The Barbed Wire - March 22, 2019

March 22, 2019
Governor Newsom Issues Executive Order to Fast-Track Tree Clearing and Forest Management Work
RCRC Files Key Documents at the CPUC on Issues Impacting Rural Counties
Wade Crowfoot Confirmation as Secretary of California Natural Resources Moves Forward
Cannabis Banking Update
Interior Secretary Confirmation Hearing Scheduled for Next Week
Central Valley Water Update
U.S. Supreme Court Rules on Tribal Fuel Tax Dispute
RCRC Hosts Big Valley High School Color Guard During Ag Day Visit
Bill of the Week: Senate Bill 670 (McGuire) – Outages Affecting Public Safety
BULLETIN BOARD
LEGISLATIVE UPDATE

Governor Newsom Issues Executive Order to Fast-Track Tree Clearing and Forest Management Work

Earlier today, Governor Gavin Newsom declared a statewide emergency to speed up fire prevention efforts.  The Governor announced providing $24 million in six fire-prone counties to assist community-based organizations in spreading the word about wildfire threat, and grants for groups that help pets and farm animals during disasters.  Another $12 million will fund local and regional response teams, and $13 million will finance a public awareness campaign.  

“The increasing wildfire risks we face as a state mean we simply can’t wait until a fire starts in order to start deploying emergency resources,” Newsom said in a statement. “California needs sustained focus and immediate action in order to better protect our communities.” 

Governor Newsom’s Executive Order addresses more than 2 million rural California homes, most of which are in high fire hazard zones.  The Executive Order also suspends CEQA requirements for 35 immediate projects identified earlier this month in CAL FIRE’s 45-Day Report, which include fuel breaks, fire access roads, and fuels reduction projects in areas across the state, including many in RCRC member counties. CAL FIRE is already engaging local governments in beginning work on these projects.  Details on all 35 projects may be accessed here.

RCRC Files Key Documents at the CPUC on Issues Impacting Rural Counties

Following a unanimous vote last week by RCRC’s Board of Directors to initiate the action, On Monday, RCRC staff submitted motions for party status for two key California Public Utility Commission (CPUC) Proceedings – De-Energization and Senate Bill 901 (Dodd) Wildfire Mitigation Plans.  The CPUC is undertaking both actions in response to catastrophic wildfire events that have been directly linked to power lines and other utility equipment, most notably the 2017 Thomas Fire, and many of the fires in the Northern California wine country in 2017.  

SB 901, which was passed into law last year, mandated the development of wildfire mitigation plans by investor-owned utilities, while CPUC has initiated the development of official de-energization procedures for prevention of wildfires during hazardous weather conditions.

RCRC will be participating in both proceedings to provide a rural perspective on the catastrophic wildfires and ensure utilities have comprehensive plans for public power shut-offs and reduced wildfire ignitions through proper vegetation management and fire hardening protocols.  It is imperative that the CPUC develop utility rules that meet community needs in rural fire-prone areas.  The CPUC has targeted the end of April 2019 to have a proposed decision in the De-Energization Proceeding regarding notice and communications issues, and in May 2019 for approval of utility Wildfire Mitigation Plans.

Wade Crowfoot Confirmation as Secretary of California Natural Resources Moves Forward

On Wednesday, the California State Senate Rules Committee voted to confirm Wade Crowfoot as Secretary of the California Natural Resources Agency (CNRA).  Staci Heaton, RCRC Regulatory Affairs Advocate, testified in support of Secretary Crowfoot following RCRC’s official confirmation endorsement from earlier this month.  Mr. Crowfoot’s nomination will now go before the State Senate and his formal confirmation is likely to occur in the coming weeks.  

At their Board meeting on March 13th, the RCRC Board of Directors adopted a new policy to offer a support position for Gubernatorial appointees during the California State Senate’s confirmation process.  As one of their official actions regarding this new policy, RCRC officially endorsed the confirmation of Wade Crowfoot as Secretary of the California Natural Resources Agency.  RCRC’s confirmation support letter can be accessed here.

Cannabis Banking Update

On Tuesday, House Financial Services Committee Chair Maxine Waters (D-Los Angeles) announced the Committee will hold a markup for HR 1595, the SAFE Banking Act, on March 26, 2019.  The SAFE Banking Act would lift the federal prohibition on cannabis banking, and allow banks to provide financial services to cannabis-related businesses.  

