HB1233: HB1233 Local government; waive development impact fees for certain projects related to development of affordable or workforce housing; authorize

26 LC 47 3984 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 to1 development impact fees, so as to authorize local governments to waive development impact2 fees for certain projects related to the development of afforda ble or workforce housing3 without increasing other impact fees to offset such lost funds; to provide for related matters;4 to repeal conflicting laws; and for other purposes.5 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:6 SECTION 1.7 Chapter 71 of Title 36 of the Official Code of Georgia Annotated, relating to development8 impact fees, is amended in Code Section 36-71-4, relating to ca lculation, by revising9 subsection (l) as follows:10 "(l) A municipal or county development impact fee ordinance may exempt all or part of11 particular development projects from development impact fees if:12 (1) Such projects are determined to create extraordinary econo mic development and13 employment growth or affordable housing;14 (2) The public policy which supports the exemption is contained in the municipality's or15 county's comprehensive plan; and16 H. B. 1233 - 1 - 26 LC 47 3984 (3) The exempt development project's proportionate share of th e system improvement17 is funded through a revenue source other than development impac t fees; provided,18 however, that, if a development project creates workforce housi ng consisting of19 single-family residences intended primarily for owner occupancy and meets the20 requirements of paragraph (2) of this subsection, then a municipal or county development21 impact fee ordinance may waive the requirements of this paragra ph; and provided,22 further, that, if a municipality or county waives the requirements of this paragraph for a23 project that creates workforce housing, the municipality or cou nty is prohibited from24 increasing development impact fees on other projects for the sole purpose of offsetting25 the loss of development impact fee revenue resulting from the e xempted workforce26 housing project."27 SECTION 2.28 All laws and parts of laws in conflict with this Act are repealed.29 H. B. 1233 - 2 -