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H0656aa.............................................by REVENUE AND TAXATION
DEVELOPMENT IMPACT FEES - Amends existing law relating to development
impact fees to revise the definition of "development."
03/17 House intro - 1st rdg - to printing
03/18 Rpt prt - to Rev/Tax
03/20 Rpt out - to Gen Ord
03/25 Rpt out amen - to engros
03/26 Rpt engros - 1st rdg - to 2nd rdg as amen
03/27 2nd rdg - to 3rd rdg as amen
Rls susp - PASSED - 66-0-4
AYES -- Anderson, Andrus, Barrett, Bayer, Bell, Bilbao, Black, Block,
Bock, Boe, Bolz, Bowers, Brackett, Bradford, Chadderdon, Chavez,
Chew, Collins, Crane, Durst, Eskridge, Hagedorn, Hart, Harwood,
Henbest, Henderson, Jaquet, Killen, King, Kren, Lake, LeFavour,
Loertscher, Luker, Marriott, Mathews, Mortimer, Moyle, Nielsen,
Nonini, Pasley-Stuart, Patrick, Pence, Raybould, Ringo, Roberts,
Ruchti, Rusche, Sayler, Schaefer, Shepherd(02), Shepherd(08),
Shirley, Shively, Smith(30), Smith(24), Snodgrass, Stevenson, Thayn,
Thomas, Trail, Vander Woude, Wills, Wood(27), Wood(35), Mr. Speaker
NAYS -- None
Absent and excused -- Bedke, Clark, Labrador, McGeachin
Floor Sponsor - Snodgrass
Title apvd - to Senate
03/27 Senate intro - 1st rdg - to Loc Gov
03/31 Rpt out - rec d/p - to 2nd rdg
04/01 2nd rdg - to 3rd rdg
Rls susp - PASSED - 33-0-2
AYES -- Andreason, Bair, Bastian, Bilyeu, Broadsword, Burkett,
Cameron, Coiner, Corder, Davis, Fulcher, Gannon(Gannon), Geddes,
Goedde, Hammond, Heinrich, Hill, Jorgenson, Kelly, Keough, Langhorst,
Little, Lodge, Malepeai(Sagness), McGee, McKague, Pearce, Richardson,
Schroeder, Siddoway, Stegner, Stennett, Werk
NAYS -- None
Absent and excused -- Darrington, McKenzie
Floor Sponsor - Fulcher
Title apvd - to House - to enrol
04/02 Rpt enrol - Sp signed - Pres signed
04/03 To Governor
04/09 Governor signed
Session Law Chapter 389
Effective: 04/09/08
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-ninth Legislature Second Regular Session - 2008IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 656 BY REVENUE AND TAXATION COMMITTEE 1 AN ACT 2 RELATING TO DEVELOPMENT IMPACT FEES; AMENDING SECTION 67-8203, IDAHO CODE, TO 3 REVISE THE DEFINITION OF "DEVELOPMENT"; AND DECLARING AN EMERGENCY. 4 Be It Enacted by the Legislature of the State of Idaho: 5 SECTION 1. That Section 67-8203, Idaho Code, be, and the same is hereby 6 amended to read as follows: 7 67-8203. DEFINITIONS. As used in this chapter: 8 (1) "Affordable housing" means housing affordable to families whose 9 incomes do not exceed eighty percent (80%) of the median income for the ser- 10 vice area or areas within the jurisdiction of the governmental entity. 11 (2) "Appropriate" means to legally obligate by contract or otherwise com- 12 mit to use by appropriation or other official act of a governmental entity. 13 (3) "Capital improvements" means improvements with a useful life of ten 14 (10) years or more, by new construction or other action, which increase the 15 service capacity of a public facility. 16 (4) "Capital improvement element" means a component of a comprehensive 17 plan adopted pursuant to chapter 65, title 67, Idaho Code, which component 18 meets the requirements of a capital improvements plan pursuant to this chap- 19 ter. 20 (5) "Capital improvements plan" means a plan adopted pursuant to this 21 chapter that identifies capital improvements for which development impact fees 22 may be used as a funding source. 23 (6) "Developer" means any person or legal entity undertaking development, 24 including a party that undertakes the subdivision of property pursuant to sec- 25 tions 50-1301 through 50-1334, Idaho Code. 26 (7) "Development" means any construction or installation of a building or 27 structure, or any change in use of a building or structure, or any change in 28 the use, character or appearance of land, which creates additional demand and 29 need for public facilities or the subdivision of property that would permit 30 any change in the use, character or appearance of land. As used in this chap- 31 ter, "development" shall not include activities that would otherwise be sub- 32 ject to payment of the development impact fee if such activities are under- 33 taken by a taxing district, as defined in section 63-201, Idaho Code, in the 34 course of carrying out the taxing district's public responsibilities. 