Miscellaneous

HRS div. 1, tit. 6, ch. 46, pt. V

in effect

HRS §46-71 Service of process upon county

46-71. Service of process upon county Service of any notice or process issued against any county by any court, judicial or administrative officer or board may be made by any officer authorized to make service of process, and may be made upon the corporation counsel or county attorney or any of the corporation counsel's or county attorney's deputies, or as provided by the county charter. Any such service shall be binding upon the county. [L 1911, c 11, §1; RL 1925, §2184; RL 1935, §2320; RL 1945, §6012; RL 1955, §138-20; HRS §46-71; am L 1973, c 134, §1; gen ch 1985]

HRS §46-71.5 Indemnification of county agencies

46-71.5. Indemnification of county agencies (a) To receive county aid, assistance, support, benefits, services, and interests in or rights to use county property, a state agency may agree in writing to an indemnity provision by which the State agrees to indemnify, defend, and hold harmless a county agency, its officers, agents, and employees when: (1) The governor approves the State's proposed indemnification; and (2) The comptroller, pursuant to section 41D-8.5, has obtained an insurance policy or policies in an amount sufficient to cover the liability of the State that reasonably may be anticipated to arise under the indemnity provision, or has determined that it is not in the best interest of the State to obtain insurance. (b) Notwithstanding subsection (a), the governor may delegate to the superintendent of education or the deputy superintendent if so designated by the superintendent of education the authority to agree to indemnify, defend, and hold harmless a county agency, its officers, agents, and employees when: (1) The use of the county property will be for a public school purpose or a public school function; (2) The governor approves, in writing, the indemnity provision to be used by the superintendent of education or the deputy superintendent if so designated by the superintendent of education which provision, upon approval, may serve as approval under this paragraph for all public school purposes or functions on county properties for the remainder of that same school year; and (3) The comptroller, pursuant to section 41D-8.5, has obtained an insurance policy or policies in an amount sufficient to cover the liability of the State that reasonably may be anticipated to arise under the indemnity provision, or has determined that it is not in the best interest of the State to obtain insurance. (c) Notwithstanding subsection (a), the board of regents of the University of Hawaii, or its designee, may agree to indemnify, defend, and hold harmless a county agency, its officers, agents, and employees when: (1) The use of the county property will be for a university purpose or a university function; (2) The president of the University of Hawaii, or the president's designee, following a favorable review by the university general counsel or the counsel's designee, approves the indemnity provision in writing; and (3) The chief financial officer of the University of Hawaii, pursuant to section 304A-108, has obtained an insurance policy or policies in an amount sufficient to cover the liability of the university that reasonably may be anticipated to arise under the indemnity provision, or has determined that it is not in the best interest of the university to obtain insurance. (d) Nothing in this section shall be construed to expand the scope of liability of the State or University of Hawaii beyond that set forth in chapters 661 and 662. (e) Nothing in this section shall be construed to waive the immunity of the State or University of Hawaii from suit in federal courts guaranteed by the Eleventh Amendment to the United States Constitution. An indemnity provision not in strict compliance with this section shall not give rise to a claim against the State or University of Hawaii under chapter 661 or otherwise waive the State's or university's sovereign immunity. [L 2007, c 152, §10; am L 2010, c 145, §2; am L 2018, c 103, §2]

HRS §46-72 Liability for injuries or damages; notice

46-72. Liability for injuries or damages; notice Before the county shall be liable for damages to any person for injuries to person or property received upon any of the streets, avenues, alleys, sidewalks, or other public places of the county, or on account of any negligence of any official or employee of the county, the person injured, or the owner or person entitled to the possession, occupation, or use of the property injured, or someone on the person's behalf, within two years after the injuries accrued shall give the individual identified in the respective county's charter, or if none is specified, the chairperson of the council of the county or the clerk of the county in which the injuries occurred, notice in writing of the injuries and the specific damages resulting, stating fully when, where, and how the injuries or damage occurred, the extent of the injuries or damages, and the amount claimed. [L 1943, c 181, §1; RL 1945, §6013; RL 1955, §138-21; HRS §46-72; am L 1998, c 124, §1; am L 2007, c 152, §8]

HRS §46-72.5 Counties' limited liability for skateboard activities at public skateboard parks

46-72.5. Counties' limited liability for skateboard activities at public skateboard parks (a) No public entity or public employee shall be liable to any person for injury or damage sustained when using a public skateboard park, except when injury or damage is caused by a condition resulting from the public entity's failure to maintain or repair the skateboard park. (b) Counties shall maintain a record of all known or reported injuries incurred by skateboard users in a public skateboard park and all claims paid for such injuries and shall submit a report to the legislature on or before twenty days before the convening of the 2008 legislative session, along with any recommendations regarding the need for further immunity from liability. [L 2003, c 144, §2]

