Amended IN Assembly March 18, 2021 CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION Assembly Bill No. 602Introduced by Assembly Member GraysonFebruary 11, 2021 An act to amend Section 66000 of 65940.1 of, and to add Section 65940.2 to, the Government Code, and to add Section 50466.5 to the Health and Safety Code, relating to land use. LEGISLATIVE COUNSEL'S DIGESTAB 602, as amended, Grayson. Development fees. fees: impact fee nexus study.Existing law, the Permit Streamlining Act, which is part of the Planning and Zoning Law, requires each public agency to provide a development project applicant with a list that specifies the information that will be required from any applicant for a development project. 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 a reasonable relationship between the fees use and the type of development project on which the fee is imposed. Existing law requires a city, county, or special district that has an internet website to make available on its internet website certain information, as applicable, including its current schedule of fees and exactions.This bill, among other things, would require, on and after January 1, 2022, a city, county, or special district that conducts an impact fee nexus study to follow specific standards and practices, including, but not limited to, (1) that prior to the adoption of an associated development fee or exaction, an impact fee nexus study be adopted, (2) that the study identify the existing level of service for each assessed impact, identify the proposed new level of service, explain the level of metric being used, and include a finding of why the new level of service is necessary, and (3) that a fee levied or imposed on a housing development project by a local agency be proportionate to the square footage of the proposed unit or units. The bill would also require a city, county, or special district to post a written fee schedule or a link directly to the written fee schedule on its internet website. By requiring a city or county to include certain information in, and follow certain standards with regard to, its impact fee nexus studies and to include certain information on its internet website, the bill would impose a state-mandated local program.Existing law requires the Department of Housing and Community Development to develop specifications for the structure, functions, and organization of a housing and community development information system for this state. Existing law requires the system to include statistical, demographic, and community development data that will be of assistance to local public entities in the planning and implementation of housing and community development programs.This bill would require the department, on or before January 1, 2024, to create an impact fee nexus study template that may be used by local jurisdictions. The bill would require that the template include a method of calculating the feasibility of housing being built with a given fee level.The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that no reimbursement is required by this act for a specified reason.The Mitigation Fee Act, among other things, prohibits a fee or exaction imposed as a condition of approval of a proposed development or development project from exceeding the estimated reasonable cost of providing the service or facility for which the fee or exaction is imposed. The act defines various terms for these purposes.This bill would make nonsubstantive changes to the definitions under the act.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NOYES Local Program: NOYES Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 65940.1 of the Government Code is amended to read:65940.1. (a) (1) A city, county, or special district that has an internet website shall make all of the following available on its internet website, as applicable:(A) (i) A current schedule of fees, exactions, and affordability requirements imposed by that city, county, or special district, including any dependent special districts, as defined in Section 56032.5, of the city or county applicable to a proposed housing development project.(ii) The city, county, or special district shall present the information described in clause (i) in a manner that clearly identifies the fees, exactions, and affordability requirements that apply to each parcel and the fees that apply to each new water and sewer utility connection.(iii) The city, county, or special district shall post a written fee schedule or a link directly to the written fee schedule on its internet website.(B) All zoning ordinances and development standards adopted by the city or county presenting the information, which shall specify the zoning, design, and development standards that apply to each parcel.(C) The list required to be compiled pursuant to Section 65940 by the city or county presenting the information.(D) The current and five previous annual fee reports or the current and five previous annual financial reports, that were required pursuant to subdivision (b) of Section 66006 and subdivision (d) of Section 66013.(E) An archive of impact fee nexus studies, cost of service studies, or equivalent, conducted by that city, county, or special district on or after January 1, 2018. For purposes of this subparagraph, cost of service study means the data provided to the public pursuant to subdivision (a) of Section 66016.(2) A city, county, or special district shall update the information made available under this subdivision within 30 days of any changes.(3) A city, county, or special district shall request from a development proponent, upon issuance of a certificate of occupancy, the total amount of fees and exactions associated with the project for which the certificate was issued. The city, county, or special district shall post this information on its internet website, and update it at least twice per year.(b) For purposes of this section:(1) Affordability requirement means a requirement imposed as a condition of a development of residential units, that the development include a certain percentage of the units affordable for rent or sale to households with incomes that do not exceed the limits for moderate-income, lower income, very low income, or extremely low income households specified in Sections 50079.5, 50093, 50105, and 50106 of the Health and Safety Code, or an alternative means of compliance with that requirement including, but not limited to, in-lieu fees, land dedication, off-site construction, or acquisition and rehabilitation of existing units.(2) (A) Exaction means any of the following:(i) A construction excise tax.(ii) A requirement that the housing development project provide public art or an in-lieu payment.(iii) A special tax levied on new housing units pursuant to the Mello-Roos Community Facilities Act (Chapter 2.5 (commencing with Section 53311) of Part 1 of Division 2 of Title 5).(iv) Dedications of parkland or in-lieu fees imposed pursuant to Section 66477.(B) Exaction does not include fees or charges pursuant to Section 66013 that are not imposed (i) in connection with issuing or approving a permit for development or (ii) as a condition of approval of a proposed development, as held in Capistrano Beach Water Dist. v. Taj Development Corp. (1999) 72 Cal.App.4th 524.(3) Fee means a fee or charge described in the Mitigation Fee Act (Chapter 5 (commencing with Section 66000), Chapter 6 (commencing with Section 66010), Chapter 7 (commencing with Section 66012), Chapter 8 (commencing with Section 66016), and Chapter 9 (commencing with Section 66020)).(4) Housing development project means a use consisting of any of the following:(A) Residential units only.(B) Mixed-use developments consisting of residential and nonresidential uses with at least two-thirds of the square footage designated for residential use.(C) Transitional housing or supportive housing.(c) This section shall not be construed to alter the existing authority of a city, county, or special district to adopt or impose an exaction or fee.SEC. 2. Section 65940.2 is added to the Government Code, to read:65940.2. (a) On and after January 1, 2022, a city, county, or special district that conducts an impact fee nexus study shall follow all of the following standards and practices:(1) Prior to the adoption of an associated development fee or exaction, an impact fee nexus study shall be adopted.