SECTIONS 66016-66019 - California Statutes

GOVERNMENT CODE

SECTION 66016-66019

66016. (a) Prior to levying a new fee or service charge, or prior
to approving an increase in an existing fee or service charge, a
local agency shall hold at least one open and public meeting, at
which oral or written presentations can be made, as part of a
regularly scheduled meeting. Notice of the time and place of the
meeting, including a general explanation of the matter to be
considered, and a statement that the data required by this section is
available, shall be mailed at least 14 days prior to the meeting to
any interested party who files a written request with the local
agency for mailed notice of the meeting on new or increased fees or
service charges. 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. At least 10 days prior to
the meeting, the local agency shall make available to the public data
indicating the amount of cost, or estimated cost, required to
provide the service for which the fee or service charge is levied and
the revenue sources anticipated to provide the service, including
General Fund revenues. Unless there has been voter approval, as
prescribed by Section 66013 or 66014, no local agency shall levy a
new fee or service charge or increase an existing fee or service
charge to an amount which exceeds the estimated amount required to
provide the service for which the fee or service charge is levied.
If, however, the fees or service charges create revenues in excess of
actual cost, those revenues shall be used to reduce the fee or
service charge creating the excess.
(b) Any action by a local agency to levy a new fee or service
charge or to approve an increase in an existing fee or service charge
shall be taken only by ordinance or resolution. The legislative body
of a local agency shall not delegate the authority to adopt a new
fee or service charge, or to increase a fee or service charge.
(c) Any costs incurred by a local agency in conducting the meeting
or meetings required pursuant to subdivision (a) may be recovered
from fees charged for the services which were the subject of the
meeting.
(d) This section shall apply only to fees and charges as described
in Sections 51287, 56383, 65104, 65456, 65584.1, 65863.7, 65909.5,
66013, 66014, and 66451.2 of this code, Sections 17951, 19132.3, and
19852 of the Health and Safety Code, Section 41901 of the Public
Resources Code, and Section 21671.5 of the Public Utilities Code.
(e) Any judicial action or proceeding to attack, review, set
aside, void, or annul the ordinance, resolution, or motion levying a
fee or service charge subject to this section shall be brought
pursuant to Section 66022.

66017. (a) Any action adopting a fee or charge, or increasing a fee
or charge adopted, upon a development project, as defined in Section
66000, which applies to the filing, accepting, reviewing, approving,
or issuing of an application, permit, or entitlement to use shall be
enacted in accordance with the notice and public hearing procedures
specified in Section 54986 or 66016 and shall be effective no sooner
than 60 days following the final action on the adoption of the fee or
charge or increase in the fee or charge.
(b) Without following the procedure otherwise required for the
adoption of a fee or charge, or increasing a fee or charge, the
legislative body of a local agency may adopt an urgency measure as an
interim authorization for a fee or charge, or increase in a fee or
charge, to protect the public health, welfare and safety. The interim
authorization shall require four-fifths vote of the legislative body
for adoption. The interim authorization shall have no force or
effect 30 days after its adoption. The interim authority shall
contain findings describing the current and immediate threat to the
public health, welfare, and safety. After notice and public hearing
pursuant to Section 54986 or 66016, the legislative body may extend
the interim authority for an additional 30 days. Not more than two
extensions may be granted. Any extension shall also require a
four-fifths vote of the legislative body.

66018. (a) Prior to adopting an ordinance, resolution, or other
legislative enactment adopting a new fee or approving an increase in
an existing fee to which this section applies, a local agency shall
hold a public hearing, at which oral or written presentations can be
made, as part of a regularly scheduled meeting. Notice of the time
and place of the meeting, including a general explanation of the
matter to be considered, shall be published in accordance with
Section 6062a.
(b) Any costs incurred by a local agency in conducting the
hearing required pursuant to subdivision (a) may be recovered as part
of the fees which were the subject of the hearing.
(c) This section applies only to the adopting or increasing of
fees to which a specific statutory notice requirement, other than
Section 54954.2, does not apply.
(d) As used in this section, "fees" do not include rates or
charges for water, sewer, or electrical service.

66018.5. "Local agency," as used in this chapter, has the same
meaning as provided in Section 66000.

66019. (a) As used in this section:
(1) "Fee" means a fee as defined in Section 66000, but does not
include any of the following:
(A) A fee authorized pursuant to Section 66013.
(B) A fee authorized pursuant to Section 17620 of the Education
Code, or Sections 65995.5 and 65995.7.
(C) Rates or charges for water, sewer, or electrical services.
(D) Fees subject to Section 66016.
(2) "Party" means a person, entity, or organization representing a
group of people or entities.
(3) "Public facility" means a public facility as defined in
Section 66000.
(b) For any fee, notice of the time and place of the meeting,
including a general explanation of the matter to be considered, and a
statement that the data required by this subdivision is available
shall be mailed at least 14 days prior to the first meeting to an
interested party who files a written request with the city, county,
or city and county for mailed notice of a meeting on a new or
increased fee to be enacted by the city, county, or city and county.
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 of the city, county, or
city and county may establish a reasonable annual charge for sending
notices based on the estimated cost of providing the service. The
legislative body may send the notice electronically. At least 10 days
prior to the meeting, the city, county, or city and county shall
make available to the public the data indicating the amount of cost,
or the estimated cost, required to provide the public facilities and
the revenue sources anticipated to fund those public facilities,
including general fund revenues. The new or increased fee shall be
effective no earlier than 60 days following the final action on the
adoption or increase of the fee, unless the city, county, or city and
county follows the procedures set forth in subdivision (b) of
Section 66017.
(c) If a city, county, or city and county receives a request for
mailed notice pursuant to this section, or a local agency receives a
request for mailed notice pursuant to Section 66016, the city,
county, or city and county or other local agency may provide the
notice via electronic mail for those who specifically request
electronic mail notification. A city, county, city or county, or
other local agency that provides electronic mail notification
pursuant to this subdivision shall send the electronic mail
notification to the electronic mail address indicated in the request.
The electronic mail notification authorized by this subdivision
shall operate as an alternative to the mailed notice required by this
section.