35 (8) "Development approval" means any written authorization from a govern- 36 mental entity which authorizes the commencement of a development. 37 (9) "Development impact fee" means a payment of money imposed as a condi- 38 tion of development approval to pay for a proportionate share of the cost of 39 system improvements needed to serve development. This term is also referred to 40 as an impact fee in this chapter. The term does not include the following: 41 (a) A charge or fee to pay the administrative, plan review, or inspection 42 costs associated with permits required for development; 43 (b) Connection or hookup charges; 2 1 (c) Availability charges for drainage, sewer, water, or transportation 2 charges for services provided directly to the development; or 3 (d) Amounts collected from a developer in a transaction in which the gov- 4 ernmental entity has incurred expenses in constructing capital improve- 5 ments for the development if the owner or developer has agreed to be 6 financially responsible for the construction or installation of the capi- 7 tal improvements, unless a written agreement is made pursuant to section 8 67-8209(3), Idaho Code, for credit or reimbursement. 9 (10) "Development requirement" means a requirement attached to a develop- 10 mental approval or other governmental action approving or authorizing a par- 11 ticular development project including, but not limited to, a rezoning, which 12 requirement compels the payment, dedication or contribution of goods, ser- 13 vices, land, or money as a condition of approval. 14 (11) "Extraordinary costs" means those costs incurred as a result of an 15 extraordinary impact. 16 (12) "Extraordinary impact" means an impact which is reasonably determined 17 by the governmental entity to: (i) result in the need for system improvements, 18 the cost of which will significantly exceed the sum of the development impact 19 fees to be generated from the project or the sum agreed to be paid pursuant to 20 a development agreement as allowed by section 67-8214(2), Idaho Code, or (ii) 21 result in the need for system improvements which are not identified in the 22 capital improvements plan. 23 (13) "Fee payer" means that person who pays or is required to pay a devel- 24 opment impact fee. 25 (14) "Governmental entity" means any unit of local government that is 26 empowered in this enabling legislation to adopt a development impact fee ordi- 27 nance. 28 (15) "Impact fee." See development impact fee. 29 (16) "Land use assumptions" means a description of the service area and 30 projections of land uses, densities, intensities, and population in the ser- 31 vice area over at least a twenty (20) year period. 32 (17) "Level of service" means a measure of the relationship between ser- 33 vice capacity and service demand for public facilities. 34 (18) "Manufactured home" means a structure, constructed according to 35 HUD/FHA mobile home construction and safety standards, transportable in one 36 (1) or more sections, which, in the traveling mode, is eight (8) feet or more 37 in width or is forty (40) body feet or more in length, or when erected on 38 site, is three hundred twenty (320) or more square feet, and which is built on 39 a permanent chassis and designed to be used as a dwelling with or without a 40 permanent foundation when connected to the required utilities, and includes 41 the plumbing, heating, air conditioning, and electrical systems contained 42 therein, except that such term shall include any structure which meets all the 43 requirements of this subsection except the size requirements and with respect 44 to which the manufacturer voluntarily files a certification required by the 45 secretary of housing and urban development and complies with the standards 46 established under 42 U.S.C. 5401, et seq. 47 (19) "Modular building" is as defined in section 39-4301, Idaho Code. 48 (20) "Present value" means the total current monetary value of past, pres- 49 ent, or future payments, contributions or dedications of goods, services, 50 materials, construction or money. 51 (21) "Project" means a particular development on an identified parcel of 52 land. 53 (22) "Project improvements" means site improvements and facilities that 54 are planned and designed to provide service for a particular development proj- 55 ect and that are necessary for the use and convenience of the occupants or 3 1 users of the project. 