SR 52: 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 pay for the extra public facilities that growth requires. This resolution proposes adding a new paragraph to the constitution allowing the General Assembly to pass a general law letting local school boards impose, levy, and collect these fees in areas of their district experiencing new growth. Under the proposal, a county or city that receives a fee resolution from a local school board would have to collect the fee as a condition of approving new development. The money raised would have to be spent on additional educational facilities serving the same growing area where the fee was charged. Because this is a constitutional amendment, it must be approved by Georgia voters in a statewide referendum before it can take effect, and the resolution sets out the exact ballot question voters would see.

• Proposes adding a new paragraph to Article VIII, Section VI of the Georgia Constitution allowing the General Assembly to authorize school impact fees by general law.
• Would let local boards of education impose, levy, and collect development impact fees in areas of their district seeing new growth and development.
• Requires counties and cities that receive a fee resolution from a school board to collect the fee as a condition of approving development.
• Requires that impact fee proceeds be spent only on additional educational facilities serving the same growing area where the fee was collected.
• Sends the proposed constitutional amendment to Georgia voters for ratification or rejection in a statewide referendum.

Local boards of education, which would gain new fee-raising power; real estate developers and builders, who would pay the fees; county and municipal governments, which would have to collect the fees as part of development approval; and Georgia voters, who would decide the amendment's fate at the ballot box.

If ratified, fast-growing Georgia school districts could tap a new funding source tied directly to new construction, potentially easing pressure on other tax revenue for building schools. Developers in those areas would face an added cost, and the change would take effect only if a majority of voters approve it.

• Section 1 adds a new Paragraph V to Article VIII, Section VI of the Georgia Constitution authorizing the General Assembly to let local boards of education impose development impact fees by general law.
• The fees may only be imposed in areas of a local school system experiencing new growth and development.
• Counties and municipalities must collect a school board's imposed fee as a condition of approving development in that area.
• Fee proceeds must be used to pay for a share of the cost of additional educational facilities serving the same growth area.
• Section 2 sets the ballot question 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
• property development
• education facilities