§302A-1611 Credits for excess contributions or advance payment of required construction cost component impact fees. (a) Any owner of a development subject to the construction cost component impact fee requirements pursuant to this subpart shall receive credit for any similar contribution, payment, or construction of public school facilities accepted and received by the authority for the portion of the development that is in excess of the impact fee required under this subpart for that development. No credit shall be authorized against the impact fees in lieu.
(b) A credit may be applied only against school impact fees that would otherwise be due for new residential developments for which the payment or contribution was agreed to in a written educational contribution agreement.
(c) Excess contribution credit may be applied to the construction cost component impact fee requirement for any future development by the same owner in the same school impact district, or with the written approval of the owner of the credit, to any future development by a different owner in the same school impact district.
(d) In addition to or instead of applying the credits to future developments, the authority may execute with an owner of the credits an agreement to provide for partial or full reimbursement from the impact fee payments collected from other developers within the same school impact district. The reimbursements shall not exceed the amount of the impact fee revenues available in the account for that school impact district.
(e) Any owner of a development shall receive credit for any part of its required construction cost component impact fee that, with the approval of the authority, is paid in advance of the time specified in the written agreement executed in accordance with section 302A-1607(h). The authority shall maintain an accounting of the amount of the credit applicable to the new residential development and shall reduce the amount of the credit by the amount of the impact fees that would otherwise be due for each building permit issued for the new residential development. After the credit balance is exhausted, no additional credits shall be applied to subsequent building permits issued within the new residential development.
(f) If private construction of school facilities is proposed by a developer after July 1, 2010, if the proposed construction is acceptable to the authority, and if the value of the proposed construction exceeds the total impact fees that would be due from the development, the authority shall execute with the developer an agreement to provide reimbursement for the excess credit from the impact fees collected from other developers within the same benefit district. For the purposes of this section, the private construction of school facilities is a "public work" pursuant to chapter 104. [L 2007, c 245, pt of §2; am L 2010, c 188, §14; am L 2020, c 72, §7; am L 2021, c 217, §12]
Structure Hawaii Revised Statutes
302A-121 Board of education; members; student and military representatives.
302A-122 Board of education; eligibility.
302A-123 Board of education; terms.
302A-124 Board of education; organization; quorum; meetings.
302A-125 Board of education; vacancies.
302A-126 Board of education; qualifications; administration priorities.
302A-127 Board of education; senate advice and consent.
302A-201 Statewide performance standards.
302A-251 School year; student hours.
302A-321 Standards-based curriculum.
302A-322 American Sign Language.
302A-323 Computer science; curricula plan; public schools.
302A-402 and 302A-403 REPEALED.
302A-405 School cafeterias; funds; expenditures.
302A-405.5 Hawaii farm to school program; farm to school coordinator.
302A-405.6 Farm to school meals.
302A-406 Transportation of school children.
302A-407 School bus contracts.
302A-407.5 School bus fare revolving fund.
302A-408 After-school and weekend programs.
302A-409 and 302A-410 REPEALED.
302A-411 Kindergarten program; establishment; attendance.
302A-412 Blind or visually handicapped concessionaires.
302A-414 Courses for instructors in driver education.
302A-415 Motor vehicles for driving instruction; purchase and sale.
302A-416 Driver education fee.
302A-417 Traffic safety education.
302A-418 and 302A-419 REPEALED.
302A-421 to 302A-423 REPEALED.
302A-425 Licensure of private trade, vocational, or technical school.
302A-426 Suspension and revocation of license; procedure.
302A-427 and 302A-428 REPEALED.
302A-430 Coverage for workers' compensation.
302A-431.5 to 302A-431.8 REPEALED.
302A-432 Adult and community education authorized.
302A-433 Scope of adult and community education programs offered.
302A-434 Advisory council for adult and community education.
302A-435 Financing adult and community education program.
302A-436 Departmental duty toward exceptional children.
302A-438 Facilities, service, when required.
302A-439 Eligibility standards.
302A-440 Coverage for workers' compensation of an exceptional child.
302A-441 Studies, surveys, rules.
302A-442.5 Instructional materials; exceptional children.
302A-444 to 302A-446 REPEALED.
302A-447 State student council.
302A-448 Schools; career pathways, academies, and programs; commercial enterprises.
302A-449 Title I-funded prekindergarten.
