The Barbed Wire - April 6, 2018

Supervisor Les Baugh Testifies in Support of RCRC-Sponsored Legislation

On Monday, Supervisor Les Baugh (Shasta) testified before the Assembly Committee on Revenue and Taxation in support of RCRC-sponsored Assembly Bill 2727 by Assembly Member Heath Flora (R-Stanislaus).  AB 2727 provides a personal income tax credit for costs incurred for training and equipment by qualified firefighters. 

Many rural fire districts rely upon the volunteer services of members from their communities to provide a critical public service, responding to structure fires and emergency response calls.  In some parts of rural California, volunteer firefighters are the only local fire department.

Over the years, the training requirements and equipment for volunteer (and paid personnel) have increased in time and expense.  While the fire districts generally provide the minimum training and safety equipment, often these individuals are not reimbursed for travel to the required training, and incur expenses on additional training or higher quality safety equipment.  As such, it has become increasingly difficult for the rural fire districts to recruit and retain volunteer firefighters.

AB 2727 would provide a personal income tax credit up to 80 percent of the amount incurred by qualified firefighters, not to exceed $1,500 per year.  The bill passed the Assembly Committee on Revenue and Taxation, and now heads heads to back to the Assembly for a second review.

The text of AB 2727 can be accessed here.  RCRC’s sponsorship letter can be accessed here.

Oversight Hearing on Water Storage Investment Program

Late last month, the Assembly Water, Parks and Wildlife Committee (Committee) conducted an oversight hearing for the California Water Commission’s (CWC) Water Storage Investment Program (WSIP).  During the hearing, Committee members expressed strong concerns about the WSIP process, including review criteria and the timeline for allocating the funds.  The Committee also focused on the need to include appropriate process steps for the allocation process.  

The witness panel for the hearing was comprised of CWC Chair Armando Quintero, CWC Vice Chair Carol Baker, Association of California Water Agencies (ACWA) Deputy Executive Director for Government Relations Cindy Tuck, and Environmental Defense Fund Association Vice President of Water for the Ecosystems Program Maurice Hall.

The Committee’s interest was sparked by recent actions involving the CWC’s staff assessment of the “Public Benefit Ratios” attached to the 11 projects submitted for Proposition 1 funding.  Subsequent to this action, meetings with applicants ensued, and the CWC members themselves expressed some concern with the staff’s approach and resulting delay in deploying Proposition 1 funds.  Committee members pressed CWC Chair Quintero to commit to additional meetings in early April to allow for questions and clarifications regarding any appeals to the project submittals.  In the end, Committee Chair Eduardo Garcia (D-Coachella) indicated his intent to formally request the CWC to allow for these additional opportunities for applicants.

The next key WSIP milestones are April 20^th and May 25^th when CWC staff reviews responses to the appeals and their revised Public Benefit Ratio Scores are scheduled for release.

Bill of the Week: Assembly Bill 2941 (Berman) – SUPPORT

RCRC has lent its support to Assembly Member Marc Berman’s (D-Palo Alto) Assembly Bill 2941 related to health coverage during a declared State of Emergency.  Under AB 2941, a health plan and health insurer would be required to ensure that patients, who have been displaced by a State of Emergency, have continued appropriate access to medically necessary health care services. 

In 2017, Governor Brown issued four State of Emergency declarations covering 13 counties.  In each of these instances, the Department of Managed Health Care (DMHC) issued All Plan Letters to every health plan operating in the counties where the State of Emergency was declared, to ensure that patients have continued appropriate access to the medically necessary health care services they need.

Given the emergency and disaster risks in California, particularly in rural California where access to health care is more challenging, AB 2941 ensures individuals and families with health insurance can access health care.

Ms. Rhine’s support letter can be accessed here.  Ms. Rhine can be reached at (916) 447-4806 or trhine@rcrcnet.org.

Trump Administration Sues California

The Department of Justice (DOJ) announced this week the State of California is being sued over a state law, Senate Bill 50, which requires the federal government give the California State Lands Commission an opportunity to purchase federal land before it is transferred to a private owner.  SB 50 is designed to prevent the Trump Administration from selling federal lands the state deems worthy of further conservation.  

