BILL ANALYSIS
AB 2048
Page 1
Date of Hearing: April 21, 2010
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Felipe Fuentes, Chair
AB 2048 (Torlakson) - As Amended: March 24, 2010
Policy Committee: Education
Vote:8-0
Urgency: No State Mandated Local Program:
No Reimbursable: No
SUMMARY
This bill prohibits the Office of Statewide Health Planning and
Development (OSHPD) from issuing a building permit for any
construction absent certification from the appropriate school
district that the builder has complied with any fee, charge,
dedication, or other requirement levied by the governing board
of the district.
FISCAL EFFECT
No direct fiscal impact to OSHPD to comply with the requirements
of this measure.
COMMENTS
1)Purpose . SB 50 (Greene), Chapter 407, Statutes of 1998,
established the state school facilities program. This program
drastically altered how school facilities are constructed and
modernized in the state. Specifically, the program provides
state school construction bond funds to local education
agencies (LEAs) to construct school facilities. Chapter 407
established new per pupil construction and modernization
grants meant to provide 50% of the total cost of the facility
project; this is considered the state portion. The LEA is
required to provide the other 50% of the cost from local
revenue. Chapter 407 established a process for LEAs to assess
fees on developers as a source for this local revenue.
Existing law also prohibits a city or county from issuing a
building permit for any construction unless the appropriate
school district certifies that it has received any fees levied
on the developer.
AB 2048
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Current law does not allow school district governing boards to
assess developer fees on the following: (a) a facility used
exclusively for religious purposes, which is also exempt from
property taxes; (b) any facility used exclusively as a private
full-time day school; and (c) any facility that is owned and
occupied by one or more federal, state, or local agency.
OSHPD is a state agency that reviews and inspects health
facility construction projects. It is responsible for
enforcing the California Building Standards Code as it relates
to health facilities construction. Once OSHPD approves a
construction plan, it issues a building permit for the
project. According to the author, school districts have
experienced difficulty collecting developer fees from
non-public hospitals. The author further states, "Without
this enforcement school districts have no assurance that
commercial development fees imposed on hospitals will be
paid."
2)Existing law delineates the different developer fees that LEAs
are able to assess for the purposes of constructing school
facilities. The following table illustrates the three
different levels of fees that may be assessed.
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| | Existing Law |
|-------+-------------------------------------------------|
|Level |$2.97 per sq. ft. for residential construction. |
|I |$0.47 per sq. ft. for commercial/industrial |
| |construction. Assessed if the district conducts |
| |a justification study that establishes a |
| |connection between the development within the |
| |LEA's jurisdiction and assessment to pay for the |
| |cost of housing future students. |
|-------+-------------------------------------------------|
|Level |Basis for assessing fees: Based on a five-yr. |
|II |needs assessment of LEA capacity, projection of |
| |unhoused pupils resulting from new residential |
| |development. |
| | |
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| |Calculation of fees: Multiply the # of unhoused |
| |pupils by the new construction grant plus 50% of |
| |the cost of site acquisition. |
|-------+-------------------------------------------------|
|Level |LEAs may seek these fees when the State |
|III |Allocation Board is no longer approving |
| |construction apportionments These fees are |
| |double the Level II fees. |
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Analysis Prepared by : Kimberly Rodriguez / APPR. / (916)
319-2081