HR 1595 has 138 cosponsors and support from Representative Waters.  HR 1595 is expected to pass out of the Committee, and the original cosponsors believe the bill could reach the House floor by summer.  Senator Jeff Merkley (D-Oregon) is expected to introduce a Senate version of the bill later this year.  The path forward in the Senate is unclear for cannabis banking.  A companion version of the SAFE Banking Act should have support among Republicans who represent states where cannabis has been legalized but it is uncertain whether Majority Leader Mitch McConnell (R-Kentucky) would allow the bill to reach the Senate floor.

Interior Secretary Confirmation Hearing Scheduled for Next Week

Acting Secretary of the Interior (Interior) David Bernhardt will testify before the Senate Energy and Natural Resources Committee next week for his confirmation hearing to replace his predecessor, Ryan Zinke.  Democrats are expected to posse challenging questions to Acting Secretary Bernhardt on Interior’s plans to expand off-shore oil drilling and his relationships with the fossil fuels industry. 

Senators Dianne Feinstein (D-California) and Kamala Harris (D-California) were among the Senate Democrats who sent a letter to the Acting Secretary this week, requesting an exemption for the Pacific Ocean from Interior’s five-year leasing plan for oil and gas drilling projects.  Democrats in the Senate are also expected to raise the issue of the Trump Administration’s Fiscal 2020 budget request for Interior which would reduce the Department of the Interior’s budget by $2 billion.

Acting Secretary Bernhardt will expect a warm welcome from Energy and Commerce Committee Chair Lisa Murkowski (R-Alaska), who is a vocal supporter of the Interior Department agenda under the Trump Administration.  The Committee will likely vote to move Bernhardt’s confirmation to the floor, but the Acting Secretary is under mounting pressure from Republicans from coastal states who share Democrats’ concerns about off shore drilling programs at Interior.  Opposition from coastal state Republicans such as Senators Lindsey Graham (R-South Carolina), Thom Tillis (R-North Carolina), and Rick Scott (R-Florida) could delay what would otherwise be a smooth confirmation process.

Central Valley Water Update

The Bureau of Reclamation (USBR) responded last week to inquiries placed by Representative Jim Costa (D-Fresno) and Representative TJ Cox (D-Kings) regarding water allocation for the Central Valley Project.  Congressmen Costa and Cox co-authored a letter to the USBR in February 2019 requesting an increase in water allocations for the Central Valley Project, citing increased levels of precipitation in recent weeks.  

In response, the USBR announced the allocation for North of the Delta, in-Delta, and American River contractors would increase to 100 percent, South-of-Delta agricultural water service contractors would increase to 55 percent, and South-of-Delta municipal and industrial contractors would increase to 80 percent.  The USBR reports the added allocations reflect increased rainfall from February 2019 and early March 2019.  In a statement, Congressman Cox praised the USBR for increasing the allocations and taking “a step in the right direction.”  Congressman Costa was disappointed in the allocation levels and promised to inquire further why the USBR is not allocating more water to the Central Valley, given the historic levels of rainfall for the region.

U.S. Supreme Court Rules on Tribal Fuel Tax Dispute

The United States Supreme Court (Supreme Court) has struck down the State of Washington’s innovative effort to indirectly tax motor vehicle fuel sold by the Yakama Nation on their reservation.  The Yakama Nation imports fuel into the State of Washington for retail sale on the reservation.  The fuel is transported to the reservation across Washington's public highways by a tribally-owned company.  Washington attempted to assess a tax upon this tribal company for the act of importing fuel by ground transportation, but the Supreme Court intervened.  

The Supreme Court held that the treaty between the United States and the Yakama tribe guarantee the Yakamas the “right, in common with citizens of the United States, to travel upon all public highways,” which was interpreted to include the right to transport goods to market free from of state-imposed burdens such as taxation.  This decision has potentially broader applicability, since at least one other tribe (the Nez Perce) enjoys similar treaty language - and the free travel rights articulated by the Supreme Court for these tribes are not limited to motor vehicle fuel transportation.  More generally, this case demonstrates the sympathetic reception that tribal interests often receive in disputes with state and local governments.

The Court's decision in Washington State Dept. of Licensing v. Cougar Den, Inc. may be accessed here.

RCRC Hosts Big Valley High School Color Guard During Ag Day Visit

On Wednesday, the Big Valley High School Color Guard were in Sacramento to present the National Colors at the California State Capitol for Ag Day.  RCRC hosted the seven members for lunch, and a program that included presentations from Karen Ross, Secretary of the California Department of Food and Agriculture, Joy Stirling, California State Board of Food and Agriculture Member, and others.  

Lassen County Supervisor Aaron Albaugh and his wife Rebecca Albaugh organized the event.

