Addressing Code Obstructions to Off-Grid Development
Could existing regulations be stifling the potential for off-grid living in our communities? Although state law does not require developers to connect residential buildings to the electric grid, public agencies should consider whether their existing regulations unintentionally restrict off-grid development.
Where We Go From Here: Local and State Efforts to Decarbonize Buildings After California Restaurant Association v. City of Berkeley
After the Ninth Circuit found that federal law preempted the City of Berkeley’s natural gas ban, cities and counties around the State are crafting innovative measures to continue addressing the carbon emissions from buildings. Updated State building codes will also promote decarbonization efforts.
CEQA Administrative Records: Challenges and Considerations When Asserting Claims of Privilege
Public agency attorneys often find it challenging to determine whether a privilege or exemption forecloses the inclusion of certain materials in CEQA administrative records. This is especially so when evaluating whether the deliberative process exemption to the California Public Records Act applies. This article outlines considerations that agency attorneys should consider when making these determinations.
Update on Statewide November 2024 Ballot Measures
Californians once again showed a healthy appetite for using bond funding to address some of the state’s most pressing challenges, but they were selective in what they approved. Read about the outcomes of statewide ballot measures that were on the November ballot that had the potential to change the financial and regulatory landscape for public agencies.
San Francisco Faces Significant Penalties and Improvement Costs Due to Aging Sewer System
In May 2024, the U.S. EPA and San Francisco Regional Water Quality Control Board sued the City and County of San Francisco for violations of water quality laws stemming from operation of its sewer system. Other public agencies can learn from San Francisco’s situation and protect themselves from future financial liability by better understanding their water quality obligations.
The Role of Local Public Agencies in Land Back
A conservation easement granted by the City of Oakland to the Sogorea Te’ Land Trust demonstrates how local public agencies can play an important role in “Land Back,” an Indigenous-led movement that aims to strengthen tribal sovereignty and support cultural revitalization by returning land to Indigenous stewardship.
Update re: Local Governments Urge U.S. Supreme Court Not To Ignore “Givings” When Considering Unconstitutional “Takings”
The U.S. Supreme Court recently issued its decision in Sheetz v. County of El Dorado, examining whether the heightened takings analysis set forth in two previous cases applies to legislatively imposed development impact fees. A unanimous Court agreed that the Nollan /Dolan standard does apply. The Court remanded the case to the California state courts for further proceedings
Community Land Trusts: A Valuable Tool in Promoting Affordable Housing
Under California law, cities are required to identify opportunities to develop sufficient housing to meet the needs of residents of all income levels. However, many municipalities struggle to produce enough affordable housing. This article explores the role community land trusts can play in building and managing affordable housing.
Mitigating Vehicle Miles Traveled
In 2020, the methodology under the California Environmental Quality Act (CEQA) for evaluating transportation-related impacts changed from level of service (LOS) to vehicle miles traveled (VMT). This change has necessitated new strategies for mitigating those impacts. This article outlines several approaches lead agencies may consider to mitigate a project’s significant VMT-related impacts.
Building Decarbonization Update: Local Governments in California Consider Strategies to Reduce Natural Gas Use in Buildings
Following up on the October 2019 and February 2020 editions of In the Public Interest, this article provides an update regarding strategies proposed by several cities and counties to encourage or require existing buildings to go all-electric.