Civil Rights Firm Sues California Over Funding for School Infrastructure
Public Advocates, a non-profit law firm and advocacy organization, filed a lawsuit Thursday against the state of California, alleging its process for funding school construction projects discriminates against poor communities. The lawsuit, filed in Alameda County Superior Court, seeks to halt specific funding for school facilities until lawmakers rethink the way money is allocated so that it “delivers education opportunity equitably,” according to John Affeldt, managing attorney at Public Advocates. The funding, used to modernize school buildings at least two decades old, includes $4 billion approved by voters last fall through a ballot measure. In all, the measure allocated $10 billion to K-12 school infrastructure and community college infrastructure. WECA joined in opposing the bond bill and ballot measure because it gives school districts additional points toward funding if the district has a PLA.
The state’s School Facility Program requires districts to raise 40 percent of the funding for projects themselves and then apply to the state for 60-65 percent of the costs. Funding is given out on a first-come, first-served basis.
Such requirements discriminate against poorer districts that cannot raise money as effectively as their wealthier counterparts, according to the complaint. Districts in well-off areas pass bond measures more easily, and funding from the facilities program has historically been distributed disproportionately, the lawsuit alleges. The wealthiest districts receive eight times more than the poorest districts, according to research from UC Berkeley’s Center for Cities and Schools.
The state provides financial hardship assistance to districts struggling to raise funds, but the lawsuit argues that proving eligibility is “burdensome.” According to the UC Berkeley report, hardship funds make up less than 3 percent of total funding distributed.
Affeldt, in an interview, said that lawmakers have so far ignored calls to address the issue and that he hopes this brings Gov. Gavin Newsom and policymakers to the table.
“If that doesn’t happen, then we are prepared to go forward and seek some form of relief before another $4 billion goes out in a grossly inequitable way,” Affeldt said.
Proposition 2, the 2024 ballot measure, was an essential rebound for schools after a bond measure failed in 2020, leaving school districts with worsening infrastructure. While Affeldt said he is glad that the measure passed, he said projects are being funded “according to this discriminatory legislation.”
The state budget enacted this year allocates $1.5 billion in Proposition 2 funds to school projects.
[Politico]
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SBCTC Pick Their Candidate
Antonio Villaraigosa nabbed the endorsement of the State Building and Construction Trades Council of California, one of the heavier-hitting labor players in Sacramento that sways housing debates and represents more than 450,000 workers.
Villaraigosa, while carving out a moderate Democratic lane in the gubernatorial race, has picked up support from statewide labor groups representing police officers, electrical workers, operating engineers and iron workers, among others. He negotiated with several of them while he was speaker of the California Assembly before becoming mayor of Los Angeles.
Villaraigosa “has always had our members' best interests in mind, even when we weren’t in the room,” state Trades President Chris Hannan said in a statement. “As Governor, we trust that he will make sure we are in the room and at the table, representing working families in every conversation about our state’s future.”
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Swalwell for Governor?
Polling being conducted this week is testing how Congressman Eric Swalwell (D-CA 14) would fare if he ran for governor. Lisa Tucker, a political consultant for Swalwell, told Politico the survey did not come from the representative’s camp and that she didn’t know who was responsible for it. But the poll is nevertheless stirring chatter about Swalwell’s future.
One question tells respondents that Swalwell “could run in 2026 for either Congress or Governor,” before asking whether he’d be more effective in fighting the president in Congress or as governor.
Another test of Swalwell’s chances in a horse race against the major candidates who are in the race already. But first, it tells respondents that Katie Porter’s critics have faulted her for a “reputation for mistreating and bullying her staff” and for claiming special interests spent to “rig” last year’s Senate race against her.
Swalwell fueled rumors that he was considering running when he criticized Porter at a press conference after videos surfaced of her threatening to walk out of an interview and tearing into a staffer.
The survey had an overwhelmingly positive slant, suggesting it was commissioned by people supporting Swalwell. Questions tested the Congress member’s favorability after prompting respondents with information about his upbringing, a video of him at a “No Kings” protest, and by telling them he supported the tough-on-crime Proposition 36, a break with many Democrats.
Swalwell hasn’t said whether he’ll run, and Tucker declined to comment further.
