2008
Climate Change and Green Initiatives
Air Resources Board Releases Proposed Scoping Plan for AB 32 Implementation
On October 15, 2008, the California Air Resources Board (CARB) released its Proposed Scoping Document outlining CARB's strategies for meeting the 2020 statewide greenhouse reductions goals mandated by AB 32.
Full Summary of California Senate Bill 375
Assembly Bill 32 requires reductions in greenhouse gas (GHG) emissions in California to 1990 levels no later than 2020. Since the transportation sector contributes over 40% of California's GHG emissions, SB 375 seeks to reduce GHGs from vehicle trips by changing growth patterns in a way that reduces overall driving.
SB 375 - Landmark Land Use and Greenhouse Gas State Law Adopted
Governor Arnold Schwarzenegger has signed SB 375, a sweeping change in land use, housing and environmental law. The law aims to reduce greenhouse gas (GHG) emissions by discouraging sprawl development and dependence on car travel.
State Issues Guidance For Addressing Climate Change Under CEQA
State law requires the Office of Planning and Research ("OPR") to develop new CEQA Guidelines for the analysis and mitigation of Greenhouse Gas ("GHG") emissions in CEQA documents on or before January 1, 2010. On June 19, OPR, in consultation with the Resources Agency, the California Environmental Protection Agency, and the California Air Resources Board ("ARB"), released interim guidance in the form of a Technical Advisory on GHG analysis in CEQA documents.
Attorney General Announces Workshops to Assist Local Agencies in Addressing Global Warming Impacts in CEQA Analysis
On February 19, 2008, Attorney General Brown sent letters to all 58 counties and over 200 cities announcing five workshops statewide in which the AG will discuss the interplay between CEQA and Global Warming impacts.
Economic Development, Real Estate and Housing
Save Tara Case Provides Guidance on Agreements for Development Contingent Upon Subsequent CEQA Review
In a decision relevant to redevelopment agencies and other public entities involved in the disposition of land for development, last week the California Supreme Court issued a ruling that addresses when public agencies are permitted to approve development and financing agreements that are contingent upon subsequent CEQA review.
Federal Housing Bill - Resources for Local Government CalHFA Community Stabilization Home Loan Program
On July 30, 2008, President Bush signed into law H.R. 3221, the Housing and Economic Recovery Act of 2008 (the "Act"). This comprehensive bill includes the most far-reaching housing finance reform legislation of the past several decades.
State Authorizes Local Governments to Impose $1,000 Fines for Failure to Maintain Property
Due to recent legislation, legal owners of vacant residential property purchased at a foreclosure sale, or acquired through foreclosure under a mortgage or deed of trust, must maintain the residential property or face civil fines of up to $1,000 a day.
Redevelopment Reporting Requirements; New Legislation
This Memorandum describes recent changes in Community Redevelopment Law and summarizes redevelopment agency reporting requirements.
Eminent Domain and Inverse Condemnation
Wireless Telecommunications Facilities Regulation - Ninth Circuit Narrows the Preemption Standard of Section 253(a) of the Telecommunications Act of 1996, Reversing Its Prior Decisions in Sprint Telephony and Auburn
Sprint Telephony PCS, L.P. v. County of San Diego, --- F.3d ---, 2008 WL 4166657 (9th Cir. Sept. 11, 2008) The Telecommunications Act of 1996 (U.S.C. Titles 15, 18 and 47) ("the Act") was enacted by Congress with the intent of lowering prices and improving the quality of service for the public by promoting competition and reducing regulation within the industry.
Environmental Law
Save Tara Case Provides Guidance on Agreements for Development Contingent Upon Subsequent CEQA Review
In a decision relevant to redevelopment agencies and other public entities involved in the disposition of land for development, last week the California Supreme Court issued a ruling that addresses when public agencies are permitted to approve development and financing agreements that are contingent upon subsequent CEQA review.
Full Summary of California Senate Bill 375
Assembly Bill 32 requires reductions in greenhouse gas (GHG) emissions in California to 1990 levels no later than 2020. Since the transportation sector contributes over 40% of California's GHG emissions, SB 375 seeks to reduce GHGs from vehicle trips by changing growth patterns in a way that reduces overall driving.
SB 375 - Landmark Land Use and Greenhouse Gas State Law Adopted
Governor Arnold Schwarzenegger has signed SB 375, a sweeping change in land use, housing and environmental law. The law aims to reduce greenhouse gas (GHG) emissions by discouraging sprawl development and dependence on car travel.