HRS §46-73 Claims for legislative relief; conditions

46-73. Claims for legislative relief; conditions All claims for refunds, reimbursements, or other payments by any county, authorization for which is sought from the legislature, shall, as a condition to their being considered by the legislature, be filed in duplicate with the county council or city council of the county concerned at least thirty days prior to the convening of the legislature, together with duplicates of all data and documents in support thereof. In the absence of a showing of sufficient reason therefor, failure to comply with this paragraph shall be deemed sufficient cause for refusal of the legislature to consider the claims. The county council or city council shall immediately upon receipt thereof refer the claim and data so received by it to the head of the department, bureau, board or commission concerned, and the person to whom the reference is made shall immediately investigate the claim, secure in duplicate all available data and documents bearing thereon, and prior to the convening of the legislature refer the same back to the county council or city council with the person's recommendations thereon. The county councils or city council shall, within five days after the opening of the session, transmit the claims which have not been paid by the county concerned in an appropriate legislative bill form, together with all accompanying data so presented, to the legislature. [L 1943, c 75, §1; RL 1945, §6015; RL 1955, §138-22; HRS §46-73; am L 1973, c 178, §3; gen ch 1985]

HRS §46-74 [Waiver of exemption from assessment for improvements.] Notwithstanding sections 67-8 and 46-74.2 or any other law to the contrary, any society, association, or corporation engaged in religious, charitable, educational, scientific, literary, or other benevolent purposes whose land is exempt by law from assessment for improvements, may file or join others in filing a petition for an improvement district and shall, by such filing or joining to file, be deemed to have waived exemption from assessment for improvements and its lands within the improvement district shall be assessed for improvements without contribution from the county or the State. [L 1967, c 35, §1; HRS §46-74]

46-74. [Waiver of exemption from assessment for improvements.] Notwithstanding sections 67-8 and 46-74.2 or any other law to the contrary, any society, association, or corporation engaged in religious, charitable, educational, scientific, literary, or other benevolent purposes whose land is exempt by law from assessment for improvements, may file or join others in filing a petition for an improvement district and shall, by such filing or joining to file, be deemed to have waived exemption from assessment for improvements and its lands within the improvement district shall be assessed for improvements without contribution from the county or the State. [L 1967, c 35, §1; HRS §46-74] Note Section 67-8 referred to in text is repealed.

HRS §46-74.1 Exemption from improvement assessments

46-74.1. Exemption from improvement assessments ] Subject to sections 67-8 and 46-74.2, any land exempted by law from payment of property taxes which land is owned by a society, association, or corporation engaged in religious, charitable, educational, scientific, literary, or other benevolent purposes, whose charter or other enabling act contains a provision that, in the event of dissolution, the land owned by such society, association, or corporation shall be distributed to another society, association, or corporation engaged in religious, charitable, educational, scientific, literary, or other benevolent purposes shall be exempt from assessments to pay for the cost of any improvements included in any improvement district. Note Section 67-8 referred to in text is repealed. [L 1968, c 65, §2]

HRS §46-74.2 Public land or land exempt from taxation, etc.; cost otherwise assessable against borne by city and county

46-74.2. Public land or land exempt from taxation, etc.; cost otherwise assessable against borne by city and county Whenever (1) any public land, except lands owned by the board of water supply, or (2) any land by law exempted from improvement assessments, or (3) any land exempted by law from payment of property taxes which land is owned by a society, association, or corporation engaged in religious, charitable, educational, scientific, literary, or other benevolent purposes, whose charter or other enabling act contains a provision that, in the event of dissolution, the land owned by such society, association, or corporation and herein exempted from assessments shall be distributed to another society, association, or corporation engaged in religious, charitable, educational, scientific, literary, or other benevolent purposes, forms part of any improvement district or fronts upon any street, alley, or other highway to be opened or improved or along which a storm drainage system or street lighting system is to be constructed or improved independently and would, if privately owned or not exempt from such assessment, be subject to assessment, the city council shall, nevertheless, without assessing such public or exempted land for any part of the cost of such improvements, by general ordinance appropriate and pay toward such improvements out of general revenues the portion of the cost thereof which would otherwise be assessable against the same in a lump sum or, at the election of the council, in such equal installments and with such interest thereon as the council shall determine. In the event, however, any part or parts of such exempt lands as described in the preceding sentence, except public lands, may be required for right-of-way or easement purposes within such improvement districts the value thereof shall be chargeable to the improvement district, and upon acquisition the owner shall be compensated therefor in the following manner: (1) Where the value of the part taken together with any severance damages exceeds the portion of the cost of the improvements which would otherwise be assessable against the exempt land, the county shall pay the difference to the owner or owners; (2) Where the value is less than the portion of the cost of improvements which would otherwise be assessable against such exempt lands, the value of the land shall be deducted therefrom and the county shall pay the balance of the assessment as provided herein. With respect to any proposed improvement where any part of the cost is thus to be borne by the city and county, the council shall have the same right of approval or protest as though the city and county were the private owner of the public or exempted land so involved. As to such expenditures for public and exempt lands, the city and county shall be entitled to be reimbursed out of state revenues by appropriations to be made from time to time by the legislature to the extent of fifty per cent of all assessments regularly apportioned against persons, corporations, or entities, which are part of any improvement district or frontage improvement and are exempted by law from the payment of such assessments. The city and county shall be entitled to be likewise reimbursed for the full amount of assessments regularly apportioned against public lands which are a part of any improvement district or frontage improvement, which public lands are owned in fee simple by the United States, or by the State, and which are not set aside for city and county parks, or for other city and county purposes or for street areas or frontages; provided that as to the University of Hawaii, Kapiolani park, including the Waikiki parks established by the laws of 1905, chapter 103, section 1, the city and county shall be entitled to full reimbursement for improvement assessments; and provided further that in case any land exempted by law from assessments as herein provided, other than public land, or any part thereof, is sold or leased after the establishment of a frontage improvement or an improvement district, the grantee, in the one case and the lessor in the other, shall assume the payment of assessments from the date of such sale or lease in the same manner as if the property had not been exempted from assessments and as if assessments proportionable against the property had been paid in installments to such date of sale or lease; and that all payments received from such grantee or lessor, as the case may be, shall be paid into the permanent improvement fund. Nothing in this section shall be taken to prejudice any rights of the State to reimbursement from the United States for assessments herein assumed by the State, but the latter shall be subrogated to the rights of the city and county on such assessments so assumed. [L 1919, c 241, pt of §2; RL 1925, §1852; am L 1925, c 191, §2; am L 1929, c 110, §1; am L 1932 2d, c 69, §1; RL 1935, §3183; RL 1945, §6704; am L 1949, c 267, §1(3); am L 1953, c 263, §1(2); RL 1955, §153-3; am L 1957, c 240, §2(2) and c 248, §1; am imp L 1965, c 97, §1; am L 1965, c 228, §1; HRS §70-111; ren L 1988, c 263, §7]

