November 26, 2020
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Bill No. 1865
Amendment No. 935843
Senate House

1Representative(s) Goodlette offered the following:
3     Amendment (with directory and title amendments)
4     Remove line(s) 1939-1985 and insert:
5     (16)  It is the intent of the Legislature to provide a
6method by which the impacts of development on transportation
7facilities can be mitigated by the cooperative efforts of the
8public and private sectors. The methodology used to calculate a
9proportionate fair-share mitigation under this subsection must
10ensure that development is assessed in a manner and for the
11purpose of funding public facilities necessary to accommodate
12any impacts having rational nexus to the proposed development
13when the need to construct new facilities or add to the present
14system of public facilities is reasonably attributable to the
15proposed development.
16     (a)  In its concurrency management system, a local
17government shall, by December 1, 2006, include methodologies
18that will be applied to calculate proportionate fair-share
19mitigation to satisfy transportation concurrency requirements
20when the impacted road segments are specifically identified for
21funding in the 5-year schedule of capital improvements in the
22capital improvement element of the local plan or the long-term
23concurrency management system. If a proportionate fair share
24agreement or development order condition reflects mitigation to
25a road segment or facility which is not on the 5-year schedule
26of capital improvements at the time of approval, the local
27government shall reflect such improvement in the 5-year schedule
28of capital improvements at the next update of the capital
29improvement element. Proportionate fair-share mitigation shall
30be applied as a credit against impact fees to the extent that
31all or a portion of the proportionate fair-share mitigation is
32used to address the same capital infrastructure improvements
33contemplated by the local government's impact fee ordinance.
34The credit shall not apply to internal, onsite facilities
35required by local regulations or to any offsite facilities to
36the extent such facilities are necessary to provide safe and
37adequate services to the development. The proportionate fair-
38share share methodology shall be applicable to all development
39contributing to the need for new or expanded public facilities.
40By December 1, 2005, the Department of Transportation shall
41develop a model transportation concurrency management ordinance
42with methodologies for assessing proportionate fair-share
43mitigation options.
44     (b)  A local government may also designate a transportation
45corridor, district, or area subject to the mitigation; may
46establish the methodology for determining proportionate fair-
47share mitigation for development impacts on transportation
48facilities within such corridor; and shall establish the methods
49by which such mitigation is calculated and applied to
50concurrency requirements in the concurrency management system
51and include the corridor, district, or area in the capital
52improvements element.
53     (c)  Proportionate fair-share mitigation includes, without
54limitation, separately or collectively, private funds,
55contributions of land, and construction and contribution of
56facilities and may include public funds as determined by the
57local government. The fair market value of the proportionate
58fair-share mitigation shall not differ based on the form of
60     (d)  In order to avoid reaching concurrency problems, a
61local government may impose proportionate fair-share mitigation
62adopted under this subsection on a transportation facility
63regardless of whether it meets or fails to meet the established
64levels of service.
65     (e)  The developer and local government shall enter into a
66development agreement or other legally binding agreement or the
67development order must contain a condition which evidences the
68commitment to provide for proportionate fair-share mitigation as
69authorized under paragraph (a) or paragraph (b). Approval of
70such agreement shall not be unreasonably withheld. Any dispute
71over such agreement shall be resolved through mediation or other
72alternative dispute resolution. Upon execution of such an
73agreement, concurrency shall be deemed satisfied for the local
74government development order authorizing the development and no
75further concurrency proportionate fair-share mitigation may be
76assessed for such authorized development.
77     (f)  Nothing in this subsection limits the home rule
78authority of a local government to enter into a public-private
79partnership or funding agreement to provide or govern the
80provision of essential infrastructure deemed necessary by the
81local government payable from available taxes, fees, special
82assessments or developer contributions.
83     (g)  Mitigation for development impacts to facilities on
84the Strategic Intermodal System made pursuant to this subsection
85requires the concurrence of the Department of Transportation.
86However, this does not authorize the Department of
87Transportation to arbitrarily charge a fee or require additional
88mitigation. Concurrence by the Department of Transportation may
89not be withheld unduly.
91=========== D I R E C T O R Y  A M E N D M E N T ==========
92     Remove line(s) 1361 and insert:
93are amended, and subsection (16) is added to said
95================ T I T L E  A M E N D M E N T =============
96     Remove line(s) 92-103 and insert:
97legislative intent relating to mitigation of development on
98transportation facilities; requiring local governments to
99include proportionate share mitigation calculation methodologies
100in concurrency management systems; providing requirements; and
101criteria; authorizing local governments to designate a
102transportation corridor, district, or area subject to
103mitigation; providing for proportionate fair-share mitigation;
104requiring developers and local governments to enter into
105development agreements or commit to provide for proportionate
106fair-share mitigation; providing requirements; protecting
107certain home rule authority; requiring concurrence of the
108Department of Transportation; limiting the authority of the

CODING: Words stricken are deletions; words underlined are additions.
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