| 1 | 1 | | 25 LC 59 0115 |
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| 2 | 2 | | House Bill 656 |
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| 3 | 3 | | By: Representatives Sainz of the 180 |
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| 4 | 4 | | th |
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| 5 | 5 | | and Stephens of the 164 |
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| 6 | 6 | | th |
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| 7 | 7 | | |
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| 8 | 8 | | A BILL TO BE ENTITLED |
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| 9 | 9 | | AN ACT |
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| 10 | 10 | | To amend Chapter 71 of Title 36 of the Official Code of Georgia Annotated, relating to |
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| 11 | 11 | | 1 |
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| 12 | 12 | | development impact fees, so as to authorize the assessment of development impact fees for2 |
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| 13 | 13 | | public facilities produced through agreements between developers and governmental entities;3 |
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| 14 | 14 | | to revise definitions; to extend the period of time a local government may encumber unspent4 |
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| 15 | 15 | | impact fees; to provide for related matters; to repeal conflicting laws; and for other purposes.5 |
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| 16 | 16 | | BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:6 |
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| 17 | 17 | | SECTION 1.7 |
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| 18 | 18 | | Chapter 71 of Title 36 of the Official Code of Georgia Annotated, relating to development8 |
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| 19 | 19 | | impact fees, is amended by revising paragraphs (16) and (17) of Code Section 36-71-2,9 |
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| 20 | 20 | | relating to definitions, and by adding a new subparagraph to read as follows:10 |
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| 21 | 21 | | "(16) 'Proportionate share' means that portion of the cost of system improvements which11 |
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| 22 | 22 | | is reasonably related to the service demands and needs of the |
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| 23 | 23 | | caused by a project within12 |
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| 24 | 24 | | the defined service area.13 |
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| 25 | 25 | | (17) 'Public facilities' means:14 |
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| 26 | 26 | | (A) Water supply production, treatment, and distribution facilities;15 |
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| 27 | 27 | | (B) Waste-water collection, treatment, and disposal facilities;16 |
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| 28 | 28 | | H. B. 656 |
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| 29 | 29 | | - 1 - 25 LC 59 0115 |
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| 30 | 30 | | (C) Roads, streets, and bridges, including rights of way, traffic signals, landscaping, |
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| 31 | 31 | | 17 |
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| 32 | 32 | | and any local components of state or federal highways;18 |
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| 33 | 33 | | (D) Storm-water collection, retention, detention, treatment, and disposal facilities,19 |
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| 34 | 34 | | flood control facilities, and bank and shore protection and enhancement improvements;20 |
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| 35 | 35 | | (E) Parks, open space, and recreation areas and related facilities;21 |
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| 36 | 36 | | (F) Public safety facilities, including police, fire, emergency medical, and rescue22 |
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| 37 | 37 | | facilities; and |
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| 38 | 38 | | 23 |
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| 39 | 39 | | (G) Libraries and related facilities; and24 |
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| 40 | 40 | | (H) Any of the public facilities listed in subparagraphs (A) through (G) of this25 |
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| 41 | 41 | | paragraph that are the product of agreements between developers and governmental26 |
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| 42 | 42 | | entities."27 |
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| 43 | 43 | | SECTION 2.28 |
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| 44 | 44 | | Said chapter is further amended by revising paragraphs (1) and (2) of Code Section 36-71-9,29 |
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| 45 | 45 | | relating to refunds of development impact fees, as follows:30 |
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| 46 | 46 | | "(1) Upon the request of an owner of property on which a development impact fee has31 |
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| 47 | 47 | | been paid, a municipality or county shall refund the development impact fee if capacity32 |
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| 48 | 48 | | is available and service is denied or if the municipality or county, after collecting the fee33 |
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| 49 | 49 | | when service is not available, has failed to encumber the development impact fee or34 |
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| 50 | 50 | | commence construction within six ten years after the date that the fee was collected. In35 |
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| 51 | 51 | | determining whether development impact fees have been encumbered, development36 |
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| 52 | 52 | | impact fees shall be considered encumbered on a first-in, first-out (FIFO) basis;37 |
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| 53 | 53 | | (2) When the right to a refund exists due to a failure to encumber development impact38 |
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| 54 | 54 | | fees, the municipality or county shall provide written notice of entitlement to a refund to39 |
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| 55 | 55 | | the feepayor who paid the development impact fee at the address shown on the40 |
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| 56 | 56 | | application for development approval or to a successor in interest who has given notice41 |
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| 57 | 57 | | to the municipality or county of a transfer or assignment of the right or entitlement to a42 |
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| 58 | 58 | | H. B. 656 |
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| 59 | 59 | | - 2 - 25 LC 59 0115 |
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| 60 | 60 | | refund and who has provided a mailing address. Such notice shall also be published |
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| 61 | 61 | | 43 |
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| 62 | 62 | | within 30 days after the expiration of the six-year |
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| 63 | 63 | | ten-year period after the date that the44 |
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| 64 | 64 | | development impact fees were collected and shall contain the heading 'Notice of45 |
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| 65 | 65 | | Entitlement to Development Impact Fee Refund';"46 |
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| 66 | 66 | | SECTION 3.47 |
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| 67 | 67 | | All laws and parts of laws in conflict with this Act are repealed.48 |
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| 68 | 68 | | H. B. 656 |
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| 69 | 69 | | - 3 - |
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