reglab/statecodes huggingface dataset:
2023 Hawaii Revised Statutes › Title 6. County Organization and Administration › 46. General Provisions › 46-85 Contracts for solid waste disposal.

§46-85 Contracts for solid waste disposal.
Any other law to the contrary notwithstanding, a county is authorized from time to time to contract with users or operators of a project for the abatement, control, reduction, treatment, elimination, or disposal of solid waste, whether established or to be established under chapter 48E or as a public undertaking, improvement, or system under chapter 47 or 49, or otherwise. The contract may be included in an agreement, may be for such periods as agreed upon by the parties, and, without limiting the generality of the foregoing, may include:
(1) Provisions for the delivery to the project of minimum amounts of solid waste and payments for the use of the project based on the delivery of the minimum amounts (which payments the political subdivision may be obligated to make, whether or not such minimum amounts are actually delivered to the project);
(2) Unit prices, which may be graduated; and
(3) Adjustments of the minimum amounts and the unit prices.
The payments, unit prices, or adjustments need not be specifically stated in the contract but may be determined by formula if set forth in the contract. The contract may include provisions for arbitration and reasonable restrictions against other disposal by the county or by other public or private entities or persons over which the county shall have jurisdiction of the substances covered by the contract while the contract is in force and disposal under the contract is practicable. [L 1983, c 237, pt of §3]
Attorney General Opinions
The supreme court in Konno v. County of Hawaii rejected the county's §76-77(10) argument not because this section made no reference to civil service laws but because the court was not convinced that this section's authorization to contract applied to both garbage-to-energy plants and landfills. Att. Gen. Op. 97-6.
Case Notes
Landfill worker positions were within civil service where position not specifically exempted by another statute as provided by §76-77(10) and this section mentions nothing about civil service nor does it include a specific exemption. 85 H. 61, 937 P.2d 397.
2023 Hawaii Revised Statutes › Title 6. County Organization and Administration › 46. General Provisions › 46-86 Transactions for utility services.

§46-86 Transactions for utility services.
Any other law to the contrary notwithstanding, the disposal of solid waste by a county or project party is a utility service, but shall not place the county or project party in any way under the jurisdiction of the public utilities commission; provided that in the case of a project party, the project party shall not provide any utility services other than the disposal of solid waste or the sales of goods or commodities, including electric energy, produced by the operation of the pollution control project where such sales are made only to registered public utilities, industrial or commercial concerns, or counties or county agencies and not to the general public. If the project party is also a registered public utility, nothing contained in this section shall prohibit the sale of electric energy to the general public. [L 1983, c 237, pt of §3]
2023 Hawaii Revised Statutes › Title 6. County Organization and Administration › 46. General Provisions › 46-87 Liquidated damages.

§46-87 Liquidated damages.
Any other law to the contrary notwithstanding, a contract for the provision of utility services, goods, or commodities, including water or electrical energy, by a county or by a project party, may provide for the payment of liquidated damages by a purchaser or by the project party; provided that such liquidated damages provision shall be deemed reasonable and shall be enforceable if measured and established by reference to the proportionate relationship of the payments owed by the party subject to the liquidated damages provision to the total costs of the pollution control project, the cost of maintenance, operation, and repair thereof, and to the total operating capacity thereof. [L 1983, c 237, pt of §3]
2023 Hawaii Revised Statutes › Title 6. County Organization and Administration › 46. General Provisions › 46-89 Broadband-related permits; automatic approval.

§46-89 Broadband-related permits; automatic approval.
(a) A county shall approve, approve with modification, or disapprove all applications for broadband-related permits within sixty days of submission of a complete permit application and full payment of any applicable fee. If, on the sixty-first day, an application is not approved, approved with modification, or disapproved by the county, the application shall be deemed approved by the county.
(b) Permits issued pursuant to this section shall contain the following language: "This is a broadband-related permit issued pursuant to section 46-89, Hawaii Revised Statutes."
(c) An applicant and a public utility shall comply with all applicable safety and engineering requirements relating to the installation, improvement, construction, or development of infrastructure relating to broadband service or broadband technology.
(d) No action shall be prosecuted or maintained against any county, its officials, or employees on account of actions taken in reviewing, approving, modifying, or disapproving a permit application pursuant to this section, or against public utilities resulting from such actions.
(e) The sixty day time period established by subsection (a) shall be extended in the event of a natural disaster, state emergency, or union strike that prevents the applicant, agency, or department from fulfilling application review requirements.
(f) If an application is incomplete, the county agency shall notify the applicant in writing within ten business days of submittal of the application. The notice shall inform the applicant of the specific requirements necessary to complete the application. The sixty-first day automatic approval provisions under subsection (a) shall continue to apply to the application only if the applicant satisfies the specific requirements of the notice and submits a complete application within five business days of receipt of the notice.
(g) Nothing in this section shall affect the provisions of section 3 of Act 151, Session Laws of Hawaii 2011.
(h) For the purposes of this section, "broadband-related permits" means all county permits required to commence actions with respect to the installation, improvement, construction, or development of infrastructure relating to broadband service or broadband technology, including the interconnection of telecommunications cables, cable installation, tower construction, placement of broadband equipment in the road rights-of-way, and undersea boring, or the landing of an undersea communications cable. The term does not include any county permit for which the approval of a federal agency is explicitly required pursuant to federal law, rule, or regulation, prior to granting final permit approval by the county. [L 2013, c 264, § §2, 5; am L 2016, c 193, §2]
Note
L 2011, c 151, §3, referred to in subsection (g), was amended by L 2013, c 264, §3.
2023 Hawaii Revised Statutes › Title 6. County Organization and Administration › 46. General Provisions › 46-103 Establishment of tax increment district.

