The Georgia Senate approved a measure last week that will allow school systems to assess impact fees for development when the development alters the educational infrastructure needed.
Last week, the Georgia State Senate approved Senate Bill 208 and Senate Resolution 189, both measures sponsored by Sen. Greg Dolezal, a Republican from Cumming.
SB 208 introduces development impact fees for education, as the current law only allows impact fees to be imposed by county governments and municipalities. Specifically, the bill would require that a school system be considered ‘high growth’ in that it expects:
- a total increase in system wide student enrollment of 20 percent or more during the immediately preceding ten-year period; AND
- total expenditures of $250 million or more on the construction of new educational facilities during the immediately preceding ten-year period.
The bill further allows local boards of education of a high growth school system to use the resolution process to impose, levy, and collect educational development impact fees. An advisory committee for the school system must first be created, which would make recommendations to the local board of education. The committee would be required to consider:
- where students would be coming from, such as single-family houses, apartments, condominiums, multifamily housing, age restricted communities, assisted or senior living facilities, and other residential rental properties;
- how the educational development impact fees shall be used to offset bonded indebtedness, educational special purpose local option sales taxes, millage rates, and other tax burdens on citizens residing in the area served by the school system.
If the board of education decides to adopt the recommendations of the committee, the impact fees would have to be approved by a local referendum of the qualified voters residing within the limits of the local school system.
The impact fees would then be valid for ten years, but the local board of education would have the authority to lower or remove the fees altogether at any time.
In conjunction with SB 208, SR 189 would place a ballot measure on the November ballot, allowing voters to change the Constitution, a requirement in order for this bill to take effect. Dolezal says the amendment to the state constitution would “empower local boards of education to impose, levy, and collect these fees, utilizing the proceeds to contribute to the cost of additional educational facilities.”
Sen. Dolezal applauded the passage of these bills saying, “I am pleased to announce the passage of both SB 208 and SR 189 through the Senate last week, vital measures that will positively impact our states education for generations to come. Developer impact fees for schools have long been discussed by my Forsyth constituents, and I am happy to see this measure pass the Senate with overwhelming support. While our state continues to experience growth and development, it is crucial that we alleviate the strain on our infrastructure and essential services, including schools. Enabling the implementation of development impact fees for education and related services will help offset the additional costs associated with maintaining these vital services, require development to pay their fair share of infrastructure expansion and keep taxes low for homeowners.”
SB 208 and SR 189 will now go before the Georgia House of Representatives for consideration.
You can read the full text of SB 208 here and SR 189 here.