(2) When applicable, the study shall identify the existing level of service for each assessed impact, identify the proposed new level of service, explain the level of metric being used, and include a finding of why the new level of service is necessary.(3) (A) In calculating the fee associated with a development impact, a fee levied or imposed on a housing development project by a local agency shall be proportionate to the square footage of the proposed unit or units.(B) This requirement does not prohibit an agency from establishing different fees for different types of developments.(4) A capital improvement plan shall be adopted as part of the study when infrastructure that is required to mitigate development impacts, or is required as a condition of development, exceeds a total cost of two million dollars ($2,000,000).(5) All studies shall be adopted at a public hearing with at least 30 days notice, and the local agency shall notify any member of the public that requests notice of intent to begin an impact fee nexus study of the date of the hearing.(6) All development impacts shall be calculated using standards that comply with existing law, including, but not limited to, vehicle miles traveled.(7) Studies shall be updated every eight years, from the period beginning on January 1, 2022.(8) The local agency may use the impact fee nexus study template developed by the Department of Housing and Community Development pursuant to Section 50466.5 of the Health and Safety Code.(b) For purposes of this section, the terms exaction and fee have the same meanings as in Section 65940.1.SEC. 3. Section 50466.5 is added to the Health and Safety Code, to read:50466.5. (a) On or before January 1, 2024, the department shall create an impact fee nexus study template that may be used by local jurisdictions. The template shall include a method of calculating the feasibility of housing being built with a given fee level.(b) The department may contract with nonprofit or academic institutions to complete the template.(c) The department, on or before January 1, 2024, shall consider offering incentives, including, but not limited to, preference in grant applications for local jurisdictions that utilize the template.SEC. 4. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because a local agency or school district has the authority to levy service charges, fees, or assessments sufficient to pay for the program or level of service mandated by this act, within the meaning of Section 17556 of the Government Code.SECTION 1.Section 66000 of the Government Code is amended to read:66000.As used in this chapter, the following terms have the following meanings:(a)Development project means a project undertaken for the purpose of development. Development project includes a project involving the issuance of a permit for construction or reconstruction, but not a permit to operate.(b)Fee means a monetary exaction other than a tax or special assessment, whether established for a broad class of projects by legislation of general applicability or imposed on a specific project on an ad hoc basis, that is charged by a local agency to the applicant in connection with approval of a development project for the purpose of defraying all or a portion of the cost of public facilities related to the development project, but does not include fees specified in Section 66477, fees for processing applications for governmental regulatory actions or approvals, fees collected pursuant to development agreements adopted pursuant to Article 2.5 (commencing with Section 65864) of Chapter 4, or fees collected pursuant to agreements with redevelopment agencies that provide for the redevelopment of property in furtherance or for the benefit of a redevelopment project for which a redevelopment plan has been adopted pursuant to the Community Redevelopment Law (Part 1 (commencing with Section 33000) of Division 24 of the Health and Safety Code).(c)Local agency means a county, city, whether general law or chartered, city and county, school district, special district, authority, agency, any other municipal public corporation or district, or other political subdivision of the state.(d)Public facilities includes public improvements, public services, and community amenities.
Amended IN Assembly March 18, 2021 CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION Assembly Bill No. 602Introduced by Assembly Member GraysonFebruary 11, 2021 An act to amend Section 66000 of 65940.1 of, and to add Section 65940.2 to, the Government Code, and to add Section 50466.5 to the Health and Safety Code, relating to land use. LEGISLATIVE COUNSEL'S DIGESTAB 602, as amended, Grayson. Development fees. fees: impact fee nexus study.Existing law, the Permit Streamlining Act, which is part of the Planning and Zoning Law, requires each public agency to provide a development project applicant with a list that specifies the information that will be required from any applicant for a development project. 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 a reasonable relationship between the fees use and the type of development project on which the fee is imposed. Existing law requires a city, county, or special district that has an internet website to make available on its internet website certain information, as applicable, including its current schedule of fees and exactions.This bill, among other things, would require, on and after January 1, 2022, a city, county, or special district that conducts an impact fee nexus study to follow specific standards and practices, including, but not limited to, (1) that prior to the adoption of an associated development fee or exaction, an impact fee nexus study be adopted, (2) that the study identify the existing level of service for each assessed impact, identify the proposed new level of service, explain the level of metric being used, and include a finding of why the new level of service is necessary, and (3) that a fee levied or imposed on a housing development project by a local agency be proportionate to the square footage of the proposed unit or units. The bill would also require a city, county, or special district to post a written fee schedule or a link directly to the written fee schedule on its internet website. By requiring a city or county to include certain information in, and follow certain standards with regard to, its impact fee nexus studies and to include certain information on its internet website, the bill would impose a state-mandated local program.Existing law requires the Department of Housing and Community Development to develop specifications for the structure, functions, and organization of a housing and community development information system for this state. Existing law requires the system to include statistical, demographic, and community development data that will be of assistance to local public entities in the planning and implementation of housing and community development programs.This bill would require the department, on or before January 1, 2024, to create an impact fee nexus study template that may be used by local jurisdictions. The bill would require that the template include a method of calculating the feasibility of housing being built with a given fee level.The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that no reimbursement is required by this act for a specified reason.The Mitigation Fee Act, among other things, prohibits a fee or exaction imposed as a condition of approval of a proposed development or development project from exceeding the estimated reasonable cost of providing the service or facility for which the fee or exaction is imposed. The act defines various terms for these purposes.This bill would make nonsubstantive changes to the definitions under the act.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NOYES Local Program: NOYES
Amended IN Assembly March 18, 2021
Amended IN Assembly March 18, 2021
CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION
Assembly Bill
No. 602
Introduced by Assembly Member GraysonFebruary 11, 2021
Introduced by Assembly Member Grayson
February 11, 2021
An act to amend Section 66000 of 65940.1 of, and to add Section 65940.2 to, the Government Code, and to add Section 50466.5 to the Health and Safety Code, relating to land use.
LEGISLATIVE COUNSEL'S DIGEST
## LEGISLATIVE COUNSEL'S DIGEST
AB 602, as amended, Grayson. Development fees. fees: impact fee nexus study.