§46-103 Establishment of tax increment district.
Any county council may provide for tax increment financing by approving a tax increment financing plan and adopting an ordinance establishing the tax increment district. The ordinance shall:
(1) Describe the boundaries of the tax increment district;
(2) Provide for the date of commencement of the tax increment district and date of termination of the district;
(3) Provide for the establishment of a tax increment fund for the district; and
(4) Provide for such other matters deemed to be pertinent and desirable for tax increment financing and not inconsistent with any relevant redevelopment plan, community development plan, high technology park plan, or telecommunication development plan. [L 1985, c 267, pt of §1; am L 1987, c 248, §3]
2023 Hawaii Revised Statutes › Title 6. County Organization and Administration › 46. General Provisions › 46-104 County powers.

§46-104 County powers.
A county may exercise any power necessary and convenient to establish tax increment districts, including the power to:
(1) Create tax increment districts and determine the boundaries of the districts;
(2) Issue tax increment bonds;
(3) Deposit tax increments into the tax increment fund created for a tax increment district; and
(4) Enter into agreements, including agreements with the redevelopment agency and owners or developers of project lands and bondholders, determined to be necessary or convenient to implement redevelopment plans or community development plans, as the case may be, and achieve their purposes. [L 1985, c 267, pt of §1; am L 1987, c 248, §4]
2023 Hawaii Revised Statutes › Title 6. County Organization and Administration › 46. General Provisions › 46-105 Collection of tax increments.

§46-105 Collection of tax increments.
(a) The county by ordinance shall provide for the allocation of real property taxes and tax increments in the manner required by this part.
(b) If a county exercises the power allowed under this part, then commencing with the first payment of real property taxes levied by the county subsequent to the time a tax increment district takes effect, receipts from real property taxes shall be allocated and paid over as follows:
(1) The amount of real property tax produced from the assessment base shall be paid to the county general fund; and
(2) The tax increments produced from the assessment increment in the tax increment district shall be applied as follows:
(A) First, an amount equal to the installment of (i) principal and interest falling due of any tax increment bonds, or (ii) any project cost approved by the county, shall be deposited into the tax increment fund established for the tax increment district.
(B) Second, an amount equal to the adjustment rate times the amount of real property tax produced from the assessment base shall be computed and paid to the county general fund.
(C) Third, the remaining amount of tax increments, if any, shall be deposited into the tax increment fund established for the tax increment district.
(c) The allocation of real property taxes pursuant to this part shall in no way limit the power of the county under section 47-12 to levy ad valorem taxes without limitation as to rate or amount on all real property subject to taxation by the county for the payment of the principal and interest of its general obligation bonds. [L 1985, c 267, pt of §1; am L 1990, c 34, §5]
2023 Hawaii Revised Statutes › Title 6. County Organization and Administration › 46. General Provisions › 46-107 Tax increment bond anticipation notes.

§46-107 Tax increment bond anticipation notes.
Whenever the county has authorized the issuance of tax increment bonds under this part, tax increment bond anticipation notes of the county may be issued in anticipation of the issuance of such bonds and of the receipt of the proceeds of sale thereof, for the purposes for which such bonds have been authorized. All tax increment bond anticipation notes shall be authorized by the county, and the maximum principal amount of such notes shall not exceed the authorized principal amount of the bonds. The notes shall be payable solely from and secured solely by the proceeds of sale of the tax increment bonds in anticipation of which the notes are issued and the moneys in the tax increment fund from which would be payable and by which would be secured such bonds; provided that to the extent that the principal of the notes shall be paid from moneys other than the proceeds of sale of such bonds, the maximum amount of bonds authorized in anticipation of which the notes are issued shall be reduced by the amount of notes paid in such manner. The authorization, issuance, and details of such notes shall be governed by this part with respect to tax increment bonds insofar as the same may be applicable; provided that each note, together with renewals and extensions thereof, or refundings thereof by other notes issued under this section, shall mature within five years from the date of the original note. [L 1985, c 267, pt of §1]
2023 Hawaii Revised Statutes › Title 6. County Organization and Administration › 46. General Provisions › 46-108 Annual report.

