Best Best & Krieger News Feed

The Good, (Potentially) Bad, and (Avoiding) the Ugly: The Benefits, Challenges, and Opportunities Driverless Vehicles Offer to Municipalities

29 Jun 2016 00:00:00 -0800

By Gregory Rodriguez

New innovative and transformative technologies are being incorporated into our transportation networks at a fast pace. No longer are we just talking about laying more concrete for roads as we discuss the future of transportation. Instead, we are talking about incorporating transformative technologies, like driverless cars, into our transportation network. While there are still a lot of unknowns concerning the roll-out of autonomous vehicles — including what safety regulations will look like, their potential societal benefits and economic opportunities — their cutting-edge nature have generated a significant and well deserved amount of “buzz” over a short period of time. However, since such technology does not fit neatly into any existing regulatory framework,1 we are seeing a traffic jam at the intersection of technology and the law.

Despite the regulatory hurdles, the potential benefits from the smart adoption and rollout of driverless technologies appear to be worth the investment of significant time, money and other resources necessary to bring driverless cars onto the market sooner rather than later. Companies like Google, Lyft, Uber, GM, Toyota, Tesla, Apple and others are racing (and investing significant monetary resources) to position themselves as leaders in the development and testing of this technology. Also, Europe, including the United Kingdom and Germany, China and Australia are also looking to be seen as leaders in the advancement of driverless vehicles.

With the development of driverless vehicles appearing to be well past “first gear,” the relevant questions seem to be when, where and how to make sure this technology exists in harmony with our existing transportation network. The correct answers to such questions are critical to preventing a driverless nightmare filled with congestion and counteracting the significant investments and improvements to public transportation made in recent years.

Click here to read the entire article, published in the July/August 2016 issue of Municipal Lawyer, a bimonthly magazine offered by the International Municipal Lawyers Association.

Municipalities May Not Grant Preferential Parking to Residents Based on Dwelling Type

21 Apr 2016 00:00:00 -0800

Local authorities may not institute preferential parking regulations that discriminate among residents based on the residents’ dwelling type, California Attorney General Kamala Harris said in a formal opinion. The opinion was issued earlier this month in response to a request from Sen. Connie M. Leyva (D-Chino) to clarify the Legislature’s delegation of powers under California Vehicle Code section 22507.

Many cities have used these powers to enact resident-only parking regulations to prevent the parking impacts of neighboring uses from spilling into adjacent neighborhoods. Cities have significant latitude to tailor preferential parking programs to meet local circumstances, but Harris concluded that singling out discrete classes of residents is not among the powers delegated under section 22507.

Section 22507 authorizes city councils to restrict or prohibit parking on public streets they designate by resolution or ordinance. Cities can also restrict or prohibit parking on designated streets during certain or all hours of the day. The statute expressly authorizes cities to grant preferential parking privileges to residents for their use and the use of their guests. However, Harris concluded that section 22507 requires resident-only permits to be available to all residents of adjacent streets, not just residents of a particular dwelling type. For example, a city could not grant permits to residents of single family and small two- or four-unit dwellings while denying permits to residents of a similarly situated high-density apartment complex.

The Attorney General is authorized to opine on questions of law to state legislators, heads of state departments, district attorneys, county counsels, sheriffs, and to city attorneys in their prosecutorial capacities. Though they are not bound by Attorney General Opinions, courts accord them “great respect” and “great weight.”

If you have any questions about this opinion or how it may impact your local agency, please contact the attorney authors of this Legal Alert listed to the right in the firm’s Municipal Law 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.

The State of Our Autonomy is... Moving Fast, Optimistic and Filled with Regulatory Questions

17 Mar 2016 00:00:00 -0800

Car manufacturers are pressuring lawmakers to develop a federal regulatory framework for a world where automated vehicles are a reality and not just science fiction. This was clear at a packed Senate committee hearing earlier this week titled “Hands Off: The Future of Self-Driving Cars.” While regulatory questions and operational challenges exist, gears are quickly shifting into “drive” at the federal level. These changes mandate that municipalities remain informed and track forthcoming federal legislation and rulemakings concerning the operation of autonomous vehicles on our roadways.

Many witnesses in the Senate Committee on Commerce, Science & Transportation hearing requested that the federal government step in to prevent varying state and local laws and regulations on autonomous vehicle testing and operation. According to testimony from Google, 23 states have introduced 53 pieces of legislation with different approaches and concepts toward regulating autonomous vehicles. Witnesses warned that such a patchwork and inconsistent approach will hinder ongoing U.S. testing and innovation. It also puts the U.S. at risk of falling behind Europe and Japan, where regulations are being relaxed to allow for more comprehensive and real world testing. Moreover, consistency will be necessary to avoid any confusion when traveling across state lines.

There is evidence that the federal government is stepping into the regulatory landscape. The Department of Transportation announced last week that it will hold hearings in Washington, D.C. and California on how to best integrate the safe operation of automated vehicles onto our roads. This announcement was complimented with the release of a report by the National Highway Traffic Safety Administration discussing potential barriers and challenges of trying to fit autonomous vehicle safety regulations into the existing Federal Motor Vehicles Safety Standards.