Existing law, the Permit Streamlining Act, which is part of the Planning and Zoning Law, requires each public agency to provide a development project applicant with a list that specifies the information that will be required from any applicant for a development project. 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 a reasonable relationship between the fees use and the type of development project on which the fee is imposed. Existing law requires a city, county, or special district that has an internet website to make available on its internet website certain information, as applicable, including its current schedule of fees and exactions.This bill, among other things, would require, on and after January 1, 2022, a city, county, or special district that conducts an impact fee nexus study to follow specific standards and practices, including, but not limited to, (1) that prior to the adoption of an associated development fee or exaction, an impact fee nexus study be adopted, (2) that the study identify the existing level of service for each assessed impact, identify the proposed new level of service, explain the level of metric being used, and include a finding of why the new level of service is necessary, and (3) that a fee levied or imposed on a housing development project by a local agency be proportionate to the square footage of the proposed unit or units. The bill would also require a city, county, or special district to post a written fee schedule or a link directly to the written fee schedule on its internet website. By requiring a city or county to include certain information in, and follow certain standards with regard to, its impact fee nexus studies and to include certain information on its internet website, the bill would impose a state-mandated local program.Existing law requires the Department of Housing and Community Development to develop specifications for the structure, functions, and organization of a housing and community development information system for this state. Existing law requires the system to include statistical, demographic, and community development data that will be of assistance to local public entities in the planning and implementation of housing and community development programs.This bill would require the department, on or before January 1, 2024, to create an impact fee nexus study template that may be used by local jurisdictions. The bill would require that the template include a method of calculating the feasibility of housing being built with a given fee level.The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that no reimbursement is required by this act for a specified reason.The Mitigation Fee Act, among other things, prohibits a fee or exaction imposed as a condition of approval of a proposed development or development project from exceeding the estimated reasonable cost of providing the service or facility for which the fee or exaction is imposed. The act defines various terms for these purposes.This bill would make nonsubstantive changes to the definitions under the act.
Existing law, the Permit Streamlining Act, which is part of the Planning and Zoning Law, requires each public agency to provide a development project applicant with a list that specifies the information that will be required from any applicant for a development project. 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 a reasonable relationship between the fees use and the type of development project on which the fee is imposed. Existing law requires a city, county, or special district that has an internet website to make available on its internet website certain information, as applicable, including its current schedule of fees and exactions.
This bill, among other things, would require, on and after January 1, 2022, a city, county, or special district that conducts an impact fee nexus study to follow specific standards and practices, including, but not limited to, (1) that prior to the adoption of an associated development fee or exaction, an impact fee nexus study be adopted, (2) that the study identify the existing level of service for each assessed impact, identify the proposed new level of service, explain the level of metric being used, and include a finding of why the new level of service is necessary, and (3) that a fee levied or imposed on a housing development project by a local agency be proportionate to the square footage of the proposed unit or units. The bill would also require a city, county, or special district to post a written fee schedule or a link directly to the written fee schedule on its internet website. By requiring a city or county to include certain information in, and follow certain standards with regard to, its impact fee nexus studies and to include certain information on its internet website, the bill would impose a state-mandated local program.
Existing law requires the Department of Housing and Community Development to develop specifications for the structure, functions, and organization of a housing and community development information system for this state. Existing law requires the system to include statistical, demographic, and community development data that will be of assistance to local public entities in the planning and implementation of housing and community development programs.
This bill would require the department, on or before January 1, 2024, to create an impact fee nexus study template that may be used by local jurisdictions. The bill would require that the template include a method of calculating the feasibility of housing being built with a given fee level.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
The Mitigation Fee Act, among other things, prohibits a fee or exaction imposed as a condition of approval of a proposed development or development project from exceeding the estimated reasonable cost of providing the service or facility for which the fee or exaction is imposed. The act defines various terms for these purposes.
This bill would make nonsubstantive changes to the definitions under the act.
## Digest Key
## Bill Text
The people of the State of California do enact as follows:SECTION 1. Section 65940.1 of the Government Code is amended to read:65940.1. (a) (1) A city, county, or special district that has an internet website shall make all of the following available on its internet website, as applicable:(A) (i) A current schedule of fees, exactions, and affordability requirements imposed by that city, county, or special district, including any dependent special districts, as defined in Section 56032.5, of the city or county applicable to a proposed housing development project.(ii) The city, county, or special district shall present the information described in clause (i) in a manner that clearly identifies the fees, exactions, and affordability requirements that apply to each parcel and the fees that apply to each new water and sewer utility connection.(iii) The city, county, or special district shall post a written fee schedule or a link directly to the written fee schedule on its internet website.(B) All zoning ordinances and development standards adopted by the city or county presenting the information, which shall specify the zoning, design, and development standards that apply to each parcel.(C) The list required to be compiled pursuant to Section 65940 by the city or county presenting the information.(D) The current and five previous annual fee reports or the current and five previous annual financial reports, that were required pursuant to subdivision (b) of Section 66006 and subdivision (d) of Section 66013.(E) An archive of impact fee nexus studies, cost of service studies, or equivalent, conducted by that city, county, or special district on or after January 1, 2018. For purposes of this subparagraph, cost of service study means the data provided to the public pursuant to subdivision (a) of Section 66016.(2) A city, county, or special district shall update the information made available under this subdivision within 30 days of any changes.(3) A city, county, or special district shall request from a development proponent, upon issuance of a certificate of occupancy, the total amount of fees and exactions associated with the project for which the certificate was issued. The city, county, or special district shall post this information on its internet website, and update it at least twice per year.(b) For purposes of this section:(1) Affordability requirement means a requirement imposed as a condition of a development of residential units, that the development include a certain percentage of the units affordable for rent or sale to households with incomes that do not exceed the limits for moderate-income, lower income, very low income, or extremely low income households specified in Sections 50079.5, 50093, 50105, and 50106 of the Health and Safety Code, or an alternative means of compliance with that requirement including, but not limited to, in-lieu fees, land dedication, off-site construction, or acquisition and rehabilitation of existing units.(2) (A) Exaction means any of the following:(i) A construction excise tax.(ii) A requirement that the housing development project provide public art or an in-lieu payment.(iii) A special tax levied on new housing units pursuant to the Mello-Roos Community Facilities Act (Chapter 2.5 (commencing with Section 53311) of Part 1 of Division 2 of Title 5).(iv) Dedications of parkland or in-lieu fees imposed pursuant to Section 66477.(B) Exaction does not include fees or charges pursuant to Section 66013 that are not imposed (i) in connection with issuing or approving a permit for development or (ii) as a condition of approval of a proposed development, as held in Capistrano Beach Water Dist. v. Taj Development Corp. (1999) 72 Cal.App.4th 524.