2007 California Government Code Article 5. Fees

CA Codes (gov:66483-66484.5)

GOVERNMENT CODE
SECTION 66483-66484.5



66483.  There may be imposed by local ordinance a requirement for
the payment of fees for purposes of defraying the actual or estimated
costs of constructing planned drainage facilities for the removal of
surface and storm waters from local or neighborhood drainage areas
and of constructing planned sanitary sewer facilities for local
sanitary sewer areas, subject to the following conditions:
   (a) The ordinance has been in effect for a period of at least 30
days prior to the filing of the tentative map or parcel map if no
tentative map is required.
   (b) The ordinance refers to a drainage or sanitary sewer plan
adopted for a particular drainage or sanitary sewer area which
contains an estimate of the total costs of constructing the local
drainage or sanitary sewer facilities required by the plan, and a map
of such area showing its boundaries and the location of such
facilities.
   (c) The drainage or sanitary sewer plan, in the case of a city
situated in a county having a countywide general drainage or sanitary
sewer plan, has been determined by resolution of the legislative
body of the county to be in conformity with such a county plan; or in
the case of a city situated in a county not having such a plan but
in a district having such a plan, has been determined by resolution
of the legislaive body of the district to be in conformity with the
district general plan; or in the case of a city situated in a county
having such a plan and in a district having such a plan, has been
determined by resolution of the legislative body of the county to be
in conformity with such a plan and by resolution of the legislative
body of the district to be in conformity with the district general
plan.
   (d) The costs, whether actual or estimated, are based upon
findings by the legislative body which has adopted the local plan,
that subdivision and development of property within the planned local
drainage area or local sanitary sewer area will require construction
of the facilities described in the drainage or sewer plan, and that
the fees are fairly apportioned within such areas either on the basis
of benefits conferred on property proposed for subdivision or on the
need for such facilities created by the proposed subdivision and
development of other property within such areas.
   (e) The fee as to any property proposed for subdivision within
such a local area does not exceed the pro rata share of the amount of
the total actual or estimated costs of all facilities within such
area which would be assessable on such property if such costs were
apportioned uniformly on a per-acre basis.
   (f) The drainage or sanitary sewer facilities planned are in
addition to existing facilities serving the area at the time of the
adoption of such a plan for the area.
   Such fees shall be paid to the local public agencies which provide
drainage or sanitary sewer facilities, and shall be deposited by
such agencies into a "planned local drainage facilities fund" and a
"planned local sanitary sewer fund," respectively.  Separate funds
shall be established for each local drainage and sanitary sewer area.
  Moneys in such funds shall be expended solely for the construction
or reimbursement for construction of local drainage or sanitary sewer
facilities within the area from which the fees comprising the fund
were collected, or to reimburse the local agency for the cost of
engineering and administrative services to form the district and
design and construct the facilities.  The local ordinance may provide
for the acceptance of considerations in lieu of the payment of fees.

   A local agency imposing or requesting the imposition of, fees
pursuant to this section, including the agencies providing the
facilities, may advance money from its general fund to pay the costs
of constructing such facilities within a local drainage or sanitary
sewer area and reimburse the general fund for such advances from the
planned local drainage or sanitary sewer facilities fund for the
local drainage or sanitary sewer area in which the drainage or
sanitary sewer facilities were constructed.
   A local agency receiving fees pursuant to this section may incur
an indebtedness for the construction of drainage or sanitary sewer
facilities within a local drainage or sanitary sewer area; provided
that the sole security for repayment of such indebtedness shall be
moneys in the planned local drainage or sanitary sewer facilities
fund.


66483.1.  After completion of the facilities and the payment of all
claims from any "planned local drainage facilities fund" or any
"planned local sanitary sewer fund," the legislative body of a county
or city shall determine by resolution the amount of the surplus, if
any, remaining in any of those funds.  Any surplus shall be used, in
those amounts as the legislative body may determine, for one or more
of the following purposes:
   (a) For transfer to the general fund of the county or city,
provided that the amount of the transfer shall not exceed 5 percent
of the total amount expended from the particular fund, and provided
that the funds transferred are used to support the operation and
maintenance of those facilities for which the fees were collected;
   (b) For the construction of additional or modified facilities
within the particular drainage or sanitary sewer area; or
   (c) As a refund in the manner provided in Section 66483.2.



