The Barbed Wire - October 26, 2018

October 26, 2018
Laptops Donated to Madera County Foster Youth
CDFA Announces Deadline for Temporary Cannabis Cultivation License Applications
Children’s Well-Being Interactive Tool Released
2018 Farm Bill Update
Rural Broadband Update
Water Policy
RCRC and County Representatives attend Special CalPERS Employer Leader Forum
THE RURAL RUNDOWN PODCAST
REGULATORY UPDATE

Laptops Donated to Madera County Foster Youth

Earlier this week, representatives from the Rural County Representatives of California (RCRC) and National Homebuyers Fund, Inc. (NHF) provided an update to the Madera County Board of Supervisors on the distribution of 40 gifted laptops to local foster youth and former foster youth aged 16-21 in Madera County.  These laptops are part of a statewide distribution of more than 1,100 laptop computers to all eligible foster youth and former foster youth aged 16-21 within 35 of RCRC’s member counties.  Read More…

CDFA Announces Deadline for Temporary Cannabis Cultivation License Applications

After December 31, 2018, authority for the California Department of Food & Agriculture (CDFA) to issue temporary cannabis cultivation licenses will expire.  Receipt of a temporary license before the end of 2018 is a pre-requisite for cultivators who wish to obtain a provisional license under recently-enacted Senate Bill 1459 (Cannella).  These licenses allow cultivators to participate in the regulated cannabis marketplace while the environmental review process is being completed, and consequently may be critical for continued legal operations in some cases.

In anticipation of a large number of applications being submitted for temporary licenses, CDFA has announced a deadline to prospective applicants.  To provide sufficient processing time, CDFA’s CalCannabis Cultivation Licensing Division is requesting that temporary applications be submitted by December 1, 2018.  Applications received after December 1, 2018 may not be processed in time to issue a temporary license before January 1, 2019. 

For those requesting to receive an extension of an existing temporary cannabis cultivation license, an application for an annual license must be submitted and the application fees paid prior to December 31, 2018. 

RCRC member counties interested in permitting commercial cannabis cultivation within their jurisdiction are encouraged to keep these timelines in mind. 

Step-by-step guides, videos on cultivation licensing application process, and information on the California Cannabis Track-and-Trace system can be accessed here.

Children’s Well-Being Interactive Tool Released

This week, Children Now released the 2018-19 edition of the “California County Scorecard of Children’s Well-Being” tool.  The interactive tool and report provides a comprehensive snapshot of how children are faring in each of the 58 counties, over time, race, and ethnicity.

The interactive tool provides an overview of each county, and how counties compare regionally and statewide.  The data provides valuable insight on children’s early childhood, health, education, and welfare, which can assist local government on informed decision-making.

The interactive tool can be accessed here

2018 Farm Bill Update

House and Senate Agriculture Committee staff continue to state their intention to unveil a conference committee bill during the week of November 12th; however, little progress has been made on the unresolved issues that prevented an agreement before September 30th (food stamps, crop insurance, and some cotton provisions).  Most experts believe the 2018 Farm Bill’s future depends on who takes or retains control of the House of Representatives after November 6, 2018. 

Most staff think either party will want to “clear” the deck before 2019 but there are some vote scenarios that could let many portions of the current Farm Bill expire.  The Congressional Research Service provides an in-depth analysis of the impact a Farm Bill expiration will have on rural counties and agriculture businesses (link).

Within the House’s version of the Farm Bill is Section 6202 (link to bill) “expanding access to credit for rural communities” that would update that definition of rural to 50,000 for purposes of accessing loan guarantee programs around water and broadband.  There is no comparable section in the Senate’s version and Section 6202 is not guaranteed to survive when the House and Senate versions of the bill are reconciled.  House Agriculture Committee Ranking Member Collin Peterson (D-Minnesota) is objecting to the language out of concern that the smallest counties will lose out in a pool with larger counties.  Representative Peterson’s opposition is a serious threat to Section 6202, but rural counties will fight for language that updates the definition of rural counties in the final version of the Farm Bill.

Rural Broadband Update

The Federal Communications Commission (FCC) voted this week to revise the rules for the Citizen Broadband Radio Service (CBRS).  The decision received mixed reviews among advocates for rural broadband.  Former FCC Commissioner Michael Copps blasted the rule in a tweet where he accused the Commission of granting a “handout to bloated wireless carriers at [the] expense of rural and unserved Americans.” 

