Legal Opinion

Department of Finance v. Commission on State Mandates

California Supreme Court

Decided August 29, 2016No. S214855PublishedCited by 24 opinions

1Opinion of the Court

Opinion

CORRIGAN, J.

Under our state Constitution, if the Legislature or a state agency requires a local government to provide a new program or higher level of service, the local government is entitled to reimbursement from the state for the associated costs. (Cal. Const., art. XIII B, § 6, subd. (a).) There are exceptions, however. Under one of them, if the new program or increased service is mandated by a federal law or regulation, reimbursement is not required. (Gov. Code, § 17556, subd. (c).)

The services in question here are provided by local agencies that operate storm drain systems…

2Cases cited19 opinions

  1. Gideon v. WainwrightSupreme Court of the United States · 1963
  2. Environmental Protection Agency v. California Ex Rel. State Water Resources Control BoardSupreme Court of the United States · 1976
  3. Fukuda v. City of AngelsCalifornia Supreme Court · 1999
  4. Simpson Strong-Tie Co., Inc. v. GoreCalifornia Supreme Court · 2010
  5. County of San Diego v. StateCalifornia Supreme Court · 1997

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3Cited by24 opinions

  1. Cal. Building Industry Assn. v. State Water Resources Control Bd.California Supreme Court · 2018
  2. Cnty. of San Diego v. Comm'n on State MandatesCalifornia Supreme Court · 2018
  3. Paradise Irrigation Dist. v. Comm'n on State Mandates, California Court of Appeal, 5th District2019
  4. Cent. Sierra Envtl. Res. Ctr. v. Stanislaus Nat'l ForestCourt of Appeals for the Ninth Circuit · 2022
  5. Monterey Coastkeeper v. Monterey Cnty. Water Res. Agency, California Court of Appeal, 5th District2017

19 more not listed; retrieve them via the Exa API.

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