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 otherprovision oflaw, 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 underthe provisions ofthe 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 feesmayshall 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.