2 (23) "Proportionate share" means that portion of the cost of system 3 improvements determined pursuant to section 67-8207, Idaho Code, which reason- 4 ably relates to the service demands and needs of the project. 5 (24) "Public facilities" means: 6 (a) Water supply production, treatment, storage and distribution facili- 7 ties; 8 (b) Wastewater collection, treatment and disposal facilities; 9 (c) Roads, streets and bridges, including rights-of-way, traffic signals, 10 landscaping and any local components of state or federal highways; 11 (d) Storm water collection, retention, detention, treatment and disposal 12 facilities, flood control facilities, and bank and shore protection and 13 enhancement improvements; 14 (e) Parks, open space and recreation areas, and related capital improve- 15 ments; and 16 (f) Public safety facilities, including law enforcement, fire, emergency 17 medical and rescue and street lighting facilities. 18 (25) "Recreational vehicle" means a vehicular type unit primarily designed 19 as temporary quarters for recreational, camping, or travel use, which either 20 has its own motive power or is mounted on or drawn by another vehicle. 21 (26) "Service area" means any defined geographic area identified by a gov- 22 ernmental entity or by intergovernmental agreement in which specific public 23 facilities provide service to development within the area defined, on the 24 basis of sound planning or engineering principles or both. 25 (27) "Service unit" means a standardized measure of consumption, use, gen- 26 eration or discharge attributable to an individual unit of development calcu- 27 lated in accordance with generally accepted engineering or planning standards 28 for a particular category of capital improvements. 29 (28) "System improvements," in contrast to project improvements, means 30 capital improvements to public facilities which are designed to provide ser- 31 vice to a service area including, without limitation, the type of improvements 32 described in section 50-1703, Idaho Code. 33 (29) "System improvement costs" means costs incurred for construction or 34 reconstruction of system improvements, including design, acquisition, engi- 35 neering and other costs attributable thereto, and also including, without lim- 36 itation, the type of costs described in section 50-1702(h), Idaho Code, to 37 provide additional public facilities needed to serve new growth and develop- 38 ment. For clarification, system improvement costs do not include: 39 (a) Construction, acquisition or expansion of public facilities other 40 than capital improvements identified in the capital improvements plan; 41 (b) Repair, operation or maintenance of existing or new capital improve- 42 ments; 43 (c) Upgrading, updating, expanding or replacing existing capital improve- 44 ments to serve existing development in order to meet stricter safety, 45 efficiency, environmental or regulatory standards; 46 (d) Upgrading, updating, expanding or replacing existing capital improve- 47 ments to provide better service to existing development; 48 (e) Administrative and operating costs of the governmental entity unless 49 such costs are attributable to development of the capital improvement 50 plan, as provided in section 67-8208, Idaho Code; or 51 (f) Principal payments and interest or other finance charges on bonds or 52 other indebtedness except financial obligations issued by or on behalf of 53 the governmental entity to finance capital improvements identified in the 54 capital improvements plan. 4 1 SECTION 2. An emergency existing therefor, which emergency is hereby 2 declared to exist, this act shall be in full force and effect on and after its 3 passage and approval.
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-ninth Legislature Second Regular Session - 2008Moved by Snodgrass Seconded by Smith (24) IN THE HOUSE OF REPRESENTATIVES HOUSE AMENDMENT TO H.B. NO. 656 1 AMENDMENT TO SECTION 1 2 On page 1 of the printed bill, in line 34, following "responsibilities" 3 insert: ", unless the adopted impact fee ordinance expressly includes taxing 4 districts as being subject to development impact fees".
