Department of Finance, Plaintiffs and Respondents v. Commission on State Mandates, Defendant and Respondent…

Summary

The California Supreme Court held that permit conditions requiring local storm-drain operators to conduct specified inspections and provide trash receptacles were not federally mandated, because federal law did not require those particular measures and the state retained discretion to impose them. The court independently reviewed the legal mandate question, concluded that the conditions were state-imposed costs subject to potential reimbursement, and reversed the Court of Appeal while remanding other unresolved issues. Justice Cuéllar, joined by Justices Liu and Kruger, concurred in reversing but would have remanded for the Commission to reconsider the matter using a broader analysis and according deference to the Regional Board.