66483.2.  Any surplus remaining shall be refunded as follows:
   (a) There shall be refunded to the current owners of property for
which a fee was previously collected, the balance of such moneys in
the same proportion which each individual fee collected bears to the
total of all individual fees collected from the particular drainage
or sewer area;
   (b) Where property for which a fee was previously collected has
subsequently been subdivided into more than one lot, each current
owner of a lot shall share in the refund payable to the owners of the
property for which a fee was previously collected in the same
proportion which the area of each individual lot bears to the total
area of the property for which a fee was previously collected; and
   (c) There shall be transferred to the general fund of the county
or city any remaining portion of the surplus which has not been paid
to or claimed by the persons entitled thereto within two years from
the date either of the completion of the improvements, or the
adoption by the legislative body of a resolution declaring a surplus,
whichever is later to occur.



66484.  (a) A local ordinance may require the payment of a fee as a
condition  of approval of a final map or as a condition of issuing a
building permit for purposes of defraying the actual or estimated
cost of constructing bridges over waterways, railways, freeways, and
canyons, or constructing major thoroughfares.  The ordinance may
require payment of fees pursuant to this section if all of the
following requirements are satisfied:
   (1) The ordinance refers to the circulation element of the general
plan and, in the case of bridges, to the transportation or flood
control provisions thereof which identify railways, freeways,
streams, or canyons for which bridge crossings are required on the
general plan or local roads and in the case of major thoroughfares,
to the provisions of the circulation element which identify those
major thoroughfares whose primary purpose is to carry through traffic
and provide a network connecting to the state highway system, if the
circulation element, transportation or flood control provisions have
been adopted by the local agency 30 days prior to the filing of a
map or application for a building permit.
   (2) The ordinance provides that there will be a public hearing
held by the governing body for each area benefited.  Notice shall be
given pursuant to Section  65091 and shall include preliminary
information related to the boundaries of the area of benefit,
estimated cost, and the method of fee apportionment.  The area of
benefit may include land or improvements in addition to the land or
improvements which are the subject of any map or building permit
application considered at the proceedings.
   (3) The ordinance provides that at the public hearing, the
boundaries of the area of benefit, the costs, whether actual or
estimated, and a fair method of allocation of costs to the area of
benefit and fee apportionment are established.  The method of fee
apportionment, in the case of major thoroughfares, shall not provide
for higher fees on land which abuts the proposed improvement except
where the abutting property is provided direct usable access to the
major thoroughfare.  A description of the boundaries of the area of
benefit, the costs, whether actual or estimated, and the method of
fee apportionment established at the hearing shall be incorporated in
a resolution of the governing body, a certified copy of which shall
be recorded by the governing body conducting the hearing with the
recorder of the county in which the area of benefit is located.  The
apportioned fees shall be applicable to all property within the area
of benefit and shall be payable as a condition of approval of a final
map or as a condition of issuing a building permit for the property
or portions of the property.  Where the area of benefit includes
lands not subject to the payment of fees pursuant to this section,
the governing agency shall make provision for payment of the share of
improvement costs apportioned to those lands from other sources.
   (4) The ordinance provides that payment of fees shall not be
required unless the major thoroughfares are in addition to, or a
reconstruction of, any existing major thoroughfares serving the area
at the time of the adoption of the boundaries of the area of benefit.

