The Barbed Wire - June 1, 2018

Laptops Donated to Glenn County Foster Youth

This week, representatives from the Rural County Representatives of California (RCRC), National Homebuyers Fund, Inc. (NHF), and iFoster provided an update to the Glenn County Board of Supervisors on the distribution of 18 gifted laptops to local foster youth and former foster youth aged 16-21 in Glenn 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 RCRC’s 35-member counties.  Read More…

PG&E Found Responsible for Three 2017 NorCal Wildfires

On May 25, the California Department of Forestry and Fire Protection (CAL FIRE) released its first investigative report on four of the destructive October 2017 Northern California wildfires, finding Pacific Gas & Electric (PG&E) negligent in three of the four blazes.  Combined, the McCourtney, Lobo, and Honey Fires burned nearly 1,000 acres and destroyed 60 structures in Butte and Nevada Counties, and were among more than 170 fires that are being investigated by the agency as part of the October devastation. 

The utility was cleared of a fourth fire, the La Porte Fire, which began in Butte County and burned 8,417 acres while destroying 74 buildings.  CAL FIRE’s investigation found evidence that PG&E violated state law that sets specific clearance distances for vegetation around electrical lines.  This is the third time in recent history that poorly maintained clearance around utility lines was found responsible for major wildfires, adding to the 2015 Butte Fire and the 2007 San Diego County fires.  Coincidentally, the release by CAL FIRE comes at a time when utilities are ramping up efforts in the State Legislature to reduce their property damage liability when such fires occur. 

Detailed information on the completed investigations can be accessed here.

RCRC-Sponsored Legislation Fails to Move Forward

We are sorry to report that RCRC’s sponsored bill, Assembly Bill 2727 by Assembly Member Heath Flora (R–Stanislaus), was held in the Assembly Appropriations Committee last Friday, and thus considered dead.  AB 2727 proposed to provide a tax credit to qualified firefighters for 80 percent of qualified expenses incurred during the taxable year, up to $1,500. 

Volunteer firefighters often spend monies out of their own pocket for safety equipment and training they are required to have.  Due to the costs associated with required firefighter training and fire equipment needs, it is becoming more difficult for these volunteers to continue their service and to recruit new volunteer firefighters to provide an adequate level-of-service in rural fire departments.  AB 2727 was a recognition that those individuals that put their lives on the line to protect the lives and property within their communities deserve to have their self-paid expenses mitigated. 

RCRC thanks Supervisor Les Baugh of Shasta County for his admirable testimony in the Assembly Revenue and Taxation Committee, and all the counties that submitted letters of support.  

Rural Broadband

On Wednesday, Federal Communications Commission (FCC) Chairman Ajit Pai announced that he will grant a 90-day filing extension for rural communities and companies to dispute the FCC’s mobile broadband coverage map.  The FCC is using data from the coverage map to allocate $4.53 billion in federal funds, over the next ten years, for rural broadband deployment through the Mobility Fund Phase II (MF-II) program.  

The filing deadline was scheduled for August 27, 2018, but under Pai’s extension, rural communities and broadband providers have until November 2018 to file complaints with the FCC regarding their mapping data.

Congress is concerned the FCC’s coverage map has inaccuracies.  Pai’s ruling was a direct response to a letter from a bipartisan coalition of Senators led by Roger Wicker (R-Mississippi).  Wicker’s letter expressed concerns that the FCC’s map “misrepresents the existence of 4G LTE services in many areas.”  The letter also urged the FCC to accurately identify rural areas without broadband before the MF-II funds are distributed to ensure the program shrinks the digital divide.

Industry stakeholder groups welcomed Chairman Pai’s decision to extend the filing deadline by 90 days.  The Rural Wireless Association (RWA) released a statement applauding the Chairman for his decision to grant rural carriers more time to challenge the FCC’s claimed coverage in rural areas.  “This extra time will help RWA members and other prospective challengers be better able to undertake the work necessary to mount successful challenges, which will, in turn, yield a more accurate 4G LTE coverage map and help to target USF support in rural areas where it is badly needed,” said RWA in a statement.

Fiscal 2019 Budget

When Congress returns from recess next week, the House will consider three noncontroversial spending measures as a “minibus,” a bundle of two or three individual spending bills.  The House Rules Committee is scheduled to meet on Tuesday and Wednesday to consider HR 5895, a minibus spending bill combining the Energy-Water, Legislative Branch, and Military Construction-VA appropriations measures.    

