SECTIONS 65995-65998 - California Statutes

GOVERNMENT CODE

SECTION 65995-65998

65995. (a) Except for a fee, charge, dedication, or other
requirement authorized under Section 17620 of the Education Code, or
pursuant to Chapter 4.7 (commencing with Section 65970), a fee,
charge, dedication, or other requirement for the construction or
reconstruction of school facilities may not be levied or imposed in
connection with, or made a condition of, any legislative or
adjudicative act, or both, by any state or local agency involving,
but not limited to, the planning, use, or development of real
property, or any change in governmental organization or
reorganization, as defined in Section 56021 or 56073.
(b) Except as provided in Sections 65995.5 and 65995.7, the amount
of any fees, charges, dedications, or other requirements authorized
under Section 17620 of the Education Code, or pursuant to Chapter 4.7
(commencing with Section 65970), or both, may not exceed the
following:
(1) In the case of residential construction, including the
location, installation, or occupancy of manufactured homes and
mobilehomes, one dollar and ninety-three cents ($1.93) per square
foot of assessable space. "Assessable space," for this purpose, means
all of the square footage within the perimeter of a residential
structure, not including any carport, walkway, garage, overhang,
patio, enclosed patio, detached accessory structure, or similar area.
The amount of the square footage within the perimeter of a
residential structure shall be calculated by the building department
of the city or county issuing the building permit, in accordance with
the standard practice of that city or county in calculating
structural perimeters. "Manufactured home" and "mobilehome" have the
meanings set forth in subdivision (f) of Section 17625 of the
Education Code. The application of any fee, charge, dedication, or
other form of requirement to the location, installation, or occupancy
of manufactured homes and mobilehomes is subject to Section 17625 of
the Education Code.
(2) In the case of any commercial or industrial construction,
thirty-one cents ($0.31) per square foot of chargeable covered and
enclosed space. "Chargeable covered and enclosed space," for this
purpose, means the covered and enclosed space determined to be within
the perimeter of a commercial or industrial structure, not including
any storage areas incidental to the principal use of the
construction, garage, parking structure, unenclosed walkway, or
utility or disposal area. The determination of the chargeable covered
and enclosed space within the perimeter of a commercial or
industrial structure shall be made by the building department of the
city or county issuing the building permit, in accordance with the
building standards of that city or county. For the determination of
chargeable fees to be paid to the appropriate school district in
connection with any commercial or industrial construction under the
jurisdiction of the Office of Statewide Health Planning and
Development, the architect of record shall determine the chargeable
covered and enclosed space within the perimeter of a commercial or
industrial structure.
(3) The amount of the limits set forth in paragraphs (1) and (2)
shall be increased in 2000, and every two years thereafter, according
to the adjustment for inflation set forth in the statewide cost
index for class B construction, as determined by the State Allocation
Board at its January meeting, which increase shall be effective as
of the date of that meeting.
(c) (1) Notwithstanding any other provision of law, during the
term of a contract entered into between a subdivider or builder and a
school district, city, county, or city and county, whether general
law or chartered, on or before January 1, 1987, that requires the
payment of a fee, charge, or dedication for the construction of
school facilities as a condition to the approval of residential
construction, neither Section 17620 of the Education Code nor this
chapter applies to that residential construction.
(2) Notwithstanding any other provision of state or local law,
construction that is subject to a contract entered into between a
person and a school district, city, county, or city and county,
whether general law or chartered, after January 1, 1987, and before
the operative date of the act that adds paragraph (3) that requires
the payment of a fee, charge, or dedication for the construction of
school facilities as a condition to the approval of construction, may
not be affected by the act that adds paragraph (3).
(3) Notwithstanding any other provision of state or local law,
until January 1, 2000, any construction not subject to a contract as
described in paragraph (2) that is carried out on real property for
which residential development was made subject to a condition
relating to school facilities imposed by a state or local agency in
connection with a legislative act approving or authorizing the
residential development of that property after January 1, 1987, and
before the operative date of the act adding this paragraph, shall be
required to comply with that condition.
