Hawaii SB 168: RELATING TO SCHOOL IMPACT FEES.

Bill Text

THE SENATE
THIRTY-THIRD LEGISLATURE, 2025
STATE OF HAWAII S.B. NO. Its
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JAN 1 5 2025
A BILL FORAN ACT
RELATING TO SCHOOL IMPACT FEES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The legislature finds that the existing
governance structure of the school impact fee program is
misaligned. The school facilities authority is responsible for
administering the school impact fee program. Therefore, it is
appropriate that the school facilities authority board be the
governing entity overseeing the program rather than the board of
education.
The purpose of this Act is to:
(1) Improve the alignment of the school impact fee
program's governance structure by placing oversight of
the program under the school facilities authority
board; and
(2) Allow the school facilities authority board to
dissolve a school impact district without a public
hearing.
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SECTION 2. Section 302A-1602, Hawaii Revised Statutes, is
amended by adding a new definition to be appropriately inserted
and to read as follows:
'"'Board" means the school facilities authority board
established by section 302A-1704."
SECTION 3. Section 302A-1604, Hawaii Revised Statutes, is
amended to read as follows:
"§302A-1604 Designation of school impact districts. (a)
The board shall designate a school impact district for school
impact fees only after holding at least one public hearing in
the area proposed for the school impact district. The written
analysis, prepared in accordance with subsection (b), shall be
made available to the public at least thirty days prior to the
public hearing. Notice of the public hearing shall be made as
provided in section 1-28.5. The notice shall include a map of
the proposed school impact district and the date, time, and
place of the public hearing.
(b) Prior to the designation of a school impact district,
the authority shall prepare a written analysis that contains the
following:
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(1) A map and legend describing the boundaries of the
proposed school impact district area, which may range
from one school to one or more high school complexes,
as well as maps and legends describing surrounding
districts and school enrollments at existing school
facilities in and around the school impact district;
(2) The need to construct new or expand existing school
facilities in the proposed school impact district area
within the next twenty-five years to accommodate
projected growth in the area based on various state
and county land use, demographics, growth, density,
and other applicable historical data projections and
plans;
(3) An analysis to determine appropriate student
generation rates by dwelling unit type for all new
residential developments in the school impact district
area to provide the basis for determining the steady
state enrollment generated by new residential
developments that will need to be accommodated. The
analysis shall also consider enrollment at existing
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school facilities, in and around the school impact
district;
(4) Student generation rates, based on full build-out of
the developments when student generation rates are
anticipated to be in a steady state mode;
(5) An analysis to estimate the number of students
generated by all new residential developments in the
school impact district at the point in time when the
total enrollment from these developments is
anticipated to peak. This information is required for
or related to the determination of the impact fee, and
will provide the basis for determining the maximum
enrollment generated by new residential developments
that will need to be accommodated in both permanent
facilities and portable buildings;
(6) Calculation of the current statewide level of service;
(7) An analysis of appropriate school land area, or other
appropriate state lands, and enrollment capacity,
which may include nontraditional (i.e., mid-rise or
high-rise structures) facilities to accommodate the
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need for public school facilities in high-growth areas
within existing urban developments;
(8) A statewide classroom use report, which shall include
the following:
(A) Current design enrollment per school (i.e.,
maximum number of students per classroom per
school);
(B) Current total student enrollment per school; and
(C) Current number of classrooms not being used for
active teaching; and
(9) An analysis including the advantages and disadvantages
of making more efficient use of existing or underused
assets in the school impact district through school
redistricting.
The analyses specified in paragraphs (3) and (6) s