AB 602 — Development fees: impact fee nexus study.

Summary

(1) 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 fee's 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 local agency 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, an impact fee nexus study be adopted, (2) that the study identify the existing level of service for each public facility, identify the proposed new level of service, and include an explanation of why the new level of service is necessary, and (3) if the study is adopted after July 1, 2022, either calculate a fee levied or imposed on a housing development project proportionately to the square footage of the proposed units, or make specified findings explaining why square footage is not an appropriate metric to calculate the fees. This bill would require that a local agency that calculates fees proportionately to the square footage of the proposed units be deemed to have used a valid method to establish a reasonable relationship between the fee charged and the burden posed by the development. The bill would declare that its provisions shall not be construed to relieve a local agency from the requirements of the Mitigation Fee Act, the California Constitution, or applicable case law when calculating the amount of a fee. This 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. The bill would require a city or county to request the total amount of fees and exactions associated with a project upon the issuance of a certificate of occupancy or the final inspection, whichever occurs last, and to post this information on its internet website, as specified. 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. (2) 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. (3) The Mitigation Fee Act requires notice of the time and place of a meeting regarding any fee, that includes a general explanation of the matter to be considered, be mailed at least 14 days before the first meeting to an interested party who files a written request with the city or county for mailed notice of a meeting on a new or increased fee. This bill would authorize any member of the public, including an applicant for a development project, to submit evidence that the city, county, or other local agency has failed to comply with the Mitigation Fee Act. The bill would require the legislative body of the city, county, or other local agency to consider any timely submitted evidence and authorize the legislative body to change or adjust the proposed fee or fee increase, as specified. (4) 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.

Bill Text

• Chaptered 09/28/21 - Chaptered Current pdf September 28, 2021
• Enrolled 09/10/21 - Enrolled pdf September 10, 2021
• Amended 08/26/21 - Amended Senate pdf August 26, 2021
• Amended 07/05/21 - Amended Senate pdf July 05, 2021
• Amended 05/04/21 - Amended Assembly pdf May 04, 2021
• Amended 04/19/21 - Amended Assembly pdf April 19, 2021
• Amended 04/06/21 - Amended Assembly pdf April 06, 2021
• Amended 03/18/21 - Amended Assembly pdf March 18, 2021
• Introduced 02/11/21 - Introduced pdf February 11, 2021
• AB602 View text html

Action History

1. September 28, 2021

   Chaptered by Secretary of State - Chapter 347, Statutes of 2021.

2. September 28, 2021

   Approved by the Governor.

3. September 15, 2021

   Enrolled and presented to the Governor at 5 p.m.

4. September 08, 2021

   Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 78. Noes 0. Page 2905.).

5. September 08, 2021

   Assembly Rule 77 suspended. (Ayes 59. Noes 17. Page 2875.)

6. September 07, 2021

   In Assembly. Concurrence in Senate amendments pending. May be considered on or after September 9 pursuant to Assembly Rule 77.

7. September 07, 2021

   Read third time. Passed. Ordered to the Assembly. (Ayes 37. Noes 0. Page 2457.).

8. August 30, 2021

   Read second time. Ordered to third reading.

9. August 26, 2021

   Read second time and amended. Ordered returned to second reading.

10. August 26, 2021

    From committee: Amend, and do pass as amended. (Ayes 7. Noes 0.) (August 26).

11. August 16, 2021

    In committee: Referred to suspense file.

12. July 08, 2021

    From committee: Do pass and re-refer to Com. on APPR. (Ayes 9. Noes 0.) (July 8). Re-referred to Com. on APPR.

13. July 05, 2021

    Read second time and amended. Re-referred to Com. on HOUSING.

14. July 01, 2021

    From committee: Amend, and do pass as amended and re-refer to Com. on HOUSING. (Ayes 5. Noes 0.) (July 1).

15. June 17, 2021

    In committee: Hearing postponed by committee.

16. June 09, 2021

    Referred to Coms. on GOV. & F. and HOUSING.

17. May 28, 2021

    In Senate. Read first time. To Com. on RLS. for assignment.

18. May 27, 2021

    Read third time. Passed. Ordered to the Senate. (Ayes 76. Noes 0. Page 1607.)

19. May 24, 2021

    Read second time. Ordered to third reading.

20. May 20, 2021

    From committee: Do pass. (Ayes 16. Noes 0.) (May 20).

21. May 12, 2021

    In committee: Set, first hearing. Referred to APPR. suspense file.

22. May 05, 2021

    Re-referred to Com. on APPR.

23. May 04, 2021

    Read second time and amended.

24. May 03, 2021

    From committee: Amend, and do pass as amended and re-refer to Com. on APPR. (Ayes 7. Noes 0.) (April 29).

25. April 20, 2021

    Re-referred to Com. on H. & C.D.

26. April 19, 2021

    Read second time and amended.

27. April 15, 2021

    From committee: Amend, and do pass as amended and re-refer to Com. on H. & C.D. (Ayes 8. Noes 0.) (April 14).

28. April 07, 2021

    Re-referred to Com. on L. GOV.

29. April 06, 2021

    From committee chair, with author's amendments: Amend, and re-refer to Com. on L. GOV. Read second time and amended.

30. March 22, 2021

    Re-referred to Com. on L. GOV.

31. March 18, 2021

    From committee chair, with author's amendments: Amend, and re-refer to Com. on L. GOV. Read second time and amended.

32. March 18, 2021

    Referred to Coms. on L. GOV. and H. & C.D.

33. February 12, 2021

    From printer. May be heard in committee March 14.

34. February 11, 2021

    Read first time. To print.

Sponsors

• Timothy S. Grayson · Primary
• Chiu · Cosponsor
• Jesse Gabriel · Cosponsor

Votes

Subjects