The Barbed Wire - February 09, 2018

February 9, 2018
RCRC Chair Outlines 2018 Legislative and Regulatory Priorities
Sacramento Bee Editorial: Why Rural California Needs More Love
Wildfire Funding Fix and Forest Management Reform Not Included in Final Budget Agreement
The State of the Rural Economy
Infrastructure Update
KEEPING UP
BULLETIN BOARD
REGULATORY UPDATE
LEGISLATIVE UPDATE

RCRC Chair Outlines 2018 Legislative and Regulatory Priorities

I was recently sworn in as Chair of the Rural County Representatives of California, better known as RCRC.  The core of RCRC’s mission is to improve the quality of life in California’s rural counties.  To accomplish this, RCRC strives to promote a greater understanding among policymakers about the unique challenges that face California’s small population counties, and advocates that they consider these challenges when developing policy and regulations.  Read More…

Sacramento Bee Editorial: Why Rural California Needs More Love

Last week, RCRC Vice President of External Affairs Justin Caporusso and RCRC Vice President of Governmental Affairs Paul A. Smith spoke with Sacramento Bee Associate Editor Foon Rhee about RCRC’s 2018 legislative/regulatory priorities and issues, and the rural-urban divide in California.  Read More…

Wildfire Funding Fix and Forest Management Reform Not Included in Final Budget Agreement

Late Wednesday, Congressional leaders finalized a budget agreement that will raise the budget caps on defense and non-defense discretionary spending by $296 billion over Fiscal 2018 and 2019.  The proposal will provide $90 billion in disaster relief for individuals recovering from hurricanes and wildfires.  In addition, the deal includes $20 billion in federal funds for new infrastructure projects for surface transportation and broadband deployment.  

The budget agreement extends the stopgap funding measure which will keep the government funded through March 23, 2018 and avoid a government shutdown.  Extending the stopgap funding measure will provide lawmakers time to finalize the omnibus appropriations package that will fund the government for the remainder of Fiscal 2018.

Missing from the agreement was a deal on a wildfire funding and forest management reform.  A deal was struck earlier this week by Republicans and Democrats that paired a fire borrowing fix with moderate forest management reforms and a two-year reauthorization of the Secure Rural Schools program.  Negotiations fell apart at the eleventh hour, and the deal was not included in the final budget agreement.  Congress missed an opportunity on one of the few remaining legislative vehicles for wildfire funding and forestry reform before the midterm elections in November.  The next opportunity for lawmakers is to attach a deal to the Fiscal 2018 omnibus package that Congress is expected to pass before March 23, 2018, but the window to address wildfire reform is closing.

Wildfire stakeholders received a consolation prize on Wednesday night when lawmakers introduced $90 billion in emergency supplemental appropriations for individuals still recovering from 2017’s wildfire and hurricane seasons.  $90 billion is more than what was included in the emergency supplemental that passed the House in December 2017, and will fund economic recovery projects in California, Texas, Florida, Puerto Rico, and the U.S. Virgin Islands.

The State of the Rural Economy

On February 6, 2018 the House Agriculture Committee hosted Secretary of Agriculture Sonny Perdue for a hearing entitled, “The State of the Rural Economy.”  The hearing marked Secretary Perdue’s second appearance before the committee since he was confirmed, and he received bipartisan praise from the committee for his leadership on agriculture issues within the Administration. 

Members also took the opportunity to examine Secretary Perdue’s priorities for the 2018 Farm Bill, NAFTA renegotiations, and rural development.  In his opening remarks, Perdue stated frankly that the state of the rural economy is “fragile,” underlining the importance of the 2018 Farm Bill as a safety net for America’s growers.  Despite Secretary Perdue’s support for the safety net, Democrats expressed concerns that conservatives in the House will push for significant reductions to the 2018 Farm Bill and undermine programs that growers rely on for financial sustainability.

Throughout the question and answer segment of the hearing Secretary Perdue received multiple questions from members on rural broadband.  Secretary Perdue repeatedly reaffirmed his belief in the importance of broadband deployment in rural America, and cited a study from the USDA’s Rural Prosperity Task Force which found that closing the digital divide is a critical step towards revitalizing the rural economy.  Secretary Perdue provided few specifics on what steps his agency is taking to close the digital divide, but he told the committee that his office is working closely with the Office of American Innovation within the White House to secure federal funds for broadband deployment.  Secretary Perdue said his agency is working closely with the Federal Communications Commission, the Department of Commerce, state and local governments, and the private sector to develop a nationwide strategy on broadband deployment.