The DOJ argues the California law is an unconstitutional override of federal law.  In a press release, Attorney General Jeff Sessions told reporters the federal government, not state legislatures, has sole authority over when and how federal lands are sold.

The DOJ announced the lawsuit the same week that the Environmental Protection Agency rolled back Obama-era emissions rules nationwide and threatened to revoke a waiver that allows California to impose tougher standards for auto manufacturers.

The animosity between California and President Trump is nothing new, but the Administration is expected to ramp up its campaign against Obama-era environmental standards which will escalate tensions between federal agencies and California’s regulatory policies.

Rural Broadband Update: FCC and Rural Utilities Service

The Federal Communications Commission (FCC) announced that the next meeting of the Broadband Deployment Advisory Committee (Committee) will be held on April 25, 2018 at 9 a.m.  The Committee will hear reports and recommendations of its working groups on broadband deployment and discuss strategies for accelerating broadband deployment by reducing regulatory barriers to infrastructure investment.  

This week, the Congressional Research Service (CRS) released a report entitled Broadband Loan and Grant Programs in the USDA’s Rural Utilities Service.  The CRS report highlighted multiple programs within the Rural Utilities Service (RUS) at the Department of Agriculture that are dedicated to financing broadband deployment.  The Rural Broadband Access Loan and Loan Guarantee Program, the Community Connect Grant Program, and the Telecommunications Infrastructure Loan and Loan Guarantee Program provide financing for rural broadband deployment projects.  In addition, the Distance Learning and Telemedicine (DLT) grant program funds equipment and software (not broadband connectivity) in rural communities for telemedicine and distance learning operations.

The Fiscal Year 2018 Omnibus, signed into law by President Trump on March 23, 2018, provided $30 million to the Community Connect Grant Program, $29 million to the DLT program, and a total level of $690 million for the Telecommunications Infrastructure Loan and Loan Guarantee Program.  In addition, the bill includes $600 million in funding to RUS to create a pilot loan and grant program for new broadband deployment projects.

The RUS and other rural broadband programs provide strategic financing for broadband projects in rural areas where private investors are otherwise unlikely to turn a profit due to low-population density.

KEEPING UP

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

Frank Muller, 61, of Woodland, has been appointed to the California State Board of Food and Agriculture. Muller has been president at Muller Ranch LLC since 2017, where he has been a farmer since 1979. This position does not require Senate confirmation and there is no compensation. Muller is a Democrat.

Donald Bransford, 70, of Colusa, has been reappointed to the California State Board of Food and Agriculture, where he has served since 2006. Bransford has been owner and president at Bransford Farms since 1980. He is president of the Glenn-Colusa Irrigation District and chair of the University of California President’s Advisory Commission on Agriculture and Natural Resources. Bransford earned a Doctor of Education degree in exercise physiology from the University of Tennessee, Knoxville and a Master of Arts degree in exercise physiology from Sonoma State University. This position does not require Senate confirmation and there is no compensation. Bransford is registered without party preference.

Vicky Banaga, 60, of Le Grand, has been reappointed to the 35th District Agricultural Association, Merced County Fair Board of Directors, where she has served since 2015. Banaga has been chief business official at the Le Grand Union Elementary School District since 1977. She is a member of the Le Grand Beautification Committee. This position does not require Senate confirmation and there is no compensation. Banaga is a Democrat.

Kimber Rogina, 57, of Merced, has been reappointed to the 35th District Agricultural Association, Merced County Fair Board of Directors, where she has served since 2015. Rogina has been a real estate agent at Century 21 Salvadori Realty since 2008 and co-owner at Rogina Inc. since 1985. She is a member of California Women for Agriculture and the Merced County Farm Bureau. Rogina is a California Agricultural Leadership Program alumnus. This position does not require Senate confirmation and there is no compensation. Rogina is a Republican.

