AB 516 — Mitigation Fee Act: fees for improvements: reports and audits.

Summary

Existing law, the Mitigation Fee Act, imposes certain requirements on a local agency that imposes a fee as a condition of approval of a development project that is imposed to provide for an improvement to be constructed to serve the development project, or a fee for public improvements, as specified. In this regard, the Mitigation Fee Act requires the local agency to deposit the fee in a separate capital facilities account or fund, and to make certain information about the account or fund public annually, as specified. The Mitigation Fee Act requires that information to include an identification of an approximate date by which the construction of the public improvement will commence if the local agency determines that sufficient funds have been collected to complete financing on an incomplete public improvement, as specified. The Mitigation Fee Act also requires that information to include the amount of refunds made to the owners of the lots or units of the development project, as specified. This bill would require the report to include an identification of each public improvement identified in a previous report, whether construction began on the approximate date noted in the previous report, the reason for the delay, if any, and a revised approximate date that the local agency will commence construction, if applicable. The bill would also require the report to include the number of persons or entities identified to receive refunds. The Mitigation Fee Act authorizes a person to request an audit to determine whether a fee or charge levied by a local agency exceeds the amount reasonably necessary to cover the cost of a product, public facility, as defined, or service provided by the local agency. Existing law prohibits a local agency from imposing water or sewer connection fees or capacity charges that exceed the estimated reasonable cost of providing the service for which the fee or charge is imposed, unless voter approval is obtained, as specified. This bill, except with respect to the above-described connection fees and capacity charges, would expand the purposes of the audit to include a determination of when the revenue generated by a fee or charge is scheduled to be expended and when the public improvement is scheduled to be completed. The bill would require a local agency to inform a person paying a fee imposed as a condition of approval of a development project, as described above, of their right to request the audit described above and their right to file a written request for mailed notice of the local agency's meeting to review the fee account or fund information made public, as described above. The bill would also require the local agency to provide the person with a link to the page on the local agency's website where the fee account or fund information made public, as described above, is available for review. By imposing new duties on local agencies, the bill would impose a state-mandated local program. 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 10/11/23 - Chaptered Current pdf October 11, 2023
• Enrolled 09/11/23 - Enrolled pdf September 11, 2023
• Amended 07/10/23 - Amended Senate pdf July 10, 2023
• Amended 07/05/23 - Amended Senate pdf July 05, 2023
• Amended 06/15/23 - Amended Senate pdf June 15, 2023
• Amended 04/05/23 - Amended Assembly pdf April 05, 2023
• Introduced 02/07/23 - Introduced pdf February 07, 2023
• AB516 View text html

Action History

1. October 11, 2023

   Chaptered by Secretary of State - Chapter 741, Statutes of 2023.

2. October 11, 2023

   Approved by the Governor.

3. September 13, 2023

   Enrolled and presented to the Governor at 3 p.m.

4. September 07, 2023

   Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 79. Noes 0. Page 3019.).

5. September 05, 2023

   In Assembly. Concurrence in Senate amendments pending. May be considered on or after September 7 pursuant to Assembly Rule 77.

6. September 05, 2023

   Read third time. Passed. Ordered to the Assembly. (Ayes 39. Noes 0. Page 2368.).

7. July 12, 2023

   Read second time. Ordered to third reading.

8. July 11, 2023

   From committee: Be ordered to second reading pursuant to Senate Rule 28.8.

9. July 10, 2023

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

10. July 05, 2023

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

11. June 29, 2023

    In committee: Hearing postponed by committee.

12. June 22, 2023

    In committee: Hearing postponed by committee.

13. June 15, 2023

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

14. June 14, 2023

    From committee: Amend, and do pass as amended and re-refer to Com. on APPR. (Ayes 8. Noes 0.) (June 14).

15. June 07, 2023

    Referred to Com. on GOV. & F.

16. May 26, 2023

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

17. May 25, 2023

    Read third time. Passed. Ordered to the Senate. (Ayes 76. Noes 0. Page 1811.)

18. May 18, 2023

    Read second time. Ordered to Consent Calendar.

19. May 17, 2023

    From committee: Do pass. To Consent Calendar. (Ayes 15. Noes 0.) (May 17).

20. April 27, 2023

    From committee: Do pass and re-refer to Com. on APPR. with recommendation: To Consent Calendar. (Ayes 8. Noes 0.) (April 26). Re-referred to Com. on APPR.

21. April 20, 2023

    From committee: Do pass and re-refer to Com. on H. & C.D. (Ayes 8. Noes 0.) (April 19). Re-referred to Com. on H. & C.D.

22. April 06, 2023

    Re-referred to Com. on L. GOV.

23. April 05, 2023

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

24. February 17, 2023

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

25. February 08, 2023

    From printer. May be heard in committee March 10.

26. February 07, 2023

    Read first time. To print.

Sponsors

• James C. Ramos · Primary

Votes

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