Best Best & Krieger News Feed

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.

Two BB&K Partners Named Among 100 Influential Leaders in San Diego

05 Oct 2016 00:00:00 -0800

For Immediate Release: Oct. 5, 2016
Media Contact: Denise Nix • 213-787-2552 • denise.nix@bbklaw.com

SAN DIEGO, Calif. – Best Best & Krieger LLP partners Warren Diven and Shawn D. Hagerty were named to The San Diego Daily Transcript’s annual 100 Influential Leaders in San Diego list. The list recognizes the region’s best in the areas of real estate, construction, finance, law, nonprofit and public sector work.

Diven was recognized for his work as the lead attorney behind the development of the Home Energy Renovation Opportunity program. Thousands of San Diego-area residents, and many more in California, have used the financing program to make renewable energy, energy efficient or water conservation improvements to their homes. He is helping cities, counties and unincorporated areas throughout California battle the ongoing energy crisis with the HERO program.

The HERO program began its partnerships in San Diego less than two years ago, and it quickly became an extremely popular and effective way for property owners to make energy efficient improvements to their homes. Warren helped craft the program to ensure its public finance legal framework and compliance, and he continues to oversee of all the program’s bond financings. “This program will continue to grow for the next decade, because there’s so much demand,” Diven told the Daily Transcript. “I’ve heard of people who just want to fix their old air conditioner who end up finding out that they can get a brand new, energy-efficient air conditioner through low fixed-rate loans they can pay off in 15 to 20 years.”

Hagerty’s work as both a municipal and water quality law attorney earned him accolades. Hagerty represents cities, counties and special districts in San Diego County in both advisory and litigation roles. In addition to being the city attorney of the City of Santee for the past 13 years, Hagerty is the corporate counsel for Civic San Diego and is a national leader in the area of water quality regulation.

Hagerty is leading the way both in San Diego and throughout California in ensuring that water quality standards are crafted and implemented in a fair, yet effective manner, by way of his work with multiple agencies. He discussed with the Daily Transcript tough new guidelines for local water and storm water agencies under the federal Clean Water Act. Hagerty knows that local agencies are committed to improving water quality, and, to help achieve this goal, federal, state and local entities must work together with local communities to change longstanding behaviors. Everyone must recognize that we are all part of the problem and can be part of the solution, Hagerty advises.

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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 200 attorneys, the law firm has nine offices nationwide, including Indian Wells, Los Angeles, Sacramento, San Diego and Washington, D.C. For more information, visit www.bbklaw.com or follow @BBKlaw on Twitter.

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.

Agua Caliente v. Coachella Valley Water District, et al.

29 Sep 2016 00:00:00 -0800

Best Best & Krieger LLP Of Counsel Roderick Walston will discuss Agua Caliente v. Coachella Valley Water District, et al. at CLE International's Tribal Water Law's 5th Annual Conference.

Rod will discuss differing perspectives of this case with Mark Reeves of Kilpatrick Townsend & Stockton of Washington, D.C.

When
Thursday, Sept. 29
11 a.m. - 12:15 p.m.

Where
Caesars Palace
3570 S. Las Vegas Blvd.
Las Vegas, NV 89109

For more information or to register, click here.

Office of Planning and Research Proposes Revisions to State CEQA Guidelines

25 Jan 2016 00:00:00 -0800

The California Office of Planning and Research has issued proposed revisions to the State CEQA Guidelines implementing Senate Bill 743 (2013). SB 743 directed OPR to update the Guidelines to include alternative methods of measuring transportation impacts under CEQA, thus changing the metric for measuring traffic impacts from level-of-service to vehicle miles traveled. While OPR released an initial draft of proposed updates to the Guidelines in August 2014, it has now made numerous revisions intended to reflect public input and incorporate state policies regarding greenhouse gas emissions reductions.

The proposed revisions include several changes that may have significant implications moving forward. For example, much of the detail OPR originally proposed to include in Guidelines section 15064.3 and Appendix F was moved to a new draft technical advisory. While this advisory is not binding on lead agencies, it provides “guidance” on how to assess VMT, and contains recommendations regarding thresholds of significance, safety and mitigation measures.

Additionally, OPR has now recommended a two-year “opt-in” period to accommodate those agencies that need time to work through the transition from an LOS to a VMT-based analysis. If adopted, the revisions would apply statewide after this two-year period.

Deadline for comments is 5 p.m. on Feb. 29.

For more information or assistance preparing and/or submitting comments to OPR, please contact one of the attorney authors of this Legal Alert listed at right in the Environmental Law & Natural Resources 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 Law Requires Cities and Counties to Expedite Their Permitting Processes for Small Residential Rooftop Solar Systems

22 Sep 2014 00:00:00 -0800

A new law imposes requirements on cities and counties regarding permitting for small residential rooftop solar energy systems. Under AB 2188, signed Sunday by Gov. Jerry Brown, cities and counties must adopt ordinances, or amend their current ordinances, to create expedited, streamlined permitting processes for small rooftop solar energy systems by Sept. 30, 2015.

