Bill Text: CA AB1716 | 2009-2010 | Regular Session | Amended
Bill Title: Land use: development fees: reimbursement.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Engrossed - Dead) 2010-06-21 - In committee: Hearing postponed by committee. [AB1716 Detail]
Download: California-2009-AB1716-Amended.html
BILL NUMBER: AB 1716 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY FEBRUARY 24, 2010
INTRODUCED BY Assembly Member Torlakson
FEBRUARY 2, 2010
An act to amend Section 65995.7 of the Government Code, relating
to land use.
LEGISLATIVE COUNSEL'S DIGEST
AB 1716, as amended, Torlakson. Land use: development fees:
reimbursement.
Existing law authorizes a school district to levy a fee, charge,
dedication, or other requirement against any construction within the
boundaries of the school district for the purpose of funding the
construction or reconstruction of school facilities. Existing law
authorizes a school district to increase the levy, as prescribed, if
state funds for new school facility construction are not available,
as defined, and also authorizes a school district to offer a
reimbursement election to the person subject to the increased fee,
providing for reimbursement of the supplemental amount raised by the
increased fee, to the extent that the district receives funds from
the state for construction of the facilities for which the increased
fee was required, less any amount expended by the district for
interim housing.
This bill would require a person subject to the increased fee who
has accepted the offer of a reimbursement election from the school
district to also be reimbursed any interest on that supplemental
amount accrued during the interim time period prior to the district
receiving those funds , as determined by the school district
.
Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 65995.7 of the Government Code is amended to
read:
65995.7. (a) (1) If state funds for new
school facility construction are not available, the governing board
of a school district that complies with Section 65995.5 may increase
the alternative fee, charge, dedication, or other requirement
calculated pursuant to subdivision (c) of Section 65995.5 by an
amount that may not exceed the amount calculated pursuant to
subdivision (c) of Section 65995.5, except that for the purposes of
calculating this additional amount, the amount identified in
paragraph (2) of subdivision (c) of Section 65995.5 may not be
subtracted from the amount determined pursuant to paragraph (1) of
subdivision (c) of Section 65995.5. For purposes of this section,
state funds are not available if the State Allocation Board is no
longer approving apportionments for new construction pursuant to
Article 5 (commencing with Section 17072.20) of Chapter 12.5 of Part
10 of the Education Code due to a lack of funds available for new
construction. Upon making a determination that state funds are no
longer available, the State Allocation Board shall notify the
Secretary of the Senate and the Chief Clerk of the Assembly, in
writing, of that determination and the date when state funds are no
longer available for publication in the respective journal of each
house. For the purposes of making this determination, the board shall
not consider whether funds are available for, or whether it is
making preliminary apportionments or final apportionments pursuant
to, Article 11 (commencing with Section 17078.10) of Chapter 12.5 of
Part 10 of the Education Code.
(2) Paragraph (1) shall become inoperative commencing on the
effective date of the act that added this paragraph, and shall remain
inoperative through the earlier of either of the following:
(A) November 5, 2002, if the voters reject the Kindergarten
University Public Education Facilities Bond Act of 2002, after which
date paragraph (1) shall again become operative.
(B) The date of the 2004 direct primary election after which date
paragraph (1) shall again become operative.
(b) A governing board may offer a reimbursement election to the
person subject to the increased fee, charge, dedication, or other
requirement that provides the person with the right to monetary
reimbursement of the supplemental amount authorized by this section,
to the extent that the district receives funds from state sources for
construction of the facilities for which that supplemental amount
was required, plus any interest on that supplemental amount accrued
during the interim time period prior to the district receiving those
funds, as determined by the school district, less any
amount expended by the district for interim housing. At the option of
the person subject to the increased fee, charge, dedication, or
other requirement the reimbursement election may be made on a tract
or lot basis. Reimbursement of available funds shall be made within
30 days as they are received by the district.
(c) A governing board may offer the person subject to the fee,
charge, dedication, or other requirement an opportunity to negotiate
an alternative reimbursement agreement if the terms of the agreement
are mutually agreed upon.
(d) A governing board may provide that the rights granted by the
reimbursement election or the alternative reimbursement agreement are
assignable.
