August 2009

Legislature Extends Lives of Tentative Subdivision Maps for Two Years

In response to the economic downturn, the Legislature adopted Assembly Bill (AB) 333, which extends the lives of approved tentative subdivision maps by two years. In order to qualify for the extension, tentative maps must have been valid on July 15, 2009 and must otherwise have expired by January 1, 2012. AB 333 is an emergency bill and is applicable immediately. The extension provided by AB 333 may be added on to all previous extensions under the Subdivision Map Act and local ordinances.

Pooled Funding Program Established for Local Agencies From Whom Property Taxes Were Borrowed by the State

As anticipated, the California Statewide Communities Development Authority (CSCDA) is proceeding with the establishment of a pooled financing program (the "Proposition 1A Securitization Program") for the securitization of State reimbursement obligations to local agencies (cities, counties and special districts) from whom property tax revenues are being "borrowed" by the State as part of it's 2009-2010 budget package.

Ninth Circuit Decision May Impact Cities’ Regulation of Street Performers and Street Speakers

The Ninth Circuit’s June 2009 en banc decision in Berger v. City of Seattle, 569 F.3d 1029 (9th Cir. 2009) found some of the City of Seattle’s regulations pertaining to street performers and others engaged in expressive conduct to be unconstitutional, including some regulations that it had previously concluded, in 2008, to have passed constitutional muster.

U.S. Environmental Protection Agency (EPA) Accepting Applications for Brownfield Grants

This week the EPA announced that it is accepting proposals for Brownfield grants. Agencies may apply for the Brownfields Assessment, Cleanup, and Revolving Loan Fund programs. Grant money may go towards brownfields contaminated by petroleum, other contaminants and/or hazardous substances. The EPA also announced new guidelines for this proposal process, which may be found here. Note that applicants must now own the site at the time they submit the grant proposal, which is different from previous requirements.

The deadline for proposals is Oct. 16, 2009.