These standards were developed when automated vehicles were not even a glimmer in the eyes of regulators. While the barriers identified in the report to meeting existing standards were not insurmountable, the report cautions that compliance challenges substantially grow in size when designs move away from traditional vehicles on the road today. For example, if a car is fully automated, why would it need a steering wheel, side view mirrors and traditional seating? An automated car without such standard features does not work with the current FMVSS, which means new safety standards will need to be adopted. Additional issues, such as privacy and cybersecurity, also need to be addressed.

Lawmakers are rightly excited about the potential opportunities that automated vehicles bring. This growing enthusiasm and pressure on federal lawmakers to ensure the U.S. continues to be a leading innovator in automated vehicles sets the stage for federal regulation. Since municipalities may need to support the infrastructure required for automated vehicle operation — and because the implementation of this technology may have significant impacts on budgets and on planning — localities should watch federal regulatory developments closely, and participate as necessary in relevant rulemakings to protect local interests.

If you have questions regarding regulatory developments concerning autonomous technologies, please contact the author of this Legal Alert listed to the right in the Transportation Law 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.

Hot Topics in Public Infrastructure & Right of Way

10 Mar 2016 00:00:00 -0800

Best Best & Krieger LLP Partner Mary Beth Coburn will sit on a panel discussing "Now Trending: Hot Topics in Public Infrastructure & Right of Way" during the League of California Cities "Hot Topics in Public Infrastructure & Right of Way" conference. The panel will focus on the latest trends in public infrastructure and right of way projects and how recent state legislation is contributing to changes that impact the way in which public agencies administer public works projects.

When
Thursday, March 10
2:15 - 3:15 p.m.

Where
Hyatt Regency Sacramento
1209 L St.
Sacramento, CA 95814

For more information or to register, click here.

New Additions to Washington, D.C. Office Enhance Municipal, Telecommunications, Transportation and Government Relations Services

19 Jan 2016 00:00:00 -0800

WASHINGTON, D.C. - Best Best & Krieger LLP’s Washington, D.C. office is continuing to grow. Recent additions to the 125-year-old firm’s newest office bring a wealth of experience and knowledge that will benefit our public agency clients — especially in the telecommunications and transportation arenas and in the area of government relations.

Drew Clark recently joined BB&K’s Washington, D.C. office as of counsel in the Municipal Law practice group. Clark's practice lies at the intersection of telecommunications, policy and the law. He focuses on drafting and negotiating contracts and addressing legal and policy issues in the areas of Internet technology, broadband deployment and intellectual property.

Clark previously practiced at a Utah-based law firm where he worked with cities, special districts and private companies on planning, financing and coordinating efforts of the many partners necessary to construct broadband infrastructure and deploy "Smart City" applications. He has advised both municipal and rural clients on the legal and policy options for building networks. These options include the open access model, franchise agreements and public-private partnerships.

Earlier this year, Greg Rodriguez joined our Washington, D.C. office as of counsel, bringing with him in-house public agency experience and a transportation law focus that will serve our Municipal Law and Special Districts clients well. The group is also working with Cheryl Leanza, president of A Learned Hand, who has a 20-year background in cutting-edge telecommunications and media policy advocacy that benefits the public interest.

“Their arrivals mark exciting additions to our growing Washington, D.C. office, as well as our Municipal Law and Telecommunications groups,” said Washington, D.C. Office Managing Partner Joseph Van Eaton. “Our clients are sure to benefit from having this knowledgeable and experienced group of attorneys working on critical issues that impact so many.”

BB&K opened its Washington, D.C. office in 2011 when it acquired Miller & Van Eaton, which was one of the nation’s leading telecommunications firms. The first BB&K office outside of California, the Washington, D.C. office gives our attorneys and lobbyists a strategically located outpost from which to best assist our clients.

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Best Best & Krieger LLP is a national law firm that focuses on environmental, business, education, municipal and telecommunications law for public agency and private clients. With nearly 200 attorneys, the law firm has nine offices nationwide, including Los Angeles, Sacramento, San Diego and Washington, D.C. For more information, visit www.bbklaw.com or follow @BBKlaw on Twitter.

New California Law Pushes Cities to Approve Electric Vehicle Charging Stations

15 Jan 2016 00:00:00 -0800

A new law that just went into effect pushes local governments to approve applications for the installation of electric vehicle charging stations. Enacted by AB 1236, the law requires cities and counties to approve applications for the installation of electric vehicle charging stations, except in very narrowly defined circumstances. The law also requires cities and counties with populations greater than 200,000 to adopt an ordinance by Sept. 30 that creates an expedited, streamlined permitting process for electric vehicle charging stations. Smaller jurisdictions have until Sept. 30, 2017 to do the same.

