SR52: SR52 Development Impact Fees for Educational Purposes -CA

Right now, Georgia's constitution does not give local boards of education the power to charge development impact fees, which are one-time charges on new construction meant to help cover the cost of public facilities needed because of growth. This resolution proposes a constitutional amendment that would let the General Assembly pass a general law authorizing local school boards to impose, levy, and collect these fees in areas of their district experiencing new growth and development. Under the proposed change, a county or municipality that receives a resolution from a local board of education imposing such a fee would have to collect it as a condition of approving new development. The money collected would have to be spent on additional educational facilities serving the same growth area where the fee was charged. Because this is a constitutional amendment, it must go before Georgia voters for ratification, with the resolution setting out the exact yes or no ballot language voters would see.

• Proposes adding a new paragraph to Article VIII, Section VI of the Georgia Constitution allowing local boards of education to impose development impact fees.
• Requires the General Assembly to pass a general law before any local board of education could actually use this power.
• Requires counties or municipalities to collect a development impact fee as a condition of approving development, once a local school board has passed a resolution imposing one.
• Restricts how the fee proceeds can be spent, limiting them to a share of the cost of new educational facilities serving the same growth area.
• Sends the proposed amendment to Georgia voters for a statewide yes or no ratification vote.

Local boards of education across Georgia, county and municipal governments that approve development permits, real estate developers and builders who would pay the new fees, and Georgia voters, who would decide whether to ratify the constitutional change.

If ratified, fast-growing school districts could gain a new funding tool tied directly to new construction, potentially easing pressure on other funding sources for school buildings. Developers in those areas could face added upfront costs, and counties and cities would take on a new fee-collection duty tied to school board decisions.

• Section 1 adds a new Paragraph V to Article VIII, Section VI of the Constitution authorizing the General Assembly to let local boards of education impose development impact fees by resolution in growth areas.
• Section 1 requires counties or municipalities to collect a fee imposed by a local board of education as a condition of approving development.
• Section 1 limits use of fee proceeds to paying a share of the cost of additional educational facilities serving the same growth area where the fee was collected.
• Section 2 sets the exact ballot language voters will see and specifies the amendment becomes part of the Constitution only if ratified.

1. 2025-01-29Senate Read and Referred (Senate)
2. 2025-01-28Senate Hopper (Senate)

• Greg Dolezal (R, SD-027)Primary sponsor
• Shawn Still (R, SD-048)
• Jason Anavitarte (R, SD-031)

• school funding
• development impact fees
• constitutional amendment
• local school boards
• growth and development