Bill Text: HI HB2538 | 2016 | Regular Session | Introduced
Bill Title: Urban School Impact District; Fee in Lieu Funds
Spectrum: Partisan Bill (Democrat 7-0)
Status: (Introduced - Dead) 2016-02-12 - Passed Second Reading as amended in HD 1 and referred to the committee(s) on WAL with none voting aye with reservations; none voting no (0) and Representative(s) Tokioka excused (1). [HB2538 Detail]
Download: Hawaii-2016-HB2538-Introduced.html
|
HOUSE OF REPRESENTATIVES |
H.B. NO. |
2538 |
|
TWENTY-EIGHTH LEGISLATURE, 2016 |
|
|
|
STATE OF HAWAII |
|
|
|
|
|
|
|
|
||
|
|
||
A BILL FOR AN ACT
relating to urban school impact districts.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Section 302A-1608, Hawaii Revised Statutes, is amended to read as follows:
"§302A-1608 Accounting and expenditure requirements. (a) Each designated school impact district shall be a separate benefit district. Fees collected within each school impact district shall be spent only within the same school impact district for the purposes collected.
(b) Land dedicated by the developer shall be used only as a site for the construction of one or more new schools or for the expansion of existing school facilities. If the land is never used for the school facility, it shall be returned to the developer, or the developer's successor in interest. Once used, the land may be sold, with the proceeds used to acquire land for school facilities in the same school impact district.
(c) If the land is not used for a school facility within twenty years of its dedication, it shall be returned to the developer, or the developer's successor in interest.
(d) Once used for school facilities, all or part of the land may be later sold. Proceeds from the sale shall be used to acquire land for school facilities in the same school impact district.
(e) Fee in lieu
funds may be used for school site land acquisition and related expenses,
including surveying, appraisals, and legal fees. [Fee] With the
exception of urban Honolulu, fee in lieu funds shall not be used for the
maintenance or operation of existing schools in the district[,];
construction costs, including architectural, permitting, or financing costs[,];
or for administrative expenses.
(f) Notwithstanding subsection (e), in urban Honolulu, fee in lieu funds may be used to purchase completed construction, construct new school facilities, improve or renovate existing structures for school use, or lease land or facilities for school use.
[(f)] (g)
Construction cost component impact fees shall be used only for the costs of new
school facilities that [expands] expand the student capacity of
existing schools or adds student capacity in new schools. Construction cost
component impact fees may not be used to replace an existing school located
within the same school impact district, either on the same site or on a
different site.
[(g)] (h) Eligible construction
costs include planning, engineering, architectural, permitting, financing, and
administrative expenses, and any other capital equipment expenses pertaining to
educational facilities.
[(h)] (i) Construction cost
component impact fees shall not be expended for:
(1) The maintenance or operation of existing schools in the district; or
(2) Portable or temporary facilities.
[(i)] (j) If a closure,
demolition, or conversion of an existing permanent department facility within a
school impact district that has the effect of reducing student capacity occurs,
an amount of new student capacity in permanent buildings equivalent to the lost
capacity shall not be funded with school impact fees.
[(j)] (k)
Fees in lieu, proceeds from the sale of all or part of an existing school site
that has been dedicated by a developer pursuant to the requirements of this
subpart, and construction cost component impact fees shall be expended or
encumbered within twenty years of the date of collection. Fees shall be
considered spent or encumbered on a first-in, first-out basis. An expenditure
plan for all collected impact fees shall be incorporated into the annual budget
process of the department and subject to legislative approval of the budget.
(l) As used in this section, "urban Honolulu" means the Kalihi to Ala Moana school impact district."
SECTION 2. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 3. This Act shall take effect upon its approval.
|
INTRODUCED BY: |
_____________________________ |
|
|
|
Report Title:
Urban School Impact District; Fee in Lieu Funds
Description:
Allows fee in lieu funds in the Kalihi to Ala Moana school impact district to be used to purchase completed construction, construct new school facilities, improve or renovate existing structures for school use, or lease land or facilities for school use.
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
