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House substitutes impact-fee bill to clarify charges for school districts and charter schools

Utah House of Representatives · February 27, 2009
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Summary

After uncircling HB 259, the House adopted a substitute that clarifies when cities may charge impact fees to school districts and charter schools, requires preliminary drawings and allows credits for infrastructure work; the sponsor said the substitute balances city and school interests.

Salt Lake City — The House moved Tuesday to reshape how local governments may charge impact fees for new school projects, adopting a first substitute to House Bill 259 after the measure was uncircled.

Representative Sandra Sandstrom (transcript name: Representative Sandstrom) argued the substitute reflects negotiations between school districts, cities and towns. The first substitute allows impact fees to be charged to school districts and charter schools only when they can show a direct impact the project will have on city infrastructure; districts must submit preliminary drawings early in the process and may receive credits for infrastructure investments such as sewer improvements. Cities retain authority to waive impact fees, and the bill prohibits impact fees for open space, parks and trails and for replacement buildings with no increased impact, sponsor said.

The sponsor said the change "keeps the integrity of an impact fee in place" while clarifying the statute's application and ensuring parity between school districts and charter schools.

Next steps: First substitute was adopted on the floor and will proceed through the legislative process.