Kelly Salt

Kelly Salt

Best Best & Krieger LLP

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FAQs on California’s Emergency Water Conservation Regulations

In the wake of Gov. Jerry Brown’s Executive Order calling for mandatory water reductions statewide, the State Water Resources Control Board went to work immediately on drafting emergency measures. Since Brown’s order two...more

4/16/2015 - Drought Emergency Response Enforcement Authority Executive Orders Jerry Brown Proposed Regulation Water Conservation Water Resources Control Board

Proposed Framework for Mandatory Water Use Reductions in California Released

Fast Track Ahead for Emergency Regulations - The State Water Resources Control Board late Tuesday issued the draft framework for forthcoming emergency regulations designed to help the state conserve water in the face...more

4/13/2015 - Drought Emergency Response Executive Orders Jerry Brown Water Conservation Water Resources Control Board

California Water Suppliers Facing Historic Mandatory Restrictions on Water Usage

Governor’s Goal: 25 Percent Statewide Water Savings - For the first time in California’s history, urban water suppliers will soon be required to comply with new mandatory restrictions aimed at achieving a statewide 25...more

4/7/2015 - Drought Emergency Response Executive Orders Jerry Brown Water Conservation Water Resources Control Board

California Public Agency Officials Respond to Governor’s Drought Executive Order

While everyone in California is being asked to conserve water in response to the historic drought, public agencies will be impacted in a different way — how they conduct business....more

4/6/2015 - Drought Emergency Response Government Agencies Jerry Brown State and Local Government Water Conservation

Two California Appellate Court Rulings Demonstrate that Groundwater Pumping Fees are in the Eye of the Beholder

One Holds that the Fee is Subject to Prop. 26 and Another that it is a Property-Related Fee Subject to Prop. 218 - Two California Appellate Court decisions handed down this month address whether or not a local water...more

4/3/2015 - Appeals Fees Groundwater Property Owners Proposition 218 Public Entities

California's State Water Resources Control Board Renews and Imposes Stricter Emergency Water Conservation Regulations

California’s State Water Resources Control Board approved a resolution today renewing and updating statewide emergency water conservation regulations adopted by the Board last year that were set to expire on April 25. The...more

3/20/2015 - Amended Regulation Emergency Response Water Conservation Water Resources Control Board

Court Strikes Down Surcharge on Utility Users Imposed Under a Franchise Agreement

Surcharge Collected for General Revenue Purposes Under a Franchise Agreement must be Approved by Voters - A surcharge on electric utility bills collected by a power company pursuant to a franchise agreement and remitted...more

3/5/2015 - Approval Electricity Franchise Agreements Proposition 218 Public Utilities Commission Special Tax Utility Fees

Court Holds Transfer of Electric Utility Revenues to City's General Fund Through Annual Budget Approval is a Tax under Prop. 26

Payment in Lieu of Taxes Increased After the Adoption of Proposition 26 is not Grandfathered-In - A city’s annual budget transfer from its electric utility to its general fund, referred to as a payment in lieu of taxes...more

1/23/2015 - Municipalities Public Utility Tax Revenues

Stormwater Management Services That Provide a Water Supply Source May Be Funded With Water Service

New Legislation Defines Water for Purposes of Proposition 218 to Include Water from Any Source - Bill 2403 amends the definition of “water” contained in the Proposition 218 Omnibus Implementation Act to “include...more

9/11/2014 - New Legislation Proposition 218 Storm Water Water

Legislature Approves Enhanced Infrastructure Financing Districts; Awaiting Governor Signature

Gov. Jerry Brown’s vision for “Enhanced Infrastructure Financing Districts” was approved by the Legislature and is awaiting Brown’s signature. SB 628 (Beall, D-Campbell), a gut-and-amend bill passed in the last week of the...more

9/3/2014 - Bond Financing Bonds Infrastructure Municipalities New Legislation Public Projects

Proposition 218 Does Not Require Individual Majority Fee Protest Procedures - Court Clarifies Role of Appellate Courts, Standard...

A California court of appeal recently held that a public agency is not required to provide individual protest procedures for each customer class when proposing increases to its water service fees. The court based its decision...more

2/6/2014 - Consumer Utility Costs Water

SB 692 Expands Public Services that May be Financed by a Community Facilities District, Among Other Changes

January 1 Changes to Mello-Roos Community Facilities Act and Marks-Roos Local Bond Pooling Act - Senate Bill 692, effective January 1, 2014, makes several changes to the Mello-Roos Community Facilities Act and the...more

1/6/2014 - Infrastructure Municipal Bonds Public Funds Public Projects Urban Planning & Development

Court Holds Groundwater Augmentation Charge is Not Subject to Voter Approval Requirements of Proposition 218

Notice of a Public Hearing for a Property-related Fee or Charge Must Only be Mailed to the Record Owners of Each Affected Parcel - A California court of appeal recently held that a groundwater management agency’s...more

10/17/2013 - Ballot Measures Fees Groundwater Property Owners

New California Law Establishes Additional Requirements for Conducting Elections Involving Stormwater and Flood Control Service...

Public Agencies Must Adhere to New Steps By Next Summer - Public agencies that handle water, sewer, and solid waste services in California are required to comply with certain mailed notice and majority protest public...more

10/10/2013 - Ballot Measures Fee Approvals Fees Flooding Storm Water

New Law Clarifies that Business Improvement and Tourism Marketing District Assessments are Not Taxes Under Proposition 26

Local Government Bears the Burden of Proving that an Assessment is Not a Tax - Assembly Bill 483, signed as urgency legislation by the Governor on October 4 and effective immediately, clarifies provisions of California...more

10/9/2013 - Annual Assessments Local Taxes Special Districts State and Local Government

Court Rules Voter Initiative Cannot Force Water District to Set Rates Below Level Mandated by State Statute - Water Districts Must...

In Mission Springs Water District v. Verjil, a California appellate court invalidated voter initiatives that had proposed to reduce a water district’s recently adopted rate increases and limit the amount the district could...more

8/13/2013 - Ballot Measures Fees Special Districts Water

Proposition 26 Guide for Special Districts

Kelly Salt, a Best Best & Krieger partner based in San Diego, authored this guide specifically geared toward helping special districts in California navigate the requirements of Proposition 26. Published by the California...more

7/10/2013 - Compliance Fees Income Taxes Local Ordinance Special Districts

California Supreme Court Allows Class Actions for Local Tax Refunds - Class Actions Allowed Despite Local Ordinances Banning Them

The California Supreme Court recently ruled that local tax refund claims may be pursued as class actions, even where a city has an existing ordinance prohibiting such claims. The ruling is broad enough to expose local...more

5/3/2013 - Class Action Local Ordinance Municipalities State and Local Government Tax Refunds

School Districts Cannot Spend Bond Money on Projects Not Disclosed to Voters - School Bonds with 55 Percent Vote Threshold Must...

The Fourth District Court of Appeal recently upheld a challenge to a school district’s spending voter-approved bond proceeds for field lighting at a high school stadium because the ballot proposition did not specifically list...more

5/1/2013 - Bonds Disclosure Requirements Education Budget Funding Public Schools School Districts

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