BILL NUMBER: AB 1801	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Campos

                        FEBRUARY 21, 2012

   An act to amend Section 66014 of the Government Code, relating to
land use.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 1801, as introduced, Campos. Land use: fees.
   Existing law requires fees charged by a local agency for specified
purposes to not exceed the estimated reasonable cost of providing
the service for which the fee is charged, unless a question regarding
the amount of the fee charged in excess of this cost is submitted
to, and approved by, 2/3 of the electors.
   This bill would prohibit a local agency from charging a fee for
permit for a renewable energy system, as defined, that exceeds the
actual cost of issuing the permit.
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


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

  SECTION 1.  Section 66014 of the Government Code is amended to
read:
   66014.  (a)  (1)    Notwithstanding any other
 provision of  law, when a local agency charges fees
for zoning variances; zoning changes; use permits; building
inspections; building permits; filing and processing applications and
petitions filed with the local agency formation commission or
conducting preliminary proceedings or proceedings under the
Cortese-Knox-Hertzberg Local Government Reorganization Act of 2000,
Division 3 (commencing with Section 56000) of Title 5; the processing
of maps under  the provisions of  the Subdivision
Map Act, Division 2 (commencing with Section 66410) of Title 7; or
planning services under the authority of Chapter 3 (commencing with
Section 65100) of Division 1 of Title 7 or under any other authority;
those fees  may   shall  not exceed the
estimated reasonable cost of providing the service for which the fee
is charged, unless a question regarding the amount of the fee charged
in excess of the estimated reasonable cost of providing the services
or materials is submitted to, and approved by, a popular vote of
two-thirds of those electors voting on the issue. 
   (2) (A) Notwithstanding paragraph (1), a local agency shall not
charge a fee for a renewable energy system permit that exceeds the
actual cost of issuing the permit.  
   (B) "Renewable energy" means either of the following:  
   (i) A device or technology that conserves or produces heat,
processes heat, space heating, water heating, steam, space cooling,
refrigeration, mechanical energy, electricity, or energy in any form
convertible to these uses, that does not expend or use conventional
energy fuels (oil, gasoline, or natural gas), and that uses biomass,
solar thermal, photovoltaic, wind, or geothermal electrical
generation technologies.  
   (ii) Ultralow-emission equipment for energy generation based on
thermal energy systems such as natural gas turbines and fuel cells.

   (b) The fees charged pursuant to subdivision (a) may include the
costs reasonably necessary to prepare and revise the plans and
policies that a local agency is required to adopt before it can make
any necessary findings and determinations.
   (c)  Any judicial action or proceeding to attack, review, set
aside, void, or annul the ordinance, resolution, or motion
authorizing the charge of a fee subject to this section shall be
brought pursuant to Section 66022.