To comply with the new law, cities and counties must adopt permitting procedures that conform to the expedited permitting recommendations in the current version of the “California Solar Permitting Guidebook.” In addition, cities and counties must adopt a requirements checklist that small rooftop solar energy systems must comply with to be eligible for expedited review. Cities and counties must publish their checklists and other required permitting documentation on their websites.

According to the new law, an application that meets the checklist’s information requirements is deemed complete; and if an application is incomplete, the city or county must issue a written correction notice. AB 2188 also requires that cities and counties accept electronic submissions of applications and electronic signatures. After an application is complete, and if it is consistent with the city’s or county’s solar permitting ordinance, the city or county may approve the application. However, cities and counties cannot condition their approval on the approval of an association that manages a common interest development. Only one inspection, which is done in a timely manner, is required for a small rooftop solar energy system that is eligible for expedited review.

The requirements outlined in AB 2188 apply only to residential rooftop solar energy systems that are no larger than 10 kilowatts or 30 kilowatts thermal. The systems must be installed on a single or duplex family dwelling, comply with local codes and the California Electrical Code, and not exceed the maximum legal building height. In addition, solar energy systems for heating water in single family residences and solar collectors that heat water in commercial or swimming pool applications must be certified by an accredited listing agency.

For more details or questions about this new law, please contact one of the attorney authors of this legal alert listed at the right in the Renewable Energy 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

California Department of Water Resources Releases Draft 2014 Water-Energy Grant Program Guidelines

26 Jun 2014 00:00:00 -0800

The California Department of Water Resources has released a draft of its 2014 Water-Energy Grant Program Guidelines and Proposal Solicitation Package. The Water-Energy Grant Program funds residential, commercial and institutional water-efficiency projects that reduce water and energy use and greenhouse gas emissions. Local agencies, including cities, counties, special districts and school districts, joint powers authorities and nonprofit organizations that undertake such water-efficiency projects are eligible to apply for funding.

A copy of the draft Guidelines is available by clicking here.

The maximum Water-Energy Grant Program award is $2.5 million per proposal, and DWR intends to award up to $19 million in grants. DWR plans to award 50 percent or more of the funding to projects that benefit disadvantaged communities. Disadvantaged communities include, but are not limited to, areas with concentrations of low-income individuals and areas that are disproportionately affected by environmental pollution.

DWR will hold public meetings to solicit comments on the draft Guidelines in Chino, Fresno and Sacramento. Each meeting will begin at 1 p.m. at the following locations:

The Chino meeting will take place on Aug. 19 at the Inland Empire Utilities Agency at 6075 Kimball Ave.
The Fresno meeting is scheduled for Aug. 21 at the State Building, Assembly Room 1036 at 2550 Mariposa Mall.
The Sacramento meeting will be held on Aug. 25 at the California Environmental Protection Agency Building in the Sierra Hearing Room at 1001 I Street. This meeting will be web broadcast at the following link: http://www.calepa.ca.gov/broadcast/.

Public comments on the draft Guidelines are due to DWR by Sept. 5.

DWR plans to release its final Guidelines in October, and, in November, it will conduct informational workshops throughout the state to provide assistance to applicants. Applicants must submit their project proposals online using DWR’s GRanTS program. DWR has not set the due date for proposals, but expects the date to be in December. DWR plans to award the grants in April or May 2015.

For more details or questions about DWR’s Water-Energy Grant Program, please contact one of the attorney authors of this legal alert listed at the right in the Renewable Energy 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.

CPUC Issues Decision to Protect Solar Customers for 20 Years

31 Mar 2014 00:00:00 -0800

The California Public Utilities Commission (CPUC) recently ruled to protect all existing solar, biogas and wind customers under their current net-energy metering (NEM) contracts for a 20-year grandfathering period. The 20-year period will be calculated from the date of interconnection and will only be available for NEM customers who take service before the earlier of July 1, 2017 or when their utility reaches an existing statutory cap on eligible renewable projects. After the 20-year grandfathering period and after July 1, 2017 (or when their utility reaches an existing statutory cap on eligible renewable projects), NEM customers will be subject to new NEM rules that will be established by the CPUC in a separate proceeding.

Best Best & Krieger represented the Net Energy Metering Public Agency Coalition (NEM-PAC) -- consisting of nine California cities, water districts, school districts and private businesses -- in this proceeding to safeguard public agency investments in renewable energy projects.