Notwithstanding any other provision of state or local law, on and
after January 1, 2000, any construction not subject to a contract as
described in paragraph (2) that is carried out on real property for
which residential development was made subject to a condition
relating to school facilities imposed by a state or local agency in
connection with a legislative act approving or authorizing the
residential development of that property after January 1, 1987, and
before the operative date of the act adding this paragraph, may not
be subject to a fee, charge, dedication, or other requirement
exceeding the amount specified in paragraphs (1) and (2) of
subdivision (b), or, if a district has increased the limit specified
in paragraph (1) of subdivision (b) pursuant to either Section
65995.5 or 65995.7, that increased amount.
(4) Any construction that is not subject to a contract as
described in paragraph (2), or to paragraph (3), and that satisfies
both of the requirements of this paragraph, may not be subject to any
increased fee, charge, dedication, or other requirement authorized
by the act that adds this paragraph beyond the amount specified in
paragraphs (1) and (2) of subdivision (b).
(A) A tentative map, development permit, or conditional use permit
was approved before the operative date of the act that amends this
subdivision.
(B) A building permit is issued before January 1, 2000.
(d) For purposes of this chapter, "construction" means new
construction and reconstruction of existing building for residential,
commercial, or industrial. "Residential, commercial, or industrial
construction" does not include any facility used exclusively for
religious purposes that is thereby exempt from property taxation
under the laws of this state, any facility used exclusively as a
private full-time day school as described in Section 48222 of the
Education Code, or any facility that is owned and occupied by one or
more agencies of federal, state, or local government. In addition,
"commercial or industrial construction" includes, but is not limited
to, any hotel, inn, motel, tourist home, or other lodging for which
the maximum term of occupancy for guests does not exceed 30 days, but
does not include any residential hotel, as defined in paragraph (1)
of subdivision (b) of Section 50519 of the Health and Safety Code.
(e) The Legislature finds and declares that the financing of
school facilities and the mitigation of the impacts of land use
approvals, whether legislative or adjudicative, or both, on the need
for school facilities are matters of statewide concern. For this
reason, the Legislature hereby occupies the subject matter of
requirements related to school facilities levied or imposed in
connection with, or made a condition of, any land use approval,
whether legislative or adjudicative act, or both, and the mitigation
of the impacts of land use approvals, whether legislative or
adjudicative, or both, on the need for school facilities, to the
exclusion of all other measures, financial or nonfinancial, on the
subjects. For purposes of this subdivision, "school facilities" means
any school-related consideration relating to a school district's
ability to accommodate enrollment.
(f) Nothing in this section shall be interpreted to limit or
prohibit the use of Chapter 2.5 (commencing with Section 53311) of
Division 2 of Title 5 to finance the construction or reconstruction
of school facilities. However, the use of Chapter 2.5 (commencing
with Section 53311) of Division 2 of Title 5 may not be required as a
condition of approval of any legislative or adjudicative act, or
both, if the purpose of the community facilities district is to
finance school facilities.
(g) (1) The refusal of a person to agree to undertake or cause to
be undertaken an act relating to Chapter 2.5 (commencing with Section
53311) of Division 2 of Title 5, including formation of, or
annexation to, a community facilities district, voting to levy a
special tax, or authorizing another to vote to levy a special tax,
may not be a factor when considering the approval of a legislative or
adjudicative act, or both, involving, but not limited to, the
planning, use, or development of real property, or any change in
governmental organization or reorganization, as defined in Section
56021 or 56073, if the purpose of the community facilities district
is to finance school facilities.
(2) If a person voluntarily elects to establish, or annex into, a
community facilities district and levy a special tax approved by
landowner vote to finance school facilities, the present value of the
special tax specified in the resolution of formation shall be
calculated as an amount per square foot of assessable space and that
amount shall be a credit against any applicable fee, charge,
dedication, or other requirement for the construction or
reconstruction of school facilities. For purposes of this paragraph,
the calculation of present value shall use the interest rate paid on
the United States Treasury's 30-year bond on the date of the
formation of, or annexation to, the community facilities district, as
the capitalization rate.
(3) For purposes of subdivisions (f), (h), and (i), and this
subdivision, "school facilities" means any school-related
consideration relating to a school district's ability to accommodate
enrollment.
