Dear Public Agency,
California Government Code Section 66006 (b)
requires all public agencies that collect impact fees from new development to publish an annual report on the fees collected. Public agencies refer to the report under a variety of titles but it is most often listed as the "Annual Development Impact Fee Report" or the "AB 1600 Report," after the Mitigation Fee Act legislation that established the reporting requirements.
BIA|Bay Area is requesting electronic copies of your agency's impact fee reports as required under Gov't Code Section 66006(b) for each of the past five years.
NOTE: I have included Government Code Section 66006 below for your convenience.
66006. (a) If a local agency requires the payment of a fee
specified in subdivision (c) in connection with the approval of a
development project, the local agency receiving the fee shall deposit
it with the other fees for the improvement in a separate capital
facilities account or fund in a manner to avoid any commingling of
the fees with other revenues and funds of the local agency, except
for temporary investments, and expend those fees solely for the
purpose for which the fee was collected. Any interest income earned
by moneys in the capital facilities account or fund shall also be
deposited in that account or fund and shall be expended only for the
purpose for which the fee was originally collected.
(b) (1) For each separate account or fund established pursuant to
subdivision (a), the local agency shall, within 180 days after the
last day of each fiscal year, make available to the public the
following information for the fiscal year:
(A) A brief description of the type of fee in the account or fund.
(B) The amount of the fee.
(C) The beginning and ending balance of the account or fund.
(D) The amount of the fees collected and the interest earned.
(E) An identification of each public improvement on which fees
were expended and the amount of the expenditures on each improvement,
including the total percentage of the cost of the public improvement
that was funded with fees.
(F) An identification of an approximate date by which the
construction of the public improvement will commence if the local
agency determines that sufficient funds have been collected to
complete financing on an incomplete public improvement, as identified
in paragraph (2) of subdivision (a) of Section 66001, and the public
improvement remains incomplete.
(G) A description of each interfund transfer or loan made from the
account or fund, including the public improvement on which the
transferred or loaned fees will be expended, and, in the case of an
interfund loan, the date on which the loan will be repaid, and the
rate of interest that the account or fund will receive on the loan.
(H) The amount of refunds made pursuant to subdivision (e) of
Section 66001 and any allocations pursuant to subdivision (f) of
(2) The local agency shall review the information made available
to the public pursuant to paragraph (1) at the next regularly
scheduled public meeting not less than 15 days after this information
is made available to the public, as required by this subdivision.
Notice of the time and place of the meeting, including the address
where this information may be reviewed, shall be mailed, at least 15
days prior to the meeting, to any interested party who files a
written request with the local agency for mailed notice of the
meeting. Any written request for mailed notices shall be valid for
one year from the date on which it is filed unless a renewal request
is filed. Renewal requests for mailed notices shall be filed on or
before April 1 of each year. The legislative body may establish a
reasonable annual charge for sending notices based on the estimated
cost of providing the service.
(c) For purposes of this section, "fee" means any fee imposed to
provide for an improvement to be constructed to serve a development
project, or which is a fee for public improvements within the meaning
of subdivision (b) of Section 66000, and that is imposed by the
local agency as a condition of approving the development project.
(d) Any person may request an audit of any local agency fee or
charge that is subject to Section 66023, including fees or charges of
school districts, in accordance with that section.
(e) The Legislature finds and declares that untimely or improper
allocation of development fees hinders economic growth and is,
therefore, a matter of statewide interest and concern. It is,
therefore, the intent of the Legislature that this section shall
supersede all conflicting local laws and shall apply in charter
(f) At the time the local agency imposes a fee for public
improvements on a specific development project, it shall identify the
public improvement that the fee will be used to finance.