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California Supreme Court Strikes Taxpayer Initiative from November Ballot

In a Rare Pre-Election Review, California Supreme Court Strikes Ballot Measure that Would Revise Constitution to Limit Revenue-Raising Authority of State and Local Governments - On June 20, 2024, the California Supreme Court...more

In With the New – Part Four

BB&K's New Law Guidance for a Happy New Year - In Part Four of our “In With the New” series, BB&K covers important new legislation related to the Brown Act, voting rights, water and sewer rate challenges, and general local...more

120-Day Statute of Limitations for New or Increased California Water and Sewer Rates

SB 323 Signed Into Law and Effective Jan. 1 - A challenge to new or increased California water or sewer rates must be brought within 120 days pursuant to Senate Bill 323, which was signed into law this week. SB 323 applies...more

Special Taxes by Voter Initiative Only Require Majority Voter Approval

For the Second Time This Year, California Appellate Court Upholds Voting Requirement - Initiative power is the power of the electorate to propose new laws subject to approval by voters, including the right to impose taxes...more

Local Utility Charges Cannot Be Challenged by Referendum

Calif. Supreme Court Decision in Wilde v. City of Dunsmuir - Local utility charges are not subject to referendum, according to a California Supreme Court decision issued Monday that held that water rates fall within the...more

When is a Franchise Fee a Tax?

Franchise Fees Charged to Waste Hauler are Not a Tax if Reasonably Related to the Value of the Franchise - Franchise fees that exceed the reasonable value of the franchise conveyed may be considered taxes, according to a...more

Statutory Authority to Adopt Fees Negates Any Potential State Mandate Funding - California Appellate Court Finds There is No State...

Local agencies that provide water service may impose fees to recover the costs of providing water services. Unlike taxes, which require voter approval prior to adoption, water fees are approved by a local agency’s legislative...more

General Tax Measure With Related Advisory Measure On Same Ballot Does Not Turn It Into A Special Tax - Issue Related To Number Of...

Last week, the California Court of Appeal clarified what happens to a general tax measure when it is placed on the same ballot as a related advisory measure that asks how revenues from the general tax measure should be spent....more

Ballot Initiative Withdrawn, Leaving Intact Local Authority to Impose Taxes, Fees and Charges - Last-Minute Deal to Withdraw...

The Tax Fairness, Transparency and Accountability Act of 2018, a ballot initiative that would have amended portions of the California Constitution to further restrict state and local agencies from imposing new or increased...more

City’s Electric Utility Fund Transfer to General Fund Upheld by Court - California Appellate Court Interprets Term “Increase” and...

The City of Riverside’s transfer of electric utility service charge revenue to the City’s general fund for general purposes was upheld last week by a California Appellate Court. ...more

Ruling Leaves Local Public Agencies Open to Legal Actions Asserting Wasteful Government Spending by Non Property Owners

Cherrity Weatherford, who was a resident of the City of San Rafael in Marin County, rented (but did not own) property in the City. Although Weatherford’s vehicle was not impounded, she nonetheless took issue with the City’s...more

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