What is the facial constitutionality of the section 17556 (d) of California Government Code 17556, subdivision (d), section 726 of the California Tax Code, providing that a local authority has authority to levy fees on behalf of a third party?

The facial constitutionality of this provision was upheld in County of Fresno v. State of California (1991) 53 Cal.3d 482, 280 Cal.Rptr. 92, 808 P.2d 235. The Fresno court rejected an argument that the statute was facially unconstitutional as conflicting with section 6 (fn. 1, ante), which contains no exclusion of reimbursement where the local agency has authority to levy fees. Section 6 requires subvention only when the costs in question can be recovered solely from tax revenues. (Id. at p. 487, 280 Cal.Rptr. 92, 808 P.2d 235.) Government Code section 17556, subdivision (d), "effectively construes the term 'costs' in the constitutional provision as excluding expenses that are recoverable from sources other than taxes. Such a construction is altogether sound." (County of Fresno v. State of California, supra, 53 Cal.3d at p. 487, 280 Cal.Rptr. 92, 808 P.2d 235.)