Chapter 46 — General

PART I. GENERAL JURISDICTION AND POWERS §46-1 Meeting place of council. All meetings, regular or special, of the council may be held at such places within the county other than the county seat as the council shall designate. [L 1963, c 19, §1; Supp, §138-50; HRS §46-1]

§46-1.5 General powers and limitation of the counties. Subject to general law, each county shall have the following powers and shall be subject to the following liabilities and limitations:

§46-1.55 Indigenous Hawaiian architecture. (a) Each county shall adopt ordinances allowing the exercise of indigenous native Hawaiian architectural practices, styles, customs, techniques, and materials historically employed by native Hawaiians, in the county's building code, incl…

§46-10 County bands; travel. The county council or city council of any county having a county band may authorize its band to travel to any other county or abroad for the purpose of creating goodwill. Notwithstanding any law to the contrary, county bands are authorized to receive …

PART VI. TAX INCREMENT FINANCING §46-101 Short title. This part shall be known and may be cited as the "Tax Increment Financing Act". [L 1985, c 267, pt of §1]

§46-102 Definitions. As used in this part, the following words and terms shall have the following meanings unless the context indicates a different meaning or intent: "Adjustment rate" means a percentage rate or rates of adjustment of the assessment base determined by the directo…

§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:

§46-104 County powers. A county may exercise any power necessary and convenient to establish tax increment districts, including the power to:

§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…

§46-106 Tax increment bonds. (a) A county may issue tax increment bonds, the proceeds of which may be used to pay project costs for a tax increment district or to satisfy claims of bondholders. The county may issue refunding bonds previously issued by the county for the purpose o…

§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 proceed…

§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…

§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 …

§46-11 Federal flood insurance. The Hawaii tourism authority in regard to the convention center district and the mayor or executive officer and the council of the various counties, in regard to the respective counties, may participate and apply on behalf of their respective distr…

§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 th…

§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 amou…

§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 a…

§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 b…

§46-12 Cleaning shores and beaches of seaweed, limu, and debris. The various counties shall be responsible for removing and clearing all seaweed, limu, and debris which are likely to create an unsanitary condition or to otherwise become a public nuisance from the shores and beach…

§46-13 Each county to determine its own number of fire stations. Any other provisions of law to the contrary notwithstanding, the council of each county, may determine the number of fire stations it will establish and maintain within its respective county. [L 1962, c 2, §2; Supp,…

§46-13.1 Volunteer fire stations. (a) The council of the several counties may establish and maintain one or more volunteer fire stations in any area or areas of the county as it may determine to be necessary to provide adequate fire protection. All necessary facilities and equipm…

§46-14 REPEALED. L 1978, c 153, §1.

[PART VIII.] IMPACT FEES §46-141 Definitions. As used in this part, unless the context requires otherwise: "Board" means the board of water supply or water board of any county. "Capital improvements" means the acquisition of real property, improvements to expand capacity and serv…

§46-142 Authority to impose impact fees; enactment of ordinances required. (a) Impact fees may be assessed, imposed, levied, and collected by: provided that the county enacts appropriate impact fee ordinances or the board adopts rules to effectuate the imposition and collection o…

[§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 edu…

§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 a…

§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…

§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. Applicat…

§46-15 Experimental and demonstration housing projects. (a) The mayor of each county, after holding a public hearing on the matter and receiving the approval of the respective council, shall be empowered to designate areas of land for experimental and demonstration housing projec…

§46-15.1 Housing; county powers. [Repeal and reenactment on June 30, 2028. L 2024, c 45, §4. Repeal and reenactment on July 1, 2030. L 2023, c 90, §§2, 3. Repeal and reenactment on July 1, 2031. L 2024, c 31, §4.] (a) Notwithstanding any law to the contrary, any county shall have…

§46-15.2 Housing; additional county powers. In addition and supplemental to the powers granted to counties by section 46-15.1, a county shall have and may exercise any of the following powers:

§46-15.25 Infrastructure dedication; affordable housing. (a) Infrastructure for affordable housing shall be deemed dedicated to the county if the county does not accept or reject the request for dedication of infrastructure within sixty days of the receipt by the appropriate coun…

§46-15.3 Regulation of adult family boarding home and care home. (a) For the purpose of regulation under a county's life safety code, building code, fire code, or any other ordinance of similar purpose, a licensed adult family boarding home or licensed care home that provides liv…

§46-15.39 REPEALED. L 2005, c 139, §4.

