Hawaii 2022 Regular Session

Hawaii Senate Bill SB468 Compare Versions

Version 1 (Old)

Version 2 (New)

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1		-	THE SENATE S.B. NO. 468 THIRTY-FIRST LEGISLATURE, 2021 S.D. 1 STATE OF HAWAII ~~H.D. 1~~ A BILL FOR AN ACT RELATING TO SCHOOL IMPACT FEES. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
	1	+	THE SENATE S.B. NO. 468 THIRTY-FIRST LEGISLATURE, 2021 S.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:
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3	3		THE SENATE S.B. NO. 468
4	4		THIRTY-FIRST LEGISLATURE, 2021 S.D. 1
5		-	STATE OF HAWAII ~~H.D. 1~~
	5	+	STATE OF HAWAII
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7	7		THE SENATE
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9	9		S.B. NO.
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11	11		468
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13	13		THIRTY-FIRST LEGISLATURE, 2021
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15	15		S.D. 1
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17	17		STATE OF HAWAII
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19		-	~~H.D. 1~~
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31	31		A BILL FOR AN ACT
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37	37		RELATING TO SCHOOL IMPACT FEES.
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43	43		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
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47		-	PART I 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;] 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 construction." PART II 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[.]; or (2) To improve or renovate existing structures for school use. Construction 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 (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 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. ~~PART III~~ 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.
	47	+	PART I 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;] 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 construction." PART II 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[.]; or (2) To improve or renovate existing structures for school use. Construction 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 (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 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 on July 1, 2050.
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49	49		PART I
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51	51		SECTION 1. Section 302A-1603, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:
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53	53		"(b) The following shall be exempt from this section:
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55	55		(1) Any form of housing permanently excluding school-aged children, with the necessary covenants or declarations of restrictions recorded on the property;
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57	57		[(2) Any form of housing that is or will be paying the transient accommodations tax under chapter 237D;
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59	59		(3) All nonresidential development;] and
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61	61		[(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 construction."
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63	63		PART II
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65	65		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.
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67	67		SECTION 3. Section 302A-1608, Hawaii Revised Statutes, is amended as follows:
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69	69		1. By amending subsection (h) to read:
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71	71		"[[](h)[]] Construction cost component impact fees shall be used only [for]:
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73	73		(1) For the costs of new school facilities that expand the student capacity of existing schools or adds student capacity in new schools[.]; or
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75	75		(2) To improve or renovate existing structures for school use.
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77	77		Construction 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."
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79	79		2. By amending subsection (l) to read:
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81	81		"[[](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 the budget.]"
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83	83		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.
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85		-	PART III
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87	85		SECTION 5. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
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89		-	SECTION 6. This Act shall take effect on ~~December~~ 1, 2050.
	87	+	SECTION 6. This Act shall take effect on July 1, 2050.
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91		-	Report Title: DOE; School Impact Fees; Exemptions; Renovation; Budget Process Description: 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.
	89	+	Report Title: DOE; School Impact Fees; Exemptions; Renovation; Budget Process Description: 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 7/1/2050. (SD1) The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
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95	95		Report Title:
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97	97		DOE; School Impact Fees; Exemptions; Renovation; Budget Process
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101	101		Description:
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103		-	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~~)
	103	+	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 7/1/2050. (SD1)
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111	111		The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.