Today's Law As Amended

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AB-1579 College and university student housing: impact mitigation fees.(2019-2020)



SECTION 1.
 The Legislature finds and declares the following:
(a) California’s colleges and universities suffer from an acute shortage of student housing facilities.
(b) Today’s modern college and university student housing facilities contain units consisting of two or more bedrooms, each with its own bathroom, a common area, and frequently contain cooking facilities.
(c) These college or university student housing facilities rent bedrooms to students on an annual basis.
(d) These facilities do not traditionally house children who attend kindergarten through high school.
(e) Some school districts have recently treated these college and university student housing facilities as if they were typical apartment buildings that generate students who may attend the district’s schools and have levied the school impact mitigation fees authorized by Section 17620 of the Education Code on these facilities at the residential rate applicable to multifamily buildings.
(f) It is the intent of the Legislature to prohibit the imposition of school impact mitigation fees on college and university student housing facilities.
(g) It is the further intent of the Legislature to ensure that school districts are protected against the costs that they may incur if a student attending any of a district’s schools ever resides in a unit in a college or university student housing facility.

SEC. 2.

 Section 65995.3 is added to the Government Code, to read:

65995.3.
 (a) Notwithstanding any other law, including any provisions of this chapter and Section 17620 of the Education Code, a school district shall not levy a fee, charge, dedication, or other requirement against the construction or operation of a college or university student housing facility except as provided in this section.
(b) If any unit in a college or university student housing facility is occupied by a student who attends a school of a school district that imposed a school impact mitigation fee, the owner of the facility shall pay the school impact mitigation fee to that school district for the unit at the residential rate in effect when the school district student first resides in the unit. A school impact mitigation fee shall not thereafter be imposed on that unit.
(c) (1) The developer of a college or university housing facility shall record a covenant in favor of the school district or districts in which the facility is located before receiving a building permit for the facility.
(2) The covenant shall require the owner to provide an annual report to the school district or districts, signed under penalty of perjury, by January 31 of each calendar year, that provides the following information:
(A) The number of school district students residing in any unit of the facility during the proceeding calendar year and the number of units housing those students.
(B) Identification of each unit housing school district students.
(C) The square footage of assessable space of each unit identified, as defined in paragraph (1) of subdivision (b) of Section 65995.
(3) The covenant shall require the owner of the college or university housing facility to pay the school impact mitigation fee under Section 17620 of the Education Code at the residential rate in effect at the time a school district student first resides in a unit.
(d) The developer of a college or university student housing facility shall notify the appropriate school districts of the developer’s intent to construct and operate a college or university student housing facility at the time that the developer submits an application for a building permit to the applicable city or county. The appropriate school districts shall then immediately notify the applicable city or county that the facility will be used for a college or university student housing facility and that no school impact mitigation fee will be collected in connection with the building permit.
(e) (1) A college or university student housing facility may be converted to any other use subject to the approval of the city or county that issued the original building permit for the college or university student housing facility.
(2) Approval under paragraph (1) shall not become effective until the city or county has received certification from the appropriate school districts that the facility has paid all school impact mitigation fees at the rate applied by the district as of the date of the conversion, less the amount of any school impact mitigation fees paid on the part of the facility pursuant to subdivision (b).
(f) For purposes of this section:
(1) “College or university student housing facility” means a structure that will be used exclusively for undergraduate, graduate, or professional students enrolled full time at an institution of higher education accredited by the Western Association of Schools and Colleges or the Accrediting Commission for Community and Junior Colleges.
(2) “School impact mitigation fee” means a fee, charge, dedication, or other requirement authorized by Section 17620 of the Education Code
SEC. 3.
 No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because a local agency or school district has the authority to levy service charges, fees, or assessments sufficient to pay for the program or level of service mandated by this act, within the meaning of Section 17556 of the Government Code.