   (5) The ordinance provides that payment of fees shall not be
required unless the planned bridge facility is an original bridge
serving the area or an addition to any existing bridge facility
serving the area at the time of the adoption of the boundaries of the
area of benefit.  The fees shall not be expended to reimburse the
cost of existing bridge facility construction.
   (6) The ordinance provides that if, within the time when protests
may be filed under the provisions of the ordinance, there is a
written protest, filed with the clerk of the legislative body, by the
owners of more than one-half of the area of the property to be
benefited by the improvement, and sufficient protests are not
withdrawn so as to reduce the area represented to less than one-half
of that to be benefited, then the proposed proceedings shall be
abandoned, and the legislative body shall not, for one year from the
filing of that written protest, commence or carry on any proceedings
for the same improvement or acquisition under the provisions of this
section.
   (b) Any protest may be withdrawn by the owner protesting, in
writing, at any time prior to the conclusion of a public hearing held
pursuant to the ordinance.
   (c) If any majority protest is directed against only a portion of
the improvement then all further proceedings under the provisions of
this section to construct that portion of the improvement so
protested against shall be barred for a period of one year, but the
legislative body may commence new proceedings not including any part
of the improvement or acquisition so protested against.  Nothing  in
this section prohibits a legislative body, within that one-year
period, from commencing and carrying on new proceedings for the
construction of a portion of the improvement so protested against if
it finds, by the affirmative vote of four-fifths of its members, that
the owners of more than one-half of the area of the property to be
benefited are in favor of going forward with that portion of the
improvement or acquisition.
   (d) Nothing in this section precludes the processing and
recordation of maps in accordance with other provisions of this
division if the proceedings are abandoned.
   (e) Fees paid pursuant to an ordinance adopted pursuant to this
section shall be deposited in a planned bridge facility or major
thoroughfare fund.  A fund shall be established for each planned
bridge facility project or each planned major thoroughfare project.
If the benefit area is one in which more than one bridge is required
to be constructed, a fund may be so established covering all of the
bridge projects in the benefit area.  Money in the fund shall be
expended solely for the construction or reimbursement for
construction of the improvement serving the area to be benefited and
from which the fees comprising the fund were collected, or to
reimburse the local agency for the cost of constructing the
improvement.
   (f) An ordinance adopted pursuant to this section may provide for
the acceptance of considerations in lieu of the payment of fees.
   (g) A local agency imposing fees pursuant to this section may
advance money from its general fund or road fund to pay the cost of
constructing the improvements and may reimburse the general fund or
road fund for any advances from planned bridge facility or major
thoroughfares funds established to finance the construction of those
improvements.
   (h) A local agency imposing fees pursuant to this section may
incur an interest-bearing indebtedness for the construction of bridge
facilities or major thoroughfares.  However, the sole security for
repayment of that indebtedness shall be moneys in planned bridge
facility or major thoroughfares funds.
   (i) The term "construction" as used in this section includes
design, acquisition of right-of-way, administration of construction
contracts, and actual construction.
   (j) The term "construction," as used in this section, with respect
to the unincorporated area of San Diego County only, includes
design, acquisition of rights-of-way, and actual construction,
including, but not limited to, all direct and indirect environmental,
engineering, accounting, legal, administration of construction
contracts, and other services necessary therefor.  The term
"construction," with respect to the unincorporated area of San Diego
County only, also includes reasonable administrative expenses, not
exceeding three hundred thousand dollars (0,000) in any calendar
year after January 1, 1986, as adjusted annually for any increase or
decrease in the Consumer Price Index of the Bureau of Labor
Statistics of the United States Department of Labor for all Urban
Consumers, San Diego, California (1967 = 100), as published by the
United States Department of Commerce for the purpose of constructing
bridges and major thoroughfares.  "Administrative expenses" means
those office, personnel, and other customary and normal expenses
associated with the direct management and administration of the
agency, but not including costs of construction.
   (k) Nothing in this section precludes a county or city from
providing funds for the construction of bridge facilities or major
thoroughfares to defray costs not allocated to the area of benefit.




66484.3.  (a) Notwithstanding Section 53077.5, the Board of
Supervisors of the County of Orange and the city council or councils
of any city or cities in that county may, by ordinance, require the
payment of a fee as a condition of approval of a final map or as a
condition of issuing a building permit for purposes of defraying the
actual or estimated cost of constructing bridges over waterways,
railways, freeways, and canyons, or constructing major thoroughfares.

