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SGMA, GSA Setup & GSP Preparation

09 Jan 2017 00:00:00 -0800

Join Best Best & Krieger LLP for an Advanced Two-Day Conference on SGMA, GSA Setup & GSP Preparation in Los Angeles. presented by Law Seminars International. The program will also be webcast live.

Deborah Wordham:
"Introduction and Overview"
Monday, Jan. 9, 8:30 - 8:45 a.m.

Program Co-Chair: "Practical Tips for Working through the Technical Concerns in Developing GSPs"
Tuesday, Jan. 10, 8:30 - 10:15 a.m.

Alisha Winterswyk:
Panelist: "The Interplay between the Sustainable Groundwater Management Act and the California Environmental Quality Act (CEQA)"
Monday, Jan. 9, 10:45 a.m. - Noon

Steve Anderson:
Panelist: "Development of Groundwater Sustainability Plans (GSPs): Settled and Still Pending Legal Issues"
Monday, Jan. 9, 3:15 - 5 p.m.

When
Monday, Jan. 9 - Tuesday, Jan. 10

Where
DoubleTree by Hilton Los Angeles Downtown
120 S. Los Angeles St.
Los Angeles, CA 90012

For more information or to register, click here.

Evaluating a Project’s “Exacerbation” on Existing Environmental Hazards

10 Nov 2016 00:00:00 -0800

A significant decision interpreting the scope of the California Supreme Court’s ruling in California Building Industry Association v. Bay Area Air Quality Management District was handed down earlier this week by a state appellate court. While the Third District Court of Appeal set aside an environmental impact report for a residential project on grounds that it lacked an appropriate significance threshold for evaluating traffic impacts, it also rejected a claim that the EIR failed to consider the “exacerbation” of existing environmental hazards.

In CBIA v. BAAQMD, the Supreme Court held that the California Environmental Quality Act does not generally require an agency to consider the effects of existing environmental conditions on a proposed project’s future users and residents. But, the Court also opined that lead agencies should consider whether a project could exacerbate existing environmental conditions.

The Court of Appeal has now applied the Supreme Court’s reasoning in considering whether an EIR for a 328-unit residential development adequately analyzed the alleged “exacerbation” of environmental impacts associated with a nearby freeway, a former landfill and railroad tracks. In East Sacramento Partnership for a Livable City v. City of Sacramento, challengers asserted that the EIR failed to analyze the increased cancer risk to the project’s future residents associated with the airborne pollutants from the freeway and railroad tracks. They also claimed it did not consider the risk of methane gas migration from the former landfill. They alleged that the additional vehicles, residents and visitors coming to the project site would “undeniably” exacerbate the health risks already associated with the existing environmental conditions. The court rejected this argument on grounds that the project opponents pointed to no substantial evidence to support their claim, and instead asserted mere conclusions and unsupported opinions.

While the court directed the lead agency to correct the EIR’s threshold for traffic impacts, it upheld the EIR in all other respects. Indeed, this case can be viewed as a victory for lead agencies and project proponents throughout the State. Prior to this decision, many lead agencies questioned when they must analyze a project’s potential to exacerbate existing environmental conditions. As shown here, the mere existence of multiple hazards near a project site is insufficient to require an EIR to consider the question of “exacerbation;” instead there must first be substantial evidence showing that a project could exacerbate existing hazards.

If you have any questions about this opinion or how it may impact your agency, please contact the attorney authors of this Legal Alert listed to the right in the firm’s Environmental Law & Natural Resources practice group, or your BB&K attorney.

Please feel free to share this Legal Alert or subscribe by clicking here. Follow us on Twitter @BBKlaw.

Disclaimer: BB&K Legal Alerts are not intended as legal advice. Additional facts or future developments may affect subjects contained herein. Seek the advice of an attorney before acting or relying upon any information in this communiqué.

2016 CEQA Essentials Workshops

02 Nov 2016 00:00:00 -0800

Join Best Best & Krieger LLP at the Association of Environmental Professionals’ 2016 CEQA Essentials Workshops. These workshops provide a basic understanding of the fundamentals of the California Environmental Quality Act and the State Guidelines, and include intermediate-level practice pointers and case studies. They feature a curriculum developed specifically for people involved in the environmental review process, including consultants, regulators, applicants, and industry professionals, and will benefit those new to the field as well as mid-level practicing professionals.

