HOUSE OF REPRESENTATIVES
THIRTY-FIRST LEGISLATURE, 2021
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 by amending subsection (b) to read as follows:
"(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 form of housing developed by the department of Hawaiian home lands for use by beneficiaries of the Hawaiian Homes Commission Act, 1920, as amended."
SECTION 2. The legislature finds that the department of education requires statutory flexibility to effectively manage and expend school impact fees. The purpose of this part is to provide that flexibility.
SECTION 3. Section 302A-1608, Hawaii Revised Statutes, is amended as follows:
1. By amending subsection (h) to read:
(h)[ ]] Construction cost component impact fees shall
be used only [ for]:
(1) For the
costs of new school facilities that expand the student capacity of existing
schools or adds student capacity in new schools[
(2) To improve or renovate existing structures for school use.
cost component impact fees [
may] shall not be used to replace an
existing school located within the same school impact district, either on the
same site or on a different site."
2. By amending subsection (j) to read:
(j)[ ]] Construction cost component impact fees shall
not be expended for[ : (1) The] the maintenance or operation
of existing schools in the district[ ; or (2) Portable or temporary facilities]."
3. By amending subsection (l) to read:
Fees in lieu, proceeds from the sale of
all or part of an existing school site that has been dedicated by a developer
pursuant to the requirements of this subpart, and construction cost component
impact fees shall be expended or encumbered within twenty years of the date of
collection. Fees shall be considered
spent or encumbered on a first-in, first-out basis. [ An expenditure plan for all collected
impact fees shall be incorporated into the annual budget process of the
department and subject to legislative approval of the budget.]"
SECTION 4. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.
SECTION 5. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 6. This Act shall take effect upon its approval; provided that on July 1, 2024, section 1 of this Act shall be repealed and section 302A-1603(b), Hawaii Revised Statutes, shall be reenacted in the form in which it read on the day prior to the effective date of this Act.
School Impact Fees; Education; Housing; DHHL
Excludes housing developed by the Department of Hawaiian Home Lands from school impact fees for 3 years. Allows construction cost component impact fees to be used to improve or renovate existing structures for school use. Repeals the prohibition against expending construction cost component impact fees for portable or temporary facilities. Repeals the requirement that an expenditure plan for all collected impact fees be incorporated into the Department of Education's annual budget process. (SD2)
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.