In California, State law sets certain legal and procedural parameters for the charging of development impact fees (“DIFs”). This legislation was initially passed as Assembly Bill (“AB”) 1600 by the California Legislature and is now, as amended from time to time, codified as California Government Code Sections (GC §) 66000 through 66020 (“Mitigation Fee Act”). This State law went into effect on January 1, 1989.
GC § 66006 states the following requirements as pertains to DIFs:
(a) If a local agency requires the payment of a fee specified in subdivision (c) in connection with the approval of a development project, the local agency receiving the fee shall deposit it with the other fees for the improvement in a separate capital facilities account or fund in a manner to avoid any commingling of the fees with other revenues and funds of the local agency, except for temporary investments, and expend those fees solely for the purpose for which the fee was collected. Any interest income earned by moneys in the capital facilities account or fund shall also be deposited in that account or fund and shall be expended only for the purpose for which the fee was originally collected.
(b) (1) For each separate account or fund established pursuant to subdivision (a), the local agency shall, within 180 days after the last day of each fiscal year, make available to the public the following information for the fiscal year:
(A) A brief description of the type of fee in the account or fund.
(B) The amount of the fee.
(C) The beginning and ending balance of the account or fund.
(D) The amount of the fees collected and the interest earned.
(E) An identification of each public improvement on which fees were expended and the amount of the expenditures on each improvement, including the total percentage of the cost of the public improvement that was funded with fees.
(F) (i) An identification of an approximate date by which the construction of the public improvement will commence if the local agency determines that sufficient funds have been collected to complete financing on an incomplete public improvement, as identified in paragraph (2) of subdivision (a) of Section 66001, and the public improvement remains incomplete.
(ii) An identification of each public improvement identified in a previous report pursuant to clause (i) and whether construction began on the approximate date noted in the previous report.
(iii) For a project identified pursuant to clause (ii) for which construction did not commence by the approximate date provided in the previous report, the reason for the delay and a revised approximate date that the local agency will commence construction.
(G) A description of each interfund transfer or loan made from the account or fund, including the public improvement on which the transferred or loaned fees will be expended, and, in the case of an interfund loan, the date on which the loan will be repaid, and the rate of interest that the account or fund will receive on the loan.
(H) The amount of refunds made pursuant to subdivision (e) of Section 66001, the number of persons or entities identified to receive those refunds, and any allocations pursuant to subdivision (f) of Section 66001.
(2) The local agency shall review the information made available to the public pursuant to paragraph (1) at the next regularly scheduled public meeting not less than 15 days after this information is made available to the public, as required by this subdivision. Notice of the time and place of the meeting, including the address where this information may be reviewed, shall be mailed, at least 15 days prior to the meeting, to any interested party who files a written request with the local agency for mailed notice of the meeting. Any written request for mailed notices shall be valid for one year from the date on which it is filed unless a renewal request is filed. Renewal requests for mailed notices shall be filed on or before April 1 of each year. The legislative body may establish a reasonable annual charge for sending notices based on the estimated cost of providing the service.
(c) For purposes of this section, “fee” 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.
(d) Any person may request an audit of any local agency fee or charge that is subject to Section 66023, including fees or charges of school districts, in accordance with that section.
(e) (1) A local agency shall inform a person paying a fee subject to this section of both of the following:
(A) The person’s right to request an audit pursuant to Section 66023.
(B) The person’s right, pursuant to paragraph (1) of subdivision (b), to file a written request for mailed notice of the local agency’s meeting to review the information made public pursuant to paragraph (1) of subdivision (b).
(2) A local agency shall provide a person paying a fee subject to this section a link to the page on the local agency’s internet website where the information made public pursuant to paragraph (1) of subdivision (b) is available for review.
(f) The Legislature finds and declares that untimely or improper allocation of development fees hinders economic growth and is, therefore, a matter of statewide interest and concern. It is, therefore, the intent of the Legislature that this section shall supersede all conflicting local laws and shall apply in charter cities.
(g) At the time the local agency imposes a fee for public improvements on a specific development project, it shall identify the public improvement that the fee will be used to finance.
(Amended by Stats. 2023, Ch. 741, Sec. 1. (AB 516) Effective January 1, 2024.)
GC § 65865(e) also requires that in any development agreement entered into on or after January 1, 2004, the City shall comply with GC § 66006 with respect to any fee it receives or cost it recovers.
Roseville Development Impact Fee Fiscal Year Ending June 30, 2023
JPA_SPWA Development Impact Fee Fiscal Year Ending June 30, 2023
In addition to the annual reporting as mandated per California GC § 66006(b), GC § 66001(d) requires that every fifth year the local agency shall make all of the following findings with respect to that portion of the account or fund remaining unexpended, whether committed or uncommitted:
(A) Identify the purpose to which the fee is to be put.
(B) Demonstrate a reasonable relationship between the fee and purpose for which it is charged.
(C) Identify all sources and amounts of funding anticipated to complete financing in incomplete improvements.
(D) Designate the approximate dates on which the funding is expected to be deposited into the appropriate account or fund.
Public Facilities Fee 2020
Electric Backbone Mitigation Fee 2019
Traffic Mitigation Fee May 2018
Drainage Fees May 2017
Water Connection Fee 2014