BILL ANALYSIS Ó
AB 715
Page 1
CONCURRENCE IN SENATE AMENDMENTS
AB
715 (Daly)
As Amended June 23, 2015
Majority vote
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|ASSEMBLY: |72-3 |(May 22, 2015) |SENATE: |38-0 |(June 25, 2015) |
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Original Committee Reference: ED.
SUMMARY: Specifies that for the purpose of calculating
developer fees levied by school districts for the construction
or reconstruction of school facilities, a walkway that is not
considered "assessable space" can be covered or uncovered.
The Senate amendments delete the provision specifying that a
detached accessory structure includes a detached bike storage
locker.
FISCAL EFFECT: None. This bill is keyed non-fiscal by the
Legislative Counsel.
COMMENTS: Background. Prior to the enactment of SB 50
(Greene), Chapter 407, Statutes of 1998, which established the
School Facility Program (SFP), developers were assessed a
mitigation fee of $1.50 per square foot of livable space for
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each newly constructed house. This fee provided a share of the
funds needed for the construction of schools to accommodate new
pupils expected to be served as a result of the new development.
In addition to this fee, local governments also had the
authority, confirmed by the courts through litigation popularly
known as the Mira, Hart and Murrieta line of cases, to require
developers to pay for additional school-related expenses as
identified in local environmental impact reports.
SB 50 established the current School Facility Program and
changed the method for determining the share of school
construction costs that developers would pay, which provided
consistency in the amount of fees developers pay to build
schools to accommodate new developments. SB 50 suspended the
threat of lawsuits and the ability of local governments to deny
new developments on the basis of inadequate schools.
SB 50 established three levels of fees. Level I is the
mitigation fee based on the square footage of a residential or
commercial structure. SB 50 increased the pre-SB 50 fee from
$1.50 to $1.93 per square foot with an inflation adjustment
every two years according to the class B construction index as
determined by the State Allocation Board, the body that
allocates state bond funds and oversees the administration of
the SFP, at its January meeting. The fee 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. Levels II and
III are based on availability of state bond funds. The
developer fee amounts are based on the state grant levels for
Level II and twice the state grant levels for Level III.
Assessable space. SB 50 defined "assessable space" for
residential construction as all of the square footage within the
perimeter of a residential structure. SB 50 excluded any
carport, walkway, garage, overhang, patio, enclosed patio,
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detached accessory structure, or similar area. Current law
specifies what is "assessable," not what is "livable" versus
"nonliveable." Current law does not specify what is assessable
as the perimeter within an "apartment unit" but the perimeter of
a "residential structure."
What does this bill do? This bill, sponsored by the California
Apartment Association, makes changes to the areas that are
excluded in the calculation of the fees by specifying that a
walkway can be covered or uncovered.
"Assessable space" is determined by a city or county building
department and the fee must be determined and paid to a school
district before a building permit is issued. According to the
author's office, the intent of the bill is not to expand
excluded areas, but to provide some level of clarification and
consistency. Because the law is not specific, building
departments throughout the state have different interpretations
of what is assessable.
Walkways. Current law specifies that what is assessable
includes the area "within" the perimeter of a residential
building. It is up to city or county building departments to
determine which areas "within" the perimeters are counted,
commonly in accordance with California building standards
practices. While walkways outside an exterior wall or a door
are not counted, a hallway or walkway inside a residential
structure is counted. According to the author, this bill is
intended to clarify that walkways may be covered or uncovered
and is not intended to affect hallways inside the perimeter of a
residential building.
Financing school facilities. SB 50 not only standardized the
amount and levels of developer fees, this bill also established
a funding program that relies on a partnership between the
state, through state bond funds; local communities, through
local bond funds; and developers, through developer fees. The
last statewide bond was passed in November 2006. Funds for the
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construction of new schools and the modernization of existing
facilities were exhausted in 2012. The Governor, in his 2015-16
Budget, proposes to decrease the level of state funding
substantially and increase local contributions by adjusting the
tax rates for local bonds and modifying developer fees by
consolidating the three levels into one fee at a level between
Level II and Level III, subject to local negotiation. School
districts express a concern that with the lack of state bond
funds, now is not the time to adjust the fees.
Analysis Prepared by:
Sophia Kwong Kim / ED. / (916) 319-2087 FN:
0001086