   (b) The local ordinance may require payment of fees pursuant to
this section if:
   (1) The ordinance refers to the circulation element of the general
plan and, in the case of bridges, to the transportation provisions
or flood control provisions of the general plan which identify
railways, freeways, streams, or canyons for which bridge crossings
are required on the general plan or local roads, and in the case of
major thoroughfares, to the provisions of the circulation element
which identify those major thoroughfares whose primary purpose is to
carry through traffic and provide a network connecting to or which is
part of the state highway system, and the circulation element,
transportation provisions, or flood control provisions have been
adopted by the local agency 30 days prior to the filing of a map or
application for a building permit.  Bridges which are part of a major
thoroughfare need not be separately identified in the transportation
or flood control provisions of the general plan.
   (2) The ordinance provides that there will be a public hearing
held by the governing body for each area benefited.  Notice shall be
given pursuant to Section 65905.  In addition to the requirements of
Section 65905, the notice shall contain preliminary information
related to the boundaries of the area of benefit, estimated cost, and
the method of fee apportionment.  The area of benefit may include
land or improvements in addition to the land or improvements which
are the subject of any map or building permit application considered
at the proceedings.
   (3) The ordinance provides that at the public hearing, the
boundaries of the area of benefit, the costs, whether actual or
estimated, and a fair method of allocation of costs to the area of
benefit and fee apportionment are established.  The method of fee
apportionment, in the case of major thoroughfares, shall not provide
for higher fees on land which abuts the proposed improvement except
where the abutting property is provided direct usable access to the
major thoroughfare.  A description of the boundaries of the area of
benefit, the costs, whether actual or estimated, and the method of
fee apportionment established at the hearing shall be incorporated in
a resolution of the governing body, a certified copy of which shall
be recorded by the governing body conducting the hearing with the
recorder of the County of Orange.  The resolution may subsequently be
modified in any respect by the governing body. Modifications shall
be adopted in the same manner as the original resolution, except that
the resolution of a city or county which has entered into a joint
exercise of powers agreement pursuant to subdivision (f), relating to
constructing bridges over waterways, railways, freeways, and canyons
or constructing major thoroughfares by the joint powers agency, may
be modified by the joint powers agency following public notice and a
public hearing, if the joint powers agency has complied with all
applicable laws, including Chapter 5 (commencing with Section 66000)
of Division 1.  Any modification shall be subject to the protest
procedures prescribed by paragraph (6).  The resolution may provide
for automatic periodic adjustment of fees based upon the California
Construction Cost Index prepared and published by the Department of
Transportation, without further action of the governing body,
including, but not limited to, public notice or hearing.  The
apportioned fees shall be applicable to all property within the area
of benefit and shall be payable as a condition of approval of a final
map or as a condition of issuing a building permit for any of the
property or portions of the property.  Where the area of benefit
includes lands not subject to the payment of fees pursuant to this
section, the governing body shall make provision for payment of the
share of improvement costs apportioned to those lands from other
sources, but those sources need not be identified at the time of the
adoption of the resolution.
   (4) The ordinance provides that payment of fees shall not be
required unless the major thoroughfares are in addition to, or a
reconstruction or widening of, any existing major thoroughfares
serving the area at the time of the adoption of the boundaries of the
area of benefit.
   (5) The ordinance provides that payment of fees shall not be
required unless the planned bridge facility is an original bridge
serving the area or an addition to any existing bridge facility
serving the area at the time of the adoption of the boundaries of the
area of benefit.  Fees imposed pursuant to this section shall not be
expended to reimburse the cost of existing bridge facility
construction, unless these costs are incurred in connection with the
construction of an addition to an existing bridge for which fees may
be required.
   (6) The ordinance provides that if, within the time when protests
may be filed under its provisions, there is a written protest, filed
with the clerk of the legislative body, by the owners of more than
one-half of the area of the property to be benefited by the
improvement, and sufficient protests are not withdrawn so as to
reduce the area represented to less than one-half of that to be
benefited, then the proposed proceedings shall be abandoned, and the
legislative body shall not, for one year from the filing of that
written protest, commence or carry on any proceedings for the same
improvement or acquisition under this section, unless the protests
are overruled by an affirmative vote of four-fifths of the
legislative body.
   Nothing in this section shall preclude the processing and
recordation of maps in accordance with other provisions of this
division if proceedings are abandoned.
   Any protests may be withdrawn in writing by the owner who filed
the protest, at any time prior to the conclusion of a public hearing
held pursuant to the ordinance.
   If any majority protest is directed against only a portion of the
improvement  then all further proceedings under the provisions of
this section to construct that portion of the improvement so
protested against shall be barred for a period of one year, but the
legislative body shall not be barred from commencing new proceedings
not including any part of the improvement or acquisition so protested
against.  Nothing in this section shall prohibit the legislative
body, within the one-year period, from commencing and carrying on new
proceedings for the construction of a portion of the improvement so
protested against if it finds, by the affirmative vote of four-fifths
of its members, that the owners of more than one-half of the area of
the property to be benefited are in favor of going forward with that
portion of the improvement or acquisition.
   If the provisions of this paragraph (6), or provisions
implementing this paragraph contained in any ordinance adopted
pursuant to this section, are held invalid, that invalidity shall not
affect other provisions of this section or of the ordinance adopted
pursuant thereto, which can be given effect without the invalid
provision, and to this end the provisions of this section and of an
ordinance adopted pursuant thereto are severable.
   (c) Fees paid pursuant to an ordinance adopted pursuant to this
section shall be deposited in a planned bridge facility or major
thoroughfare fund.  A fund shall be established for each planned
bridge facility project or each planned major thoroughfare project.
If the benefit area is one in which more than one bridge or major
thoroughfare is required to be constructed, a fund may be so
established covering all of the bridge or major thoroughfare projects
in the benefit area.  Except as otherwise provided in subdivision
(g), moneys in the fund shall be expended solely for the construction
or reimbursement for construction of the improvement serving the
area to be benefited and from which the fees comprising the fund were
collected, or to reimburse the county or a city for the cost of
constructing the improvement.
   (d) An ordinance adopted pursuant to this section may provide for
the acceptance of considerations in lieu of the payment of fees.
   (e) The county or a city imposing fees pursuant to this section
may advance money from its general fund or road fund to pay the cost
of constructing the improvements and may reimburse the general fund
or road fund from planned bridge facilities or major thoroughfares
funds established to finance the construction of the improvements.
   (f) The county or a city imposing fees pursuant to this section
may incur an interest-bearing indebtedness for the construction of
bridge facilities or major thoroughfares.  The sole security for
repayment of the indebtedness shall be moneys in planned bridge
facilities or major thoroughfares funds.  A city or county imposing
fees pursuant to this section may enter into joint exercise of powers
