The proposed bill would update current statutes by introducing new requirements for municipalities and counties regarding the imposition of exactions on applicants for real property development. Specifically, it would mandate that municipalities or counties provide written notice to applicants detailing any required exaction before it can be imposed. Additionally, applicants would have the right to request an individualized determination justifying the exaction, which must include the methodology and data used to assess the project's anticipated adverse impact. The municipality or county would bear the costs of this determination, which must be completed within 60 days; failure to do so would result in the exaction being deemed excessive and waived.

Moreover, the bill enhances the appeal process for applicants who disagree with the individualized determination. It allows them to appeal directly to the Attorney General, placing the burden of proof on the municipality or county to demonstrate that the exaction is roughly proportional to the project's impact. If the appeal is successful, the exaction would be waived, and the municipality or county may be required to compensate the applicant for incurred costs. The bill also clarifies definitions related to exactions, ensuring that development fees and regular permit application fees are not classified as exactions. Overall, these updates aim to improve transparency and fairness in the exaction process for development projects.

Statutes affected:
Introduced Version: 9-463.07, 11-810.02
Senate Engrossed Version: 9-463.07, 11-810.02, 41-194.01, 9-463.05