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-ninth Legislature Second Regular Session - 2008IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 656, As Amended BY REVENUE AND TAXATION COMMITTEE 1 AN ACT 2 RELATING TO DEVELOPMENT IMPACT FEES; AMENDING SECTION 67-8203, IDAHO CODE, TO 3 REVISE THE DEFINITION OF "DEVELOPMENT"; AND DECLARING AN EMERGENCY. 4 Be It Enacted by the Legislature of the State of Idaho: 5 SECTION 1. That Section 67-8203, Idaho Code, be, and the same is hereby 6 amended to read as follows: 7 67-8203. DEFINITIONS. As used in this chapter: 8 (1) "Affordable housing" means housing affordable to families whose 9 incomes do not exceed eighty percent (80%) of the median income for the ser- 10 vice area or areas within the jurisdiction of the governmental entity. 11 (2) "Appropriate" means to legally obligate by contract or otherwise com- 12 mit to use by appropriation or other official act of a governmental entity. 13 (3) "Capital improvements" means improvements with a useful life of ten 14 (10) years or more, by new construction or other action, which increase the 15 service capacity of a public facility. 16 (4) "Capital improvement element" means a component of a comprehensive 17 plan adopted pursuant to chapter 65, title 67, Idaho Code, which component 18 meets the requirements of a capital improvements plan pursuant to this chap- 19 ter. 20 (5) "Capital improvements plan" means a plan adopted pursuant to this 21 chapter that identifies capital improvements for which development impact fees 22 may be used as a funding source. 23 (6) "Developer" means any person or legal entity undertaking development, 24 including a party that undertakes the subdivision of property pursuant to sec- 25 tions 50-1301 through 50-1334, Idaho Code. 26 (7) "Development" means any construction or installation of a building or 27 structure, or any change in use of a building or structure, or any change in 28 the use, character or appearance of land, which creates additional demand and 29 need for public facilities or the subdivision of property that would permit 30 any change in the use, character or appearance of land. As used in this chap- 31 ter, "development" shall not include activities that would otherwise be sub- 32 ject to payment of the development impact fee if such activities are under- 33 taken by a taxing district, as defined in section 63-201, Idaho Code, in the 34 course of carrying out the taxing district's public responsibilities, unless 35 the adopted impact fee ordinance expressly includes taxing districts as being 36 subject to development impact fees. 37 (8) "Development approval" means any written authorization from a govern- 38 mental entity which authorizes the commencement of a development. 39 (9) "Development impact fee" means a payment of money imposed as a condi- 40 tion of development approval to pay for a proportionate share of the cost of 41 system improvements needed to serve development. This term is also referred to 42 as an impact fee in this chapter. The term does not include the following: 43 (a) A charge or fee to pay the administrative, plan review, or inspection 2 1 costs associated with permits required for development; 2 (b) Connection or hookup charges; 3 (c) Availability charges for drainage, sewer, water, or transportation 4 charges for services provided directly to the development; or 5 (d) Amounts collected from a developer in a transaction in which the gov- 6 ernmental entity has incurred expenses in constructing capital improve- 7 ments for the development if the owner or developer has agreed to be 8 financially responsible for the construction or installation of the capi- 9 tal improvements, unless a written agreement is made pursuant to section 10 67-8209(3), Idaho Code, for credit or reimbursement. 11 (10) "Development requirement" means a requirement attached to a develop- 12 mental approval or other governmental action approving or authorizing a par- 13 ticular development project including, but not limited to, a rezoning, which 14 requirement compels the payment, dedication or contribution of goods, ser- 15 vices, land, or money as a condition of approval. 16 (11) "Extraordinary costs" means those costs incurred as a result of an 17 extraordinary impact. 18 (12) "Extraordinary impact" means an impact which is reasonably determined 19 by the governmental entity to: (i) result in the need for system improvements, 20 the cost of which will significantly exceed the sum of the development impact 21 fees to be generated from the project or the sum agreed to be paid pursuant to 22 a development agreement as allowed by section 67-8214(2), Idaho Code, or (ii) 23 result in the need for system improvements which are not identified in the 24 capital improvements plan. 25 (13) "Fee payer" means that person who pays or is required to pay a devel- 26 opment impact fee. 27 (14) "Governmental entity" means any unit of local government that is 28 empowered in this enabling legislation to adopt a development impact fee ordi- 29 nance. 30 (15) "Impact fee." See development impact fee. 31 (16) "Land use assumptions" means a description of the service area and 32 projections of land uses, densities, intensities, and population in the ser- 33 vice area over at least a twenty (20) year period. 34 (17) "Level of service" means a measure of the relationship between ser- 35 vice capacity and service demand for public facilities. 