SB 5148

SENATE BILL REPORT
SB 5148

This analysis was prepared by non-partisan legislative staff for the use of legislative members in their deliberations. This analysis is not a part of the legislation nor does it constitute a statement of legislative intent.

As Reported By Senate Committee On:
Transportation, February 12, 2007

Title: An act relating to clarifying the definition of development activity with regard to regional transit authorities.

Brief Description: Clarifying the definition of development activity in respect to construction by a regional transit authority.

Majority Report: Do pass.Signed by Senators Haugen, Chair; Marr, Vice Chair; Murray, Vice Chair; Swecker, Ranking Minority Member; Berkey, Clements, Delvin, Eide, Holmquist, Jacobsen, Kastama, Kauffman, Kilmer, Pflug, Sheldon and Spanel.

Minority Report: That it be referred without recommendation.Signed by Senator Benton.

Background: Under current law, counties, cities, and towns that are required or choose to plan under the Growth Management Act may impose impact fees on development activity as part of the financing for public facilities needed to serve new growth and development. The impact fees: (1) may only be imposed for system improvements that are reasonably related to the new development; (2) may not exceed a proportionate share of the costs of system improvements that are reasonably related to the new development; and (3) must be used for system improvements that will reasonably benefit the new development.

Summary of Bill: Buildings or structures constructed by a regional transit authority (e.g., Sound Transit) are specifically exempted from the type of development activity subject to the imposition of local government impact fees.

Effective Date: Ninety days after adjournment of session in which bill is passed.

Staff Summary of Public Testimony: PRO: Some have argued that various publicly-financed transit projects may be subject to impact fees. This bill clarifies that ambiguity by placing into statute that regional transit authority construction projects are not subject to impact fees. Without this legislation, it costs Sound Transit a lot of money and time to negotiate with the applicable local governments regarding this issue.