The law, which adds Government Code section 65850.7 to the state’s Planning and Zoning Law, significantly limits local governments’ discretion over the approval of applications to install electric vehicle charging stations. The new provision expressly declares the issue a matter of statewide concern, and thus applies to both general law and charter cities. The statute mandates that local governments administratively approve such applications through issuance of a building permit or similar nondiscretionary permit. Local review of an application is limited only to whether it meets all local, state and federal health and safety requirements, and limits local requirements to only those necessary to ensure that the stations will not have specific, adverse impacts on public health or safety. In the event a local agency makes a finding, based upon substantial evidence, that a proposed installation will have a specific, adverse impact, the agency may require the applicant to instead apply for a use permit. Denial of an application for a use permit, in turn, requires specific written findings based upon substantial evidence that the proposed installation would have a specific, adverse impact on public health or safety, and that there is no feasible method to satisfactorily mitigate or avoid the impact.

In clarifying what qualifies as a “specific, adverse impact,” the new law specifically defines that phrase to mean a significant, quantifiable, direct, and unavoidable impact that is based on written, objective and identified health or safety standards or policies. This is a very high threshold, which likely means that local governments will only be able to require a use permit or deny a permit altogether in rare circumstances.

In developing the permitting process, local governments must adopt an ordinance and a checklist of all requirements that a charging station must comply with to be eligible for an expedited review. Applications that satisfy the requirements in the checklist are deemed complete and, consistent with the adopted ordinance, the local agency must thereafter approve the application and issue all required permits. The new law requires the checklist and permitting requirements to be published on the agency’s website, and mandates that local governments accept electronic application submissions and electronic signatures.

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

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.

New California Laws Impacting Public Agencies

18 Dec 2015 00:00:00 -0800

There were many bills passed by California lawmakers this year that will impact municipalities and other public agencies. Follow the link below to read more about the bills that are of specific importance to your work. Please contact us for further information about the bills you see here, or any legal matters with which you need assistance.

RECENT CHANGES

AB 1 - Drought: local governments: fines. Prohibits a city, county, or city and county from imposing a fine under any ordinance for a failure to water a lawn or having a brown lawn during a period for which the Governor has issued a proclamation of a state of emergency based on drought conditions.

AB 2 - Community revitalization authority. Authorizes certain local agencies to form a community revitalization authority within a community revitalization and investment area, as defined, to carry out provisions of the Community Redevelopment Law in that area for purposes related to, among other things, infrastructure, affordable housing and economic revitalization.

SB 21 - Political Reform Act of 1974: gifts of travel. Requires a nonprofit organization that regularly organizes and hosts travel for elected officials, as specified, and that pays for these types of travel for an elected state officer or local elected officeholder, to disclose the names of donors who, in the preceding year, both donated to the nonprofit organization and accompanied an elected officer or officeholder for any portion of the travel, as specified. The bill requires a person who receives a gift of a travel payment from any source to report the travel destination on his or her statement of economic interests. This bill contains other related provisions and other existing laws.

SB 34 - Automated license plate recognition systems: use of data. This bill imposes specified requirements on an "ALPR operator" as defined, including, among others, maintaining reasonable security procedures and practices to protect ALPR information and implementing a usage and privacy policy with respect to that information, as specified. The bill imposes similar requirements on an "ALPR end-user," as defined. This bill contains other related provisions and other existing laws.

AB 57 - Telecommunications: wireless telecommunication facilities. Provides that a collocation or siting application for a wireless telecommunications facility is deemed approved if the city or county fails to approve or disapprove the application within the reasonable time periods specified in applicable decisions of the Federal Communications Commission, all required public notices have been provided regarding the application, and the applicant has provided a notice to the city or county that the reasonable time period has lapsed. This bill contains other existing laws.

AB 69 - Peace officers: body-worn cameras. Requires law enforcement agencies to consider specified best practices when establishing policies and procedures for downloading and storing data from body-worn cameras, including, among other things, prohibiting the unauthorized use, duplication, or distribution of the data, and establishing storage periods for evidentiary and non-evidentiary data, as defined.

SB 88 - Water. Authorizes the State Water Resources Control Board to order consolidation with a receiving water system where a public water system, or a state small water system within a disadvantaged community, consistently fails to provide an adequate supply of safe drinking water. This bill also authorizes the Board to order the extension of service to an area that does not have access to an adequate supply of safe drinking water so long as the extension of service is an interim extension of service in preparation for consolidation.

SB 107 - Local government. Current law dissolved redevelopment agencies and community development agencies as of Feb. 1, 2012, and provides for the designation of successor agencies to wind down the affairs of the dissolved redevelopment agencies and to, among other things, make payments due for enforceable obligations and to perform obligations required pursuant to any enforceable obligation. This bill provides that any action by the Department of Finance, that occurred on or after June 28, 2011, carrying out the Department's obligations under the provisions described above constitutes a Department action for the preparation, development, or administration of the State budget and is exempt from the Administrative Procedures Act.

AB 169 - Local government: public records. If a local agency, except a school district, maintains an Internet resource, including, but not limited to an Internet website, Internet web page, or Internet web portal, which the local agency describes or titles as "open data," and the local agency voluntarily posts a public record on that Internet resource, then this bill requires the local agency to post the public record in an open format that meets specified requirements, including, among others, that the format is able to be retrieved, downloaded, indexed, and searched by a commonly used Internet search application.

