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ASSEMBLY BILL 3081 (OLBERG – 1996)

CHAPTER 549, STATUTES OF 1996, AB 3081

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As enacted, Assembly Bill 3081 amended Government Code sections 66000 and 66020, pertaining to fees for development of real property.  (See Exhibit #1h)  The bill affected these two sections only.  (See Exhibit #1h)  Assembly member Keith Olberg introduced Assembly Bill 3081 on February 23, 1996.  (See Exhibit #1a) 

Assembly Bill 3081 was assigned to the Assembly Committee on Local Government and the Senate Committee on Housing and Land Use and the Senate Committee on Judiciary where policy issues raised by the bill were considered.  (See Exhibits #3, #7, and #9)  The Assembly amended the bill on April 18 and May 16, 1996, and the Senate made four amendments on June 12, July 8, August 14, and August 15, 1996.  (See Exhibits #1b through #1g and #2) 
Assembly Bill 3081 was enrolled to the Governor on September 10, 1996 and Governor Pete Wilson signed the bill on September 15, 1996.  (See Exhibit #2) Assembly Bill 3081 was recorded by the Secretary of State on September 16, 1996 as Chapter 549 of the Statutes of that year.  (See Exhibits #1h and #2) 

The Third Reading analysis prepared by the Office of Senate Floor Analyses provided the following summary of Assembly Bill 3081 as it was last amended on August 15, 1996:

DIGEST: This bill clarifies the procedures for filing a challenge to the imposition of a developer fee.

Senate Floor Amendments of 8/15/96 require that the notice to developers specified in this bill include a statement of the amount of fees imposed upon the developer.  The purpose of the amendments is to ensure that cities and counties do not argue that a fee has been “imposed” at a preliminary stage of the project when the exact amount of the fee has not yet been determined (i.e., when a per-unit fee formula is adopted, but the exact number of units has not been approved).
(See Exhibit #11b, page 1)