Bill Text: HI SB579 | 2018 | Regular Session | Introduced
Bill Title: Relating To Housing.
Spectrum: Partisan Bill (Democrat 5-0)
Status: (Introduced - Dead) 2017-11-30 - Carried over to 2018 Regular Session. [SB579 Detail]
Download: Hawaii-2018-SB579-Introduced.html
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THE SENATE |
S.B. NO. |
579 |
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TWENTY-NINTH LEGISLATURE, 2017 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
relating to housing.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Section 46-142, Hawaii Revised Statutes, is amended to read as follows:
"§46-142 Authority to impose impact fees; enactment of ordinances required. (a) Impact fees may be assessed, imposed, levied, and collected by:
(1) Any county for any development, or portion thereof, not involving water supply or service; or
(2) Any board for any development, or portion thereof, involving water supply or service;
provided that the county enacts appropriate impact fee ordinances or the board adopts rules to effectuate the imposition and collection of the fees within their respective jurisdictions.
(b) Except for any ordinance governing impact fees enacted before July 1, 1993, impact fees may be imposed only for those types of public facility capital improvements specifically identified in a county comprehensive plan or a facility needs assessment study. The plan or study shall specify the service standards for each type of facility subject to an impact fee; provided that the standards shall apply equally to existing and new public facilities.
(c) No county shall assess, impose, levy, or collect an impact fee pursuant to this section on any form of housing project where at least a portion of the units are set aside for persons and families with incomes at or below one hundred forty per cent of the area median family income."
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) 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.
(c) No county shall assess, impose, levy, or collect an impact fee pursuant to this section on any form of housing project where at least a portion of the units are set aside for persons and families with incomes at or below one hundred forty per cent of the area median family income."
SECTION 3. Section 302A-1603, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:
"(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 form of housing project where at least a portion of the units are set aside for persons and families with incomes at or below one hundred forty per cent of the area median family income."
SECTION 4. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.
SECTION 5. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 6. This Act shall take effect upon its approval.
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INTRODUCED BY: |
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Report Title:
Affordable Housing; Impact Fees; Exemption
Description:
Exempts housing projects where at least a portion of the units are set aside for persons and families with incomes at or below one hundred forty per cent of the area median income from county, highway, and school impact fees.
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
