Impact fees are expected to be a priority issue for the
legislature during the 2021-2022 legislative session. During the
last legislative session, several bills related to impact fees on
residential development were introduced, which are covered in
this
bulletin article. While these bills stalled due to efforts
for legislators to cut back on bills as a result of the COVID-19
pandemic, the discussion on impact fees is expected to continue
in the upcoming year, and many of these proposals are likely to
be considered once again in 2021.
In light of the discussion on impact fees, the UC Berkeley Terner
Center for Housing Innovation (Terner Center) recently released a
brief that analyzes fire protection, parks, transportation, and
utility nexus studies in eight jurisdictions in California. The
goal of the study was to examine how nexus studies are conducted
and to identify areas for improvement.
The brief recommends that three actions be taken in order to
improve the setting of fees:
Clarifying requirements around level
of service
Tying fees more closely to direct
impacts of new development
Incorporating consideration of
feasibility and creating mechanisms for triggering review
CSAC will continue to advance the policy principles adopted by
the Board of Directors, which include supporting transparency,
reasonable certainty for development proponents, reasonable
metrics for calculation of fees, options for fee deferral, and
state regulatory changes to reduce fees. We will oppose arbitrary
caps or fee waivers, including limitations on levels of service,
as well as unreasonably burdensome reporting requirements. The
CSAC Board-approved policy principles for housing impact fee
legislation are
available here.