House Speaker Paul Ryan (R-Wisconsin) is coordinating with Senate Majority Leader Mitch McConnell (R-Kentucky) to execute an appropriations process for Fiscal 2019 that avoids another massive Omnibus spending package.  Last year, Speaker Ryan had to talk President Trump out of vetoing the 2018 Omnibus package when it didn’t include funding for a border wall.  Trump reluctantly signed the bill to avoid another shutdown but promised he would “NEVER sign another bill like this again” on Twitter.  Speaker Ryan and Majority Leader McConnell plan to send the President multiple minibus spending bundles to avoid a presidential veto.

Next week the Senate Appropriations Committee will follow Chairman Richard Shelby’s (R-Alabama) Fiscal 2019 appropriations calendar and consider the Transportation-Housing and Urban Development (HUD), and Military Construction-Veterans Affairs spending measures.  The Transportation-HUD bill is an opportunity for Congress to increase investment in infrastructure while President Trump’s infrastructure package continues to stall.

The Rural Rundown Podcast: Episode #5 – California’s June 2018 Primary Election

In this episode of The Rural Rundown, Justin Caporusso, RCRC's Vice President of External Affairs, is joined by Paul A. Smith, RCRC's Vice President of Governmental Affairs, to discuss California's upcoming midterm primary election on June 5, 2018, and potential impacts to the rural areas of our state.  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. 

BULLETIN BOARD

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

Imperial County Employees’ Retirement System Issues RFP for Board of Retirement Counsel

Click here

Request for Applications: Statewide Coordinating Center for Rural Communities

Click here

Request for Applications: Regional Rural Initiative to Reduce Tobacco-Related Disparities

Click here

CWC Schedules June Public Meetings with Applicants for Water Storage Funding

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 986 (Gallagher): Hunting and Sport Fishing Licenses.  Assembly Bill 986 would revise the duration of sport fishing licenses, and provide Veterans with a reduced-fee sport fishing license.  Status: AB 986 awaits consideration in the Senate Natural Resources and Water Committee.  RCRC Position: Support

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 Senate 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 action in the Senate. RCRC Position: Support

Assembly Bill 1886 (Carrillo): Payment of Expenses.  Assembly Bill 1886 would require the State to pay for the cost of special elections - proclaimed by the Governor - to fill a vacancy in the office of a member of the State Assembly, State Senate, or the U.S. Congress that has occurred after January 1, 2017. Status: Held in the Assembly Appropriations 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 action in the Senate.  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 specified forest management activities. Status: AB 1954 awaits consideration in the Senate Natural Resources and Water 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 action in the Senate.  RCRC Position: Support

Assembly Bill 2069 (Bonta): Medical Cannabis: Employment Discrimination. Assembly Bill 2069 would provide worker protections to patients using medical cannabis outside of the workplace and not during work hours. Exempts employers whose workers are in safety sensitive positions subject to federal drug testing mandates. Status: Held in the Assembly Appropriations Committee. RCRC Position: Oppose

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:  Held in the Assembly Appropriations 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 action in the Senate. RCRC Position: Support

Assembly Bill 2411 (McCarty): State Agency Buy Recycled Campaign: Compost. Assembly Bill 2411 would declare the intent of the Legislature that the state pursues all feasible measures to improve markets for recycled products. Requires each state agency to ensure that, on and after a specified date, at least a specified percentage of reportable purchases of soil or similar products are compost, as described. Status: AB 2411 awaits consideration in the Senate Environmental Quality Committee. RCRC Status: Support

Assembly Bill 2447 (Reyes): California Environmental Quality Act: Land Use. Assembly Bill 2447 would require the Office of Environmental Health Hazard Assessment to publish a list of subject land uses and a map that identifies disadvantaged communities and areas within 1/2 mile radius of the disadvantaged communities. Requires a lead agency to provide certain notices to owners and occupants of property located within one-half mile of any parcel or parcels, and to any schools located within one mile of any parcel or parcels, involving a subject land use. Status: AB 2447 awaits action in the Senate. RCRC Position: Oppose

Assembly Bill 2493 (Bloom): Beverage Containers: Convenience Zones and Handling Fee. Assembly Bill 2493 would amend the Beverage Container Recycling and Litter Reduction Act. Requires the Department of Resources Recycling and Recovery to redefine convenience zone. Provides that recycling centers that received a handling fee immediately before the adoption of such regulations would remain eligible to receive handling fee payments, under certain conditions. Status AB 2493 awaits action in the Assembly. RCRC Position: Pending

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 action in the Senate. 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 action in the Senate. 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 Senate Insurance 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 action in the Senate. RCRC Position: Support

