(a) Prior to levying a new fee or capacity charge, a local agency shall evaluate the amount of the fee or capacity charge. The evaluation shall include evidence to support that the fee or capacity charge does not exceed the estimated reasonable cost of providing service, in accordance with Section 66013.

(b) All information constituting the evaluation shall be made publicly available at least 14 days prior to a meeting held in accordance with subdivision (a) of Section 66016.

Ask a real estate law question, get an answer ASAP!
Thousands of highly rated, verified real estate lawyers.
Specialties include: All Real Estate Law, Landlord and Tenant Law, Foreclosure, Homeowners' Association, Trespassing, Property Law, General Legal and more.
Click here to chat with a lawyer about your rights.

Terms Used In California Government Code 66016.6

  • Case law: The law as laid down in cases that have been decided in the decisions of the courts.
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Local agency: as used in this chapter , has the same meaning as provided in Section 66000. See California Government Code 66018.5
  • Subdivision: means a subdivision of the section in which the term occurs unless some other section is expressly mentioned. See California Government Code 10

(c) For purposes of this section:

(1) “Capacity charge” has the same meaning as defined in Section 66013.

(2) “Fee” has the same meaning as defined in Section 66013.

(3) “Local agency” has the same meaning as defined in Section 66013.

(d) Nothing in this section shall be construed to relieve a local agency of the requirement that it comply with Chapter 7 (commencing with Section 66012), the California Constitution, or applicable case law when calculating the amount of a fee.

(Added by Stats. 2022, Ch. 128, Sec. 2. (AB 2536) Effective January 1, 2023.)