Best Best & Krieger News Feed

Ensuring the Financial Health of Your Utility After California's Historic Drought

12 Jan 2017 00:00:00 -0800

As agencies recover from a period of reduced water sales revenues as a result of California's historic drought, several questions remain as to what to expect going forward.

RFC is offering this workshop to help California utilities learn how to develop sustainable financial plans and prepare for California's next drought. Come learn from industry experts:

How to generate sufficient revenue with uncertain sales projections.
A step-by-step approach to developing defensible, cost of service-based rates.
How to be financially prepared for California's next drought.

This session will feature BB&K Partner Kelly Salt, one of California's most well-known authorities on ratemaking law. Kelly works with public agencies on bond and municipal finance matters, rate setting and compliance with Propositions 218 and 26, and drought management and water conservation programs.

REGISTRATION
$40 early-bird, $50 general admission (early-bird ends October 28).

Click Here to Register
Date: Thursday, Jan. 12
Time: 9:30 a.m. - 3:30 p.m.
Location: East Bay Municipal Utility District, 375 11th Street, Oakland, CA 94607
Room: Large Training Room
This session is limited to the first 35 registrants. Ticket sales will end Thursday, Jan. 5.

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.

Free BB&K Webinar Series: Prop. 64 - Marijuana, Employer Policies and Employee Rights

14 Dec 2016 00:00:00 -0800

On Nov. 8, California voters approved Proposition 64, legalizing recreational use of marijuana. Prop. 64 promises to usher in a new era, with the growth of the recreational marijuana industry and changing attitudes toward marijuana use, and with it, new challenges and opportunities for local governments, regulators, local staff, and the entrepreneurs and landowners who will be vital to the growth of the new industry. For the past several years, Best Best & Krieger has worked on the cutting edge of marijuana issues, drafting dozens of regulations and advising public agency clients in their efforts to create marijuana policies that serve their best interests. Now, BB&K is introducing a webinar series to map out this brave new world.

Second Webinar - Dec. 14:
"Marijuana, Employer Policies and Employee Rights"
As many states, including California, Nevada, Maine and Massachusetts, have passed laws for the legal use of marijuana, employers are left questioning their drug use policies. Explore this important issue in light of federal and state laws, and existing employer policies. We'll discuss whether an employer can discipline an employee for off-hours and off-site use or influence, if it makes a difference if use is for medical or recreational reasons, and if employers can still lawfully implement zero-tolerance drug use policies. You'll also learn how employers might accommodate medical marijuana use. Find out what should and should not be included in your policy to ensure that any actions you are taking based on that policy will not subject your business or agency to lawsuits or legal challenges.

Who Should Attend:

Human resources professionals
Public agencies and private businesses
Managers who handle personnel issues
General and in-house counsel
Officials, management and staff at all levels who may have an interest in marijuana-related policies
Entrepreneurs hoping to enter the marijuana industry

When:
Wednesday, Dec. 14
10:30 - 11:30 a.m. PST

Click here to register.

Click here for questions.

Future Prop. 64 Webinar Topics - Dates to be Announced Soon:

Tax and Ballot Measure Implications
Land Use and CEQA Implications
Public Safety Implications

The Courts, the Hill and the FCC - A Year in Review and Setting the Stage for 2017

12 Dec 2016 00:00:00 -0800

Best Best & Krieger LLP Partner Gail Karish will participate in a live 60-minute webinar entitled "The Courts, the Hill and the FCC - A Year in Review and Setting the Stage for 2017." The panel of experts will assess how 2016 affected policy and practice on key communications issues and will provide their views of what may be coming in 2017 - and how local governments can prepare.

When
Monday, Dec. 12
11 a.m. - Noon (PST) / 2 - 3 p.m. (EST)

For more information or to register, click here.

Marijuana is Legal. How Should Employers Respond?

12 Dec 2016 00:00:00 -0800

Proposition 64 passed, what do you do now? Best Best & Krieger LLP Partner Joseph Ortiz will share best practices and tips on how to navigate the coming months and how to prevent workplace lawsuits. Discover how the legalization of marijuana may impact your business and determine your next steps as an employer.

When
Monday, Dec. 12
7:30 - 9 a.m.

Where
Greater Riverside Chambers of Commerce
Bourns Boardroom
3985 University Avenue
Riverside, CA 92501

For more information and to register, click here.

Are Private E-mails & Text Messages “Public Records?”

