The Barbed Wire - April 17, 2020

April 17, 2020
RCRC April Board Meeting Canceled – June Board Meeting Slated for Merced County
Fish and Game Commission Approves Targeted Fishing Season Delays in Response to COVID-19
State Legislative Recess Update
RCRC Joins Coalition Requesting Utility De-Energization Protocols During COVID-19 State Emergency
RCRC Requests Local Government Eligibility for Broadband Grant Funding
GO-Biz Requests Local Government Feedback on Zero Emission Vehicle Permitting
An Online Call to Action: Romaine Calm and Carrot On— Introducing a Tool for Counties to Strengthen Local Communities
RCRC Joins Municipal Partners to Comment About Judicial Timelines
CalPERS Releases Guidance for Reporting Paid Leave Under the Families First Act
Legislature Begins Budget Review of the Pandemic in California
CARES Act Phase 4
Cannabis Banking
Rural Broadband
Rural Telehealth
BULLETIN BOARD
CORONAVIRUS (COVID-19) ASSISTANCE

RCRC April Board Meeting Canceled – June Board Meeting Slated for Merced County

Due to the worldwide events surrounding Coronavirus (COVID-19), the April meeting of the RCRC Board of Directors has been canceled. The meeting was scheduled to occur in Merced County next week, as it is customary to hold one board meeting a year in the County of the Chair.

Currently, plans are underway to hold the June meeting of the RCRC Board of Directors in Merced County on June 16-18, 2020. As the status of California’s stay-at-home order is re-evaluated in the coming weeks, arrangements are subject to change. The latest information and registration for the June meeting of the RCRC Board of Directors is available here.

Fish and Game Commission Approves Targeted Fishing Season Delays in Response to COVID-19

On Wednesday, the members of the California Fish and Game Commission (Commission) considered and unanimously approved an emergency proposal by the California Department of Fish and Wildlife (CDFW) to allow the CDFW Director to approve targeted delays of recreational fishing seasons in response to requests from four RCRC-member counties. The emergency meeting was rescheduled from last week, when the Commission’s teleconference meeting was overwhelmed by members of the public, many who misunderstood the proposal as a statewide ban on fishing during the current pandemic.

RCRC testified in support of the requests by Alpine, Inyo, Mono and Sierra Counties, who expressed concerns that they will be overwhelmed by non-resident visitors if the trout fishing season is allowed to open on April 25, 2020 as scheduled. RCRC also sent a letter to the Commission last week to express that seasons should only be postponed if a county authority requests. The potential volume of visitors could easily overload the available amenities (health care system, grocery stores, etc.) in those areas, as well as exacerbate the spread of COVID-19 during the statewide Stay-At-Home Order. RCRC also reiterated in its testimony that the delays should only be at the request of local governments, ensuring that those areas wishing to continue with recreational fishing seasons will be able to do so.

The authority adopted by the Commission is temporary, and will expire on May 31, 2020. For more information, visit the California Fish and Game Commission’s website here.

State Legislative Recess Update

On April 3rd, Senate President pro Tempore Toni Atkins (D-San Diego) and Assembly Speaker Anthony Rendon (D-Paramount) announced the 2020 Legislative Session will resume on May 4th should the guidance of public health officials warrant it. The recess, which began in mid-March, has been extended as California continues to grapple with the spread of the coronavirus (COVID-19). And, contingent upon the guidance of public health officials who seek to minimize COVID-19 infections, the May 4th date may need to be delayed for several additional weeks.

Currently, it is unclear how the traditional legislative process of considering and acting upon bills will occur as the timeframe begins to compress (the Legislature faces a constitutionally-mandated adjournment date of its Regular Session on August 31st). As the Legislature assesses the extraordinary impacts of the COVID-19 pandemic, it is expected that the Legislature and the Newsom Administration will face daunting challenges and difficult budgetary decisions in the weeks and months ahead.

During the current recess period, RCRC staff continues to monitor and work with key legislative staff on pending legislation that impacts California’s rural counties. For more information regarding state legislative activities, please contact the RCRC Governmental Affairs staff at (916) 447-4806.

RCRC Joins Coalition Requesting Utility De-Energization Protocols During COVID-19 State Emergency

On Monday, RCRC joined a coalition of local government stakeholders requesting the California Public Utilities Commission (CPUC) issue an emergency order setting electric de-energization protocols during the COVID-19 pandemic. A de-energization, or Public Safety Power Shut-off (PSPS), could put people, communities and hospitals in an untenable position during this overwhelming public health crisis and the coalition is making the request to reduce foreseeable threats to public health and safety during this difficult time.

