The Subdivision Map Act and the Mitigation Fee Act require that any fee collected for the purpose of defraying the cost of public facilities or planned drainage facilities shall be segregated and deposited in separate funds or accounts to avoid co-mingling of the fees with other revenues or funds. Both Acts require the fees to be expended solely for the construction of facilities, or to reimburse an agency for construction of facilities, for which the fees are collected and for the benefit of the lands paying such fees. Any interest earned on fees while on deposit in the funds is credited to the drainage area or fund from which the fees were collected.
Additionally, the Mitigation Fee Act requires that annually certain information be made available to the public. And, at least once every five years, the Board, by resolution, must declare the unexpected funds held in the Pre-Paid Drainage Assessment (PPDA) Trust Fund are needed for future construction or reimbursement. Read the entire staff report to the Board and the current Annual Mitigation Fee Act Report.