CBRS was a popular source of spectrum for small rural carriers for many years but the FCC’s decision will invite new competition from nationwide carriers.  CBRS spectrum is highly sought after by carriers building 5G nationwide networks.  The FCC’s order frees up new spectrum for 5G nationwide networks at the expense of small carriers that continue to struggle to deliver 4G connectivity to rural customers. 

Water Policy

On Friday, October 19, President Trump signed an executive memorandum that will streamline the environmental permitting process for water projects in California that divert water from the northern part of the State to the Central Valley.  The memo instructs the Secretaries of Commerce and Interior to minimize unnecessary regulatory burdens that impede construction on new water projects.  

The executive memo directs the Secretaries of Commerce and Interior to identify major water infrastructure projects in California that fall under the regulatory authority of the Endangered Species Act (ESA) and National Environmental Policy Act (NEPA).  For each such project, the Secretaries will designate a government official to oversee the regulatory review process, identify unnecessary burdens to the project, and propose a plan to suspend or rescind any such regulations that are unduly burdensome to the project.

The Secretaries of Commerce and Interior will conduct a review of the Central Valley Project and the California State Water Project and issue an updated Plan of Operations and Record of Decision.  The Secretaries will also issue a final assessment of the environmental impacts of the Central Valley and California State Water Projects no later than January 31, 2019.

The Secretaries of Commerce and Interior will also complete a joint consultation for the Klamath Irrigation Project along the Oregon-California border by August 2019.

The executive memo seeks to increase water delivery to the Central Valley but Governor Jerry Brown is expected to file a lawsuit to block the pumping under ESA protections.  The memo is seen as a political move by the Trump Administration to bolster Republican campaigns in California’s Central Valley.  When President Trump signed the proposal he was joined by House Majority Leader Kevin McCarthy (R-Bakersfield) and California House Republicans Tom McClintock (R-Roseville), Devin Nunes (R-Visalia), Jeff Denham (R-Modesto), and David Valadao (R-Hanford), who support the measure.

RCRC and County Representatives attend Special CalPERS Employer Leader Forum

This week, representatives from Yuba and Tuolumne County joined RCRC’s Chief Financial Officer for two special meetings with CalPERS Executive Team and Board members.  The sessions were held in conjunction with the annual CalPERS Educational Forum in Indian Wells. 

Debi Bautista, Tuolumne County Auditor / Controller and Jill Abel, Yuba County Human Resource Director, were provided the unique opportunity to dialog openly and discuss key issues such as funding of the system, healthcare and policy decision points.  Debi Bautista stated, “This was a great meeting with the CalPERS executive staff and board to discuss current issues.  Communication is the first step in solving differences.” Jill Abel added, “I believe we made some positive strides toward creating a level of understanding between the Counties and CalPERS this week in regards to the complex issues counties are facing.  I am grateful for the opportunity to interact with the executive staff so directly.”

This is the second year that Lisa McCargar, RCRC’s CFO, has joined RCRC member counties in this setting.  “CalPERS willingness to provide our member counties access to CalPERS leaders, including Marcie Frost, CalPERS CEO and Priya Mathur, CalPERS Board President, has opened the door to continued dialog with our members,” stated  Ms. McCargar. 

THE RURAL RUNDOWN PODCAST

The Rural Rundown discusses the legislative and regulatory issues impacting California’s rural counties, featuring commentary and interviews from individuals committed to improving the quality of life in rural California. 

The Rural Rundown can be accessed 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 Conduct of Surface Mine Inspections and Forms.  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 Surface Mine Inspections.  In December 2017, the Board adopted the proposed amended regulatory language.  The Office of Administrative Law (OAL) however disapproved the regulatory package, primarily due to the Form MRRC-1 not being made available for the 45-day review.  This package includes a revised form MRRC-1, a new Notice of Completion of Inspection (NOCI-1), and procedural improvements and updates to the conduct of surface mine inspections.  Agency: Department of Conservation State Mining and Geology Board.  Status: The notice was released September 28, 2018, with comments due November 12, 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 Financial Assurance Cost Estimate (FACE) Appeals.  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 Cost Estimate appeals.   Agency: Department of Conservation State Mining and Geology Board.  Status: The notice was released September 28, 2018, with comments due November 12, 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