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