HRS §46-75 Improvement bonds exempt from taxation

46-75. Improvement bonds exempt from taxation All bonds issued by any of the counties of the State for improvements by assessments, and the interest thereon, shall be exempt from all state, county, and municipal taxation, except inheritance, transfer, and estate taxes. [L 1963, c 128, §1; Supp, §138-71; HRS §46-75]

HRS §46-76 Location of utility facilities in improvement districts

46-76. Location of utility facilities in improvement districts Notwithstanding any provision of law to the contrary, whenever any public improvement is established, constructed, improved, or altered pursuant to the improvement by assessment statutes or ordinances, and in conjunction therewith it is necessary to provide for the installation or require the removal, relocation, replacement, or reconstruction of public utility facilities that are privately owned, the respective legislative bodies of the counties shall determine whether the whole or a portion of such utility facilities shall be located overhead or underground. Where it is decided that the whole or a portion of the utility facilities shall be relocated, replaced or reconstructed, which installation shall constitute a public improvement, the respective legislative bodies of the counties shall determine what portion of the costs of the installation or the removal, relocation, replacement, or reconstruction of the utility facilities required shall be borne by the utility companies, counties and the properties specially benefited within the improvement district; provided that such costs borne by the counties and the utility companies shall be paid in a lump sum, that the portion of the costs to be borne by the utility companies shall be the same percentage of the total relocation cost for each utility company required to remove, relocate, replace or reconstruct its facilities within the improvement district and the costs that are allocated against the properties specially benefited in the improvement district shall be assessed and paid for in accordance with the provisions of the improvement by assessment statutes or ordinances; provided further that the counties may issue bonds under any applicable laws to pay their share of such costs and the costs allocated against the properties specially benefited may be financed under any applicable laws as are other special assessments against specially benefited property. The foregoing provisions shall not be applicable to the subdivision of lands which require the installation of utility facilities in new streets established by the subdivision and which subdivision is initiated, created or made by a private developer. [L 1968, c 73, §3; am L 1985, c 201, §1]

HRS §46-77 Underground utility facilities in improvement

46-77. Underground utility facilities in improvement districts.] Notwithstanding the provision of any statute or ordinance or any regulation made under authority thereof, whenever the legislative body of a county shall determine that the whole or a portion of public utility facilities that are privately owned shall be located underground within an improvement district established pursuant to improvement by assessment statutes or ordinances, the utility engineering, placing of cables and splicing work shall be performed by the public utility concerned notwithstanding that a portion of the cost of the installation of such utility facilities underground may be borne by the county within which such improvement district is situated or the properties specially benefited within such improvement district or both. [L 1969, c 256, §1]

