Bill Text: HI SB733 | 2010 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: DOE; School Impact Fees

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Engrossed - Dead) 2009-05-11 - Carried over to 2010 Regular Session. [SB733 Detail]

Download: Hawaii-2010-SB733-Amended.html

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STAND. COM. REP. NO. 842

 

Honolulu, Hawaii

                  

 

RE:    S.B. No. 733

       S.D. 2

 

 

 

Honorable Colleen Hanabusa

President of the Senate

Twenty-Fifth State Legislature

Regular Session of 2009

State of Hawaii

 

Madam:

 

     Your Committee on Ways and Means, to which was referred S.B. No. 733, S.D. 1, entitled:

 

"A BILL FOR AN ACT RELATING TO EDUCATION,"

 

begs leave to report as follows:

 

     The purpose of this measure is to clarify the application of school impact fees to ensure its legality and fairness.

 

     Specifically, this measure:

 

     (1)  Requires the Department of Education to update certain figures it uses to calculate impact fees, including:

 

          (A)  School site area averages;

 

          (B)  Facility construction costs per student in elementary, middle, and high schools; and

 

          (C)  The revenue credit for each residential unit developed;

 

     (2)  Ensures that new residential developments are charged for a level of service (permanent versus portable facilities) that is equal to and not higher than the current standards of the district in which the development is situated;

 

     (3)  Clearly sets forth the distinction between a land component impact fee and a construction cost impact fee;

 

     (4)  Requires the Department of Education to engage in an analysis on a district basis that includes the student generation rates for single-family and multi-family developments, considering the potential for making more efficient use of existing and underutilized assets in a school district, and potential changes to statewide school site areas and design enrollment standards;

 

     (5)  Establishes school land area averages per student for elementary, middle, and high schools;

 

     (6)  Clarifies the formula for calculating the school construction cost per unit for single-family and multi-family developments;

 

     (7)  Requires that the impact fees collected within a school district be used only on schools serving the same school district; and

 

     (8)  Requires the Department of Education to return lands dedicated for school facilities or construction cost component impact fee that are not used for school facilities within twenty years of the land dedication or fee payment.

 

     Your Committee finds that this measure will ensure the equitable administration of school impact fees.  The measure will also provide that school impact fees collected for land and facility construction, whether through fees paid or in lieu contributions of land dedicated or facilities developed and dedicated, are fairly assessed and used only within the school districts that the residential developments that are assessed are situated.  Your Committee believes that this will ensure that the school impact fees program will meet all legal and equitable concerns and challenges.

 

     You Committee has made technical nonsubstantive changes to this measure for the purposes of clarity and consistency.

 

     As affirmed by the record of votes of the members of your Committee on Ways and Means that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 733, S.D. 1, as amended herein, and recommends that it pass Third Reading in the form attached hereto as S.B. No. 733, S.D. 2.

 

Respectfully submitted on behalf of the members of the Committee on Ways and Means,

 

		____________________________ DONNA MERCADO KIM, Chair