§46-108 Annual report.
The county council by ordinance may require the director of finance to prepare a report to the county council on the status of the tax increment district. The county council shall determine what information and data are required to be included in the report. [L 1985, c 267, pt of §1]
2023 Hawaii Revised Statutes › Title 6. County Organization and Administration › 46. General Provisions › 46-109 Termination of a tax increment district.

§46-109 Termination of a tax increment district.
A tax increment district shall terminate at the time designated in the ordinance creating the district or at an earlier time designated by a subsequent ordinance, but in no event shall the district terminate until such time as all project costs and tax increment bonds issued for the district and the interest thereon, have been paid in full, or sufficient funds have been irrevocably deposited in a special fund or other escrow account held in trust for all outstanding tax increment bonds issued for such district to provide for the payment of such bonds at maturity or date of redemption and interest and premium, if any, thereon. [L 1985, c 267, pt of §1]
2023 Hawaii Revised Statutes › Title 6. County Organization and Administration › 46. General Provisions › 46-110 Tax increment fund.

§46-110 Tax increment fund.
(a) Money shall be disbursed from the tax increment fund for a tax increment district only to satisfy the claims of holders of tax increment bonds issued for the tax increment district or to pay project costs for the district, or to make payments to the county as provided by subsection (c).
(b) Subject to an agreement with the holders of tax increment bonds, money in a tax increment fund may be temporarily invested in the same manner as other funds of the county.
(c) In any year in which the tax increment exceeds the amount necessary to pay all project costs and all installments of principal and interest of tax increment bonds issued for a tax increment district falling due and the amount paid to the county general fund pursuant to section 46-105(b)(2)(B), and subject to any agreement with bondholders, any excess money in the fund at the option of the county council, shall be used to redeem or purchase any outstanding tax increment bonds issued for the district, discharge the pledge of tax increment therefor, be paid into an escrow account dedicated to the payment of such bonds, be paid over to the county general fund, or any combination thereof. [L 1985, c 267, pt of §1]
2023 Hawaii Revised Statutes › Title 6. County Organization and Administration › 46. General Provisions › 46-111 Computation of tax increment.

§46-111 Computation of tax increment.
(a) Upon or after creation of a tax increment district, the director of finance of the county in which the district is situated shall certify the assessment base of the tax increment district and shall certify in each year thereafter the amount by which the assessment base has increased or decreased as a result of a change in tax exempt status of property within the district, or reduction or enlargement of the district. The amount to be added to the assessment base of the district as a result of previously tax exempt real property within the district becoming taxable shall be equal to the assessed value of the real property as most recently assessed or, if the assessment was made more than one year prior to the date of transfer rendering the property taxable, the value which shall be assessed by the director of finance at the time of such transfer. The amount to be added to the assessment base of the district as a result of enlargements thereof shall be equal to the assessed value of the additional real property as most recently certified by the director of finance as of the date of modification of the tax increment financing plan. The amount to be subtracted from the assessment base of the district as a result of previously taxable real property within the district becoming tax exempt, or a reduction in the geographic area of the district, shall be the amount of assessment base initially attributed to the property becoming tax exempt or being removed from the district.
If the assessed value of property located within the tax increment district is reduced by reason of a court-ordered abatement, stipulated agreement, or voluntary abatement made by the director of finance, the reduction shall be applied to the assessment base of the district when the property upon which the abatement is made has not been improved since the date of creation of the district, and to the assessment increment of the district in each year thereafter when the abatement relates to improvements made after the date of creation.
(b) The director of finance shall certify the amount of the assessment increment to the county and redevelopment agency each year, together with the proportion that the assessment increment bears to the total assessed value of the real property within the tax increment district for that year. [L 1985, c 267, pt of §1]
Revision Note
Subsection (a) designation added.
2023 Hawaii Revised Statutes › Title 6. County Organization and Administration › 46. General Provisions › 46-112 Tax on leased redevelopment property.