Representative Rodney Davis (R-Illinois asked about establishing quality control practices within the Rural Utilities Service (RUS) for service provider subsidies programs.  RUS is an office within the USDA that was charged with administering broadband subsidies under an Obama-era stimulus package in 2009, but was broadly criticized for mishandling billions of dollars in federal funds.

After the House Agriculture hearing, President Trump announced his intent to nominate Kenneth Johnson as the next Administrator of the RUS.  The nomination was welcomed by the Rural Broadband Association (RBA) for Johnson’s industry experience as CEO of the Co-Mo electric Co-op.  "Given Mr. Johnson’s rural industry experience, we are eager to work with him on these efforts and to ensure continued efficient and coordinated use of resources across the various RUS programs and the many other federal initiatives aimed at both promoting and sustaining rural broadband,” RBA said in a statement.

Infrastructure Update

The Trump Administration is expected to release its much anticipated set of infrastructure principles on Monday when the White House is also expected to propose its budget request for Fiscal 2019 to Congress.  Lawmakers anticipate the Administration’s proposal will offer $200 billion of federal funds for infrastructure projects while leveraging regulatory reform and public-private partnerships to entice private investment.  

Previously leaked outlines from the White House suggest the principles will focus heavily on federal permitting and siting reform to reduce the regulatory burden on infrastructure projects.  Administration officials specifically expressed their desire to streamline the environmental review process under the National Environmental Policy Act (NEPA), which requires input from multiple government agencies and impacts the ability of stakeholders to complete projects in a timely and cost-effective manner.

KEEPING UP

Announcements regarding key staffing changes of importance to California's rural counties.

Karen Douglas, 44, of Davis, has been reappointed to the California Energy Commission, where she has served since 2008. Douglas was director of the California Climate Initiative for the Environmental Defense Fund from 2005 to 2008. She held several positions at the Planning and Conservation League from 2001 to 2005, including acting executive director and general counsel. Douglas earned a Juris Doctor degree from Stanford Law School and a Master of Public Policy degree in environmental policy from the University of Colorado, Boulder. This position requires Senate confirmation and the compensation is $147,778. Douglas is a Democrat.

Nancy Wheeler, 53, of Templeton, has been reappointed to the 16th District Agricultural Association, California Mid-State Fair Board of Directors, where she has served since 2016. Wheeler has been owner at the Rocking JN Cattle Company since 2017, director at the Wheeler Foundation since 1991 and owner at Wheeler Limited Partnership since 1990. She was owner at Kiss Me Cattle Company LLC from 2011 to 2015. Wheeler is a member of the Junior League of Bakersfield, Mendiburu Magic Foundation, Atascadero High School Parent Teacher Association and the American Quarter Horse Association. This position does not require Senate confirmation and there is no compensation. Wheeler is a Republican.

Christina Snider, 30, of Healdsburg, has been appointed Governor’s Tribal Advisor and executive secretary to the Native American Heritage Commission. Governor Brown established the position of Governor’s Tribal Advisor by executive order to bolster communication and collaboration between California state government and Native American Tribes. Snider is a member of the Dry Creek Rancheria Band of Pomo Indians and has served as an Indian Child Welfare Act representative for the Tribe since 2017. She was of counsel at Ceiba Legal LLP from 2016 to 2017, staff attorney at the National Congress of American Indians from 2015 to 2016, a legal fellow at the Wishtoyo Foundation in 2014 and a law clerk in the Office of Tribal Justice at the U.S. Department of Justice in 2012. Snider is a member of the Dry Creek Rancheria Band of Pomo Indians Housing Advisory Committee and the California Indian Law Association. She earned a Juris Doctor degree from the University of California, Los Angeles School of Law. This position does not require Senate confirmation and the compensation is $161, 496. Snider is a Democrat.

Jorge Lomeli, 45, of Corning, has been reappointed to the 30th District Agricultural Association, Tehama District Fair Board of Directors, where he has served since 2013. Lomeli has held several positions at Bell-Carter Olive Co. since 1993, including lead mechanic and mechanic. He is a volunteer equipment captain at the Corning Rural Fire Department. This position does not require Senate confirmation and there is no compensation. Lomeli is a Democrat.

Shanna Long, 50, of Corning, has been reappointed to the 30th District Agricultural Association, Tehama District Fair Board of Directors, where she has served since 2014. Long has been co-owner at Greg Long Ranch since 1995. She is a member of the California Farm Bureau Federation. This position does not require Senate confirmation and there is no compensation. Long is a Republican.