AB 219 - Public works: concrete delivery. Current law defines "public works," for purposes of requirements regarding the payment of prevailing wages for public works projects, to include, among other things, the hauling of refuse from a public works site to an outside disposal location with respect to contracts involving any state agency. This bill expands the definition of "public works" for these purposes to include the hauling and delivery of ready-mixed concrete, as defined, to carry out a public works contract, with respect to contracts involving any state agency or any political subdivision of the State.

SB 239 - Local services: contracts: fire protection services. With certain exceptions, this bill permits a public agency to exercise new or extended services outside the public agency's jurisdictional boundaries pursuant to a fire protection contract, as defined, only if the public agency receives written approval from the local agency formation commission in the affected county. This bill contains other related provisions and other existing laws.

AB 243 - Medical marijuana. Requires the Department of Food and Agriculture, the Department of Pesticide Regulation, the State Department of Public Health, the Department of Fish and Wildlife, and the State Water Resources Control Board to promulgate regulations or standards relating to medical marijuana and its cultivation, as specified. The bill also requires various state agencies to take specified actions to mitigate the impact that marijuana cultivation has on the environment.

AB 266 - Medical marijuana. Enacts the Medical Marijuana Regulation and Safety Act for the licensure and regulation of medical marijuana and establishes, within the Department of Consumer Affairs, the Bureau of Medical Marijuana Regulation, under the supervision and control of the director of Consumer Affairs. The bill would require the director to administer and enforce the provisions of the Act.

SB 272 - The California Public Records Act: local agencies: inventory. Requires each local agency, except a local educational agency, in implementing the California Public Records Act, to create a catalog of enterprise systems, as defined, to make the catalog publicly available upon request in the office of the person or officer designated by the agency's legislative body, and to post the catalog on the local agency's Internet website.

AB 277 (& SB 493) - Legislation narrows use of at-large elections to elect public officials. AB 277 codifies the holding in Jauregui v. City of Palmdale (2014) 226 Cal.App.4th 781 to prohibit the use of at-large elections in a political subdivision if it would impair the ability of a protected class to elect their chosen candidates or otherwise influence the outcome of an election. The definition of “political subdivision” has been amended to expressly include a charter city, charter county, or charter city and county.

AB 313 - Enhanced infrastructure financing districts. Requires, after the adoption of a resolution of intention to establish a proposed district, the legislative body to send a copy of the resolution to the public financing authority. This bill would revise the duties of the public financing authority after the resolution of intention to establish the proposed district has been adopted, so that the public financing authority, instead of the legislative body, will perform the specified duties related to the preparation, proposal, and adoption of the infrastructure financing plan and the adoption of the formation of the district.

SB 331 – Public contracts: local agencies: negotiations. Enacts the Civic Reporting Openness in Negotiations Efficiency Act to establish specific procedures for the negotiation and approval of certain contracts valued at $250,000 or more for goods or services by cities, counties, cities and counties, or special districts that have adopted a civic openness in negotiations ordinance, defined as an ordinance imposing specified requirements as part of any collective bargaining process undertaken pursuant to the Meyers-Milias-Brown Act. The Act requires the designation of an independent auditor to review and report on the cost of any proposed contract.

SB 374 - Local agency design-build projects: transit districts. This bill specifies that the definition of a local agency authorized to use the design-build method of project delivery includes the San Diego Association of Governments. The bill defines projects, as it pertains to the San Diego Association of Governments, to include development projects adjacent, or physically or functionally related, to transit facilities developed by the association.

SB 383 – Civil actions: objections to pleadings. Requires a demurring party in certain civil actions, before filing the demurrer, to engage in a specified meet-and-confer process with the party who filed the pleading demurred to. This is for the purpose of determining whether an agreement can be reached as to the filing of an amended pleading that would resolve the objections to be raised in the demurrer. The bill prohibits a party from amending a complaint or cross-complaint more than three times in response to a demurrer filed before the case is at issue, except as specified.

AB 401 - Low-Income Water Rate Assistance Program. Requires the State Water Resources Control Board, no later than Jan. 1, 2018, in collaboration with the State Board of Equalization and relevant stakeholders, to develop a plan for the funding and implementation of the Low-Income Water Rate Assistance Program, which includes specified elements. The bill permits the board to consider existing rate assistance programs authorized by the commission in developing the plan and authorizes the plan to include recommendations for other cost-effective methods of offering assistance to low-income water customers.

AB 402 – Local agency services: contracts. Establishes a pilot program, until Jan. 1, 2021, for the Napa and San Bernardino commissions that permits those commissions to authorize a city or district to provide new or extended services outside both its jurisdictional boundaries and its sphere of influence under specified circumstances. This bill contains other related provisions.

SB 415 - Voter participation. Beginning Jan. 1, 2018, this law prohibits a political subdivision, as defined, from holding an election, other than on a statewide election date, if holding an election on a non-concurrent date has previously resulted in voter turnout for a regularly scheduled election in that political subdivision being at least 25 percent less than the average voter turnout within the political subdivision for the previous four statewide general elections, except as specified. This bill contains other related provisions.

