News: Proposition 218 Decision & Funding Opportunity – Draft Solicitation for Public Comment
Reimbursement for State Mandates Denied Because Proposition 218 Does Not Affect Local Governments’ Fee-Levying Authority
The Third District Court of Appeal issued a decision this week holding that Proposition 218 does not affect the authority of local governments to impose fees or charges to recover the costs of state mandates. Paradise Irrigation Dist. v. Comm’n on State Mandates (Oct. 1, 2018, C081929) __Cal.App.5th__ [2018 Cal. App. Lexis 894]. The court also held that local governments’ fee authority is not controlled by whether they have tried and failed to impose fees. Even if a local government unsuccessfully attempts to impose a fee to cover a state mandated cost, it will not be entitled to reimbursement. As a result, local governments may find themselves in a position where they could be unable to pay for new requirements imposed by the state.
More from Somach Simmons & Dunn, click this link: https://www.somachlaw.com/policy-alert/reimbursement-for-state-mandates-denied-because-proposition-218-does-not-affect-local-governments-fee-levying-authority/
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FUNDING OPPORTUNITY: Release of 2018 Prop 1 – IRWM Implementation Grant Draft Solicitation Docs for Public Comment
From the Department of Water Resources, Division of Integrated Regional Water Management:
On October 5, 2018 DWR released the 2018 Proposition 1 – Round 1 IRWM Implementation Grant Draft Proposal Solicitation Package and Draft Guidelines for public review. DWR is proposing that approximately $194 million be made available for implementation projects with approximately $18 million designated for projects that provide benefits to Disadvantaged Communities. DWR encourages public comment on the draft solicitation package documents found below. DWR will close the public comment period Tuesday, November 20, 2018 at 5pm.
