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HOUSE OF REPRESENTATIVES |
H.R. NO. |
162 |
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THIRTY-THIRD LEGISLATURE, 2026 |
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STATE OF HAWAII |
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HOUSE RESOLUTION
ESTABLISHING
AN INVESTIGATING COMMITTEE ON THE KAUHALE INITIATIVE, OHANA ZONES, AND RELATED
HOUSING PROJECTS established UNDER the GOVERNOR'S EMERGENCY PROCLAMATIONS TO
ADDRESS HOMELESSNESS.
     WHEREAS, the Legislature is vested with the
responsibilities of determining state policy and appropriating state funds; and
     WHEREAS, to promote transparency,
accountability, and the functionality of state government, the Legislature must
ensure that appropriated funds are used efficiently, effectively, and in
accordance with applicable laws and regulations; and
     WHEREAS, pursuant to Act 309, Session Laws
of Hawaii 2025, the Auditor has been conducting a management and performance
audit of the Statewide Office on Homelessness and Housing Solutions' Kauhale
Initiative; and
     WHEREAS, the audit, which was required to
be completed prior to the start of the Regular Session of 2026, is not expected
to be completed until the interim between the 2026 and 2027 Regular Sessions,
in part because parties responsible for project management and development have
not been forthcoming with requested documents, including receipts and line-item
accounts; and
     WHEREAS, between January 23, 2023, and
January 16, 2026, Governor Josh Green, has issued twenty-one successive
emergency proclamations relating to homelessness in Hawaii; and
     WHEREAS, under section 127A-13(a)(3),
Hawaii Revised Statutes, the Governor's emergency proclamations may suspend
specific statutes and administrative rules governing procurement, including
portions of Title 9, Hawaii Revised Statutes; historic preservation under
chapter 6E, Hawaii Revised Statutes; environmental review under chapter 343,
Hawaii Revised Statutes; and state and county land use, zoning, and permitting
requirements; and
     WHEREAS, the Governor's emergency
proclamations have allowed for no‑bid awards of contracts to a single contractor, HomeAid Hawaii,
which is not, and has not previously been, registered with the Department of
Commerce and Consumer Affairs as a licensed contractor in the State; and
     WHEREAS, the emergency temporary housing
projects on the island of Maui to house homeless wildfire survivors, specifically
Ka Lai Ola in Lahaina, Puuhonua O Nene in Kahului, and Kipuola Kauhale in
Kahului, were established under the Governor's emergency proclamations to
address homelessness; and
     WHEREAS, project costs for the temporary
housing project Ka Lai Ola have been estimated at $185,000,000; and Act 309,
Session Laws of Hawaii 2025, allocates the sum of $18,575,000 out of the
general revenues of the State of Hawaii for fiscal year 2025–2026, and
$24,325,000 for fiscal year 2026–2027 for the continued operation of the
Kauhale Initiative; and $2,525,000 for fiscal year 2025–2026, and $5,855,000
for fiscal year 2026–2027 for the continued implementation of the Ohana Zones
pilot project established under Act 209, Session Laws of Hawaii 2018; and
     WHEREAS, chapter 21, Hawaii Revised
Statutes, outlines procedures for establishing and administering legislative
investigating committees, including procedures for conducting hearings in a
fair and impartial manner; and
     WHEREAS, section 21‑3, Hawaii Revised Statutes,
authorizes the establishment of an investigating committee by a house
resolution; now, therefore,
     BE IT RESOLVED by the House of
Representatives of the Thirty-third Legislature of the State of Hawaii, Regular
Session of 2026, that an investigating committee is established pursuant to
chapter 21, Hawaii Revised Statutes, to be known as the "House
Investigating Committee on the Kauhale Initiative and Related Housing Projects";
and
     BE IT FURTHER RESOLVED that the House
Investigating Committee on the Kauhale Initiative and Related Housing Projects
may operate during the interim between the 2026 and 2027 Regular Sessions if
the Auditor's report required by Act 309, Session Laws of Hawaii 2025:
     (1)  Alleges
mismanagement, violations of procurement rules, or unlawful actions; or
     (2)  Does
not satisfactorily answer questions of performance; and
     BE IT FURTHER RESOLVED that the
investigating committee shall:
     (1)  Investigate
the Kauhale Initiative, including all projects currently or previously listed
by the Statewide Office on Homelessness and Housing Solutions as part of the
Kauhale Initiative, as well as Ka Lai Ola, Puuhonua O Nene, and any other
projects developed to provide housing or shelter for people experiencing
homelessness or at risk of becoming homeless, including housing developed under
emergency proclamations declaring homelessness a public health emergency;
     (2)  Follow
up on the Auditor's audit, including by reviewing, as necessary, contracts,
financial statements, procurement processes, and comparisons of actual costs
incurred with budgeted estimates;
     (3)  Investigate
the licensing status and qualifications of all contractors and subcontractors
involved in the projects described in paragraph (1);
     (4)  Investigate
any health and safety concerns related to these projects, including any
incidents, accidents, injuries, or deaths that have occurred at project sites;
     (5)  Investigate
the roles and responsibilities of key individuals and entities involved in
these projects;
     (6)  Investigate
the allegation that there are no records of complaints filed with the Regulated
Industries Complaints Office of the Department of Commerce and Consumer Affairs
regarding unlicensed contractors, despite multiple complaints by numerous
individuals;
     (7)  Investigate
the responses, or lack thereof, by authorities and managing entities to
concerns raised regarding unlicensed contractors, health hazards, and safety
violations;
     (8)  Investigate
whether the use of emergency proclamations to exempt projects from building
codes, licensing requirements, and other regulations was appropriate and
whether adequate safeguards were in place to protect public health and safety;
     (9)  Investigate
whether any laws, regulations, or ethical standards were violated in connection
with these projects;
    (10)  Determine
whether fraud, waste, abuse, mismanagement, corruption, or other wrongdoing
occurred in connection with these projects;
    (11)  Examine
the recommendations made in the Auditor's report;
    (12)  Make
recommendations for legislative actions, policy changes, administrative
reforms, and enforcement actions to prevent similar problems in the future and
to improve the operations and management of state agencies, the use of their
funds, and related matters; and
    (13)  Investigate
any other matters related to the subject matter of this measure that the investigating
committee deems relevant or necessary; and
     BE IT FURTHER RESOLVED that the
investigating committee shall have every power conferred on an investigating
committee by law, including the authority to:
     (1)  Conduct
hearings, take testimony under oath, and compel the production of documents,
records, and other evidence;