SB 493 (& AB 277) - Legislation narrows use of at-large elections to elect public officials. SB 493 authorizes the legislative body of a city with a population of fewer than 100,000 people to adopt an ordinance that requires the members of the legislative body to be elected by district without submitting the ordinance to the voters for approval.

SB 533 - Cities and counties: sales and use tax agreements. Repeals a specified prohibition of the Bradley-Burns Uniform Local Sales and Use Tax Law and instead prohibits, on or after Jan. 1, a local agency from entering into any form of agreement that would result, directly or indirectly, in the payment, transfer, diversion, or rebate of Bradley-Burns local tax revenues to any person, as defined, for any purpose, if the agreement results in a reduction in the amount of Bradley-Burns local tax revenues that, in the absence of the agreement, would be received by another local agency and the retailer continues to maintain a physical presence within the territorial jurisdiction of that other local agency, with specified exceptions.

AB 552 - Public works contracts: damages. Among other things, this bill provides that a public works contract, entered into on or after Jan. 1, that contains a clause expressly requiring a contractor to be responsible for delay damages, as defined, is not enforceable unless the delay damages have been liquidated to a set amount and identified in the public works contract. Under the bill, these provisions do not apply to specified state agencies. The bill also makes findings and declarations related to public contracts.

SB 555 - Urban retail water suppliers: water loss management. This bill requires each urban retail water supplier, on or before Oct. 1, 2017, and on or before Oct. 1 of each year thereafter, to submit a completed and validated water loss audit report for the previous calendar year or previous fiscal year as prescribed by rules adopted by the Department of Water Resources on or before Jan. 1, 2017, and updated as provided. The bill requires the Department to post all validated water loss audit reports on its website in a manner that allows for comparisons across water suppliers and to make these reports available for public viewing.

SB 570 - Personal information: privacy: breach. Current law requires a person, business, or agency that is required to issue a security breach notification to meet specific requirements, including that the notification be written in plain language. This bill additionally requires the security breach notification to be titled "Notice of Data Breach" and to present the information under prescribed headings. The bill prescribes a model security breach notification form, as specified.

AB 594 - Political Reform Act of 1974: campaign statements. Recasts the requirements for filing pre-election statements and repeals other reporting requirements, including supplemental pre-election statements and supplemental independent expenditure reports. This bill contains other related provisions and other existing laws.

AB 622 - Employment: E-Verify system: unlawful business practices. Expands the definition of an unlawful employment practice to prohibit an employer or any other person or entity from using the E-Verify system at a time or in a manner not required by a specified federal law or not authorized by a federal agency memorandum of understanding to check the employment authorization status of an existing employee or an applicant who has not received an offer of employment, except as required by federal law or as a condition of receiving federal funds.

SB 643 - Medical marijuana. Sets forth standards for a physician and surgeon prescribing medical cannabis and requires the Medical Board of California to prioritize its investigative and prosecutorial resources to identify and discipline physicians and surgeons that have repeatedly recommended excessive cannabis to patients for medical purposes or repeatedly recommended cannabis to patients for medical purposes without a good faith examination, as specified. The bill requires the Bureau of Medical Marijuana to require an applicant to furnish a full set of fingerprints for the purposes of conducting criminal history record checks.

SB 664 - Water: urban water management planning. This bill requires an urban water supplier to include within its plan, beginning Jan. 1, 2020, a seismic risk assessment and mitigation plan to assess the vulnerability of each of the various facilities of a water system and mitigate those vulnerabilities. This bill also authorizes an urban water supplier to comply with this requirement by submitting a copy of the most recently adopted local hazard mitigation plan or multi-hazard mitigation plan under specified federal law that addresses seismic risk.

AB 744 - Planning and zoning: density bonuses. Current law prohibits a city, county, or city and county from requiring a vehicular parking ratio for a housing development that meets specified criteria in excess of specified ratios. Notwithstanding the above-described provisions, this bill additionally prohibits, at the request of the developer, a city, county, or city and county from imposing a vehicular parking ratio, inclusive of handicapped and guest parking, in excess of .5 spaces per bedroom on a development that includes the maximum percentage of low- or very low-income units, as specified, and is located within 1/2 mile of a major transit stop, as defined, and there is unobstructed access to the transit stop from the development.

SB 761 - Advertising: Internet private residence rental listings: notice. Requires a hosting platform, as defined, to provide a specific notice to an occupant listing a residence for short-term rental on a hosting platform that states, among other things, that, if the occupant is a tenant, listing the room, home, condominium, or apartment may violate the lease or contract and could result in legal action by the landlord, including possible eviction.

AB 809 - Local initiative measures: ballot printing specifications. Current law requires that the ballots used when voting on a proposed county, city, or district ordinance submitted to the voters as an initiative measure have printed on them specified text relating to the proposed ordinance and dictates the placement of that text. This bill also requires that, if the ordinance proposes to impose a tax or raise the rate of a tax to be levied, the ballot include in the statement of the ordinance the amount of money to be raised annually and the rate and duration of the tax to be levied.