HRS §46-78 Improvement districts, initiation by the State

46-78. Improvement districts, initiation by the State Notwithstanding any provision of law to the contrary, the respective legislative bodies of the counties may, upon the petition of the state department of transportation, create, define and establish improvement districts according to applicable assessment statutes or ordinances, for any betterment or improvement proposed by the state department of transportation. The petition of the department of transportation shall include the necessary surveys, maps, plans and other data for the betterment or improvement. Upon approval of the petition by the legislative body of the county, the county shall proceed in the same manner as though the plan for the proposed construction or improvement had been initiated by the legislative body of the county on its own motion, provided that the county may abandon the proceedings prior to adoption of the resolution creating the improvement district. The provisions of the assessment statutes or ordinances shall be applicable to the proposed construction or improvement insofar as practicable, provided that the costs thereof shall be assessed against the land specially benefited either on a frontage basis, according to area of the land within the improvement district, or on the basis of assessed valuation for real property tax purposes, or any combination thereof. The state department of transportation shall assume, except for the cost to be borne by the board of water supply of the county, the cost of construction or improvement which would have been assumed by the county had the project been initiated by the county, including the costs and incidentals necessary to process the project, and the costs allocable to state land and land exempted by the improvement district statutes from the payment of improvement assessments; provided that where lands owned by the county, including the board of water supply of the county, form part of the improvement district, the county or the board of water supply of the county, whichever is applicable, shall pay the costs allocable to such lands. Nothing contained herein however, shall be construed to prohibit any county from participating in the costs of an improvement district which is initiated upon petition by the department of transportation. Upon filing the petition for the creation of an improvement district, the department of transportation shall deposit with the county an amount adequate to cover the administrative costs of the county. In addition, the department of transportation shall from time to time upon request of the county deposit the necessary sums to cover the costs of acquiring land required for the project. Upon award of any contract, either for the entire project or separately for the different kinds of work to be performed, the department of transportation shall deposit with the county the amount the State is obliged to pay towards the contract price; provided that if the completion of the contract will extend beyond the fiscal year in which the contract is executed, the department of transportation may deposit with the county, if the contract is to be completed during the next succeeding fiscal year, at least fifty per cent or, if the contract by its terms will not be completed until beyond the next succeeding fiscal year, at least thirty-three and one third per cent of the amount the State is obliged to pay toward the contract price. [L 1972, c 201, §1]

HRS §46-79 CUSIP numbers for district improvement bonds or improvement district bonds of counties

46-79. CUSIP numbers for district improvement bonds or improvement district bonds of counties Unless the governing body shall otherwise direct, the director of finance of any county issuing district improvement bonds or improvement district bonds of such county pursuant to either state statutes or charter or ordinances adopted under either thereof in the director's discretion may provide that CUSIP identification numbers shall be imprinted on such bonds. In the event such numbers are imprinted on any such bonds (i) no such number shall constitute a part of the contract evidenced by the particular bond upon which it is imprinted and (ii) no liability shall attach to the county, such district or any officer or agent of either thereof, including any fiscal agent, paying agent or registrar for such bonds, by reason of such numbers or any use made thereof, including any use thereof made by the county, such district, any such officer or any such agent, or by reason of inaccuracy, error or omission with respect thereto or in such use. Unless the governing body shall otherwise direct, the director of finance in the director's discretion may require that all cost of obtaining and imprinting such numbers shall be paid by the purchaser of such bonds. For the purposes of this section, the term "CUSIP identification numbers" means the numbering system adopted by the Committee for Uniform Security Identification Procedures formed by the Securities Industry Association. [L 1974, c 109, §3; gen ch 1985]

HRS §46-80 Improvement by assessment; financing

46-80. Improvement by assessment; financing Any county having a charter may enact an ordinance, and may amend the same from time to time, providing for the making and financing of improvement districts in the county, and the improvements may be made and financed under the ordinance. The county may issue and sell bonds to provide funds for the improvements. Bonds issued to provide funds for the improvements may be either bonds when the only security therefor is the properties benefited or improved or the assessments thereon or bonds payable from taxes or secured by the taxing power of the county. If the bonds are secured only by the properties benefited or improved or the assessments thereon, the bonds shall be issued according and subject to the provisions of the ordinance. If the bonds are payable from taxes or secured by the taxing power, the bonds shall be issued according and subject to chapter 47. Except as is otherwise provided in section 46-80.1, in assessing land for improvements a county shall assess the land within an improvement district according to the special benefits conferred upon the land by the special improvement; these methods include assessment on a frontage basis or according to the area of land within an improvement district, or any other assessment method that assesses the land according to the special benefit conferred, or any combination thereof. [L 1976, c 105, §1; am L 1978, c 180, §1(2); am L 1992, c 226, §3; am L 2022, c 183, §3; am L 2024, c 41, §2]

