Best Best & Krieger LLP (BBK) will host a three-part webinar roundtable addressing recent legal developments affecting rate setting for California’s municipal water providers. These webinars will focus on techniques and strategies for adopting and defending water rates in light of the Court of Appeal’s decision in Cozhiar v. Otay Water District. Each webinar will be hosted by BBK attorneys featuring industry professionals as guest speakers providing insightful guidance and firsthand perspectives on addressing these challenges. Key issues to be discussed are effective rate setting, strategies for tiered water rates, bridging cost and consumption, and preparing for potential rate challenges. Participation is limited to public agency staff and water industry professionals representing public agencies.

Strategic Rate Setting After Coziahr*
California courts have made clear that, at the very least, increased scrutiny on the evidence supporting tiered water rates in California will become the norm. Evidence supporting water rates in the past may not be adequate to justify rates in the future. This webinar will focus on the immediate impacts of Coziahr and trends in rate setting, the implications of AB 1827, and strategies on how to adjust, evolve, and think outside of the box when developing new cost of service analyses and rate studies.

Date: November 7
Time: Noon – 1:30 pm
Presenters: Lutfi Kharuf, Dean Atyia and Rich Wall (BBK) and Habib Isaac and Andrea Boehling (IB Consulting)

Mitigating Risk Through a Robust Public Process*
Proposition 218 sets forth the minimum requirements for public outreach. In some instances, though, exceeding these minimum requirements may help to mitigate the risk of a challenge through educating and involving the public. And now, with AB 2257 signed into law, a robust public process may even act as an administrative remedy that must be exhausted before someone can challenge water rates. This webinar will focus on strategies and techniques to establish and execute an effective outreach campaign and public process, including steps to comply with AB 2257’s optional administrative remedy procedure.

Date: November 14
Time: Noon – 1:30 pm
Presenters: Lutfi Kharuf, Dean Atyia and Rich Wall (BBK), Sanjay Gaur (Water Resources Economics) and Tara Bravo (CV Strategies, Inc.)

Preparing For and Defending Against a Rate Challenge
Sometimes, despite best efforts, litigation occurs. In light of recent court rulings, the stakes are especially high insofar as plaintiffs seeking refunds of rates found to be in violation of Proposition 218, which creates the potential to cost public agencies (and their rate payers) large amounts of money. This webinar will focus on techniques to manage and hopefully succeed in a successful rate challenge. The processes to , bulletproofing a rate study and implement procedural defenses including validation actions, as well as the impacts and aftermath of SB 1072 will also be addressed.

Date: November 19
Time: 11 am – 12:30 pm
Presenters: Lutfi Kharuf, Dean Atyia and Chloe Graham (BBK) and Molly MacLean and Jerrad Mills (Marin Municipal Water District)

Register for the series to gain access to the live sessions, as well as the on-demand recordings.

Questions about the series? Please email events@bbklaw.com.

*Available on-demand