Update on Statewide November Ballot Measures
This fall, Californians will vote on several state ballot initiatives that could significantly alter the legal and financial landscape for public agencies. These measures address key issues such as financing state climate adaptation and altering the procedure for approving local bonds. The upcoming election might create new challenges and opportunities for public agency work.
San Francisco Faces Significant Penalties and Improvement Costs Due to Aging Sewer System
In May 2024, the U.S. EPA and San Francisco Regional Water Quality Control Board sued the City and County of San Francisco for violations of water quality laws stemming from operation of its sewer system. Other public agencies can learn from San Francisco’s situation and protect themselves from future financial liability by better understanding their water quality obligations.
The Role of Local Public Agencies in Land Back
A conservation easement granted by the City of Oakland to the Sogorea Te’ Land Trust demonstrates how local public agencies can play an important role in “Land Back,” an Indigenous-led movement that aims to strengthen tribal sovereignty and support cultural revitalization by returning land to Indigenous stewardship.
Recent Changes to Levine Act’s Campaign Contribution Requirements
Recent updates to the Levine Act change the circumstances under which campaign contributions require elected or appointed officials to recuse themselves from participating in certain proceedings where campaign donors have an interest in the outcomes. This article explains these changes in more detail.
Update re: Local Governments Urge U.S. Supreme Court Not To Ignore “Givings” When Considering Unconstitutional “Takings”
The U.S. Supreme Court recently issued its decision in Sheetz v. County of El Dorado, examining whether the heightened takings analysis set forth in two previous cases applies to legislatively imposed development impact fees. A unanimous Court agreed that the Nollan /Dolan standard does apply. The Court remanded the case to the California state courts for further proceedings
Community Land Trusts: A Valuable Tool in Promoting Affordable Housing
Under California law, cities are required to identify opportunities to develop sufficient housing to meet the needs of residents of all income levels. However, many municipalities struggle to produce enough affordable housing. This article explores the role community land trusts can play in building and managing affordable housing.
Mitigating Vehicle Miles Traveled
In 2020, the methodology under the California Environmental Quality Act (CEQA) for evaluating transportation-related impacts changed from level of service (LOS) to vehicle miles traveled (VMT). This change has necessitated new strategies for mitigating those impacts. This article outlines several approaches lead agencies may consider to mitigate a project’s significant VMT-related impacts.
Building Decarbonization Update: Local Governments in California Consider Strategies to Reduce Natural Gas Use in Buildings
Following up on the October 2019 and February 2020 editions of In the Public Interest, this article provides an update regarding strategies proposed by several cities and counties to encourage or require existing buildings to go all-electric.
October 2023 Update Re: Local Governments on High Alert as New Statewide Ballot Measure Seeks to Restrict State and Local Revenue
A statewide initiative seeking to further restrict the ability of state and local governments to raise public funds through fees and taxes is ready to appear on the November 2024 ballot. Given the potential dire consequences of this measure, many local governments are taking actions now to address it.
Mid-Cycle 2022 CALGreen Building Code Update Re: Changes Coming in 2023 to State Energy Code and Green Building Standards
California Building Standards Commission adopts updates to electric vehicle charging requirements for new multifamily buildings Since we first wrote about the latest Energy Code and energy-related CALGreen updates that went into effect statewide in January 2023, some additional important updates have been made to CALGreen. Following this regular triannual update, the California Building Standards Commission […]