| Passed by the Senate March 6, 2009 YEAS 31 BRAD OWEN ________________________________________ President of the Senate Passed by the House April 14, 2009 YEAS 59 FRANK CHOPP ________________________________________ Speaker of the House of Representatives | I, Thomas Hoemann, Secretary of the Senate of the State of Washington, do hereby certify that the attached is SENATE BILL 5580 as passed by the Senate and the House of Representatives on the dates hereon set forth. THOMAS HOEMANN ________________________________________ Secretary | |
| Approved April 28, 2009, 4:32 p.m. CHRISTINE GREGOIRE ________________________________________ Governor of the State of Washington | April 29, 2009 Secretary of State State of Washington |
| State of Washington | 61st Legislature | 2009 Regular Session |
Read first time 01/27/09. Referred to Committee on Ways & Means.
AN ACT Relating to the time limits of school impact fee expenditures; amending RCW 82.02.070; and adding a new section to chapter 82.02 RCW.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1 RCW 82.02.070 and 1990 1st ex.s. c 17 s 46 are each
amended to read as follows:
(1) Impact fee receipts shall be earmarked specifically and
retained in special interest-bearing accounts. Separate accounts shall
be established for each type of public facility for which impact fees
are collected. All interest shall be retained in the account and
expended for the purpose or purposes for which the impact fees were
imposed. Annually, each county, city, or town imposing impact fees
shall provide a report on each impact fee account showing the source
and amount of all moneys collected, earned, or received and system
improvements that were financed in whole or in part by impact fees.
(2) Impact fees for system improvements shall be expended only in
conformance with the capital facilities plan element of the
comprehensive plan.
(3)(a) Except as provided otherwise by (b) of this subsection,
impact fees shall be expended or encumbered for a permissible use
within six years of receipt, unless there exists an extraordinary and
compelling reason for fees to be held longer than six years. Such
extraordinary or compelling reasons shall be identified in written
findings by the governing body of the county, city, or town.
(b) School impact fees must be expended or encumbered for a
permissible use within ten years of receipt, unless there exists an
extraordinary and compelling reason for fees to be held longer than ten
years. Such extraordinary or compelling reasons shall be identified in
written findings by the governing body of the county, city, or town.
(4) Impact fees may be paid under protest in order to obtain a
permit or other approval of development activity.
(5) Each county, city, or town that imposes impact fees shall
provide for an administrative appeals process for the appeal of an
impact fee; the process may follow the appeal process for the
underlying development approval or the county, city, or town may
establish a separate appeals process. The impact fee may be modified
upon a determination that it is proper to do so based on principles of
fairness. The county, city, or town may provide for the resolution of
disputes regarding impact fees by arbitration.
NEW SECTION. Sec. 2 A new section is added to chapter 82.02 RCW
to read as follows:
Criteria must be developed by the office of the superintendent of
public instruction for extending the use of school impact fees from six
to ten years and this extension must require an evaluation for each
respective school board of the appropriateness of the extension.