36 (18) "Manufactured home" means a structure, constructed according to 37 HUD/FHA mobile home construction and safety standards, transportable in one 38 (1) or more sections, which, in the traveling mode, is eight (8) feet or more 39 in width or is forty (40) body feet or more in length, or when erected on 40 site, is three hundred twenty (320) or more square feet, and which is built on 41 a permanent chassis and designed to be used as a dwelling with or without a 42 permanent foundation when connected to the required utilities, and includes 43 the plumbing, heating, air conditioning, and electrical systems contained 44 therein, except that such term shall include any structure which meets all the 45 requirements of this subsection except the size requirements and with respect 46 to which the manufacturer voluntarily files a certification required by the 47 secretary of housing and urban development and complies with the standards 48 established under 42 U.S.C. 5401, et seq. 49 (19) "Modular building" is as defined in section 39-4301, Idaho Code. 50 (20) "Present value" means the total current monetary value of past, pres- 51 ent, or future payments, contributions or dedications of goods, services, 52 materials, construction or money. 53 (21) "Project" means a particular development on an identified parcel of 54 land. 55 (22) "Project improvements" means site improvements and facilities that 3 1 are planned and designed to provide service for a particular development proj- 2 ect and that are necessary for the use and convenience of the occupants or 3 users of the project. 4 (23) "Proportionate share" means that portion of the cost of system 5 improvements determined pursuant to section 67-8207, Idaho Code, which reason- 6 ably relates to the service demands and needs of the project. 7 (24) "Public facilities" means: 8 (a) Water supply production, treatment, storage and distribution facili- 9 ties; 10 (b) Wastewater collection, treatment and disposal facilities; 11 (c) Roads, streets and bridges, including rights-of-way, traffic signals, 12 landscaping and any local components of state or federal highways; 13 (d) Storm water collection, retention, detention, treatment and disposal 14 facilities, flood control facilities, and bank and shore protection and 15 enhancement improvements; 16 (e) Parks, open space and recreation areas, and related capital improve- 17 ments; and 18 (f) Public safety facilities, including law enforcement, fire, emergency 19 medical and rescue and street lighting facilities. 20 (25) "Recreational vehicle" means a vehicular type unit primarily designed 21 as temporary quarters for recreational, camping, or travel use, which either 22 has its own motive power or is mounted on or drawn by another vehicle. 23 (26) "Service area" means any defined geographic area identified by a gov- 24 ernmental entity or by intergovernmental agreement in which specific public 25 facilities provide service to development within the area defined, on the 26 basis of sound planning or engineering principles or both. 27 (27) "Service unit" means a standardized measure of consumption, use, gen- 28 eration or discharge attributable to an individual unit of development calcu- 29 lated in accordance with generally accepted engineering or planning standards 30 for a particular category of capital improvements. 31 (28) "System improvements," in contrast to project improvements, means 32 capital improvements to public facilities which are designed to provide ser- 33 vice to a service area including, without limitation, the type of improvements 34 described in section 50-1703, Idaho Code. 35 (29) "System improvement costs" means costs incurred for construction or 36 reconstruction of system improvements, including design, acquisition, engi- 37 neering and other costs attributable thereto, and also including, without lim- 38 itation, the type of costs described in section 50-1702(h), Idaho Code, to 39 provide additional public facilities needed to serve new growth and develop- 40 ment. For clarification, system improvement costs do not include: 41 (a) Construction, acquisition or expansion of public facilities other 42 than capital improvements identified in the capital improvements plan; 43 (b) Repair, operation or maintenance of existing or new capital improve- 44 ments; 45 (c) Upgrading, updating, expanding or replacing existing capital improve- 46 ments to serve existing development in order to meet stricter safety, 47 efficiency, environmental or regulatory standards; 48 (d) Upgrading, updating, expanding or replacing existing capital improve- 49 ments to provide better service to existing development; 50 (e) Administrative and operating costs of the governmental entity unless 51 such costs are attributable to development of the capital improvement 52 plan, as provided in section 67-8208, Idaho Code; or 53 (f) Principal payments and interest or other finance charges on bonds or 54 other indebtedness except financial obligations issued by or on behalf of 55 the governmental entity to finance capital improvements identified in the 4 1 capital improvements plan. 2 SECTION 2. An emergency existing therefor, which emergency is hereby 3 declared to exist, this act shall be in full force and effect on and after its 4 passage and approval.
STATEMENT OF PURPOSE
RS 18060C2
The proposed legislation clarifies that the definition of
"development" under the Idaho Development Impact Fee law does not
include public facilities constructed by taxing districts.
FISCAL NOTE
No fiscal impact to the state. There would be a small loss
of revenue for local jurisdictions currently receiving impact
fees from other local governments, which would be offset by
positive fiscal impact to local governments paying impact fees.
CONTACT
Rep. Mark Snodgrass
Phone: 332-1000
Ken Harward, Association of Idaho Cities
Phone: (208) 344-8594
STATEMENT OF PURPOSE/FISCAL NOTE H 656