New Requirements for Local Energy Storage Permitting Processes
The State is taking numerous steps to encourage energy storage in California. Cities and counties will have important roles to play as well. Assembly Bill (AB) 546, passed last year, includes specific local permitting obligations. SMW attorney Erica McConnell provides an overview of the new law. Energy storage has sometimes been referred to as the […]
2017 Housing Law Update
It is no secret that California is in the grips of a serious housing crisis. According to one study, less than 50% of households in the state can afford housing.* Real estate prices have risen 15% since 2009, while median incomes have risen just 5%. And California has well over 100,000 residents without homes; 25% […]
Streamlining Agency Operations with Electronic Signatures
Does your agency require “wet-ink” signatures on contracts, resolutions, or permit applications? In California, use of electronic signatures has been valid since 2000. With public agencies increasingly conducting business electronically during the COVID-19 pandemic, more are accepting and using e-signatures for certain official documents. Read on for an overview of the laws surrounding electronic signatures and for […]
Resources to Help Local Jurisdictions Encourage Multifamily Solar Installations
Interested in promoting multifamily rooftop solar in your community? Check out this website: MultifamilySolarCA.com. Supported by funding from the U.S. Department of Energy SunShot Initiative, it offers resources and assistance to property owners, contractors, and local governments interested in undertaking or encouraging multifamily rooftop solar. It includes a Solar Marketplace that can help property owners […]
Solar Eclipse Brings Call to Action From State Energy Officials
Everyone is gearing up for the eclipse next Monday, August 21, 2017. We all know that the Pacific Northwest will experience a total solar eclipse and that we’ll have a partial eclipse here in California. Less well known is the fact that we stand to temporarily lose 5,600 megawatts of solar electricity when the moon obscures the sun. A […]
Despite Recent Uptick in Developer-Sponsored Initiatives, Voters Remain Wary
Photo credit: Joe Mabel, CC BY-SA 3.0, via Wikimedia Commons In Tuolumne Jobs & Small Business Alliance v. Superior Court (2014) 59 Cal.4th 1029, the California Supreme Court held that CEQA does not apply to voter-sponsored initiatives, even where the initiative is adopted by local officials rather than the voters. Since that decision, California cities and counties have seen […]
Defending Local Control of Land Use
By Andrew Schwartz Odds are that President Trump’s Executive Order calling for “review” of President Obama’s Clean Power Plan and designation of national monuments are just the start of his administration’s efforts to eviscerate federal regulations that protect the environment. The potential dismantling of federal environmental protections presents an opportunity for states and local governments […]
California Supreme Court Sheds Light on How Public Agencies Should Manage E-Communications Consistent with the California Public Records Act
On Thursday, the California Supreme Court issued its decision in City of San Jose v. Superior Court, holding that writings that concern public business may be subject to the California Public Records Act (CPRA) even if they are sent and received using private accounts. Recommended Best Practices The Court highlighted how public agencies, employees, elected representatives, […]
State Lawmakers Limit Local Control of Accessory Dwelling Units
Citing California’s housing shortage, state lawmakers recently took aim at local jurisdictions’ review of accessory dwelling units. These units—also known as second units, in-law apartments, or granny flats—can be a valuable form of housing for family members, students, the elderly, care providers and others, sometimes at below market prices within existing neighborhoods. But local jurisdictions […]
Conservation Easements as Mitigation Measures: Tips for Public Agencies
With the continuing loss of open space and farmland to development, more and more agencies seek to mitigate these losses by requiring developers to preserve equivalent land on- or off-site. Conservation easements offer a flexible tool for achieving open space protection, and the courts have upheld easement requirements as legally adequate mitigation for farmland and […]