Bill Text: HI SB2628 | 2018 | Regular Session | Introduced

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Bill Title: Relating To Homelessness.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2018-01-24 - Referred to GVO/HOU/HMS/WTL, WAM/JDC. [SB2628 Detail]

Download: Hawaii-2018-SB2628-Introduced.html

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THE SENATE	S.B. NO.	2628
TWENTY-NINTH LEGISLATURE, 2018
STATE OF HAWAII

A BILL FOR AN ACT

 

 

relating to homelessness.

 

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 

PART I

     SECTION 1.  The legislature finds that chronic, unsheltered, nomadic homelessness is a humanitarian disaster that endangers public health and safety.  The legislature recognizes that multiple national studies show that Housing First programs are enormously effective, mostly because the stability of a permanent home, combined with supportive services and treatment, fosters recovery from addiction, mental illness, and other afflictions.

     The legislature also finds that for many years, the State used homeless shelters and transitional group homes as an interim measure, while attempting to place as many homeless persons as possible into subsidized rentals and traditionally‑constructed apartments under a Housing First paradigm.  Unfortunately, economic constraints, construction delays, and landlords' resistance to homeless tenants have made the supply of subsidized rentals and traditionally-constructed housing inadequate.  Moreover, many persons who are mentally ill or who struggle with substance abuse cannot live in close quarters with others in a shelter or group home, and thus continue to live unsheltered.

     The legislature notes that technical innovations now make it possible to build enough dwellings for every homeless person in Hawaii at a lower cost than the State spends on the ancillary costs of unsheltered, nomadic homelessness.  The legislature believes that the best way to achieve this on a scale large enough to end homelessness is to incorporate alternatively constructed homes into villages using Housing First practices.  The legislature further finds that there is sufficient unutilized or under-utilized state land suitable for the construction of homeless villages.

     Accordingly, the purpose of this Act, which shall be known as the "Puuhonua Homeless Villages Act", is to make certain parcels of state land available for establishing puuhonua homeless villages under a Housing First paradigm with an aggregate total of eight thousand units.

     SECTION 2.  Within one year after the effective date of this Act, the governor shall take all steps and engage in all actions necessary to make available not less than an aggregate total of one hundred sixty acres of state land to be distributed as needed among all the counties in the State for the purpose of providing housing and supportive services to homeless persons.  Where practical, the governor shall endeavor to choose parcels of land that do not interfere with the continuity of existing residential, commercial, retail, and tourist areas.

     SECTION 3.  (a)  There is established within the department of human services a puuhonua homeless villages program that provides housing and supportive services to homeless persons under a Housing First paradigm.  The department shall operate the program in a manner reasonably consistent with the following requirements:

     (1)  The department shall construct no less than eight thousand homes, which shall be completed no later than two years after the effective date of this Act, or two years after the date the governor makes the land available to the department for the puuhonua homeless villages program, whichever occurs later;

     (2)  The cost to the department to construct each home shall not exceed $15,000 per home;

     (3)  Each home shall contain at least three hundred square feet of living space, have electricity with lighting, and have no less than eight standard electrical outlets;

     (4)  Homes shall be private dwellings for homeless individuals and families; provided that homeless persons who are not related shall not be required to share a home;

     (5)  Applicable housing, utilities, and supportive services shall:

          (A)  Be provided free of charge for homeless individuals or families with no income;

          (B)  Not exceed, in total costs charged to an individual, twenty per cent of the gross income for a homeless individual with income; and

          (C)  Not exceed, in total costs charged to a family, twenty per cent of the combined gross income for a homeless family with income, less $100 per month for each dependent family member that resides in the home;

          provided that the department may adjust these amounts for inflation;

     (6)  To facilitate proper management and delivery of supportive services, each village shall be no less than two acres in size and contain no more than one hundred homes;

     (7)  Each village shall have a community center for residents, which shall include:

          (A)  A reasonable number of communal showers;

          (B)  Bathrooms;

          (C)  A kitchen;

          (D)  Lockers for residents' valuables;

          (E)  Mailboxes for incoming mail; and

          (F)  A multipurpose room for residential meetings and supportive services;

     (8)  The department shall make reasonable efforts to complete each community center at a cost of $100,000 or less;

     (9)  Each village shall have systems to dispose of trash and other waste; and

    (10)  Each village shall allow residents to keep and have pets, if practical.

     (b)  The department shall establish rules for residents of the villages that are reasonably consistent with what are commonly known as Housing First practices.  To the extent practicable, the rules shall allow residents to participate in self-government.

     (c)  The department may designate some villages to exclusively or non-exclusively accommodate certain sub-populations of the homeless community, including but not limited to:

     (1)  Severely mentally ill persons;

     (2)  Persons addicted to drugs or alcohol; or

     (3)  Persons who are prone to violence.

