Georgia Senate Bill SB38

Georgia 2025-2026 Regular Session

• Introduced: 1/28/25
• Refer: 1/29/25

Caption

Development Impact Fees; provide for education

Impact

This legislation will enable local boards of education in 'high growth school systems' to impose fees based on projections of student populations resulting from new developments. Specifically, the bill outlines criteria for what constitutes a high growth school system, requiring significant increases in enrollment and substantial prior investments in new educational construction. Local boards will thus be empowered to establish a fee schedule tied directly to their growth rates, contributing to more sustainable educational funding in growing areas.

Summary

SB38 seeks to amend the existing Georgia Development Impact Fee Act by introducing educational development impact fees to fund public educational facilities. The bill aims to ensure that new developments contribute their fair share towards educational infrastructure, particularly in areas experiencing high growth. This initiative seeks to alleviate potential strains that increased student populations could place on local educational facilities without sufficient funding.

Contention

While proponents argue that imposing educational development impact fees is a necessary step for responsibly managing growth and ensuring adequate educational resources, detractors may raise concerns over the financial burden it places on developers. Questions may arise regarding how these fees could affect housing affordability and the potential economic impact on development projects. Moreover, the bill establishes an automatic repeal mechanism contingent on constitutional amendments, which may create uncertainty about the long-term viability of the initiative.