While utilities have announced curtailing routine maintenance outages during the state’s stay-at-home order, as fire season approaches it is critical to take action to reduce harms that could impact public safety in the midst of the COVID-19 emergency. The PSPS events in 2019 made it clear that de-energization events can become emergency events in their own right, creating widespread public safety and economic crises. The impacts of a dual COVID-19/de-energization event would reach beyond medical care issues and affect essential retail stores, grocery stores, and pharmacies already struggling to keep basic supplies in stock as a result of the COVID-19 pandemic and could worsen supply chain shortages.

Requests in this motion include:

  • Requiring utilities to consult and coordinate with local emergency managers prior to any de-energization;
  • Requiring utilities to consider specific factors prior to a de-energization in an area with a shelter-in-place order such as the number of hospitalized COVID-19 patients, number of reported COVID-19 cases, the number of medically fragile or vulnerable customers within a de-energization footprint, as well as the number and type of critical facilities affected—ranging from a loss of internet service to the loss of bulk refrigeration for grocery stores;
  • Local governments can request and receive an exemption from a PSPS event if it would exceed the local capacity to respond to the consequences of a shutoff; and,
  • Utilities must partner with local government and state agencies to identify critical treatment facilities, including temporary facilities, with overflow capabilities and keep them operational with any necessary backup generation.

De-energization requirements specific to the COVID-19 pandemic do not inherently force a choice between wildfire safety and COVID-19 safety. With proper advance planning and coordination between the utilities, local governments, and state agencies, and with increased deployment of grid-based strategies and portable backup generation, it should be possible to avoid choosing between shutting off power to communities fighting against COVID-19 and preventing a wildfire.

The joint motion and the entirety of RCRC’s requests can be viewed here.

RCRC Requests Local Government Eligibility for Broadband Grant Funding

On Wednesday, RCRC sent comments to the California Public Utilities Commission (CPUC) on its Rulemaking considering changes to the California Advanced Services Fund (CASF). The CASF provides qualified service providers with financial grants to construct the infrastructure necessary to deploy broadband service to unserved and underserved areas. Funding for the CASF is derived from a small surcharge on residents monthly phone bills.

RCRC, which has long advocated for the continuation of the CASF program during legislative deliberations, seeks long-term solutions to resolve broadband connectivity barriers, especially for rural and remote regions that lack the requisite infrastructure for wireless service. RCRC advocated for the CPUC to open a new rulemaking to consider changes in data and circumstances affecting the CASF program, including the need to modify the program funding structure, rules, and eligibility requirements to better serve rural jurisdictions. It is paramount, for instance, that local governments have equivalent eligibility for broadband project funding to allow for the creation of municipal fiber networks in high-cost, unserved, and underserved, areas of the state.

RCRC’s full comments can be accessed here.

GO-Biz Requests Local Government Feedback on Zero Emission Vehicle Permitting

At the March 11th RCRC Board of Directors Meeting, the Governor’s Office of Business and Economic Development (GO-Biz) Zero Emission Vehicle (ZEV) Unit made a presentation on the state’s Electric Vehicle (EV) charging compliance per Assembly Bill 1236 (Chiu; 2015). AB 1236 mandated all municipalities to streamline electric vehicle charging station permits in order to expedite the availability of electric vehicle (EV) charging stations. Since AB 1236 went into effect, few cities and counties have taken action to adopt a model ordinance for a streamlined EV charging permitting process, including urbanized areas.

GO-Biz is requesting municipalities take a survey, found here, by May 1st so they may better support cities and counties with ZEV readiness during the COVID-19 statewide emergency. California has established a goal of having 5 million ZEVs by 2030, necessitating the ambitious targets of having 200 hydrogen fueling stations and 250,000 plug-in electric chargers by 2025 to support 1.5 million ZEVs. The GO-Biz ZEV unit works to achieve California’s climate, air quality, and clean energy goals by addressing barriers in the deployment of the fueling infrastructure needed to power these vehicles.

On a related note, AB 2168 (McCarty) is being put forth to deem EV charging applications be approved 15 business days after submittal to a city or county if the building official has not made a finding that the installation of EV charging infrastructure would not have an adverse impact upon public health and safety, as well as apply to all local jurisdictions, including those that have complied with AB 1236’s streamlined permitting process. This bill would go into effect immediately if enacted into law. RCRC is fully engaged on this issue and opposed to AB 2168.

An Online Call to Action: Romaine Calm and Carrot On— Introducing a Tool for Counties to Strengthen Local Communities

In this season of staying at home, local communities need immediate solutions for enormous challenges. That is why RCRC has joined with community partners to sponsor an Online Call to Action and 90-minute introduction to CropMobster Community Exchange—a community resilience platform for sharing resources, trading food and supplies, and strengthening local communities through mutual aid.

Moderated in partnership with leaders and students at the University of California Merced, CropMobster began on a family farm in 2013 and is now available for every county in the country. To learn about the benefits and gain practical information to activate your region’s community exchange, join the webinar on April 21, 2020 at 3:00 PM. Hear from farmers, food banks, and university coordinators about how the community exchange has impacted the counties of Merced and Sonoma. Register here.