§46-112 Tax on leased redevelopment property.
Whenever property in the tax increment district has been redeveloped and thereafter is leased by the county or redevelopment agency to any person or whenever the county or agency leases real property in any tax increment district to any person for redevelopment, the property shall be assessed and taxed in the same manner as privately owned property, and the lease or contract shall provide that the lessee shall pay taxes upon the assessed value of the entire property and not merely the assessed value of the lessee's leasehold interest. [L 1985, c 267, pt of §1]
2023 Hawaii Revised Statutes › Title 6. County Organization and Administration › 46. General Provisions › 46-113 Cumulative effect.

§46-113 Cumulative effect.
Neither this part nor anything contained in this part shall be construed as a restriction or limitation upon any power which a county might otherwise have under any law of this State, but shall be construed as cumulative. The authorization granted may be carried out by the county council acting at any regular or special meeting. [L 1985, c 267, pt of §1]
2023 Hawaii Revised Statutes › Title 6. County Organization and Administration › 46. General Provisions › 46-122 Definitions.

§46-122 Definitions.
The following terms when used in this chapter shall have the following respective meanings:
"County executive agency" means any department, office, board, or commission of a county.
"County legislative body" means the city council or county council of a county.
"Person" means an individual, group, partnership, firm, association, corporation, trust, governmental agency, governmental official, administrative body, or tribunal or any form of business or legal entity.
"Principal" means a person who has entered into a development agreement pursuant to the procedures specified in this chapter, including a successor in interest. [L 1985, c 48, pt of §1]
Revision Note
Definitions rearranged.
2023 Hawaii Revised Statutes › Title 6. County Organization and Administration › 46. General Provisions › 46-123 General authorization.

§46-123 General authorization.
Any county by ordinance may authorize the executive branch of the county to enter into a development agreement with any person having a legal or equitable interest in real property, for the development of such property in accordance with this part; provided that such an ordinance shall:
(1) Establish procedures and requirements for the consideration of development agreements upon application by or on behalf of persons having a legal or equitable interest in the property, in accordance with this part;
(2) Designate a county executive agency to administer the agreements after such agreements become effective;
(3) Include provisions to require the designated agency to conduct a review of compliance with the terms and conditions of the development agreement, on a periodic basis as established by the development agreement; and
(4) Include provisions establishing reasonable time periods for the review and appeal of modifications of the development agreement. [L 1985, c 48, pt of §1]
2023 Hawaii Revised Statutes › Title 6. County Organization and Administration › 46. General Provisions › 46-124 Negotiating development agreements.

§46-124 Negotiating development agreements.
The mayor or the designated agency appointed to administer development agreements may make such arrangements as may be necessary or proper to enter into development agreements, including negotiating and drafting individual development agreements; provided that the county has adopted an ordinance pursuant to section 46-123.
The final draft of each individual development agreement shall be presented to the county legislative body for approval or modification prior to execution. To be binding on the county, a development agreement must be approved by the county legislative body and executed by the mayor on behalf of the county. County legislative approval shall be by resolution adopted by a majority of the membership of the county legislative body. [L 1985, c 48, pt of §1]
2023 Hawaii Revised Statutes › Title 6. County Organization and Administration › 46. General Provisions › 46-125 Periodic review; termination of agreement.

§46-125 Periodic review; termination of agreement.
(a) If, as a result of a periodic review, the designated agency finds and determines that the principal has committed a material breach of the terms or conditions of the agreement, the designated agency shall serve notice in writing, within a reasonable time period after the periodic review, upon the principal setting forth with reasonable particularity the nature of the breach and the evidence supporting the finding and determination, and providing the principal a reasonable time period in which to cure such material breach.
(b) If the principal fails to cure the material breach within the time period given, then the county unilaterally may terminate or modify the agreement; provided that the designated agency has first given the principal the opportunity, (1) to rebut the finding and determination; or (2) to consent to amend the agreement to meet the concerns of the designated agency with respect to the finding and determination. [L 1985, c 48, pt of §1]
2023 Hawaii Revised Statutes › Title 6. County Organization and Administration › 46. General Provisions › 46-126 Development agreement; provisions.

§46-126 Development agreement; provisions.
(a) A development agreement shall:
(1) Describe the land subject to the development agreement;
(2) Specify the permitted uses of the property, the density or intensity of use, and the maximum height and size of proposed buildings;
(3) Provide, where appropriate, for reservation or dedication of land for public purposes as may be required or permitted pursuant to laws, ordinances, resolutions, rules, or policies in effect at the time of entering into the agreement; and
(4) Provide a termination date; provided that the parties shall not be precluded from extending the termination date by mutual agreement or from entering subsequent development agreements.
(b) The development agreement may provide commencement dates and completion dates; provided that such dates as may be set forth in the agreement may be extended at the discretion of the county at the request of the principal upon good cause shown subject to subsection (a)(4).
(c) The development agreement also may cover any other matter not inconsistent with this chapter, nor prohibited by law.
(d) In addition to the county and principal, any federal, state, or local government agency or body may be included as a party to the development agreement. If more than one government body is made party to an agreement, the agreement shall specify which agency shall be responsible for the overall administration of the agreement. [L 1985, c 48, pt of §1]
2023 Hawaii Revised Statutes › Title 6. County Organization and Administration › 46. General Provisions › 46-127 Enforceability; applicability.

