BILL NUMBER: AB 2048	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Torlakson

                        FEBRUARY 17, 2010

   An act to amend Sections 17620 and 17621 of the Education Code,
relating to school facilities.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2048, as introduced, Torlakson. School facilities.
   (1) Existing law authorizes the governing board of any school
district to levy a fee, charge, dedication, or other requirement
against any construction within the boundaries of the district, for
the purpose of funding the construction or reconstruction of school
facilities, as specified. Existing law authorizes the appropriate
city or county, pursuant to a contractual agreement with the
governing board, to administer these provisions, as specified, on
behalf of the school district.
   This bill would additionally authorize agencies to administer
these provisions on behalf of a school district.
   (2) Existing law requires any resolution adopting or increasing a
fee, charge, dedication, or other requirement, for application to
residential, commercial, or industrial development, to be enacted in
accordance with specified provisions of law. Existing law requires a
school district, upon adopting or increasing a fee, charge,
dedication, or other requirement pursuant to these provisions, to
transmit a copy of the resolution to each city and each county in
which the district is situated, accompanied by relevant supporting
documentation.
   This bill would require a school district to transmit these
documents to a city, county, or agency that the school district has
authorized to collect a fee on its behalf, thereby imposing a
state-mandated local program.
   (3) 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, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 17620 of the Education Code is amended to read:

   17620.  (a) (1) The governing board of any school district is
authorized to levy a fee, charge, dedication, or other requirement
against any construction within the boundaries of the district, for
the purpose of funding the construction or reconstruction of school
facilities, subject to any limitations set forth in Chapter 4.9
(commencing with Section 65995) of Division 1 of Title 7 of the
Government Code. This fee, charge, dedication, or other requirement
may be applied to construction only as follows:
   (A) To new commercial and industrial construction. The chargeable
covered and enclosed space of commercial or industrial construction
shall not be deemed to include the square footage of any structure
existing on the site of that construction as of the date the first
building permit is issued for any portion of that construction.
   (B) To new residential construction.
   (C) (i) Except as otherwise provided in clause (ii), to other
residential construction, only if the resulting increase in
assessable space exceeds 500 square feet. The calculation of the
"resulting increase in assessable space" for this purpose shall
reflect any decrease in assessable space in the same residential
structure that also results from that construction. Where authorized
under this paragraph, the fee, charge, dedication, or other
requirement is applicable to the total resulting increase in
assessable space.
   (ii) This subparagraph does not authorize the imposition of a
levy, charge, dedication, or other requirement against residential
construction, regardless of the resulting increase in assessable
space, if that construction qualifies for the exclusion set forth in
subdivision (a) of Section 74.3 of the Revenue and Taxation Code.
   (D) To location, installation, or occupancy of manufactured homes
and mobilehomes, as defined in Section 17625.
   (2) For purposes of this section, "construction" and "assessable
space" have the same meaning as defined in Section 65995 of the
Government Code.
   (3) For purposes of this section and Section 65995  of the
Government Code  , "construction or reconstruction of school
facilities" does not include any item of expenditure for any of the
following:
   (A) The regular maintenance or routine repair of school buildings
and facilities.
   (B) The inspection, sampling, analysis, encapsulation, or removal
of asbestos-containing materials, except where incidental to school
facilities construction or reconstruction for which the expenditure
of fees or other consideration collected pursuant to this section is
not prohibited.
   (C) The purposes of deferred maintenance described in Section
17582.
   (4) The appropriate city  or   ,  county
 , or agency  may be authorized, pursuant to contractual
agreement with the governing board, to collect and otherwise
administer, on behalf of the school district, any fee, charge,
dedication, or other requirement levied under this subdivision. In
the event of any agreement authorizing a city  or 
 ,  county  , or agency  to collect that fee,
charge, dedication, or other requirement in any area within the
school district, the certification requirement set forth in
subdivision (b) or (c), as appropriate, is deemed to be complied with
as to any residential construction within that area upon receipt by
that city  or   ,  county  , or agency
 of payment of the fee, charge, dedication, or other requirement
imposed on that residential construction.
   (5) Fees or other consideration collected pursuant to this section
may be expended by a school district for the costs of performing any
study or otherwise making the findings and determinations required
under subdivisions (a), (b), and (d) of Section 66001 of the
Government Code, or in preparing the school facilities needs analysis
described in Section 65995.6 of the Government Code. In addition, an
amount not to exceed, in any fiscal year, 3 percent of the fees
collected in that fiscal year pursuant to this section may be
retained by the school district, city,  or  county,
 or agency  as appropriate, for reimbursement of the
administrative costs incurred by that entity in collecting the fees.
When any city  or   ,  county  , or
agency  is entitled, under an agreement as described in
paragraph (4), to compensation in excess of that amount, the payment
of that excess compensation shall be made from other revenue sources
available to the school district. For purposes of this paragraph,
"fees collected in that fiscal year pursuant to this section" does
not include any amount in addition to the amounts specified in
paragraphs (1) and (2) of subdivision (b) of Section 65995 of the
Government Code.
   (b) A city or county, whether general law or chartered, 
may   or agency shall  not issue a building permit
for any construction absent certification by the appropriate school
district that any fee, charge, dedication, or other requirement
levied by the governing board of that school district has been
complied with, or of the district's determination that the fee,
charge, dedication, or other requirement does not apply to the
construction. The school district shall issue the certification
immediately upon compliance with the fee, charge, dedication, or
other requirement.
   (c) If, pursuant to subdivision (c) of Section 17621, the
governing board specifies that the fee, charge, dedication, or other
requirement levied under subdivision (a) is subject to the
restriction set forth in subdivision (a) of Section 66007 of the
Government Code, the restriction set forth in subdivision (b) of this
section does not apply. In that event, however, a city or county,
whether general law or chartered,  may   or
agency shall  not conduct a final inspection or issue a
certificate of occupancy, whichever is later, for any residential
construction absent certification by the appropriate school district
of compliance by that residential construction with any fee, charge,
dedication, or other requirement levied by the governing board of
that school district pursuant to subdivision (a).
   (d) Neither subdivision (b) nor (c) shall apply to a city 
or  ,  county  , or agency  as to any
fee, charge, dedication, or other requirement as described in
subdivision (a), or as to any increase in that fee, charge,
dedication, or other requirement, except upon the receipt by that
city  or   ,  county  , or agency 
of notification of the adoption of, or increase in, the fee or other
requirement in accordance with subdivision (c) of Section 17621.
  SEC. 2.  Section 17621 of the Education Code is amended to read:
   17621.  (a) Any resolution adopting or increasing a fee, charge,
dedication, or other requirement pursuant to Section 17620, for
application to residential, commercial, or industrial development,
shall be enacted in accordance with Chapter 5 (commencing with
Section 66000) of Division 1 of Title 7 of the Government Code. The
adoption, increase, or imposition of any fee, charge, dedication, or
other requirement pursuant to Section 17620 shall not be subject to
the California Environmental Quality Act, Division 13 (commencing
with Section 21000) of the Public Resources Code. The adoption of, or
increase in, the fee, charge, dedication, or other requirement shall
be effective no sooner than 60 days following the final action on
that adoption or increase, except as specified in subdivision (b).
   (b) Without following the procedure otherwise required for
adopting or increasing a fee, charge, dedication, or other
requirement, the governing board of a school district may adopt an
urgency measure as an interim authorization for a fee, charge,
dedication, or other requirement, or increase in a fee, charge,
dedication, or other requirement, where necessary to respond to a
current and immediate threat to the public health, welfare, or
safety. The interim authorization shall require a four-fifths vote of
the governing board for adoption, and shall contain findings
describing the current and immediate threat to the public health,
welfare, or safety. The interim authorization shall have no force or
effect on and after a date 30 days after its adoption. After notice
and hearing in accordance with subdivision (a), the governing board,
upon a four-fifths vote of the board, may extend the interim
authority for an additional 30 days. Not more than two extensions may
be granted.
   (c) Upon adopting or increasing a fee, charge, dedication, or
other requirement pursuant to subdivision (a) or (b), the school
district shall transmit a copy of the resolution to each city and
each county in which the district is situated, accompanied by all
relevant supporting documentation and a map clearly indicating the
boundaries of the area subject to the fee, charge, dedication, or
other requirement.  The school district also shall transmit the
documents required by this subdivision to a city, county, or agency
that the school district has authorized to collect a fee pursuant to
paragraph (4) of subdivision (a) of Section 17620.  The school
district governing board shall specify, pursuant to that
notification, whether or not the collection of the fee or other
charge is subject to the restriction set forth in subdivision (a) of
Section 66007 of the Government Code.
   (d) Any party on whom a fee, charge, dedication, or other
requirement has been directly imposed pursuant to Section 17620 may
protest the establishment or imposition of that fee, charge,
dedication, or other requirement in accordance with Section 66020 of
the Government Code, except that the procedures set forth in Section
66021 of the Government Code are deemed to apply, for this purpose,
to commercial and industrial development, as well as to residential
development.
   (e) In the case of any commercial or industrial development, the
following procedures shall also apply:
   (1) The school district governing board shall, in the course of
making the findings required under subdivisions (a) and (b) of
Section 66001 of the Government Code, do all of the following:
   (A) Make the findings on either an individual project basis or on
the basis of categories of commercial or industrial development.
Those categories may include, but are not limited to, the following
uses: office, retail, transportation, communications and utilities,
light industrial, heavy industrial, research and development, and
warehouse.
   (B) Conduct a study to determine the impact of the increased
number of employees anticipated to result from the commercial or
industrial development upon the cost of providing school facilities
within the district. For the purpose of making that determination,
the study shall utilize employee generation estimates that are
calculated on either an individual project or categorical basis, in
accordance with subparagraph (A). Those employee generation estimates
shall be based upon commercial and industrial factors within the
district or upon, in whole or in part, the applicable employee
generation estimates set forth in the January 1990 edition of "San
Diego Traffic Generators," a report of the San Diego Association of
Governments.
   (C) The governing board shall take into account the results of
that study in making the findings described in this subdivision.
   (2) In addition to any other requirement imposed by law, in the
case of any development project against which a fee, charge,
dedication, or other requirement is to be imposed  pursuant
to Section 53080  on the basis of a category of commercial
or industrial development, as described in paragraph (1), the
governing board shall provide a process that permits the party
against whom the fee, charge, dedication, or other requirement is to
be imposed the opportunity for a hearing to appeal that imposition.
The grounds for that appeal include, but are not limited to, the
inaccuracy of including the project within the category pursuant to
which the fee, charge, dedication, or other requirement is to be
imposed, or that the employee generation or pupil generation factors
utilized under the applicable category are inaccurate as applied to
the project. The party appealing the imposition of the fee, charge,
dedication, or other requirement shall bear the burden of
establishing that the fee, charge, dedication, or other requirement
is improper.
  SEC. 3.  If the Commission on State Mandates determines that this
act contains costs mandated by the state, reimbursement to local
agencies and school districts for those costs shall be made pursuant
to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of
the Government Code.