STAND. COM. REP. 3018

Honolulu, Hawaii

, 2004

RE: H.B. No. 2703

H.D. 1

S.D. 1

 

 

Honorable Robert Bunda

President of the Senate

Twenty-Second State Legislature

Regular Session of 2004

State of Hawaii

Sir:

Your Committees on Transportation, Military Affairs, and Government Operations and Water, Land, and Agriculture, to which was referred H.B. No. 2703, H.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO IMPACT FEES,"

beg leave to report as follows:

The purpose of this measure is to authorize the counties to assess impact fees to help pay for state highway improvements that serve new or more intensive development, and to create a new special fund to hold impact fee revenues.

Testimony in support of this measure was received from the Department of Transportation, Honolulu Department of Transportation Services, Honolulu Department of Planning and Permitting, Hawaii Community Development Authority, Leeward Oahu Transportation Management Association, Land Use Research Foundation of Hawaii, and Aina Nui Corporation.

Your Committees find that new development of land has a tremendous impact on existing roadways. New development leads to more motor vehicles using our roadways, necessitating increased repair and maintenance as well as traffic mitigation measures.

Your Committees support the institution of impact fees on developers to help defray the cost of highway improvements brought on by development. Impact fees are more predictable and equitable than case-by-case permit exactions, and more acceptable to the public than solely using public funds. Also, unless they are used for the exact purpose for which they were collected, impact fees must be returned to the developer.

Therefore, your Committees support this measure as an appropriate balance between the right of private entities to develop their land, and the resultant need of the State to maintain and improve our roadways.

Your Committees have amended this measure by replacing its contents with S.B. No. 1404, S.D. 1, a similar measure that makes the following changes:

(1) Deletes reference to counties with a population in excess of five hundred thousand;

(2) Deletes reference to authorizing the county to expend funds in the county and for the state highway improvements for which the fees were collected;

(3) Deletes sections 3, 4, 6, 7, 8, 9, and 10;

(4) Deletes "department" when it appears with "council or board"; and

(5) Makes technical, nonsubstantive amendments.

As affirmed by the records of votes of the members of your Committees on Transportation, Military Affairs, and Government Operations and Water, Land, and Agriculture that are attached to this report, your Committees are in accord with the intent and purpose of H.B. No. 2703, H.D. 1, as amended herein, and recommend that it pass Second Reading in the form attached hereto as H.B. No. 2703, H.D. 1, S.D. 1, and be referred to the Committee on Ways and Means.

Respectfully submitted on behalf of the members of the Committees on Transportation, Military Affairs, and Government Operations and Water, Land, and Agriculture,

____________________________

LORRAINE R. INOUYE, Chair

____________________________

CAL KAWAMOTO, Chair