Hawaii Revised Statutes Division 1. Government § 302A-1601

New residential developments within identified school impact districts create additional demand for public school facilities.  As such, once school impact districts are identified, new residential developments shall be required to contribute toward the construction of new or expansion of existing public school facilities through the land requirement, either through an in lieu fee or actual acreage (unless land is not required in the school impact district), based on each new residential development's proportionate share of the need to provide additional public school sites.

A study commissioned by the State has identified the land dedication requirement that is consistent with proportionate fair-share principles.

The State determines that new residential developments within designated school impact districts shall provide land for schools or pay a fee in lieu of land proportionate to the impacts of the new residential development on existing school facilities.

In determining the amounts of land component impact fees, the intent of the school impact fee calculations is that new residential developments should not be charged for a higher level of service than is being charged to existing developments.

This subpart establishes the methodology for developers to provide their proportionate share of the land needed for new or expanded school facilities to serve new residential developments, as determined in section 302A-1606.