Mark Mulliner, 47, of Corning, has been reappointed to the 30th District Agricultural Association, Tehama District Fair Board of Directors, where he has served since 2015. Mulliner has been business manager at Plumbers and Pipefitters Local Union 228 since 2011. He is a member of the Beale Air Force Liaison Honorary Commander Program. This position does not require Senate confirmation and there is no compensation. Mulliner is a Democrat.

Farrell Shatswell, 83, of Red Bluff, has been reappointed to the 30th District Agricultural Association, Tehama District Fair Board of Directors, where he has served since 2003. Shatswell served as a deputy sheriff at the Contra Costa County Sheriff’s Office from 1960 to 2003. This position does not require Senate confirmation and there is no compensation. Shatswell is a Republican.

Jennifer Coile, 63, of Hollister, has been reappointed to the 33rd District Agricultural Association, San Benito County Fair Board of Directors, where she has served since 2012. Coile has been a contract project manager at the City of Salinas Community Development Department since 2013. She was a project manager and interim housing coordinator at the City of Marina Economic Development Division from 2006 to 2013, national environmental policy act specialist at Pinnacles National Monument from 2008 to 2009, a contract housing planner at the City of Sunnyvale Housing Division from 2003 to 2007 and city manager of the City of San Juan Bautista from 2005 to 2006. She was a transportation planner at the Golden Gate National Recreation Area from 2000 to 2002 and assistant cultural affairs officer at the U.S. Information Agency and U.S. Department of State from 1995 to 2000. Coile was a transportation planner in the City of Burbank Advance Planning Division from 1992 to 1995. She is a member of Pinnacles National Park Foundation, El Teatro Campesino, Hollister Art League, San Benito County Arts Council and the San Benito Agricultural Land Trust. Coile earned a Master of City and Regional Planning degree from Harvard University. This position does not require Senate confirmation and there is no compensation. Coile is a Democrat.

Nicole Shelton, 34, of Hollister, has been reappointed to the 33rd District Agricultural Association, San Benito County Fair Board of Directors, where she has served since 2017. Shelton has been a physician assistant at Hollister Pediatrics since 2016. She was a physician assistant in Pediatric Cardiothoracic Surgery at the Lucile Packard Children's Hospital at Stanford from 2011 to 2016. She earned a Master of Public Health Education degree from Touro University. This position does not require Senate confirmation and there is no compensation. Shelton is registered without party preference. 

Laurie Costa, 51, of Maxwell, has been reappointed to the 44th District Agricultural Association, Colusa County Fair Board of Directors, where she has served since 2002. Costa has been manager at the Colusa Wellness Center since 2003 and partner and owner at G and L Farms since 1995. She was co-owner and director at Kids Country Preschool from 1996 to 2002 and a purchasing assistant at the Colusa Community Hospital from 1991 to 1996. Costa is a member of the Beta Sigma Phi Sorority. This position does not require Senate confirmation and there is no compensation. Costa is a Democrat. 

Tony Garofalo, 48, of Colusa, has been appointed to the 44th District Agricultural Association, Colusa County Fair Board of Directors, where he has served since 2005. Garofalo has been a sergeant at the Colusa County Sheriff’s Office since 2008, where he has served in several positions since 1992, including deputy sheriff and correctional corporal. He is a member of the Colusa County Deputy Sheriff’s Association. This position does not require Senate confirmation and there is no compensation. Garofalo is a Republican. 

E. Dan O’Connell, 71, of Colusa, has been reappointed to the 44th District Agricultural Association, Colusa County Fair Board of Directors, where he has served since 2006. O’Connell has been owner of O’Connell Ranch since 1985. He served as the Colusa County assessor from 1973 to 2007. O’Connell is a member of the Glenn-Colusa County Cattlemen’s Association and the California Rangeland Trust. This position does not require Senate confirmation and there is no compensation. O’Connell is a Republican.

BULLETIN BOARD

Announcements regarding hearings, grants, and public comment notices of importance to California's rural counties.

Little Hoover Commission Report: Fire on the Mountain – Rethinking Forest Management in the Sierra Nevada

Click here

DWR to Invest Millions in Groundwater Sustainability for Disadvantaged Communities and Local Agencies

Click here

Public Health Online Updates Career Resource Portal

Public Health Online is a web resource for anyone considering a career in public health.  This no-cost resource offers information about various public health specialties including health education, health administration, nutrition and many more. Readers can find a myriad of tools including interviews with public health professionals, salary information, search tools for degree programs and job search information.

