Section 66013(d) has similar requirements for capacity charges in that, within 180 days after the close of each fiscal year, the local agency must make available to the public the following information:

  1. A description of the charges deposited in the fund; (report section 2)
  2. The beginning and ending balance of the fund and the interest earned from investment of moneys in the fund; (report section 3)
  3. The amount of charges collected in that fiscal year; (report section 3)
  4. An identification of:
  5. Each public improvement on which charges were expended and the amount of expenditure for each improvement, including the percentage of the total cost of the public improvement that was funded with those charges if more than one source of funding was used; (report section 4)
  6. Each public improvement on which charges were expended that was completed during that fiscal year; (report section 4)
  7. Each public improvement that is anticipated to be undertaken in the following fiscal year; (report section 4)
  8. A description of each interfund transfer or loan made from the capital facilities fund, including the public improvement on which the transferred or loaned charges are or will be expended and, in the case of an interfund loan, the date on which the loan will be repaid and the rate of interest that the fund will receive on the loan. (report section 6)

1.2 Five-Year Report

Prior to 1996, The Mitigation Fee Act required that a local agency collecting impact fees was required to expend or commit impact fee revenue within five years or make findings to justify a continued need for the money. Otherwise, those funds had to be refunded. SB 1693, adopted in 1996 as an amendment to the Mitigation Fee Act, changed that requirement in material ways.

Now, Section 66001 (d) requires that, for the fifth fiscal year following the first deposit of any impact fee revenue into an account or fund as required by Section 66006 (b), and every five years thereafter, the local agency shall make all of the following findings for any fee revenue that remains unexpended, whether committed or uncommitted:

  1. Identify the purpose to which the fee will be put;
  2. Demonstrate the reasonable relationship between the fee and the purpose for which it is charged;
  3. Identify all sources and amounts of funding anticipated to complete financing of incomplete improvements for which impact fees are to be used;

City of Victorville Annual Development Impact Fee Report Prepared by NBS

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