(3) Fee means a fee or charge described in the Mitigation Fee Act (Chapter 5 (commencing with Section 66000), Chapter 6 (commencing with Section 66010), Chapter 7 (commencing with Section 66012), Chapter 8 (commencing with Section 66016), and Chapter 9 (commencing with Section 66020)).(4) Housing development project means a use consisting of any of the following:(A) Residential units only.(B) Mixed-use developments consisting of residential and nonresidential uses with at least two-thirds of the square footage designated for residential use.(C) Transitional housing or supportive housing.(c) This section shall not be construed to alter the existing authority of a city, county, or special district to adopt or impose an exaction or fee.SEC. 2. Section 65940.2 is added to the Government Code, to read:65940.2. (a) On and after January 1, 2022, a city, county, or special district that conducts an impact fee nexus study shall follow all of the following standards and practices:(1) Prior to the adoption of an associated development fee or exaction, an impact fee nexus study shall be adopted.(2) When applicable, the study shall identify the existing level of service for each assessed impact, identify the proposed new level of service, explain the level of metric being used, and include a finding of why the new level of service is necessary.(3) (A) In calculating the fee associated with a development impact, a fee levied or imposed on a housing development project by a local agency shall be proportionate to the square footage of the proposed unit or units.(B) This requirement does not prohibit an agency from establishing different fees for different types of developments.(4) A capital improvement plan shall be adopted as part of the study when infrastructure that is required to mitigate development impacts, or is required as a condition of development, exceeds a total cost of two million dollars ($2,000,000).(5) All studies shall be adopted at a public hearing with at least 30 days notice, and the local agency shall notify any member of the public that requests notice of intent to begin an impact fee nexus study of the date of the hearing.(6) All development impacts shall be calculated using standards that comply with existing law, including, but not limited to, vehicle miles traveled.(7) Studies shall be updated every eight years, from the period beginning on January 1, 2022.(8) The local agency may use the impact fee nexus study template developed by the Department of Housing and Community Development pursuant to Section 50466.5 of the Health and Safety Code.(b) For purposes of this section, the terms exaction and fee have the same meanings as in Section 65940.1.SEC. 3. Section 50466.5 is added to the Health and Safety Code, to read:50466.5. (a) On or before January 1, 2024, the department shall create an impact fee nexus study template that may be used by local jurisdictions. The template shall include a method of calculating the feasibility of housing being built with a given fee level.(b) The department may contract with nonprofit or academic institutions to complete the template.(c) The department, on or before January 1, 2024, shall consider offering incentives, including, but not limited to, preference in grant applications for local jurisdictions that utilize the template.SEC. 4. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because a local agency or school district has the authority to levy service charges, fees, or assessments sufficient to pay for the program or level of service mandated by this act, within the meaning of Section 17556 of the Government Code.SECTION 1.Section 66000 of the Government Code is amended to read:66000.As used in this chapter, the following terms have the following meanings:(a)Development project means a project undertaken for the purpose of development. Development project includes a project involving the issuance of a permit for construction or reconstruction, but not a permit to operate.(b)Fee means a monetary exaction other than a tax or special assessment, whether established for a broad class of projects by legislation of general applicability or imposed on a specific project on an ad hoc basis, that is charged by a local agency to the applicant in connection with approval of a development project for the purpose of defraying all or a portion of the cost of public facilities related to the development project, but does not include fees specified in Section 66477, fees for processing applications for governmental regulatory actions or approvals, fees collected pursuant to development agreements adopted pursuant to Article 2.5 (commencing with Section 65864) of Chapter 4, or fees collected pursuant to agreements with redevelopment agencies that provide for the redevelopment of property in furtherance or for the benefit of a redevelopment project for which a redevelopment plan has been adopted pursuant to the Community Redevelopment Law (Part 1 (commencing with Section 33000) of Division 24 of the Health and Safety Code).(c)Local agency means a county, city, whether general law or chartered, city and county, school district, special district, authority, agency, any other municipal public corporation or district, or other political subdivision of the state.(d)Public facilities includes public improvements, public services, and community amenities.
The people of the State of California do enact as follows:
## The people of the State of California do enact as follows:
SECTION 1. Section 65940.1 of the Government Code is amended to read:65940.1. (a) (1) A city, county, or special district that has an internet website shall make all of the following available on its internet website, as applicable:(A) (i) A current schedule of fees, exactions, and affordability requirements imposed by that city, county, or special district, including any dependent special districts, as defined in Section 56032.5, of the city or county applicable to a proposed housing development project.(ii) The city, county, or special district shall present the information described in clause (i) in a manner that clearly identifies the fees, exactions, and affordability requirements that apply to each parcel and the fees that apply to each new water and sewer utility connection.(iii) The city, county, or special district shall post a written fee schedule or a link directly to the written fee schedule on its internet website.(B) All zoning ordinances and development standards adopted by the city or county presenting the information, which shall specify the zoning, design, and development standards that apply to each parcel.(C) The list required to be compiled pursuant to Section 65940 by the city or county presenting the information.(D) The current and five previous annual fee reports or the current and five previous annual financial reports, that were required pursuant to subdivision (b) of Section 66006 and subdivision (d) of Section 66013.(E) An archive of impact fee nexus studies, cost of service studies, or equivalent, conducted by that city, county, or special district on or after January 1, 2018. For purposes of this subparagraph, cost of service study means the data provided to the public pursuant to subdivision (a) of Section 66016.(2) A city, county, or special district shall update the information made available under this subdivision within 30 days of any changes.(3) A city, county, or special district shall request from a development proponent, upon issuance of a certificate of occupancy, the total amount of fees and exactions associated with the project for which the certificate was issued. The city, county, or special district shall post this information on its internet website, and update it at least twice per year.(b) For purposes of this section:(1) Affordability requirement means a requirement imposed as a condition of a development of residential units, that the development include a certain percentage of the units affordable for rent or sale to households with incomes that do not exceed the limits for moderate-income, lower income, very low income, or extremely low income households specified in Sections 50079.5, 50093, 50105, and 50106 of the Health and Safety Code, or an alternative means of compliance with that requirement including, but not limited to, in-lieu fees, land dedication, off-site construction, or acquisition and rehabilitation of existing units.(2) (A) Exaction means any of the following:(i) A construction excise tax.(ii) A requirement that the housing development project provide public art or an in-lieu payment.(iii) A special tax levied on new housing units pursuant to the Mello-Roos Community Facilities Act (Chapter 2.5 (commencing with Section 53311) of Part 1 of Division 2 of Title 5).(iv) Dedications of parkland or in-lieu fees imposed pursuant to Section 66477.(B) Exaction does not include fees or charges pursuant to Section 66013 that are not imposed (i) in connection with issuing or approving a permit for development or (ii) as a condition of approval of a proposed development, as held in Capistrano Beach Water Dist. v. Taj Development Corp. (1999) 72 Cal.App.4th 524.(3) Fee means a fee or charge described in the Mitigation Fee Act (Chapter 5 (commencing with Section 66000), Chapter 6 (commencing with Section 66010), Chapter 7 (commencing with Section 66012), Chapter 8 (commencing with Section 66016), and Chapter 9 (commencing with Section 66020)).(4) Housing development project means a use consisting of any of the following:(A) Residential units only.(B) Mixed-use developments consisting of residential and nonresidential uses with at least two-thirds of the square footage designated for residential use.(C) Transitional housing or supportive housing.(c) This section shall not be construed to alter the existing authority of a city, county, or special district to adopt or impose an exaction or fee.