Click here

EPA and USDA Webinar: Small Drinking Water Systems Funding

Click here

Notice of Funding Opportunity: Hazard Mitigation Grant Program

Click here

Notice of Funding Opportunity: CAL FIRE California Climate Investment Grant Funds

Click here

United Policyholders Hosts Fire Recovery Workshop in Napa

Click here

Santa Cruz County Seeks Director of Public Works

Click here

San Luis Obispo County Seeks IT Applications Supervisor

Click here

REGULATORY UPDATE

RCRC members are encouraged to submit comments on regulatory matters to state and federal regulatory bodies, and to provide a copy to RCRC’s Government Affairs staff.  

Notice of Proposed Rulemaking Pertaining to Financial Assurance Mechanisms (FAMs).  The proposed amended regulatory language is intended to implement the updates to Public Resources Code Section 2774 based upon the statutory changes made by Assembly Bill 1142 (Grey, 2016) pertaining to Financial Assurance Mechanisms (FAMs).  AB 1142 requires the SMGB to formally adopt FAM forms by July 1, 2018.  Assurance mechanisms include, but are not limited to, surety bond forms, irrevocable letters of credit, and certificate of deposit establishment and encashment instructions.  Agency: Department of Conservation State Mining and Geology Board.  Status: The notice was released January 26, 2018, with comments due March 13, 2018.  The notice and draft forms can be accessed here.  RCRC Comments:  Staff is seeking input from member counties.  RCRC Advocate: Mary Pitto mpitto@rcrcnet.org

Notice of Proposed Rulemaking Pertaining to Amendments and Additions to the State CEQA Guidelines.  The proposed Guidelines for implementation of the California Environmental Quality Act (CEQA Guidelines) reflect past legislative changes to CEQA, clarify certain portions of the existing CEQA Guidelines, and update the CEQA Guidelines consistent with past court decisions.  Agency: California Natural Resources Agency.  Status: The notice was released January 26, 2017 for a 45-day public comment period, which ends March 15, 2018.  Public hearings have been scheduled for March 14, 2018 in Los Angeles and March 15, 2018 in Sacramento.  Additional information and the proposed CEQA Guidelines can be accessed here.   RCRC Comments:  Staff is seeking input from member counties.  RCRC Advocate: Mary Pitto mpitto@rcrcnet.org

Assembly Bill 901 Proposed Reporting Regulations for Recycling, Disposal, and Enforcement:  Assembly Bill 901 (Gordon, 2015) established new requirements to address the lack of a formal reporting system on recycling, complete and timely data on disposal, and enforcement in order to measure statewide compliance with new statewide recycling goals and programs.  Agency: Department of Resources Recycling and Recovery Status:  Draft regulations were released January 26, 2017 for a 45-day public comment period, which ends March 14, 2018.  A public hearing has been scheduled for March 14, 2018 in Sacramento.  Additional information and draft regulations can be accessed here.  RCRC Comments:  Staff is seeking input from member counties.   RCRC Advocate: Mary Pitto mpitto@rcrcnet.org

Senate Bill 1383 Organics Diversion from Landfills Informal Draft RegulationsSenate Bill 1383 (Lara, 2016) established methane emissions reduction targets in a statewide effort to reduce emissions of short-lived climate pollutants (SLCP) from various California sectors.  SB 1383 included goals of reducing organics from landfills by 50 percent in 2020 and 75 percent by 2025 from 2014 levels.  CalRecycle is in the process of developing regulations to implement SB 1383.   Agency: Department of Resources Recycling and Recovery Status: Four series of informal stakeholder workshops on concepts were held in 2017.  The first draft regulatory language was released October 25, 2017, with a fifth workshop.  The second informal draft is expected in early March with a workshop scheduled for March 21 in Sacramento and March 22 in Carlsbad.  Additional information and draft regulations can be accessed here.  RCRC Comments:  Staff comments can be accessed here.  In addition, RCRC participated in two coalition letters that can be accessed here and hereRCRC Advocate: Mary Pitto mpitto@rcrcnet.org

LEGISLATIVE UPDATE

RCRC members are encouraged to share letters addressed to state and federal representatives and regulatory bodies with RCRC’s Government Affairs staff.

