Bill Text: CA SB937 | 2023-2024 | Regular Session | Amended
Bill Title: Development projects: fees and charges.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Enrolled) 2024-08-28 - Assembly amendments concurred in. (Ayes 30. Noes 1.) Ordered to engrossing and enrolling. [SB937 Detail]
Download: California-2023-SB937-Amended.html
Amended
IN
Senate
April 08, 2024 |
Amended
IN
Senate
April 01, 2024 |
Introduced by Senator Wiener (Coauthor: Assembly Member Grayson) |
January 17, 2024 |
LEGISLATIVE COUNSEL'S DIGEST
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YESBill Text
The people of the State of California do enact as follows:
SECTION 1.
Section 65914.6 is added to the Government Code, to read:65914.6.
(a) Except as provided in subdivision (b), notwithstanding any law, including any inconsistent provision of a local agency’s general plan, ordinances, or regulations, the otherwise applicable time for the expiration, effectuation, or utilization of a housing entitlement for a priority residential development project that is within the scope of the timeframes specified in paragraphs (1) and (2) is extended by 24 months. For the purposes of this section, housing entitlements that are extended are entitlements where both of the following apply:(a)Except as otherwise provided in subdivisions (b) and (g), any local agency that imposes any fees or charges on a residential development for the construction of public improvements or facilities shall not require the payment of those fees or charges, notwithstanding any other provision of law, until the date the certificate of occupancy is issued. If the residential development contains more than one dwelling, the local agency may determine whether the fees or charges shall be paid on a pro rata basis for each dwelling when it receives its certificate of occupancy, on a pro rata basis when a certain percentage of the dwellings have received their certificate of occupancy, or on a lump-sum basis when all the dwellings in the development receive their certificate of occupancy. For
development projects that meet the conditions in subparagraph (A) of paragraph (2) of subdivision (b), the amount due and payable for the fees and charges when the development receives its certificate of occupancy shall be the same amount as would have been paid had the fees and charges been paid prior to the issuance of building permits. The local agency shall not charge interest or other fees on any amount deferred.
(b)(1)Notwithstanding subdivision (a), the local agency may require the payment of those fees or charges at an earlier time if the local agency determines that the fees or charges will be collected for public improvements or facilities for which an account has been established and funds appropriated and for which the local agency has adopted a proposed construction schedule and commenced or will commence construction prior to final inspection or issuance of the certificate of occupancy of the development
project. “Appropriated,” as used in this subdivision, means authorization by the governing body of the local agency for which the fee is collected to make expenditures and incur obligations for specific purposes.
(2)(A)Paragraph (1) does not apply to units reserved for occupancy by lower income households included in a residential development proposed by an affordable housing developer in which at least 49 percent of the total units are reserved for occupancy by lower income households, as defined in Section 50079.5 of the Health and Safety Code, at an affordable rent, as defined in Section 50053 of the Health and Safety Code. Fees and charges exempted from paragraph (1) under this paragraph shall become immediately due and payable when the residential development no longer meets the requirements of this paragraph.
(B)The exception provided in subparagraph (A) does not apply to fees and charges levied pursuant to Chapter 6 (commencing with Section 17620) of Part 10.5 of Division 1 of Title 1 of the Education Code.
(c)If any fee or charge specified in subdivision (a) is not fully paid prior to issuance of a building permit for construction of any portion of the residential development encumbered thereby, the local agency issuing the building permit may withhold certificate of occupancy for the development project until such fees and charges specified in subdivision (a) are fully paid.
(d)This section applies only to fees collected by a local agency to fund the construction of public improvements or facilities. It does not apply to fees collected to cover the cost of code enforcement or inspection services, or to other fees collected to pay for the cost of enforcement of local ordinances or state law.
(e)“Final inspection” or “certificate of occupancy,” as used in this section, have the same meaning as described in Sections 305 and 307 of the Uniform Building Code, International Conference of Building Officials, 1985 edition.
(f)Methods of complying with the requirement in subdivision (b) that a proposed construction schedule or plan be adopted, include, but are not limited to, (1) the adoption of the capital improvement plan described in Section 66002, or (2) the submittal of a five-year plan for construction and rehabilitation of school facilities pursuant to subdivision (c) of Section 17017.5 of the Education Code.
(g)A local agency may defer the collection of one or more fees up to the close of escrow. This subdivision shall not apply to fees and charges levied pursuant to Chapter 6 (commencing with Section
17620) of Part 10.5 of Division 1 of Title 1 of the Education Code.
SEC. 2.
Section 66007 of the Government Code is amended to read:66007.
(a) Except as otherwise provided in subdivisions (b) and(c)
(d)
(e)
(f)
(g)