09 Dec 2016 00:00:00 -0800

Public agencies in California should prepare for the likelihood that communications on officials’ and employees’ private devices related to the agency’s “conduct of the public’s business” will be subject to disclosure under the state’s Public Records Act. While it is impossible to predict exactly how the California Supreme Court will rule on this issue, questions and comments from the bench during oral argument on Wednesday makes it appear likely the justices will strike down a lower court’s decision. That would mean that such communications are subject to disclosure under the PRA, even if those communications are not retained by or in possession of the public agency.

This “open government” issue has simmered — if not raged — for years. A number of trial courts have found such communications are subject to the PRA. However, in 2014, the Sixth District Court of Appeal held in a published opinion that, because the City of San Jose did not have access to messages on the private accounts and devices of its officials, those records were not “public records” required to be disclosed under the PRA. The California Supreme Court soon after agreed to review that decision. City of San Jose et al. v. Superior Court (Smith) S218066. Public agencies and open government advocates have been anxiously awaiting resolution of the question.

If the discussion during oral argument reveals the thinking the justices will bring to their deliberations, and are a harbinger of their upcoming decision, it appears likely the Court will strike down the appellate court’s decision and hold that such communications are subject to disclosure under the PRA. The Court has 90 days to issue its decision, although it regularly issues opinions within 45 to 60 days of argument.

The Court’s decision will have an immediate impact, as it will be the final word on the subject, and binding on all agencies and courts throughout California. Given the recent history of this issue in the lower courts, it is anticipated that open government advocates and the media will immediately begin to make public records requests for communications on the private devices of officials and employees, if the Supreme Court holds as the tenor of the questions at oral argument seemed to indicate.

Officials and employees should be alerted now to the potential that, within the next two to three months, or less, communications on their private devices related to their agency’s “conduct of the public’s business” (a term that has been broadly construed by the courts) will be subject to disclosure under the PRA. Agency officials should give thought as to how to accommodate privacy and free speech concerns of its officials, employees and constituents; how to account for and “capture” covered communications; how to ensure compliance with the inevitable requests that will be made; how to meet the time constraints of the PRA in this new milieu; and how to address requests for communications for former officials and employees that could still exist.

Best Best & Krieger LLP lawyers are prepared to assist in meeting the legal, policy and procedural compliance challenges, regardless of the result of the Court’s decision in this case. If you have any questions about this case or how it may impact your agency, please contact the attorney authors of this Legal Alert 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.

[VIDEO] BB&K Webinar: Annual Labor & Employment Update 2016

08 Dec 2016 00:00:00 -0800

BB&K Labor and Employment attorneys discussed new legislation and case law impacting California employers - private and public.

What was discussed:

New legislation
Wage and hour update
Harassment, discrimination and retaliation
Disability discrimination and medical leaves
Benefits update including discussion of the Affordable Care Act and the Flores case
Marijuana in the workplace
Public agency cases and updates

This activity has been approved for minimum continuing legal education by the State Bar of California in the amount of two (2) hours of General Participatory credit. Best Best & Krieger LLP certifies that this activity conforms to the standards of approved educational activities prescribed by the rules and regulations of the State Bar of California governing minimum continuing legal education. Best Best & Krieger LLP is a State Bar of California Approved Provider, #1035.

When:
Thursday, Dec. 8
9:30 - 11:30 a.m. PT

Click here for questions.

Materials
Annual Labor & Employment Law Update
New Legislation and Case Summaries

To view a recording of the webinar, click here.

Claims Resolution Procedure Changes

02 Dec 2016 00:00:00 -0800

Claims resolution procedures for public contracts in California will change under a new law that takes effect Jan. 1. Assembly Bill 626, recently signed by Gov. Jerry Brown, establishes a claims resolution process applicable to any contractor claim, as defined, filed in connection with a public works project for contracts entered into on or after Jan. 1, 2017.

Public Contract Code section 20104, which remains in place and establishes a dispute resolution procedure for local agencies, only applies to public works claims of $375,000 or less; however, AB 626 will apply to all public works claims, regardless of the amount.

Within 45 days of receipt of any claim, AB 626 requires specified public entities to provide a written statement to the claimant identifying the disputed and undisputed portions of the claim. If a written response is not timely issued, the entire claim is deemed rejected. If the claimant disputes the public entity’s response, the claimant may demand a meet-and-confer conference, and any portion of the claim that the parties continue to dispute following the conference is subject to nonbinding mediation.