This decision is significant as it impacts all entities and individuals with rooftop or carport-mounted solar, wind or biogas installations that are net-energy metered, such as big box retailers, companies, schools, cities, special districts, and other customers (including residential). Net-energy metering is an important State program which allows renewable energy customers to receive full retail credit for the excess energy they produce and feed into the grid; allowing them to “net” out the energy produced versus that which is later consumed. Because of the intermittent and variable nature of solar, net-energy metering is particularly beneficial to solar customers, allowing them to use the utility grid as a “battery,” rolling their meters backwards during the day and then using the energy credits produced during the day later on at night or during cloudy days. The CPUC was responsible for establishing this grandfathering period under Assembly Bill 327. (See also “CPUC Proposes 20-Year Transition Period,” 2-25-14 and “AB 327 Threatens Existing Solar and Renewable Projects,” 2-10-14.)

The CPUC’s decision also permits existing customers to modify or expand their systems by the greater of ten percent of capacity or one kiloWatt without affecting their grandfathering rights. This ensures that existing customers can conduct repairs and minor upgrades on their systems without losing their grandfathering rights.

If you have any questions about the grandfathering period and how it may affect your projects, please contact one of the attorney authors of this legal alert listed at right in the Renewable Energy group, or your BB&K attorney.

Work Session X: Water Quality Planning at 2013 International Municipal Lawyers Association Annual Meeting

01 Oct 2013 00:00:00 -0800

BB&K attorney Shawn Hagerty moderated a panel at the 2013 IMLA Annual Meeting on "Water Quality Planning."

Description:

Municipalities face multiple demands for public services and programs that regularly exceed the limited resources available to perform those services or provide those programs. This problem is particularly acute in municipal service areas such as transportation (roads and bridges), potable water systems, sanitary sewer systems and storm water systems, where the cost of replacing aging infrastructure is often overwhelming. Municipalities must therefore constantly prioritize their expenditures to provide their residents with the highest level of service possible within their limited means.

The session covered:

What Is Integrated Water Quality Planning and How Does it Work?
What Benefits and Challenges Does Integrated Water Quality Planning Present for Municipalities?

When:
October 1, 2013

BB&K Speaker:
Shawn Hagerty, Partner (San Diego, CA)

For more information about the event, please visit the IMLA website.

View the white paper below.

©2013 International Municipal Lawyers Association. This is an informational and educational report distributed by the International Municipal Lawyers Association during its 2013 Annual Conference, held September 29 –October 2, 2013 in San Francisco, CA. IMLA assumes no responsibility for the policies or positions presented in the report or for the presentation of its contents.

Court of Appeal Addresses Greenhouse Gas Emissions Analysis Under CEQA

20 Aug 2013 00:00:00 -0800

The Court of Appeal for the Third District issued its ruling Monday in Friends of Oroville v. City of Oroville. Finding an environmental impact report’s greenhouse gas emissions (GHG) analysis deficient, the court’s ruling provides a road map as to what constitutes substantial evidence supporting an agency’s GHG impacts determination under CEQA. It also confirms that a lead agency may employ a threshold of significance for GHG emissions which asks whether a project would hinder or delay the state’s ability to meet AB 32’s reduction targets.

In a challenge to the City of Oroville’s environmental impact report (EIR) for a Walmart expansion, the court concluded there was insufficient evidence supporting the city’s finding that the project’s GHG emissions would have a less than significant environmental impact after mitigation. The ruling was primarily based on the city’s failure to calculate the existing Walmart’s emissions, and failure to either quantitatively or qualitatively estimate the effect of the project’s mitigation measures on emissions. These calculations, the court concluded, must be done before the city can reasonably determine whether a project’s GHG emissions will result in a significant or less than significant impact.

The court also rejected the EIR’s comparison of project GHG emissions against statewide emissions as a basis for determining whether the project supports or hinders the state’s ability to meet AB 32’s GHG reduction goals. Calling this comparison “meaningless” and “a comparison worse than apples to oranges” the court noted that the emissions of a single store would always look insignificant against California’s total emissions. The relevant question for the project at issue was instead whether a project represents a reduction of emissions in line with AB 32’s goal of reducing “business-as-usual” emissions by approximately 30 percent by the year 2020.

Similarly, the court rejected the EIR’s reasoning that consistency with the AB 32 Scoping Plan was substantial evidence supporting the determination that impacts would be less than significant. The Scoping Plan, developed by the California Air Resources Board, outlines policies and measures to achieve the goals of AB 32, yet most do not apply to individual development projects. The court held that placing such weight on Scoping Plan consistency to sustain the city’s finding ignores the fact that the EIR did not provide figures regarding the existing store’s emissions, or the effect of the project’s mitigation measures.

If you have any questions about this case or how it might impact your agency, please contact Michelle Ouellette, Charity Schiller, Sarah Owsowitz or any attorney in Best Best & Krieger LLP’s Environmental Law & Natural Resources practice group.

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.