HOUSE OF REPRESENTATIVES

H.B. NO.

2066

TWENTY-NINTH LEGISLATURE, 2018

 

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

RELATING TO SCHOOLs.

 

 

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

 


     SECTION 1. The legislature finds that, pursuant to Act 246, Session Laws of Hawaii 2005, the school impact fee working group was tasked with analyzing salient issues, including fair share practices and enrollment projections by the department of education, alternative funding mechanisms and best practices utilized by other jurisdictions nationwide, and different infrastructure needs imposed by different types of development, including infill.  The working group was also asked to submit proposed legislation or procedures for implementing its recommendations on determining school impact fees within identified school impact districts.

     In its report to the legislature entitled "Hawaii School Impact Fee Study" (December 2006), the working group recommended that the department of education determine each school impact district appropriate student generation rate.

     The purpose of Act 245, Session Laws of Hawaii 2007, was to implement the working group's recommendation for implementing a new method for financing, in part, new or expanding existing department of education educational facilities in partnership with developers of new residential developments.  Act 245 reflects a general methodology and approach for identifying need areas and calculating appropriate school impact fees for new residential developments.  It also recognizes the need for more detailed planning for implementation of the Act by the department of education and tasked the department with developing an appropriate methodology to be applied in new residential projects involving rezoned properties or parcels, current zoned parcels with or without buildings, and redevelopment projects.

     The legislature now finds that the current statewide housing crisis is having a negative impact on the quality of life for Hawaii residents.  The overall lack of supply of housing at all price points is causing residents to move out of State to more affordable markets and is contributing to the increased number of homeless individuals and families across the State.

     Faced with a pressing need to increase the supply of housing, especially at the workforce and affordable price points of one hundred forty per cent and below area median income, there is a need to reconsider some of the non-public health and safety exactions and fees assessed on housing projects.

     Since the adoption of Act 245, the department of education has been implementing school impact fees by designating high growth areas that typically require new or expanded school facilities.  However, the legislature believes that the need for new schools must also be balanced with the effect on housing affordability in the State.  From a public policy standpoint, shifting the cost of new public infrastructure to new home buyers ultimately results in fewer people being able to afford to purchase a new home.  The legislature finds that given the current housing crisis in Hawaii, there is a compelling public interest to repeal the school impact fees law.

     The purpose of this Act is to repeal the school impact fees law to keep housing affordable for residents in the State.

     SECTION 2.  Section 46-142.5, Hawaii Revised Statutes, is repealed.

     ["[§46-142.5  School impact districts; new building permit requirements.]  No new residential development in a designated school impact district under chapter 302A shall be issued a residential building permit or condominium property regime building permit until the department of education provides written confirmation that the permit applicant has fulfilled its school impact fee requirements.  This section shall only apply to new dwelling units."]

     SECTION 3.  Part VI, subpart B of chapter 302A, Hawaii Revised Statutes, is repealed.

     SECTION 4.  Statutory material to be repealed is bracketed and stricken.

     SECTION 5.  This Act shall take effect on July 1, 2018.

 

INTRODUCED BY:

_____________________________

 

 


 


 

Report Title:

Education; Schools; School Impact Fees

 

Description:

Repeals the School Impact Fees law.

 

 

 

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