Topics will include:

Understanding the Statute and Guidelines
Determining the Appropriate Document – Exemptions, Negative Declarations, EIRs
Responsibilities – Trustee Agencies and the Role of the Consultant
Adequacy of Analysis and Mitigation
Findings
Notices

BB&K Speakers:

Sarah Owsowitz
Date: Wednesday, Nov. 2
Time: 8:30 a.m. - 4:30 p.m.
Location: Preservation Park
1233 Preservation Park Way
Oakland, CA 94612

Jennifer Lynch
Date: Friday, Nov. 4
Time: 8:30 a.m. - 4:30 p.m.
Location: Whittier Law School - Room 9
3333 Harbor Blvd.
Costa Mesa, CA 92626

Charity Schiller
Date: Tuesday, Nov. 8
Time: 8:30 a.m. - 4:30 p.m.
Location: Hyatt Place Riverside - Downtown
3500 Market St.
Riverside, CA 92501

For more information or to register through AEP, click here.

2016 APA California Conference

22 Oct 2016 00:00:00 -0800

Join Best Best & Krieger LLP at the 2016 American Planning Association California Conference in Pasadena, Calif.

BB&K Speakers

Thomas Rice: "CEQA and Noticing: Best Practices for Complying with CEQA, Brown Act, and Other Public Noticing Requirements"
Saturday, Oct. 22
1 - 2:30 p.m.

Jennifer Lynch: “10 Crucial Things Planning School Didn’t Teach You”
Saturday, Oct. 22
1:15 - 2:30 p.m.

Jennifer Lynch: “Quick Hits: Demographics, Housing, CEQA and More”
Monday, Oct. 24
9:45 - 11:15 a.m.

When
Saturday, Oct. 22 - Tuesday, Oct. 25

Where
Pasadena Convention Center
300 E. Green St.
Pasadena, CA 91101

For more information or to register, click here.

Timing is Everything - When CEQA Review is Required for County Actions

21 Oct 2016 00:00:00 -0800

Best Best & Krieger LLP Partner Michelle Ouellette will present “Timing is Everything – When CEQA Review is Required for County Actions,” at the Public Works and Contracts Fall 2016 Study Section Conference.

When
Thursday, Oct. 20 - Friday, Oct. 21

Where
Carmel Mission Inn
3665 Rio Rd.
Carmel, CA 93923

For more information or to register, click here.

25th Annual Environmental Law Conference at Yosemite

20 Oct 2016 00:00:00 -0800

Join Best Best & Krieger LLP at the State Bar of California Environmental Law Section’s 2016 Environmental Law Conference in Yosemite, Calif.

BB&K Speakers:

Alisha Winterswyk
"Southern Sierra Tree Die-Off"
Aerial surveys by the United States Forest Service show more than 66 million dead trees in Sierra Nevada forests. Learn about drought and bark beetle impacts on forest vegetation as well as forest management approaches designed to mitigate these ongoing impacts.
Saturday, Oct. 22
1 - 5 p.m.

Kelly Salt
“Water Rights Reforms — Are Changes Needed to our Water Rights and Pricing System?”
California’s historic drought has generated debate about how water should be allocated as well as new proposals for reform. In 2015, the Legislature enacted changes beefing up water measurement requirements for surface water diverters, and strengthening the State’s enforcement authority. More expansive water rights reforms have been proposed. Litigation is also ongoing that challenges water rates created to encourage water conservation, which potentially conflict with constitutional and other limitations on rate setting. This panel explores whether major changes to our water rights and water pricing systems are desirable, and if so, what they may be.
Sunday, Oct. 23
11 a.m. - 12:30 p.m.

When
Thursday, Oct. 20 - Sunday, Oct. 23

Where
Tenaya Lodge at Yosemite
1122 Highway 41
Fish Camp, CA 93623

For more information or to register, click here.

