Ask a legal question, get an answer ASAP!
Click here to chat with a lawyer about your rights.

(a) (1) The governing board of any school district is
authorized to levy a fee, charge, dedication, or other requirement
against any construction within the boundaries of the district, for
the purpose of funding the construction or reconstruction of school
facilities, subject to any limitations set forth in Chapter 4.9
(commencing with Section 65995) of Division 1 of Title 7 of the
Government Code. This fee, charge, dedication, or other requirement
may be applied to construction only as follows:
   (A) To new commercial and industrial construction. The chargeable
covered and enclosed space of commercial or industrial construction
shall not be deemed to include the square footage of any structure
existing on the site of that construction as of the date the first
building permit is issued for any portion of that construction.
   (B) To new residential construction.
   (C) (i) Except as otherwise provided in clause (ii), to other
residential construction, only if the resulting increase in
assessable space exceeds 500 square feet. The calculation of the
"resulting increase in assessable space" for this purpose shall
reflect any decrease in assessable space in the same residential
structure that also results from that construction. Where authorized
under this paragraph, the fee, charge, dedication, or other
requirement is applicable to the total resulting increase in
assessable space.
   (ii) This subparagraph does not authorize the imposition of a
levy, charge, dedication, or other requirement against residential
construction, regardless of the resulting increase in assessable
space, if that construction qualifies for the exclusion set forth in
subdivision (a) of Section 74.3 of the Revenue and Taxation Code.
   (D) To location, installation, or occupancy of manufactured homes
and mobilehomes, as defined in Section 17625.
   (2) For purposes of this section, "construction" and "assessable
space" have the same meaning as defined in Section 65995 of the
Government Code.
   (3) For purposes of this section and Section 65995, "construction
or reconstruction of school facilities" does not include any item of
expenditure for any of the following:
   (A) The regular maintenance or routine repair of school buildings
and facilities.
   (B) The inspection, sampling, analysis, encapsulation, or removal
of asbestos-containing materials, except where incidental to school
facilities construction or reconstruction for which the expenditure
of fees or other consideration collected pursuant to this section is
not prohibited.
   (C) The purposes of deferred maintenance described in Section
17582.
   (4) The appropriate city or county may be authorized, pursuant to
contractual agreement with the governing board, to collect and
otherwise administer, on behalf of the school district, any fee,
charge, dedication, or other requirement levied under this
subdivision. In the event of any agreement authorizing a city or
county to collect that fee, charge, dedication, or other requirement
in any area within the school district, the certification requirement
set forth in subdivision (b) or (c), as appropriate, is deemed to be
complied with as to any residential construction within that area
upon receipt by that city or county of payment of the fee, charge,
dedication, or other requirement imposed on that residential
construction.
   (5) Fees or other consideration collected pursuant to this section
may be expended by a school district for the costs of performing any
study or otherwise making the findings and determinations required
under subdivisions (a), (b), and (d) of Section 66001 of the
Government Code, or in preparing the school facilities needs analysis
described in Section 65995.6 of the Government Code. In addition, an
amount not to exceed, in any fiscal year, 3 percent of the fees
collected in that fiscal year pursuant to this section may be
retained by the school district, city, or county, as appropriate, for
reimbursement of the administrative costs incurred by that entity in
collecting the fees. When any city or county is entitled, under an
agreement as described in paragraph (4), to compensation in excess of
that amount, the payment of that excess compensation shall be made
from other revenue sources available to the school district. For
purposes of this paragraph, "fees collected in that fiscal year
pursuant to this section" does not include any amount in addition to
the amounts specified in paragraphs (1) and (2) of subdivision (b) of
Section 65995 of the Government Code.
   (b) A city or county, whether general law or chartered, may not
issue a building permit for any construction absent certification by
the appropriate school district that any fee, charge, dedication, or
other requirement levied by the governing board of that school
district has been complied with, or of the district's determination
that the fee, charge, dedication, or other requirement does not apply
to the construction. The school district shall issue the
certification immediately upon compliance with the fee, charge,
dedication, or other requirement.
   (c) If, pursuant to subdivision (c) of Section 17621, the
governing board specifies that the fee, charge, dedication, or other
requirement levied under subdivision (a) is subject to the
restriction set forth in subdivision (a) of Section 66007 of the
Government Code, the restriction set forth in subdivision (b) of this
section does not apply. In that event, however, a city or county,
whether general law or chartered, may not conduct a final inspection
or issue a certificate of occupancy, whichever is later, for any
residential construction absent certification by the appropriate
school district of compliance by that residential construction with
any fee, charge, dedication, or other requirement levied by the
governing board of that school district pursuant to subdivision (a).
   (d) Neither subdivision (b) nor (c) shall apply to a city or
county as to any fee, charge, dedication, or other requirement as
described in subdivision (a), or as to any increase in that fee,
charge, dedication, or other requirement, except upon the receipt by
that city or county of notification of the adoption of, or increase
in, the fee or other requirement in accordance with subdivision (c)
of Section 17621.