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S1111.....................................................by TRANSPORTATION
TRANSPORTATION DEPARTMENT - Amends existing law to clarify when
governmental agreements with the Idaho Transportation Department are
required; and to require intergovernmental agreements in certain cases.
02/09 Senate intro - 1st rdg - to printing
02/12 Rpt prt - to Transp
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-ninth Legislature First Regular Session - 2007
IN THE SENATE
SENATE BILL NO. 1111
BY TRANSPORTATION COMMITTEE
1 AN ACT
2 RELATING TO DEVELOPMENT IMPACT FEES; AMENDING SECTION 67-8204A, IDAHO CODE, TO
3 CLARIFY WHEN GOVERNMENTAL AGREEMENTS WITH THE IDAHO TRANSPORTATION DEPART-
4 MENT ARE REQUIRED; AND AMENDING SECTION 67-8214, IDAHO CODE, TO REQUIRE
5 INTERGOVERNMENTAL AGREEMENTS IN CERTAIN CASES.
6 Be It Enacted by the Legislature of the State of Idaho:
7 SECTION 1. That Section 67-8204A, Idaho Code, be, and the same is hereby
8 amended to read as follows:
9 67-8204A. INTERGOVERNMENTAL AGREEMENTS. Governmental entities as defined
10 in section 67-8203(14), Idaho Code, which are jointly affected by development
11 are authorized to enter into intergovernmental agreements with each other or
12 with highway districts for the purpose of developing joint plans for capital
13 improvements or for the purpose of agreeing to collect and expend development
14 impact fees for system improvements, or both, provided that such agreement
15 complies with any applicable state laws. Governmental entities are also autho-
16 rized required to enter into agreements with the Idaho transportation depart-
17 ment for the expenditure of development impact fees pursuant to a developer's
18 agreement under section 67-8214, Idaho Code, whenever it can be shown that a
19 proposed development has a direct impact on a public facility under the juris-
20 diction of the Idaho transportation department.
21 SECTION 2. That Section 67-8214, Idaho Code, be, and the same is hereby
22 amended to read as follows:
23 67-8214. OTHER POWERS AND RIGHTS NOT AFFECTED. (1) Nothing in this chap-
24 ter shall prevent a governmental entity from requiring a developer to con-
25 struct reasonable project improvements in conjunction with a development proj-
26 ect.
27 (2) Nothing in this chapter shall be construed to prevent or prohibit
28 private agreements between property owners or developers, the Idaho transpor-
29 tation department and governmental entities in regard to the construction or
30 installation of system improvements or providing for credits or reimbursements
31 for system improvement costs incurred by a developer including interproject
32 transfers of credits or providing for reimbursement for project improvements
33 which are used or shared by more than one (1) development project. If it can
34 be shown that a proposed development has a direct impact on a public facility
35 under the jurisdiction of the Idaho transportation department, then the agree-
36 ment, as required in section 67-8204A, Idaho Code, shall include a provision
37 for the allocation of impact fees collected from the developer for the
38 improvement of the public facility by the Idaho transportation department.
39 (3) Nothing in this chapter shall obligate a governmental entity to
40 approve development which results in an extraordinary impact.
41 (4) Nothing in this chapter shall obligate a governmental entity to
2
1 approve any development request which may reasonably be expected to reduce
2 levels of service below minimum acceptable levels established in the develop-
3 ment impact fee ordinance.
4 (5) Nothing in this chapter shall be construed to create any additional
5 right to develop real property or diminish the power of counties or cities in
6 regulating the orderly development of real property within their boundaries.
7 (6) Nothing in this chapter shall work to limit the use by governmental
8 entities of the power of eminent domain or supersede or conflict with require-
9 ments or procedures authorized in the Idaho Code for local improvement dis-
10 tricts or general obligation bond issues.
11 (7) Nothing herein shall restrict or diminish the power of a governmental
12 entity to annex property into its territorial boundaries or exclude property
13 from its territorial boundaries upon request of a developer or owner, or to
14 impose reasonable conditions thereon, including the recovery of project or
15 system improvement costs required as a result of such voluntary annexation.
STATEMENT OF PURPOSE
RS 16681
This bill would require local units of government to enter into
agreements with the Idaho Transportation Department to collect
and expend development impact fees when it is determined that a
proposed development has an impact on a facility under the
jurisdiction of the Idaho Transportation Department. The
department would be required to follow all existing rules and
regulations requiring the funds collected through impact fees to
be spent in the area of impact in which they are collected. The
department may only collect impact fees in partnership with
local units of government and not as an independent entity.
FISCAL NOTE
It is estimated that this bill could bring up to $7 million to
the Idaho Transportation Department to address traffic,
congestion and safety issues in the areas of impact in which the
fees are collected.
CONTACT
Name: Julie Pipal
Agency: Idaho Department of Transportation
Phone: 334-8804
STATEMENT OF PURPOSE/FISCAL NOTE S 1111