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Arizona Attorney General Sues Mike Johnson for Failing to Seat Adelita Grijalva
Arizona Attorney General Kris Mayes filed a lawsuit against Trump Mini-Me, House Speaker Mike Johnson, on Tuesday for failing to seat Rep.-elect Adelita Grijalva. In the lawsuit, filed in federal court in Washington, Mayes asks the court to compel Johnson to swear in Grijalva or allow her to be sworn in by someone else.
Grijalva won a Sept. 23 special election in Arizona’s 7th Congressional District to replace her late father, former Rep. Raúl Grijalva. Her win came just days after Johnson sent the House home on Sept. 19 amid a standoff over funding the government, and he has refused to bring the lower chamber back as he jams the Senate.
Adelita Grijalva, a Democrat, has accused Johnson of slow walking her swearing-in ceremony because she has vowed to sign on to an effort to force a vote on legislation related to releasing files about the investigation into sex offender Jeffrey Epstein.
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Bills, Bills, and More Bills
Last week was the deadline for Gov. Gavin Newsom to decide which of the 917 bills the legislature passed should become law. Newsom signed 794, vetoed 123, and the remainder became law without his signature. In the next few years, Californians are likely to see more dense housing near certain public transit stations, a boost to the state’s wildfire liability fund, and expanded oil drilling in the state.
Several of the new laws were signed in response to the Trump administration’s immigration enforcement: a ban on law enforcement wearing masks, a law to protect schools and hospitals from warrantless immigration sweeps, and a new law that allows undocumented parents to name a guardian for their children in the event of their detention.
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EPA Clarifies its Interpretation of What Constitutes “Begin Actual Construction” in New Guidance, Plans Rulemaking for 2026
The U.S. Environmental Protection Agency (EPA) recently issued new guidance that clarifies its interpretation of "begin actual construction" under the Clean Air Act’s (CAA) New Source Review (NSR) preconstruction permitting program...This guidance will impact companies planning to build new major sources or make significant modifications to their facilities.
More on "Begin Actual Constructions" here.
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Construction Supervisors Strained by Safety, Mental Health, Training Gaps
- A new survey reveals that while construction supervisors and managers are accountable for both safety and culture, many say they lack the preparation and resources to deliver on those responsibilities.
- The findings come from Vector Solutions’ The State of Frontline Safety Leadership in Construction report, based on a survey of more than 600 full-time construction supervisors and managers across the U.S.
- More than 90% of the survey’s respondents said that structured supervisor training leads to fewer safety incidents. However, without stronger buy-in from leadership, supervisors are left to navigate hazards and sensitive crew issues in the dark.
- As well, workers are increasingly turning to their supervisors for support that extends well beyond day-to-day operations, as 71% say a crew member has approached them with personal issues such as mental health or substance abuse.
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Utah Now Runs the World's Largest Remote-Controlled Cloud Seeding Program
Utah's expansion of cloud seeding is starting to provide a return on investment, water policymakers were told recently. "Statewide average is 10.4% increase in snowpack," said Jake Serago, an engineer with the Utah Division of Water Resources, during a presentation to the state's water resources board on Thursday.
Story
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The Trump Administration Has Filed More Emergency Applications with the U.S. Supreme Court Than the Last Three Administrations
As of Oct. 6, the second Trump administration has filed 28 emergency applications with the U.S. Supreme Court. That’s more than the Bush, Obama, and Biden administrations combined (27). The first Trump administration filed 41 emergency applications with the Court. The emergency docket, also referred to as the shadow docket or the non-merits docket, is made up of applications for immediate intervention from the Court in cases that have not fully progressed through the ordinary procedures required for the Court to issue a regular opinion in a case. The Court usually resolves applications without signed orders and without oral argument.
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One New Ballot Measure Certified in California for 2026
While the number of statewide ballot measures (30) for this year is finalized, the total for next year will continue to increase until September 2026.
As of Oct. 14, 56 measures have been certified for the 2026 ballots. The most recent certification was on Oct. 2, when California Gov. Gavin Newsom (D) signed legislation for the Allow Public Financing of Election Campaigns Measure. The measure would repeal the state's 1988 ban on public financing of campaigns and allow state and local governments to create programs that provide candidates with public funds. [Ballotpedia]
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San Diego Needs Your $$
A fight over short-term rental houses and vacation homes is brewing in San Diego. City Councilmember Sean Elo-Rivera has proposed asking voters to approve a new tax on the nearly 11,000 properties rented for short-term use, whether by individuals or through companies such as Airbnb, as well as vacation homes. The goal is to free up housing for San Diego residents and generate revenue for a city that was forced to raise fees and cut services to close a $350 million budget deficit earlier this year.