(h) The payment or satisfaction of a fee, charge, or other
requirement levied or imposed pursuant to Section 17620 of the
Education Code in the amount specified in Section 65995 and, if
applicable, any amounts specified in Section 65995.5 or 65995.7 are
hereby deemed to be full and complete mitigation of the impacts of
any legislative or adjudicative act, or both, involving, but not
limited to, the planning, use, or development of real property, or
any change in governmental organization or reorganization as defined
in Section 56021 or 56073, on the provision of adequate school
facilities.
(i) A state or local agency may not deny or refuse to approve a
legislative or adjudicative act, or both, involving, but not limited
to, the planning, use, or development of real property, or any change
in governmental organization or reorganization as defined in Section
56021 or 56073 on the basis of a person's refusal to provide school
facilities mitigation that exceeds the amounts authorized pursuant to
this section or pursuant to Section 65995.5 or 65995.7, as
applicable.

65995.1. (a) Notwithstanding any other provision of law, as to any
development project for the construction of senior citizen housing,
as described in Section 51.3 of the Civil Code, a residential care
facility for the elderly as described in subdivision (k) of Section
1569.2 of the Health and Safety Code, or a multilevel facility for
the elderly as described in paragraph (9) of subdivision (d) of
Section 15432, any fee, charge, dedication, or other form of
requirement that is levied under Section 53080 may be applied only to
new construction, and is subject to the limits and conditions
applicable under subdivision (b) of Section 65995 in the case of
commercial or industrial development.
(b) Notwithstanding any other provision of law, as to any
development project for the construction of agricultural migrant
worker housing financed in whole or part pursuant to Chapter 8.5
(commencing with Section 50710) of Part 2 of Division 31 of the
Health and Safety Code, no fees, charges, dedications, or other forms
of requirements that are levied under Section 53080 shall be applied
to new construction, reconstruction, or rehabilitation of this
housing. The exemption provided by this subdivision shall be
applicable only to that agricultural migrant worker housing which is
owned by the state and which is subject to a contract ensuring
compliance with the requirements of Chapter 8.5 (commencing with
Section 50710) of Part 2 of Division 31 of the Health and Safety
Code.
(c) Any development project against which school facilities fees
or other requirements have been levied or waived in accordance with
the limit or exemption set forth in subdivision (a) or (b) may be
converted to any use other than those uses described in the statutes
cited in that subdivision only with the approval of the city or
county that issued the building permit for the project. That approval
shall not be granted absent certification by the appropriate school
district that payment has been made on the part of the development
project at the rate of the school facilities fee, charge, dedication,
or other form of requirement applied by the district under Section
53080 to residential development as of the date of conversion, less
the amount of any school facilities fees or other requirements paid
on the part of the project in accordance with the limits set forth in
subdivision (a) or (b).

65995.2. (a) Notwithstanding any other provision of law, the
imposition of any fee, charge, dedication, or other requirement
authorized under Section 53080, or Chapter 4.7 (commencing with
Section 65970), or both, against any manufactured home or mobilehome
that is located within a mobilehome park, or subdivision,
cooperative, or condominium for mobilehomes, in which residence is
limited to older persons, as defined pursuant to the federal Fair
Housing Amendments Act of 1988, is subject to the limits and
conditions that are applicable under subdivision (b) of Section 65995
in the case of commercial and industrial development.
(b) Any mobilehome park, or subdivision, cooperative, or
condominium for mobilehomes, in which school facilities fees,
charges, dedications, or other requirements have been imposed against
one or more manufactured homes or mobilehomes in accordance with the
limit set forth in subdivision (a) may subsequently choose to permit
the residence of persons other than older persons, in which event it
shall so notify the appropriate school district and city or county.
As a condition of the first sale, subsequent to that notification, of
each manufactured home or mobilehome in the mobilehome park, or
subdivision, cooperative, or condominium for mobilehomes, payment
shall be made to the school district in the amount of the school
facilities fee or other requirement applied by the district under
Section 53080, or Chapter 4.7 (commencing with Section 65970), or
both, to residential development as of the date of that sale, less
the amount of any school facilities fees, charges, dedications, or
other requirements imposed against that manufactured home or
mobilehome in accordance with the limits described in subdivision
(a). Any prospective purchaser of a manufactured home or mobilehome
that is subject to the requirement set forth in this subdivision
shall be given written notice of the existence of that requirement by
the seller prior to entering into any contract for that purchase.
