Bill Text: HI SB1146 | 2018 | Regular Session | Amended
Bill Title: Relating To School Impact Fees.
Spectrum: Partisan Bill (Democrat 14-0)
Status: (Engrossed - Dead) 2018-03-15 - Received notice of discharge of conferees (Hse. Com. No. 385). [SB1146 Detail]
Download: Hawaii-2018-SB1146-Amended.html
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THE SENATE |
S.B. NO. |
1146 |
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TWENTY-NINTH LEGISLATURE, 2017 |
S.D. 2 |
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STATE OF HAWAII |
H.D. 2 |
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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 a shortage of affordable housing, for sale or rent, exists in Hawaii, and that the high cost of construction could be a deterrent to private development of affordable housing units. The legislature further finds that school impact fees can significantly raise the costs of new housing development projects. For example, in 2016, the department of education estimated that it would need a school impact fee of $9,374 per new unit constructed in the proposed school impact district from Kalihi to Ala Moana to help cover land and construction costs for new or expanded schools in the area. The legislature additionally finds that implementing this fee would increase the overall costs for construction of housing, possibly further hindering development of affordable housing units.
The legislature also finds that as the city and county of Honolulu constructs a rail transit system, increasing affordable housing along the rail line benefits those individuals and families with lower incomes, including those who are unable to purchase their own vehicles, by providing convenient access to public transportation. The legislature further finds that exempting affordable housing units constructed in a county with a population greater than five hundred thousand from school impact fee requirements will promote the development of affordable housing in Hawaii.
The purpose of this Act is to exempt the following housing units and projects from school impact fee requirements:
(1) Any form of housing that is reserved for persons or families with incomes up to eighty per cent of the area median income located in a county with a population greater than five hundred thousand;
(2) Housing projects certified or approved for a general excise tax exemption under section 201H-36, Hawaii Revised Statutes, and government housing projects and projects processed pursuant to sections 46-15.1 and 201H-38, Hawaii Revised Statutes; and
(3) The public housing projects controlled, owned, developed, or managed by the Hawaii public housing authority, federally assisted public housing projects, and state low-income housing projects.
SECTION 2. 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) Any form of housing units reserved for persons or families with incomes up to eighty per cent of the area median income located in a county with a population greater than five hundred thousand;
(4) Any housing project that has been certified or approved for a general excise tax exemption under section 201H-36 and all government housing projects and projects processed pursuant to sections 46-15.1 and 201H-38;
(5) Any state or federal public housing project as defined in section 356D-1 or 356D-91 or a state low-income housing project as defined in section 356D-51;
[(3)] (6)
All nonresidential development; and
[(4)] (7)
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."
SECTION 3. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 4. This Act shall take effect on July 1, 2051.
Report Title:
School Impact Fees; Affordable Housing
Description:
Exempts the following from school impact fee requirements: housing developments reserved for persons or families with incomes up to 80 percent of the area median income located in a county having a population greater than 500,000; state or federal public housing projects; state low-income housing projects; housing projects certified or approved for a general excise tax exemption under section 201H-36, Hawaii Revised Statutes (HRS); and government housing projects and projects processed pursuant to sections 46-15.1 and 201H-38, HRS. (SB1146 HD2)
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
