Bill Text: HI SB891 | 2019 | Regular Session | Amended
Bill Title: Relating To Housing Development.
Spectrum: Partisan Bill (Democrat 5-0)
Status: (Engrossed - Dead) 2019-03-14 - Passed Second Reading as amended in HD 1 and referred to the committee(s) on LHE with Representative(s) Thielen voting aye with reservations; none voting no (0) and Representative(s) Takumi excused (1). [SB891 Detail]
Download: Hawaii-2019-SB891-Amended.html
|
THE SENATE |
S.B. NO. |
891 |
|
THIRTIETH LEGISLATURE, 2019 |
S.D. 1 |
|
|
STATE OF HAWAII |
H.D. 1 |
|
|
|
|
|
|
|
||
|
|
||
A BILL FOR AN ACT
RELATING TO HOUSING DEVELOPMENT.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. 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[.];
(5) Any housing
project 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;
(6) Any alteration
to, or expansion of, an existing dwelling unit where no additional dwelling
unit is created and the unit's use has not changed, even if the alteration or
expansion may require a county building permit;
(7) Accessory
dwelling units that are legally permitted by a county; provided that, as used
in this paragraph, "accessory dwelling unit" means a second dwelling
unit, including separate kitchen, bedroom, and bathroom facilities, attached or
detached from the primary dwelling unit on the same lot;
(8) Ohana dwelling
units that are legally permitted by a county; provided that, as used in this
paragraph, "ohana dwelling unit" means a second dwelling unit,
including separate kitchen, bedroom, and bathroom facilities, attached or
detached from the primary dwelling unit on the same lot, which is occupied by
persons who are related by blood, marriage, or adoption to the persons residing
in the first dwelling unit; provided that an ohana dwelling unit for which a
building permit was obtained before September 10, 1992, may be occupied by
persons who are not related by blood, marriage, or adoption to the persons
residing in the first dwelling unit; and
(9) Any housing project or property developed by the Hawaii public housing authority."
SECTION 2. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 3. This Act shall take effect on July 1, 2050.
Report Title:
Housing Development; School Impact Fees; Exemption
Description:
Exempts affordable housing units, additions to existing dwelling units, accessory dwelling units, ohana dwelling units, and affordable housing projects developed by the Hawaii Public Housing Authority from school impact fee requirements. (SB891 HD1)
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