SECTION 1. Section 65940.1 of the Government Code is amended to read:
### SECTION 1.
65940.1. (a) (1) A city, county, or special district that has an internet website shall make all of the following available on its internet website, as applicable:(A) (i) A current schedule of fees, exactions, and affordability requirements imposed by that city, county, or special district, including any dependent special districts, as defined in Section 56032.5, of the city or county applicable to a proposed housing development project.(ii) The city, county, or special district shall present the information described in clause (i) in a manner that clearly identifies the fees, exactions, and affordability requirements that apply to each parcel and the fees that apply to each new water and sewer utility connection.(iii) The city, county, or special district shall post a written fee schedule or a link directly to the written fee schedule on its internet website.(B) All zoning ordinances and development standards adopted by the city or county presenting the information, which shall specify the zoning, design, and development standards that apply to each parcel.(C) The list required to be compiled pursuant to Section 65940 by the city or county presenting the information.(D) The current and five previous annual fee reports or the current and five previous annual financial reports, that were required pursuant to subdivision (b) of Section 66006 and subdivision (d) of Section 66013.(E) An archive of impact fee nexus studies, cost of service studies, or equivalent, conducted by that city, county, or special district on or after January 1, 2018. For purposes of this subparagraph, cost of service study means the data provided to the public pursuant to subdivision (a) of Section 66016.(2) A city, county, or special district shall update the information made available under this subdivision within 30 days of any changes.(3) A city, county, or special district shall request from a development proponent, upon issuance of a certificate of occupancy, the total amount of fees and exactions associated with the project for which the certificate was issued. The city, county, or special district shall post this information on its internet website, and update it at least twice per year.(b) For purposes of this section:(1) Affordability requirement means a requirement imposed as a condition of a development of residential units, that the development include a certain percentage of the units affordable for rent or sale to households with incomes that do not exceed the limits for moderate-income, lower income, very low income, or extremely low income households specified in Sections 50079.5, 50093, 50105, and 50106 of the Health and Safety Code, or an alternative means of compliance with that requirement including, but not limited to, in-lieu fees, land dedication, off-site construction, or acquisition and rehabilitation of existing units.(2) (A) Exaction means any of the following:(i) A construction excise tax.(ii) A requirement that the housing development project provide public art or an in-lieu payment.(iii) A special tax levied on new housing units pursuant to the Mello-Roos Community Facilities Act (Chapter 2.5 (commencing with Section 53311) of Part 1 of Division 2 of Title 5).(iv) Dedications of parkland or in-lieu fees imposed pursuant to Section 66477.(B) Exaction does not include fees or charges pursuant to Section 66013 that are not imposed (i) in connection with issuing or approving a permit for development or (ii) as a condition of approval of a proposed development, as held in Capistrano Beach Water Dist. v. Taj Development Corp. (1999) 72 Cal.App.4th 524.(3) Fee means a fee or charge described in the Mitigation Fee Act (Chapter 5 (commencing with Section 66000), Chapter 6 (commencing with Section 66010), Chapter 7 (commencing with Section 66012), Chapter 8 (commencing with Section 66016), and Chapter 9 (commencing with Section 66020)).(4) Housing development project means a use consisting of any of the following:(A) Residential units only.(B) Mixed-use developments consisting of residential and nonresidential uses with at least two-thirds of the square footage designated for residential use.(C) Transitional housing or supportive housing.(c) This section shall not be construed to alter the existing authority of a city, county, or special district to adopt or impose an exaction or fee.
65940.1. (a) (1) A city, county, or special district that has an internet website shall make all of the following available on its internet website, as applicable:(A) (i) A current schedule of fees, exactions, and affordability requirements imposed by that city, county, or special district, including any dependent special districts, as defined in Section 56032.5, of the city or county applicable to a proposed housing development project.(ii) The city, county, or special district shall present the information described in clause (i) in a manner that clearly identifies the fees, exactions, and affordability requirements that apply to each parcel and the fees that apply to each new water and sewer utility connection.(iii) The city, county, or special district shall post a written fee schedule or a link directly to the written fee schedule on its internet website.(B) All zoning ordinances and development standards adopted by the city or county presenting the information, which shall specify the zoning, design, and development standards that apply to each parcel.(C) The list required to be compiled pursuant to Section 65940 by the city or county presenting the information.(D) The current and five previous annual fee reports or the current and five previous annual financial reports, that were required pursuant to subdivision (b) of Section 66006 and subdivision (d) of Section 66013.(E) An archive of impact fee nexus studies, cost of service studies, or equivalent, conducted by that city, county, or special district on or after January 1, 2018. For purposes of this subparagraph, cost of service study means the data provided to the public pursuant to subdivision (a) of Section 66016.(2) A city, county, or special district shall update the information made available under this subdivision within 30 days of any changes.(3) A city, county, or special district shall request from a development proponent, upon issuance of a certificate of occupancy, the total amount of fees and exactions associated with the project for which the certificate was issued. The city, county, or special district shall post this information on its internet website, and update it at least twice per year.(b) For purposes of this section:(1) Affordability requirement means a requirement imposed as a condition of a development of residential units, that the development include a certain percentage of the units affordable for rent or sale to households with incomes that do not exceed the limits for moderate-income, lower income, very low income, or extremely low income households specified in Sections 50079.5, 50093, 50105, and 50106 of the Health and Safety Code, or an alternative means of compliance with that requirement including, but not limited to, in-lieu fees, land dedication, off-site construction, or acquisition and rehabilitation of existing units.(2) (A) Exaction means any of the following:(i) A construction excise tax.(ii) A requirement that the housing development project provide public art or an in-lieu payment.(iii) A special tax levied on new housing units pursuant to the Mello-Roos Community Facilities Act (Chapter 2.5 (commencing with Section 53311) of Part 1 of Division 2 of Title 5).(iv) Dedications of parkland or in-lieu fees imposed pursuant to Section 66477.(B) Exaction does not include fees or charges pursuant to Section 66013 that are not imposed (i) in connection with issuing or approving a permit for development or (ii) as a condition of approval of a proposed development, as held in Capistrano Beach Water Dist. v. Taj Development Corp. (1999) 72 Cal.App.4th 524.(3) Fee means a fee or charge described in the Mitigation Fee Act (Chapter 5 (commencing with Section 66000), Chapter 6 (commencing with Section 66010), Chapter 7 (commencing with Section 66012), Chapter 8 (commencing with Section 66016), and Chapter 9 (commencing with Section 66020)).(4) Housing development project means a use consisting of any of the following:(A) Residential units only.(B) Mixed-use developments consisting of residential and nonresidential uses with at least two-thirds of the square footage designated for residential use.(C) Transitional housing or supportive housing.(c) This section shall not be construed to alter the existing authority of a city, county, or special district to adopt or impose an exaction or fee.