Bill of the Week: Senate Bill 670 (McGuire) – Outages Affecting Public Safety

RCRC has lent its support to Senate Bill 670, authored by Senator Mike McGuire (D-Healdsburg).  SB 670 would require providers of telecommunication services to inform the California Office of Emergency Services (CalOES) of 911 service or emergency warning outages.  

Under SB 670, occurrence of a service outage or any outage affecting emergency warning capabilities would require:

  • Telecommunication providers that provide access to 911 service to notify CalOES;
  • CalOES to notify affected local offices of emergency services or county sheriff;
  • Telecommunication providers to notify CalOES within 60 minutes of the outage and provide a description of the estimated area affected, approximate number of customers affected, estimated time to repair the outage, and a contact person that can provide CalOES with further updates; and,
  • Telecommunication providers to notify CalOES that restoration of service has occurred once the 911 service has been restored. 

SB 670 would ensure that state and local offices of emergency services have the crucial information they need to address 911 service interruptions in a timely manner. 

RCRC’s support letter can be accessed here.  Currently, SB 670 awaits consideration in the Senate Energy, Utilities & Communications Committee.  For more information, Tracy Rhine, RCRC Legislative Advocate, can be reached at (916) 447-4806 or trhine@rcrcnet.org.

BULLETIN BOARD

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

Cannabis Cultivation Regulation Workshop Scheduled

The California Association of Environmental Health Administrators will be sponsoring a workshop to discuss environmental and safety issues associated with cannabis cultivation on Thursday, May 30, in Murphys.  The purpose of the workshop is to review and discuss environmental and safety issues related to regulated and illegal cultivation of cannabis.

The workshop will feature speakers from the Integral Ecology Research Center, the California Department of Food and Agriculture, the California Department of Pesticide Regulation, the Central Valley Regional Water Quality Control Board, and the Berkeley Department of Environmental Science.  The workshop will be structured so that there will be plenty of time for discussion by attendees.  Policy makers, regulators, law enforcement officers, and community members are encouraged to participate.

The workshop will be held Thursday, May 30, at the Ironstone Vineyards: 894 6 Mile Road, Murphys, California.  Meeting materials, including agenda/registration form can be accessed here.

 

Fire Summit Being Held In North State

The University of California Agricultural and Natural Resources in partnership with the California Science Consortium is hosting a Fire Summit – Vision 20/20: A Fire Resilient California.

The summit will provide:

  • Provide an opportunity for shared learning from diverse attendees;
  • Enhance community wildfire planning;
  • Daylight best practices on community and state levels; and,
  • And develop actionable items in policy, communications, management, planning, economic development, public- private partnerships, etc. to help build fire resiliency.

The cost of the Summit is $50 and will take place on April 16-17, 2019 in Redding, California at the Sheraton Redding Hotel at the Sundial Bridge.  Details on the event can be accessed here.  RSVPs must be submitted by March 15, 2019 and can be submitted here

USDA Conservation Easement Applications for Agricultural Lands and Wetlands Due April 12th

Click here

UC Cooperative Extension in Tehama County and Butte County Department of Water and Resource Conservation Host Regional Forum: Sustainable Groundwater Management in the Northern Sacramento Valley

Click here

LEGISLATIVE UPDATE

RCRC members are encouraged to share letters addressed to state and federal representatives and regulatory bodies with RCRC’s Government Affairs staff.  Click “Read More” to access information related to the current status of legislation impacting California’s rural counties. 

Assembly Bill 41 (Gallagher): Disaster Relief: Camp Fire. Assembly Bill 41 provides that the State share for disaster relief is born by the State as it relates to the Camp Fire that started in November 2018 in Butte County. Status: AB 41 awaits consideration in the Assembly Governmental Organization Committee. RCRC Status: Support

Assembly Bill 217 (Garcia, E.): Safe and Affordable Drinking Water. Assembly Bill 217 establishes the Safe and Affordable Drinking Water Fund in the State Treasury and provides that moneys in the fund are available, upon appropriation by the Legislature, to the State Water Resources Control Board to provide a stable source of funding to secure access to safe drinking water for all Californians, while also ensuring the long-term sustainability of drinking water service and infrastructure. Status:  AB 217 awaits consideration in the Assembly Environmental Safety and Toxic Materials Committee.  RCRC Position: Pending

Assembly Bill 247 (Dahle): Disaster Relief: Carr and Klamathon Fires. Assembly Bill 247 provides that the state share for disaster project allocations to local agencies is up to 100% of total state eligible costs connected with the Klamathon fire that started on July 5, 2018, in the County of Siskiyou, and the Carr fire that started on July 23, 2018, in the County of Shasta. Status:  AB 247 awaits consideration in the Assembly Governmental Organization Committee. RCRC Status: Support

