Senate Bill 50 and School Facility Fees - California's Coalition for ...

5. Prior to adoption of the Needs Analysis at the public hearing, the governing board must
respond to any written comments received. There is no legal requirement for this response to be
in writing, and a district could respond to any written comments orally at the public hearing
6. Conduct a public hearing and adopt Needs Analysis by resolution of the governing board
7. File Notice of Exemption under CEQA with local County Clerk and post copy in District
office for 30 days.
Note: Govt. Code §65995.6(g) provides that CEQA “may not” apply to the adoption of the
Needs Analysis whereas Ed. Code §17621 specifically exempts the adoption of the Fee
Justification Study from CEQA. Although the committee believes that this language is intended
to exempt the adoption of the Needs Analysis from CEQA, districts should consult with legal
counsel as to the necessary CEQA requirements prior to adopting the Needs Analysis.
E. Effective Date of the Alternative School Fees (Govt. Code §65995.6(f))
1. The Level 2 Fee and the Level 3 Fee are effective immediately upon adoption of the
resolution by the governing board
2. The Alternative School Fees (Level 2 and Level 3 Fees) supported by the Needs Analysis
are valid for 1 year and may be revised at any time
Section 5
Glossary
Alternate School Fees School facilities fees permitted pursuant to Government Code
Section 65995.5 (Level 2 Fee) and 65995.7. (Level 3 Fee)
CDE California Department of Education
CEQA California Environmental Quality Act (Public Resources Code
Section 21000 et. seq.)
CFD Community facilities district formed pursuant to the
Mello-Roos Community Facilities Act of 1982, Government Code
Section 53311
Condition of Approval A condition adopted by a city or county requiring certain action by
a developer/property owner to mitigate impacts on school facilities
prior to project approval
DSA Division of State Architect