Reimbursement for State Mandates Denied Because Proposition 218 Does Not Affect Local Governments’ Fee-Levying Authority

October 4, 2018

Reimbursement for State Mandates Denied Because Proposition 218 Does Not Affect Local Governments’ Fee-Levying Authority

The Third District Court of Appeal issued a decision this week holding that Proposition 218 does not affect the authority of local governments to impose fees or charges to recover the costs of state mandates.  Paradise Irrigation Dist. v. Comm’n on State Mandates (Oct. 1, 2018, C081929) __Cal.App.5th__ [2018 Cal. App. Lexis 894].  The court also held that local governments’ fee authority is not controlled by whether they have tried and failed to impose fees.  Even if a local government unsuccessfully attempts to impose a fee to cover a state mandated cost, it will not be entitled to reimbursement.  As a result, local governments may find themselves in a position where they could be unable to pay for new requirements imposed by the state. … Read More

Written by Lauren D. Bernadett