(c) Compliance on the part of any manufactured home or mobilehome
with any additional fee or other requirement applied by the school
district pursuant to subdivision (b), and certification by the
appropriate school district of that compliance, shall be required as
a condition of the following, as applicable:
(1) The close of escrow of the first sale of the manufactured home
or mobilehome following the notice required by subdivision (b),
where the manufactured home or mobilehome is to be located,
installed, or occupied in a mobilehome park that has chosen to permit
the residence of persons other than older persons pursuant to
subdivision (b) and the sale or transfer of the manufactured home or
mobilehome is subject to escrow as provided in Section 18035 or
18035.2 of the Health and Safety Code.
(2) The approval of the manufactured home or mobilehomes for
initial occupancy pursuant to Section 18551 or 18613 of the Health
and Safety Code following the notice required by subdivision (b),
where the manufactured home or mobilehome is to be located,
installed, or occupied in a mobilehome park that has chosen to permit
the residence of persons other than older persons pursuant to
subdivision (b), in the event that paragraph (1) does not apply.

65995.5. (a) The governing board of a school district may impose
the amount calculated pursuant to this section as an alternative to
the amount that may be imposed on residential construction calculated
pursuant to subdivision (b) of Section 65995.
(b) To be eligible to impose the fee, charge, dedication, or other
requirement up to the amount calculated pursuant to this section, a
governing board shall do all of the following:
(1) Make a timely application to the State Allocation Board for
new construction funding for which it is eligible and be determined
by the board to meet the eligibility requirements for new
construction funding set forth in Article 2 (commencing with Section
17071.10) and Article 3 (commencing with Section 17071.75) of Chapter
12.5 of Part 10 of the Education Code. A governing board that
submits an application to determine the district's eligibility for
new construction funding shall be deemed eligible if the State
Allocation Board fails to notify the district of the district's
eligibility within 120 days of receipt of the application.
(2) Conduct and adopt a school facility needs analysis pursuant to
Section 65995.6.
(3) Until January 1, 2000, satisfy at least one of the
requirements set forth in subparagraphs (A) to (D), inclusive, and,
on and after January 1, 2000, satisfy at least two of the
requirements set forth in subparagraphs (A) to (D), inclusive:
(A) The district is a unified or elementary school district that
has a substantial enrollment of its elementary school pupils on a
multitrack year-round schedule. "Substantial enrollment" for purposes
of this paragraph means at least 30 percent of district pupils in
kindergarten and grades 1 to 6, inclusive, in the high school
attendance area in which all or some of the new residential units
identified in the needs analysis are planned for construction. A high
school district shall be deemed to have met the requirements of this
paragraph if either of the following apply:
(i) At least 30 percent of the high school district's pupils are
on a multitrack year-round schedule.
(ii) At least 40 percent of the pupils enrolled in public schools
in kindergarten and grades 1 to 12, inclusive, within the boundaries
of the high school attendance area for which the school district is
applying for new facilities are enrolled in multitrack year-round
schools.
(B) The district has placed on the ballot in the previous four
years a local general obligation bond to finance school facilities
and the measure received at least 50 percent plus one of the votes
cast.
(C) The district meets one of the following:
(i) The district has issued debt or incurred obligations for
capital outlay in an amount equivalent to 15 percent of the district'
s local bonding capacity, including indebtedness that is repaid from
property taxes, parcel taxes, the district's general fund, special
taxes levied pursuant to Section 4 of Article XIII A of the
California Constitution, special taxes levied pursuant to Chapter 2.5
(commencing with Section 53311) of Division 2 of Title 5 that are
approved by a vote of registered voters, special taxes levied
pursuant to Chapter 2.5 (commencing with Section 53311) of Division 2
of Title 5 that are approved by a vote of landowners prior to
November 4, 1998, and revenues received pursuant to the Community
Redevelopment Law (Part 1 (commencing with Section 33000) of Division
24 of the Health and Safety Code). Indebtedness or other obligation
to finance school facilities to be owned, leased, or used by the
district, that is incurred by another public agency, shall be counted
for the purpose of calculating whether the district has met the debt
percentage requirement contained herein.