“It’s about restoring fairness and balance in our housing market,” argues Elo-Rivera, who’s aiming to get the measure before city voters on the June ballot. Details are in flux, but the initial proposal suggests an annual tax of $5,000 per bedroom, generating about $133 million.
But the proposal could be in for a rough ride, judging by its debut Wednesday before the council’s Rules Committee. Around 100 people testified against it, railing against a tax that would be in addition to the registration fees and transient occupancy taxes they already pay and would likely drive some of them out of business altogether. Opponents say it would eliminate jobs for cleaners, handymen, and landscapers who service the properties and provide fewer options for tourists. Supporters include housing advocates and municipal unions as well as city residents who say the proliferation of short-term rentals has hollowed out neighborhoods and made it harder to live in one of the most expensive American cities.
In the end, it cleared the committee in a 3-1 vote. City Councilmember Raul Campillo was the lone dissenter, arguing the measure unfairly punishes San Diegans who own short-term rentals, will hurt the economy, won’t generate as much revenue as projected, and, at a minimum, should be held until the November ballot, when more people vote. The proposal will get a complete financial analysis by the city and is expected to come back for another vote in January.
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California Bears Brunt of Cuts
The dust has settled on the Trump administration’s $8 billion axing of Energy Department funding, and California was the biggest loser in the nation. The feds cut more projects in the Golden State than anywhere else, according to a POLITICO analysis. Now, many of the state’s congressional leaders are calling foul, demanding a formal investigation into the terminations. Read last night’s California Climate to find out whose funding got cut and what the state’s leaders have to say about it.
A POLITICO analysis that found 79 out of the 321 projects that DOE slashed funding for Oct. 2 are in California, more than any other state.
Total hit to the Golden State: $3.3 billion in anticipated funding. (That’s $2.1 billion DOE had committed to recipients and $1.2 billion in expected funding for the ARCHES hydrogen hub.)
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Prop 50 Polling Suggests Victory
A CBS/YouGov poll had Prop 50 passing with 62 percent support, one of the highest marks of any public survey on the redistricting measure. Of the supporters, three-quarters said they were motivated by a desire to oppose Donald Trump, who has been central to the “yes” campaign’s messaging.
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Surprise, Union Returns to Ballot Box
A health care union has filed an initiative that would attempt to plug the state’s health care budget shortfall by imposing a one-time, 5 percent excise tax on the wealthiest Californians, reports POLITICO.
The 2026 Billionaire Tax Act would tax the “accumulated wealth” of California’s billionaires to create a reserve account of up to $25 billion that would backfill federal and state cuts to health care, according to papers filed with the state this week. Much of that money would restore Medi-Cal funding and other health programs, with the remaining funds allocated for the public education system.
“California has around 200 billionaires who together hold a staggering $2 trillion in wealth,” the measure reads. “A one-time 5% tax on California billionaires in this emergency, where the state budget is facing significant cuts to health care and education, is also fair.”
Earlier this year, Democratic legislators were set on raising revenue for Medi-Cal through new taxes. Still, the idea failed to gain traction after negotiations fizzled out over the summer, and the redistricting fight dominated the end of the legislative session.
With progress stalled in Sacramento, the union turned to the initiative process to move their priorities forward.
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Labor Rights in a Non-Union Workplace
Many employers believe that labor rights under the National Labor Relations Act (NLRA) apply only in a unionized workplace or during union organizing. However, that is not the case. All employees, union and non-union, are protected under the NLRA.
Section 7 of the NLRA provides in part that all non-supervisory employees have the right to engage in protected concerted activities (PCA) for collective bargaining or other mutual aid or protection. This includes employees joining together to address workplace issues, such as remote work policies. Recent cases have expanded the scope of what qualifies as PCA, even recognizing specific individual actions as protected when tied to broader employee concerns. However, not all actions are protected, including conduct involving violence or issues unrelated to employment terms.
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Annual Cook Brown Labor & Employment Law Update
If you have not yet registered, you can reserve your place for this timely program and gain valuable insight from Cook Brown attorneys on the legal developments and compliance requirements that will shape workplace practices in 2026. Live Webinar – November 19, 2025 | 9:00 AM – 10:15 AM PT
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