AB 848 - Alcoholism and drug abuse treatment facilities. Current law requires the State Department of Health Care Services to license adult alcoholism or drug abuse recovery or treatment facilities, as defined. This bill authorizes an adult alcoholism or drug abuse recovery or treatment facility that is licensed under those provisions to allow a licensed physician and surgeon or other health care practitioner, as defined, to provide incidental medical services, as defined, to a resident of the facility at the facility premises under specified limited circumstances.

AB 851 - Local government: organization: disincorporations. Current law authorizes a local agency that is conducting proceedings for the incorporation of a city, formation of a district, change of organization, a reorganization, a change of organization of a city, or a municipal reorganization to propose the adoption of a special tax on behalf of the affected city or district in accordance with this procedure. This bill additionally authorizes a local agency conducting proceedings for the disincorporation of a city to propose the adoption of a special tax on behalf of an affected city in accordance with the above-described procedure.

AB 852 - Public works: prevailing wages. Expands the definition of "public works," for the purposes of provisions relating to the prevailing rate of per diem wages, to also include any construction, alteration, demolition, installation, or repair work done under private contract on a project for a general acute care hospital, except on a project for a rural general acute care hospital with a maximum of 76 beds, when the project is paid for, in whole or in part, with the proceeds of conduit revenue bonds, as defined, that were issued on or after Jan. 1, 2016. This bill contains other related provisions and other existing laws.

AB 856 - Invasion of privacy. Expands liability for physical invasion of privacy to additionally include a person knowingly entering into the airspace above the land of another person without permission, as provided.

AB 901 - Solid waste: reporting requirements: enforcement. The California Integrated Waste Management Act of 1989, administered by the Department of Resources Recycling and Recovery, generally regulates the disposal, management, and recycling of solid waste. This bill revises specified provisions by, among other things, 1.) requiring recycling and composting operations and facilities to submit specified information directly to the Department, rather than to counties, 2.) requiring disposal facility operators to submit tonnage information to the Department, and to counties only on request, and 3.) deleting the requirement for counties to submit that information to cities, regional agencies and the Department.

AB 952 - Local government: vacancies. Provides that if a city council fills a vacancy in an elective office by appointment, and that vacancy occurred in the first half of the term of office and at least 130 days prior to the next general municipal election, the person appointed to fill the vacancy holds office until the next general municipal election at which a person is elected to fill that vacancy, and thereafter, until the person elected is qualified.

AB 953 - Law enforcement: racial profiling. Enacts the Racial and Identity Profiling Act of 2015, which, among other changes, revises the definition of racial profiling to instead refer to racial or identity profiling, and makes a conforming change to the prohibition against peace officers engaging in that practice.

AB 990 - Political Reform Act of 1974: advertisement disclosures. The Political Reform Act of 1974 imposes various disclosure statement requirements with respect to advertisements supporting or opposing a candidate or ballot measure. This bill requires that disclosure statements be printed in no less than 14-point bold, sans serif type font. The bill requires that an advertisement supporting or opposing a candidate that is paid for by an independent expenditure include a disclosure statement with specific content and, if the advertisement is mailed, it requires that the disclosure statement be located within a quarter of an inch of the recipient's name and address and be contained within a box that meets prescribed criteria.

AB 1020 (& AB 1461) - Expanded options for voter registration. AB 1020 authorizes persons to pre-register to vote in an election if that person is at least 16 years of age and makes other voter registration changes applicable to local elections officials.

AB 1077 - Mutual water companies: open meetings. Prohibits a mutual water company from meeting solely in an executive session without holding a meeting. The bill requires notice of a meeting to be given to an eligible person at least four days prior to the meetings. The bill also requires a board of directors of a mutual water company to allow an eligible person to personally attend a meeting of the board, if the eligible person gave the board at least 24 hours advance written notice of his or her intent to personally attend the meeting.

AB 1119 - Public utilities: municipal corporations: rights of way. Requires a municipal corporation, before using any street, alley, avenue or highway within any other municipal corporation or county, to request of the municipal corporation or county that has control over the street, alley, avenue or highway to agree with it upon the location of the use and the terms and conditions to which the use shall be subject. This bill contains other related provisions and other existing laws.

AB 1164 - Water conservation: drought tolerant landscaping. Prohibits a city, including a charter city, county, and city and county, from enacting or enforcing any ordinance or regulation that prohibits the installation of drought tolerant landscaping, synthetic grass or artificial turf on residential property, as specified. The bill additionally states that this is an issue of statewide concern. This bill contains other related provisions.

AB 1191 – Quimby Act: fees. This bill defines the term "fee," as used in the Quimby Act with regard to the expenditure of fees, to include any interest income generated from a fee charged and collected pursuant to that Act. The bill provides that these provisions are declaratory of current law.

AB 1194 - Mental health: involuntary commitment. Under the Lanterman-Petris-Short Act, when a person, as a result of mental health disorder, is a danger to others, or to himself or herself, or gravely disabled, he or she may, upon probable cause, be taken into custody and placed in a facility for 72-hour treatment and evaluation. This bill provides that, when determining if a person should be taken into custody pursuant to specified provisions, the individual making that determination shall consider available relevant information about the historical course of the person's mental disorder if the individual concludes that the information has a reasonable bearing on the determination, and that the individual shall not be limited to consideration of the danger of imminent harm.