65940.1. (a) (1) A city, county, or special district that has an internet website shall make all of the following available on its internet website, as applicable:(A) (i) A current schedule of fees, exactions, and affordability requirements imposed by that city, county, or special district, including any dependent special districts, as defined in Section 56032.5, of the city or county applicable to a proposed housing development project.(ii) The city, county, or special district shall present the information described in clause (i) in a manner that clearly identifies the fees, exactions, and affordability requirements that apply to each parcel and the fees that apply to each new water and sewer utility connection.(iii) The city, county, or special district shall post a written fee schedule or a link directly to the written fee schedule on its internet website.(B) All zoning ordinances and development standards adopted by the city or county presenting the information, which shall specify the zoning, design, and development standards that apply to each parcel.(C) The list required to be compiled pursuant to Section 65940 by the city or county presenting the information.(D) The current and five previous annual fee reports or the current and five previous annual financial reports, that were required pursuant to subdivision (b) of Section 66006 and subdivision (d) of Section 66013.(E) An archive of impact fee nexus studies, cost of service studies, or equivalent, conducted by that city, county, or special district on or after January 1, 2018. For purposes of this subparagraph, cost of service study means the data provided to the public pursuant to subdivision (a) of Section 66016.(2) A city, county, or special district shall update the information made available under this subdivision within 30 days of any changes.(3) A city, county, or special district shall request from a development proponent, upon issuance of a certificate of occupancy, the total amount of fees and exactions associated with the project for which the certificate was issued. The city, county, or special district shall post this information on its internet website, and update it at least twice per year.(b) For purposes of this section:(1) Affordability requirement means a requirement imposed as a condition of a development of residential units, that the development include a certain percentage of the units affordable for rent or sale to households with incomes that do not exceed the limits for moderate-income, lower income, very low income, or extremely low income households specified in Sections 50079.5, 50093, 50105, and 50106 of the Health and Safety Code, or an alternative means of compliance with that requirement including, but not limited to, in-lieu fees, land dedication, off-site construction, or acquisition and rehabilitation of existing units.(2) (A) Exaction means any of the following:(i) A construction excise tax.(ii) A requirement that the housing development project provide public art or an in-lieu payment.(iii) A special tax levied on new housing units pursuant to the Mello-Roos Community Facilities Act (Chapter 2.5 (commencing with Section 53311) of Part 1 of Division 2 of Title 5).(iv) Dedications of parkland or in-lieu fees imposed pursuant to Section 66477.(B) Exaction does not include fees or charges pursuant to Section 66013 that are not imposed (i) in connection with issuing or approving a permit for development or (ii) as a condition of approval of a proposed development, as held in Capistrano Beach Water Dist. v. Taj Development Corp. (1999) 72 Cal.App.4th 524.(3) Fee means a fee or charge described in the Mitigation Fee Act (Chapter 5 (commencing with Section 66000), Chapter 6 (commencing with Section 66010), Chapter 7 (commencing with Section 66012), Chapter 8 (commencing with Section 66016), and Chapter 9 (commencing with Section 66020)).(4) Housing development project means a use consisting of any of the following:(A) Residential units only.(B) Mixed-use developments consisting of residential and nonresidential uses with at least two-thirds of the square footage designated for residential use.(C) Transitional housing or supportive housing.(c) This section shall not be construed to alter the existing authority of a city, county, or special district to adopt or impose an exaction or fee.
65940.1. (a) (1) A city, county, or special district that has an internet website shall make all of the following available on its internet website, as applicable:
(A) (i) A current schedule of fees, exactions, and affordability requirements imposed by that city, county, or special district, including any dependent special districts, as defined in Section 56032.5, of the city or county applicable to a proposed housing development project.
(ii) The city, county, or special district shall present the information described in clause (i) in a manner that clearly identifies the fees, exactions, and affordability requirements that apply to each parcel and the fees that apply to each new water and sewer utility connection.
(iii) The city, county, or special district shall post a written fee schedule or a link directly to the written fee schedule on its internet website.
(B) All zoning ordinances and development standards adopted by the city or county presenting the information, which shall specify the zoning, design, and development standards that apply to each parcel.
(C) The list required to be compiled pursuant to Section 65940 by the city or county presenting the information.
(D) The current and five previous annual fee reports or the current and five previous annual financial reports, that were required pursuant to subdivision (b) of Section 66006 and subdivision (d) of Section 66013.
(E) An archive of impact fee nexus studies, cost of service studies, or equivalent, conducted by that city, county, or special district on or after January 1, 2018. For purposes of this subparagraph, cost of service study means the data provided to the public pursuant to subdivision (a) of Section 66016.
(2) A city, county, or special district shall update the information made available under this subdivision within 30 days of any changes.
(3) A city, county, or special district shall request from a development proponent, upon issuance of a certificate of occupancy, the total amount of fees and exactions associated with the project for which the certificate was issued. The city, county, or special district shall post this information on its internet website, and update it at least twice per year.
