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Impact Fee Deferral Report — Washington State Department of Commerce (December 2020)

Summary

Annual Report on the Impact Fee Deferral Process, a report to the Legislature from the Washington State Department of Commerce, Local Government Division, Growth Management Services, dated December 2020. It states that under RCW 43.31.980 the Department of Commerce must report annually on the deferral process for impact fees and that this is the third annual report. The Joint Legislative Audit and Review Committee collected the data by survey, sending surveys to 237 cities, towns, and counties and receiving responses from 180 jurisdictions, an overall response rate of 76%. Table 1 reports 1,714 total deferrals requested, 1,708 issued and 0 not paid fully or on time, followed by tables for fire facility, public park, school facility and transportation deferrals by local government.

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Congressional materials
Document type
Report
Case
2020 Impact Fee Deferral Report Final B10E6B25 Bf09 4294 A686 A232B88Edfca

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“Impact Fee Deferral Report — Washington State Department of Commerce (December 2020).” Original at app.leg.wa.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/2020-impact-fee-deferral-report-final-b10e6b25-bf09-4294-a686-a232b88edfca/, SHA-256 cf0ed62842fbdbf138534b042efaa2aa72fdd76066dc42eb76d27137e747c1c8.

Full text

 Impact Fee Deferral Report



Annual Report on the Impact Fee Deferral Process per RCW
43.31.980




      LOCAL GOVERNMENT DIVISION              December 2020
      GROWTH MANAGEMENT
      SERVICES                               REPORT TO THE LEGISLATURE

                                             Lisa Brown, Director
2.4
Acknowledgments

Washington State Department of Commerce                  Joint Legislative Audit and Review Committee
Lisa Brown                                               Melanie Stidham
Director                                                 Research Analyst

Mark Barkley                                             Scott Hancock
Assistant Director                                       Research Analyst
Local Government Division
                                                         Ashley Elliott
Dave Andersen, AICP                                      Data Reporting Analyst
Managing Director
Growth Management Services



Washington State Department of Commerce
MATT OJENNUS
SENIOR PLANNER
(360) 292-3435
MATTHEW.OJENNUS@COMMERCE.WA.GOV
GROWTH MANAGEMENT SERVICES

1011 Plum St. SE
P.O. Box 42525
Olympia, WA 98504-2525

www.commerce.wa.gov

For people with disabilities, this report is available
on request in other formats. To submit a request,
please call 360.725.4000 (TTY 360.586.0772)




 2020 REPORT ON IMPACT FEE DEFERRALS
Table of Contents
Introduction ................................................................................................................................................. 2

Deferral Data ............................................................................................................................................... 3

Appendix A - Other Relevant Data ................................................................................................................ 5




  2020 REPORT ON IMPACT FEE DEFERRALS                                                                                                                       1
Introduction
Authorizing Legislation
Per RCW 43.31.980, the Department of Commerce must report annually on deferral process for impact fees as
follows:

    (1) Beginning December 1, 2018, and each year thereafter, the department of commerce must prepare an annual
    report on the impact fee deferral process established in RCW 82.02.050(3). The report must include: (a) The number
    of deferrals requested of and issued by counties, cities, and towns; (b) the number of deferrals that were not fully and
    timely paid; and (c) other information as deemed appropriate.

    (2) The report required by this section must, in accordance with RCW 43.01.036, be submitted to the appropriate
    committees of the house of representatives and the senate.

Commerce published its initial report in 2018. This is the third annual report.

Background
During the 2015 session, the Washington State Legislature passed Senate Bill 5923, which in part, established
a deferral program for impact fees.

Local governments fully planning under the GMA can collect impact fees for fire protection facilities, parks,
schools, and transportation facilities. Local governments may charge different rates for different classes of
construction, such as residential, commerce and retail. Local governments may also collect impact fees on
only a single type of construction. Except under specific circumstances, a local government must refund fees
not expended or dedicated within 10 years of collection.

All local governments imposing an impact fee were required to establish a deferral program for impact fees by
Sept. 1, 2016.

The deferral program applies to builders. A local government may generally issue deferrals for only the first 20
single-family residences built in a year by a builder. The deferral can last no longer than 18 months. At a
minimum, the local government must offer builders a choice of at least one of the following options to defer
collection of the impact fee payment. Deferred payments may occur upon:

      Payment of the final property inspection;
      Issuance of a certificate of occupancy or similar certificate; or
      Closing of the first sale of the property occurring after issuance of the applicable building permit.

Report Methodology
The Joint Legislative Audit and Review Committee (JLARC) collected the data for this report.