AB 1222 - Tow trucks. Current law makes it a misdemeanor for the owner or operator of a tow truck to stop at the scene of an accident or near a disabled vehicle for the purpose of soliciting an engagement for towing services, either directly or indirectly, or to furnish any towing services, unless summoned to the scene, requested to stop, or flagged down by the owner or operator of a disabled vehicle, or requested to perform the service by a law enforcement officer or public agency pursuant to that agency's procedures. This bill applies those provisions to a towing company.

AB 1303 - Subdivision Map Act: map expiration dates. Extends, by 24 months, the expiration date of any approved tentative map or vesting tentative map that was approved on or after Jan. 1, 2002, and not later than July 11, 2013, within a county that meets certain criteria, except as specified. The bill additionally requires the extension of an approved or conditionally approved tentative map or vesting tentative map, or parcel map for which a tentative map or vesting tentative map was approved on or before Dec. 31, 2001, upon application by the subdivider at least 90 days prior to the expiration of the map, as specified.

AB 1358 – School facilities: design-build contracts. Current law authorizes the governing board of a school district, until Jan. 1, 2020, and upon a determination by the governing board of the school district that it is in the best interest of the school district, to enter into a design-build contract for both the design and construction of a school facility if that expenditure exceeds $2.5 million, as provided. This bill makes those provisions inoperative on July 1, 2016, and as of that date, instead authorizes, until Jan. 1, 2025, a school district, with the approval of the governing board of the school district, to procure design-build contracts for public works projects in excess of $1 million, awarding the contract to either the low bid or the best value, as provided.

AB 1431 - Local Agency Public Construction Act: job order contracting. The Local Agency Public Construction Act authorizes job order contracting, as provided, by the Los Angeles Unified School District, until Dec.31, 2020. This bill repeals the provisions relating to the LAUSD and instead authorizes job order contracting in a similar manner for school districts until Jan. 1, 2022.

AB 1461 (& AB 1020) - Expanded options for voter registration. AB 1461 requires the Secretary of State and Department of Motor Vehicles to establish the California New Motor Voter Program. Under this program, the DMV is required to electronically provide to the Secretary of State the records of a person issued an original or renewal driver’s license or state identification card. That person is automatically registered to vote unless s/he affirmatively declines to be registered to vote or is deemed to be ineligible to vote.

AB 1533 - Infrastructure financing. The Bergeson-Peace Infrastructure and Economic Development Bank Act makes findings and declarations, provides definitions and authorizes the board to take various actions in connection with the bank, including the issuance of bonds, as specified. This bill, among other things, revises the definition of economic development facilities to include facilities that are used to provide goods movement and defines goods movement-related infrastructure. The bill revises the definition of port facilities to specifically reference airports, landports, waterports and railports.

AB 1544 - Political Reform Act of 1974: behested payments. The Political Reform Act of 1974 provides for the comprehensive regulation of campaign financing and related matters, including campaign contributions, as defined. This bill provides that the provision relating to payments made by a government agency exclusively governs a payment by a governmental agency that is made principally for legislative or governmental purposes at the behest of a candidate who is an elected officer, and consequently the payment is not subject to the reporting requirement that applies generally to payments made for legislative, governmental, or charitable purposes.

For more information, contact the authors of this Legal Alert listed at right in the firm’s FAST Act, in addition to a more extensive breakdown of funding provided for in the Act.

Block Grants Surface Transportation Program: By converting the Surface Transportation Program to a block grant program, the Act seeks to increase state and local agency control over transportation decisions. The Act focuses a larger share of funding from the Surface Transportation Program toward more populated urban areas and establishes a Tribal Transportation Self-Governance Program under which Indian tribes may receive and administer transportation funds. Complementing the FAST Act, the Department of Transportation is also encouraging the use and development of advanced smart transportation technologies and transit-oriented development through grant programs and initiatives, as we recently discussed in a BBKnowledge post.

Funds Public Transit: It is estimated that $11.8 billion is authorized for programs administered by the Federal Transit Administration, with that amount rising to $12.6 billion in 2020. The FAST Act focuses on transit safety and ensuring a state of good repair for transit systems, in addition to providing funding for the Capital Investment Program administered by the FTA, which includes New Starts. However, the limitation that federal full funding grant agreements be limited to 60 percent is included in the Act.

Further, recognizing how costly vehicle procurements can be for transit agencies, the Act supports cooperative procurements. The FAST Act also establishes a pilot program for cooperative procurements to be administered by eligible nonprofit entities. In taking advantage of such opportunities, it will be important for agencies to review and understand the guidelines for such programs and make sure the necessary legal terms are included in any procurements and contracts.

Emphasizes Role of Rail and Freight Movement: The Act largely emphasizes the importance of our nation’s freight system and the existing strains that need to be addressed. The Act authorizes a new competitive grant known as the Nationally Significant Freight and Highway Projects program, which provides $800 million in funding for 2016, rising to $1 billion in 2020. Eligible applicants for the NSFHP grant include states or groups of states, municipal planning organizations for urban areas and public authorities with a transportation function, such as a port authority. Further, the Act provides resources for the continued update of the National Highway Freight Network.

