If it had been released at some other point in time and under different circumstances, perhaps gig economy businesses would be celebrating the release of a federal rule that makes it.
New CPRA Case Law and Legislation for 2021
While an expansive array of records can be sought via a California Public Records Act request, the right to inspect public records is not without limits. The CPRA does not give unlimited access to records that may be exempt from disclosure. Occasionally the public’s right of access must yield to exemptions, such as individual privacy rights and defined privileges. However, transparency remains the goal.
Last year, the California Legislature and courts gave further guidance in balancing the rights of the public with those of the individual, aiming to further transparency when appropriate. The bulk of the new CPRA guidance comes from case law because most of the proposed legislation that would have affected the CPRA was sidelined by of the COVID-19 crisis. Some of the legislation that was proposed may resurface in 2021, such as Senate Bill 776, which would have significantly altered Penal Code section 832.7, subdivision (b) and expanded t
Public Agencies Using Robocalls Have New Limitations/Obligations
The FCC issued two new orders placing additional limits on robocalls and outlining phone companies’ obligations to help in that effort. The orders, announced Dec. 30, follow a Dec. 14 order that extended robocall prohibitions to local government agencies.
One of the latest orders limits the number of exempted calls a local government agency can make without consent to three calls in a 30-day consecutive period. While the nature of most automated calls made by municipalities, school districts and special districts appear to fall outside the delivery restrictions that comprise prohibited calls (47 CFR §64.1200) the order caps making non-telemarketing robocalls to three calls per consecutive 30-day period. Previously, there was no limit on the number of non-telemarketing robocalls that any caller could make to a residence. In addition to the cap, the FCC now requires consumers be provided the opportunity to opt out o
Part 1: New Laws Impacting California Public Agencies for 2021
With the unique challenges that 2020 brought, California lawmakers passed bills that addressed both the State’s ongoing problems, as well as laws responsive to the public health and economic crisis brought by COVID-19 and social justice issues. Public agencies in California were not immune to these critical problems and, as such, some of the new laws directly impact how local government agencies, including cities, counties and special districts, operate.
In our annual Legal Alert series, Best Best & Krieger LLP provides California public agencies with summaries of some of the most critical legislation to ensure they stay in compliance while working to serve their communities. All laws went into effect Jan. 1, unless otherwise noted. Where previous Legal Alerts on any new law or groupings of laws, links are provided to those.
Beginning in January 2022, this measure requires local governments to include medium- to high-density housing for moderate and above moderate-income households in general plan regional housing elements. The purpose of this measure is to increase housing density for higher income earners to facilitate the construction of additional housing units. Specifically, in metropolitan but not unincorporated areas, a local government must identify 25 percent of its sites for moderate income and 25 percent of its sites for above moderate income to be allocated to sites zoned for at least four units of housing, instead of single-family housing. The four units would be in addition to permissible accessory dwelling units or junior assessor dwelling units. The allocation of housing to sites according to this measure cannot be the basis for local government to deny a project that does not comply with the allocation. In addition, a local government may not impose an exaction or condition of approval i