§46-127 Enforceability; applicability.
(a) Unless terminated pursuant to section 46-125 or unless canceled pursuant to section 46-130, a development agreement, amended development agreement, or modified development agreement once entered into, shall be enforceable by any party thereto, or their successors in interest, notwithstanding any subsequent change in any applicable law adopted by the county entering into such agreement, which alter or amend the laws, ordinances, resolutions, rules, or policies specified in this part.
(b) All laws, ordinances, resolutions, rules, and policies governing permitted uses of the land that is the subject of the development agreement, including but not limited to uses, density, design, height, size, and building specification of proposed buildings, construction standards and specifications, and water utilization requirements applicable to the development of the property subject to a development agreement, shall be those laws, ordinances, resolutions, rules, regulations, and policies made applicable and in force at the time of execution of the agreement, notwithstanding any subsequent change in any applicable law adopted by the county entering into such agreement, which alter or amend the laws, ordinances, resolutions, rules, or policies specified in this part and such subsequent change shall be void as applied to property subject to such agreement to the extent that it changes any law, ordinance, resolution, rule, or policy which any party to the agreement has agreed to maintain in force as written at the time of execution; provided that a development agreement shall not prevent a government body from requiring the principal from complying with laws, ordinances, resolutions, rules, and policies of general applicability enacted subsequent to the date of the development agreement if they could have been lawfully applied to the property which is the subject of the development agreement at the time of execution of the agreement if the government body finds it necessary to impose the requirements because a failure to do so would place the residents of the subdivision or of the immediate community, or both, in a condition perilous to the residents' health or safety, or both. [L 1985, c 48, pt of §1]
2023 Hawaii Revised Statutes › Title 6. County Organization and Administration › 46. General Provisions › 46-129 County general plan and development plans.

§46-129 County general plan and development plans.
No development agreement shall be entered into unless the county legislative body finds that the provisions of the proposed development agreement are consistent with the county's general plan and any applicable development plan, effective as of the effective date of the development agreement. [L 1985, c 48, pt of §1]
2023 Hawaii Revised Statutes › Title 6. County Organization and Administration › 46. General Provisions › 46-130 Amendment or cancellation.

§46-130 Amendment or cancellation.
A development agreement may be amended or canceled, in whole or in part, by mutual consent of the parties to the agreement, or their successors in interest; provided that if the county determines that a proposed amendment would substantially alter the original development agreement, a public hearing on the amendment shall be held by the county legislative body before it consents to the proposed amendment. [L 1985, c 48, pt of §1]
2023 Hawaii Revised Statutes › Title 6. County Organization and Administration › 46. General Provisions › 46-132 Filing or recordation.

§46-132 Filing or recordation.
The designated agency shall be responsible to file or record a copy of the development agreement or an amendment to such agreement in the office of the assistant registrar of the land court of the State of Hawaii or in the bureau of conveyances, or both, whichever is appropriate, within twenty days after the county enters into a development agreement or an amendment to such an agreement. The burdens of the agreement shall be binding upon, and the benefits of the agreement shall inure to, all successors in interest to the parties to the agreement. [L 1985, c 48, pt of §1]
2023 Hawaii Revised Statutes › Title 6. County Organization and Administration › 46. General Provisions › 46-142 Authority to impose impact fees; enactment of ordinances required.

§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. [L 1992, c 282, pt of §2; am L 1996, c 175, §1; am L 2001, c 235, §2]
Cross References
Impact fees for highway improvements, see § §264-121 to 127.
2023 Hawaii Revised Statutes › Title 6. County Organization and Administration › 46. General Provisions › 46-142.5 School impact districts; new building permit requirements.

§46-142.5 School impact districts; new building permit requirements.
No new residential development in a designated school impact district under chapter 302A shall be issued a residential building permit or condominium property regime building permit until the department of education provides written confirmation that the permit applicant has fulfilled its school impact fee requirements. This section shall only apply to new dwelling units. [L 2007, c 245, §3]
Cross References
Impact fees for public highways, see § §264-121 to 127.
2023 Hawaii Revised Statutes › Title 6. County Organization and Administration › 46. General Provisions › 46-143 Impact fee calculation.

