Panel Would Exempt State From Impact Fees

Should state government be exempt from paying impact fees to local governments to help them cope with the cost of expansion?

Members of the House State Affairs Committee had mixed feelings Thursday. But they agreed to at least introduce a bill making it clear that the state does not have to pay. Several committee members voted against introduction, indicating the legislation faces a questionable future.

The Legislature has allowed only Ada County to collect impact fees from builders and developers. The fee is designed to offset the costs associated with growth, such as extending water and sewer lines and roads. The Legislature in recent years has rejected every effort to allow other counties to assess impact fees.

Michael Sheeley, deputy attorney general for the Department of Administration, told lawmakers an attorney general’s opinion - which has no legal weight - says state government is not subject to impact fees.

He said making the state pay the fees would be a form of double taxation, and it is clear from the history of the impact-fee law that the Legislature did not intend governmental agencies to pay.

Sheeley said there has been some discussion with the Ada County Highway District about whether the state should pay impact fees to cover the cost of extending roads to the new Department of Parks and Recreation headquarters in Boise.