37-74(d) shall be considered authorized
transfers or changes for purposes of section 34-74(d)(1).
(i) Any meetings by the corporation regarding the kauhale
program shall be exempt from the requirements of chapter 92, to the extent that
any notice requirements or any other provisions of chapter 92 may delay the expeditious
action, decision, or approval of the corporation for the purposes of this section.
(j) 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) Define 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.
(k) Projects shall be exempt from the land use requirements
under 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.
(l) Projects under the kauhale program shall be exempt
from chapter 343 if the developer of the project, prior to its development, commissions
a phase I environmental site assessment by a licensed environmental professional
and the assessment finds no recognized environmental conditions or identifies recognized
environmental conditions, to be remediated prior to development.
(m) The kauhale program shall be exempt from the requirements
of chapters 171, 205A, 206E, and 346, and sections 102-2, 103-2, 103-53, 103-55,
105-1 to 105-10, and 464-4.
(n)
The corporation shall establish the following:
(1) The criteria
that the corporation will use to evaluate potential kauhale locations;
(2) A monthly
timetable of milestones that the corporation expects to meet in establishing the
kauhale;
(3) The specific,
measurable, attainable, reasonable, and time-based performance measures that
the corporation expects to meet at the end of each fiscal year;
(4) The evaluation
criteria and process that the corporation intends to use each year when reviewing
the success and sustainability of the kauhale; and
(5) The monitoring
and oversight controls that the corporation will have over the kauhale to
identify, address, and prevent possible fraud, waste, and abuse and ensure
compliance with federal, state, and local laws.
(o) There is established a community
advisory committee for the kauhale program to advise and assist the corporation,
which shall comprise the following members appointed by the governor in the manner
provided in section 26-34:
(1) Two
nonprofit developers of affordable housing;
(2) Two
nonprofit homeless services providers; and
(3) Two
individuals who are currently experiencing or have experienced homelessness within
twenty-four months prior to appointment.
(p)
The corporation 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 2023.
(q)
The report submitted no later than twenty days prior to the convening of
the regular session of 2023 shall include the following information:
(1) A summary and
explanation of the process that the corporation engaged in to identify possible
kauhale locations; and
(2) A summary of
the information required under subsection (n).
(r)
The reports submitted no later than twenty days prior to the convening
of each regular session following the regular session of 2023 shall include the
following information:
(1) The milestones
established pursuant to subsection (n) that were met by the corporation and kauhale
established during the fiscal year;
(2) An evaluation
of the kauhale 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 the kauhale program goals; and
(4) An assessment of
the impact of the kauhale model on the homelessness problem in the State.
(s) As used in this section, "kauhale" means individual or shared micro housing units and 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."
SECTION 3. 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 2022-2023 to establish and administer the kauhale program pursuant to this Act.
The sum appropriated shall be expended by the Hawaii housing development corporation.
SECTION 4. New statutory material is underscored.
SECTION 5. This Act shall take effect upon its approval; provided that section 2 shall take effect on July 1, 2022.
INTRODUCED BY: |
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Report Title:
Homelessness; Housing; Services; Kauhale Program; Hawaii Housing Finance and Development Corporation; Chronically Homeless; Appropriation
Description:
Requires the Hawaii housing finance and development corporation to establish the kauhale program to provide individual or shared micro housing units and services to homeless individuals and families who meet the definition of chronically homeless or are currently homeless. Requires reports to the legislature. Appropriates funds.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.