§46-15.4 Administrative inspections and warrants. (a) The respective counties may conduct inspections to enforce sections 445-94 to 445-96. Each county may conduct its inspections without a warrant if the conditions enumerated in subsection (c) exist. A county shall conduct its i…

§46-15.5 Cooperation by state departments. All state departments, including the departments of human services and health, shall cooperate with the counties with respect to administrative inspections conducted under section 46-15.4, by providing information:

§46-15.6 Definitions. When used in this chapter, unless the context requires otherwise: "Premises" shall include but not be limited to a lodging or tenement house, group residence, group living arrangement, hotel, boardinghouse, or restaurant as further defined in section 445-90,…

§46-15.9 Traffic regulation; repair and maintenance; public right to use public streets, roads, or highways whose ownership is in dispute. (a) Any provision of law to the contrary notwithstanding, any county and its authorized personnel may impose and enforce traffic laws and sha…

§46-16 Traffic regulation and control over private streets. Any provision of law to the contrary notwithstanding, any county and its authorized personnel may impose and enforce traffic regulations and place appropriate traffic control devices, and may enforce chapters 249; 286; 2…

§46-16.5 Public passenger vehicle regulation. (a) The legislature finds and declares the following: (b) Any other law to the contrary notwithstanding, where not within the jurisdiction of the public utilities commission, every county may provide rules to protect the public health…

§46-16.8 County surcharge on state tax. [Section repealed December 31, 2030. L Sp 2017, c 1, §6.] (a) Each county may establish a surcharge on state tax at the rates enumerated in sections 237-8.6 and 238-2.6. A county electing to establish this surcharge shall do so by ordinance…

§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 t…

§46-17 Regulation of certain public nuisances. Any provision of law to the contrary notwithstanding, the council of any county may adopt and provide for the enforcement of ordinances regulating or prohibiting noise, smoke, dust, vibration, or odors which constitute a public nuisa…

[PART X.] QUI TAM ACTIONS OR RECOVERY OF FALSE CLAIMS TO THE COUNTIES §46-171 Actions for false claims to the counties; qui tam actions. (a) Any person who: shall be liable to the county for a civil penalty of not less than $5,500 and not more than $11,000, plus three times the a…

§46-177 Awards to qui tam plaintiffs. (a) If a county proceeds with an action brought by a person under section 46-175, the person shall receive at least fifteen per cent but not more than twenty-five per cent of the proceeds of the action or settlement of the claim, depending up…

§46-178 REPEALED. L 2012, c 294, §4.

§46-18 Central coordinating agency. (a) Each county shall, by ordinance, designate an existing agency within each county which shall be designated as the central coordinating agency and in addition to its existing functions shall: (b) All state and county departments, divisions, …

§46-19.1 Facilities for solid waste processing and disposal and electric generation; financing; sale. (a) In addition to any other powers provided by law, any county may issue general obligation bonds to finance a facility for the processing and disposal of solid waste, or genera…

[§46-19.4 Priority permitting process for renewable energy projects.] All agencies shall provide priority handling and processing for all county permits required for renewable energy projects. For purposes of this section, "agencies" means any executive department, independent co…

§46-19.5 Energy conservation standards for building design and construction. (a) Energy efficiency building standards based on the design requirements for improvements of energy utilization in buildings developed and approved by the American Society of Heating, Refrigerating and …