HOUSE OF REPRESENTATIVES
THIRTIETH LEGISLATURE, 2019
STATE OF HAWAII
A BILL FOR AN ACT
RELATING TO SCHOOL IMPACT FEES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Section 302A-1603, Hawaii Revised Statutes, is amended to read as follows:
"§302A-1603 Applicability and exemptions. (a) Except as provided in subsection (b), any person who seeks to develop a new residential development within a designated school impact district requiring:
(1) A county subdivision approval;
(2) A county building permit; or
(3) A condominium property regime approval for the project,
shall be required to fulfill the land component impact fee or fee in lieu requirement
and construction cost
component impact fee requirement of the department[
including all government housing projects and projects processed pursuant to
sections 46-15.1 and 201H-38].
(b) The following shall be exempt from this section:
(1) Any form of housing permanently excluding school-aged children, with the necessary covenants or declarations of restrictions recorded on the property;
(2) Any form of housing that is or will be paying the transient accommodations tax under chapter 237D;
(3) All nonresidential development; [
(4) Any development with an executed education
contribution agreement or other like document with the department for the
contribution of school sites or payment of fees for school land or school
(5) Any housing project that has been certified or approved for a general excise tax exemption under section 201H-36;
(6) All government housing projects and projects processed pursuant to sections 46-15.1 and 201H-38;
(7) Any alteration to or expansion of an existing dwelling unit where no additional dwelling unit is created and the use is not changed, even if the alteration or expansion may require a county building permit;
(8) Accessory dwelling units that are legally permitted by a county. As used in this paragraph, "accessory dwelling unit" means a second dwelling unit, including separate kitchen, bedroom, and bathroom facilities, that is attached or detached from the primary dwelling unit on the same lot;
(9) Ohana dwelling units that are legally permitted by a county. As used in this paragraph, "ohana dwelling unit" means a second dwelling unit, including separate kitchen, bedroom, and bathroom facilities, that is attached or detached from the primary dwelling unit on the same lot and is occupied by persons who are related by blood, marriage, or adoption to the persons residing in the first dwelling unit; provided that an ohana dwelling unit for which a building permit was obtained before September 10, 1992, may be occupied by persons other than family members;
(10) Any housing project or property developed by the Hawaii public housing authority;
(11) Single- and multi-family homeownership units developed by self-help housing nonprofit organizations for low-income households earning at or below eighty per cent of the Department of Housing and Urban Development's area median income for the county in which the household resides."
SECTION 2. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 3. This Act shall take effect on January 1, 2050.
School Impact Fees; Exemption; HPHA; Self-Help Housing Nonprofit
Exempts affordable housing units, additions to existing dwelling units, accessory dwelling units, ohana dwelling units, housing developed by the Hawaii Public Housing Authority, and certain housing units developed by self-help housing nonprofit organizations from school impact fee requirements. (HB1088 HD1)
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.