House Bill 1233
By: Representatives Carpenter of the 4th, Crowe of the 118th, Clifton of the 131st, Frye of the
122nd, and Washburn of the 144th
A BILL TO BE ENTITLED
AN ACT
To amend Chapter 71 of Title 36 of the Official Code of Georgia Annotated, relating to
development impact fees, so as to authorize local governments to waive development impact
fees for certain projects related to the development of affordable or workforce housing
without increasing other impact fees to offset such lost funds; to provide for related matters;
to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Chapter 71 of Title 36 of the Official Code of Georgia Annotated, relating to development
impact fees, is amended in Code Section 36-71-4, relating to calculation, by revising
subsection (l) as follows:
"(l) A municipal or county development impact fee ordinance may exempt all or part of
particular development projects from development impact fees if:
(1) Such projects are determined to create extraordinary economic development and
employment growth or affordable housing;
(2) The public policy which supports the exemption is contained in the municipality's or
county's comprehensive plan; and
(3) The exempt development project's proportionate share of the system improvement
is funded through a revenue source other than development impact fees; <ins>provided,
however, that, if a development project creates workforce housing consisting of
single-family residences intended primarily for owner occupancy and meets the
requirements of paragraph (2) of this subsection, then a municipal or county development
impact fee ordinance may waive the requirements of this paragraph; and provided,
further, that, if a municipality or county waives the requirements of this paragraph for a
project that creates workforce housing, the municipality or county is prohibited from
increasing development impact fees on other projects for the sole purpose of offsetting
the loss of development impact fee revenue resulting from the exempted workforce
housing project."
</ins> SECTION 2.
All laws and parts of laws in conflict with this Act are repealed.