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 government matters. Within, you will find takeaways and analysis of the following: SB 274, AB 37, SB 323, SB 60 and SB 501.
Brown Act
SB 274
Senate Bill 274 has new rules for public agencies’ management of agenda “subscriptions” from members of the public. If an agency with a website receives a request for an emailed copy of agenda materials, the agency must email a copy of, or website link to, the requested agenda materials. However, if a local agency determines it is technologically infeasible to send a copy of the documents requested or a link by email or other electronic means, then it must send by mail in the manner specified, a copy of the agenda or a website link to the agenda and to mail a copy of all other documents constituting the agenda packet.
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Elections/Voting Rights
AB 37
Assembly Bill 37 confers new rights upon all active registered voters in California, and imposes new obligations upon all local and county elections officials.
AB 37 creates a new state-mandated local program obligating local election officials to (1) allow any voter to cast a trackable vote-by-mail ballot and (2) to mail vote-by-mail materials to every registered voter within a strict five-day mailing period. Previously, vote-by-mail ballots could be received up to three days after election day; AB 37 extends this window to seven days. It further obligates county officials to provide two ballot drop-off locations per jurisdiction, or one drop-off location per 30,000 registered voters, whichever is greater. Jurisdictions with fewer than 30,000 registered voters however may provide just one ballot drop-off location. Jurisdictions with the necessary computer capabilities may begin processing such ballots on the 29th day before the election.
AB 37 contains the significant new requirement that local election officials send all vote-by-mail materials to all active registered voters within a strict five-day window on a basis that does not discriminate against any region in terms of timing that mailing. Officials must also either make use of the Secretary of State’s ballot-tracking system or create their own voter-accessible system. These requirements will almost certainly impose new administrative and compliance costs on local agencies, although AB 37 obligates the State to reimburse appropriate costs. Additionally, by extending the windows for receiving and processing vote-by-mail ballots, AB 37 lays the foundation for more efficient voting procedures.
AB 37 enshrines the right of all registered California voters to receive and use a vote-by-mail ballot and imposes minimum standards upon local and county election officials to protect that right. In so doing, it establishes a system whereby all voters can expect to receive timely access to the ballot from their own homes.
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Fees
SB 323
Senate Bill 323 requires that challenges to new or increased California water or sewer rates be brought within 120 days. SB 323 applies to rates for both retail and wholesale water and sewer fees adopted or increased after Jan.1, 2022. Before SB 323, a plaintiff seeking to challenge water or sewer rates could generally bring an action for a refund for amounts paid within the preceding year, or could seek to invalidate the rates within three years of payment.
SB 323 is consistent with other statutes of limitations governing other types of fees, including capacity fees and certain types of electric fees. It addresses the perpetual risk of challenge to fees that causes uncertainty and impedes infrastructure planning due to the unknowns of relying on fee revenue for infrastructure costs or debt service. Find additional analysis in our original Legal Alert on this topic.
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Local Government
SB 60
Senate Bill 60 increases the maximum fines a city or county may impose for violating an ordinance related to short-term rentals. “Short-term rental” is defined by Government Code section 36900 to mean a residential dwelling, or any portion thereof, rented for 30 consecutive days or less. The previous maximum fine amounts for violations of city ordinances (which were not violations of local building and safety codes) were set at $100 for the first violation, $200 for a second violation of the same ordinance within one year, and $500 for each additional violation of the same ordinance within one year. For short-term rental violations that pose a threat to public health or safety, SB 60 increases the maximum fine limits established in Government Code section 36900 to $1,500 for the first violation, $3,000 for a second violation of the same ordinance within the same year, and $5,000 for each additional violation of the same ordinance within the same year. However, a city or county levying such fines must establish a process for granting a hardship waiver to reduce the amount of the fine, upon a showing by the responsible party that (1) a bona fide effort was made to comply after the first violation and (2) payment of the fine would impose an undue financial burden.
SB 501
Senate Bill 501 requires a public entity to grant an application for leave to present a claim pursuant to the Government Claims Act, if the six-month claim period has lapsed and the person who sustained the alleged injury, damage, or loss was (1) a minor or (2) physically or mentally incapacitated during the six-months after the accrual of the cause of action. The Act previously provided that claims relating to causes of action for death or injury to a person or personal property, regardless of minor or incapacitation status, be presented to the entity within six months from the accrual of the cause of action.
SB 501 provides a six-month extension by which a qualifying individual may request leave from the public entity to present a claim outside the six-month presentation period and up to one year from the accrual period. If the governing body fails to act on an application within 45 days, it is deemed denied on the 45th day or, if applicable, the last day of the period provided by agreement between the applicant and the entity.
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