Summary
In September of 2021, the California Legislature passed Assembly Bill (AB) 602 and the Governor signed it into law. AB 602 created new requirements for development impact fees that went into effect on January 1, 2022. Specifically, the new law amends Government Code Section 65940.1 and added Section 66016.5 to impose the reporting requirements on cities, counties, and special districts. This page is a repository of all the information required to be publicly posted under AB602.
Section 1: Fee Schedules
Current Development Impact Fee Schedule [needs link]
Section 2: Development Information
Affordability Requirements [needs link]
Section 3: Development Impact Fee Reporting
Annual Development Fee Reports (AB 1600):
[need links]
Section 4: Completed Projects
Completed Development Fees and Exactions: Total amount of fees and exactions associated with the project for which certificate of occupancy or final inspection is issued under development.
Section 5: Fee Studies Archive
Current Development Impact Fee Study
Development Impact Fee Nexus Studies
“In addition to new website reporting requirements, AB602 also changed some requirement for impact fee nexus studies. As a summary, AB602 requires a nexus study to be performed every eight years, starting January 1, 2022. All impact fees must now be adopted after the completion of a nexus study. When applicable, nexus studies shall identify the existing level of service for each public facility, identify the proposed new level of service and explain why the new level of service is appropriate. If a nexus study supports the increase of an existing fee, the local agency shall review the assumptions of the nexus study supporting the original fee and evaluate the amount of the fees collected under the original fee. A nexus study adopted after July 1, 2022, shall calculate a fee imposed on a housing development project proportionately to the square footage of the proposed units of the development. A local agency that imposes a fee proportionately to the square footage of the proposed units of the development shall be deemed to have used a valid method to establish a reasonable relationship between the fee charged and the burden posed by the development. The law outlines some possible exceptions to this requirement. All studies shall be adopted at a public hearing with at least 30 days’ notice, and the local agency shall notify any member of the public who requests notice of intent to begin an impact fee nexus study of the date of the hearing.”