Provides Clarity in Surface Transportation Project Financing: The Act encourages DOT to ensure all available funding mechanisms are being utilized for transportation projects. In furtherance of this goal, the Act establishes the National Surface Transportation and Innovative Finance Bureau to provide assistance and communicate financing and funding opportunities to eligible entities, and promote innovative financing best practices while reducing costs and risks to taxpayers in the construction and delivery of projects. With regard to large capital projects exceeding $1 billion, federal monies may not be obligated until an applicant demonstrates the ability to meet the non-federal share for the grant.

The Act also encourages the use of low-interest loans provided for rail projects through the Railroad Rehabilitation and Improvement Financing Program. Knowing the Act does not provide enough federal grant monies for all the projects necessary to provide the update and modernization needed to bring the country’s transportation infrastructure up to speed, we anticipate seeing an increase in use of such low-interest funding programs in the future, in addition to the increased use of public-private partnerships for the completion of future transportation projects.

Modernizes Project Delivery and Environmental Oversight: The Act continues the goals of streamlining the environmental review and permitting process, and eliminating duplicate reviews by allowing one lead agency to coordinate the environmental review process under the National Environmental Protection Act.

Embraces Continued Development of New Technologies: The Act continues to support research into the roll-out of autonomous vehicle technologies and requires the Department of Transportation to designate, within the next year, highway corridors where electric charging and hydrogen, propane and natural gas fueling stations and infrastructure should be built. The Act also adds the deployment of low- or zero-emission vehicles to the list of transportation projects eligible for research funding provided under the Act.

While there is always room for improvement and the need remains for a serious discussion on how to fund future transportation projects beyond 2020 (i.e. whether to raise the gas tax or implement a revenue creating alternative), the passage of the FAST Act is a welcome development for states, local governments, planning agencies and our transit providers.

Click here for more additional information on funding included within the Act.

Due to the size and breadth of the FAST Act, we look forward to providing more information on funding opportunities and issues that focus on the trends and best practices coming out of the many transportation and infrastructure projects that will be kicking off across the country. In the meantime, Best Best & Krieger’s transportation and infrastructure attorneys and Government Relations team look forward to assisting agencies in taking advantage of funding opportunities for transportation projects made possible by the FAST Act, assisting in successfully delivering projects, from planning and procurement to construction and project close-out, and helping communities prepare for the introduction of smart technologies, such as automated vehicles into our nation’s transportation network.
For more information, contact the author of this Legal Alert listed at right in the firm’s Government Relations Services group, or your BB&K attorney.

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.

StimULI Breakfast- Changing Lanes: Autonomous Vehicles and the Transportation Infrastructure of Tomorrow

16 Sep 2015 00:00:00 -0800

Best Best & Krieger’s Jamey Wyman will moderate a discussion during the Urban Land Institute Los Angeles’s StimULI Breakfast. The panel will address what will happen when driverless cars start to change our world. Our transportation infrastructure, and much of our economy, is constructed around vehicles and our use of them. The coming of driverless cars may reshape our landscape with the same intensity as the arrival of the Interstate Highway System did.

Sept. 16
7:30 - 9 a.m.

Where:
500 South Figueroa St.
Los Angeles,CA 90071

For more information or to register, click here.

Cities can offset cracked sidewalk liability

14 Oct 2014 00:00:00 -0800

Despite procedural safeguards designed. by the state Legislature to prevent municipalities from becoming the insurer of public ways against all defects, California cities continue to become engaged in litigation arising out of "trip and fall" accidents along its miles and miles of public sidewalks. While excessive litigation against private citizens and corporations is problematic, excessive litigation against California's public entities has devastating potential. The immunities afforded to such entities by the Government Claims Act, codified at Government Code Section 810 et seq., occasionally prove inadequate in protecting against the expenditure of tax payer dollars when defending dangerous condition of public property litigation.

Generally, municipalities are not liable for dangerous conditions of public property where a condition does not pose a substantial (as opposed to trivial) risk of injury to foreseeable users when used with due care. Government Code Sections 830 and 830.2. Yet, in the case of height differentials, cracks, spalling and other defects commonly afflicting city sidewalks, to what extent do private property owners owe a duty to pedestrians and bicyclists for the condition of public sidewalks immediately adjacent to or abutting their property? Streets and Highways Code Section 561o, which imposes a duty of maintenance and repair upon private property owners, often goes unused and even unknown by many public agencies.

In relevant part, Section 5610 provides that, "owners of lots or portions of lots fronting on any portion of a public street ... shall maintain any sidewalk in such condition that the sidewalk will not endanger persons or property.' While it is notable that Section 561.0 does not impose any liability for personal injuries to third parties for a condition of a public sidewalk upon a private property owner, it does impose a duty upon a private property owner to share in the cost of maintaining the adjacent sidewalk In other words, Section 5610 can be utilized by municipalities to help offset the cost of repair to and maintenance of old, damaged, worn out or defective sidewalks, thereby reducing overall costs to the municipalities.

To read the full article in the Daily Journal, which ran Oct. 14, 2014, click here (subscription required).