SB2854 SD1

SECTION 1. The legislature finds that there is a need to encourage collaborative intergovernmental approaches to addressing the challenges of homelessness, including ensuring the health and safety of residents on state- and federally-owned lands, such as those managed by the United States Army Garrison Hawaii. Debris left behind by vacated homeless encampments poses potential environmental and public health hazards, including an increased risk of wildfires. Additionally, active encampments in high-risk fire zones present a further threat to the encampment's residents and surrounding communities.

The purpose of this Act is to establish an intergovernmental homelessness task force within the department of transportation to identify and clean up vacated encampments located on land managed by the United States Army Garrison Hawaii.

SECTION 2. The Hawaii Revised Statutes is amended by adding a new chapter to be appropriately designated and to read as follows:

"Chapter

intergovernmental agreements on VACATED ENCAMPMENT CLEAN UPS

§ -1 Definitions. For the purposes of this chapter:

"Homeless services provider agency" means a non-profit or governmental organization that provides services and support to individuals experiencing homelessness in a specific region.

"State agency" means any department, division, board, commission, or other agency or entity of the State as established by law.

"Vacated encampment" means a homeless encampment that has been abandoned for a period of time as determined by the United States Army Garrison Hawaii in consultation with the relevant homeless services provider agency.

§ -2 Task force; established. (a) There is established a vacated encampment clean up task force within the department of transportation, which shall identify the potential entities that may enter into intergovernmental agreements to coordinate the clean up of vacated encampments located on lands managed by the United States Army Garrison Hawaii.

(b) The task force shall be chaired by the homelessness coordinator for the department of transportation who shall determine the members of the task force. In determining task force members, the chair shall consider inviting the following members or their designees:

(1) The chairperson of the board of land and natural resources;

(2) A representative from the United States Army Garrison Hawaii;

(3) The governor's coordinator on homelessness;

(4) A representative from a homeless services provider agency, to be appointed by the chair of the task force in consultation with the governor's coordinator on homelessness; and

(5) Any other members, including representatives from state agencies, stakeholders, or advocates, as recommended by the majority of the task force.

§ -3 Clean up activities; requirements. (a) The entities represented on the task force shall enter into intergovernmental agreements to coordinate clean up activities, including entering into any cost-sharing arrangements necessary with the United States Army Garrison Hawaii to conduct clean up activities, at vacated encampments located on land managed by the United States Army Garrison Hawaii.

(b) When conducting clean up activities, the United States Army Garrison Hawaii shall notify the state agency with the closest jurisdiction to the United States Army Garrison Hawaii land and any elected officials representing the district in which the land is located within forty-eight hours of identifying a vacated encampment on its property.

(c) Clean up activities shall only be initiated on encampments confirmed to be vacated and shall prioritize the removal of biohazards, hazardous materials, and items posing immediate public health or safety risks, including materials that could be a fire hazard.

(d) Clean up activities shall only commence after the United States Army Garrison Hawaii, in consultation with the representative of the homeless services provider agency, has determined that an appropriate period of vacancy has elapsed.

§ -4 Vacated encampments; period of vacancy; determination. The United States Army Garrison Hawaii, in consultation with the relevant homeless services provider agency, shall consider the following factors when determining if an appropriate period of vacancy has elapsed for an encampment to be deemed a vacated encampment:

(1) Public health risks;

(2) Environmental concerns;

(3) Potential for reoccupation; and

(4) Availability of alternative housing options for individuals previously occupying the encampment."

SECTION 3. There is appropriated out of the general revenues of the State of Hawaii the sum of $5,000,000 or so much thereof as may be necessary for fiscal year 2024-2025 for the purposes of this Act.

The sum appropriated shall be expended by the department of land and natural resources for the purposes of this Act.

SECTION 4. There is appropriated out of the general revenues of the State of Hawaii the sum of $5,000,000 or so much thereof as may be necessary for fiscal year 2024-2025 for the purposes of this Act.

The sum appropriated shall be expended by the department of transportation for the purposes of this Act.

SECTION 5. In accordance with section 9 of article VII of the Hawaii State Constitution and sections 37‑91 and 37‑93, Hawaii Revised Statutes, the legislature has determined that the appropriations contained in H.B. No. , will cause the state general fund expenditure ceiling for fiscal year 2024‑2025 to be exceeded by $ or per cent. In addition, the appropriations contained in this Act will cause the general fund expenditure ceiling for fiscal year 2024‑2025 to be further exceeded by $10,000,000 or per cent. The combined total amount of general fund appropriations contained in only these two Acts will cause the state general fund expenditure ceiling for fiscal year 2024‑2025 to be exceeded by $ or per cent. The reasons for exceeding the general fund expenditure ceiling are that:

(1) The appropriations made in this Act are necessary to serve the public interest; and

(2) The appropriations made in this Act meet the needs addressed by this Act.

SECTION 6. This Act shall take effect on December 31, 2050.

THE SENATE	S.B. NO.	2854
THIRTY-SECOND LEGISLATURE, 2024		S.D. 1
STATE OF HAWAII