Bill Text: HI SB2310 | 2018 | Regular Session | Introduced

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Bill Title: Relating To Schools.

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Introduced - Dead) 2018-01-22 - Referred to EDU/HOU/PSM, WAM. [SB2310 Detail]

Download: Hawaii-2018-SB2310-Introduced.html

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THE SENATE	S.B. NO.	2310
TWENTY-NINTH LEGISLATURE, 2018
STATE OF HAWAII

A BILL FOR AN ACT

 

 

relating to schools.

 

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 

     SECTION 1.  The legislature finds that, pursuant to Act 246, Session Laws of Hawaii 2005, the school impact fee working group was tasked with analyzing salient issues, including "fair share" practices and enrollment projections by the department of education, alternative funding mechanisms and best practices utilized by other jurisdictions nationwide, and different infrastructure needs imposed by different types of development, including infill.  The working group was also asked to submit proposed legislation or procedures for implementing its recommendations on determining school impact fees within identified school impact districts.

     In its report to the legislature entitled Hawaii School Impact Fee Working Group Report (March 2007), one of the working group recommendations was that the department of education determine appropriate student generation rates for each growth area.  The localized student generation rates would then by multiplied by acres per student ratios from the statewide analysis to determine the land dedication requirement.  Impact fees would be the product of the localized student generation rates and the statewide construction costs per student less the statewide credit.

     Subsequently, Act 245, Session Laws of Hawaii 2007 (Act 245), codified the working group's recommendation for implementing a new method for financing, in part, new or expanding existing department of education educational facilities in partnership with developers of new residential developments.  Act 245 reflected a general methodology and approach for identifying need areas and calculating appropriate school impact fees for new residential developments.  It also recognized the need for more detailed planning for implementation of Act 245 by the department of education, and how the methodology was applied in new residential projects involving rezoned properties or parcels, current zoned parcels with or without buildings, and redevelopment projects.

     The legislature now finds that the current state-wide housing crisis is having a negative impact on the quality of life for Hawaii's residents.  The overall lack of supply of housing at all price points is causing residents to move out of the State into more affordable markets.  It is also contributing to the increased number of homeless families and individuals across the State.

     Faced with a pressing need to increase the supply of housing, especially at the workforce and affordable price points (one hundred forty per cent and below average median income), there is a need to reconsider some of the non-public health and safety exactions/fees being assessed on housing projects.

     Since the adoption of Act 245 the department of education has been implementing school impact fees by designating high growth areas which typically require new or expanded school facilities.  However, the need for new schools must also be balanced with the impact on housing affordability in the State.

     From a public policy standpoint, shifting the cost of new public infrastructure to new home buyers ultimately results in less people being able to afford to purchase a new home.

     The legislature finds that given the current housing crisis in Hawaii, there is a compelling public interest to repeal the state education impact fee law to keep housing affordable for the residents of Hawaii.

     As such, the purpose of this Act is to repeal the law relating to school impact fees.

     SECTION 2.  Chapter 302A, part VI, subpart B, Hawaii Revised Statutes, is repealed.

     SECTION 3.  Section 46-142.5, Hawaii Revised Statutes, is repealed.

     [["[§46-142.5  School impact districts; new building permit requirements.]  No new residential development in a designated school impact district under chapter 302A shall be issued a residential building permit or condominium property regime building permit until the department of education provides written confirmation that the permit applicant has fulfilled its school impact fee requirements.  This section shall only apply to new dwelling units.]"

     SECTION 4.  The repeal of chapter 302A, part VI, subpart B, Hawaii Revised Statutes, and section 46-142.5, Hawaii Revised Statutes, in sections 2 and 3 of this Act shall not apply to projects that have been or are currently subject to those provisions, but shall apply to all projects initiated after the effective date of this Act.  All "greenfield" projects (not urban infill projects) initiated after the effective date of this Act shall be subject to the conditions imposed by the state land use commission through their "fair share" contribution requiring lands for new schools in large master planned communities.  The "fair share" contribution shall be based on the historical average acres for new elementary (K-5), middle (6-8), and high (9-12) schools.

     SECTION 5.  Statutory material to be repealed is bracketed and stricken.

     SECTION 6.  This Act shall take effect on July 1, 2018.

 

INTRODUCED BY:	_____________________________

 

 

Report Title:

Department of Education; School Impact Fees; Repeal

 

Description:

Repeals chapter 302A, part VI, subpart B, HRS, and section 46‑142.5, HRS, relating to school impact fees.

 

 

 

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