Andrew Stresser, 41, of Yuba City, has been appointed to the 13^th District Agricultural Association, Yuba-Sutter Fair Board of Directors. Stresser has been general manager for Levee District No. 1 of Sutter County since 2015. He was a general manager at Reclamation District No. 1001 from 2012 to 2015. Stresser is a member of the Oroville Dam Coalition Committee and the Early Risers Kiwanis Club of Yuba City. This position does not require Senate confirmation and there is no compensation. Stresser is a Republican.

BULLETIN BOARD

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

CalPERS Releases Report Entitled “A Solid Foundation for the Future”

The report highlights key decisions and actions CalPERS has recently taken to ensure the long-term sustainability of the pension fund. It also outlines the financial health of the Fund, including investment returns, improved funded status, and cost savings.

Click here

Border Coast Regional Airport Authority (Del Norte County) Seeks Airport Director 

Click here

CDFA accepting applications for the Healthy Soils Program (HSP) Incentives Program

Click here

DWR to host Sustainable Groundwater Management Act (SGMA) Workshops

Click here

CWC Announces Additional Public Meetings with Applicants for Water Storage Funding

Click here

USDA Seeks Applications for Rural Energy for America Program

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.  

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 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 1667 (Friedman): Agricultural Water Management. Assembly Bill 1667 would make permanent agricultural water conservation criteria established as part of the Governor’s response to the drought. Status: AB 1667 awaits consideration in the Senate Natural Resources and Water Committee. RCRC Status: 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 1800 (Levine): Fire Insurance. Assembly Bill 1800 relates to existing law which prohibits a fire insurance policy from limiting or denying payment of the replacement cost of property in the event the insured decides to rebuild or replace the property at a location other than the insured premises. Qualifies that prohibition by making it applicable in addition to any extended replacement cost coverage purchased by the insured and in addition to any increase in policy limits. Status: AB 1800 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 1919 (Wood): Price Gouging: State of Emergency. Assembly Bill 1919 would make it a misdemeanor, upon proclamation or declaration of an emergency to increase the monthly rental price advertised, offered or charged for residential housing to an existing or prospective tenant by more than a specified percentage or greater than the rental price advertised, offered, or charged within 30 days immediately prior to the date of the proclamation or disaster. Status: AB 1919 awaits consideration in the Assembly Public Safety Committee.  RCRC Position: Support

Assembly Bill 1954 (Patterson): Timber Harvest Plans: Exemption: Flammable Materials. Assembly Bill 1954 would delete the inoperative date of an exemption from some or all provisions of the Forest Practices Act of 1973 concerning a person engaged in defensible pace activities. Status: AB 1954 awaits consideration in the Assembly Natural Resources 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 awaits consideration in the Assembly Environmental Safety and Toxic Materials Committee.  RCRC Position: Pending

Assembly Bill 2166 (Caballero): California Farm Bill: agricultural technology. Assembly Bill 2166 would require the Department of Food and Agriculture to create a user-friendly navigational link on its Internet Web site that provides farmers and other members of the agricultural industry comprehensive information about regulatory requirements of, and guidance to, operating and managing a farm. Status:  AB 2166 awaits consideration in the Assembly Agriculture Committee. RCRC Status:  Watch

Assembly Bill 2348 (Aguiar-Curry): Winter-Flooded Rice: Incentives. Assembly Bill 2348 would declare the intent of the Legislature to enact subsequent legislation that would provide an incentive to farmers to maintain winter-flooded rice. Status:  AB 2348 awaits consideration in the Assembly Water, Parks and Wildlife Committee. RCRC Position: Support

Assembly Bill 2501 (Chu): Drinking Water: Consolidation and Extension of Service.  AB 2501 would redefine small public water system for purposes of the California Safe Drinking Water Act as a system with 200 connections or less. Authorizes the State Water Resources Control Board to order consolidation with a receiving water system where a disadvantaged community is reliant on a state small water system, an individual well, or an unregulated water system serving fewer than five connections. Status: AB 2501 awaits consideration in the Assembly Environmental Safety and Toxic Materials Committee. RCRC Position: Pending

