BILL ANALYSIS Ó
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|SENATE RULES COMMITTEE | AB 1191|
|Office of Senate Floor Analyses | |
|(916) 651-1520 Fax: (916) | |
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THIRD READING
Bill No: AB 1191
Author: Nazarian (D)
Amended: 6/24/15 in Senate
Vote: 21
SENATE GOVERNANCE & FIN. COMMITTEE: 7-0, 7/1/15
AYES: Hertzberg, Nguyen, Beall, Hernandez, Lara, Moorlach,
Pavley
ASSEMBLY FLOOR: 74-0, 5/22/15 - See last page for vote
SUBJECT: Quimby Act: fees
SOURCE: Author
DIGEST: This bill allows the City of Los Angeles to spend
proceeds from accrued interest on fee revenues collected
pursuant to the Quimby Act for specified purposes.
ANALYSIS:
Existing law:
1)Sets out four criteria, pursuant to the Mitigation Fee Act (AB
1600, Cortese, 1987), that local officials must meet when
charging developer impact fees:
a) Identify the fee's purpose.
b) Identify the fee's use.
c) Determine a reasonable relationship between the use of
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the fee and the type of development project.
d) Determine a reasonable relationship between the need for
public facilities and the type of development project.
2)Controls, pursuant to the Subdivision Map Act, how counties
and cities review and approve property owners' requests to
convert larger parcels into smaller lots. Local officials
commonly attach scores of conditions when they approve
tentative subdivision maps. Mainstream legal thinking holds
that counties and cities have three sources of authority to
impose conditions on proposed subdivisions:
a) Conditions to make the subdivision consistent with the
local general plan.
b) Conditions to mitigate a subdivision's environmental
impacts.
c) Conditions that the Map Act specifically authorizes.
3)Allows, pursuant to the Quimby Act, counties and cities to
require subdividers to dedicate land, or pay in-lieu fees for
parks as a condition of approving a new subdivision.
4)Requires that, to impose Quimby Act fees, a county or city
must have a general plan or a specific plan that contains
policies and standards for park facilities. Quimby Act fees
must "bear a reasonable relationship" to the proposed
subdivision. Counties and cities can use the Quimby Act fees
only for developing new parks or rehabilitating parks that
serve that subdivision.
5)Allows, as an exemption, a county or city to use Quimby Act
fees to be used for the purpose of developing new or
rehabilitating existing park, or recreational facilities in a
neighborhood other than the neighborhood in which the
subdivision for which fees were paid if specified requirements
are met (AB 1359, Hernández, Chapter 412, Statutes of 2013).
6)Requires that fees collected by local governments pursuant to
the Quimby Act must be committed within five years after the
payment of the fees, or the issuance of building permits on
one-half of the lots created by the subdivision, whichever
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occurs later. If the fees are not committed, they, without
any deductions, must be distributed and paid to the then
record owners of the subdivision in the same proportion that
the size of their lot bears to the total area of all lots
within the subdivision.
This bill:
1)Allows a city with a population of at least three million to
commit interest accrued on or before January 1, 2016, on fees
charged pursuant to the Quimby Act, without regard to the date
the fee was collected or the date of issuance of building
permits on one-half of the lots created by the subdivision,
outside the subdivision for which the fees were collected if
the city:
a) Holds a public hearing before committing the interest,
and
b) Uses the interest to develop new, or rehabilitate
existing, neighborhood or community parks or recreational
facilities within the city.
2)Directs that the authority for a city to commit interest on
Quimby Act fees subject to the conditions described above will
remain in effect only until January 1, 2021, on which date
that authority will be automatically repealed.
3)Specifies that, with regard to the expenditure of Quimby Act
fees, the term "fee" includes any interest income generated
from a fee charged and collected pursuant to the Quimby Act.
4)States that its provisions do not constitute a change in, but
are declaratory of, existing law and that any locally adopted
ordinance or regulation that is consistent with this bill's
provisions is valid.
Background
For many years, the City of Los Angeles accounted for interest
income generated by Quimby Act fees in a manner that now
prevents the City from connecting specific amounts of interest
income with fees paid for any particular subdivision at any
particular time. Because the language in the Quimby Act does
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not specifically address the use of interest income generated
from fees, city officials worry that their authority to spend
that interest income for park projects is, at best, ambiguous.
They want the Legislature to clarify the statutory authority to
spend interest income from Quimby Act fees and allow the City of
Los Angeles to spend interest proceeds accrued until January 1,
2016, for specified park projects.
FISCAL EFFECT: Appropriation: No Fiscal
Com.:NoLocal: No
SUPPORT: (Verified7/2/15)
City of Los Angeles
OPPOSITION: (Verified7/2/15)
None received
ASSEMBLY FLOOR: 74-0, 5/22/15
AYES: Achadjian, Travis Allen, Baker, Bigelow, Bloom, Bonilla,
Bonta, Brough, Brown, Burke, Calderon, Campos, Chang, Chau,
Chávez, Chiu, 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, Irwin, Jones,
Jones-Sawyer, Kim, Lackey, Levine, Linder, Lopez, Low,
Maienschein, Mathis, Mayes, McCarty, Medina, Melendez, Mullin,
Nazarian, Obernolte, Patterson, Perea, Quirk, Rendon,
Ridley-Thomas, Rodriguez, Salas, Santiago, Steinorth, Mark
Stone, Thurmond, Ting, Wagner, Wilk, Williams, Wood, Atkins
NO VOTE RECORDED: Alejo, Chu, O'Donnell, Olsen, Waldron, Weber
Prepared by:Brian Weinberger / GOV. & F. / (916) 651-4119
7/2/15 11:39:13
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