302A-450 Public prekindergarten classrooms; annual report to the legislature.
302A-461 Gender equity in athletics.
302A-464 to 302A-467 REPEALED.
302A-471 to 302A-475 REPEALED.
302A-482 Affidavit for caregiver consent.
302A-484 Transfer by the department of education.
302A-491 Power of attorney for special education.
302A-492 Revocation of the power of attorney for special education.
302A-493 Appointment of an educational representative; conditions.
302A-494 Reconsideration of the need for an educational representative.
302A-495 Decisions by guardian.
302A-496 Duties and roles of the agent and educational representative.
302A-497 Educational information.
302A-500 Prohibited activity; permitted disclosures and uses; limitations.
302A-602 Teachers; licenses and certificates.
302A-602.5 Certificates; revocation.
302A-603 Teaching without certificates or licenses; penalty.
302A-604 Complex area superintendents.
302A-605 Principals and vice-principals.
302A-608 Reemployed teachers; rights.
302A-609 Causes for discharge or demotion; preferred eligibility list.
302A-611 Authorized leaves of absence; tenure status unaffected.
302A-612 School teachers afflicted with tuberculosis.
302A-613 Exchange teachers and educational officers; terms of contract.
302A-614 Sabbatical leaves authorized.
302A-615 Pay while on sabbatical.
302A-616 Conditions of sabbatical leave of absence.
302A-618 Classification, teachers.
302A-619 Classification, educational officers.
302A-620 Classification/compensation appeals board; adjustments to classification/compensation plan.
302A-621 Salary; deputy superintendent, assistant superintendents, complex area superintendents.
302A-623 Salary ranges, educational officers.
302A-624 Teachers' salary schedule.
302A-625 Educational officers' salary schedules.
302A-627 Salary ratings of entering or reentering teachers; credit for military service.
302A-628 Change in classification.
302A-629 Educational officers; demotion, transfers.
302A-630 Teachers; additional benefits or credits.
302A-632 Additional benefits to certain school personnel and teachers.
302A-633.6 Allocations for coaches.
302A-634 and 302A-635 REPEALED.
302A-638 Evaluation of teachers and educational officers.
302A-639 Houseparents; statewide center for students with hearing and visual impairments.
302A-641 Meal count assistants, adult supervisors, and classroom cleaners; minimum wage.
302A-701 Incentive packages for quality teachers, principals, and vice-principals.
302A-702 Candidates for certification.
302A-703 Educational officers, salary incentives.
302A-704 Tuition assistance for exemplary teachers to attend the University of Hawaii.
302A-706 Teacher national board certification incentive program.
302A-707 Felix stipend program special fund.
302A-708 Career development opportunities.
302A-709 Computer science teacher development programs.
302A-801 Hawaii teacher standards board established.
302A-802 Licensing and certification standards; policies.
302A-803 Powers and duties of the board.
302A-804 Powers and duties of the department, commission, and charter schools.
302A-805 Teachers; license or permit required; renewals.
302A-805.6 Efforts related to teacher quality.
302A-807 Refusal, suspension, revocation, and reinstatement of licenses.
302A-832 Teachers' housing program; administration.
302A-833 Teachers' housing revolving fund.
302A-835 Annual review; disposal of units.
302A-851 Purpose; establishment of program.
302A-852 Teenage health program.
302A-853 Administration of medication.
302A-854 School health aides; compensation.
302A-856 Youth suicide awareness and prevention protocol.
302A-901 Specific definitions.
302A-1002 Reporting of crime-related incidents.
302A-1003 Indemnity upon reporting.
302A-1004 Educational accountability system; annual reports.
302A-1004.5 Accurate data reporting.
302A-1005 Reconstituting schools.
302A-1101 Department of education; board of education; superintendent of education.
302A-1102 Department of education; statewide administrative services.
302A-1105 and 302A-1106 REPEALED.
302A-1106.5 Board of education; community meetings.
302A-1107 to 302A-1109 REPEALED.
302A-1110 Educational districts not applicable.
302A-1111 Duties of superintendent.
302A-1114 Power of appointment, removal.
302A-1116 Authority to create temporary positions.
302A-1118 Publications by department.
302A-1120 Public library system; board control.
302A-1123, 302A-1123.5, and 302A-1123.6 REPEALED.
