The Barbed Wire - February 15, 2019

RCRC Joins California Forestry Association, Legislators, and CAFWA Partners on Camp Fire Tour

On Thursday, Justin Caporusso, RCRC Vice President of External Affairs and Chair of the California Forest Watershed Alliance (CAFWA), joined the California Forestry Association (Calforests), State Legislators, and CAFWA partners on a tour of the Camp Fire in Butte County.  The tour included participation in a press conference with Governor Gavin Newsom at Pine Ridge Elementary School in Magalia where the Governor discussed recently-signed legislation authorizing additional financial support for counties devastated by wildfires. 

The legislative package, Assembly Bills 72 and 73, appropriate $131 million for emergency preparedness and disaster relief, including a $31.3 million three-year commitment to offset and backfill 100 percent of the property tax losses for seven counties, including Butte.

Organized by Calforests, Senator Jim Nielsen (R-Tehama) and Assemblymember James Gallagher (R-Yuba City) hosted numerous colleagues on the tour, including Assemblymember Autumn Burke (D-Inglewood), Assemblymember Chris Holden (D-Pasadena), Assemblymember Wendy Carrillo (D-Los Angeles), Assemblymember Vince Fong (R-Bakersfield), and Assemblymember Jim Cooper (D-Elk Grove).  Assemblymember Brian Dahle (R-Bieber) also joined the Governor’s press conference. 

The tour included presentations from the California Department of Forestry and Fire Protection, the Butte County Fire Safe Council, the Sierra Nevada Conservancy, the California Professional Firefighters, Sierra Pacific Industries, Paradise Council Members Michael Zuccolillo and Steve Crowder, and Chico City Manager Mark Orme.

Governor Signs Budget Bill Addressing Wildfire and Drinking Water

On Wednesday, Governor Gavin Newsom signed Assembly Bill 72 by the Assembly Budget Committee, which makes a number of immediate state budget increases relating to wildfire, drinking water, and other urgent statewide needs.  

One of the key provisions within AB 72 provides three years of property tax backfill relief for local agencies in Butte and Lake Counties due to the severity of recent wildfire damage.  AB 72 also provides current year funding for the emergency preparedness public awareness campaign to prepare for future emergency events.  Finally, of importance to RCRC, AB 72 provides $10 million to address urgent drinking water needs. 

It should be noted that while RCRC supports AB 72, RCRC requested a number of amendments.  These included: 1) adding Mendocino, Napa, and Sonoma Counties as areas to receive additional years of property tax backfill; 2) amending the language to specifically define “disadvantaged communities” as those with a median household income less than 80 percent of the statewide average; and, 3) amending the language to ensure that non-profits are assisting disadvantaged communities.  RCRC’s requested amendments were not included in the legislation that was sent to the Governor.

RCRC’s support letter can be accessed here.  Staci Heaton, RCRC Regulatory Affairs Advocate, can be reached at (916) 447-4806 or sheaton@rcrcnet.org.

Newsom Issues General Order for the National Guard

On Monday, Governor Gavin Newsom signed a General Order rescinding previous authorization for California National Guard operations at the U.S. – Mexico border that allowed California National Guard personnel to perform duties traditionally undertaken by the federal government.  At the time of the Order, approximately 360 members of the California National Guard were deployed at the border at the request of the White House to provide support for the federal government in border operations. 

Last week, President Trump announced he will be deploying 3,750 U.S. military personnel to the U.S. – Mexico border.  Governor Newsom’s General Order cites this development as the primary reason for California to reprioritize its National Guard deployment.

Governor Newsom’s General Order redeploys personnel to focus on other threats facing the state by:

• Authorizing 110 personnel to prepare for the upcoming fire season by supporting CAL FIRE in fire prevention and fire suppression efforts;
• Authorizing the expansion of the California National Guard’s statewide Counterdrug Task Force by at least 150 personnel; and,
• Authorizing 100 personnel to conduct counter narcotics search and seizure operations targeting transnational criminal organization around ports of entry.

Of concern to RCRC is the deployment of National Guard personnel to address illegal cannabis production and other illicit narcotics.  The Governor’s office indicates that much of the National Guard’s efforts in this aspect of the draw down will occur on the state’s public lands.

According to the Governor’s office, the National Guard will begin making preparations to carry out the order immediately and have the draw down in effect by March 31, 2019.

Legislature Hears Impacts of Wildfire on State’s Watersheds

The Assembly Budget Subcommittee on Natural Resources and Transportation and the Assembly Natural Resources Committee held a joint informational hearing on Wednesday on wildfire impacts on watershed lands.  The hearing was another piece of the Legislature’s ongoing examination of wildfire, forest health, and how they impact California’s residents statewide as they move further into the 2019 Legislative session. 

The hearing featured testimony by various state and federal agencies and stakeholders, including the California Department of Forestry and Fire Protection (CAL FIRE), the USDA Forest Service, the Sierra Nevada Conservancy, and the Legislative Analyst’s Office (LAO). The LAO presented a briefing paper to the committees with their recommendations on how to improve California’s forested watershed management, including suggestions to move forest health grant management from CAL FIRE to the California Natural Resources Agency, and increasing funding to CAL FIRE for air curtain burners to help dispose of woody biomass to expedite forest restoration projects.

The hearing can be streamed here.

RCRC Files Friend-of-the-Court Brief Supporting Trinity County

RCRC, joined by the League of California Cities, has filed a friend-of-the-court brief with the California Supreme Court supporting Trinity County in the case of Gund v. County of Trinity.  This case concerns liability for injuries sustained by civilians who assist law enforcement, and the circumstances under which those injuries are covered under workers' compensation.  

