ANALYSIS OF THE CENTRAL MAUI SCHOOL IMPACT DISTRICT This report was prepared in accordance with Act 245, Session Laws of Hawaii 2007 and Act 188, Session Laws of Hawaii 2010 The Department of Education held a public hearing on the Central Maui School Impact District on October 27, 2010 at the Pomaikai Elementary School. Comments on the Central Maui School Impact District can be emailed to
[email protected]. 2 THE CENTRAL MAUI IMPACT DISTRICT I. Introduction and Background Since the early 1980’s, residential developers have been required to provide land and money for public schools by state and county agencies approving the urbanization land. The Department of Education (hereinafter “DOE”) collected payments of school land and cash from developers when their projects were required to make “fair-share contributions” by the State Land Use Commission or the counties to gain project approval. The DOE was only granted its own authority to collect impact fees three years ago by Act 245, Session Laws of Hawaii 2007. The groundwork for Act 245, was done by School Impact Fee Working Group (hereinafter “Group”) created by the State Legislature in 2005. The Group submitted its findings and recommendations in a report, Hawaii School Impact Fee Working Group Report (hereinafter “2007 Report”), prepared by Duncan Associates and Group 70 International, Inc., in March 2007. The 2007 Report provided a framework, or procedure, for determining fee schedules for those areas of the state experiencing enough new residential development to require new or expanded school facilities. The New Law Act 245 incorporated many of the findings and recommendations in the 2007 Report.