Carmel Valley Fire Protection District v. State

In this case we consider whether Government Code section 17581 and certain budget measures that suspend the operation of administrative regulations adopted by the Department of Industrial Relations violate the separation of powers clause of the California Constitution by encroaching on the power of the executive branch of government. (Cal. Const., art. Ill, § 3.) We conclude that no separation of powers violation has been demonstrated.

I

Executive orders promulgated in 1978 by the Department of Industrial Relations require employers to provide certain items of protective clothing and equipment to employees assigned to firefighting duties. (Cal. Code Regs., tit. 8, §§ 3401-3409, formerly 8 Cal. Admin. Code, §§ 3401-3409.)

Carmel Valley Fire Protection District and other local fire protection agencies incurred expenses complying with this order and, in earlier proceedings, submitted a claim for reimbursement of state-mandated expenditures pursuant to California Constitution, article XIII B, section 6. In 1987, the districts prevailed in securing reimbursement for these state-mandated expenditures. (Carmel Valley Fire Protection Dist. v. State of California (1987) 190…