Report Title:
Department of Education; Impact Fees
Description:
Requires DOE to adopt rule relating to the imposition of impact fees for facilities development.
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
1322 |
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TWENTY-THIRD LEGISLATURE, 2005 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
relating to education.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The legislature finds that the land use commission and, in some cases, county land use decision-making authorities have been imposing impact fees on certain developments for the development of public school facilities. While new developments should shoulder some of the burden that they impose on area public school facilities, there is no official policy or rule that establishes a rational nexus between a particular kind of development and the extent of the impact of that development on area public school facilities.
The purpose of this Act is to require the department of education to adopt rules establishing an impact fee protocol that is fair and evenly applied on new developments.
SECTION 2. Chapter 302A, Hawaii Revised Statutes, is amended by adding a new section to part VI to be appropriately designated and to read as follows:
"§302A- Impact fee rules. (a) The department shall adopt rules relating to impact fees to be imposed on new real estate developments that impact area public schools. The rules shall be adopted pursuant to chapter 91.
(b) The rules shall include:
(1) A formula for a per unit impact fee based upon a rational nexus between the fee being imposed and the impacts that a development will cause area public school facilities, including scaling the impact fee based on the type of development that is being proposed;
(2) A mechanism for the imposition of the impact fee;
(3) A provision for the impact fee to satisfied by a land contribution or an in lieu monetary or other type of contribution; and
(4) The timing for the payment of the impact fee to the department."
SECTION 3. The department of education shall adopt rules pursuant to this Act as soon as practicable but in no case later than June 30, 2006.
SECTION 4. New statutory material is underscored.
SECTION 5. This Act shall take effect upon its approval.
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INTRODUCED BY: |
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