The Capacity Crunch, Part Two: Public Utilities, Resource Planning & Deployment, and the IRA
Nota Bene Podcast Episode 133: What’s Driving the Shift Toward Renewable Energy? with Paul Kaufman and Ben Huffman
On-Demand Webinar | Eminent Domain in 2020: A Year in Review
Effective October 3, 2023, the construction competitive bidding threshold for certain Ohio political subdivisions including libraries, counties, and townships will increase from $50,000 to $75,000 through 2024, and will...more
One of the fundamental home rule powers of Ohio municipalities is the ability to own and operate public utilities to serve their communities. Many Ohio municipalities exercise this home rule power by operating their own...more
The COVID-19 pandemic has caused companies, individuals and municipalities to even more closely examine their budgets and services to determine how they can reduce compliance risks, operating expenses and future capital...more
The City of LaGrange, Georgia, owns and operates a water supply system. It provides water service both within its corporate limits and beyond. In many areas outside city limits, the City is the sole provider of water service....more
We’ve previously reported on Senate Bill 917, which was introduced on February 3, 2020, by Senator Wiener (D-San Francisco) to establish a process for a potential government takeover of investor-owned electrical, gas and...more
While the threat of contamination through exposure to wastewater is unlikely, there are additional steps municipal wastewater utilities can implement to not only protect its personnel and the users it serves, but to also...more
On December 4, 2019, the Borough of Phoenixville, Chester County (“Borough”) closed on the sale of a portion of its water system to Aqua Pennsylvania, Inc. (“Aqua”) for $3.46 million. Importantly, the Borough will retain...more
Welcome to 2020! It is a new year and with every new year, comes a lot of new: new goals, new diet, new workout routines that leave every part of you sore... In the professional setting, a new year brings a lot of “chores,”...more
The Pennsylvania (PA) Supreme Court issued its unanimous decision on August 20 in PPL Electric Utilities Corp. v. City of Lancaster, invalidating a municipality’s efforts to impose annual fees on utilities to occupy public...more
On August 15, 2019, the California Supreme Court (“Supreme Court”) issued its first inverse condemnation opinion in more than 22 years in the case City of Oroville v. Superior Court of Butte County, Case No. S243247...more
The Cuyahoga County Court of Common Pleas dismissed a class action lawsuit against Cleveland Public Power (CPP), holding that certain utility charges totaling more than $188 million were not unlawful....more
A city’s annual budgetary transfer from its electric utility to its general fund, referred to as a payment in lieu of taxes and known as PILOT, is an electric utility cost and not an exaction subject to Proposition 26, the...more
Controversy and litigation have erupted in North Carolina in recent years with regard to water and sewer impact fees levied by cities and counties on new real estate development. The fees are authorized in "local bill" State...more
If you happen to work in local government, are a developer who has worked with a local government, or simply have an interest in the world of municipal water and sewer services, you are no doubt aware of the North Carolina...more
On Thursday, April 14, 2016, Pennsylvania Governor Tom Wolf signed Act 12 of 2016 (Act 12) into law. Among other things, Act 12 revises Chapter 13 of the Pennsylvania Public Utility Code (the Code) to provide a framework for...more
Large privately held, publicly regulated utility companies with a focus on rapid growth and expansion throughout the Commonwealth have a new target - municipally owned water and wastewater systems. Pennsylvania legislation...more
Impact fees are defined, generally, as a charge on new development to pay for the construction or expansion of off-site capital improvements that are necessitated by and/or benefit the new development. Impact fees have been...more
From restrictions on yard irrigation to public awareness campaigns, California’s water suppliers are using a variety of approaches to meet mandatory water cutbacks resulting from the drought. Here are some notable examples...more
California Appellate Court Holds that Transfer Did Not Violate Proposition 218 - In a challenge to the transfer of revenues from a city’s wastewater utility to its general fund, a California Appellate Court held Tuesday...more
It may come as a surprise that people fight over water in soggy Oregon and Washington. To be sure, we have not experienced the same level of conflict over competing water needs as our neighbors in the southwest, but in fact...more
On February 19, the Third District Court of Appeal issued an order denying requests by both parties for a rehearing of its recent decision, Citizens for Fair REU Rates v. City of Redding. This decision held that a municipal...more
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
In 2012, the city of Philadelphia announced plans to privatize the Philadelphia Gas Works ("PGW"). PGW is the nation’s largest municipality-owned natural gas utility with more than 6,000 miles of gas mains and service pipes...more