The issue is of special interest to rural counties, as the large geographic areas and scarce law enforcement resources increase the opportunities for civilian assistance in law enforcement.

RCRC’s brief argues that civilians injured while assisting law enforcement officers in responding to 911 calls should receive compensation guaranteed through the workers’ compensation system, rather than suing the law enforcement agency in civil court, regardless of the circumstances surrounding the incident.  This is important both to protect counties and cities from substantial liability exposure, but also to ensure that injured civilians are certain to receive workers’ compensation benefits regardless of the nature of the assistance provided to law enforcement.  The friend-of-the-court brief can be accessed here.

Cannabis Banking Update

This week, the House Financial Services Subcommittee on Consumer Protection and Financial Institutions held a hearing entitled “Challenges and Solutions: Access to Banking Services for Cannabis-Related Businesses.”  The hearing examined the Secure and Fair Enforcement Banking Act of 2019 (SAFE Banking Act), introduced by Representatives Ed Perlmutter (D-Colorado) and Denny Heck (D-Washington).  

Cannabis remains illegal under the federal Controlled Substances Act, despite decriminalization and legalization in some form in at least 47 states and the District of Columbia.  Due to the federal statute, financial institutions turn away legitimate marijuana businesses to avoid the risk of federal prosecution and the loss of assets within a financial institution.  The legislation would lift the federal prohibition on cannabis-related businesses for the financial services industry.  

The SAFE Act is a long sought after priority for Representatives Perlmutter, Heck, and states where medical and adult uses of marijuana have been legalized. The Subcommittee examined a draft version of the bill but the final legislation is expected to be formally submitted by the end of February.

Last Congress, the bill was endorsed by the Independent Community Bankers of America, the Credit Union National Associations and 19 State Attorneys General. The bill has enough support from Democrats to clear the House but its passage would be uncertain in the Senate.

The issue is a legislative priority for rural California, and will be one of the topics that RCRC’s senior leadership will address when visiting the nation’s Capital later this month.  RCRC issued a letter of support to the sponsors of the SAFE Banking Act on behalf of its member counties.

Federal Forest Management Update

The Office of the Secretary of the Interior issued an order this week to accelerate timber cuts and other forest management activities.  The order sets out a timeline for the Interior Department to “identify and remove” environmental regulatory hurdles for forest management projects and initiate new measures to reduce wildfire risks. 

The new initiative is intended to increase active management of federal forests to the greatest extent possible under Interior’s existing authority.  The order is a direct response to an Executive Order issued by President Trump on December 21, 2018, directing federal agencies to promote forest resiliency to protect at-risk communities. The order was signed on January 2, 2019, but was only just now posted to the Department’s website, possibly due to the government shutdown.

Bill of the Week: Assembly Bill 343 (Patterson) – Fuels Transportation Program

RCRC has lent its support to Assembly Bill 343, authored by Assembly Member Jim Patterson (R-Fresno).  AB 343 would require the California Natural Resources Agency (CNRA) to develop and implement a fuels transportation program that provides competitive grants or other financial incentives for projects in eligible communities to offset the costs of transporting fuels to a biomass energy facility. 

AB 343 would also authorize CNRA to allocate funds from the Greenhouse Gas Reduction Fund (GGRF).  Currently, AB 343 awaits action in the Assembly Natural Resources Committee.  RCRC’s letter can be accessed here.  For more information, Staci Heaton, RCRC Regulatory Affairs Advocate, can be reached at (916) 447-4806 or sheaton@rcrcnet.org.

The Rural Rundown Podcast: RCRC’s 2019 Legislative and Regulatory Priorities

In this episode of The Rural Rundown, RCRC's Vice President of External Affairs Justin Caporusso sits down with RCRC’s Vice President of Governmental Affairs Paul A. Smith to discuss the legislative and regulatory priorities of RCRC’s governmental affairs team for the 2019 session.  Read More…

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. 

KEEPING UP

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

Lenny Mendonca, 57, of Half Moon Bay, has been appointed Chief Economic and Business Advisor and Director of the Governor's Office of Business and Economic Development (GO-Biz). Mendonca is co-owner of Half Moon Bay Brewing Co., and previously was co-chair at California Forward from 2012 to 2018. He was a partner at McKinsey & Co. from 1992 to 2014. Mendonca earned a Master of Business Administration degree from Stanford University. This position does not require Senate confirmation and he has declined a salary. Mendonca has also been appointed to the High-Speed Rail Authority. This position does not require Senate confirmation and the compensation is $100 per diem. Mendonca is a Democrat.

BULLETIN BOARD

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

Camp Fire Roadmap to Recovery Workshop

Click here

USDA Seeks Applications for the Community Connect Grant 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 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 72 (Assembly Budget Committee): Budget Act of 2018. Assembly Bill 72 amends the Budget Act of 2018 by amending and adding items of appropriation and making other changes. Status: AB 72 awaits the consideration of the Governor. 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 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

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 Natural Resources and Water 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 Natural Resources and Water Committee. RCRC Status: 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 Committees on Environmental Quality and Natural Resources and Water. RCRC Status: Pending.

Senate Bill 253 (Dodd): California Agricultural Conservation Program. Senate Bill 253 requires the Scientific Advisory Panel on Environmental Farming under the Secretary of Food and Agriculture, to assist government agencies to incorporate the conservation of natural resources and ecosystem services practices into agricultural programs. Requires the Department of Food and Agriculture with advice from the panel, to establish and administer the California Agricultural Conservation Program subject to an appropriation by the Legislature. Status:  SB 253 awaits consideration in the Senate. RCRC Position: Pending