agreements with other local agencies imposing fees pursuant to this
section, for the purpose of, among others, jointly exercising as a
duly authorized original power established by this section, in
addition to those through a joint exercise of powers agreement, those
powers authorized in Chapter 5 (commencing with Section 31100) of
Division 17 of the Streets and Highways Code for the purpose of
constructing bridge facilities and major thoroughfares in lieu of a
tunnel and appurtenant facilities,  and, notwithstanding Section
31200 of the Streets and Highways Code, may acquire by dedication,
gift, purchase, or eminent domain, any franchise, rights, privileges,
easements, or other interest in property, either real or personal,
necessary therefor on segments of the state highway system,
including, but not limited to, those segments of the state highway
system eligible for federal participation pursuant to Title 23 of the
United States Code.
   An entity constructing bridge facilities and major thoroughfares
pursuant to this section shall design and construct the bridge
facilities and major thoroughfares to the standards and
specifications of the Department of Transportation then in effect,
and may, at any time, transfer all or a portion of the bridge
facilities and major thoroughfares to the state subject to the terms
and conditions as shall be satisfactory to the Director of the
Department of Transportation.  Any of these bridge facilities and
major thoroughfares shall be designated as a portion of the state
highway system prior to its transfer.  The participants in a  joint
exercise of powers agreement may also exercise as a duly authorized
original power established by this section the power to establish and
collect toll charges only for paying for the costs of construction
of the major thoroughfare for which the toll is charged and for the
costs of collecting the tolls,  except that a joint powers agency,
which is the lending agency, may, notwithstanding subdivision (c),
make toll revenues and fees imposed pursuant to this section
available to another joint powers agency, which is the borrowing
agency, established for the purpose of designing, financing, and
constructing coordinated and interrelated major thoroughfares, in the
form of a subordinated loan, to pay for the cost of construction and
toll collection of major thoroughfares other than the major
thoroughfares for which the toll or fee is charged, if the lending
agency has complied with all applicable laws, including Chapter 5
(commencing with Section 66000) of Division 1, and if the borrowing
agency is required to pay interest on the loan to the lending agency
at a rate equal to the interest rate charged on funds loaned from the
Pooled Money Investment Account.  Prior to executing the loan, the
lending agency shall make all of the following findings:
   (1) The major thoroughfare for which the toll or fee is charged
will benefit from the construction of the major thoroughfare to be
constructed by the borrowing agency or will benefit financially by a
sharing of revenues with the borrowing agency.
   (2) The lending agency will possess adequate financial resources
to fund all costs of construction of existing and future projects
that it plans to undertake prior to the final maturity of the loan,
after funding the loan, and taking into  consideration its then
existing funds, its present and future obligations, and the revenues
and fees it expects to receive.
   (3) The funding of the loan will not materially impair its
financial condition or operations during the term of the loan.
   Major thoroughfares from which tolls are charged shall utilize the
toll collection equipment most capable of moving vehicles
expeditiously and efficiently, and which is best suited for that
purpose, as determined by the participants in the joint exercise of
powers agreement.  However, in no event shall the powers authorized
in Chapter 5 (commencing with Section 31100) of Division 17 of the
Streets and Highways Code be exercised unless a resolution is first
adopted  by the legislative body of the agency finding that adequate
funding for the portion of the cost of constructing those bridge
facilities and major thoroughfares not funded by the development fees
collected by the agency is not available from any federal, state, or
other source.  Any  major thoroughfare constructed and operated as a
toll road pursuant to this section shall only be constructed
parallel to other public thoroughfares and highways.
   (g) The term "construction," as used in this section, includes
design, acquisition of rights-of-way, and actual construction,
including, but not limited to, all direct and indirect environmental,
engineering, accounting, legal, administration of construction
contracts, and other services necessary therefor.  The term
"construction" also includes reasonable general agency administrative
expenses, not exceeding three hundred thousand dollars (0,000) in
any calendar year after January 1, 1986,  as adjusted annually for
any increase or decrease in the Consumer Price Index of the Bureau of
Labor Statistics of the United States Department of Labor for all
Urban Consumers, Los Angeles-Long Beach-Anaheim, California
(1967=100), as published by the United States Department of Commerce,
by  each agency created pursuant to Article 1 (commencing with
Section 6500) of Chapter 5 of Division 7 of Title 1 for the purpose
of constructing bridges and major thoroughfares.  "General agency
administrative expenses" means those office, personnel, and other
customary and normal expenses associated with the direct management
and administration of the agency, but not including costs of
construction.
   (h) Fees paid pursuant to an ordinance adopted pursuant to this
section may be utilized to defray all direct and indirect financing
costs related to the construction of the bridges and major
thoroughfares by the joint powers agency.  Because the financing
costs of bridges and major thoroughfares for which a toll charge
shall be established or collected represent a necessary element of
the total cost of those bridges and major thoroughfares, the joint
powers agency constructing those facilities may include a charge for
financing costs in the calculation of the fee rate.  The charge shall
be based on the estimated financing cost of any eligible portion of
the bridges and major thoroughfares for which tolls shall be
collected.  The eligible portion shall be any or all portions of the
major  thoroughfare for which a viable financial plan has been
adopted by the joint powers agency on the basis of revenues
reasonably expected by the  joint powers agency to be available to
the thoroughfare, after consultation with representatives of the fee
payers.  For purposes of calculating the charge, financing costs
shall include only reasonable allowances for payments and charges for
principal, interest, and premium on indebtedness, letter of credit
fees and charges, remarketing  fees and charges, underwriters'
discount, and other costs of issuance, less net earnings on bridge
and major thoroughfare funds by the joint powers agency prior to the
opening of the facility to traffic after giving effect to any
payments from the fund to preserve the federal income tax exemption
on the indebtedness.  For purposes of calculating the charge for
financing costs in the calculation of the fee rate only, financing
costs shall not include any allowance for the cost of any interest
paid on indebtedness with regard to each eligible portion after the
estimated opening of the portion to traffic as established by the
joint powers agency.  Any and all challenges to any financial plan or
financing costs adopted or calculated pursuant to this section shall
be governed by subdivision (k).
   (i) Nothing in this section shall be construed to preclude the
County of Orange or any city within that county from providing funds
for the construction of bridge facilities or major thoroughfares to
defray costs not allocated to the area of benefit.
   (j) Any city within the County of Orange may require the payment
of fees in accordance with this section as to any property in an area
of benefit within the city's boundaries, for facilities shown on its
general plan or the county's general plan, whether the facilities
are situated within or outside the boundaries of the city, and the
county may expend fees for facilities or portions thereof located
within cities in the county.
   (k) The validity of any fee required pursuant to this section
shall not be contested in any action or proceeding unless commenced
within 60 days after recordation of the resolution described in
paragraph (3) of subdivision (b).  The provisions of Chapter 9
(commencing with Section 860) of Title 10 of Part 2 of the Code of
Civil Procedure shall be applicable to any such action or proceeding.
  This subdivision shall also apply to modifications of fee programs.

