School impact fees: who must pay and who is exempt

[Repeal and reenactment on July 1, 2029. L 2025, c 268, §14.] (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 of the authority. (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; (4) Any development with an executed education contribution agreement or other like document with the agency for the contribution of school sites or payment of fees for school land or school construction; (5) Any housing project developed by the government; (6) Any housing project processed pursuant to sections 46-15.1 and 201H-38; (7) Any housing that meets the definition of affordable housing in sections 46-15.25 or 201H-57; (8) Any housing that is a single-room dwelling; (9) Any form of housing developed by the department of Hawaiian home lands for use by beneficiaries of the Hawaiian Homes Commission Act, 1920, as amended; and (10) Any form of development by the Hawaii community development authority pursuant to part XII of chapter 206E; and [(11)] Any form of development by the Hawaii housing finance and development corporation pursuant to part V of chapter 201H. (c) The authority shall adopt rules in accordance with chapter 91 governing the collection of school impact fees.