(ii) The district has issued debt or incurred obligations for
capital outlay in an amount equivalent to 30 percent of the district'
s local bonding capacity, including indebtedness that is repaid from
property taxes, parcel taxes, the district's general fund, special
taxes levied pursuant to Section 4 of Article XIII A of the
California Constitution, special taxes levied pursuant to Chapter 2.5
(commencing with Section 53311) of Division 2 of Title 5 that are
approved by a vote of registered voters, special taxes levied
pursuant to Chapter 2.5 (commencing with Section 53311) of Division 2
of Title 5 that are approved by a vote of landowners after November
4, 1998, and revenues received pursuant to the Community
Redevelopment Law (Part 1 (commencing with Section 33000) of Division
24 of the Health and Safety Code). Indebtedness or other obligation
to finance school facilities to be owned, leased, or used by the
district, that is incurred by another public agency, shall be counted
for the purpose of calculating whether the district has met the debt
percentage requirement contained herein.
(D) At least 20 percent of the teaching stations within the
district are relocatable classrooms.
(c) The maximum square foot fee, charge, dedication, or other
requirement authorized by this section that may be collected in
accordance with Chapter 6 (commencing with Section 17620) of Part
10.5 of the Education Code shall be calculated by a governing board
of a school district, as follows:
(1) The number of unhoused pupils identified in the school
facilities needs analysis shall be multiplied by the appropriate
amounts provided in subdivision (a) of Section 17072.10. This sum
shall be added to the site acquisition and development cost
determined pursuant to subdivision (h).
(2) The full amount of local funds the governing board has
dedicated to facilities necessitated by new construction shall be
subtracted from the amount determined pursuant to paragraph (1).
Local funds include fees, charges, dedications, or other requirements
imposed on commercial or industrial construction.
(3) The resulting amount determined pursuant to paragraph (2)
shall be divided by the projected total square footage of assessable
space of residential units anticipated to be constructed during the
next five-year period in the school district or the city and county
in which the school district is located. The estimate of the
projected total square footage shall be based on information
available from the city or county within which the residential units
are anticipated to be constructed or a market report prepared by an
independent third party.
(d) A school district that has a common territorial jurisdiction
with a district that imposes the fee, charge, dedication, or other
requirement up to the amount calculated pursuant to this section or
Section 65995.7, may not impose a fee, charge, dedication, or other
requirement on residential construction that exceeds the limit set
forth in subdivision (b) of Section 65995 less the portion of that
amount it would be required to share pursuant to Section 17623 of the
Education Code, unless that district is eligible to impose the fee,
charge, dedication, or other requirement up to the amount calculated
pursuant to this section or Section 65995.7.
(e) Nothing in this section is intended to limit or discourage the
joint use of school facilities or to limit the ability of a school
district to construct school facilities that exceed the amount of
funds authorized by Section 17620 of the Education Code and provided
by the state grant program, if the additional costs are funded solely
by local revenue sources other than fees, charges, dedications, or
other requirements imposed on new construction.
(f) Except as provided in paragraph (5) of subdivision (a) of
Section 17620 of the Education Code, a fee, charge, dedication, or
other requirement authorized under this section and Section 65995.7
shall be expended solely on the school facilities identified in the
needs analysis as being attributable to projected enrollment growth
from the construction of new residential units. This subdivision does
not preclude the expenditure of a fee, charge, dedication, or other
requirement, authorized pursuant to subparagraph (C) of paragraph (1)
of subdivision (a) of Section 17620, on school facilities identified
in the needs analysis as necessary due to projected enrollment
growth attributable to the new residential units.
(g) "Residential units" and "residences" as used in this section
and in Sections 65995.6 and 65995.7 means the development of
single-family detached housing units, single-family attached housing
units, manufactured homes and mobilehomes, as defined in subdivision
(f) of Section 17625 of the Education Code, condominiums, and
multifamily housing units, including apartments, residential hotels,
as defined in paragraph (1) of subdivision (b) of Section 50519 of
the Health and Safety Code, and stock cooperatives, as defined in
Section 1351 of the Civil Code.
