H-1410

AN ACT Relating to impact fees for school facilities; amending RCW 82.02.090; adding a new section to chapter 82.02 RCW; adding a new section to chapter 28A.315 RCW; and adding a new section to chapter 28A.525 RCW.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

Sec. 1. RCW 82.02.090 and 1990 1st ex.s. c 17 s 48 are each amended to read as follows:

Unless the context clearly requires otherwise, the following definitions shall apply in RCW 82.02.050 through 82.02.090:

(1) "Development activity" means any construction or expansion of a building, structure, or use, any change in use of a building or structure, or any changes in the use of land, that creates additional demand and need for public facilities.

(2) "Development approval" means any written authorization from a county, city, or town which authorizes the commencement of development activity.

(3) "Impact fee" means a payment of money imposed upon development as a condition of development approval to pay for public facilities needed to serve new growth and development, and that is reasonably related to the new development that creates additional demand and need for public facilities, that is a proportionate share of the cost of the public facilities, and that is used for facilities that reasonably benefit the new development. "Impact fee" does not include a reasonable permit or application fee.

(4) "Owner" means the owner of record of real property, although when real property is being purchased under a real estate contract, the purchaser shall be considered the owner of the real property if the contract is recorded.

(5) "Proportionate share" means that portion of the cost of public facility improvements that are reasonably related to the service demands and needs of new development.

(6) "Project improvements" mean site improvements and facilities that are planned and designed to provide service for a particular development project and that are necessary for the use and convenience of the occupants or users of the project, and are not system improvements. No improvement or facility included in a capital facilities plan approved by the governing body of the county, city, or town shall be considered a project improvement.

(7) "Public facilities" means the following capital facilities owned or operated by government entities: (a) Public streets and roads; (b) publicly owned parks, open space, and recreation facilities; (c) school facilities, subject to section 2 of this act; and (d) fire protection facilities in jurisdictions that are not part of a fire district.

(8) "Service area" means a geographic area defined by a county, city, town, or intergovernmental agreement in which a defined set of public facilities provide service to development within the area. Service areas shall be designated on the basis of sound planning or engineering principles.

(9) "System improvements" mean public facilities that are included in the capital facilities plan and are designed to provide service to service areas within the community at large, in contrast to project improvements.

NEW SECTION. Sec. 2. A new section is added to chapter 82.02 RCW to read as follows:

(1) School districts that have common boundaries, upon the request of a developer building five or more single family units under a single permit, shall change their boundaries when the change will move a new development from a school district receiving impact fees to one that does not where sufficient capacity exists to accommodate the new development and where it is not excessively burdensome to change the boundaries. The superintendent of public instruction shall approve all boundary changes under this section, review all denials for boundary changes requested under this section, and mediate disputes regarding requested boundary changes under this section.

(2) The amount of impact fees collected for school facilities on behalf of a school district in a given year shall be deducted from that district's matching fund from the common school construction fund for school plant facilities for that year.

NEW SECTION. Sec. 3. A new section is added to chapter 28A.315 RCW to read as follows:

School districts that have common boundaries, upon the request of a developer building five or more single family units under a single permit, shall change their boundaries when the change will move a new development from a school district receiving impact fees to one that does not where sufficient capacity exists to accommodate the new development and where it is not excessively burdensome to change the boundaries. The superintendent of public instruction shall approve all boundary changes under this section, review all denials for boundary changes requested under this section, and mediate disputes regarding requested boundary changes under this section.

NEW SECTION. Sec. 4. A new section is added to chapter 28A.525 RCW to read as follows:

The amount of impact fees collected for school facilities on behalf of a school district in a given year under RCW 82.02.050 through 82.02.090 shall be deducted from that district's matching fund from the common school construction fund for school plant facilities for that year.