HB 1140: RELATING TO HOMELESS ENCAMPMENTS ON DEPARTMENT OF LAND AND NATURAL RESOURCES LANDS.

A BILL FOR AN ACT

RELATING TO HOMELESS ENCAMPMENTS ON DEPARTMENT OF LAND AND NATURAL RESOURCES LANDS.

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

     SECTION 1.  The legislature finds that the department of land and natural resources manages public lands throughout the State, including Diamond Head State Monument, which hosts over one million visitors a year, and Hamakua and Kawainui marsh wildlife sanctuaries, where some of the first Hawaiians are thought to have lived on Oahu.  Public lands on the neighbor islands include the Kahulu boat ramp and unencumbered lands along the Honoapiilani highway on Maui; Wailoa harbor, Kailua pier, and parts of downtown Hilo on Hawaii island; and unencumbered lands in Kapaa and Wailua on Kauai.  Homeless encampments can be found at all of these places and on other less prominent lands, and the department is responsible for their clean-up, including the removal of waste and other debris that is often associated with the encampments' presence.  These clean-ups are crucial to restore department lands, help lessen potential hazards to human health, and reduce potential damage to public trust resources.

     The legislature further finds that in fiscal year 2024-2025, cleaning up after homeless encampments on lands managed by the department of land and natural resources is expected to cost the State approximately $3,000,000.  For fiscal year 2023-2024, the department, with help from the department of transportation, cleaned up homeless encampments comprised of approximately two hundred twenty-three people in twenty-four locations on department of land and natural resources lands.  At least one hundred twenty-nine days were spent cleaning department properties for this purpose.  Many of these efforts have occurred as multi-day clean-ups because of the amount of waste and debris or the size of the encampment.  For example, at Diamond Head, it takes approximately four days to clean the entire property after the removal of homeless encampments; and for a single clean-up effort in 2024 near Kalihi stream on  Oahu, approximately one month of labor cost the department approximately $1,000,000, in part because the number of individuals needed to perform the work was nearly double the number usually needed for a standard large clean-up and also due to costs for renting three forty-foot trash bins per day and dump-site fees.  In the past, funding for these clean-ups on department lands statewide was appropriated to the department of human services and then transferred to the department of transportation, which handled procurement and management of the work.  However, the department of human services did not include funding for statewide homeless encampment cleanups that cover lands managed by the department of land and natural resources in its budget request for fiscal year 2023-2024.  The department of human services is not expected to include this funding in its budget requests moving forward.

     To avoid re-directing crucial operating funds to cover the clean-up costs associated with homeless encampments on its lands, the purpose of this Act is to provide dedicated funding to the department of land and natural resources for this purpose.

     SECTION 2.  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 2025-2026 and the same sum or so much thereof as may be necessary for fiscal year 2026-2027 to carry out the purposes of this Act.

     The sums appropriated shall be expended by the department of land and natural resources.

     SECTION 3.  Beginning with fiscal biennium 2027-2029 and each biennium thereafter, the department of land and natural resources shall include in its annual budget request line-item funding to cover the clean-up costs associated with homeless encampments on its lands.

     SECTION 4.  This Act shall take effect on July 1, 3000.

Report Title:

DLNR; State Lands; Homeless Encampments; Clean-ups; Appropriation

Description:

Appropriates funds to the Department of Land and Natural Resources for the removal of homeless encampments on state lands under the Department's control.  Effective 7/1/3000.  (HD1)

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.

A BILL FOR AN ACT

RELATING TO HOMELESS ENCAMPMENTS ON DEPARTMENT OF LAND AND NATURAL RESOURCES LANDS.

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

     SECTION 1.  The department of land and natural resources manages public lands including, on O`ahu: Diamond Head State Monument, which hosts over a million visitors a year; and Hāmākua and Kawainui Marsh Wildlife Sanctuaries, where some of the first Hawaiians are thought to have lived.  Neighbor Island sites include the Kahulu Boat Ramp and unencumbered lands along the Honoapiilani Highway on Maui; Wailoa Harbor, Kailua Pier, and parts of downtown Hilo on Hawaii Island; and unencumbered lands in Kapa`a and Wailua on Kaua`i.  Homeless encampments can be found at all of these places and on other less prominent lands, and the department is responsible for their clean-up, including the removal of waste and other debris that is often associated with their presence.  These clean-ups are crucial to restore department lands, to help lessen potential hazards to human health, and to reduce potential damage to public trust resources.

