Bill Text - SB291 (2012)

Relative to the use of currently allowed impact fees by municipalities.

Revision: March 8, 2012, midnight


03/07/12 0701s





AN ACT relative to the use of currently allowed impact fees by municipalities.

SPONSORS: Sen. Boutin, Dist 16; Sen. De Blois, Dist 18; Sen. D'Allesandro, Dist 20; Sen. Odell, Dist 8; Sen. Rausch, Dist 19; Rep. Kotowski, Merr 9; Rep. Hess, Merr 9; Rep. T. Smith, Merr 9; Rep. Graham, Hills 18

COMMITTEE: Transportation


This bill allows municipalities to use revenue from existing impact fees for capital improvements to state highways within the municipality. This bill also requires annual reports by a municipality with an impact fee ordinance.

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Explanation: Matter added to current law appears in bold italics.

Matter removed from current law appears [in brackets and struckthrough.]

Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

03/07/12 0701s




In the Year of Our Lord Two Thousand Twelve

AN ACT relative to the use of currently allowed impact fees by municipalities.

Be it Enacted by the Senate and House of Representatives in General Court convened:

1 Impact Fee. Amend the introductory paragraph of RSA 674:21, V to read as follows:

V. As used in this section “impact fee” means a fee or assessment imposed upon development, including subdivision, building construction, or other land use change, in order to help meet the needs occasioned by that development for the construction or improvement of capital facilities owned or operated by the municipality, or, in the case of state highways, located within the municipality, including and limited to water treatment and distribution facilities; wastewater treatment and disposal facilities; sanitary sewers; storm water, drainage and flood control facilities; public road systems and rights-of-way; municipal office facilities; public school facilities; the municipality’s proportional share of capital facilities of a cooperative or regional school district of which the municipality is a member; public safety facilities; solid waste collection, transfer, recycling, processing, and disposal facilities; public library facilities; and public recreational facilities not including public open space. No later than July 1, 1993, all impact fee ordinances shall be subject to the following:

2 New Subparagraphs; Innovative Land Use Control. Amend RSA 674:21, V by inserting after subparagraph (j) the following new subparagraphs:

(k) Revenue from impact fees imposed upon development and collected by a municipality under RSA 674:21, V for construction of or improvement to capital facilities may be expended upon state highways within the municipality only for improvement costs that are related to the capital needs created by the development. Such improvements may include items such as, but not limited to, traffic signals and signage, turning lanes, additional travel lanes, and guard rails. No such improvements shall be constructed or installed without approval of the state department of transportation. In no event shall impact fees be used for any improvements to roads, bridges, or interchanges that are part of the interstate highway system. Nothing in RSA 674:21, V shall be construed as allowing or authorizing additional impact fees merely by virtue of having approved the expenditure of collected fee revenue for construction of or improvement of state highways, nor shall it be construed as allowing the adoption of new impact fees devoted to assessing impacts to state highways.

(l) No later than 60 days following the end of the fiscal year, any municipality having adopted an impact fee ordinance shall prepare a report listing all expenditures of impact fee revenue for the prior fiscal year, identifying the capital improvement project for which the fees were assessed and stating the dates upon which the fees were assessed and collected. The annual report shall enable the public to track the payment, expenditure, and status of the individually collected fees to determine whether said fees were expended, retained, or refunded.

3 Effective Date. This act shall take effect 60 days after its passage.