§46-143 Impact fee calculation.
(a) A county council or board considering the enactment or adoption of impact fees shall first approve a needs assessment study that shall identify the kinds of public facilities for which the fees shall be imposed. The study shall be prepared by an engineer, architect, or other qualified professional and shall identify service standard levels, project public facility capital improvement needs, and differentiate between existing and future needs.
(b) The data sources and methodology upon which needs assessments and impact fees are based shall be set forth in the needs assessment study.
(c) The pro rata amount of each impact fee shall be based upon the development and actual capital cost of public facility expansion, or a reasonable estimate thereof, to be incurred.
(d) An impact fee shall be substantially related to the needs arising from the development and shall not exceed a proportionate share of the costs incurred or to be incurred in accommodating the development. The following seven factors shall be considered in determining a proportionate share of public facility capital improvement costs:
(1) The level of public facility capital improvements required to appropriately serve a development, based on a needs assessment study that identifies:
(A) Deficiencies in existing public facilities;
(B) The means, other than impact fees, by which existing deficiencies will be eliminated within a reasonable period of time; and
(C) Additional demands anticipated to be placed on specified public facilities by a development;
(2) The availability of other funding for public facility capital improvements, including but not limited to user charges, taxes, bonds, intergovernmental transfers, and special taxation or assessments;
(3) The cost of existing public facility capital improvements;
(4) The methods by which existing public facility capital improvements were financed;
(5) The extent to which a developer required to pay impact fees has contributed in the previous five years to the cost of existing public facility capital improvements and received no reasonable benefit therefrom, and any credits that may be due to a development because of such contributions;
(6) The extent to which a developer required to pay impact fees over the next twenty years may reasonably be anticipated to contribute to the cost of existing public facility capital improvements through user fees, debt service payments, or other payments, and any credits that may accrue to a development because of future payments; and
(7) The extent to which a developer is required to pay impact fees as a condition precedent to the development of non-site related public facility capital improvements, and any offsets payable to a developer because of this provision.
(e) The impact fee ordinance shall contain a provision setting forth the process by which a developer may contest the amount of the impact fee assessed. [L 1992, c 282, pt of §2; am L 2001, c 235, §3; am L 2004, c 155, §3]
2023 Hawaii Revised Statutes › Title 6. County Organization and Administration › 46. General Provisions › 46-144 Collection and expenditure of impact fees.

§46-144 Collection and expenditure of impact fees.
Collection and expenditure of impact fees assessed, imposed, levied, and collected for development shall be reasonably related to the benefits accruing to the development. To determine whether the fees are reasonably related, the impact fee ordinance or board rule shall provide that:
(1) Upon collection, the fees shall be deposited in a special trust fund or interest-bearing account. The portion that constitutes recoupment may be transferred to any appropriate fund;
(2) Collection and expenditure shall be localized to provide a reasonable benefit to the development. A county or board shall establish geographically limited benefit zones for this purpose; provided that zones shall not be required if a reasonable benefit can be otherwise derived. Benefit zones shall be appropriate to the particular public facility and the county or board. A county or board shall explain in writing and disclose at a public hearing reasons for establishing or not establishing benefit zones;
(3) Except for recoupment, impact fees shall not be collected from a developer until approval of a needs assessment study that sets out planned expenditures bearing a substantial relationship to the needs or anticipated needs created by the development;
(4) Impact fees shall be expended for public facilities of the type for which they are collected and of reasonable benefit to the development; and
(5) Within six years of the date of collection, the impact fees shall be expended or encumbered for the construction of public facility capital improvements that are consistent with the needs assessment study and of reasonable benefit to the development. [L 1992, c 282, pt of §2; am L 2001, c 235, §4]
2023 Hawaii Revised Statutes › Title 6. County Organization and Administration › 46. General Provisions › 46-145 Refund of impact fees.

§46-145 Refund of impact fees.
(a) If impact fees are not expended or encumbered within the period established in section 46-144, the county or the board shall refund to the developer or the developer's successor in title the amount of fees paid and any accrued interest. Application for a refund shall be submitted to the county or the board within one year of the date on which the right to claim arises. Any unclaimed refund shall be retained in the special trust fund or interest bearing account and be expended as provided in section 46-144.
(b) If a county or board seeks to terminate impact fee requirements, all unexpended or unencumbered funds shall be refunded as provided in subsection (a) and the county or board shall give public notice of termination and availability of refunds at least two times. All funds available for refund shall be retained for a period of one year at the end of which any remaining funds may be transferred to:
(1) The county's general fund and expended for any public purpose not involving water supply or service as determined by the county council; or
(2) The board's general fund and expended for any public purpose involving water supply or service as determined by the board.
(c) Recoupment shall be exempt from subsections (a) and (b). [L 1992, c 282, pt of §2; am L 1998, c 2, §14; am L 2001, c 235, §5]
2023 Hawaii Revised Statutes › Title 6. County Organization and Administration › 46. General Provisions › 46-146 Time of assessment and collection of impact fees.

