Today's Law As Amended


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AB-2428 Mitigation Fee Act: fees for improvements: timeline for expenditure.(2021-2022)



As Amends the Law Today


SECTION 1.

 Section 66008.1 is added to the Government Code, to read:

66008.1.
 (a) Notwithstanding any other law, a local agency that requires a qualified applicant to deposit fees for improvements into an escrow account as a condition for receiving a conditional use permit or equivalent development permit shall expend the fees within five years of the deposit. Any fees for improvements that are collected and that are not expended within this period shall be returned to the qualified applicant.
(b) For purposes of this section, both of the following definitions apply:
(1) “Fees for improvement” means any fee imposed to provide for an improvement to be constructed to serve a development project, or which is a fee for public improvements within the meaning of subdivision (b) of Section 66000, and that is imposed by the local agency as a condition of approving the development project.
(2) “Qualified applicant” means an applicant for a conditional use permit or equivalent development permit for a business and that employs 25 or fewer employees for that business at the time the fees are deposited into the escrow account.
SEC. 2.
 The Legislature finds and declares that the implementation of uniform and reasonable safeguards on the use of public improvement fees held in escrow is a matter of statewide concern and is not a municipal affair as that term is used in Section 5 of Article XI of the California Constitution. Therefore, Section 1 of this act adding Section 66008.1 to the Government Code applies to all cities, including charter cities.
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.