302A-1124 Mandate to initiate school community councils.
302A-1125 Educational objectives.
302A-1126 Waiver of policy, rule, or procedures.
302A-1128 Department powers and duties.
302A-1129 Schools; opening and closing.
302A-1130 Public schools special fees and charges.
302A-1130.6 Curricular materials fee special account.
302A-1132 Attendance compulsory; exceptions.
302A-1133.5 Parent and guardian accountability for compliance with student code of conduct.
302A-1134 Exclusion from school.
302A-1134.6 Zero tolerance policy
302A-1137 Attendance records; availability to authorized police officers.
302A-1138 Permit to leave grounds.
302A-1139 Religious education.
302A-1140 Religious holy days.
302A-1141 Punishment of pupils limited.
302A-1141.3 Use of seclusion, chemical restraint, or mechanical restraint prohibited.
302A-1143 Attending school in what service area.
302A-1143.5 Career and technical education programs; enrollment.
302A-1145 Transfer to another school.
302A-1147 Use of school grounds by county recreation departments.
302A-1148 Use of school facilities and grounds.
302A-1148.5 Use of school grounds; assumption of risk.
302A-1149 Use of school facilities for after-school child care.
302A-1149.5 After-school plus program revolving fund.
302A-1151 Sale of school lands unnecessary for school purposes.
302A-1151.2 School facilities subaccount.
302A-1151.5 Use of vacant public school facilities.
302A-1151.6 Parking; control by department.
302A-1152 Unauthorized vehicles on school or public library grounds.
302A-1153 Vandalism damage to public school property.
302A-1154 Immunization upon attending school; tuberculosis clearance.
302A-1155 Provisional attendance at school.
302A-1157 Exemptions from immunization; not recognized; epidemic conditions.
302A-1158 Immunization of indigent children.
302A-1159 Physical examination required.
302A-1160 Student's health record.
302A-1161 Notification for noncompliance.
302A-1165 Standardized assessment for students entering kindergarten.
302A-1166 Prior early learning programs attendance disclosure.
302A-1181 to 302A-1192 REPEALED.
302A-1301 School system financial accountability.
302A-1301.5 Curricular materials; digital format.
302A-1302 and 302A-1303 REPEALED.
302A-1303.5 Committee on weights.
302A-1303.6 Weighted student formula.
302A-1305 Inactive student activity accounts.
302A-1306 and 302A-1307 REPEALED.
302A-1310 Out-of-school time instructional programs; funds, expenditures.
302A-1311 Appropriations for trust funds of the department of education.
302A-1312 Six-year program and financial plan for school repair and maintenance.
302A-1314 Hawaii 3Ts school technology laboratories fund.
302A-1401 Administration and use of federal funds.
302A-1402 Custodian of federal funds.
302A-1403 Authority to secure federal funds.
302A-1404 Federal impact aid military liaison.
302A-1405 Federal grants revolving fund.
302A-1406 Department of education federal revenue maximization program revolving fund; established.
302A-1501, 302A-1501.5, and 302A-1502 REPEALED.
302A-1503 Donated school equipment and fixtures; repair and maintenance responsibility.
302A-1504.5 School-level minor repairs and maintenance special fund; reporting of carry over funds.
302A-1506 Public school facilities.
302A-1506.2 Property acquisition, use, and disposition.
302A-1507 Classroom cleaning project; established.
302A-1508 Education design and construction project assessment fund.
302A-1509 Environmentally-sensitive cleaning and maintenance products for use in public schools.
302A-1510 Sustainable schools initiative.
302A-1603 Applicability and exemptions.
302A-1604 Designation of school impact districts.
302A-1605 Impact fee analysis.
302A-1606 Land component impact fee; determining the amount of land or fee in lieu.
302A-1607 Construction cost component impact fee; determining the amount of the fee.
302A-1608 Accounting and expenditure requirements.
302A-1610 Credits for land dedication.
302A-1612 Use of data reflecting recent conditions in impact fee calculations.
302A-1702 School facilities authority; established.
302A-1704 School facilities authority board.
302A-1705 Use of public lands; acquisition of state lands.
302A-1706 School facilities special fund.
302A-1802 Student conference committee.
302A-1803 Duties of the student conference committee.
302A-1804 Student conference advisory committee.
302A-1902 Mark licensing agreement program; established.