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Legal limits constrain earmarking developer fees for specific school projects, consultant tells board
Summary
A Key Analytics consultant told trustees that California Government Code requires fee justification studies and limits how districts can segregate developer (capital facilities) fees; earmarking fees for a specific project can trigger refund obligations if the project is not completed within statutory timelines.
Board members asked whether a percentage of developer (capital facilities) fees could be directed to new projects in specific areas. Stephen G of Key Analytics explained that California's Government Code requires any developer fee to be justified in a study and spent in conformance with that study; creating a segregated fee for a single project carries a risk of refund obligations if…
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