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Senate passes 7th-substitute bill tightening rules for local impact fees after heated debate
Summary
The Utah Senate on Feb. 23 approved a seventh-substitute to Senate Bill 95, a statewide framework limiting what cities and counties can charge as development impact fees, after hours of debate and floor amendments that failed to restore school-district fee authority but added fire stations as eligible capital facilities.
SALT LAKE CITY — After nearly four hours of floor debate and several roll-call and voice votes, the Utah State Senate approved the seventh-substitute version of Senate Bill 95 on Feb. 23, a statewide law that defines which capital facilities local governments may recoup through development impact fees and sets standards for studies, grandfathering and appeals.
Senator (sponsor) Mansell, who carried the bill, told colleagues the measure is a negotiated compromise intended to curb proliferation and inconsistent use of impact fees by municipalities while preserving a limited set of capital facilities—water, wastewater, stormwater, flood control, municipal power, roads and parks—for fee recovery. Mansell said the bill includes a capital-improvements planning requirement and a “reasonable nexus” test so fees are proportionate to the development’s impacts.
Supporters said the bill forces planning and prevents unfair local practices that raise…
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