BILL NUMBER: SB 1491	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator McPherson

                        FEBRUARY 19, 2004

   An act to amend Section 54999.3 of the Government Code, relating
to capital facilities fees.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 1491, as introduced, McPherson.  Capital facilities fees:
increase.
   Existing law generally sets forth certain conditions on the
imposition of a capital facilities fee on any school district, county
office of education, community college district, or state agency, or
the California State University, the University of California, by a
public agency providing public utility service.
   This bill would make technical, nonsubstantive changes to these
provisions.
   Vote:  majority.  Appropriation:  no.  Fiscal committee:  no.
State-mandated local program:  no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 54999.3 of the Government Code is amended to
read:
   54999.3.   However, the   The 
imposition of a capital facilities fee on any school district, county
office of education,  or  community college district, the
California State University, the University of California, or 
any  state agency shall be subject to the following:
   (a) Where  necessary to defray the actual construction costs of
that portion of a public utility facility actually serving a public
agency, any public agency providing public utility service on or
after July 21, 1986, may continue to charge any capital facilities
fee  which  that  was imposed prior to that
date on the public agency using the public utility service and was
not protested or challenged pursuant to law prior to January 1, 1987,
or increase that capital facility fee in an amount not to exceed the
percentage increase in the Implicit Price Deflator for State and
Local Government Purchases, as determined by the Department of
Finance and any public agency shall pay any capital facilities fees
authorized by this subdivision.
   (b) On and after July 21, 1986, any public agency proposing to
initially impose a capital facilities fee or to increase an existing
capital facilities fee in excess of the amount set forth in
subdivision (a), may do so after agreement has been reached between
the two agencies through negotiations entered into by both parties.
   (c) Upon request of the affected public agency or upon increase
pursuant to subdivision (a), the public agency imposing or increasing
the fee shall identify the amount of the capital facilities fee.
The public agency imposing or increasing the capital facilities fee
has the burden of producing evidence to establish that the capital
facilities fee is nondiscriminatory and that the amount of the
capital facilities fee does not exceed the amount necessary to
provide capital facilities for which the fee is charged.