SECTIONS 66012-66014 - California Statutes

GOVERNMENT CODE

SECTION 66012-66014

66012. (a) Notwithstanding any other provision of law which
prescribes an amount or otherwise limits the amount of a fee or
charge which may be levied by a city, county, or city and county, a
city, county, or city and county shall have the authority to levy any
fee or charge in connection with the operation of an aerial tramway
within its jurisdiction.
(b) If any person disputes whether a fee or charge levied
pursuant to subdivision (a) is reasonable, the auditor, or if there
is no auditor, the fiscal officer, of the city, county, or city and
county shall, upon request of the legislative body of the city,
county, or city and county, conduct a study and determine whether the
fee or charge is reasonable.

66013. (a) Notwithstanding any other provision of law, when a local
agency imposes fees for water connections or sewer connections, or
imposes capacity charges, those fees or charges shall not exceed the
estimated reasonable cost of providing the service for which the fee
or charge is imposed, unless a question regarding the amount of the
fee or charge imposed in excess of the estimated reasonable cost of
providing the services or materials is submitted to, and approved by,
a popular vote of two-thirds of those electors voting on the issue.
(b) As used in this section:
(1) "Sewer connection" means the connection of a structure or
project to a public sewer system.
(2) "Water connection" means the connection of a structure or
project to a public water system, as defined in subdivision (f) of
Section 116275 of the Health and Safety Code.
(3) "Capacity charge" means a charge for public facilities in
existence at the time a charge is imposed or charges for new public
facilities to be acquired or constructed in the future that are of
proportional benefit to the person or property being charged,
including supply or capacity contracts for rights or entitlements,
real property interests, and entitlements and other rights of the
local agency involving capital expense relating to its use of
existing or new public facilities. A "capacity charge" does not
include a commodity charge.
(4) "Local agency" means a local agency as defined in Section
66000.
(5) "Fee" means a fee for the physical facilities necessary to
make a water connection or sewer connection, including, but not
limited to, meters, meter boxes, and pipelines from the structure or
project to a water distribution line or sewer main, and that does not
exceed the estimated reasonable cost of labor and materials for
installation of those facilities.
(6) "Public facilities" means public facilities as defined in
Section 66000.
(c) A local agency receiving payment of a charge as specified in
paragraph (3) of subdivision (b) shall deposit it in a separate
capital facilities fund with other charges received, and account for
the charges in a manner to avoid any commingling with other moneys of
the local agency, except for investments, and shall expend those
charges solely for the purposes for which the charges were collected.
Any interest income earned from the investment of moneys in the
capital facilities fund shall be deposited in that fund.
(d) For a fund established pursuant to subdivision (c), a local
agency shall make available to the public, within 180 days after the
last day of each fiscal year, the following information for that
fiscal year:
(1) A description of the charges deposited in the fund.
(2) The beginning and ending balance of the fund and the interest
earned from investment of moneys in the fund.
(3) The amount of charges collected in that fiscal year.
(4) An identification of all of the following:
(A) Each public improvement on which charges were expended and the
amount of the expenditure for each improvement, including the
percentage of the total cost of the public improvement that was
funded with those charges if more than one source of funding was
used.
(B) Each public improvement on which charges were expended that
was completed during that fiscal year.
(C) Each public improvement that is anticipated to be undertaken
in the following fiscal year.
(5) A description of each interfund transfer or loan made from the
capital facilities fund. The information provided, in the case of an
interfund transfer, shall identify the public improvements on which
the transferred moneys are, or will be, expended. The information, in
the case of an interfund loan, shall include the date on which the
loan will be repaid, and the rate of interest that the fund will
receive on the loan.
(e) The information required pursuant to subdivision (d) may be
included in the local agency's annual financial report.
(f) The provisions of subdivisions (c) and (d) shall not apply to
any of the following:
(1) Moneys received to construct public facilities pursuant to a
contract between a local agency and a person or entity, including,
but not limited to, a reimbursement agreement pursuant to Section
66003.
(2) Charges that are used to pay existing debt service or which
are subject to a contract with a trustee for bondholders that
requires a different accounting of the charges, or charges that are
used to reimburse the local agency or to reimburse a person or entity
who advanced funds under a reimbursement agreement or contract for
facilities in existence at the time the charges are collected.
(3) Charges collected on or before December 31, 1998.
(g) Any judicial action or proceeding to attack, review, set
aside, void, or annul the ordinance, resolution, or motion imposing a
fee or capacity charge subject to this section shall be brought
pursuant to Section 66022.
(h) Fees and charges subject to this section are not subject to
the provisions of Chapter 5 (commencing with Section 66000), but are
subject to the provisions of Sections 66016, 66022, and 66023.
(i) The provisions of subdivisions (c) and (d) shall only apply to
capacity charges levied pursuant to this section.

66014. (a) Notwithstanding any other provision of law, when a local
agency charges fees for zoning variances; zoning changes; use
permits; building inspections; building permits; filing and
processing applications and petitions filed with the local agency
formation commission or conducting preliminary proceedings or
proceedings under the Cortese-Knox-Hertzberg Local Government
Reorganization Act of 2000, Division 3 (commencing with Section
56000) of Title 5; the processing of maps under the provisions of the
Subdivision Map Act, Division 2 (commencing with Section 66410) of
Title 7; or planning services under the authority of Chapter 3
(commencing with Section 65100) of Division 1 of Title 7 or under any
other authority; those fees may not exceed the estimated reasonable
cost of providing the service for which the fee is charged, unless a
question regarding the amount of the fee charged in excess of the
estimated reasonable cost of providing the services or materials is
submitted to, and approved by, a popular vote of two-thirds of those
electors voting on the issue.
(b) The fees charged pursuant to subdivision (a) may include the
costs reasonably necessary to prepare and revise the plans and
policies that a local agency is required to adopt before it can make
any necessary findings and determinations.
(c) Any judicial action or proceeding to attack, review, set
aside, void, or annul the ordinance, resolution, or motion
authorizing the charge of a fee subject to this section shall be
brought pursuant to Section 66022.