RCRC Joins Municipal Partners to Comment About Judicial Timelines

On Monday, a coalition of local government associations submitted a letter to the Judicial Council of California (Council) urging changes to a recently-adopted Emergency Rule that suspends the statutes of limitations for all civil actions until 90 days after the Governor lifts the existing COVID-19 Emergency Order. The proposed changes would limit the suspension for actions that ordinarily have much shorter filing deadlines – such as challenges to land use approvals. In the letter, RCRC, the California State Association of Counties and the League of California Cities cite concerns with the detrimental effects the Emergency Rule will have on local housing production, including affordable housing, homeless shelters, and transitional housing unless these changes are made.

The Council’s Emergency Rule 9 was announced April 6th and is intended to alleviate possible impacts to the judicial system during the COVID-19 pandemic. The additional 90 days to file suit after the Emergency Order is lifted represents a modest extension for most ordinary statutes of limitations (which are often years long), but is nearly triple the typical limitations period for common land use challenges (such as those brought under CEQA). This will delay the finality and certainty of project approvals, thereby extending production timelines and putting project financing in jeopardy. Local governments have proposed changes to the rule to ensure that the additional filing period for any claim after the Emergency Order is lifted does not exceed the statute of limitations ordinarily applicable to that claim. The California Building Industry Association also submitted a letter outlining similar concerns, and has requested the same language modifications to the Rule as the local governments associations.

CalPERS Releases Guidance for Reporting Paid Leave Under the Families First Act

On Thursday, CalPERS issued Circular Letter which provides preliminary guidance to employers regarding how to report paid leave to CalPERS under Families First Coronavirus Recovery Act, which became law on March 18, 2020 in response to Coronavirus (COVID–19). CalPERS provides specific guidelines for employers to report sick and/or family leave paid to employees, leave for retired annuitants, qualification of paid leave as pensionable compensation, and reporting by employers in the CalPERS system. The letter may be found here.

Legislature Begins Budget Review of the Pandemic in California

Earlier this week the Senate and Assembly announced Budget Subcommittee activity in response to the coronavirus (COVID-19) pandemic. The Senate Budget Subcommittee met on Thursday, and the Assembly Budget Subcommittee is scheduled to meet on Monday. Both are focused on the implications of the COVID-19 response by the Newsom Administration as authorized by SB 89 and approved by the Legislature prior to their recess in March.

Yesterday’s Senate hearing included a brief economic update from the Legislative Analyst Office (LAO); a Department of Finance (DOF) overview of COVID-19 spending; and a California Budget and Policy Center (CBPC) discussion concerning areas of need that may not be addressed in state or federal relief. Overall, information presented at the hearing was consistent with messages communicated by the Governor in his briefings— the budget proposed in January is no longer accurate, and the May Revise will be a baseline budget reflecting the best revenue/expenditure information available. The ability to cover existing program commitments and COVID-19 response will be significantly influenced by the pace of economic slowdown and the adequacy of the federal response.

Of note, Senator Anna Caballero (D-Monterey) and Senator Brian Dahle (R-Lassen) called out the effect of the COVID-19 preparedness initiative on rural hospitals and health providers. The suspension of elective procedures has significantly affected the financial health of these facilities and providers.

In the Assembly, Speaker Anthony Rendon (D-Lakewood) indicated that the Assembly Budget Subcommittee hearing will include oversight and assessment of California’s COVID-19 expenditures, including the use of the emergency funds approved by the Legislature in March. Updates are also expected from the Legislative Analyst’s Office and the Department of Finance. Similar to the Senate hearing, the Capitol will be open for attendance of this hearing. However, given the statewide stay-at-home order, and guidance on physical distancing, seating will be very limited for press and for the public. All are encouraged to watch the live stream of the hearing on the Assembly’s website.

CARES Act Phase 4

As of Wednesday night, the Small Business Administration announced that it had run out of money for the Paycheck Protection Program (PPP), and it will not be accepting new applications or enrolling new lenders. It appears that Congressional lawmakers remain in a deadlock over passing legislation to provide additional funding for the program, as the Senate adjourned for the week without an agreement. Republicans want to add additional funding to the PPP and address additional aid in future proposals. Meanwhile, Democrats want to make changes to the small business program and include money for hospitals, state and local governments, and food assistance recipients alongside the additional PPP funding. The impasse will last until at least Monday, when the Senate is next expected to convene.