Assembly Bill 2518 (Aguiar-Curry): Innovative Forest Products and Mass Timber. Assembly Bill 2518 would require the Department of Forestry and Fire Protection, in collaboration with the State Board of Forestry and Fire Protection, to explore markets, including export markets, for milling, development, and expansion of innovative forest products and mass timber, that require consistence with the state's climate objectives on forest lands. Status: AB 2518 awaits consideration in the Assembly Natural Resources Committee. RCRC Position: Support

Assembly Bill 2594 (Friedman): Fire Insurance. Assembly Bill 2594 would revise the standard forms of policy and extend the period in which to bring suit to 24 months after the inception of the loss if the loss is related to a state of emergency, as specified. Status: AB 2594 awaits consideration in the Assembly Insurance Committee. RCRC Position: Support

Assembly Bill 2645 (Patterson): Greenhouse Gas Reduction Fund: Forestry and Fire. Assembly Bill 2645 would appropriate a specified amount from the Greenhouse Gas Reduction Fund annually to the Department of Forestry and Fire Protection for purposes of fire prevention activities that reduce greenhouse gas emissions. Status: AB 2645 awaits consideration in the Assembly Natural Resources Committee. RCRC Position: Support

Assembly Bill 2649 (Arambula): Groundwater Recharge. AB 2649 would state the intent of the Legislature to enact legislation to increase groundwater recharge. Status: AB 2649 awaits consideration in the Assembly Water, Parks and Wildlife Committee. RCRC Position: Pending

Assembly Bill 2672 (Patterson): California Global Warming Solutions Act. Assembly Bill 2672 would require the State Board in consultation with the Department of Forestry and Fire Protection to annually submit a specified report to the legislature that includes among other things, an estimate of the annual emissions of greenhouse gases associated with wildfires in the state that have burned 10000 acres or more and a direct comparison of that estimate to the emissions of greenhouse gases offset by the state board's applicable regulatory programs. Status:  AB 2672 awaits consideration in the Assembly Natural Resources Committee.  RCRC Position: Support

Assembly Bill 2717 (Lackey): Cannabis: Local Control: City Responsibility for County. Assembly Bill 2717 would require a city to assume from the county complete responsibility for any regulatory function relating to licensees located within the jurisdictional boundaries of the city. Status:  AB 2717 awaits consideration in the Assembly Business and Professions Committee. RCRC Position: Support/Sponsor

Assembly Bill 2727 (Flora): Personal Income Taxes: Volunteer Firefighters. Assembly Bill 2727 would authorize a tax credit for costs incurred by a qualified firefighter during the taxable year for firefighter expenses. Status: AB 2727 awaits consideration in the Assembly Revenue and Taxation Committee. RCRC Position: Support/Sponsor

Assembly Bill 2842 (Bigelow): Wood Products. Assembly Bill 2842 would require the Governor's Office of Business and Economic Development to work with state academic institutions and certification organizations to perform additional product testing that accelerates the development, use, or commercialization of new wood products, as provided. Requires the commission to work with local planning offices, developers, and architects to consider the feasibility of expanding the use of wood and mass timber in California buildings. Status: AB 2842 awaits consideration in the Assembly Natural Resources Committee. RCRC Position: Support

Assembly Bill 2966 (Aguiar-Curry): Disaster Relief. Assembly Bill 2966 would provide that the state share for the removal of dead and dying trees in connection with the Governor’s proclamation of a state emergency issued on a specific date is no more than 90 percent of total state eligible costs. Status: AB 2966 awaits consideration in the Assembly Governmental Organization Committee. RCRC Position: Support

Assembly Bill 2975 (Friedman): Wild Scenic Rivers. Assembly Bill 2975 would take action to remove or delist any river or segment of a river in California that is included in the national wild and scenic rivers system and not in the state wild and scenic rivers system, requires the Secretary of the Natural Resources Agency, after holding a public hearing on the issue, to take any necessary action to add the river or segment of a river to the state wild and scenic rivers system and to classify that river or segment of a river. Status: AB 2975 awaits consideration in the Assembly Natural Resources Committee. RCRC Position: Pending