Assembly Bill 293 (Dodd): California Wildfire Warning Center: Weather Monitoring. Assembly Bill 293 would establish the California Wildfire Warning Center, a statewide network of automated weather and environmental monitoring stations conducting fire weather forecasting and threat assessment to aid in wildfire prevention and response. Comprises the center of representatives from the Public Utilities Commission, the Office of Emergency Services, and the Department of Forestry and Fire Protection. Status: AB 293 awaits consideration in the Senate Governmental Organization Committee. RCRC Position: Support

Assembly Bill 297 (Gallagher): Emergency Average Daily Attendance. Assembly Bill 297 would require the Superintendent of Public Instruction to extend the period during which it is essential to alleviate continued reductions in average daily attendance attributable to a state of emergency declared by the Governor in November 2018, for a school district where no less than five percent of the residences within the school district or district facilities were destroyed by the qualifying emergency. Status: AB 297 awaits consideration in the Assembly Appropriations Committee.  RCRC Status: Support

Assembly Bill 343 (Patterson) Forestry: Biomass Energy. Assembly Bill 343 would require the California Natural Resources Agency to create and implement a program to offset the costs of transporting fuels to a biomass energy facility. Status: AB 343 awaits consideration in the Assembly Natural Resources Committee. RCRC Status: Support

Assembly Bill 394 (Obernolte): California Environmental Quality Act: Exemption: Fire Safety. Assembly Bill 394 expedites fire safety improvements for subdivisions that are at significant fire risk and lack a secondary escape route. Status: AB 394 awaits consideration in the Assembly Natural Resources Committee. RCRC Position: Support

Assembly Bill 616 (Patterson) California Forest Carbon Plan: Report. Assembly Bill 616 would  require the Department of Forestry and Fire Protection, in collaboration with the Natural Resources Agency and California Environmental Protection Agency, to prepare and submit to the Legislature and appropriate legislative policy and budget committees, on or before January 1, 2021, and by January 1 of each year thereafter, until January 1, 2025, a report on the progress made and policies and resources needed to achieve specified wildland fire prevention goals for fuel treatment and vegetation management. Status: AB 616 awaits consideration in the Assembly Natural Resources Committee. RCRC Position: Support

Assembly Bill 883 (Dahle) Fish and Wildlife: Catastrophic Wildfires: Report. Assembly Bill 883 would require the Department of Fish and Wildlife, in consultation with Department of Forestry and Fire Protection, on or before a certain date, and by certain day of each year and thereafter, to study, investigate, and report to the Legislature on the impacts on wildlife and wildlife habitat resulting from any catastrophic wildfire that occurred during that calendar year. Status: AB 883 awaits consideration in the Assembly Water, Parks & Wildlife Committee. RCRC Position: Support

Assembly Bill 1080/SB 54 (Gonzalez): Circular Economy and Plastic Pollution Reduction. AB 1080 would establish the California Circular Economy and Plastic Pollution Reduction Act, which would require the Department of Resources Recycling and Recovery to adopt regulations to source reduce and recycle 75 percent of single use packaging and products sold or distributed in California by 2030. Status: AB 1080 awaits consideration in the Assembly Natural Resources Committee.  RCRC Status: Support if Amended

Assembly Bill 1111 (Friedman): Office of Sustainable Outdoor Recreation. Assembly Bill 1111 would stablish the Office of Sustainable Outdoor Recreation in state government. Requires the office to undertake certain activities, including supporting the outdoor recreation economy of the state by engaging in specified activities. Requires the office to create an advisory committee to provide advice, expertise, support, and service to the office. Authorizes the office to receive the assistance and funds from public and private sources. Status: AB 1111 awaits consideration in the Assembly Water, Parks, and Wildlife Committee. RCRC Position: Support

Assembly Bill 1375 (Bigelow): Disaster Relief: Dead and Dying Tree Removal. Assembly Bill 1375 would provide that the state share for removal of dead and dying trees in connection with the Governor's Proclamation of a State of Emergency issued on October 30, 2015, is not more than a certain percentage of total eligible costs. Status: AB 1375 awaits consideration in the Assembly Governmental Organization Committee.  RCRC Position: Support