HRS §46-80.1 Community facilities district

46-80.1. Community facilities district (a) Any county having a charter may enact an ordinance, and may amend the same from time to time, providing for the creation of community facilities districts to finance special improvements in the county. The special improvements may be provided and financed under the ordinance. The county shall have the power to levy and assess a special tax on property located in a district to finance the special improvements and to pay the debt service on any bonds issued to finance the special improvements. The county may issue and sell bonds to provide funds for the special improvements, or, if requested by the county, the State may issue and sell revenue bonds under section 201H-72. Bonds issued to provide funds for the special improvements may be either: bonds secured only by the properties included in the district and/or the special taxes thereon, or bonds payable from general taxes and/or secured by the general taxing power of the county. If the bonds are secured only by the properties included in the district and/or the special taxes thereon, the bonds shall be issued according and subject to the provisions of the ordinance. If the bonds are payable from general taxes or secured by the general taxing power, the bonds shall be issued according and subject to chapter 47. (b) There is no requirement that the special tax imposed by ordinance pursuant to this section be fixed in an amount or apportioned on the basis of special benefit to be conveyed on property by the special improvement, or that the special improvement convey a special benefit on any property in the district. It shall be sufficient that the governing body of the county determines that the property to be subject to the special tax is improved or benefited by the special improvement in a general manner or in any other manner. The special improvement may also benefit property outside the district. The special taxes assessed pursuant to this section shall be a lien upon the property assessed. The lien shall have priority over all other liens except the lien of general real property taxes and the lien of assessments levied under section 46-80. The lien of special taxes assessed pursuant to this section shall be on a parity with the lien of general real property taxes and the lien of assessments levied under section 46-80, except to the extent the law or assessment ordinance provides that the lien of assessments levied under section 46-80 shall be subordinate to the lien of general real property taxes. (c) The ordinance shall describe the types of special improvements that may be undertaken and financed. In addition, the ordinance shall include, but not be limited to, procedures for: (1) Creating community facilities districts (and zones therein), including specific time spans for the existence of each district; (2) Apportioning special taxes on real properties within a community facilities district; (3) Providing notice to and opportunity to be heard by owners of property proposed to be subject to the special tax (the affected owners), subject to waiver by one hundred per cent of the affected owners, including termination of proceedings if the affected owners of more than fifty-five per cent of the property, or if more than fifty-five per cent of the affected owners of the property, in the community facilities district proposed to be subject to the special tax protest in writing at the hearing. The ordinance shall also provide that if a lease requires the lessee to pay the proposed special tax, the ordinance shall state that the affected owner may waive this requirement in writing and that the affected owner refrain from imposing upon any successor lessee the obligation to pay the special tax. The ordinance shall also provide that if the affected owner fails to waive the requirement that the lessee pay the proposed tax, then all the rights for notice, hearing, and protest contained in this paragraph shall inure to the benefit of the original lessee or any subsequent lessee; (4) Provide notice to buyers or lessees of the property who would be required to pay the special tax; (5) Fixing, levying, collecting, and enforcing the special taxes against the properties affected thereby (including penalties for delinquent payment and sales for default); (6) Making changes in the community facilities district, in the special taxes, or in the special improvements to be financed or provided; (7) The acquisition or construction of the special improvements; (8) The issuance of bonds to pay all or part of the cost of the special improvements (including costs of issuance, reserves, capitalized interest, credit enhancement, and any other related expenses); (9) Refunding bonds previously issued; (10) The establishment and handling of a separate special fund or funds to pay or secure such bonds or to pay for acquisition or construction of special improvements or any other related expenses; and (11) Other matters as the council shall determine to be necessary or proper. The amount of special taxes may include amounts determined by the council to be necessary or reasonable to cover administration and collection of the assessments, administration of the bonds or of the program authorized by this section, replenishment of reserves, arbitrage rebate, and a reasonable financing fee. (d) Each issue of bonds shall be authorized by ordinance, separate from the foregoing procedural ordinance, and shall be in such amounts, denominations, forms, executed in such manner, payable at such place or places, at such time or times, at such interest rate or rates (either fixed or variable), with such maturity date or dates and terms of redemption, security (including pledge of proceeds, special taxes and liens therefor), credit enhancement, administration, investment of proceeds and special tax receipts, default, remedy, or other terms and conditions as the council deems necessary or convenient. The bonds shall be sold in the manner and at the price or prices determined by the council. (e) This section is a special improvement statute which implements section 12 of article VII of the state constitution and provides a complete, additional, and alternative method of doing the things authorized herein; and the creation of districts, levying, assessments and collection of special taxes, issuance of bonds and other matters covered by this section, or by the procedural or bond ordinances authorized by this section, need not comply with any other law applicable to these matters. Bonds issued under this section, when the only security for such bonds is the special taxes or liens on the property in the district subject thereto, shall be excluded from any determination of the power of a county to issue general obligation bonds or funded debt for purposes of section 13 of article VII of the state constitution. (f) Notwithstanding any other law, no action or proceeding to question the validity of or enjoining any ordinance, action, or proceeding undertaken pursuant hereto (including the determination of the amount of any special tax levied with respect to any property or the levy or assessment thereof), or any bonds issued or to be issued pursuant thereto or under this section, shall be maintained unless begun within thirty days of the adoption of the ordinance, determination, levy, assessment or other act, as the case may be, and, in the case of bonds, within thirty days after adoption of the ordinance authorizing the issuance of those bonds. (g) Bonds issued pursuant to this section and the interest thereon and other income therefrom shall be exempt from any and all taxation by the State or any county or other political subdivision thereof, except inheritance, transfer, and estate taxes. (h) Properties of entities of the state, federal, or county governments, except as provided in subsection (i), shall be exempt from the special tax. No other properties or entities are exempt from the special tax unless the properties or entities are expressly exempted in the ordinance of formation to establish a district adopted pursuant to this chapter or in an ordinance of consideration to levy a new special tax or special taxes or to alter the rate or method of apportionment of an existing special tax as provided in this section. (i) If a public body owning property, including property held in trust for any beneficiary, which is exempt from a special tax pursuant to subsection (h), grants leasehold or other possessory interest in the property to a nonexempt person or entity, the special tax, notwithstanding subsection (h), shall be levied on the leasehold or possessory interest and shall be payable by the lessee. [L 1992, c 226, §2; am L 2015, c 156, §1]