Assembly Bill 2670 (Kiley): Fish and Wildlife: Community Conservation Act. Assembly Bill 2670 would express the intent of the Legislature to enact legislation that would amend the Fish and Game Code relating to natural community conservation planning. Status:  Held in the Assembly Appropriations Committee. RCRC Position: Watch

Assembly Bill 2727 (Flora): Personal Income Taxes: Volunteer Firefighters. Assembly Bill 2727 would authorize a tax credit for costs incurred by volunteer firefighters during the taxable year for expenses incurred for training and equipment. Status: Held in the Assembly Appropriations Committee. RCRC Position: Support/Sponsor

Assembly Bill 2805 (Bigelow): Wild Pig Validation. Assembly Bill 2805 would revise and recast the provisions applicable to wild pigs by, among other things, specifying that the wild pig is not a game mammal or non-game mammal. Expands the definition of wild pig to include feral pigs, European wild boars, and any pig that has 2 or more specified phenotypical characteristics and that does not have a permanent mark or visible tag, as specified. Replaces the wild pig tag requirement with a wild pig validation. Status: AB 2805 awaits action in the Senate. RCRC Position:  Pending

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 action in the Senate. RCRC Position: Pending

Assembly Bill 3036 (Cooley): Solid Waste: Definition. Assembly Bill 3036 would exclude from the State Integrated Waste Management Act's definition of solid waste byproducts from processing food, if those byproducts meet certain conditions, including, among others, that the byproducts are intended for use as animal feed. Status: AB 3036 awaits consideration in the Senate Environmental Quality Committee. RCRC Position: Pending

Assembly Bill 3178 (Rubio): Integrated Waste Management Plans: Source Reduction. Assembly Bill 3178 would require the Department of Resources Recycling and Recovery to consider whether the absence or loss of a market for recyclable materials necessitated the disposal of those materials as a temporary measure to avoid a public health threat when evaluating a jurisdiction’s compliance with AB 939 diversion goals. Status: AB 3178 awaits action in the Senate. RCRC Position: Support

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 action in the Assembly.  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 action in the Assembly. 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 action in the Senate. 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 Assembly 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 Assembly.  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 action in the Assembly. RCRC Position: Support

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 Assembly Natural Resources Committee. RCRC Position: Support

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 action in the Assembly. RCRC Position: Pending/Concerns

Senate Bill 1260 (Jackson): Fire Prevention and Protection: Prescribed Burns. Senate Bill 1260 would require a local agency to transmit a copy of their adopted ordinance to the State Board of Forestry and Fire Protection within a certain number of days of adoption. Requires a local agency to make a finding that ingress and egress for a subdivision meet regulations regarding road standards for fire equipment access, as provided. Gives the Department the option, if it elects not to purchase insurance, to determine proportionate share of liability, as provided. Status: SB 1260 awaits action in the Assembly. RCRC Position: Support

Senate Bill 1302 (Lara): Cannabis: Local Jurisdiction: Prohibitions on Delivery. Senate Bill 1302 would prohibit a local jurisdiction from adopting or enforcement any ordinance that would prohibit a licensee from delivering cannabis within or outside of the jurisdictional boundaries of that local jurisdiction. Status: SB 1302 awaits action in the Senate. RCRC Position: Oppose

Senate Concurrent Resolution 133 (Berryhill): Senator David E. Cogdill, Sr., Memorial Highway. Senate Concurrent Resolution 133 would designate a specified portion of State Highway Route 395 in the County of Mono as the Senator David E. Cogdill, Sr., Memorial Highway. Status: SCR 133 awaits action in the Senate. RCRC Position: Support

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.  

Possible Revision of Metallic Mine Backfill Regulations.  Pertaining to the performance standards for backfilling lands disturbed by open pit surface mining operation for metallic minerals.  Agency: State Mining and Geology Board Status: A second notice of Pre-Rulemaking was released April 14^th, 2018.  A workshop is scheduled for June 13^th in Sacramento.  Additional information and draft regulations can be accessed here.  RCRC Comments: Staff is seeking input from member counties.  RCRC Advocate: Mary Pitto mpitto@rcrcnet.org

Innovative Clean Transit (ICT) Regulation.  Proposed regulation to transition to a long-term attainment of a zero-emission transit fleet in California by 2040.  Agency: California Air Resources Board (ARB) Status:   ARB is proposing changes to the informal ICT Discussion Document.  A workshop is scheduled for June 13^th in Sacramento.  Additional information can be accessed here (https://arb.ca.gov/msprog/ict/meeting.htm).  RCRC Comments: Staff is seeking input from member counties.  RCRC Advocate: Mary Pitto mpitto@rcrcnet.org