BILL NUMBER: AB 715 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MAY 20, 2015
INTRODUCED BY Assembly Member Daly
FEBRUARY 25, 2015
An act to amend Section 65995 of the Government Code, relating to
land use.
LEGISLATIVE COUNSEL'S DIGEST
AB 715, as amended, Daly. Residential development: school
facilities fees.
Existing law, the Planning and Zoning Law, limits the amount of
fees, charges, dedications, or other requirements levied or imposed
by state and local agencies on the planning, use, or development of
real property for the construction or reconstruction of school
facilities based upon assessable space, as defined. In the case of
residential construction, existing law defines assessable space to
mean all of the square footage within the perimeter of a residential
structure, not including any carport, walkway, garage, overhang,
patio, enclosed patio, detached accessory structure, or similar area.
This bill would revise the definition of assessable space to
specify that a covered walkway, or
uncovered walkway, and enclosed walkway
are is excluded and that similarly
excluded areas include, but are not limited to, a
detached accessory structure includes a detached
bike storage locker or detached personal property storage
space that is not a part of the existing livable residential
structure. locker.
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 of the Government Code is amended to
read:
65995. (a) Except for a fee, charge, dedication, or other
requirement authorized under Section 17620 of the Education Code, or
pursuant to Chapter 4.7 (commencing with Section 65970), a fee,
charge, dedication, or other requirement for the construction or
reconstruction of school facilities shall not be levied or imposed in
connection with, or made a condition of, any legislative or
adjudicative act, or both, by any state or local agency involving,
but not limited to, the planning, use, or development of real
property, or any change in governmental organization or
reorganization, as defined in Section 56021 or 56073.
(b) Except as provided in Sections 65995.5 and 65995.7, the amount
of any fees, charges, dedications, or other requirements authorized
under Section 17620 of the Education Code, or pursuant to Chapter 4.7
(commencing with Section 65970), or both, shall not exceed the
following:
(1) In the case of residential construction, including the
location, installation, or occupancy of manufactured homes and
mobilehomes, one dollar and ninety-three cents ($1.93) per square
foot of assessable space. "Assessable space," for this purpose, means
all of the square footage within the perimeter of a residential
structure, not including any carport, covered walkway,
or uncovered walkway, enclosed walkway,
garage, overhang, patio, enclosed patio, detached
accessory structure, including a detached bike storage locker,
or similar area, including, but not limited to, a bike
storage locker or detached personal property storage space that is
not a part of the existing livable residential structure.
area. The amount of the square footage within the
perimeter of a residential structure shall be calculated by the
building department of the city or county issuing the building
permit, in accordance with the standard practice of that city or
county in calculating structural perimeters. "Manufactured home" and
"mobilehome" have the meanings set forth in subdivision (f) of
Section 17625 of the Education Code. The application of any fee,
charge, dedication, or other form of requirement to the location,
installation, or occupancy of manufactured homes and mobilehomes is
subject to Section 17625 of the Education Code.
(2) In the case of any commercial or industrial construction,
thirty-one cents ($0.31) per square foot of chargeable covered and
enclosed space. "Chargeable covered and enclosed space," for this
purpose, means the covered and enclosed space determined to be within
the perimeter of a commercial or industrial structure, not including
any storage areas incidental to the principal use of the
construction, garage, parking structure, unenclosed walkway, or
utility or disposal area. The determination of the chargeable covered
and enclosed space within the perimeter of a commercial or
industrial structure shall be made by the building department of the
city or county issuing the building permit, in accordance with the
building standards of that city or county. For the determination of
chargeable fees to be paid to the appropriate school district in
connection with any commercial or industrial construction under the
jurisdiction of the Office of Statewide Health Planning and
Development, the architect of record shall determine the chargeable
covered and enclosed space within the perimeter of a commercial or
industrial structure.
(3) The amount of the limits set forth in paragraphs (1) and (2)
shall be increased in 2000, and every two years thereafter, according
to the adjustment for inflation set forth in the statewide cost
index for class B construction, as determined by the State Allocation
Board at its January meeting, which increase shall be effective as
of the date of that meeting.
(c) (1) Notwithstanding any other law, during the term of a
contract entered into between a subdivider or builder and a school
district, city, county, or city and county, whether general law or
chartered, on or before January 1, 1987, that requires the payment of
a fee, charge, or dedication for the construction of school
facilities as a condition to the approval of residential
construction, neither Section 17620 of the Education Code nor this
chapter applies to that residential construction.
(2) Notwithstanding any other provision of state or local law,
construction that is subject to a contract entered into between a
person and a school district, city, county, or city and county,
whether general law or chartered, after January 1, 1987, and before
the operative date of the act that adds paragraph (3) that requires
the payment of a fee, charge, or dedication for the construction of
school facilities as a condition to the approval of construction, may
not be affected by the act that adds paragraph (3).
(3) Notwithstanding any other provision of state or local law,
until January 1, 2000, any construction not subject to a contract as
described in paragraph (2) that is carried out on real property for
which residential development was made subject to a condition
relating to school facilities imposed by a state or local agency in
connection with a legislative act approving or authorizing the
residential development of that property after January 1, 1987, and
before the operative date of the act adding this paragraph, shall be
required to comply with that condition.
