§ 65997. — 65997. (Amended by Stats. 2022, Ch. 571, Sec. 44.)

California § 65997.

• Jurisdiction: California
• Code GOV: Government Code - GOV
• Div.: 1.
• Title 7.: DIVISION 1. PLANNING AND ZONING
• Ch. 4.9.: CHAPTER 4.9. Payment of Fees, Charges, Dedications, or Other Requirements Against a Development Project

Text

(a)
The following provisions shall be the exclusive methods of mitigating environmental effects related to the adequacy of school facilities when considering the approval or the establishment of conditions for the approval of a development project, as defined in Section 17620 of the Education Code, pursuant to Division 13 (commencing with Section 21000) of the Public Resources Code:
(1)
Chapter 12 (commencing with Section 17000) of, or Chapter 12.5 (commencing with Section 17070.10) of, Part 10 of Division 1 of Title 1 of the Education Code.
(2)
Chapter 14 (commencing with Section 17085) of Part 10 of Division 1 of Title 1 of the Education Code.
(3)
Chapter 18 (commencing with Section 17170) of Part 10 of Division 1 of Title 1 of the Education Code.
(4)
Article 2.5 (commencing with Section 17430) of Chapter 4 of Part 10.5 of Division 1 of Title 1 of the Education Code.
(5)
Section 17620 of the Education Code.
(6)
Chapter 2.5 (commencing with Section 53311) of
Part 1 of Division 2 of Title 5.
(7)
Chapter 4.7 (commencing with Section 65970).
(b)
A public agency may not, pursuant to Division 13 (commencing with Section 21000) of the Public Resources Code or Division 2 (commencing with Section 66410) of this code, deny approval of a project on the basis of the adequacy of school facilities.
(c)
(1)
This section shall become operative on or after any statewide election in 2012, if a statewide general obligation bond measure submitted for voter approval in 2012 or thereafter that includes bond issuance authority to fund construction of kindergarten and grades 1 to 12, inclusive, public school facilities is submitted to the voters and fails to be approved.
(2)
(A)
This section shall become inoperative if, subsequent to the failure of a general obligation bond measure described in paragraph (1), a statewide general bond measure as described in paragraph (1) is approved by the voters or provided state resources are available.
(B)
Thereafter, this section shall become operative if a statewide general obligation bond measure submitted for voter approval that includes bond issuance authority to fund construction of kindergarten and grades 1 to 12, inclusive, public school facilities is submitted to the voters and fails to be approved, unless provided state resources are available, and shall become inoperative if, subsequent to the failure of the general obligation bond measure, either a statewide bond measure as described in this subparagraph is approved by the voters or provided state resources are available.
(C)
As used in this section, “provided state resources” means an appropriation for, or deposit into an account that are required to be used for, either the new construction of school facilities or the modernization of school facilities, or both.
(d)
Notwithstanding any other provision of law, a public agency may deny or refuse to approve a legislative act involving, but not limited to, the planning, use, or development of real property, on the basis that school facilities are inadequate, except that a public agency may not require the payment or satisfaction
of a fee, charge, dedication, or other financial requirement in excess of that levied or imposed pursuant to Section 65995 and, if applicable, any amounts specified in Sections 65995.5 or 65995.7.

Legislative History

Amended by Stats. 2022, Ch. 571, Sec. 44. (AB 185) Effective September 27, 2022. Section conditionally operative as prescribed in subd. (c). After becoming operative, this section may become inoperative (and later resume operation) under conditions in subd. (c). Note: Pursuant to Education Code Section 101122 (subd. (d)), which was added Nov. 8, 2016, by Prop. 51, Chapter 4.9 (Sections 65995 to 65998) as it read on Jan. 1, 2015, continues in effect until Dec. 31, 2020, or earlier date prescribed. Thereafter, Chapter 4.9 may be amended.