(b) For purposes of this section:
(1) Affordability requirement means a requirement imposed as a condition of a development of residential units, that the development include a certain percentage of the units affordable for rent or sale to households with incomes that do not exceed the limits for moderate-income, lower income, very low income, or extremely low income households specified in Sections 50079.5, 50093, 50105, and 50106 of the Health and Safety Code, or an alternative means of compliance with that requirement including, but not limited to, in-lieu fees, land dedication, off-site construction, or acquisition and rehabilitation of existing units.
(2) (A) Exaction means any of the following:
(i) A construction excise tax.
(ii) A requirement that the housing development project provide public art or an in-lieu payment.
(iii) A special tax levied on new housing units pursuant to the Mello-Roos Community Facilities Act (Chapter 2.5 (commencing with Section 53311) of Part 1 of Division 2 of Title 5).
(iv) Dedications of parkland or in-lieu fees imposed pursuant to Section 66477.
(B) Exaction does not include fees or charges pursuant to Section 66013 that are not imposed (i) in connection with issuing or approving a permit for development or (ii) as a condition of approval of a proposed development, as held in Capistrano Beach Water Dist. v. Taj Development Corp. (1999) 72 Cal.App.4th 524.
(3) Fee means a fee or charge described in the Mitigation Fee Act (Chapter 5 (commencing with Section 66000), Chapter 6 (commencing with Section 66010), Chapter 7 (commencing with Section 66012), Chapter 8 (commencing with Section 66016), and Chapter 9 (commencing with Section 66020)).
(4) Housing development project means a use consisting of any of the following:
(A) Residential units only.
(B) Mixed-use developments consisting of residential and nonresidential uses with at least two-thirds of the square footage designated for residential use.
(C) Transitional housing or supportive housing.
(c) This section shall not be construed to alter the existing authority of a city, county, or special district to adopt or impose an exaction or fee.
SEC. 2. Section 65940.2 is added to the Government Code, to read:65940.2. (a) On and after January 1, 2022, a city, county, or special district that conducts an impact fee nexus study shall follow all of the following standards and practices:(1) Prior to the adoption of an associated development fee or exaction, an impact fee nexus study shall be adopted.(2) When applicable, the study shall identify the existing level of service for each assessed impact, identify the proposed new level of service, explain the level of metric being used, and include a finding of why the new level of service is necessary.(3) (A) In calculating the fee associated with a development impact, a fee levied or imposed on a housing development project by a local agency shall be proportionate to the square footage of the proposed unit or units.(B) This requirement does not prohibit an agency from establishing different fees for different types of developments.(4) A capital improvement plan shall be adopted as part of the study when infrastructure that is required to mitigate development impacts, or is required as a condition of development, exceeds a total cost of two million dollars ($2,000,000).(5) All studies shall be adopted at a public hearing with at least 30 days notice, and the local agency shall notify any member of the public that requests notice of intent to begin an impact fee nexus study of the date of the hearing.(6) All development impacts shall be calculated using standards that comply with existing law, including, but not limited to, vehicle miles traveled.(7) Studies shall be updated every eight years, from the period beginning on January 1, 2022.(8) The local agency may use the impact fee nexus study template developed by the Department of Housing and Community Development pursuant to Section 50466.5 of the Health and Safety Code.(b) For purposes of this section, the terms exaction and fee have the same meanings as in Section 65940.1.
SEC. 2. Section 65940.2 is added to the Government Code, to read:
### SEC. 2.
65940.2. (a) On and after January 1, 2022, a city, county, or special district that conducts an impact fee nexus study shall follow all of the following standards and practices:(1) Prior to the adoption of an associated development fee or exaction, an impact fee nexus study shall be adopted.(2) When applicable, the study shall identify the existing level of service for each assessed impact, identify the proposed new level of service, explain the level of metric being used, and include a finding of why the new level of service is necessary.(3) (A) In calculating the fee associated with a development impact, a fee levied or imposed on a housing development project by a local agency shall be proportionate to the square footage of the proposed unit or units.(B) This requirement does not prohibit an agency from establishing different fees for different types of developments.(4) A capital improvement plan shall be adopted as part of the study when infrastructure that is required to mitigate development impacts, or is required as a condition of development, exceeds a total cost of two million dollars ($2,000,000).(5) All studies shall be adopted at a public hearing with at least 30 days notice, and the local agency shall notify any member of the public that requests notice of intent to begin an impact fee nexus study of the date of the hearing.(6) All development impacts shall be calculated using standards that comply with existing law, including, but not limited to, vehicle miles traveled.(7) Studies shall be updated every eight years, from the period beginning on January 1, 2022.(8) The local agency may use the impact fee nexus study template developed by the Department of Housing and Community Development pursuant to Section 50466.5 of the Health and Safety Code.(b) For purposes of this section, the terms exaction and fee have the same meanings as in Section 65940.1.
65940.2. (a) On and after January 1, 2022, a city, county, or special district that conducts an impact fee nexus study shall follow all of the following standards and practices:(1) Prior to the adoption of an associated development fee or exaction, an impact fee nexus study shall be adopted.(2) When applicable, the study shall identify the existing level of service for each assessed impact, identify the proposed new level of service, explain the level of metric being used, and include a finding of why the new level of service is necessary.(3) (A) In calculating the fee associated with a development impact, a fee levied or imposed on a housing development project by a local agency shall be proportionate to the square footage of the proposed unit or units.(B) This requirement does not prohibit an agency from establishing different fees for different types of developments.(4) A capital improvement plan shall be adopted as part of the study when infrastructure that is required to mitigate development impacts, or is required as a condition of development, exceeds a total cost of two million dollars ($2,000,000).(5) All studies shall be adopted at a public hearing with at least 30 days notice, and the local agency shall notify any member of the public that requests notice of intent to begin an impact fee nexus study of the date of the hearing.(6) All development impacts shall be calculated using standards that comply with existing law, including, but not limited to, vehicle miles traveled.(7) Studies shall be updated every eight years, from the period beginning on January 1, 2022.(8) The local agency may use the impact fee nexus study template developed by the Department of Housing and Community Development pursuant to Section 50466.5 of the Health and Safety Code.(b) For purposes of this section, the terms exaction and fee have the same meanings as in Section 65940.1.