§46-146 Time of assessment and collection of impact fees.
Assessment of impact fees shall be a condition precedent to the issuance of a grading or building permit and shall be collected in full before or upon issuance of the permit. [L 1992, c 282, pt of §2]
2023 Hawaii Revised Statutes › Title 6. County Organization and Administration › 46. General Provisions › 46-147 Effect on existing ordinances.

§46-147
Effect on existing ordinances.
This part shall not invalidate any impact fee ordinance existing on June 19, 1992. [L 1992, c 282, pt of §2]
Revision Note
"Part" substituted for "chapter".
"June 19, 1992" substituted for "the effective date of this Act".
2023 Hawaii Revised Statutes › Title 6. County Organization and Administration › 46. General Provisions › 46-148 Transitions.

§46-148 Transitions.
Any county requiring impact fees or imposing development exactions, in order to fund public facilities, shall incorporate fee requirements into their broader system of development and land use regulations in such a manner that developments, either collectively or individually, are not required to pay or otherwise contribute more than a proportionate share of public facility capital improvements. Development contributions or payments made under a development agreement, pursuant to section 46-123, are exempted from this requirement. [L 1992, c 282, pt of §2]
2023 Hawaii Revised Statutes › Title 6. County Organization and Administration › 46. General Provisions › 46-161 Findings and purpose.

§46-161
Findings and purpose.
The legislature finds that there is a need to clarify the authority of the counties to exercise the power to transfer development rights within a comprehensive planning program to:
(1) Protect the natural, scenic, recreational, and agricultural qualities of open lands including critical resource areas;
(2) Enhance sites and areas of special character or special historical, cultural, aesthetic, or economic interest or value; and
(3) Protect from development lands that are vulnerable to impacts and hazards from sea level rise, coastal erosion, storm surge, and flooding associated with climate change.
The legislature finds that transfer of development rights programs can help to ensure proper growth, while protecting open and distinctive areas and spaces of varied size and character, including many areas that have significant agricultural, ecological, scenic, historical, aesthetic, or economic value. These areas, if preserved and maintained in their present state, would constitute important physical, social, aesthetic, or economic assets to existing or impending urban and metropolitan development. The legislature further finds that the transfer of development rights from lands vulnerable to or adversely affected by sea level rise, coastal erosion, storm surge, or flooding to lands that are not at risk from these hazards would reduce property losses and result in long-term economic and fiscal benefits to communities and government. The legislature also finds that transferring development rights is a useful technique to achieve community objectives. Properly utilized, the concept can be fully consistent with comprehensive planning requirements. The legislature further finds and declares that the concept, utilizing the normal market in land, can provide a mechanism of just compensation to owners of property to be protected or preserved. [L 1998, c 296, pt of §1; am L 2022, c 223, §2]
2023 Hawaii Revised Statutes › Title 6. County Organization and Administration › 46. General Provisions › 46-162 Definitions.

§46-162 Definitions.
As used in this part, unless the context clearly requires otherwise:
"Council" means the county council.
"Development rights" means the rights permitted for a lot, parcel, or area of land under a zoning ordinance or local law respecting permissible use, area, density, bulk, or height of improvements thereon. Development rights may be calculated and allocated in accordance with factors such as area, floor area ratios, density, height limitations, or any other criteria that will effectively quantify a value for the development right in a reasonable and uniform manner that will carry out the objectives of this part.
"Receiving district" means one or more designated districts or areas of land to which development rights generated from one or more sending districts may be transferred and in which increased development is permitted to occur by reason of this transfer.
"Sending district" means one or more designated districts or areas of land in which development rights may be designated for use in one or more receiving districts.
"Transfer of development rights" means the process by which development rights are transferred from one lot, parcel, or area of land in any sending district to another lot, parcel, or area of land in one or more receiving districts.
[L 1998, c 296, pt of §1]
2023 Hawaii Revised Statutes › Title 6. County Organization and Administration › 46. General Provisions › 46-163 Conditions for the transfer of development rights.