California Coastal Act Takes Priority Over Housing Density Laws

11 Oct 2016 00:00:00 -0800

The Second District Court of Appeal recently held that local agencies may be required to grant affordable housing density bonuses unless doing so would violate the Coastal Act, which is designed to ensure that state policies for the coastal zone prevail over local government concerns. While the court recognized the importance of providing affordable housing in California and was careful to note that housing density statutes still apply in the coastal zone, the Coastal Act prevails over such statutes where a project violates its provisions.

In the published opinion Kalnel Gardens, LLC v. City of Los Angeles, the City disapproved a 15-unit residential project in the Venice area allowed to exceed density, height and setback restrictions because it designated two very low income units. The City’s planning department issued various approvals for the project, including a coastal development permit under the California Coastal Act, which governs land use planning for the state’s entire coastal zone. Ultimately, the project was overturned by the planning commission on appeal by neighboring residents because of its incompatibility with aesthetic policies in the Coastal Act rather than density concerns. The City Council denied the developer’s appeal and adopted the commission’s findings.

The developer sued the City for violation of state housing density statutes. The Court of Appeal affirmed the trial court’s determination that such laws are superseded by the Coastal Act. Specifically, it found clear legislative intent in Government Code section 65915 of the Density Bonus Act, which requires a local land use authority to award a density bonus and certain itemized concessions for the setting aside of a certain percentage of housing units for low or very low income residents, to be subordinate to the Coastal Act.

The court further considered Public Resources Code section 30604 of the Coastal Act stating a density bonus granted under the Density Bonus Act, or the Housing Accountability Act in Government Code section 65589.5, may be denied if the local agency issuing a coastal development permit finds it is infeasible to accommodate the project on the site in a manner that is in conformity with the Coastal Act. The Housing Accountability Act prohibits a local agency from rejecting housing developments based on their density without a thorough analysis of the economic, social and environmental effects of the action and findings.

In contrast, the Mello Act, which requires new affordable housing units as part of new developments constructed within the coastal zone unless found infeasible by the local agency under Government Code section 65590, does not state it is superseded by the Coastal Act. The court, however, found an undisputed violation of Coastal Act provisions requiring new development design to protect scenic views and be visually compatible with the character of surrounding areas. Interpreting the Coastal Act in a manner most protective of coastal resources, the court concluded the Mello Act’s affordable housing requirements apply so long as a project is consistent with the Coastal Act’s overall protective provisions.

If you have any questions about this opinion or how it may impact your agency, please contact the attorney authors of this Legal Alert listed to the right in the firm’s Environmental Law & Natural Resources practice group, or your BB&K attorney.

Please feel free to share this Legal Alert or subscribe by clicking here. Follow us on Twitter @BBKlaw.

Disclaimer: BB&K legal alerts are not intended as legal advice. Additional facts or future developments may affect subjects contained herein. Seek the advice of an attorney before acting or relying upon any information in this communiqué.

California Special Districts Association

10 Oct 2016 00:00:00 -0800

Join Best Best & Krieger LLP at the 2016 California Special Districts Association Annual Conference in San Diego, Calif.

BB&K Speakers:

Kelly Salt
"Come Hell or High Water: Funding Conservation, Flood Control, and Stormwater"
This presentation will address potential solutions to structuring tiered water rates in light of recent court decisions; and options for funding discounts for low income water, sewer, and solid waste service customers, and stormwater and flood control services.
Tuesday, Oct. 11
2 – 3:15 p.m.

Isabel Safie and Katrina Veldkamp
"Navigating the CalPERS Audit"
This presentation will discuss the most common compliance issues that lead to an audit finding and how an agency can address those issues to minimize the impact of an audit. In addition, we’ll discuss the risk factors that make an agency more likely than not to be selected for a CalPERS audit. Finally, we’ll walk you through the audit process and discuss the purpose and target of each phase of an audit.
Wednesday, Oct. 12
2:15 – 3:30 p.m.

