Introduced by Rep. Marko Liias (Lynnwood) (D) on February 4, 2013
Requires counties, cities, and towns collecting impact fees to adopt a permanent system for the collection of the fees from applicants for certain residential building permits. (See also SB 5664). Official Text and Analysis.
Referred to the House Local Government Committee on February 4, 2013
Substitute offered in the House on February 22, 2013
Removes provisions in the underlying bill specifying that: a seller or a
seller's agent, or both, of property subject to an impact fee deferral covenant must provide
written disclosure of the covenant to a purchaser or prospective purchaser; and disclosure of
the covenant must include the amount of impact fees payable and the entities to which fees
are to be paid at closing. The substitute bill adds a provision obligating the seller of a
property subject to an impact fee deferral covenant to provide written disclosure of the
covenant in accordance with existing sellers' disclosure requirements for real property
transfers.
Referred to the House Rules Committee on February 22, 2013
Amendment offered by Rep. Marko Liias (Lynnwood) (D) on March 6, 2013
Specifies that, in using the covenant-based impact
fee deferral process required in the underlying bill, the development
permit applicant must, rather than may, record a covenant against title
to the lot or unit subject to the impact fee obligation. (2) Modifies
covenant provisions to specify that the applicable deferral-related
covenant must be a lien that is binding upon all successors in title
after its recording. (3) Deletes a provision requiring recorded
covenants to provide for the payment of a deferred impact fee through
escrow. (4) Specifies that counties, cities, or towns with processes
to delay all impact fees in place prior to the effective date are
exempt from the deferral requirements of the underlying bill if the
prior deferral processes remain in effect. (5) Authorizes prior impact
fee deferral processes of local governments to be amended in accordance
with specified requirements. (6) Establishes a delayed effective date
for the bill of December 1, 2013.
The amendment passed by voice vote in the House on March 6, 2013
Obligates counties, cities, and towns to adopt deferral systems for the
collection of impact fees from applicants for residential building permits
through a covenant-based process, or through a process that delays payment
until final inspection, certificate of occupancy, or equivalent certification.
Authorizes counties, cities, and towns to adopt alternative impact fee
collection deferral systems if certain requirements are met.
Delays the starting of the six-year time frame for satisfying concurrency
provisions of the Growth Management Act until after the county or city
receives full payment of all deferred impact fees.
Received in the Senate on March 8, 2013
Referred to the Senate Government Operations Committee on March 8, 2013
Referred to the Senate Rules Committee on April 2, 2013
Amendment offered by Sen. Mark Mullet (Issaquah) (D) on April 15, 2013
Clarifies the exemption for counties, cities, and towns that have preexisting impact fee delay processes from the obligation to establish an impact fee deferral system; and exempts school impact fees.
The amendment failed by voice vote in the Senate on April 15, 2013
Amendment offered by Sen. Ann Rivers (Vancouver) (R) on April 15, 2013
Clarifies the exemption for counties, cities, and towns
that have preexisting impact fee delay processes from the obligation to
establish an impact fee deferral system. Makes technical changes.
The amendment passed by voice vote in the Senate on April 15, 2013
Obligates counties, cities, and towns to adopt deferral systems for the collection of impact fees from applicants for residential building permits through a covenant-based process, or through a process that delays payment until final inspection, certificate of occupancy, or equivalent certification. Authorizes counties, cities, and towns to adopt alternative impact fee collection deferral systems if certain requirements are met. Exempts counties, cities, and towns that have pre-existing impact fee delay processes from the obligation to establish an impact fee deferral system. Delays the starting of the six-year time frame for satisfying concurrency provisions of the Growth Management Act until after the county or city receives full payment of all deferred impact fees.
Received in the House on April 18, 2013
Motion in the House on April 18, 2013
To concur in Senate amendment(s).
The motion passed by voice vote in the House on April 18, 2013
Because the deferral of impact fees under the bill would delay funding for schools when the state's paramount duty is to fund
education. Many schools require impact fee revenues early in
the calendar year to secure portable classrooms needed by the
start of the new school year to ensure that students have
appropriate classroom sizes and a healthy learning
environment. Delayed payment of the fees can also adversely
affect local transportation and fire protection services and
other amenities needed to support growth.