(a) This section shall apply only to a local publicly owned electric utility or other public agency providing public electric utility service to a public agency in its service territory, as specified in subdivision (b). âLocal publicly owned electric utilityâ as used in this section means all of the following: (1) A municipality or municipal corporation operating as a âpublic utilityâ furnishing electric commodity or electric service as provided in Section 10001 of the Public Utilities Code. (2) Any special district furnishing electric commodity or electric service, including, but not limited to, any of the following: (A) A resort improvement district formed pursuant to Division 11 (commencing with Section 13000) of the Public Resources Code. (B) A municipal utility district formed pursuant to Division 6 (commencing with Section 11501) of the Public Utilities Code. (C) A public utility district formed pursuant to the Public Utility District Act set forth in Division 7 (commencing with Section 15501) of the Public Utilities Code. (D) An irrigation district formed pursuant to the Irrigation District Law set forth in Division 11 (commencing with Section 20500) of the Water Code. (3) A joint powers authority that includes one or more of these agencies that furnishes electric commodity or electric service over its own or its memberâs electric distribution system. (b) The imposition of a capital facilities fee for electric utility service on any school district, county office of education, community college district, the California State University, the University of California, or state agency by a public agency providing public utility service shall be subject to all of the following: (1) Where necessary to defray the actual construction costs of that portion of a public utility facility actually serving a public agency, any public agency providing public utility service on or after July 21, 1986, may continue to charge any capital facilities fee that was imposed prior to that date on the public agency using the public utility service and that was not protested or challenged pursuant to law prior to January 1, 1987, or increase that capital facility fee in an amount not to exceed the percentage increase in the Implicit Price Deflator for State and Local Government Purchases, as determined by the Department of Finance, and any public agency shall pay any capital facilities fees authorized by this subdivision. (2) Any public agency proposing to initially impose a capital facilities fee or to increase an existing capital facilities fee in excess of the amount set forth in paragraph (1), may do so after agreement has been reached between the two agencies through negotiations entered into by both parties. (3) Upon request of the affected public agency or upon increase pursuant to paragraph (1), the public agency imposing or increasing the fee shall identify the amount of the capital facilities fee. The public agency imposing or increasing the capital facilities fee has the burden of producing evidence to establish all of the following: (A) The capital facilities fee is nondiscriminatory. (B) The amount of the capital facilities fee does not exceed the amount necessary to provide capital facilities for which the fee is charged. (C) The capital facilities fee complies with the requirements set forth in paragraph (1). (4) A public agency proposing to enact or increase capital facilities fees under this section shall notify by certified mail any school district, county office of education, community college district, California State University, University of California, or state agency located within its service area that is an electric utility customer of the public agency, not less than 30 days prior to the date of any hearing set to consider an ordinance resolution, or motion enacting or increasing a capital facilities fee. The notice shall state the date, time, and place of any hearing. The notice shall also state that the p
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