   (l) If the County of Orange and any city within that county have
entered into a joint powers agreement for the purpose of constructing
the bridges and major thoroughfares referred to in Sections 50029
and 66484.3, and if a proposed change of organization or
reorganization includes any territory of an area of benefit
established pursuant to Sections 50029 and 66484.3, within a
successor local agency, the local agency shall not take any action
that would impair, delay, frustrate, obstruct, or otherwise impede
the construction of the bridges and major thoroughfares referred to
in this section.
   (m) Nothing in this section prohibits the succession of all
powers, obligations, liabilities, and duties of any joint powers
agency created pursuant to subdivision (l) to an entity with
comprehensive countywide transportation planning and operating
authority which is statutorily created in the County of Orange and
which is statutorily authorized to assume those powers, obligations,
liabilities, and duties.



66484.5.  (a) The legislative body of a local agency may adopt an
ordinance requiring the payment of a fee as a condition of approval
of a subdivision requiring a final or parcel map, or as a condition
of issuing a building permit in an area of benefit under a
groundwater recharge facility plan adopted as provided in this
section, for the purpose of constructing recharge facilities for the
replenishment of the underground water supply in that area of
benefit.  The ordinance may require payment of fees pursuant to this
section if, at the time of payment, all of the following requirements
are satisfied:
   (1) A groundwater recharge facility plan for the area to be
benefited has been adopted by the legislative body of the local
agency.  The legislative body shall not adopt the plan until it has
given notice to, and consulted with, the water agency then obligated
to furnish water to the area to be benefited and the water agency has
formally and in writing approved the plan.
   (2) The ordinance has been in effect for a period of at least 30
days prior to the filing of the tentative map, parcel map if no
tentative map is required, or the application for a building permit.

