The proposed bill would update current statutes by prohibiting municipalities or counties from imposing any exaction on applicants for proposed projects without first providing written notice of the required exaction. It introduces a new provision allowing applicants to request an individualized determination that details the basis for the exaction, including the methodology and data used to assess the project's adverse impact. Municipalities or counties would be responsible for the costs of this determination, which must be delivered within 60 days; failure to do so would result in the exaction being deemed excessive and waived. Additionally, the bill establishes an appeal process to the Attorney General for applicants who disagree with the individualized determination. The burden of proof would rest with the municipality or county to show that the exaction is roughly proportional to the project's impact. If the applicant wins the appeal, the exaction would be waived, and the municipality or county would need to compensate the applicant for any incurred costs due to the excessive exaction. The bill also clarifies definitions related to exactions and proposed projects, ensuring certain fees are excluded from this definition.

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