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 Committee.  RCRC Position: Support

Senate Bill 833 (McGuire): Emergency Alerts: Evacuation Orders: Operators. Senate Bill 833 would provide for a red alert system designed to issue and coordinate alerts following an evacuation order. Requires the red alert system to incorporate a variety of notification resources and developing technologies that may be tailored to the circumstances and geography of the underlying evacuation, as appropriate. Status: SB 833 awaits consideration in the Senate Governmental Organization Committee. RCRC Position: Support

Senate Bill 894 (Dodd): Property Insurance. Senate Bill 894 would require an insurer, in the case of a total loss to the primary insured structure under a policy of residential property insurance, to offer to renew the policy. Increases the minimum coverage for additional living expenses in the case of a loss related to a declared state of emergency. Requires an insurer who decides not to offer to renew a policy after the expiration of that period to report the decision to not offer to renew the policy to the Insurance Commissioner. Status: SB 894 awaits consideration in the Senate Insurance Committee. RCRC Position: Support

Senate Bill 897 (McGuire): Residential Property Insurance: Wildfires. Senate Bill 897 would specify that additional living expense coverage under a residential insurance policy shall include all reasonable expenses incurred by the insured in order to maintain a comparable standard of living and would provide a list of expenses that shall be covered. Authorizes an insured to collect, in lieu of additional living expenses, the fair rental value of the dwelling that has suffered a loss. Status: SB 897 awaits consideration in the Senate Insurance Committee. RCRC Position: Support

Senate Bill 917 (Jackson): Insurance Policies. Senate Bill 917 would provide that insurance policies that do not cover the peril of landslide shall not exclude coverage for any loss or damage attributable to a landslide if the landslide resulting in loss or damage was proximately caused by another covered peril, as provided.  Status: SB 917 awaits consideration in the Senate Insurance Committee. RCRC Position: Support

Senate Bill 919 (Dodd): Water Resources: Stream Gages. Senate Bill 919 would require the Department of Water Resources to develop a plan to deploy a network of stream gages that includes a determination of funding needs and opportunities for reactivating existing gages. Requires the Department to prioritize the deployment of stream gages based upon gaps in the existing system of gages and specified considerations. Status: SB 919 awaits action in the Senate Appropriations Committee.  RCRC Position: Support

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 its system web site and be provided annually to customers in writing. Status: Senate Bill 998 awaits consideration in the Senate Energy, Utilities, and Communications Committee. RCRC Position: Concerns

Senate Bill 1079 (Monning): Forest Resources: Fire Prevention Grant Fees. Senate Bill 1079 would relate to existing laws authorizing the Director of Forestry and Fire Protection to provide grants to entities, including, but not limited to, private or nongovernmental entities, Native American tribes, or local, state, and federal public agencies, for the implementation and administration of projects and programs to improve forest health and reduce greenhouse gas emissions. Authorizes the Director to authorize advance payments to a nonprofit organization, a special district, or a Native American tribe. Status: SB 1079 awaits consideration in the Senate Natural Resources and Water Committee. RCRC Position: Support If Amended

Senate Bill 1215 (Hertzberg): Drinking Water Systems and Sewer Systems: Consolidation. Senate Bill 1215 would authorize the State Water Resources Control Board to set timeline and performance measures to facilitate completion of extension of service of drinking water under the Safe Drinking Water Act. Authorizes ordered consolidation with a receiving sewer system for, or extension of sewer service to, a disadvantaged community under specified circumstances. Status: SB 1215 awaits consideration in the Senate Environmental Quality Committee. RCRC Position: Watch

Senate Bill 1277 (Hueso): Salton Sea: Governance. Senate Bill 1277 would state the intent of the Legislature to enact legislation that would create a governance and administrative structure to manage the day-to-day implementation of the Salton Sea Management Program. Status: SB 1277 awaits consideration in the Senate Rules Committee. RCRC Position: Watch