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Bill Summary Details

Growth Management (Oppose – Unfunded Mandate)

CS/CS/SB 410 (Perry) and CS/CS/HB 203 (McClain) are this session’s comprehensive growth management package. Both bills require local governments to adopt by July 1, 2023, a new mandatory element in their comprehensive plans that addresses the protection of private property rights. However, the House and Senate bills differ in certain key provisions. CS/CS/SB 410 was amended to require the Department of Economic Opportunity to give funding preference for technical assistance to certain counties and municipalities. CS/CS/HB 203 now provides that a municipality may not annex an area within another municipal jurisdiction without consent from the other municipality. Both the House and the Senate bill also provides that a Development of Regional Impact may be amended by the development order process, allowing a change in land use if the change does not increase impact to public facilities. The bills also allow existing Developments of Regional Impact agreements that are classified as essentially built out and were valid on or before April 6, 2018, to exchange land uses under certain circumstances. Only CS/CS/HB 203 prohibits a municipality after July 1, 2020 from extending new water or sewer services into the unincorporated area of a county without consent of the county if the county already provides the same service. Both bills require that all utility permit applications for use of the public right of way be processed within the timeframe that currently applies only to permit applications submitted by communications services providers. (See also HB 7099.) Both bills require the Department of Economic Opportunity to give preference to counties and municipalities with populations less than 200,000 when selecting applications for funding for technical assistance related to certain determinations that need to be made when developing or amending a local government's comprehensive plan. Another key difference in the bills is language in the House bill that allows the prevailing party in a challenge to certain local ordinances for local growth policy and land development regulation to seek attorney fees and costs. CS/CS/SB 410 passed the Senate and is awaiting action by the House. (Cruz)