Assembly Bill 924 (Bonta): Indian Tribes: Commercial Cannabis Activity.  Assembly Bill 924 would authorize the Governor to enter into agreements concerning cannabis activities on lands of federally-recognized sovereign Indian tribes. Status: AB 924 awaits consideration in the Senate Business, Professions & Economic Development Committee.  RCRC Position: Oppose

Assembly Bill 975 (Friedman): Natural Resources: Wild and Scenic Rivers. Assembly Bill 975 would expand the area protected in the state’s Wild and Scenic Rivers System from immediately adjacent to the affected river segment to one-quarter of a mile, including both public and private lands. Status: AB 975 has failed on the Assembly Floor.  RCRC Position:  Oppose

Assembly Bill 986 (Gallagher): Hunting and Sport Fishing Licenses.  Assembly Bill 986 would revise the duration of sport fishing licenses, and provide Veterans with a reduced-fee sport fishing license.  Status: AB 986 awaits action on the Senate Floor.  RCRC Position: Support

Assembly Bill 1250 (Jones-Sawyer): Counties and Cities: Personal Contract Services.  Assembly Bill 1250 would establish specific standards for the use of personal services contracts by counties.  Status: AB 1250 awaits consideration in the Senate Rules Committee. RCRC Position: Oppose

Assembly Bill 1772 (Aguiar-Curry): Fire Insurance Indemnity. Assembly Bill 1772 would extend the minimum limit during which an insured may collect the full replacement cost of a loss relating to a state of emergency to 36 months. Status:  AB 1722 awaits consideration in the Assembly Insurance Committee. RCRC Position: Support

Assembly Bill 1875 (Wood): Residential Property Insurance.  Assembly Bill 1875 would require an insurer to offer extended replacement cost coverage when issuing or renewing a policy of residential property insurance, and requires the insurer to disclose the premium costs for extended replacement cost coverage. Status: AB 1875 awaits consideration in the Assembly Insurance Committee. RCRC Position: Support

Assembly Bill 1886 (Carillo): Payment of Expenses. Assembly Bill 1886 would require the State to pay for the cost of special elections - proclaimed by the Governor - to fill a vacancy in the office of a member of the State Assembly, State Senate, or the U.S. Congress that has occurred after January 1, 2017. Status: AB 1886 awaits consideration in the Assembly Elections and Redistricting Committee.  RCRC Position: Support

Assembly Bill 2050 (Caballero): Small System Water Authority Act of 2018.  Assembly Bill 2050 would create the Small System Water Authority Act of 2018 and state legislative findings and declarations relating to authorizing the creation of small system water authorities that will have powers to absorb, improve, and competently operate noncompliant public water systems. Defines various terms and requires a change in organization to be carried out as set forth in the Cortese-Knox-Hertzberg Local Government Reorganization Act of 2000. Status: AB 2050 currently awaits action on the Assembly Floor.  RCRC Position: Watch

Senate Bill 168 (Wieckowski): Beverage Container Recycling Act of 2017.  Senate Bill 168 would amend the California Beverage Container Recycling and Litter Reduction Act, which is administered by the Department of Resources Recycling and Recovery. SB 168 would require CalRecycle to establish minimum recycled content for beverage containers and to provide the Legislature a report on an extended producer responsibility program to replace the current beverage container recycling program. Status: SB 168 awaits action on the Assembly Floor.  RCRC Position: Watch

Senate Bill 623 (Monning): Safe and Affordable Drinking Water Fund.  Senate Bill 623 would establish the Safe and Affordable Drinking Water Fund.  SB 623 would provide grants, loans, or services to assist those without access to safe and affordable drinking water. Status: SB 623 awaits consideration in the Assembly Rules Committee.  RCRC Position: Support

Senate Bill 824 (Lara): Insurance: Nonrenewal.  Senate Bill 824 would express the intent of the Legislature to clarify that the provisions described concerning cancellation of structural insurance policies is applicable to all insured properties located within a county for which a state of emergency has been declared. SB 824 prohibits nonrenewal of the policies under specified circumstances. Status: SB 824 awaits consideration in the Senate Insurance, Banking and Financial Institutions Committee.  RCRC Position: Support

Senate Bill 930 (Hertzberg): Financial Institutions: Cannabis Senate Bill 930 would state the intent of the Legislature to establish a state-chartered bank that would allow a person licensed to engage in commercial cannabis activity to engage in licensed banking activities in California. Status: SB 930 awaits action on the Senate Floor. RCRC Position: Support In Concept

Senate Bill 998 (Dodd): Water Shutoffs: Urban and Community Water Systems. Senate Bill 998 would require an urban and community water system as a public water system that supplies water to more than 200 service connections, to have a written policy on residential service shutoff available in specified languages of the people residing in its service area. Requires certain aspect to be available on it's system web site and be provided annually to customers in writing. Status: Senate Bill 998 awaits action on the Senate Floor. RCRC Position: Watch