§46-163 Conditions for the transfer of development rights.
In addition to any existing power, duty, and authority of the counties to regulate land uses by planning or zoning, the counties are hereby authorized to transfer and regulate the transfer of development rights, subject to the conditions set forth under this part, as well as planning laws, zoning laws, and any other conditions as the legislative body of each county deems necessary and appropriate. The purpose of providing for transfer of development rights shall be to:
(1) Protect the natural, scenic, and agricultural qualities of open lands;
(2) Enhance sites and areas of special character or special historical, cultural, aesthetic, or economic interest or value;
(3) Protect lands at risk from sea level rise, coastal erosion, storm surge, or flooding; and
(4) Enable and encourage flexibility of design and careful management of land in recognition of land as a basic and valuable natural resource.
[L 1998, c 296, pt of §1; am L 2022, c 223, §3]
Revision Note
Subsection designation deleted pursuant to §23G-15(1).
2023 Hawaii Revised Statutes › Title 6. County Organization and Administration › 46. General Provisions › 46-172 Civil actions for false claims.

§46-172 Civil actions for false claims.
The county corporation counsel or county attorney shall investigate any violation under section 46-171. If the corporation counsel or county attorney finds that a person has violated or is violating section 46-171, the corporation counsel or county attorney may bring a civil action under this section. [L 2001, c 227, pt of §1]
2023 Hawaii Revised Statutes › Title 6. County Organization and Administration › 46. General Provisions › 46-174 Statute of limitations.

§46-174 Statute of limitations.
An action for false claims to a county pursuant to this part shall be brought within six years after the false claim is discovered or by exercise of reasonable diligence should have been discovered and, in any event, no more than ten years after the date on which the violation of section 46-171 is committed. [L 2001, c 227, pt of §1]
2023 Hawaii Revised Statutes › Title 6. County Organization and Administration › 46. General Provisions › 46-175 Action by private persons.

§46-175 Action by private persons.
(a) A person may bring a civil action for a violation of section 46-171 for the person and for a county. The action shall be brought in the name of the county. The action may be dismissed only with the written consent of the court, taking into account the best interests of the parties involved and the public purposes behind this part.
(b) A copy of the complaint and written disclosure of substantially all material evidence and information the person possesses shall be served on the county in accordance with the Hawaii rules of civil procedure. The complaint:
(1) Shall be filed in camera;
(2) Shall remain under seal for at least sixty days; and
(3) Shall not be served on the defendant until the court so orders.
The county may elect to intervene and proceed with the action within sixty days after it receives both the complaint and the material evidence and information.
(c) The county, for good cause shown, may move the court for extensions of the time during which the complaint remains under seal under subsection (b). Any such motions may be supported by affidavits or other submissions in camera. The defendant shall not be required to respond to any complaint filed under this section until twenty days after the complaint is unsealed and served upon the defendant in accordance with the Hawaii rules of civil procedure.
(d) Before the expiration of the sixty-day period or any extension obtained, the county shall:
(1) Proceed with the action, in which case the action shall be conducted by the county and the seal shall be lifted; or
(2) Notify the court that it declines to take over the action, in which case the person bringing the action shall have the right to conduct the action and the seal shall be lifted.
(e) When a person brings an action under this section, no person other than the county may intervene or bring a related action based on the facts underlying the pending action. [L 2001, c 227, pt of §1]
2023 Hawaii Revised Statutes › Title 6. County Organization and Administration › 46. General Provisions › 46-179 Fees and costs of litigation.

§46-179 Fees and costs of litigation.
A county shall not be liable for expenses or fees, including attorney fees, that a person incurs in bringing an action under this part and shall not elect to pay those expenses or fees. [L 2001, c 227, pt of §1]
2023 Hawaii Revised Statutes › Title 6. County Organization and Administration › 46. General Provisions › 46-180 Relief from retaliatory actions.

§46-180 Relief from retaliatory actions.
(a) Notwithstanding any law to the contrary, any employee, contractor, or agent shall be entitled to all relief necessary to make that employee, contractor, or agent whole, if that employee, contractor, or agent is discharged, demoted, suspended, threatened, harassed, or in any other manner discriminated against in the terms and conditions of employment, contract, or agency relationship because of lawful acts done by the employee, contractor, agent, or associated others in furtherance of an action under section 46-175 or other efforts to stop or address any conduct described in section 46-171(a).
(b) Relief under subsection (a) shall include reinstatement with the same seniority status that the employee, contractor, or agent would have had but for the discrimination, two times the amount of back pay, interest on the back pay, and compensation for any special damages sustained as a result of the discrimination, including litigation costs and reasonable attorney's fees. An action for relief from retaliatory actions under subsection (a) may be brought in the appropriate court of this State for the relief provided in this part.
(c) An action for relief from retaliatory actions under subsection (a) shall be brought within three years of the retaliatory conduct upon which the action is based. [L 2012, c 294, pt of §1]