California Building Industry Association v. State Water Resources Control BoardAnnotate this Case
The State Water Resources Control Board’s adoption of a permit fee schedule was proper and violated neither Cal. Water Code 13260(d)(1)(B) or (f)(1) nor Cal. Const. art. XIII A.
By statute, the Board has five members. At the time of the meeting at which the Board members voted to approve the fee schedule, two of those seats were vacant. Two of the three members voted to approve one of the proposed fee schedules, and the third member abstained. Based on that vote, the Board adopted emergency regulations retroactively revising the fee schedule. Plaintiff challenged the Board’s approval of the fee schedule. The trial court entered judgment for the Board. The court of appeal affirmed. The First Circuit affirmed, holding (1) procedural challenge; (2) the fee schedule did not violate section 13260(d)(1)(B) or (f)(1); and (3) the fees did not violate constitutional restrictions contained in article XIII A.