     (d)  The department shall adopt rules pursuant to chapter 91, Hawaii Revised Statutes, as well as policies and procedures, for the purpose of qualifying applicants for residency under the puuhonua homeless villages program.  Qualification rules, policies, and procedures shall be consistent with the rules, policies, and procedures of the United States Department of Housing and Urban Development's Coordinated Entry System.  To the extent practicable, the department shall ensure that procedures for residency qualification under the program provide for rapid admission and use the least restrictive standards practicable.

     (e)  The department shall collaborate with appropriate departmental personnel and state and county law enforcement agencies to provide security for the puuhonua homeless villages program.

     (f)  The department shall work with appropriate agencies to ensure that residents have reasonable access to public transportation.

     SECTION 4.  (a)  Notwithstanding any other law to the contrary, and in lieu of compliance with county building approval procedures pertaining to health, habitability, planning and zoning, or with safety standards, procedures, and laws, the State may adopt reasonable standards and procedures to ensure health and safety for the design, site development, and operation of homeless dwellings and facilities and the structures and facilities within the puuhonua villages, established under this Act, to the extent that strict compliance with county standards or other laws would not materially improve health and safety but would in any way prevent, hinder, or delay construction of dwellings and facilities contemplated under this Act.

     (b)  The State shall not be subject to county permitting fees for the site development or operation of homeless dwellings and facilities as contemplated under this Act.

     SECTION 5.  There is appropriated out of the general revenues of the State of Hawaii the sum of $190,000,000 or so much thereof as may be necessary for fiscal year 2018-2019 to establish the puuhonua homeless villages program and construct homes and physical infrastructure as required by section 3 of this Act.

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

     SECTION 6.  There is appropriated out of the general revenues of the State of Hawaii the sum of $208,000,000 or so much thereof as may be necessary for fiscal year 2018-2019 for the management, maintenance, and day-to-day operations of puuhonua homeless villages established under section 3 of this Act.

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

PART II

     SECTION 7.  Chapter 662, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

     "§662-     Immunity from liability for provision of housing or services to homeless persons.  An employee of the State who provides housing or services to a homeless person shall be immune from civil liability in any action based upon the acts or omissions of the employee; provided that the employee was acting in good faith and within the scope of the employee's functions and duties as an employee of the State."

     SECTION 8.  Chapter 662D, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

     "§662D-     Immunity from liability for provision of housing or services to homeless persons.  A volunteer who provides housing or services to a homeless person on behalf of the State shall be immune from civil liability in any action based upon the acts or omissions of the volunteer; provided that the volunteer was acting in good faith and within the scope of the volunteer's official functions and duties with the State."

     SECTION 9.  Section 662-15, Hawaii Revised Statutes, is amended to read as follows:

     "§662-15  Exceptions.  This chapter shall not apply to:

     (1)  Any claim based upon an act or omission of an employee of the State, exercising due care, in the execution of a statute or regulation, whether or not such statute or regulation is valid, or based upon the exercise or performance or the failure to exercise or perform a discretionary function or duty on the part of a state officer or employee, whether or not the discretion involved has been abused;

     (2)  Any claim arising in respect of the assessment or collection of any tax, or the detention of any goods or merchandise by law enforcement officers;

     (3)  Any claim for which a remedy is provided elsewhere in the laws of the State;

     (4)  Any claim arising out of assault, battery, false imprisonment, false arrest, malicious prosecution, abuse of process, libel, slander, misrepresentation, deceit, or interference with contract rights;

     (5)  Any claim arising out of the combatant activities of the Hawaii National Guard and Hawaii state defense force during time of war, or during the times the Hawaii National Guard is engaged in federal service pursuant to section 316, 502, 503, 504, 505, or 709 of title 32 of the United States Code;

     (6)  Any claim arising in a foreign country; [or]

     (7)  Any claim arising out of the acts or omissions of any boating enforcement officer[.]; or

     (8)  Any claim arising out of the acts or omissions of a volunteer acting on behalf of the State or an employee of the State acting within the scope of the employee's employment who provides housing or services to a homeless person, or based upon the exercise or performance or the failure to exercise or perform a discretionary function or duty, whether or not the discretion involved has been abused."

PART III

     SECTION 10.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 11.  This Act shall take effect on July 1, 2018.

 

INTRODUCED BY:	_____________________________

 

 

Report Title:

Homelessness; Governor; DHS; Puuhonua Homeless Villages Program; Appropriation

 

Description:

Establishes within the Department of Human Services a Puuhonua Homeless Villages program.  Requires the Governor to secure state lands for the program, to be distributed as needed among the counties.  Allows the State to adopt reasonable standards and procedures in lieu of compliance with certain county building approval procedures.  Exempts the State from claims arising out of the provision of housing or services to homeless persons.  Provides immunity from civil liability to volunteers and state employees who provide housing or services to homeless persons.  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.