      Survey Monkey data collected between March 2020 and mid-November 2020.
      Emails sent to planning directors, permitting departments, and/or city administrators.
      A final reminder email sent to all non-respondents the second week of November 2020.

Survey Responses
JLARC sent surveys to 237 cities, towns, and counties and received responses from 180 jurisdictions for an
overall response rate of 76%. Of the 103 jurisdictions that collect impact fees, 84 filled out the survey (82%).

 2020 REPORT ON IMPACT FEE DEFERRALS                                                                                     2
Deferral Data
Table 1: Total Deferrals by type of impact fee

                                                                     Deferrals Not Paid Fully or On
 Type of Impact Fee        Deferrals Requested   Deferrals Issued    Time

 Fire Protection Impact    13                    13                  0
 Fees

 Parks Impact Fees         584                   582                 0

 Schools Impact Fees       522                   520                 0

 Transportation Impact     595                   593                 0
 Fees


 Total Impact Fees         1,714                 1,708               0




Table 2: Fire Facility Deferrals
                                                               Deferrals         Deferrals not paid
Local Government          Fee Collected Deferrals Requested    Issued            fully or on time
Enumclaw                  Yes           1                      1                 0
Mount Vernon              Yes           8                      8                 0
Sedro-Woolley             Yes           4                      4                 0
Total                                   13                     13                0



Table 3: Public Park Deferrals
                                                               Deferrals          Deferrals not paid
Local Government          Fee Collected Deferrals Requested    Issued             fully or on time
Bellingham                Yes           2                      0                  0
Bonney Lake               Yes           3                      3                  0
Buckley                   Yes           8                      8                  0
Carnation                 Yes           7                      7                  0
Enumclaw                  Yes           1                      1                  0
Ferndale                  Yes           60                     60                 0
Kitsap                    Yes           451                    451                0
La Center                 Yes           41                     41                 0
Mount Vernon              Yes           8                      8                  0
Sedro-Woolley             Yes           3                      3                  0
Total                     10            584                    582                0




 2020 REPORT ON IMPACT FEE DEFERRALS                                                                   3
Table 4: School Facility Deferrals
                                                                 Deferrals   Deferrals not paid
Local Government      Fee Collected    Deferrals Requested       Issued      fully or on time
Enumclaw              Yes              1                         1           0
Federal Way           Yes              5                         5           0
La Center             Yes              41                        41          0
Mount Vernon          Yes              8                         8           0
Kitsap                Yes              451                       451         0
King County           Yes              4                         4           0
Sedro-Woolley         Yes              3                         3           0
Total                 7                522                       520         0



Table 5: Transportation Deferrals
                                                                 Deferrals   Deferrals not paid
Local Government       Fee Collected       Deferrals Requested   Issued      fully or on time
Bellingham             Yes                 2                     0           0
Bonney Lake            Yes                 3                     3           0
Buckley                Yes                 8                     8           0
Carnation              Yes                 7                     7           0
Enumclaw               Yes                 1                     1           0
Federal Way            Yes                 5                     5           0
Ferndale               Yes                 60                    60          0
La Center              Yes                 41                    41          0
Mount Vernon           Yes                 8                     8           0
Kitsap                 Yes                 451                   451         0
Sedro-Woolley          Yes                 3                     3           0
Shelton                Yes                 5                     5           0
Bellevue               Yes                 1                     1           0
Total                  12                  595                   593         0




 2020 REPORT ON IMPACT FEE DEFERRALS                                                          4
Appendix A - Other Relevant Data

Local Governments planning under GMA and not imposing a fee

Airway Heights               Fife                             Poulsbo

Arlington                    Granite Falls                    Richland

Bainbridge Island            Kenmore                          SeaTac

Bellingham                   Kennewick                        Sequim

Bonney Lake                  La Center                        Shelton

Brier                        Lacey                            Snohomish

Buckley                      Lake Stevens                     Spokane

Burien                       Lynnwood                         Steilacoom

Carnation                    Mercer Island                    Sultan

Cheney                       Milton                           Tieton

Clark County                 Monroe                           University Place

Deer Park                    Mountlake Terrace                Vancouver

Des Moines                   Mukilteo                         Wenatchee

Edgewood                     Nooksack                         West Richland

Edmonds                      Orting                           Wilkeson

Ellensburg                   Kitsap                           Woodinville

Everett                      King County                      Yacolt

Everson                      Island County

Federal Way                  Pierce County

Ferndale                     Port Orchard




2020 REPORT ON IMPACT FEE DEFERRALS                                              5


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