HOUSE OF REPRESENTATIVES	H.B. NO.	841
TWENTY-NINTH LEGISLATURE, 2017		H.D. 1
STATE OF HAWAII

A BILL FOR AN ACT

RELATING TO SCHOOL IMPACT FEES.

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[.]; and

(5) 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 46-51.1 and 201H-38."

     SECTION 2.  This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

     SECTION 3.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 4.  This Act shall take effect upon a date to be determined.

Report Title:

School Impact Fees; Exemption for Affordable Housing

Description:

Exempts certain affordable housing projects from the school-impact-fee requirement, including government affordable housing projects under sections 46-15.1 and 201H-38, Hawaii Revised Statutes.  (HB841 HD1)

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