Cannabis Banking

During a Democratic caucus meeting last week, Representative Ed Perlmutter (D-Colorado) alluded to his work on including a revised version of the Secure and Fair Enforcement (SAFE) Banking Act in an upcoming Coronavirus Phase 4 stimulus package. He stated that while such legislation would likely come in a amended form, he has received the support of top congressional leadership including House Speaker Nancy Pelosi (D-California). It is unclear what kind of revisions he is considering, but Senate Banking Committee Chairman Mike Crapo (R-Idaho) has previously floated changes including limits on the THC potency of products. Resolving the banking issue for the legal cannabis industry remains a top priority for RCRC.

Rural Broadband

On Tuesday, House Transportation and Infrastructure Committee Ranking Member Sam Graves (R-Missouri) and Subcommittee Ranking Member John Katko (R-New York), introduced the Eliminating Barriers to Rural Internet Development Grant Eligibility (E-BRIDGE) Act (H.R. 6491). This bill seeks to make it easier for Economic Development Administration grant money to go toward broadband buildout, including difficult last-mile efforts that often delay rural broadband deployment. It also ensures that local communities can partner with the private sector in carrying out broadband projects and gives communities more flexibility in complying with their funding match requirements.

Rural Telehealth

Last week, House Health Subcommittee Chairwoman Anna G. Eshoo (D-California) and Representative Don Young (R-Alaska) introduced the Healthcare Broadband Expansion During COVID-19 Act (H.R. 6474). This bill would provide $2 billion to expand telehealth and high-quality internet connectivity at public and nonprofit healthcare facilities, including mobile clinics and temporary health facilities deployed to respond to the coronavirus pandemic. It also streamlines administrative requirements to ensure healthcare providers receive funding as quickly as possible. The FCC’s Healthcare Connect Fund Program (HCFP) generally subsidizes 65% of the cost of broadband for eligible public and nonprofit rural healthcare facilities, this bill increases the subsidy rate to 85%.

BULLETIN BOARD

State Water Resources Control Board to Hold Public Workshop About Clean Water State Revolving Fund

The State Water Board's Division of Financial Assistance (DFA) will be conducting a public workshop and webinar to discuss the Clean Water State Revolving Fund (CWSRF) and Drinking Water State Revolving Fund (DWSRF) Intended Use Plans (IUP). This is an opportunity to hear about the changes to the CWSRF and DWSRF Programs in this year’s IUPs and ask questions about the proposed changes. The workshop will also provide the status of the Programs, the proposed schedule for the State Water Board’s consideration and approval of the IUPs, and the Division’s implementation plans.

The meeting will occur through remote presence only, on April 29, 2020 from 10:00 AM to 2:00 PM. For additional information, or for details about how to watch or participate in the meeting see the notice here.

 

WIR Conference Gathering Cancelled - Stay Tuned for Alternative Dates

Due to the rapidly changing coronavirus (COVID-19) situation across the nation, after painstakingly thorough consideration, the 2020 National Association of Counties’ (NACo) Western Interstate Region (WIR) Conference scheduled to take place at Tenaya Lodge at Yosemite, has been cancelled. The letter from WIR President, Supervisor Kevin Cann of Mariposa County, to the WIR Board of Directors may be viewed here.

A tremendous program was planned, and the conference team is exploring alternative options for members to utilize, including the possibility of the 2021 Conference being held in California. We encourage you to keep the WIR conference dates on your calendar. And, please plan to participate in virtual meetings and upcoming WIR workshops that may be offered as a partial replacement for Mariposa County in 2020.

For the latest WIR Conference updates, click here.

CORONAVIRUS (COVID-19) ASSISTANCE

Coronavirus (COVID-19) County Resource Page Available

The California State Association of Counties (CSAC), RCRC’s local government partner, continues to provide excellent up-to-date state and federal information to counties on this ever-changing pandemic event. We encourage visiting CSAC’s COVID-19 resource page, which contains vital links to all CSAC COVID-19 advocacy letters and resources. CSAC’s staff continues to work around the clock to update activities so that all of California’s counties can remain properly informed.

 

Economic Development Resources for Communities and Businesses Impacted by the Coronavirus

The California Association for Local Economic Development (CALED) has assembled resources for communities and business impacted by the coronavirus (COVID-19). The page will be continually evolving as new resources become available. To go directly to the CALED resources, click here.

 

Use of Community Development Block Grant (CDBG) Funds for Infectious Disease Response

Community Development Block Grant (CDBG) funds may be used for a range of eligible activities that prevent and respond to the spread of infectious diseases such as the coronavirus disease 2019 (COVID-19). Check out the Quick Guide to CDBG Eligible Activities to Support Infectious Disease Response for guidance and additional information.

 

Federal Disaster Loan Assistance Available from the Small Business Administration

Applications are now being accepted by the U.S. Small Business Administration (SBA) for federal disaster loans to help alleviate economic injury caused by the coronavirus (COVID-19). All fifty-eight (58) California counties are designated as eligible. To apply, please visit SBA’s Disaster Loan Assistance portal here.