Health and Safety Code section 50161
(a)
(1)Subject to paragraph (2), for purposes of this section, “development impact fee” means any of the following assessed, imposed, or controlled by a city, county, or city and county:(A)
A fee or charge described in the Mitigation Fee Act (Chapter 5 (commencing with Section 66000), Chapter 6 (commencing with Section 66010), Chapter 8 (commencing with Section 66016), and Chapter 9 (commencing with Section 66020) of Division 1 of Title 7 of the Government Code).(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 of the Government Code.(2)
For purposes of this section, “development impact fee” does not include either of the following:(A)
A fee or charge assessed, imposed, collected, or administered by or on behalf of a school or community college district, special district, utility or other governmental entity other than a city, county, or city and county, regardless of whether the authority for such fee derives from a resolution or ordinance of a city, county, or city and county.(B)
Any fees or charges described in Chapter 7 of the Mitigation Fee Act (commencing with Section 66012) of Division 1 of Title 7 of the Government Code.(b)
(1)Subject to paragraph (2), if a city, county, or city and county is a lead applicant for a project in an affordable multifamily rental or ownership housing development program administered by a state entity within the California Housing and Homelessness Agency, including, but not limited to, the Housing Development and Finance Committee, the Department of Housing and Community Development, and the California Housing Finance Agency, and has not committed to waiving any development impact fee it would otherwise impose on the project, the awarding agency shall reduce the total award amount by the amount of development impact fees that the city, county, or city and county will impose on the project.(2)
Paragraph (1) only applies to project-specific affordable multifamily rental or ownership housing development funding awards and does not apply to formula-based allocations or block grant allocations to a city, county, or city and county.(3)
Paragraph (1) does not apply to funding administered pursuant to Section 50675.1.3. As a condition of receiving funding pursuant to that section, any local government serving as an applicant or coapplicant shall report to the department at the time of assessment whether the local government has assessed impact fees on the project and, if so, the total amount of those fees. The department shall collect this information for purposes of evaluating compliance with Section 66016.5 of the Government Code where applicable and the effect of locally imposed impact fees on state-funded housing projects.(c)
This section shall apply to any notice of funding opportunity issued after July 1, 2027.
Source:
Section 50161, https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=HSC§ionNum=50161. (updated Jul. 13, 2026; accessed Aug. 3, 2026).