(h) Site acquisition costs shall not exceed half of the amount
determined by multiplying the land acreage determined to be necessary
under the guidelines of the State Department of Education, as
published in the "School Site Analysis and Development Handbook," as
that handbook read as of January 1, 1998, by the estimated cost
determined pursuant to Section 17072.12 of the Education Code. Site
development costs shall not exceed the estimated amount that would be
funded by the State Allocation Board pursuant to its regulations
governing grants for site development costs.

65995.6. (a) The school facilities needs analysis required by
paragraph (2) of subdivision (b) of Section 65995.5 shall be
conducted by the governing board of a school district to determine
the need for new school facilities for unhoused pupils that are
attributable to projected enrollment growth from the development of
new residential units over the next five years. The school facilities
needs analysis shall project the number of unhoused elementary,
middle, and high school pupils generated by new residential units, in
each category of pupils enrolled in the district. This projection of
unhoused pupils shall be based on the historical student generation
rates of new residential units constructed during the previous five
years that are of a similar type of unit to those anticipated to be
constructed either in the school district or the city or county in
which the school district is located, and relevant planning agency
information, such as multiphased development projects, that may
modify the historical figures. For purposes of this paragraph, "type"
means a single family detached, single family attached, or
multifamily unit. The existing school building capacity shall be
calculated pursuant to Article 2 (commencing with Section 17071.10)
of Chapter 12.5 of Part 10 of the Education Code. The existing school
building capacity shall be recalculated by the school district as
part of any revision of the needs analysis pursuant to subdivision
(e) of this section. If a district meets the requirements of
paragraph (3) of subdivision (b) of Section 65995.5 by having a
substantial enrollment on a multitrack year-round schedule, the
determination of whether the district has school building capacity
area shall reflect the additional capacity created by the multitrack
year-round schedule.
(b) When determining the funds necessary to meet its facility
needs, the governing board shall do each of the following:
(1) Identify and consider any surplus property owned by the
district that can be used as a schoolsite or that is available for
sale to finance school facilities.
(2) Identify and consider the extent to which projected enrollment
growth may be accommodated by excess capacity in existing
facilities.
(3) Identify and consider local sources other than fees, charges,
dedications, or other requirements imposed on residential
construction available to finance the construction or reconstruction
of school facilities needed to accommodate any growth in enrollment
attributable to the construction of new residential units.
(c) The governing board shall adopt the school facility needs
analysis by resolution at a public hearing. The school facilities
needs analysis may not be adopted until the school facilities needs
analysis in its final form has been made available to the public for
a period of not less than 30 days during which time the school
facilities needs analysis shall be provided to the local agency
responsible for land use planning for its review and comment. Prior
to the adoption of the school facilities needs analysis, the public
shall have the opportunity to review and comment on the school
facilities needs analysis and the governing board shall respond to
written comments it receives regarding the school facilities needs
analysis.
(d) Notice of the time and place of the hearing, including the
location and procedure for viewing or requesting a copy of the
proposed school facilities needs analysis and any proposed revision
of the school facilities needs analysis, shall be published in at
least one newspaper of general circulation within the jurisdiction of
the school district that is conducting the hearing no less than 30
days prior to the hearing. If there is no paper of general
circulation, the notice shall be posted in at least three conspicuous
public places within the jurisdiction of the school district not
less than 30 days prior to the hearing. In addition to these notice
requirements, the governing board shall mail a copy of the school
facilities needs analysis and any proposed revision to the school
facilities needs analysis not less than 30 days prior to the hearing
to any person who has made a written request if the written request
was made 45 days prior to the hearing. The governing board may charge
a fee reasonably related to the cost of providing these materials to
those persons who request the school facilities needs analysis or
revision.
(e) The school facilities needs analysis may be revised at any
time in the same manner, and the revision is subject to the same
conditions and requirements, applicable to the adoption of the school
facilities needs analysis.
