Dep't of Fin. v. Comm'n on State Mandates

*667 The California Constitution requires the state to provide a subvention of funds to compensate local governments for the costs of a new program or higher level of service the state mandates. ( Cal. Const., art. XIII B, § 6 (section 6 ).) Subvention is not available if the state imposes a requirement that is mandated by the federal government, unless the state order mandates costs that exceed those incurred under the federal mandate. ( Gov. Code, § 17556, subd. (c).) The Commission on State Mandates (the Commission) adjudicates claims for subvention.

*850 In Department of Finance v. Commission on State Mandates (2016) 1 Cal.5th 749 , 207 Cal.Rptr.3d 44 , 378 P.3d 356 ( Department of Finance ), the California Supreme Court upheld a Commission ruling that certain conditions a regional water quality control board imposed on a storm water discharge permit issued under federal and state law required subvention and were not federal mandates. The high court found no federal law, regulation, or administrative case authority expressly required the conditions. It ruled the federal requirement that the permit reduce pollution impacts to the "maximum extent practicable" was not a federal…