Notwithstanding any other provision of state or local law, on and
after January 1, 2000, any construction not subject to a contract as
described in paragraph (2) that is carried out on real property for
which residential development was made subject to a condition
relating to school facilities imposed by a state or local agency in
connection with a legislative act approving or authorizing the
residential development of that property after January 1, 1987, and
before the operative date of the act adding this paragraph, may not
be subject to a fee, charge, dedication, or other requirement
exceeding the amount specified in paragraphs (1) and (2) of
subdivision (b), or, if a district has increased the limit specified
in paragraph (1) of subdivision (b) pursuant to either Section
65995.5 or 65995.7, that increased amount.
(4) Any construction that is not subject to a contract as
described in paragraph (2), or to paragraph (3), and that satisfies
both of the requirements of this paragraph, may not be subject to any
increased fee, charge, dedication, or other requirement authorized
by the act that adds this paragraph beyond the amount specified in
paragraphs (1) and (2) of subdivision (b).
(A) A tentative map, development permit, or conditional use permit
was approved before the operative date of the act that amends this
subdivision.
(B) A building permit is issued before January 1, 2000.
(d) For purposes of this chapter, "construction" means new
construction and reconstruction of existing building for residential,
commercial, or industrial. "Residential, commercial, or industrial
construction" does not include any facility used exclusively for
religious purposes that is thereby exempt from property taxation
under the laws of this state, any facility used exclusively as a
private full-time day school as described in Section 48222 of the
Education Code, or any facility that is owned and occupied by one or
more agencies of federal, state, or local government. In addition,
"commercial or industrial construction" includes, but is not limited
to, any hotel, inn, motel, tourist home, or other lodging for which
the maximum term of occupancy for guests does not exceed 30 days, but
does not include any residential hotel, as defined in paragraph (1)
of subdivision (b) of Section 50519 of the Health and Safety Code.
(e) The Legislature finds and declares that the financing of
school facilities and the mitigation of the impacts of land use
approvals, whether legislative or adjudicative, or both, on the need
for school facilities are matters of statewide concern. For this
reason, the Legislature hereby occupies the subject matter of
requirements related to school facilities levied or imposed in
connection with, or made a condition of, any land use approval,
whether legislative or adjudicative act, or both, and the mitigation
of the impacts of land use approvals, whether legislative or
adjudicative, or both, on the need for school facilities, to the
exclusion of all other measures, financial or nonfinancial, on the
subjects. For purposes of this subdivision, "school facilities" means
any school-related consideration relating to a school district's
ability to accommodate enrollment.
(f) Nothing in this section shall be interpreted to limit or
prohibit the use of Chapter 2.5 (commencing with Section 53311) of
Division 2 of Title 5 to finance the construction or reconstruction
of school facilities. However, the use of Chapter 2.5 (commencing
with Section 53311) of Division 2 of Title 5 may not be required as a
condition of approval of any legislative or adjudicative act, or
both, if the purpose of the community facilities district is to
finance school facilities.
(g) (1) The refusal of a person to agree to undertake or cause to
be undertaken an act relating to Chapter 2.5 (commencing with Section
53311) of Division 2 of Title 5, including formation of, or
annexation to, a community facilities district, voting to levy a
special tax, or authorizing another to vote to levy a special tax,
may not be a factor when considering the approval of a legislative or
adjudicative act, or both, involving, but not limited to, the
planning, use, or development of real property, or any change in
governmental organization or reorganization, as defined in Section
56021 or 56073, if the purpose of the community facilities district
is to finance school facilities.
(2) If a person voluntarily elects to establish, or annex into, a
community facilities district and levy a special tax approved by
landowner vote to finance school facilities, the present value of the
special tax specified in the resolution of formation shall be
calculated as an amount per square foot of assessable space and that
amount shall be a credit against any applicable fee, charge,
dedication, or other requirement for the construction or
reconstruction of school facilities. For purposes of this paragraph,
the calculation of present value shall use the interest rate paid on
the United States Treasury's 30-year bond on the date of the
formation of, or annexation to, the community facilities district, as
the capitalization rate.
(3) For purposes of subdivisions (f), (h), and (i), and this
subdivision, "school facilities" means any school-related
consideration relating to a school district's ability to accommodate
enrollment.
(h) The payment or satisfaction of a fee, charge, or other
requirement levied or imposed pursuant to Section 17620 of the
Education Code in the amount specified in Section 65995 and, if
applicable, any amounts specified in Section 65995.5 or 65995.7 are
hereby deemed to be full and complete mitigation of the impacts of
any legislative or adjudicative act, or both, involving, but not
limited to, the planning, use, or development of real property, or
any change in governmental organization or reorganization as defined
in Section 56021 or 56073, on the provision of adequate school
facilities.
(i) A state or local agency may not deny or refuse to approve a
legislative or adjudicative act, or both, involving, but not limited
to, the planning, use, or development of real property, or any change
in governmental organization or reorganization as defined in Section
56021 or 56073 on the basis of a person's refusal to provide school
facilities mitigation that exceeds the amounts authorized pursuant to
this section or pursuant to Section 65995.5 or 65995.7, as
applicable.