(f) A fee, charge, dedication, or other requirement in an amount
authorized by this section or Section 65995.7, shall be adopted by a
resolution of the governing board as part of the adoption or revision
of the school facilities needs analysis and may not be effective for
more than one year. Notwithstanding subdivision (a) of Section 17621
of the Education Code, or any other provision of law, the fee,
charge, dedication, or other requirement authorized by the resolution
shall take effect immediately after the adoption of the resolution.
(g) Division 13 (commencing with Section 21000) of the Public
Resources Code may not apply to the preparation, adoption, or update
of the school facilities needs analysis, or adoption of the
resolution specified in this section.
(h) Notice and hearing requirements other than those provided in
this section may not be applicable to the adoption or revision of a
school facilities needs analysis or the resolutions adopted pursuant
to this section.

65995.7. (a) (1) If state funds for new school facility
construction are not available, the governing board of a school
district that complies with Section 65995.5 may increase the
alternative fee, charge, dedication, or other requirement calculated
pursuant to subdivision (c) of Section 65995.5 by an amount that may
not exceed the amount calculated pursuant to subdivision (c) of
Section 65995.5, except that for the purposes of calculating this
additional amount, the amount identified in paragraph (2) of
subdivision (c) of Section 65995.5 may not be subtracted from the
amount determined pursuant to paragraph (1) of subdivision (c) of
Section 65995.5. For purposes of this section, state funds are not
available if the State Allocation Board is no longer approving
apportionments for new construction pursuant to Article 5 (commencing
with Section 17072.20) of Chapter 12.5 of Part 10 of the Education
Code due to a lack of funds available for new construction. Upon
making a determination that state funds are no longer available, the
State Allocation Board shall notify the Secretary of the Senate and
the Chief Clerk of the Assembly, in writing, of that determination
and the date when state funds are no longer available for publication
in the respective journal of each house. For the purposes of making
this determination, the board shall not consider whether funds are
available for, or whether it is making preliminary apportionments or
final apportionments pursuant to, Article 11 (commencing with Section
17078.10).
(2) Paragraph (1) shall become inoperative commencing on the
effective date of the measure that amended this section to add this
paragraph, and shall remain inoperative through the earlier of either
of the following:
(A) November 5, 2002, if the voters reject the Kindergarten
University Public Education Facilities Bond Act of 2002, after which
date paragraph (1) shall again become operative.
(B) The date of the 2004 direct primary election after which date
paragraph (1) shall again become operative.
(b) A governing board may offer a reimbursement election to the
person subject to the fee, charge, dedication, or other requirement
that provides the person with the right to monetary reimbursement of
the supplemental amount authorized by this section, to the extent
that the district receives funds from state sources for construction
of the facilities for which that amount was required, less any amount
expended by the district for interim housing. At the option of the
person subject to the fee, charge, dedication, or other requirement
the reimbursement election may be made on a tract or lot basis.
Reimbursement of available funds shall be made within 30 days as they
are received by the district.
(c) A governing board may offer the person subject to the fee,
charge, dedication, or other requirement an opportunity to negotiate
an alternative reimbursement agreement if the terms of the agreement
are mutually agreed upon.
(d) A governing board may provide that the rights granted by the
reimbursement election or the alternative reimbursement agreement are
assignable.

65996. (a) Notwithstanding Section 65858, or Division 13
(commencing with Section 21000) of the Public Resources Code, or any
other provision of state or local law, the following provisions shall
be the exclusive methods of considering and mitigating impacts on
school facilities that occur or might occur as a result of any
legislative or adjudicative act, or both, by any state or local
agency involving, but not limited to, the planning, use, or
development of real property or any change of governmental
organization or reorganization, as defined in Section 56021 or 56073:
(1) Section 17620 of the Education Code.
(2) Chapter 4.7 (commencing with Section 65970) of Division 1 of
Title 7.
(b) The provisions of this chapter are hereby deemed to provide
full and complete school facilities mitigation and, notwithstanding
Section 65858, or Division 13 (commencing with Section 21000) of the
Public Resources Code, or any other provision of state or local law,
a state or local agency may not deny or refuse to approve a
legislative or adjudicative act, or both, involving, but not limited
to, the planning, use, or development of real property or any change
in governmental organization or reorganization, as defined in Section
56021 or 56073, on the basis that school facilities are inadequate.
