Gov. Code, § 65940.2 · Article 3. Applications for Development Projects
Gov. Code, § 65940.2
Text — As published in the Legislative Counsel's database, tables dated October 18, 2026 (pubinfo_2025.zip)
(a) A city or county that has an internet website shall make a fee estimate tool that the public can use to calculate an estimate of fees and exactions for a proposed housing development project available on its internet website. A city or county may choose the format of the fee estimate tool.
(1) The fee estimate tool shall calculate an estimate of fees for a proposed housing development project, including, but not limited to, the following:
(A) A fee or charge described in the Mitigation Fee Act (Chapter 5 (commencing with Section 66000), Chapter 6 (commencing with Section 66010), Chapter 7 (commencing with Section 66012), except Section 66013, Chapter 8 (commencing with Section 66016), and Chapter 9 (commencing with Section 66020)).
(B) In-lieu fees for affordability requirements.
(C) A construction excise tax.
(D) In-lieu fees for a requirement that the housing development project provide public art.
(E) In-lieu fees for dedications of parkland imposed pursuant to Section 66477.
(F) A special tax levied on new housing units pursuant to the Mello-Roos Community Facilities Act of 1982 (Chapter 2.5 (commencing with Section 53311) of Part 1 of Division 2 of Title 5).
(2) A city or county shall not be responsible for the accuracy of the estimate provided by the fee estimate tool. A city or county may include a disclaimer regarding the accuracy of the estimate calculated on its internet website under this section.
(b) (1) A city or county with a population of greater than 500,000 shall meet the requirements of this section on or before July 1, 2031.
(2) A city or county with a population of 500,000 or fewer shall meet the requirements of this section on or before July 1, 2032.
(c) For purposes of this section, the following definitions apply:
(1) “Affordability requirement” means a requirement imposed as a condition of a development of residential units, that the development include a certain percentage of the units affordable for rent or sale to households with incomes that do not exceed the limits for moderate-income, lower income, very low income, or extremely low income households specified in Sections 50079.5, 50093, 50105, and 50106 of the Health and Safety Code.
(2) “Housing development project” means a use consisting of any of the following:
(A) Residential units only.
(B) Mixed-use developments consisting of residential and nonresidential uses with at least two-thirds of the square footage designated for residential use.
(C) Transitional housing or supportive housing.
Notes and commentary — not statutory text
History
Added by Stats. 2024, Ch. 752, Sec. 1. (AB 3012) Effective January 1, 2025.
Source of truth
- Edition
- As published in the Legislative Counsel's database, tables dated October 18, 2026 (pubinfo_2025.zip)
- Official file
- https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=GOV§ionNum=65940.2.
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- Composed by
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This section cites
Provisions in this library that the text above cites, as it prints each citation. A range cited as “ss. 61.13-61.16” links its first and last provisions.
Government Code
- Gov. Code, tit. 5, div. 2, pt. 1, ch. 2.5The Mello-Roos Community Facilities Act of 1982Printed as Chapter 2.5 (commencing with Section 53311) of Part 1 of Division 2 of Title 5
- Gov. Code, tit. 7, div. 1, ch. 5Fees for Development ProjectsPrinted as Chapter 5 (commencing with Section 66000)
- Gov. Code, tit. 7, div. 1, ch. 6Fees for Development Projects Reconstructed After a Natural DisasterPrinted as Chapter 6 (commencing with Section 66010)
- Gov. Code, tit. 7, div. 1, ch. 7Fees for Specific PurposesPrinted as Chapter 7 (commencing with Section 66012)
- Gov. Code, § 66013Printed as Section 66013
- Gov. Code, tit. 7, div. 1, ch. 8Procedures for Adopting Various FeesPrinted as Chapter 8 (commencing with Section 66016)
- Gov. Code, tit. 7, div. 1, ch. 9Protests, Legal Actions, and AuditsPrinted as Chapter 9 (commencing with Section 66020)
- Gov. Code, § 66477Printed as Section 66477
Health and Safety Code
- Health & Saf. Code, § 50079.5Printed as Sections 50079.5, 50093, 50105, and 50106 of the Health and Safety Code
- Health & Saf. Code, § 50093Printed as Sections 50079.5, 50093, 50105, and 50106 of the Health and Safety Code
- Health & Saf. Code, § 50105Printed as Sections 50079.5, 50093, 50105, and 50106 of the Health and Safety Code
- Health & Saf. Code, § 50106Printed as Sections 50079.5, 50093, 50105, and 50106 of the Health and Safety Code
Cited by 1 provision
Provisions in this library whose text cites Gov. Code, § 65940.2. Each shows the citation as that text prints it.
Health and Safety Code
Procedural information only. Not legal advice and not a substitute for the advice of an attorney. Confirm the current text with the official publisher before relying on it.