HB780

SECTION 1. The legislature finds that "kauhale" traditionally means a Hawaiian village and houses members of an ohana, whether related by blood or not, who treat each other as extended family. The concept of kauhale maximizes the sense of community by recognizing and celebrating an individual's skills, knowledge, and experiences with others.

The legislature further finds that this traditional housing model, which is grounded in Hawaiian culture and values, presents an opportunity to improve the lives of people experiencing homelessness. While significant strides have been made, current attempts to address homelessness in Hawaii remain insufficient. Hawaii continues to have the highest number of homeless individuals per capita of any state in the nation. According to point-in-time counts, the city and county of Honolulu, which has the highest number of homeless individuals in the State, saw the number of unsheltered homeless individuals rise from 2012 to 2017 and the number of people in shelters decline from 2013 to 2019, despite increased investment in shelters and enforcement.

The legislature also finds that the kauhale model has the potential to serve homeless individuals in a way that existing programs are currently unable, with the goal of improving the health and well-being of homeless individuals.

The purpose of this Act is to address homelessness in the State by requiring the office of the lieutenant governor to convene a working group to consider the feasibility of establishing and implementing a kauhale pilot program to provide shelter and other services to homeless individuals in the State.

SECTION 2. (a) The office of the lieutenant governor shall convene a working group to examine the feasibility of establishing and implementing a kauhale pilot program, as specified in section 3 of this Act, to provide shelter and other services to homeless individuals in the State. The feasibility study shall also examine management of the pilot program sites and exempting construction of the pilot program sites from county ordinances.

(b) The working group shall include the following individuals, or their respective designees:

(1) The governor's coordinator on homelessness;

(2) The lieutenant governor;

(3) The attorney general;

(4) Executive director of the office of housing and homelessness of the city and county of Honolulu;

(5) Executive director of the Hawaii public housing authority; and

(6) Executive director of the Hawaii housing finance and development corporation.

(c) The office of the lieutenant governor shall submit a report of the working group's findings and recommendations, including any proposed legislation, to the legislature no later than twenty days prior to the convening of the regular session of 2024.

(d) For purposes of this Act, "homeless" has the same meaning as in section 346-361, Hawaii Revised Statutes.

SECTION 3. (a) The working group established in section 2 of this Act shall examine the feasibility of a kauhale pilot program based on the criteria specified in this section.

(b) A kauhale shall:

(1) Consist of tiny homes priced at no more than $25,000 per unit;

(2) Have common areas that are designed to encourage community engagement among residents;

(3) Have shared facilities, including restrooms and kitchens, to reduce cost and infrastructure needs;

(4) Accept residents coping with substance abuse who are receiving treatment for substance abuse; and

(5) House residents that are chronically homeless, as defined by the United States Department of Housing and Urban Development.

(c) The Hawaii housing finance and development corporation and other appropriate agencies, including an agency with specific expertise in construction development and an agency with specific expertise in administering homeless services and housing services, shall develop and implement the kauhale pilot program. The lieutenant governor, through the designated agencies, shall determine the number and locations of a kauhale, which may be situated on public or private lands; provided that the agencies shall identify at least six potential sites on Oahu and at least one potential site on each of the islands of Hawaii, Kauai, and Maui. The agencies may coordinate with public or private entities, as appropriate, to develop and implement the kauhale pilot program; provided that if any public land under the jurisdiction of a state or county agency is determined to be suitable for use as a kauhale, the agencies shall:

(1) 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 whose mission is more suited to the management of a kauhale; and

(2) Work with the appropriate state or county agency that controls the land and its construction agency to ensure that infrastructure needs for a kauhale are met and to minimize adverse impacts to the environment, including to nearshore resources such as corals, reef fish, and seabirds.

(d) The kauhale pilot program may provide the following facilities and services at each kauhale:

(1) Secure dwelling spaces that:

(A) May be private or communal;

(B) Have access to toilets, showers, and other hygiene facilities; and

(2) Medical, dental, and social support services; and

(3) Transportation to appointments related to medical care, dental care, or supportive services that are not available at a kauhale.

(e) Contracts entered into to develop and implement the kauhale pilot program shall be exempt from the requirements of chapters 103D and 103F, Hawaii Revised Statutes, as well as all county ordinances, rules, regulations, laws, or provisions in any form that apply to any county permitting, licensing, zoning, variance, processes, procedures, fees, or any other requirements that hinder, delay, or impede the purpose of carrying out the kauhale pilot program.

(f) The agencies that will implement the kauhale pilot program shall establish the following:

(1) The criteria that the agencies will use to evaluate potential kauhale sites;

(2) A monthly timetable of milestones that the agencies expect to meet in establishing one or more kauhale over the course of the pilot program;

(3) Specific, measurable, attainable, reasonable, and time-based performance measures that the agencies expect to meet at the end of each fiscal year;

(4) The evaluation criteria and process that the agencies intend to use each year when reviewing the success and sustainability of a kauhale; and

(5) The monitoring and oversight controls that the agencies will have over a kauhale to identify, address, and prevent possible fraud, waste, and abuse, and ensure compliance with county, state, and federal laws.

SECTION 4. This Act shall take effect on July 1, 2023.

INTRODUCED BY:	_____________________________

HOUSE OF REPRESENTATIVES	H.B. NO.	780
THIRTY-SECOND LEGISLATURE, 2023
STATE OF HAWAII