Assembly Bill 1530 (Cooley): Unauthorized Cannabis Activity Reduction Grants. Assembly Bill 1530 would require the Board of State and Community Corrections to create and administer a program of grants to be made on a competitive basis to cities, counties and joint powers authorities to establish or expand an enforcement program against unauthorized cannabis activity. Provides consumer education about the difference between licensed or legal cannabis activity and unlicensed or illegal cannabis activity. Status: AB 1530 awaits consideration in the Assembly Business and Professions Committee. RCRC Status: Support

Senate Bill 19 (Dodd): Water Resources: Stream Gages. Senate Bill 19 requires the California Department of Water Resources to develop a plan to deploy a network of stream gages that includes a determination of new needs as well as opportunities for reactivating existing gages. Status:  SB 19 awaits consideration in the Senate Appropriations Committee. RCRC Position: Support

Senate Bill 45 (Allen): Wildfire, Drought, and Flood Protection Bond Act 2020. Senate Bill 45 enacts the Wildfire, Drought, and Flood Protection Bond Act of 2020, which, if approved by voters, authorizes the issuance of bonds to finance projects to restore fire damaged areas, reduce wildfire risk, create healthy forests and watersheds, reduce climate impacts on urban areas and vulnerable populations, protect water supply and water quality, protect rivers, lakes and streams, reduce flood risk, protect fish and wildlife from climate impacts, and protect coastal lands and resources. Status: SB 45 awaits consideration in the Senate Natural Resources and Water Committee. RCRC Status: Pending

Senate Bill 62 (Dodd): Endangered Species: Accidental Take. Senate Bill 62 would make permanent an “accidental take” of candidate, threatened, or endangered species resulting from acts that occur on a farm or a ranch in the course of otherwise lawful routine. Status: SB 62 awaits consideration in the Senate Appropriations Committee. RCRC Status: Support

Senate Bill 67 (McGuire): Cannabis: Temporary and Provisional Licenses. Senate Bill  67 would extend the time-period for which a temporary license is valid when issued by state cannabis licensing entities, and would ease the process for cannabis operators to obtain a provisional cannabis license as a step toward full licensure. Status: SB 67 awaits consideration in the Senate Appropriations Committee. RCRC Position: Suppor

Senate Bill 190 (Dodd): Fire Safety: Building Standards. Senate Bill 190 creates a model defensible space program for local governments and requires the Office of the State Fire Marshal (OSFM) to provide training resources for local building officials, builders, and fire service personnel to improve building fire safety standards. Status: SB 190 awaits consideration in the Senate Natural Resources and Water Committee. RCRC Position: Support

Senate Bill 200 (Monning): Safe and Affordable Drinking Water Fund. Senate Bill 200 establishes the Safe and Affordable Drinking Water Fund in the State Treasury and provides that moneys in the fund are available, upon appropriation by the Legislature, to the State Water Resources Control Board to provide a stable source of funding to secure access to safe drinking water for all Californians, while also ensuring the long-term sustainability of drinking water service and infrastructure. Status: SB 200 awaits consideration in the Senate Natural Resources and Water Committee. RCRC Status: Pending

Senate Bill 209 (Dodd): California Wildfire Warning Center: Weather Monitoring. Senate Bill 209 would establish the California Wildfire Warning Center, a statewide network of automated weather and environmental monitoring stations conducting fire weather forecasting and threat assessment to aid in wildfire prevention and response. Comprises the center of representatives from the Public Utilities Commission, the Office of Emergency Services, and the Department of Forestry and Fire Protection. Status: SB 209 awaits consideration in the Senate Governmental Organization Committee. RCRC Position: Support

Senate Bill 414 (Caballero): Small Systems Water Authority Act of 2019. Senate Bill 414 creates the Small System Water Authority Act of 2019 and states 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. Status: SB 414 awaits consideration in the Senate Governance and Finance Committee. RCRC Status: Support

Senate Bill 462 (Stern): Community Colleges: Forestland Restoration Workforce. Senate Bill 462 would Require the Chancellor's Office of the California Community Colleges, working in collaboration with the Academic Senate for California Community Colleges, to establish a model curriculum for a forestland restoration workforce program that could be offered at campuses of the California Community Colleges. Status: SB 462 awaits consideration in the Senate Education Committee. RCRC Position: Support

Senate Bill 724 (Stern): California Beverage Container Recycling and Litter. Senate Bill 724 makes a number of changes to the California Beverage Container Recycling and Litter Reduction Act (commonly known as the Bottle Bill).  In addition to providing regulatory relief to retailers, the bill adjusts payments and incentives to stabilize existing recycling businesses and bring more recyclers to rural and unserved areas. Status: SB 724 awaits consideration in the Senate Environmental Quality Committee. RCRC Position: Support