subvention requirement in California

2007To determine this intent, we must look to the language of the provision itself. [Citation.]” (County of Los Angeles v. California, supra, 43 Cal.3d at p. 56 .) The subvention requirement of article XIII B, section 6 applies “[w]henever the Legislature or any state agency mandates a new program or higher level of service . . . .” The all-encompassing “any state agency” language defeats any perceived presumption that the electorate intended to incorporate into article XIII B, section 6 the exclusion of a particular state agency, e.g., the Regional Water Board, from its subvention requirement. 4.

2003“If the Legislature had intended to continue to equate ‘increased level of service’ with ‘additional costs,’ then the provision would be circular; ‘costs mandated by the state’ are defined as ‘increased costs’ due to an ‘increased level of service,’ which, in turn, would be defined as ‘additional costs.’ ” (Id. at p. 55.) An examination of the language of California Constitution article XIII B, section 6 shows that “by itself, the term ‘higher level of service’ is meaningless.” (Id. at p. 56) Rather, it must be read in conjunction with the phrase “ ‘new program.’ ” (Ibid.) “Thus read, it is ap

2019XIII B,] § 6.) Such mandatory state subventions are excluded from the local agency's spending limit, but included within the state's. ( [ Id .,] § 8, subds. (a), (b).)" ( City of Sacramento v. State of California (1990) 50 Cal.3d 51 , 59, 266 Cal.Rptr. 139 , 785 P.2d 522 ( City of Sacramento ).) To implement the constitutional subvention requirement, the Legislature enacted Government Code section 17551 (Stats. 1984, ch. 1459, § 1, pp. 5113-5119) that provides for the Commission to "hear and decide upon a claim by a local agency or school district that the local agency or school district is en

1992(City of Sacramento v. State of California, supra, 50 Cal.3d at p. 70 .) The subvention requirement is intended to prevent the state from transferring the costs of government from itself to local agencies.

2000Under these circumstances, the Supreme Court found that the measure constituted a “new program” within the meaning of the subvention requirement because otherwise the requirement “would plainly be violated if the state could, while retaining administrative control of programs it has supported with state tax money, simply shift the cost of the programs to local government . . . .” (Lucia Mar Unified School Dist. v. Honig, supra, 44 Cal.3d at p. 836 .) 6 The decision in Lucia Mar Unified School Dist. v. Honig turned on the dual factors that (1) before the measure, the state had borne the entire

2000Under these circumstances, the Supreme Court found that the measure constituted a “new program” within the meaning of the subvention requirement because otherwise the requirement “would plainly be violated if the state could, while retaining administrative control of programs it has supported with state tax money, simply shift the cost of the programs to local government . . . .” (Lucia Mar Unified School Dist. v. Honig, supra, 44 Cal.3d at p. 836 .) 6 The decision in Lucia Mar Unified School Dist. v. Honig turned on the dual factors that (1) before the measure, the state had borne the entire

2007“Essentially, the constitutional rule of state subvention provides that the state is required to pay for any new governmental programs, or for higher levels of service under existing programs, that it imposes upon local governmental agencies. [Citation.] This does not mean that the state is required to *907 reimburse local agencies for any incidental cost that may result from the enactment of a state law; rather, the subvention requirement is restricted to governmental services which the local agency is required by state law to provide to its residents. [Citation.] The subvention requirement i

2007“Essentially, the constitutional rule of state subvention provides that the state is required to pay for any new governmental programs, or for higher levels of service under existing programs, that it imposes upon local governmental agencies. [Citation.] This does not mean that the state is required to *907 reimburse local agencies for any incidental cost that may result from the enactment of a state law; rather, the subvention requirement is restricted to governmental services which the local agency is required by state law to provide to its residents. [Citation.] The subvention requirement i

1988(See also City of Anaheim v. State of California (1987) 189 Cal.App.3d 1478, 1484 [ 235 Cal.Rptr. 101 ].) We defined a “program” as used in article XIIIB as one that carries out the “governmental function of providing services to the public, or laws which, to implement a state policy, impose unique requirements on local governments and do not apply generally to all residents and entities in the state.” (County of Los Angeles, supra, 43 Cal.3d at p. 56 .) Unquestionably the contributions called for in section 59300 are used to fund a “program” within this definition, for the education of handic

1988(See also City of Anaheim v. State of California (1987) 189 Cal.App.3d 1478, 1484 [ 235 Cal.Rptr. 101 ].) We defined a “program” as used in article XIIIB as one that carries out the “governmental function of providing services to the public, or laws which, to implement a state policy, impose unique requirements on local governments and do not apply generally to all residents and entities in the state.” (County of Los Angeles, supra, 43 Cal.3d at p. 56 .) Unquestionably the contributions called for in section 59300 are used to fund a “program” within this definition, for the education of handic