ENGROSSED SENATE
BILL NO. 266	By:	Aldridge of the Senate

			and

		Jordan of the House

[ municipal facilities fees - authorizing municipalities to adopt ordinances, resolutions, or regulations - collection of certain fees - defining term - codification - effective date ]

BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1.     NEW LAW     A new section of law to be codified in the Oklahoma Statutes as Section 43-116 of Title 11, unless there is created a duplication in numbering, reads as follows:
A.  Municipalities may adopt ordinances, resolutions, or regulations for the implementation and collection of facilities fees to fund or recover their costs for capital improvements to increase or enlarge public infrastructure or services when such costs are made necessary by new development or expanded or modified existing development.
B.  Facilities fees shall not be used to fund repairs, maintenance, restorations, refurbishments, or fixes to existing systems in any way that does not result in an increase or expansion in the capacity of the system to serve new or expanded existing growth and development.
C.  Facilities fees may be imposed if the municipality determines there is a nexus between the new or expanded development and the need for new or enlarged facilities.  The fee shall be based on the proportionate impact of the development on the cost of the capital improvement necessitated by the development.
D.  Upon judicial review of any ordinance, resolution, or regulation adopted pursuant to this section, the municipal determination shall be upheld if there are any reasonably conceivable facts that provide a rational basis for such adoption or if the question is fairly debatable.
E.  As used in this section, “facilities fee” means any payment of money, imposed, in whole or in part, as a condition of approval upon any building permit, plat approval, or zoning change, to the extent the fee is to pay for capital costs for the public infrastructure or public services that are attributable to new development or to expanded or modified existing development.
SECTION 2.  This act shall become effective November 1, 2011.
Passed the Senate the 8th day of March, 2011.

	
Presiding Officer 	of the Senate

Passed the House of Representatives the ____ day of __________, 2011.

	
Presiding Officer of the House
	of Representatives