March 7, 2018 -- Client Alert
On December 19, 2017, the Court of Appeal issued a published opinion in Department of Finance v. Commission on State Mandates (2017) 18 Cal.App.5th 661 (petition for review filed Jan. 26, 2018, request for depublication filed Feb. 15, 2018) (“San Diego DOF Decision”). The County of San Diego and the cities located in that county were seeking a determination that certain municipal separate storm sewer system (MS4) permit requirements imposed by the Regional Water Quality Control Board (“San Diego Regional Board”) are unfunded state mandates. The Court, applying a 2016 California Supreme Court decision, concluded that six permit requirements are unfunded mandates under the California Constitution and therefore local governments are entitled to reimbursement by the State. The six requirements are listed in the more detailed discussion of the case below.