BILL ANALYSIS Ó
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|SENATE RULES COMMITTEE | AB 715|
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THIRD READING
Bill No: AB 715
Author: Daly (D)
Amended: 6/23/15 in Senate
Vote: 21
SENATE EDUCATION COMMITTEE: 8-0, 6/17/15
AYES: Liu, Runner, Block, Hancock, Leyva, Monning, Pan, Vidak
NO VOTE RECORDED: Mendoza
ASSEMBLY FLOOR: 72-3, 5/22/15 - See last page for vote
SUBJECT: Residential development: school facilities fees
SOURCE: Author
DIGEST: This bill clarifies, for the purpose of calculating
developer fees for determining school facilities fees on
residential construction, that "assessable space" excludes both
covered and uncovered walkways.
ANALYSIS:
Existing law:
1)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. (Education Code § 17620)
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2)Provides for the payment of fees, charges, dedications or
other requirements against a development project. (Government
Code § 65995 - 65998)
3)Authorizes a district to levy per square footage fees of $1.93
per square foot of assessable space for residential
construction and $0.31 for commercial or industrial
construction for chargeable covered and enclosed space, and
provides for an inflation adjustment of this amount every two
years, as determined by the State Allocation Board (SAB) at
its January meeting. In the case of residential
construction, "assessable space" is defined as all of the
square footage within the perimeter of a residential
structure, not including any carport, walkway, garage,
overhang, patio, enclosed patio, detached accessory structure,
or similar area. Existing law requires the building
department of the city or county issuing the building permit,
in accordance with the standard practice of that city or
county, to calculate the amount of the square footage within
the perimeter of a residential structure. (Government Code §
65995)
This bill clarifies that walkways are excluded from the
definition of "assessable space" whether they are covered or
uncovered, for purposes of calculating developer fees for
determining school facilities fees on residential construction.
Comments
1)Need for the bill. According to the author, advances in
apartment design and construction have created confusion for
local jurisdictions regarding what is considered "assessable
space." Many new apartment complexes feature covered walkways
for the comfort of tenants and to meet American with
Disabilities Act (ADA) requirements. According to the author,
this bill is intended to clarify existing law with regards to
assessable space and ensure that it is consistently applied
state-wide.
2)Developer fees. SB 50 (Green, Chapter 407, Statutes of 1998) in
addition to authorizing a $9.2 billion education bond and
revising the School Facility Construction program, revised
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developer fee procedures for school facility purposes. SB 50
authorized three different levels of developer fees to be
assessed under specified conditions:
a) Level 1 - A district is authorized to levy per square
footage fees of $1.93 per square foot for residential
construction and $0.31 for commercial or industrial
construction to be adjusted for inflation every two years.
This fee level is currently at $3.36 per square foot for
residential construction and $0.54 per square foot for
commercial/industrial construction, and is assessed if the
district conducts a Justification Study that establishes
the connection between the development coming into the
district and the assessment of fees to pay for the cost of
the facilities needed to house future students.
b) Level 2 - A district may levy Level 2 fees, which may not
exceed 50% of construction and site acquisition and
development costs. If it has conducted a needs analysis, as
specified, has SAB approval of eligibility for state
funding and meets two of four conditions related to the
passage of a local bond, debt capacity, and demonstrated
facilities needs.
c) Level 3 - A district is authorized to seek 100 percent of
school facilities costs if the state has exhausted state
school bond funds and the SAB is no longer approving
apportionments for new construction projects.
This bill clarifies the definition of "assessable space" for
purposes of calculating Level 1 developer fees.
3)Related Governor's proposal. Amid concerns about the complexity
and structure of the current program and the state's
increasing debt service obligations, the Governor has proposed
significant changes to the way school facilities are funded.
In order to allow districts to better meet their facilities
needs at the local level, the Governor's 2015-16 budget
proposed to:
a) Expand revenue generation tools at the local level by
expanding local funding capacity and increasing caps on
local bond indebtedness;
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b) Restructure developer fees to set one level for all
projects at a level between existing Level 2 and Level 3
fees subject to local negotiation; and
c) Expand allowable uses of Routine Restricted Maintenance
Funding to authorize the pooling of these funds over
multiple years for modernization and new construction
projects.
The Governor has also noted that he is prepared to engage with
the Legislature and education stakeholders to shape a future
state program that is focused on districts with the greatest
need, including communities with low property values and few
borrowing options, as well as overcrowded schools.
FISCAL EFFECT: Appropriation: No Fiscal
Com.:NoLocal: No
SUPPORT: (Verified6/24/15)
California Apartment Association
OPPOSITION: (Verified6/24/15)
None received
ASSEMBLY FLOOR: 72-3, 5/22/15
AYES: Achadjian, Travis Allen, Baker, Bigelow, Bloom, Bonilla,
Bonta, Brough, Brown, Burke, Calderon, Campos, Chang, Chau,
Chávez, Chiu, Chu, Cooley, Cooper, Dababneh, Dahle, Daly,
Dodd, Eggman, Frazier, Beth Gaines, Gallagher, Cristina
Garcia, Eduardo Garcia, Gatto, Gipson, Gomez, Gonzalez,
Gordon, Gray, Grove, Hadley, Harper, Roger Hernández, Holden,
Jones, Jones-Sawyer, Kim, Lackey, Linder, Lopez, Low,
Maienschein, Mathis, Mayes, McCarty, Medina, Melendez, Mullin,
Nazarian, Obernolte, Patterson, Perea, Quirk, Rendon,
Ridley-Thomas, Rodriguez, Salas, Santiago, Steinorth,
Thurmond, Ting, Wagner, Wilk, Williams, Wood, Atkins
NOES: Irwin, Levine, Mark Stone
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NO VOTE RECORDED: Alejo, O'Donnell, Olsen, Waldron, Weber
Prepared by:Kathleen Chavira / ED. / (916) 651-4105
6/24/15 17:30:20
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