SB 266 Summary

• Authorizes Oklahoma municipalities to adopt ordinances, resolutions, or regulations to impose facilities fees on new or expanded development to fund capital improvements in public infrastructure and services.

• Facilities fees must be based on a demonstrated nexus between new/expanded development and the need for infrastructure improvements, with the fee proportionate to the development's impact on costs.

• Prohibits use of facilities fees for repairs, maintenance, or restoration of existing systems unless those improvements result in increased system capacity to serve new or expanded growth.

• Establishes that municipal determinations regarding facilities fees receive judicial deference and will be upheld if any reasonably conceivable facts support adoption or if the question is fairly debatable.

• Defines "facilities fees" as payments required as conditions of building permits, plat approvals, or zoning changes to pay for public infrastructure or services attributable to new or modified development; effective November 1, 2011.