SB 937 - NYU Furman Center

State Land Use Enacted Legislation

Bill #	State	Year	Party	Topic
SB 937	CA	2024	D	Affordable housing incentives and financing, Development Fees, Impact fees, Waiver of Fees

Provided by Furman

Summary

Requires that connection fees for utilities do not exceed the costs incurred by the utility provider resulting from connection activities; and
Restricts the imposition of fees on residential development projects that include 10 or fewer units, receive a density bonus, dedicate 100 percent of units to lower income households, meet the requirements for a Low Barrier Navigation Center, qualify as affordable housing development in a commercial zone or a mixed income housing development along a commercial corridor, meet the requirements for a ministerial approval process, or is as of right pursuant the Affordable housing on Faith and Higher Education Lands Act of 2023.
Restrictions on the imposition of fees on such residential development projects include:

Deferral of payment of fees or charges for construction of public improvements or facilities until the certificate of occupancy is issued, without interest or other fees charged during the deferral period; and
Pro rata payment of fees based on when each dwelling unit receives its certificate of occupancy if the development contains more than one dwelling

Unless the fees or charges reimburse the local agency for expenditures previously made or if the local agency determines that the fees contribute to water service, sewer, fire, public safety, emergency services, transportation improvements, or school facilities and if the fees collected are specifically appropriated for such purposes.

Exemption from fees for projects that dedicate 100 percent of non-manager units to lower income households and execute a regulatory agreement concerning such units.
Exemption from fees for units reserved for lower income households in projects in which 49 percent or more of units are reserved for lower income households, unless the fee is for schools.
For such units, a developer may post a performance bond or letter of credit to guarantee payment of school fees. Otherwise, the local agency may collect fees through lien or property taxes.

Provided by lawmakers