HOUSE OF REPRESENTATIVES	H.B. NO.	766
THIRTY-FIRST LEGISLATURE, 2021		H.D. 1
STATE OF HAWAII		S.D. 1

A BILL FOR AN ACT

RELATING TO THE DEPARTMENT OF TRANSPORTATION.

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

SECTION 1. The legislature finds that roadways that are substandard and unsafe threaten the health and safety of anyone using or living adjacent to these roads. While the State and county maintain certain roads within their respective jurisdictions, there are many private roads that are unsafe but widely used by the general public. Impact fees are a useful tool in paying for capital costs associated with development, however that tool is primarily used by the counties through an ordinance.

The purpose of this Act is to allow the department of transportation to assess impact fees for the repair or renovation of an unsafe roadway that is used by the public that is a substantial danger to public health and safety.

SECTION 2. Section 264-123, Hawaii Revised Statutes, is amended to read as follows:

"[[]§264-123[]] Authority to assess impact fees; needs assessment study. (a) A county may assess, impose, levy, collect, and transfer to the department impact fees for any development pursuant to ordinances adopted under section 46‑142 and this part, and the department is authorized to receive those funds for state highway improvements.

(b) Notwithstanding subsection (a) and section 46-142, the department may assess, impose, levy, and collect impact fees for capital costs relating to the development of state highway improvements when the department determines that a privately-owned roadway, which connects to a state highway that is commonly used by the public is a substantial danger to the public health and safety. Once the department makes the determination that a privately-owned roadway pursuant to this subsection is substantially dangerous to the public, the department may require the private roadway owner to address the issue causing the road to be substantially dangerous to the public.

[(b)] (c) Prior to the assessment, imposition, levy, collection, or transfer to the department of impact fees pursuant to this section, the director shall approve a needs assessment study that shall identify the kinds of state highway improvements for which the fees shall be imposed by the county pursuant to part VIII of chapter 46."

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 Statutory material to be repealed is bracketed and stricken.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

SECTION 4. This Act shall take effect on July 1, 2050.

Report Title:

DOT; Impact Fees; Private Roadways

Description:

Allows the department of transportation to assess impact fees for the repair or renovation of an unsafe, privately-owned roadway that connects to a state highway that is used by the public that is a substantial danger to public health and safety. Effective 7/1/2050. (SD1)

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