   (3) The ordinance provides that before any groundwater recharge
facility plan is adopted there will be a public hearing held by the
legislative body for the proposed area of benefit.
   Notice of the hearing on a proposed area of benefit shall be given
  pursuant to Section 65091 and shall include preliminary information
concerning the groundwater recharge facility plan, including the
proposed boundaries of the area of benefit, the availability of
surface water, the planned facilities for the area of benefit,
estimated costs, and the proposed method of fee apportionment.
   Written notice of the public hearing shall be given by personal
service or mail to the water agency responsible for furnishing water
to the area of benefit involved in the hearing prior to or at the
time notice is given by mail or by publication and posting.  The
proposal contained in the mailed, published, or posted notice shall
be jointly prepared and agreed upon by the local agency and the water
agency before that notice is given.  The water agency may
participate in the hearings.
   (4) The ordinance provides that the groundwater recharge facility
plan shall be established at the public hearing and, if approved,
adopted by the legislative body.  The plan shall include the
boundaries of the area of benefit, the availability of surface water,
the planned facilities for the area of benefit and the estimated
cost thereof, a fair method of allocating the costs within the area
of benefit, and the apportionment of fees within the area.  The plan,
as adopted by the local agency and approved by the water agency,
shall be incorporated in a resolution of the legislative body and a
certified copy of the plan shall be recorded with the county
recorder.  The apportioned fees shall be applicable to all property
within the area of benefit and shall be payable as a condition of
approval of a final map or a parcel map or as a condition of issuing
a building permit for the property or portions of the property.
Where the area of benefit includes lands not otherwise subject to the
payment of fees pursuant to this section, the legislative body shall
make provision for payment of the share of improvement costs
apportioned to that land by other means.
   (5) The ordinance provides that if, within the time when protests
may be filed under the provisions of the ordinance, there is a
written protest, filed with the clerk of the legislative body, by the
owners of more than one-half of the area of the property to be
benefited by the improvement, and sufficient protests are not
withdrawn so as to reduce the area represented to less than one-half
of the property to be benefited, then the proposed proceedings shall
be abandoned, and the legislative body shall not, for one year from
the filing of that written protest, commence or carry on any
proceedings for the same improvement or acquisition under the
provisions of this section.
   (b) Any protests may be withdrawn in writing by the owner who made
the protest, at any time prior to the conclusion of a public hearing
held pursuant to the ordinance.
   (c) If any majority protest is directed against only a portion of
the improvement, then all further proceedings under this section as
to that portion of the improvement so protested against shall be
barred for a period of one year.  The legislative body, however, may
commence new proceedings which  do not include the area,
acquisitions, or improvements which were the subject of the
successful protest.  Nothing in this section prohibits the
legislative body, within that one-year period, from commencing and
carrying on new proceedings for that portion of the improvement so
protested against if it finds, by the affirmative vote of four-fifths
of its members, that the owners of more than one-half of the area of
the property to be benefited are in favor of going forward with that
portion of the improvement or acquisition.
   (d) Nothing in this section precludes the processing and
recordation of maps in accordance with other provisions of this
division if proceedings are abandoned.
   (e) Subsequent to the adoption of a plan, the local agency may
itself construct, operate, and maintain the groundwater recharge
facilities, or it may designate the water agency furnishing the water
or designate or create another agency to do all or any one of these
things as authorized by law.  In the event any agency other than the
local agency adopting such ordinances is so designated, the services
so rendered shall be pursuant to a written agreement entered into
between the local agency and the other agency.
   (f) Fees paid pursuant to an ordinance adopted pursuant to this
section shall be deposited in a planned recharge facility fund.  A
fund shall be established for each area of benefit.  Money in the
fund shall be expended solely for the construction or reimbursement
for construction of the improvement serving the area to be benefited.