(c) For purposes of this section, "school facilities" means any
school-related consideration relating to a school district's ability
to accommodate enrollment.
(d) Nothing in this chapter shall be interpreted to limit or
prohibit the ability of a local agency to utilize other methods to
provide school facilities if these methods are not levied or imposed
in connection with, or made a condition of, a legislative or
adjudicative act, or both, involving, but not limited to, the
planning, use, or development of real property or a change in
governmental organization or reorganization, as defined in Section
56021 or 56073. Nothing in this chapter shall be interpreted to limit
or prohibit the assessment or reassessment of property in
conjunction with ad valorum taxes, or the placement of a parcel on
the secured roll in conjunction with qualified special taxes as that
term is used in Section 50079.
(e) Nothing in this section shall be interpreted to limit or
prohibit the ability of a local agency to mitigate the impacts of
land use approvals other than on the need for school facilities, as
defined in this section.
(f) This section shall become inoperative during any time that
Section 65997 is operative and this section shall become operative at
any time that Section 65997 is inoperative.

65997. (a) The following provisions shall be the exclusive methods
of mitigating environmental effects related to the adequacy of school
facilities when considering the approval or the establishment of
conditions for the approval of a development project, as defined in
Section 17620 of the Education Code, pursuant to Division 13
(commencing with Section 21000) of the Public Resources Code:
(1) Chapter 12 (commencing with Section 17000) of, or Chapter 12.5
(commencing with Section 17070.10) of, Part 10 of the Education
Code.
(2) Chapter 14 (commencing with Section 17085) of Part 10 of the
Education Code.
(3) Chapter 18 (commencing with Section 17170) of Part 10 of the
Education Code.
(4) Article 2.5 (commencing with Section 17430) of Chapter 4 of
Part 10.5 of the Education Code.
(5) Section 17620 of the Education Code.
(6) Chapter 2.5 (commencing with Section 53311) of Division 2 of
Title 5.
(7) Chapter 4.7 (commencing with Section 65970) of Division 1 of
Title 7.
(b) A public agency may not, pursuant to Division 13 (commencing
with Section 21000) of the Public Resources Code or Division 2
(commencing with Section 66410) of this code, deny approval of a
project on the basis of the adequacy of school facilities.
(c) (1) This section shall become operative on or after any
statewide election in 2012, if a statewide general obligation bond
measure submitted for voter approval in 2012 or thereafter that
includes bond issuance authority to fund construction of kindergarten
and grades 1 to 12, inclusive, public school facilities is submitted
to the voters and fails to be approved.
(2) (A) This section shall become inoperative if subsequent to the
failure of a general obligation bond measure described in paragraph
(1) a statewide general bond measure as described in paragraph (1) is
approved by the voters.
(B) Thereafter, this section shall become operative if a statewide
general obligation bond measure submitted for voter approval that
includes bond issuance authority to fund construction of kindergarten
and grades 1 to 12, inclusive, public school facilities is submitted
to the voters and fails to be approved and shall become inoperative
if subsequent to the failure of the general obligation bond measure a
statewide bond measure as described in this subparagraph is approved
by the voters.
(d) Notwithstanding any other provision of law, a public agency
may deny or refuse to approve a legislative act involving, but not
limited to, the planning, use, or development of real property, on
the basis that school facilities are inadequate, except that a public
agency may not require the payment or satisfaction of a fee, charge,
dedication, or other financial requirement in excess of that levied
or imposed pursuant to Section 65995 and, if applicable, any amounts
specified in Sections 65995.5 or 65995.7.

65998. (a) Nothing in this chapter or in Section 17620 of the
Education Code shall be interpreted to limit or prohibit the
authority of a local agency to reserve or designate real property for
a schoolsite.
(b) Nothing in this chapter or in Section 17620 of the Education
Code shall be interpreted to limit or prohibit the ability of a local
agency to mitigate the impacts of a land use approval involving, but
not limited to, the planning, use, or development of real property
other than on the need for school facilities.