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

a. See Govt. Code §65995.5(c): The number of unhoused students identified in the Needs
Analysis, multiplied by the regular grant amount per each grade level, plus the sum of site
acquisition and development costs, less local funds “dedicated” by the governing board, for
school facilities necessitated by new construction, divided by the projected total square footage
of residential units anticipated to be constructed during the next 5 years
(1) Site acquisition costs are limited to 50% and site development costs cannot exceed two
times the amount funded by the SAB (Govt. Code §65995.5(h) and Ed. Code §17072.12)
(2) Local funds are all funds dedicated by the governing board to provide facilities
necessitated by new construction, including commercial and industrial fees (Govt. Code
§65995.5(c)(2)).
Refer to Annual and Five Year Developer Fee Reports required per Govt. Code §§66001 and
66006 to identify “dedicated” funds
(3) Projected square footage shall be determined by information from the city or county
where the new residential units are anticipated to be constructed or by a market report prepared
by an independent third party
(4) The regular grant amount is a per-unhoused pupil grant that excludes the cost of interim
housing, central administration, and other site specific facilities, therefore state funding received
will be less than the amount required to provide adequate facilities and developer fees will most
likely be necessary to satisfy the deficiency
3. Elementary and High School Districts that split developer fees (Ed. Code §17623) must
each satisfy the requirements to levy the Alternative Statutory Fee described above (Govt. Code
§65995.5(d))
4. Level 2 Fee may be used only to finance the school facilities identified in the Needs
Analysis as required to accommodate students generated from new residential construction
(Govt. Code §65995.5(f)). The amount of the district’s share of the Level 1 Fee will be deducted
from the Level 2 Fee to determine the amount of funds available to spend on administrative
costs.
D. Level 3 Fees (Govt. Code §65995.7).
1. Requirements to levy the Level 3 Fee
a. State funding is not available (Govt. Code §65995.7(a))
(1) The SAB is no longer approving apportionments for new
construction per Ed. Code §17072.20 due to lack of funds and the
SAB has notified the Secretary of the Senate and the Chief Clerk
of the Assembly, in writing, of the determination that funds are no
longer available.