Bill Text: HI HB656 | 2018 | Regular Session | Amended

Hawaii House Bill 656 (Prior Session Legislation)

Bill Title: Relating To School Impact Fees.

Spectrum: Partisan Bill (Democrat 4-0)

Status: (Introduced - Dead) 2017-11-30 - Carried over to 2018 Regular Session. [HB656 Detail]

Download: Hawaii-2018-HB656-Amended.html

HOUSE OF REPRESENTATIVES	H.B. NO.	656
TWENTY-NINTH LEGISLATURE, 2017		H.D. 1
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. The legislature finds that as communities expand and develop, school impact fees are assessed to offset the impact of new homes and families on local schools. While these assessments are in place to accommodate the increase in new families and school enrollments that often accompany development, the fees can be detrimental to certain types of community projects, which is partly why exemptions exist for commercial projects, industrial projects, senior housing projects, replacement homes, and projects to enlarge existing homes. However, there is no exemption from school impact fees for the efforts of nonprofit organizations, county governments, and the Hawaii housing finance and development corporation that provide housing to low- and moderate-income individuals. Allowing these types of projects to be exempt from school impact fees may encourage developers to provide more low- and moderate-income housing and increase the overall affordable housing supply for Hawaii residents.

The purpose of this Act is to provide an exemption from school impact fees for housing developments constructed by:

(1) Nonprofit housing organizations in which the units are rented or sold to persons or families earning up to one hundred twenty per cent of the area median income; and

(2) The counties and the Hawaii housing finance and development corporation for low- and moderate-income individuals.

SECTION 2. 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; [~~and~~]

(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 construction[.]; and

(5) Any housing development constructed by a housing organization in which the units are leased or sold to persons or families with incomes up to one hundred twenty per cent of the area median income as determined by the United States Department of Housing and Urban Development, and all government housing projects and projects processed pursuant to sections 46-15.1 and 201H-38."

SECTION 3. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 4. This Act shall take effect upon a date to be determined.

Report Title:

School Impact Fees; Exemption; Housing Developments; Nonprofits; County Government; HHFDC

Description:

Deletes school impact fee requirements for county and Hawaii Housing Finance and Development Corporation housing projects for low- and moderate-income individuals. Provides an exemption from school impact fees for housing developments constructed by nonprofit housing organizations in which the units are rented or sold to persons or families earning up to one hundred twenty per cent of the area median income. (HB656 HD1)

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