Michelle Ouellette and Jennifer Lynch
"CEQA: What Special Districts Need to Know in 2016 and Beyond"
Special district actions must comply with fast-changing CEQA law. This panel addresses recent legislation and litigation, and will touch upon GHGs, AB 52, special events, water issues, and much more.
Thursday, Oct. 13
8:30 - 10 a.m.

When
Monday, Oct. 10 - Wednesday, Oct. 13

Where
San Diego Hotel and Marina
1380 Harbor Island Dr.
San Diego, CA 92101

For more information or to register, click here.

Four New California Cap and Trade Bills Fund Programs

05 Oct 2016 00:00:00 -0800

With California’s cap and trade program suffering from legal challenges, decreasing auction revenue and general criticism of the program’s effectiveness, Gov. Brown signed several bills in Sept. that will help fund state and local programs and projects that reduce greenhouse gas emissions. Budget Committee bills Senate Bill 859 and Assembly Bill 1613, and AB 2722 (Burke, D-Inglewood) directed $900 million in cap and trade revenues to various California agencies and programs. AB 1550 (Gomez, D-Los Angeles) increases the amount of cap and trade auction proceeds that must go to projects benefitting disadvantaged communities. These appropriations should provide significant financial opportunities for local agencies and businesses with environmental projects and programs in need of funding.

AB 1613 and SB 859 appropriate $900 million for fiscal year 2016-17 and reserve $462 million for appropriation in future years. The bills would direct cap and trade revenues to a variety of state agencies, including the Air Resources Board, Strategic Growth Council, Transportation Agency, Natural Resources Agency, Department of Food and Agriculture, Department of Forestry and Fire, and CalRecycle. Cap and trade revenues will fund programs such as clean vehicle rebates, enhanced fleet modernization, heavy-duty and off-road vehicle investments, transit-oriented development and intercity rail, urban greening, methane emission reduction from dairy and livestock operations, urban forestry and assistance to disadvantaged communities.

AB 2722 creates the Transformative Climate Communities Program, administered by the Strategic Growth Council, for broad-based GHG emission reduction projects in disadvantaged communities. As part of the implementation for AB 2722, the Council has already released a notice of proposed rulemaking soliciting comments on the development of grant guidelines.

AB 1550 modifies cap and trade laws to require that at least 25 percent of auction proceeds go to projects benefitting disadvantaged communities and at least an additional 10 percent for low-income households and communities.

If you have any questions about these new laws or how they may impact your organization, please contact the attorney author of this Legal Alert listed to the right in the firm’s Environmental Law & Natural Resources practice group, or your BB&K attorney.

Please feel free to share this Legal Alert or subscribe by clicking here. Follow us on Twitter @BBKlaw.

Disclaimer: BB&K legal alerts are not intended as legal advice. Additional facts or future developments may affect subjects contained herein. Seek the advice of an attorney before acting or relying upon any information in this communiqué.

LCC Annual Conference

05 Oct 2016 00:00:00 -0800

Join Best Best & Krieger LLP at the 2016 League of California Cities’ Annual Conference in Long Beach, Calif.

BB&K Speakers

Ruben Duran: “Understanding Public Service Ethics Laws and Principles (AB 1234 Training)”
Wednesday, Oct. 5
9 - 11 a.m.

Alisha Winterswyk: “Complying with CEQA, Brown Act, and Other Public Noticing Requirements”
Thursday, Oct. 6
8 - 9:30 a.m.

Ryan Baron: “Energy Reliability: Understanding the Natural Gas and Electricity Nexus”
Thursday, Oct. 6
Noon

Gail Karish and Christy Marie Lopez: “The Advance of Wireless Infrastructure”
Thursday, Oct. 6
4:15 - 5:30 p.m.

Isabel Safie and Katrina Veldkamp: “Reducing Pension and OPEB Costs”
Thursday, Oct. 6
4:15 - 5:30 p.m.

Jordan Ferguson: “What Municipalities Can Do About the Coming Drone-pocalypse”
Friday, Oct. 7
10:30 - 11:45 a.m.

When
Wednesday, Oct. 5 - Friday, Oct. 7

Where
Long Beach Convention Center
300 E Ocean Blvd
Long Beach, CA 90802

For more information or to register, click here.