HRS §46-80.5 Special improvement district

46-80.5. Special improvement district (a) In addition and supplemental to the authority vested in the counties by sections 46-80 and 46-80.1, any county having a charter may enact an ordinance, and may amend the same from time to time, authorizing the creation of special improvement districts for the purpose of providing, financing, and coordinating federal, state, and county efforts to engage in: (1) Supplemental maintenance and security services; (2) Environmental research, restoration, and maintenance; (3) Natural resource management; (4) Natural hazard mitigation; (5) Climate change and sea level rise adaptation; and (6) Other improvements, services, and facilities within the special improvement district as the council of the county determines will improve environmental conditions, provide community benefits, and restore or promote business activity in the special improvement district and the making and financing of improvements therein. Each separate special improvement district shall be established by a separate ordinance enacted as provided in the ordinance authorizing the creation of special improvement districts. The ordinance authorizing the creation of special improvement districts may permit the county to provide for a board or association, established pursuant to chapter 414D, to provide management of the special improvement district, and to carry out activities as may be prescribed by the ordinance authorizing the creation of special improvement districts and the ordinance establishing the special improvement district as permitted thereby. (b) The county may levy and assess a special assessment on property located within the special improvement district to finance the maintenance and operation of the special improvement district and to pay the debt service on any bonds issued to finance improvements within the special improvement district. Notwithstanding any law to the contrary, in assessing property for a special assessment, the county may implement a methodology as the council of the county deems appropriate. The special assessment may be fixed in an amount or appropriated on a basis as the council of the county deems appropriate, and it shall not be essential that the property subject to the special assessment be improved or benefitted by the operation and maintenance of the special improvement district or any activity or improvement undertaken for, and financed by, the special improvement district. (c) The county may issue and sell bonds to finance improvements within the special improvement district and the ordinance authorizing the creation of special improvement districts may provide the method, procedure, and type or types of security for those bonds. Each issue or series of bonds shall be authorized by ordinance separate from the ordinance establishing the special improvement district. The bonds shall be in amounts, in denomination or denominations, in form or forms, executed in a manner, payable in place or places and at time or times, bear interest at rate or rates (either fixed or variable), mature on date or dates and provide terms and conditions of redemption, provide security (including the pledge of proceeds of the bonds, special assessments, and the lien therefor), provide for credit enhancement, if any, administration, terms of investment of proceeds of the bonds and special assessment receipts, provide terms of default and remedy, and other terms and conditions, as the council of the county deems necessary or proper. The bonds may be sold in a manner and at price or prices as the council of the county shall determine. Bonds issued pursuant to this section and the interest thereon and other income therefrom shall be exempt from any and all taxation by the State or any county or other political subdivision, except inheritance, transfer, and estate taxes. (d) Notwithstanding any other law to the contrary, no action or proceeding to object to or question the validity of or enjoining any ordinance, action, or proceeding permitted by this section (including the liability for or the determination of the amount of any special assessment levied or the imposition thereof), or any bonds issued or to be issued pursuant to an ordinance enacted as permitted by this section, shall be maintained unless begun within thirty days of the enactment of the ordinance, determination, or other act, as the case may be and, in the case of the assessment, whether the determination or levy, within thirty days after adoption of the ordinance authorizing or amending the assessment formula and, in the case of bonds, within thirty days after enactment of the ordinance authorizing the issuance of the bonds. (e) Exemptions. (1) Property owned by the state or county governments or entities, may be exempt from the assessment except as provided in paragraph (3); (2) Property owned by the federal government or entities, shall be exempt from the assessment except as provided in paragraph (3); (3) If a public body owning property, including property held in trust for any beneficiary, which is exempt from an assessment pursuant to paragraphs (1) and (2), grants a leasehold or other possessory interest in the property to a nonexempt person or entity, the assessment, notwithstanding paragraphs (1) and (2), shall be levied on the leasehold or possessory interest and shall be payable by the lessee; (4) The redevelopment of the Ala Wai boat harbor shall be exempt from the assessment and any special improvement district requirements authorized by subsection (a); and (5) No other properties or owners shall be exempt from the assessment unless the properties or owners are expressly exempted in the ordinance establishing a district adopted pursuant to this section or amending the rate or method of assessment of an existing district. (f) The assessments levied pursuant to the ordinance authorizing the creation of special improvement districts, the ordinance establishing a district, and this section shall be a lien upon the property assessed. The lien shall have priority over all other liens except the lien of general real property taxes and shall be on a parity with the lien of assessments levied under sections 46-80 and 46-80.1. (g) Any board or association established for the purposes of carrying out the activities described in this section shall not be deemed a governmental body. The board and association shall neither be deemed to be a government department, agency, or a county nor to be performing services on behalf of a government department, agency, or county. [L 1999, c 107, §1; am L 2002, c 40, §2; am L 2011, c 197, §3; am L 2022, c 208, §2]