Payment due on undisputed portions of a claim must be processed within 60 days, and unpaid claim amounts accrue interest at 7 percent per annum. AB 626 also establishes a formal process for subcontractors and lower tier subcontractors that lack standing to assert claims to request the prime contractor to pass through claims, and imposes requirements on the prime contractor with regard to any such requests. AB 626 does not affect other existing claims resolution procedures, such as the Government Claims Act.

Moving forward, this process must be included in the plans or specifications for all public works projects. Best Best & Krieger LLP will issue additional, detailed guidance to clients regarding incorporating these provisions into contract documents. If you have any questions about this legislation or how it may impact your agency, please contact the attorney authors of this Legal Alert, 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.

Draft Plan Released to Establish Permanent Water Conservation Requirements Throughout California

02 Dec 2016 00:00:00 -0800

Urban water agencies would face an increasingly expansive set of water conservation laws and regulations under a new draft plan released Wednesday. The plan, which also addresses water use in agriculture and other sectors, was developed jointly by five state agencies, including the State Water Resources Control Board and the Department of Water Resources. Public comments on the plan are due Dec. 19.

The draft plan was developed in response to Executive Order B-37-16, which Gov. Jerry Brown issued May 9 to address drought preparedness and long-term water conservation. While a number of the draft plan’s provisions would be implemented under already existing authorities, other elements would require either rulemaking by state agencies or new legislation.

During the past two years, water supply agencies have had to deal with challenging emergency water conservation regulations adopted by the State Water Board in the face of a lingering and serious statewide drought. The draft plan moves away from the piecemeal emergency regulatory approach by calling for a new permanent water conservation regime for the State.

A key element involves a requirement that the state’s 410 urban water suppliers meet new water use targets, which would be set locally based on state standards applied to unique local conditions. The proposed new approach is designed to take into account the unique climatic, demographic, geographic and land-use characteristics of each urban water agency’s service area. The Executive Order requires that the new water use targets build on existing statutory requirements that the State achieve a 20 percent reduction in urban water usage by 2020. Under the proposed regime, DWR and the State Water Board would develop new standards by 2020 to address four sectors:

Indoor residential per capita water use
Outdoor irrigation
Water lost through leaks
Commercial, industrial and institutional water use

Local urban water suppliers would calculate their own unique water use targets based on the state standards, and would be required to achieve compliance by 2025. The targets would change each year because, although the standards would be permanent, the targets would be based on variable metrics including population, landscape area and evapotranspiration. The draft plan calls for suppliers to submit annual progress reports to the State, as well as monthly and annual water use data. Suppliers failing to meet their targets could face enforcement actions by the State Water Board.

The draft plan implementing the Executive Order contains a number of other elements, including:

Potential extension of the Board’s current emergency water conservation regulations, which are in effect through February 2017, for an additional 270 days, depending on ongoing drought conditions.
Establishment of permanent monthly urban water use reporting requirements and permanent prohibitions on wasteful water practices, such as hosing down sidewalks, through State Water Board rulemaking.
New measures achieved through rulemaking by several agencies to reduce water lost through leaks.
New legislation requiring urban water suppliers to submit “Water Shortage Contingency Plans” to the State, to conduct a “Five-Year Drought Risk Assessment” every five years, and to submit a water budget forecast annually to the State.
New actions to improve drought preparation among small water suppliers and rural communities.
New legislation placing water use efficiency and drought planning requirements, such as water budgets and water management plans, on suppliers of water to agricultural users.

Comments on the draft plan should be submitted to wue@water.ca.gov no later than Dec. 19, 2016. More information can be found here.

Best Best & Krieger’s attorneys can assist public agency clients in responding to the draft plan. If you have any questions about this draft plan or how it may impact your agency, please contact the attorney authors of this Legal Alert listed to the right in the firm’s Special Districts 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.

Hillsborough Residents File Suit Over Water Rates

02 Dec 2016 00:00:00 -0800

Best Best & Krieger LLP Partner Kelly Salt, who represents the City of Hillsborough, Calif., discussed with reporters a lawsuit filed over water rates. A group of wealthy residents claim the rates and laws intended to encourage water conservation are illegal. In interviews, Kelly said the rates comply with state law.

“The rates are structured to recover the costs of providing more water to those who demand more water,” she told the East Bay Times. “Do they incidentally encourage people to conserve? Yes. They send a price signal.”

Read the entire story, originally posted Nov. 30, 2016 in the East Bay Times, by clicking here.