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Legal Resources | Government Code |  GC  54999.8  

Liability of Public Entities for Public Utility Capital Facilities Fees   

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(a) Any judicial action or proceeding by a public agency that seeks a refund of a fee, rate, charge, or surcharge, or increase in any of those costs, or that challenges the validity of a fee, rate, charge, or surcharge, or increase, imposed on or after January 1, 2007, pursuant to this chapter, shall be commenced within 120 days of the effective date of the imposition of the fee, rate, charge, or surcharge, or increase.

(b) Any action by a public agency under this chapter to validate an ordinance, resolution, or motion imposing or increasing a fee, rate, charge, or surcharge shall be in accordance with Chapter 9 (commencing with Section 860) of Title 10 of Part 2 of the Code of Civil Procedure. However, no action by a public agency imposing or increasing the fee, rate, charge, or surcharge shall be commenced any earlier than 120 days from the effective date of the imposition of the fee, rate, charge, surcharge, or increase.

(c) In any judicial action or proceeding brought pursuant to this section, the public agency imposing or increasing the fee, rate, charge, or surcharge shall have the burden of showing that it was established pursuant to Section 54999.3 or Section 54999.7.

(d) This section shall remain in effect only until January 1, 2010, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2010, deletes or extends that date.

(Added by Stats. 2006, Ch. 866, Sec. 3.)