Update:
THE COURT HEARING ON THE PRELIMINARY INJUNCTION OF LEVEL 3 SCHOOL FEES HAS BEEN MOVED FROM FRIDAY, JULY 8, TO FRIDAY JULY 22, 2016. THIS GIVES THE INDUSTRY AN ADDITIONAL 2 WEEKS OF CERTAINTY THAT LEVEL 3 FEES CANNOT BE ENACTED BY LOCAL SCHOOL DISTRICTS.
Last Friday, the City of Dublin filed an unauthorized amicus brief to CBIA’s legal challenge to the State Allocation Board’s action to attempt to implement Level 3 school fees. In order to give CBIA general council time to respond to this latest filing, the preliminary injunction hearing is now scheduled for July 22 at 1:30 p.m.
Stay tuned to biabuild.com for the latest updates.
Recap:
On May 25th, The California State Allocation Board voted to give authority to school districts to charge Level 3 developers fees due to the nearly depleted school facility grant fund. This action was taken in spite of the $9 billion school facilities bond that has qualified for the November ballot, which will replenish the fund and continue the successful investment partnership between the State, the homebuilding industry, and local school districts to fund school facility modernization and construction.
On May 26th, The California Building Industry Association (CBIA) successfully obtained a court order (TRO) restraining the State Allocation Board - and all others acting in concert with them - from implementing Level 3 school fees or sending notice to the Legislature that state funds for new school construction are not available. THIS ORDER TEMPORARILY HALTS THE ABILITY OF LOCAL SCHOOL DISTRICTS STATEWIDE TO IMPLEMENT LEVEL 3 FEES. A preliminary injunction hearing has been scheduled for July 8, 2016. At such time the California Superior Court will decide whether or not to extend the prohibition further until a full trial on the matter. A copy of the TRO is attached.
"The building industry has long been a strong funding partner and supporter of our local schools, which is why we have been working in partnership with educators to pass a statewide school facilities bond in November – a measure that is supported by school districts throughout the state, the State PTA, and respected legislators from both parties. The state allocation board’s vote will not adequately address the lack of state school facility funding, and will only exacerbate California’s housing crisis, further reduce needed supply and make it even more difficult for working families to be able to afford housing in San Bernardino County. The only effective way to ensure students have access to quality schools, protect housing affordability and safeguard our state/local economy is to pass the $9 billion school bond in November so that we continue the successful partnership between the state, the homebuilding industry and local districts."
-David Cogdill, President & CEO of CBIA.
For more information about the school bond please visit: californiansforqualityschools.com
