| 1 | Representative(s) Goodlette offered the following: |
| 2 |
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| 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 |
| 6 | method by which the impacts of development on transportation |
| 7 | facilities can be mitigated by the cooperative efforts of the |
| 8 | public and private sectors. The methodology used to calculate a |
| 9 | proportionate fair-share mitigation under this subsection must |
| 10 | ensure that development is assessed in a manner and for the |
| 11 | purpose of funding public facilities necessary to accommodate |
| 12 | any impacts having rational nexus to the proposed development |
| 13 | when the need to construct new facilities or add to the present |
| 14 | system of public facilities is reasonably attributable to the |
| 15 | proposed development. |
| 16 | (a) In its concurrency management system, a local |
| 17 | government shall, by December 1, 2006, include methodologies |
| 18 | that will be applied to calculate proportionate fair-share |
| 19 | mitigation to satisfy transportation concurrency requirements |
| 20 | when the impacted road segments are specifically identified for |
| 21 | funding in the 5-year schedule of capital improvements in the |
| 22 | capital improvement element of the local plan or the long-term |
| 23 | concurrency management system. If a proportionate fair share |
| 24 | agreement or development order condition reflects mitigation to |
| 25 | a road segment or facility which is not on the 5-year schedule |
| 26 | of capital improvements at the time of approval, the local |
| 27 | government shall reflect such improvement in the 5-year schedule |
| 28 | of capital improvements at the next update of the capital |
| 29 | improvement element. Proportionate fair-share mitigation shall |
| 30 | be applied as a credit against impact fees to the extent that |
| 31 | all or a portion of the proportionate fair-share mitigation is |
| 32 | used to address the same capital infrastructure improvements |
| 33 | contemplated by the local government's impact fee ordinance. |
| 34 | The credit shall not apply to internal, onsite facilities |
| 35 | required by local regulations or to any offsite facilities to |
| 36 | the extent such facilities are necessary to provide safe and |
| 37 | adequate services to the development. The proportionate fair- |
| 38 | share share methodology shall be applicable to all development |
| 39 | contributing to the need for new or expanded public facilities. |
| 40 | By December 1, 2005, the Department of Transportation shall |
| 41 | develop a model transportation concurrency management ordinance |
| 42 | with methodologies for assessing proportionate fair-share |
| 43 | mitigation options. |
| 44 | (b) A local government may also designate a transportation |
| 45 | corridor, district, or area subject to the mitigation; may |
| 46 | establish the methodology for determining proportionate fair- |
| 47 | share mitigation for development impacts on transportation |
| 48 | facilities within such corridor; and shall establish the methods |
| 49 | by which such mitigation is calculated and applied to |
| 50 | concurrency requirements in the concurrency management system |
| 51 | and include the corridor, district, or area in the capital |
| 52 | improvements element. |
| 53 | (c) Proportionate fair-share mitigation includes, without |
| 54 | limitation, separately or collectively, private funds, |
| 55 | contributions of land, and construction and contribution of |
| 56 | facilities and may include public funds as determined by the |
| 57 | local government. The fair market value of the proportionate |
| 58 | fair-share mitigation shall not differ based on the form of |
| 59 | mitigation. |
| 60 | (d) In order to avoid reaching concurrency problems, a |
| 61 | local government may impose proportionate fair-share mitigation |
| 62 | adopted under this subsection on a transportation facility |
| 63 | regardless of whether it meets or fails to meet the established |
| 64 | levels of service. |
| 65 | (e) The developer and local government shall enter into a |
| 66 | development agreement or other legally binding agreement or the |
| 67 | development order must contain a condition which evidences the |
| 68 | commitment to provide for proportionate fair-share mitigation as |
| 69 | authorized under paragraph (a) or paragraph (b). Approval of |
| 70 | such agreement shall not be unreasonably withheld. Any dispute |
| 71 | over such agreement shall be resolved through mediation or other |
| 72 | alternative dispute resolution. Upon execution of such an |
| 73 | agreement, concurrency shall be deemed satisfied for the local |
| 74 | government development order authorizing the development and no |
| 75 | further concurrency proportionate fair-share mitigation may be |
| 76 | assessed for such authorized development. |
| 77 | (f) Nothing in this subsection limits the home rule |
| 78 | authority of a local government to enter into a public-private |
| 79 | partnership or funding agreement to provide or govern the |
| 80 | provision of essential infrastructure deemed necessary by the |
| 81 | local government payable from available taxes, fees, special |
| 82 | assessments or developer contributions. |
| 83 | (g) Mitigation for development impacts to facilities on |
| 84 | the Strategic Intermodal System made pursuant to this subsection |
| 85 | requires the concurrence of the Department of Transportation. |
| 86 | However, this does not authorize the Department of |
| 87 | Transportation to arbitrarily charge a fee or require additional |
| 88 | mitigation. Concurrence by the Department of Transportation may |
| 89 | not be withheld unduly. |
| 90 |
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| 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: |
| 93 | are amended, and subsection (16) is added to said |
| 94 |
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| 95 | ================ T I T L E A M E N D M E N T ============= |
| 96 | Remove line(s) 92-103 and insert: |
| 97 | legislative intent relating to mitigation of development on |
| 98 | transportation facilities; requiring local governments to |
| 99 | include proportionate share mitigation calculation methodologies |
| 100 | in concurrency management systems; providing requirements; and |
| 101 | criteria; authorizing local governments to designate a |
| 102 | transportation corridor, district, or area subject to |
| 103 | mitigation; providing for proportionate fair-share mitigation; |
| 104 | requiring developers and local governments to enter into |
| 105 | development agreements or commit to provide for proportionate |
| 106 | fair-share mitigation; providing requirements; protecting |
| 107 | certain home rule authority; requiring concurrence of the |
| 108 | Department of Transportation; limiting the authority of the |
| 109 | department; |