   The fees shall not be expended to reimburse the cost of recharge
facilities in existence prior to the adoption of the groundwater
recharge facility plan for that area.
   (g) An ordinance adopted pursuant to this section may provide for
the acceptance of considerations in lieu of the payment of fees.
   (h) A local agency imposing fees pursuant to this section may
advance money from its general fund to pay the cost of constructing
the improvements and may reimburse the general fund for those
advances from planned recharge facility funds collected to finance
the construction of these improvements.
   (i) A local agency imposing fees pursuant to this section may
incur an interest-bearing indebtedness for the construction of
recharge facilities.  However, the sole security for repayment of
that indebtedness shall be money in planned recharge facility funds.

   (j) Recharge facilities shall not be constructed unless the water
agency approves the design of the facilities to be constructed and
has reached an agreement with the local agency establishing the terms
and conditions under which the water will be furnished.  If the
water agency finds that the facilities have been constructed in
accordance with the approved design, the agency shall furnish water
for the groundwater recharge facilities.
   (k) If the water agency is an irrigation district or other entity
obligated by law to apportion water among the landowners within the
area of benefit, the water agency shall receive credit upon the
obligation for any water delivered for groundwater recharge under the
agreement and shall be relieved of any further obligation to deliver
the amount of water for which it has received such credit to the
landowners or lands within that area.
   (l) Nothing contained in this section entitles a local agency to
collect a fee from a landowner who presently receives and continues
to receive and use the landowner's pro rata share of surface water
from the agency responsible for that area or from a landowner who has
not applied for approval of a final or parcel map or a building
permit.
   (m) A credit for fees paid as authorized by this section shall be
applied against any assessment levied by the local agency to
construct the planned recharge facilities.
   (n) The term "construction," as used in this section, includes
design, acquisition of land or easements, administration of
construction contracts, and actual construction.
   (o) The term "water agency," as used in this section, means the
public or other entity that will furnish water for the operation and
use of a recharge facility under a groundwater recharge facility plan
adopted by a local agency pursuant to this section.
   (p) Nothing in this section precludes a county or city from
providing funds for the construction of recharge facilities to defray
costs not allocated to the area of benefit.

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