HRS §46-81 Reserve funds for payment of improvements

46-81. Reserve funds for payment of improvements Any other law to the contrary notwithstanding, no county with a population of less than 100,000 persons shall impose or collect any ad valorem assessment to establish, maintain, or replenish a reserve fund. As used in this section, "reserve fund" means any fund established by a county to provide security, in addition to any special fund made up of moneys collected on account of assessments and interest for improvements, for the payment of principal and interest on bonds issued for such improvements where moneys in the special fund are insufficient for this purpose. The provisions of this section shall not prevent any county from imposing or collecting an ad valorem assessment to establish, maintain, or replenish a reserve fund for an improvement by assessment district in existence on June 2, 1978. [L 1978, c 180, §1(1)]

HRS §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]

HRS §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]

HRS §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]

HRS §46-88 Agricultural buildings and structures; exemptions from building permit and building code requirements

46-88. Agricultural buildings and structures; exemptions from building permit and building code requirements (a) Notwithstanding any law to the contrary, the following agricultural buildings, structures, and appurtenances thereto that are not used as dwellings or lodging units are exempt from building permit and building code requirements where they are no more than one thousand square feet in floor area: (1) Nonresidential manufactured pre-engineered commercial buildings and structures; (2) Single stand alone recycled ocean shipping or cargo containers that are used as nonresidential commercial buildings and are properly anchored; (3) Notwithstanding the one thousand square foot floor area restriction, agricultural shade cloth structures, cold frames, or greenhouses not exceeding sixty thousand square feet in area per structure; provided that where multiple structures are erected, the minimum horizontal separation between each shade cloth structure, cold frame, or greenhouse is fifteen feet; (4) Aquacultural or aquaponics structures, including above-ground water storage or production tanks, troughs, and raceways with a maximum height of six feet above grade, and in-ground ponds and raceways, and piping systems for aeration, carbon dioxide, or fertilizer or crop protection chemical supplies within agricultural or aquacultural production facilities; (5) Livestock watering tanks, water piping and plumbing not connected to a source of potable water, or separated by an air gap from such a source; (6) Non-masonry fences not exceeding ten feet in height and masonry fences not exceeding six feet in height; (7) One-story masonry or wood-framed buildings or structures with a structural span of less than twenty-five feet and a total square footage of no more than one thousand square feet, including farm buildings used as: (A) Barns; (B) Greenhouses; (C) Farm production buildings including aquaculture hatcheries and plant nurseries; (D) Storage buildings for farm equipment or plant or animal supplies or feed; or (E) Storage or processing buildings for crops; provided that the height of any stored items shall not collectively exceed twelve feet in height; (8) Raised beds containing soil, gravel, cinders, or other growing media or substrates with wood, metal, or masonry walls or supports with a maximum height of four feet; (9) Horticultural tables or benches no more than four feet in height supporting potted plants or other crops; and (10) Nonresidential indigenous Hawaiian hale that do not exceed five hundred square feet in size, have no kitchen or bathroom, and are used for traditional agricultural activities or education; provided that the buildings, structures, and appurtenances thereto comply with all applicable state and county zoning codes. (b) Notwithstanding the one thousand square foot floor area restriction in subsection (a), the following buildings, structures, and appurtenances thereto shall be exempt from building permit requirements when compliant with relevant building codes or county, national, or international prescriptive construction standards: (1) Nonresidential manufactured pre-engineered and county pre-approved commercial buildings and structures consisting of a total square footage greater than one thousand square feet but no more than eight thousand square feet; and (2) One-story wood-framed or masonry buildings or structures with a structural span of less than twenty-five feet and a total square footage greater than one thousand square feet but no more than eight thousand square feet constructed in accordance with county, national, or international prescriptive construction standards, including buildings used as: (A) Barns; (B) Greenhouses; (C) Farm production buildings, including aquaculture hatcheries and plant nurseries; (D) Storage buildings for farm equipment, plant or animal supplies, or feed; or (E) Storage or processing buildings for crops; provided that the height of any stored items shall not collectively exceed twelve feet in height. (c) The exemptions in subsections (a) and (b) shall apply; provided that: (1) The aggregate floor area of the exempted agricultural buildings shall not exceed: (A) Five thousand square feet per zoning lot for lots of two acres or less; (B) Eight thousand square feet per zoning lot for lots greater than two acres but no more than five acres; and (C) Eight thousand square feet plus two per cent of the acreage per zoning lot for lots greater than five acres; provided that each exempted agricultural building is compliant with the square foot area restrictions in subsection (a) or subsection (b); (2) The minimum horizontal separation between each agricultural building, structure, or appurtenance thereto is fifteen feet; (3) The agricultural buildings, structures, or appurtenances thereto are located on a commercial farm or ranch and are used for general agricultural or aquacultural operations, or for purposes incidental to such operations; (4) The agricultural buildings, structures, or appurtenances thereto are constructed or installed on property that is used primarily for agricultural or aquacultural operations, and is two or more contiguous acres in area or one or more contiguous acres in area if located in a nonresidential agricultural or aquacultural park; (5) An owner or occupier that intends to utilize the exemptions under this section shall provide written notice to the appropriate county agency of the size, type, and location of the proposed building, structure, related appurtenances, or development. No work shall commence until the county agency has determined that a building permit for the proposed building, structure, related appurtenances, or