65940.2. (a) On and after January 1, 2022, a city, county, or special district that conducts an impact fee nexus study shall follow all of the following standards and practices:(1) Prior to the adoption of an associated development fee or exaction, an impact fee nexus study shall be adopted.(2) When applicable, the study shall identify the existing level of service for each assessed impact, identify the proposed new level of service, explain the level of metric being used, and include a finding of why the new level of service is necessary.(3) (A) In calculating the fee associated with a development impact, a fee levied or imposed on a housing development project by a local agency shall be proportionate to the square footage of the proposed unit or units.(B) This requirement does not prohibit an agency from establishing different fees for different types of developments.(4) A capital improvement plan shall be adopted as part of the study when infrastructure that is required to mitigate development impacts, or is required as a condition of development, exceeds a total cost of two million dollars ($2,000,000).(5) All studies shall be adopted at a public hearing with at least 30 days notice, and the local agency shall notify any member of the public that requests notice of intent to begin an impact fee nexus study of the date of the hearing.(6) All development impacts shall be calculated using standards that comply with existing law, including, but not limited to, vehicle miles traveled.(7) Studies shall be updated every eight years, from the period beginning on January 1, 2022.(8) The local agency may use the impact fee nexus study template developed by the Department of Housing and Community Development pursuant to Section 50466.5 of the Health and Safety Code.(b) For purposes of this section, the terms exaction and fee have the same meanings as in Section 65940.1.
65940.2. (a) On and after January 1, 2022, a city, county, or special district that conducts an impact fee nexus study shall follow all of the following standards and practices:
(1) Prior to the adoption of an associated development fee or exaction, an impact fee nexus study shall be adopted.
(2) When applicable, the study shall identify the existing level of service for each assessed impact, identify the proposed new level of service, explain the level of metric being used, and include a finding of why the new level of service is necessary.
(3) (A) In calculating the fee associated with a development impact, a fee levied or imposed on a housing development project by a local agency shall be proportionate to the square footage of the proposed unit or units.
(B) This requirement does not prohibit an agency from establishing different fees for different types of developments.
(4) A capital improvement plan shall be adopted as part of the study when infrastructure that is required to mitigate development impacts, or is required as a condition of development, exceeds a total cost of two million dollars ($2,000,000).
(5) All studies shall be adopted at a public hearing with at least 30 days notice, and the local agency shall notify any member of the public that requests notice of intent to begin an impact fee nexus study of the date of the hearing.
(6) All development impacts shall be calculated using standards that comply with existing law, including, but not limited to, vehicle miles traveled.
(7) Studies shall be updated every eight years, from the period beginning on January 1, 2022.
(8) The local agency may use the impact fee nexus study template developed by the Department of Housing and Community Development pursuant to Section 50466.5 of the Health and Safety Code.
(b) For purposes of this section, the terms exaction and fee have the same meanings as in Section 65940.1.
SEC. 3. Section 50466.5 is added to the Health and Safety Code, to read:50466.5. (a) On or before January 1, 2024, the department shall create an impact fee nexus study template that may be used by local jurisdictions. The template shall include a method of calculating the feasibility of housing being built with a given fee level.(b) The department may contract with nonprofit or academic institutions to complete the template.(c) The department, on or before January 1, 2024, shall consider offering incentives, including, but not limited to, preference in grant applications for local jurisdictions that utilize the template.
SEC. 3. Section 50466.5 is added to the Health and Safety Code, to read:
### SEC. 3.
50466.5. (a) On or before January 1, 2024, the department shall create an impact fee nexus study template that may be used by local jurisdictions. The template shall include a method of calculating the feasibility of housing being built with a given fee level.(b) The department may contract with nonprofit or academic institutions to complete the template.(c) The department, on or before January 1, 2024, shall consider offering incentives, including, but not limited to, preference in grant applications for local jurisdictions that utilize the template.
50466.5. (a) On or before January 1, 2024, the department shall create an impact fee nexus study template that may be used by local jurisdictions. The template shall include a method of calculating the feasibility of housing being built with a given fee level.(b) The department may contract with nonprofit or academic institutions to complete the template.(c) The department, on or before January 1, 2024, shall consider offering incentives, including, but not limited to, preference in grant applications for local jurisdictions that utilize the template.
50466.5. (a) On or before January 1, 2024, the department shall create an impact fee nexus study template that may be used by local jurisdictions. The template shall include a method of calculating the feasibility of housing being built with a given fee level.(b) The department may contract with nonprofit or academic institutions to complete the template.(c) The department, on or before January 1, 2024, shall consider offering incentives, including, but not limited to, preference in grant applications for local jurisdictions that utilize the template.
50466.5. (a) On or before January 1, 2024, the department shall create an impact fee nexus study template that may be used by local jurisdictions. The template shall include a method of calculating the feasibility of housing being built with a given fee level.
(b) The department may contract with nonprofit or academic institutions to complete the template.
(c) The department, on or before January 1, 2024, shall consider offering incentives, including, but not limited to, preference in grant applications for local jurisdictions that utilize the template.
SEC. 4. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because a local agency or school district has the authority to levy service charges, fees, or assessments sufficient to pay for the program or level of service mandated by this act, within the meaning of Section 17556 of the Government Code.
SEC. 4. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because a local agency or school district has the authority to levy service charges, fees, or assessments sufficient to pay for the program or level of service mandated by this act, within the meaning of Section 17556 of the Government Code.
SEC. 4. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because a local agency or school district has the authority to levy service charges, fees, or assessments sufficient to pay for the program or level of service mandated by this act, within the meaning of Section 17556 of the Government Code.
### SEC. 4.
As used in this chapter, the following terms have the following meanings:
(a)Development project means a project undertaken for the purpose of development. Development project includes a project involving the issuance of a permit for construction or reconstruction, but not a permit to operate.
(b)Fee means a monetary exaction other than a tax or special assessment, whether established for a broad class of projects by legislation of general applicability or imposed on a specific project on an ad hoc basis, that is charged by a local agency to the applicant in connection with approval of a development project for the purpose of defraying all or a portion of the cost of public facilities related to the development project, but does not include fees specified in Section 66477, fees for processing applications for governmental regulatory actions or approvals, fees collected pursuant to development agreements adopted pursuant to Article 2.5 (commencing with Section 65864) of Chapter 4, or fees collected pursuant to agreements with redevelopment agencies that provide for the redevelopment of property in furtherance or for the benefit of a redevelopment project for which a redevelopment plan has been adopted pursuant to the Community Redevelopment Law (Part 1 (commencing with Section 33000) of Division 24 of the Health and Safety Code).
(c)Local agency means a county, city, whether general law or chartered, city and county, school district, special district, authority, agency, any other municipal public corporation or district, or other political subdivision of the state.
(d)Public facilities includes public improvements, public services, and community amenities.