Two new bills out over the holiday weekend on impact fees.
HB568 – Impact Fee Limit Amendments – this bill says that an impact fee may not be imposed on a development activity (defined as about any kind of development) if the impact fee for a single public facility type (water, sewer, road, etc) is more than $50,000. So does the way this bill is written mean an impact fee maximum of $50,000 for any single facility type can be charged, or no impact fee can be charged at all if it exceeds $50,000? Depends on how you read it, me thinks.
HB570 – New Home Impact Fee Amendments – this bill would require that for a single-family home, the impact fee is to be determined based on the number of plumbing fixtures to be in the new home. So would that mean all the impact fees are to be based on plumbing fixtures, or just water and sewer impact fees? Doesn’t say.
One more note – regarding SB184 – Small Lots and Starter Homes Amendments, which was held in committee last week, which usually means a bill is dead, I’ve heard rumors that a new version of the bill is being discussed, hinting at a potential revival of the bill. There are second and third substitute versions of the bill there, and let me tell you, talk about a convoluted, bureaucratic process of one of these bills moves forward – take a look at the third substitute version of the bill. Wow. It creates a new section in the Housing Supply chapter of the state code (10-21), defines starter homes, makes them and lots of 5,400 sq ft “state preferred” land uses, but then outlines a long convoluted process that must be followed by an applicant and by the city to consider and allow for such a “preferred” land use. Never seen anything like this. It sure seems to mix up administrative and legislative processes, for one thing. Oh, and this would only apply in counties of the 1st, 2nd, or 3rd class. There would be a similar provision in the counties title. Whew! We’ll see where this goes.