Wireless Telecommunications Facilities Regulation - Ninth Circuit Narrows the Preemption Standard of Section 253(a) of the Telecommunications Act of 1996, Reversing Its Prior Decisions in Sprint Telephony and Auburn
Sprint Telephony PCS, L.P. v. County of San Diego, --- F.3d ---, 2008 WL 4166657 (9th Cir. Sept. 11, 2008) The Telecommunications Act of 1996 (U.S.C. Titles 15, 18 and 47) ("the Act") was enacted by Congress with the intent of lowering prices and improving the quality of service for the public by promoting competition and reducing regulation within the industry.
Court Rules Coastal Commission Has the Power to Unilaterally Designate Environmentally Sensitive Habitat Areas Prior to Certification of LCP and the Power to Regulate Inland Visual Impacts Within Costal Zone Even Up to Four and a Half Miles
On February 6, 2008, the Second District Court of Appeal in Douda v. California Coastal Commission 2008 SOS 936 ruled that an "issuing agency," whether it be the California Coastal Commission or a local government, can unilaterally designate "environmentally sensitive habitat areas" (“ESHA”) prior to the certification of a local coastal program (“LCP”).
Land Use
Wireless Telecommunications Facilities Regulation - Ninth Circuit Narrows the Preemption Standard of Section 253(a) of the Telecommunications Act of 1996, Reversing Its Prior Decisions in Sprint Telephony and Auburn
Sprint Telephony PCS, L.P. v. County of San Diego, --- F.3d ---, 2008 WL 4166657 (9th Cir. Sept. 11, 2008) The Telecommunications Act of 1996 (U.S.C. Titles 15, 18 and 47) ("the Act") was enacted by Congress with the intent of lowering prices and improving the quality of service for the public by promoting competition and reducing regulation within the industry.
Court Rules Coastal Commission Has the Power to Unilaterally Designate Environmentally Sensitive Habitat Areas Prior to Certification of LCP and the Power to Regulate Inland Visual Impacts Within Costal Zone Even Up to Four and a Half Miles
On February 6, 2008, the Second District Court of Appeal in Douda v. California Coastal Commission 2008 SOS 936 ruled that an "issuing agency," whether it be the California Coastal Commission or a local government, can unilaterally designate "environmentally sensitive habitat areas" (“ESHA”) prior to the certification of a local coastal program (“LCP”).
Municipal and Special District Law
Cities and Counties Must Collect Fees to Fund Development of State Building Standards
Effective January 1, 2009, cities and counties must collect, on behalf of the California Building Standards Commission ("Commission"), a fee from building permit applicants based on building valuation to fund development of statewide building standards.
Save Tara Case Provides Guidance on Agreements for Development Contingent Upon Subsequent CEQA Review
In a decision relevant to redevelopment agencies and other public entities involved in the disposition of land for development, last week the California Supreme Court issued a ruling that addresses when public agencies are permitted to approve development and financing agreements that are contingent upon subsequent CEQA review.
New Legislation Limits Local Governments Regulatory Authority of Massage Establishments
Governor Schwarzenegger signed Senate Bill 731 (Oropeza) which provides for voluntary statewide certification of massage therapists and massage practitioners by the Massage Therapy Organization ("MTO"), a new nonprofit organization comprised of representatives selected from various agencies.
Important Changes to the Brown Act Effective July 1, 2008
Effective July 1, 2008, the Ralph M. Brown Act ("Brown Act"), imposes additional requirements on local agencies concerning regular meeting agendas and documents prepared by the agency for regular meetings. (See Government Code Section 54957.5.)
Public Contracts and Construction
Governor Schwarzenegger Signs Design-Build Measure to Expand the Design-Build Method to Cities, Counties, and Special Districts
On September 26, 2008, Governor Schwarzenegger signed Assembly Bill 642. AB 642 expands existing design-build authority of public agencies by adding Public Contract Code Section 20175.2, authorizing all cities to use the design-build method for the construction of buildings for projects exceeding $1 million, and Public Contract Code Sections 20193-20195, authorizing all cities, counties, cities and counties, and special districts to use design-build contracting to construct local wastewater treatment, solid waste, or water recycling facilities exceeding $2.5 million.
Transportation and Infrastructure
Full Summary of California Senate Bill 375
Assembly Bill 32 requires reductions in greenhouse gas (GHG) emissions in California to 1990 levels no later than 2020. Since the transportation sector contributes over 40% of California's GHG emissions, SB 375 seeks to reduce GHGs from vehicle trips by changing growth patterns in a way that reduces overall driving.