development is not required for compliance with county, state, or federal floodplain management development standards, ordinances, codes, statutes, rules, or regulations pursuant to the National Flood Insurance Program requirements; (6) The appropriate county agency shall certify the building, structure, related appurtenances, or development within thirty calendar days upon the receipt of the written notice from the owner or occupier, pursuant to paragraph (5); (7) The owner or occupier shall provide a final as-built written notice to the appropriate county building permitting agency of the final as-built size, type, and location of the building, structure, related appurtenances, or development. Such final as-built written notification shall be provided to the county agency within thirty calendar days of the completion, occupancy, or use of the building, structure, related appurtenances, or development. Failure to provide such written notice may void the building permit or building code exemption, or both, which voidance for such failure is subject to the sole discretion of the appropriate county building permitting agency; (8) No electrical power and no plumbing systems shall be connected to the building or structure without first obtaining the appropriate county electrical or plumbing permit, and all such installations shall be installed under the supervision of a licensed electrician or plumber, as appropriate, and inspected and approved by an appropriate county or licensed inspector or, if a county building agency is unable to issue an electrical permit because the building or structure is permit-exempt, an electrical permit shall be issued for an electrical connection to a meter on a pole beyond the permit-exempt structure in accordance with the installation, inspection, and approval requirements in this paragraph; (9) Disposal of wastewater from any building or structure constructed or installed pursuant to this section shall comply with chapter 342D; (10) Permit-exempt structures shall be exempt from any certificate of occupancy requirements; and (11) The appropriate county fire department and county building permitting agency shall have the right to enter the property, upon reasonable notice to the owner or occupant, to investigate exempted agricultural buildings for compliance with the requirements of this section; provided that if entry is refused after reasonable notice is given, the applicable department or agency may apply to the district court of the circuit in which the property is located for a warrant, directed to any police officer of the circuit, commanding the police officer to provide sufficient aid and to assist the department or agency in gaining entry onto the property to investigate exempted agricultural buildings for compliance with the requirements of this section. (d) As used in this section: "Agricultural building" means a development, including a nonresidential building or structure, built for agricultural or aquacultural purposes, located on a commercial farm or ranch constructed or installed to house farm or ranch implements, agricultural or aquacultural feeds or supplies, livestock, poultry, or other agricultural or aquacultural products, used in or necessary for the operation of the farm or ranch, or for the processing and selling of farm or ranch products. "Agricultural operation" means the planting, cultivating, harvesting, processing, or storage of crops, including those planted, cultivated, harvested, and processed for food, ornamental, grazing, feed, or forestry purposes, as well as the feeding, breeding, management, and sale of animals including livestock, poultry, honeybees, and their products. "Appurtenance" means an object or device in, on, or accessory to a building or structure, and which enhances or is essential to the usefulness of the building or structure, including but not limited to work benches, horticultural and floricultural growing benches, aquacultural, aquaponic, and hydroponic tanks, raceways, troughs, growbeds, and filterbeds, when situated within a structure. "Aquacultural operation" means the propagation, cultivation, farming, harvesting, processing, and storage of aquatic plants and animals in controlled or selected environments for research, commercial, or stocking purposes and includes aquaponics or any growing of plants or animals in or with aquaculture effluents. "Development" means any manmade change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations, or storage of equipment or materials. "Dwelling" means a structure, or part of a structure, which is used as a home, residence, or sleeping place by one person or by two or more persons maintaining a common household, to the exclusion of all others. "Manufactured pre-engineered commercial building or structure" means a building or structure whose specifications comply with appropriate county codes, and have been pre-approved by a county or building official. "Nonresidential building or structure" means a building or structure, including an agricultural building, that is used only for agricultural or aquacultural operations and is not intended for use as, or used as, a dwelling. (e) This section shall not apply to buildings or structures otherwise exempted from building permitting or building code requirements by applicable county ordinance. (f) This section shall not be construed to supersede public or private lease conditions. (g) This section shall not apply to development on land in the state land use urban district. (h) The State or any county shall not be liable for claims arising from the construction of agricultural buildings, structures, related appurtenances, or other development exempt from the building code and permitting process as described in this section, unless the claim arises out of gross negligence or intentional misconduct by the State or county. (i) This section shall not apply to buildings or structures used to store pesticides or other hazardous material unless stored in accordance with federal and state law. (j) This section does not exempt any new or existing agricultural buildings, structures, related appurtenances, or other development from building permit requirements and other requirements of county, state, or federal floodplain management development standards, ordinances, codes, statutes, rules, or regulations, pursuant to National Flood Insurance Program requirements. (k) Failure to comply with the conditions of this section shall result in penalties consistent with county building department provisions. [L 2012, c 114, §2; am L 2013, c 203, §2; am L 2017, c 70, §2; am L 2020, c 60, §1; am L 2021, c 100, §1]

HRS §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]

Source: Hawaii State Legislature (capitol.hawaii.gov), via Internet Archive capturesURL: http://www.capitol.hawaii.gov/hrscurrent/Vol02_Ch0046-0115/HRS0046/HRS_0046-.htmFetched: 11/10/2026