HB1648 HD1

SECTION 1. The legislature finds that homelessness in Hawaii is a long-term problem. The legislature acknowledges that homelessness requires greater collaboration and coordination among diverse government entities, businesses, nonprofits, and faith-based organizations. In pursuit of this goal, the legislature enacted Act 105, Session Laws of Hawaii 2012 (Act 105). Act 105, in part, formally established the Hawaii interagency council on homelessness, which had been temporarily created through Executive Order No. 11-21. Act 105 allowed the council to continue identifying critical strategic goals and initiatives that would mitigate homelessness while ensuring that persons experiencing homelessness could obtain permanent housing and become reintegrated into the community. As one of its statutory duties, on September 10, 2012, the council adopted a ten-year plan. At that time, the point-in-time count, or the annual one-day unduplicated count of sheltered and unsheltered individuals and families experiencing homelessness in the State, totaled 7,921 statewide. Eight years later, in 2020, the point-in-time count totaled 6,458.

While the Hawaii interagency council on homelessness has a ten-year plan, the legislature further finds that the State lacks a long-term commitment to prevent, reduce, and end homelessness. The legislature finds that various state agencies and programs that address homelessness have been built up on a piecemeal basis and have approached homelessness in a similar manner. There is no central agency tasked to find solutions to homelessness by reduction and prevention through the coordination of effort between state and local government agencies and private entities.

The legislature recognizes that year-to-year funding, rather than consistent funding in the base budget, creates uncertainty for the staff of a program. For example, in 2019, the legislature enacted Act 81, Session Laws of Hawaii 2019, which appointed the governor's coordinator on homelessness to administer and enforce the duties and responsibilities of the council. The coordinator is currently funded as a special project under the department of human services, while the coordinator's full-time staff of five are not permanent employees. In addition, year-to-year funding among agencies and providers for homeless services threatens already potentially sporadic and fragmented services, instead of providing consistent support that will help permanently house persons experiencing homelessness in the State.

Accordingly, the purpose of this Act is to:

(1) Establish the office on homelessness and housing solutions within the department of human services;

(2) Establish the homelessness and housing solutions special fund; and

(3) Appropriate funds for the administration of the office of homelessness and housing solutions.

SECTION 2. Chapter 346, Hawaii Revised Statutes, is amended by adding a new part to be appropriately designated and to read as follows:

"Part .

oFFICE ON HOMELESSNESS AND HOUSING SOLUTIONS

§ -1 Definitions. As used in this part, unless the context clearly indicates otherwise:

"Coordinator" means the governor's coordinator on homelessness as provided in section 346-381.5.

"Fund" means the homelessness and housing solutions special fund.

"Office" means the office on homelessness and housing solutions.

§ -2 Office on homelessness and housing solutions; establishment. There is established within the department of human services, for administrative purposes only, an office on homelessness and housing solutions that shall:

(1) Work with state, county, and nonprofit agencies to develop solutions that prevent and end homelessness through transitional and permanent housing and supportive or assisted services, or both; and

(2) Develop and test innovative solutions to prevent and end homelessness.

§ -3 Administration. (a) The office on homelessness and housing solutions shall be headed by the governor's coordinator on homelessness, appointed pursuant to section 346-381.5, for the proper administration and enforcement of this part.

(b) The coordinator shall report directly to the governor and hire staff as may be necessary.

§ -4 Duties and responsibilities. The office shall:

(1) Identify and address system gaps by:

(A) Developing and implementing homelessness and supportive housing strategies, including but not limited to homeless shelters and mental health and substance abuse treatment facilities;

(B) Developing a standard strategy for coordinated entry, needs assessment, and allocation of services and housing types to create pathways to permanent assisted and independent housing;

(C) Working with state departments and agencies to develop and maintain multi-year strategic and tactical plans and road maps as a part of the Hawaii interagency council on homelessness' ten-year statewide plan;

(D) Coordinating matters relating to homelessness and affordable housing between state and county agencies and private entities; and

(E) Developing and testing innovative solutions to prevent and end homelessness through collaboration with appropriate agencies;

(2) Provide administrative support for the Hawaii interagency council on homelessness to develop its unified ten-year statewide plan to address homelessness in all counties of the State; and

(3) Establish and maintain a statewide homelessness and shelter and housing data clearinghouse, which may include information on persons experiencing homelessness, and available services, shelters, and housing.

§ -5 Annual report. The coordinator shall submit an annual progress report to the legislature no later than twenty days prior to the convening of each regular session. The report shall also include:

(1) Performance metrics relating to reducing the numbers on homelessness;

(2) Performance metrics relating to housing and services inventory gaps, including but not limited to the number of persons experiencing homelessness served and placed into permanent housing and the cost per person served;

(3) Performance metrics to evaluate the State's performance on homeless services, housing, care coordination, and other needed services to end homelessness; and

(4) An inventory of available vacant land provided by state agencies that administer public lands.

§ -6 Homelessness and housing solutions special fund. (a) There is established in the state treasury the homelessness and housing solutions special fund, into which shall be deposited:

(1) Appropriations by the legislature to the special fund; and

(2) Gifts, donations, and grants from public agencies and private persons.

Each county may provide matching funds, which shall be deposited into the special fund.

(b) All interest earned or accrued on moneys deposited in the special fund shall become part of the special fund.

(1) Expand tested solutions aimed to end homelessness, such as the homeless outreach and navigation for unsheltered persons program, ohana zones, law enforcement assisted diversion, and community outreach courts;

(2) Provide financial assistance, in accordance with chapters 42F and 103F, to public and private agencies involved in homelessness and housing solutions other than those covered by this section;

(3) Test, develop, and assess innovative housing solutions; and

(4) Cover administrative and operational costs of the office."

