Solar Eclipse Brings Call to Action From State Energy Officials
Everyone is gearing up for the eclipse next Monday, August 21, 2017. We all know that the Pacific Northwest will experience a total solar eclipse and that we’ll have a partial eclipse here in California. Less well known is the fact that we stand to temporarily lose 5,600 megawatts of solar electricity when the moon obscures the sun. A […]
Despite Recent Uptick in Developer-Sponsored Initiatives, Voters Remain Wary
Photo credit: Joe Mabel, CC BY-SA 3.0, via Wikimedia Commons In Tuolumne Jobs & Small Business Alliance v. Superior Court (2014) 59 Cal.4th 1029, the California Supreme Court held that CEQA does not apply to voter-sponsored initiatives, even where the initiative is adopted by local officials rather than the voters. Since that decision, California cities and counties have seen […]
Defending Local Control of Land Use
By Andrew Schwartz Odds are that President Trump’s Executive Order calling for “review” of President Obama’s Clean Power Plan and designation of national monuments are just the start of his administration’s efforts to eviscerate federal regulations that protect the environment. The potential dismantling of federal environmental protections presents an opportunity for states and local governments […]
California Supreme Court Sheds Light on How Public Agencies Should Manage E-Communications Consistent with the California Public Records Act
On Thursday, the California Supreme Court issued its decision in City of San Jose v. Superior Court, holding that writings that concern public business may be subject to the California Public Records Act (CPRA) even if they are sent and received using private accounts. Recommended Best Practices The Court highlighted how public agencies, employees, elected representatives, […]
State Lawmakers Limit Local Control of Accessory Dwelling Units
Citing California’s housing shortage, state lawmakers recently took aim at local jurisdictions’ review of accessory dwelling units. These units—also known as second units, in-law apartments, or granny flats—can be a valuable form of housing for family members, students, the elderly, care providers and others, sometimes at below market prices within existing neighborhoods. But local jurisdictions […]
Conservation Easements as Mitigation Measures: Tips for Public Agencies
With the continuing loss of open space and farmland to development, more and more agencies seek to mitigate these losses by requiring developers to preserve equivalent land on- or off-site. Conservation easements offer a flexible tool for achieving open space protection, and the courts have upheld easement requirements as legally adequate mitigation for farmland and […]
Don’t Forget the Energy Implications of New Projects – CEQA Guidelines Appendix F
Photo credit: Kevin Dooley, Flickr, CC BY 2.0 Agencies have long relied on existing energy-reduction requirements in building codes, and on the beneficial side effects of reducing greenhouse gases, to demonstrate that a project’s energy use will not be wasteful or inefficient. That approach is no longer sufficient under CEQA, however, without an express assessment […]
Is Community Choice Aggregation the Right Choice for Your Community?
Community choice aggregation is surging in California. The Center for Climate Protection estimates that local governments representing over 17 million California customers are part of a community choice aggregator (CCA), scheduled to launch a CCA, or are actively considering one. Given this growing trend, communities that are not currently involved in a CCA effort may […]
Local Actions Can Help Spur Renewable Energy Growth in California Communities
As renewable energy prices drop and consumer interest grows, many local governments are wondering what they can do to help their residents and businesses reap the benefits of clean energy. Erica McConnell provides an overview of some of the options that local governments have to improve access to renewable energy for their residents and bring […]
Governor’s “By Right” Bill Threatens to Eliminate Local Control over Residential Development
When it returns from its recess, the California Legislature will consider Trailer Bill 707—a proposal by Governor Brown’s office to require “by right” approval of certain residential developments. As the bill would greatly limit local control over land use, its effects would be far reaching. Cities and counties should review the legislation and its implications […]