Section 65979 Of Chapter 4.7. School Facilities From California Government Code >> Division 1. >> Title 7. >> Chapter 4.7.
65979
. (a) One year after receipt of an apportionment pursuant to
the Leroy F. Greene State School Building Lease-Purchase Law of 1976
(Chapter 12 (commencing with Section 17000 of Part 10 of the
Education Code) for the construction of a school, the city or county
shall not be permitted thereafter, pursuant to this chapter or
pursuant to any other school facilities financing arrangement the
district may have with builders of residential development, to levy
any fee or to require the dedication of any land within the
attendance area of the school for which the apportionment was
received. However, any time after receipt of the apportionment there
may be a determination of overcrowding pursuant to Section 65971, if
both of the following further findings are made:
(1) That during the period of construction, or after construction
has been completed, additional overcrowding would occur from
continued residential development.
(2) That any fee levied and any required dedication of land levied
after the receipt of the construction apportionment can be used to
avoid the additional overcrowding prior to the school being available
for use by the school district.
(b) Any amounts of fees collected or land dedicated after the
receipt of the construction apportionment and not used to avoid
overcrowding shall be returned to the person who paid the fee or made
the land dedication.