     In fiscal year 2024-2025, cleaning up after homeless encampments on lands managed by the department of land and natural resources is expected to cost the State approximately $3,000,000.  For fiscal year 2023-2024, the department, with help from the Hawaii department of transportation, cleaned up homeless encampments comprised of approximately 223 people in twenty-four locations on the department of land and natural resources' lands.  At least 129 days were spent cleaning department properties for this purpose.  Many of these efforts have occurred as multi-day clean-ups because of the amount of waste and debris or the size of the encampment.  For example, at Diamond Head, it takes approximately four days to clean the entire property after the removal of homeless encampments; and for a single clean-up effort in 2024 near Kalihi Stream on  O`ahu, approximately one month of labor cost the department approximately $1,000,000, in-part because the number of individuals needed to perform the work was nearly double the number usually needed for a standard large clean-up (e.g., Diamond Head) to approximately thirty-to-fifty individuals each day, and also due to costs such as for renting three forty-foot trash bins per day and dump-site fees.  In the past, funding for these clean-ups on department lands statewide was appropriated to the department of human services and then transferred to the Hawaii department of transportation, which handled procurement and management of the work.  However, the department of human services did not include funding for statewide homeless encampment cleanups that cover lands managed by the department of land and natural resources in its budget request for fiscal year 2023-2024.  The department of human services is not expected to include this funding in its budget requests moving forward.  To avoid re-directing crucial operating funds to cover the clean-up costs associated with homeless encampments on its lands, the department of land and natural resources requires additional funds.  The purpose of this Act is to provide dedicated funding to the department for this purpose.

     SECTION 2.  There is appropriated out of the general revenues of the State of Hawaii the sum of $2,500,000 or so much thereof as may be necessary for fiscal year 2025-2026 and the same sum or so much thereof as may be necessary for fiscal year 2026-2027 to carry out the purposes of this Act.

     The sums appropriated shall be expended by the department of land and natural resources.

     SECTION 3.  Beginning with fiscal biennium 2027 to 2029 and each biennium thereafter, the department of land and natural resources shall include in its annual budget request line-item funding to cover the clean-up costs associated with homeless encampments on its lands.

     SECTION 4.  This Act, upon its approval, shall take effect on July 1, 2025.

Report Title:

DLNR; State Lands; Homeless Encampments; Clean-ups; Appropriation

Description:

Appropriates funds to the Department of Land and Natural Resources to cover its work cleaning up after the removal of homeless encampments on state lands under the Department's control.

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.

STAND. COM. REP. NO.  60

Honolulu, Hawaii

                , 2025

RE:   H.B. No. 1140

      H.D. 1

Honorable Nadine K. Nakamura

Speaker, House of Representatives

Thirty-Third State Legislature

Regular Session of 2025

State of Hawaii

Madame:

     Your Committee on Human Services & Homelessness, to which was referred H.B. No. 1140 entitled:

"A BILL FOR AN ACT RELATING TO HOMELESS ENCAMPMENTS ON DEPARTMENT OF LAND AND NATURAL RESOURCES LANDS,"

begs leave to report as follows:

     The purpose of this measure is to:

     (1)  Appropriate funds to the Department of Land and Natural Resources for the removal of homeless encampments on state lands under the Department's control; and

     (2)  Beginning with fiscal biennium 2027-2029, require the Department of Land and Natural Resources to include line-item funding to cover the clean-up costs associated with homeless encampments on its lands in the Department's annual budget request.

     Your Committee received testimony in support of this measure from the Department of Land and Natural Resources.

     Your Committee finds that homeless encampments on public lands managed by the Department of Land and Natural Resources pose significant challenges, including environmental degradation, public health hazards, and increased cleanup costs.  These encampments are found in high-traffic areas such as Diamond Head State Monument, wildlife sanctuaries, harbors, and unencumbered lands across the islands.  To ensure the Department of Land and Natural Resources can continue encampment cleanups without diverting critical operational resources, this measure provides dedicated funding for the cleanup and restoration of Department-managed lands.

     Your Committee has amended this measure by:

     (1)  Changing the appropriation to an unspecified amount;

     (2)  Changing the effective date to July 1, 3000, to encourage further discussion; and

     (3)  Making technical, nonsubstantive amendments for the purposes of clarity, consistency, and style.

     Your Committee respectfully requests your Committee on Finance, should it deliberate on this measure, to consider an appropriation amount of $2,500,000.

     As affirmed by the record of votes of the members of your Committee on Human Services & Homelessness that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 1140, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 1140, H.D. 1, and be referred to your Committee on Water & Land.

Respectfully submitted on behalf of the members of the Committee on Human Services & Homelessness,