SENATE BILL REPORT
SB 5289
As of January 17, 2023
Title: An act relating to allowing the use of impact fees for law enforcement.
Brief Description: Concerning allowing the use of impact fees for law enforcement.
Sponsors: Senators Shewmake, Holy, Lovick and Wagoner.
Brief History:
Committee Activity: Local Government, Land Use & Tribal Affairs: 1/19/23.
Brief Summary of Bill
  • Amends the definition of public facilities, within the context of impact fees, to add law enforcement facilities.
SENATE COMMITTEE ON LOCAL GOVERNMENT, LAND USE & TRIBAL AFFAIRS
Staff: Karen Epps (786-7424)
Background:

Growth Management Act. The Growth Management Act (GMA) is the comprehensive land use planning framework for county and city governments in Washington. Enacted in 1990 and 1991, the GMA establishes numerous planning requirements for counties and cities obligated by mandate or choice to fully plan under the GMA—planning jurisdictions—and a reduced number of directives for all other counties and cities. Twenty-eight of Washington's 39 counties, and the cities within those counties, are planning jurisdictions.


Impact Fees. Planning jurisdictions may impose impact fees on development activity to finance certain public facility improvements that are addressed by the capital facilities plan element of a comprehensive plan. This financing must provide a balance between impact fees and other sources of public funds and cannot rely solely on impact fees.  Impact fees may only be imposed for system improvements, a term defined in statute, that are reasonably related to the new development, may not exceed a proportionate share of the costs of system improvements, and must be used for system improvements that will reasonably benefit the new development.


Impact fees may be collected and spent only for qualifying public facilities included within a capital facilities plan element of a comprehensive plan. Public facilities, within the context of impact fee statutes, are the following capital facilities owned or operated by government entities:

  • public streets and roads;
  • publicly owned parks, open space, and recreation facilities;
  • school facilities; and
  • fire protection facilities.

 

County and city ordinances by which impact fees are imposed must conform with specific requirements. Among other obligations, these ordinances must include a schedule of impact fees for each type of development activity for which a fee is imposed.

Summary of Bill:

The definition of public facilities is amended to add law enforcement facilities.

Appropriation: None.
Fiscal Note: Not requested.
Creates Committee/Commission/Task Force that includes Legislative members: No.
Effective Date: Ninety days after adjournment of session in which bill is passed.