Georgia House of Representatives - 1995/1996 Sessions

HB 64 - Certain development impact fees; exemption

Page Numbers - 1/ 2

1. Holmes  53rd


House Comm: SPCA       /                Senate Comm:            /                                   
House Vote: Yeas       Nays             Senate Vote: Yeas     Nays                                  
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               House          Action         Senate                                                 
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              1/9/95   Read 1st Time                                                                
              1/10/95  Read 2nd Time                                                                
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Rules Suspended to Introduce                                                                        
                                                                                                    
Code Sections amended: 36-71-4                                                                      


HB 64                                             LC 10 0997






                        A BILL TO BE ENTITLED
                               AN ACT


  1- 1  To amend Code Section 36-71-4 of the Official Code of
  1- 2  Georgia Annotated, relating to the calculation of
  1- 3  development impact fees, so as to provide that a municipal
  1- 4  or county development impact fee ordinance may exempt all or
  1- 5  part of particular development projects in areas designated
  1- 6  by the federal government as "empowerment zones" or
  1- 7  "enterprise communities" from development impact fees if
  1- 8  such projects are determined to create extraordinary
  1- 9  economic development and employment growth or affordable
  1-10  housing; to provide that an alternative source of revenue
  1-11  shall not be required for the exempt development's
  1-12  proportionate share of the system improvement in such
  1-13  designated areas or communities; to provide an effective
  1-14  date; to repeal conflicting laws; and for other purposes.

  1-15       BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

                         SECTION 1.

  1-16  Code Section 36-71-4 of the Official Code of Georgia
  1-17  Annotated, relating to the calculation of development impact
  1-18  fees, is amended by striking subsection (l) in its entirety
  1-19  and inserting in lieu thereof a new subsection (l) to read
  1-20  as follows:

  1-21      "(l)(1) Except as provided in paragraph (2) of this
  1-22      subsection, a A municipal or county development impact
  1-23      fee ordinance may exempt all or part of particular
  1-24      development projects from development impact fees if:

  1-25        (1)(A) Such projects are determined to create
  1-26        extraordinary economic development and employment
  1-27        growth or affordable housing;

  1-28        (2)(B) The public policy which supports the exemption
  1-29        is contained in the municipality's or county's
  1-30        comprehensive plan; and





                                 -1- (Index)

                                                  LC 10 0997

  2- 1        (3)(C) The exempt development's proportionate share of
  2- 2        the system improvement is funded through a revenue
  2- 3        source other than development impact fees.

  2- 4      (2) A municipal or county development impact fee
  2- 5      ordinance may exempt all or part of particular
  2- 6      development projects in areas designated by the federal
  2- 7      government as 'empowerment zones' or 'enterprise
  2- 8      communities' from development impact fees if such
  2- 9      projects are determined to create extraordinary economic
  2-10      development and employment growth or affordable housing.
  2-11      An alternative source of revenue shall not be required
  2-12      for the exempt development's proportionate share of the
  2-13      system improvement in such designated areas or
  2-14      communities."

                         SECTION 2.

  2-15  This Act shall become effective upon its approval by the
  2-16  Governor or upon its becoming law without such approval.

                         SECTION 3.

  2-17  All laws and parts of laws in conflict with this Act are
  2-18  repealed.


























                                 -2- (Index)