Bill Text: CA AB1804 | 2015-2016 | Regular Session | Introduced
Bill Title: Land use: development fees.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Failed) 2016-11-30 - Died at Desk. [AB1804 Detail]
Download: California-2015-AB1804-Introduced.html
BILL NUMBER: AB 1804 INTRODUCED
BILL TEXT
INTRODUCED BY Assembly Member Melendez
FEBRUARY 8, 2016
An act to amend Section 66001 of the Government Code, relating to
development fees.
LEGISLATIVE COUNSEL'S DIGEST
AB 1804, as introduced, Melendez. Land use: development fees.
The Mitigation Fee Act requires a local agency that establishes,
increases, or imposes a fee as a condition of approval of a
development project to, among other things, determine how there is a
reasonable relationship between the fee's use and the type of
development project on which the fee is imposed.
This bill would make nonsubstantive changes to that provision.
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 66001 of the Government Code is amended to
read:
66001. (a) In any action establishing, increasing, or imposing a
fee as a condition of approval of a development project by a local
agency, the local agency shall do all of the following:
(1) Identify the purpose of the fee.
(2) Identify the use to which the fee is to be put. If the use is
financing public facilities, the facilities shall be identified. That
identification may, but need not, be made by reference to a capital
improvement plan as specified in Section 65403 or 66002, may be made
in applicable general or specific plan requirements, or may be made
in other public documents that identify the public facilities for
which the fee is charged.
(3) Determine how there is a reasonable relationship between the
fee's use and the type of development project on
which the fee is imposed. imposed and the fee'
s use.
(4) Determine how there is a reasonable relationship between the
need for the public facility and the type of development project on
which the fee is imposed.
(b) In any action imposing a fee as a condition of approval of a
development project by a local agency, the local agency shall
determine how there is a reasonable relationship between the amount
of the fee and the cost of the public facility or portion of the
public facility attributable to the development on which the fee is
imposed.
(c) Upon receipt of a fee subject to this section, the local
agency shall deposit, invest, account for, and expend the fees
pursuant to Section 66006.
(d) (1) For the fifth fiscal year following the first deposit into
the account or fund, and every five years thereafter, the local
agency shall make all of the following findings with respect to that
portion of the account or fund remaining unexpended, whether
committed or uncommitted:
(A) Identify the purpose to which the fee is to be put.
(B) Demonstrate a reasonable relationship between the fee and the
purpose for which it is charged.
(C) Identify all sources and amounts of funding anticipated to
complete financing in incomplete improvements identified in paragraph
(2) of subdivision (a).
(D) Designate the approximate dates on which the funding referred
to in subparagraph (C) is expected to be deposited into the
appropriate account or fund.
(2) When findings are required by this subdivision, they shall be
made in connection with the public information required by
subdivision (b) of Section 66006. The findings required by this
subdivision need only be made for moneys in possession of the local
agency, and need not be made with respect to letters of credit,
bonds, or other instruments taken to secure payment of the fee at a
future date. If the findings are not made as required by this
subdivision, the local agency shall refund the moneys in the account
or fund as provided in subdivision (e).
(e) Except as provided in subdivision (f), when sufficient funds
have been collected, as determined pursuant to subparagraph (F) of
paragraph (1) of subdivision (b) of Section 66006, to complete
financing on incomplete public improvements identified in paragraph
(2) of subdivision (a), and the public improvements remain
incomplete, the local agency shall identify, within 180 days of the
determination that sufficient funds have been collected, an
approximate date by which the construction of the public improvement
will be commenced, or shall refund to the then current record owner
or owners of the lots or units, as identified on the last equalized
assessment roll, of the development project or projects on a prorated
basis, the unexpended portion of the fee, and any interest accrued
thereon. By means consistent with the intent of this section, a local
agency may refund the unexpended revenues by direct payment, by
providing a temporary suspension of fees, or by any other reasonable
means. The determination by the governing body of the local agency of
the means by which those revenues are to be refunded is a
legislative act.
(f) If the administrative costs of refunding unexpended revenues
pursuant to subdivision (e) exceed the amount to be refunded, the
local agency, after a public hearing, notice of which has been
published pursuant to Section 6061 and posted in three prominent
places within the area of the development project, may determine that
the revenues shall be allocated for some other purpose for which
fees are collected subject to this chapter and which serves the
project on which the fee was originally imposed.
(g) A fee shall not include the costs attributable to existing
deficiencies in public facilities, but may include the costs
attributable to the increased demand for public facilities reasonably
related to the development project in order to (1) refurbish
existing facilities to maintain the existing level of service or (2)
achieve an adopted level of service that is consistent with the
general plan.
