HOUSE OF REPRESENTATIVES

H.B. NO.

2014

TWENTY-NINTH LEGISLATURE, 2018

H.D. 1

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

RELATING TO HOMELESSNESS.

 

 

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

 


     SECTION 1.  For many years, the State has used homeless shelters and transitional group homes as an interim measure while attempting to place as many persons experiencing homelessness as possible into subsidized rentals and traditionally-constructed apartments.  Economic constraints, construction delays, and landlords' resistance to homeless tenants have made the supply of subsidized rentals and traditionally-constructed housing inadequate to meet the demand by persons experiencing homelessness.  In addition, many persons who struggle with mental illness or substance abuse are forced to live unsheltered because they cannot reside in close quarters with others in a shelter or group home.

     However, recent technical innovations have made it possible to build enough dwellings for every homeless person in Hawaii at a lower cost than what the State spends on the ancillary costs for unsheltered and nomadic homeless persons.  These innovations will allow the State to place more individuals experiencing homelessness into housing more expeditiously and in accordance with housing first principles.

     Multiple national studies show that housing first programs are enormously effective, mostly because the programs combine the stability of a permanent home with supportive services and treatment.  As a result, housing first programs also foster recovery from addiction, mental illness, and other afflictions of homeless persons.

     The legislature finds that chronic, unsheltered, nomadic homelessness is a humanitarian disaster endangering public health and safety.  The legislature also finds that there is sufficient under- or unutilized state land suitable for the construction of homeless villages.  The legislature further finds that the use of current technology to build homeless villages on state land will allow the State to create housing and implement housing first principles on a scale large enough to greatly reduce if not end homelessness in Hawaii.

     The purpose of this Act is to increase efforts to reduce homelessness by identifying certain parcels of state land for the purpose of establishing homeless villages that will provide approximately eight thousand units for individuals experiencing homelessness; providing assessments, services, and referral services for individuals within the homeless villages under a housing first paradigm; and providing government employees and volunteers with immunity for injuries and damages resulting from the provision of services to individuals experiencing homelessness.

     SECTION 2.  This Act shall be known as the Puuhonua homeless villages act.

     SECTION 3.  (a)  The governor shall take all steps and engage in all actions necessary to identify parcels of land for the purpose of providing housing and supportive services to homeless persons.

     (b)  The governor shall submit a report to the legislature no later than twenty days prior to the convening of every regular session on the progress made in acquiring the parcels of state land specified in subsection (a) until all required parcels of land have been acquired for the purposes of this Act.

     SECTION 4.  (a)  There is established within the department of human services a Puuhonua homeless villages program.  The program shall provide housing and supportive services to individuals experiencing homelessness under a housing first paradigm.  A minimum of eight thousand homes shall be completed within two years after the effective date of this Act or two years after the date the governor makes the land available for the Puuhonua homeless villages program, whichever occurs later.

     (b)  Each homeless village shall:

     (1) Be a minimum of two acres in size and contain no more than one hundred homes;

     (2)  Have a community center, which the department shall make reasonable efforts to complete at a cost of $100,000 for each community center, that includes:

          (A)  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; and

     (3)  Have systems to dispose of trash and other waste.

     (c)  Each home within the homeless village shall adhere to the following requirements:

     (1)  The construction cost for each home shall not exceed $15,000;

     (2)  Each home shall have at least three hundred square feet of living space, electricity with lighting, and a minimum of eight standard electrical outlets; and

     (3)  Each home shall be a private dwelling for an individual or family experiencing homelessness; provided that individuals who are unrelated shall not be required to share a home.

     (d)  Individuals or families experiencing homelessness shall be charged the cost of rent, utilities, and supportive services as follows:

     (1)  Individuals and families experiencing homelessness that have no income shall not be charged;

     (2)  Individuals who have income but are experiencing homelessness shall not be charged more than twenty per cent of the individual's gross monthly income; and

     (3)  Families that have income but are experiencing homelessness shall not be charged more than twenty per cent of the family's aggregate monthly 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.

     (e)  The department of human services shall:

     (1)  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; provided that:

     (A)  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;

     (B)  Qualification procedures provide for rapid admission, to the extent possible; and

     (C)  Qualification procedures use the least restrictive standards practicable;

(2)  Establish rules for residents of the homeless villages that shall be reasonably consistent with housing first principles and shall make reasonable efforts to allow residents to participate in self-government;

     (3)  Collaborate with appropriate departmental personnel and state and county law enforcement agencies to provide security for the Puuhonua homeless villages program; and

     (4)  Work with appropriate agencies to ensure that residents have reasonable access to public transportation.

     (f)  All state and county permitting and construction fees shall be waived for the homes and homeless village structures constructed pursuant to this Act.

     SECTION 5.  Chapter 662, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

     "§662-    Limited liability for providing services to individuals experiencing homelessness.  No public entity or public employee shall be liable to any person for injury or damage caused by a public employee providing services to individuals experiencing homelessness; 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 6.  Chapter 662D, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

     "§662D-    Limited liability for volunteers for the government entity providing services to individuals experiencing homelessness.  (a)  No volunteer for a governmental entity shall be liable to any person for injury or damage caused by a volunteer providing services to individuals experiencing homelessness; provided that the volunteer was acting in good faith and within the scope of the volunteer's functions and duties.

     (b)  No nonprofit organization or nonprofit corporation that provides volunteers to a governmental entity providing services to individuals experiencing homelessness shall be liable to any person for injury or damage caused by the volunteer; provided that the volunteer was acting in good faith and within the scope of the volunteer's functions and duties."

     SECTION 7.  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 infrastructure as required by this Act.

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

     SECTION 8.  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 as required by this Act.

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

     SECTION 9.  This Act shall take effect on July 1, 3000.



 


 

Report Title:

Puuhonua Homeless Villages Program; Appropriation; Homelessness; Department of Human Services; Government Liability; Immunity

 

Description:

Requires the Governor to identify available state land for the establishment of a homelessness village and establishes the Puuhonua Homeless Villages program.  Provides limitation on liability for government entity and volunteers providing services.  Makes an appropriation.  (HB2014 HD1)

 

 

 

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