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;
form of housing that is or will be paying the transient accommodations tax
under chapter 237D; (3) All
nonresidential development;] and
(4)] (2) 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
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]:
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.
Construction cost component impact fees [
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 (l) to read:
(l)[ ]] 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
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 Statutory material to be repealed is bracketed and stricken.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 on December 1, 2050.
DOE; School Impact Fees; Exemptions; Renovation; Budget Process
Repeals the school impact fee exemptions for nonresidential development and housing subject to the transient accommodations tax when seeking development in a designated school impact district requiring county subdivision approval, county building permit, or condominium property regime approval of the project. Allows construction cost component impact fees to be used to improve or renovate existing structures for school use. Repeals the requirement that an expenditure plan for all collected impact fees be incorporated into the department of education's annual budget process. Effective 12/1/2050. (HD1)
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.