Notwithstanding any other provision of law, any action or proceeding in which a county, city, city and county, school district, special district, or any other local agency is a plaintiff or petitioner, that is brought against the State of California challenging the constitutionality of any statute relating to state funding for counties, cities, cities and counties, school districts, special districts, or other local agencies, shall be commenced within 90 days of the effective date of the statute at issue in the action. For purposes of this section, "State of California" means the State of California itself, or any of its agencies, departments, commissions, boards, or public officials.
§ 341.5.Action Against State By Local Agency Challenging Constitutionality of Statute Relating to State Funding
Title 2. Of the Time of Commencing Civil Actions · Chapter 3. The Time of Commencing Actions Other Than for the Recovery of Real Property · Last amended 1994 · Last verified July 28, 2026
In one sentenceSection 341.5 gives a local government agency 90 days from the effective date of a challenged statute to sue the State of California over the statute’s constitutionality when the claim concerns state funding for local agencies.
Full Text of § 341.5
Plain-English Summary
Section 341.5 sets a tight, 90-day window for a specific kind of government-versus-government litigation. When a county, city, city and county, school district, special district, or other local agency sues the State of California challenging the constitutionality of a statute relating to state funding for local agencies, that action must be commenced within 90 days of the statute’s effective date.
“State of California” for this purpose reaches the state itself along with its agencies, departments, commissions, boards, and public officials — so the 90-day clock applies whether the local agency sues the state directly or one of its constituent bodies.
Frequently Asked Questions
How long does a city or county have to challenge a state funding statute’s constitutionality?
90 days from the statute’s effective date, under § 341.5.
Who counts as the “State of California” for purposes of § 341.5?
The state itself and its agencies, departments, commissions, boards, and public officials, so the same 90-day deadline applies regardless of which of those the local agency names as defendant.
Amendment History
Amended by Stats. 1994, Ch. 156, Sec. 1. Effective July 11, 1994.
Source & verification. Section text is reproduced verbatim from
the Deering's California Codes Annotated / vLex. Enacted by the California Legislature.
Last verified July 28, 2026.
· Official source
Also known as: local agency challenge state funding statute deadline