SECTION 3. Section 36-27, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

"(a) Except as provided in this section, and notwithstanding any other law to the contrary, from time to time, the director of finance, for the purpose of defraying the prorated estimate of central service expenses of government in relation to all special funds, except the:

(1) Special out-of-school time instructional program fund under section 302A-1310;

(2) School cafeteria special funds of the department of education;

(3) Special funds of the University of Hawaii;

(4) Convention center enterprise special fund under section 201B-8;

(5) Special funds established by section 206E-6;

(6) Aloha Tower fund created by section 206J-17;

(7) Funds of the employees' retirement system created by section 88-109;

(8) Hawaii hurricane relief fund established under chapter 431P;

(9) Hawaii health systems corporation special funds and the subaccounts of its regional system boards;

(10) Universal service fund established under section 269-42;

(11) Emergency and budget reserve fund under section 328L-3;

(12) Public schools special fees and charges fund under section 302A-1130;

(13) Sport fish special fund under section 187A-9.5;

(14) Neurotrauma special fund under section 321H-4;

(15) Glass advance disposal fee established by section 342G-82;

(16) Center for nursing special fund under section 304A-2163;

(17) Passenger facility charge special fund established by section 261-5.5;

(18) Solicitation of funds for charitable purposes special fund established by section 467B-15;

(19) Land conservation fund established by section 173A-5;

(20) Court interpreting services revolving fund under section 607-1.5;

(21) Trauma system special fund under section 321‑22.5;

(22) Hawaii cancer research special fund;

(23) Community health centers special fund;

(24) Emergency medical services special fund;

(25) Rental motor vehicle customer facility charge special fund established under section 261-5.6;

(26) Shared services technology special fund under section 27-43;

(27) Automated victim information and notification system special fund established under section 353-136;

(28) Deposit beverage container deposit special fund under section 342G-104;

(29) Hospital sustainability program special fund under section 346G-4;

(30) Nursing facility sustainability program special fund under section 346F-4;

(31) Hawaii 3R's school improvement fund under section 302A-1502.4;

(32) After-school plus program revolving fund under section 302A-1149.5;

(33) Civil monetary penalty special fund under section 321-30.2; [~~and~~]

[[](34)[]] Stadium development special fund under section 109‑3.5[,]; and

(35) Homelessness and housing solutions special fund under section 346- ,

shall deduct five per cent of all receipts of all other special funds, which deduction shall be transferred to the general fund of the State and become general realizations of the State. All officers of the State and other persons having power to allocate or disburse any special funds shall cooperate with the director in effecting these transfers. To determine the proper revenue base upon which the central service assessment is to be calculated, the director shall adopt rules pursuant to chapter 91 for the purpose of suspending or limiting the application of the central service assessment of any fund. No later than twenty days prior to the convening of each regular session of the legislature, the director shall report all central service assessments made during the preceding fiscal year."

SECTION 4. Section 36-30, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

"(a) Each special fund, except the:

(1) Special out-of-school time instructional program fund under section 302A-1310;

(2) School cafeteria special funds of the department of education;

(3) Special funds of the University of Hawaii;

(4) Special funds established by section 206E-6;

(5) Aloha Tower fund created by section 206J-17;

(6) Funds of the employees' retirement system created by section 88-109;

(7) Hawaii hurricane relief fund established under chapter 431P;

(8) Convention center enterprise special fund established under section 201B-8;

(9) Hawaii health systems corporation special funds and the subaccounts of its regional system boards;

(10) Universal service fund established under section 269-42;

(11) Emergency and budget reserve fund under section 328L-3;

(12) Public schools special fees and charges fund under section 302A-1130;

(13) Sport fish special fund under section 187A-9.5;

(14) Neurotrauma special fund under section 321H-4;

(15) Center for nursing special fund under section 304A-2163;

(16) Passenger facility charge special fund established by section 261-5.5;

(17) Court interpreting services revolving fund under section 607-1.5;

(18) Trauma system special fund under section 321‑22.5;

(19) Hawaii cancer research special fund;

(20) Community health centers special fund;

(21) Emergency medical services special fund;

(22) Rental motor vehicle customer facility charge special fund established under section 261-5.6;

(23) Shared services technology special fund under section 27-43;

(24) Nursing facility sustainability program special fund established pursuant to section 346F-4;

(25) Automated victim information and notification system special fund established under section 353-136;

(26) Hospital sustainability program special fund under section 346G-4;

(27) Civil monetary penalty special fund under section 321-30.2; [~~and~~]

[[](28)[]] Stadium development special fund under section 109‑3.5[,]; and

(29) Homelessness and housing solutions special fund under section 346- ,

shall be responsible for its pro rata share of the administrative expenses incurred by the department responsible for the operations supported by the special fund concerned."

SECTION 5. 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 be deposited into the homelessness and housing solutions special fund.

SECTION 6. There is appropriated out of the homelessness and housing solutions special fund the sum of $ or so much thereof as may be necessary for fiscal year 2022-2023 for the administration of the office of homelessness and housing solutions, including full-time equivalent ( FTE) positions.

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

SECTION 7. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 8. This Act shall take effect on July 1, 2050.

HOUSE OF REPRESENTATIVES	H.B. NO.	1648
THIRTY-FIRST LEGISLATURE, 2022		H.D. 1
STATE OF HAWAII