Bill Text: CA SB1202 | 2017-2018 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Land use: development fees.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Passed) 2018-09-11 - Chaptered by Secretary of State. Chapter 357, Statutes of 2018. [SB1202 Detail]

Download: California-2017-SB1202-Amended.html

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Amended  IN  Senate  April 10, 2018

Amended  IN  Senate  March 19, 2018

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Senate Bill

No. 1202

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Introduced by Senator Stone

February 15, 2018

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An act to add Section 66009 to the Government Code, relating to land use.

LEGISLATIVE COUNSEL'S DIGEST

SB 1202, as amended, Stone. Land use: development fees.

The Mitigation Fee Act, in any action establishing, increasing, or imposing a fee as a condition of approval of a development project by a local agency, requires the local agency to identify the purpose of the fee, identify the use to which the fee is to be put, determine how there is a reasonable relationship between the fee’s use and the type of development project on which the fee is imposed, and 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.

The Mitigation Fee Act, if a local agency requires the payment of certain fees to provide for an improvement to serve a development project in connection with the approval of that development project, requires the local agency receiving the fee to deposit the fee with the other fees imposed for the improvement in a separate capital facilities account or fund and to expend those fees solely for the purpose for which the fees were collected. The act requires the local agency, within 180 days after the last day of each fiscal year, to make public specified information for the fiscal year about each separate account or fund established, including the amount of fees collected and an identification of each public improvement on which fees were expended.

This bill would require a local agency that does not make the above described identifications and determinations in connection with comply with this requirement following the establishment, increase, or imposition of a certain fee but requires the payment of that fee in connection with a development project for 3 consecutive years, to decrease the amount of that fee by 50% and would prohibit the local agency from establishing, increasing, or imposing any other development fees.

Digest Key

Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NO   Local Program: NO  

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Bill Text

The people of the State of California do enact as follows:

SECTION 1.

 Section 66009 is added to the Government Code, to read:

66009.

 (a) Notwithstanding any other provision, law, if a local agency does not comply with subdivision (a) (b) of Section 66001 during 66006 following the establishment, increase, or imposition of a fee described in subdivision (c), but requires the payment of that fee in connection with the approval of a development project for three consecutive years, the local agency shall decrease the amount of that fee by 50 percent and may not establish, increase, or impose any other fee described in subdivision (c) until the local agency complies with subdivision (a) (b) of Section 66001. 66006.

(b) A local agency that does not comply with subdivision (a) (b) of Section 66001 66006 may not suspend, delay, or deny the approval of a development project that does not pay a fee subject to a decrease under subdivision (a) of this section.

(c) (1) For purposes of this section, except as provided in paragraph (2),“fee” means any fee imposed to provide for an improvement to be constructed to serve a development project, or which is a fee for public improvements within the meaning of subdivision (b) of Section 66000, and that is imposed by the local agency as a condition of approving the development project.

(2) For purposes of paragraph (1), “fees” shall not include fees for zoning variances, zoning changes, use permits, building inspections, building permits, filing and processing applications and petitions filed with the local agency formation commission or conducting preliminary proceedings or proceedings under the Cortese-Knox-Hertzberg Local Government Reorganization Act of 2000 (Division 3 (commencing with Section 56000) of Title 5), the processing of maps under the provisions of the Subdivision Map Act (Division 2 (commencing with Section 66410) of Title 7), planning services under the authority of Chapter 3 (commencing with Section 65100) of Division 1 of Title 7 or under any other authority, or for costs reasonably necessary to prepare and revise the plans and policies that a local agency is required to adopt before it can make any necessary findings and determinations.