The Barbed Wire - March 2, 2020

March 2, 2020
RCRC Officers and Board Members in Washington, D.C.
Proposition 64 Local Grant Program Opens for Eligible Counties and Cities
Legislature Discusses the Governor’s Proposal to Consolidate the Cannabis Regulatory Structure
Surface Transportation Update
Cannabis Banking Update
U.S. Forest Service Cuts
BULLETIN BOARD
LEGISLATIVE AND REGULATORY UPDATE

RCRC Officers and Board Members in Washington, D.C.

Pictured (l- r): Immediate Past Chair Matt Kingsley (Inyo); Supervisor Michael Kobseff (Siskiyou County); Chair Daron McDaniel (Merced); Western Interstate Region Delegate Kevin Cann (Mariposa); Chief of the U.S. Forest Service Vicki Christiansen; and, First Vice Chair Stacy Corless (Mono)

Last week, RCRC Chair Daron McDaniel (Merced), RCRC First Vice Chair Stacy Corless (Mono), and RCRC Immediate Past Chair Matt Kingsley (Inyo) joined RCRC Board Members and Western Interstate Region Delegates Kevin Cann (Mariposa) and Lee Adams (Sierra) and RCRC legislative staff for the National Association of Counties’ (NACo) 2020 Legislative Conference in Washington, D.C.  

The annual event brings more than 2,000 elected and appointed county officials from around the country to the nation’s capital to focus on federal policy issues that impact counties.  

Prior to the convening of the NACo Legislative Conference, RCRC’s senior leadership heard from a number of political analysts on the upcoming election contests that are occurring throughout the nation.  The RCRC delegation also held meetings with key personnel and staff, including the Chief of the U.S. Forest Service.

Proposition 64 Local Grant Program Opens for Eligible Counties and Cities

Provisions in Proposition 64 of 2016, which legalized adult-use of cannabis, set aside specified tax revenue from legal cannabis sales for local government grants to be distributed through a competitive process by the Board of State and Community Corrections (BSCC).  

At its recent meeting, the BSCC approved the Request for Proposal (RFP), which provides extensive details on the purpose of the grant as well as a timeline for the application process.  A few details to note:

  • Agencies eligible to apply for grants are counties and cities that have not banned either the retail sale of cannabis or cannabis products or banned cultivation – including most outdoor personal and commercial cultivation.
  •  $25 million is available over three years to communities that meet the strict eligibility requirements outlined in the RFP.
  • The statutorily established purpose of the grants is to help local governments “assist with law enforcement, fire protection, or other local programs addressing public health and safety” that are impacted by cannabis sales and cultivation. Additionally, the Governor stipulated in the 2019-20 State Budget that youth intervention be included in allowable activities; projects addressing public health, public safety, and environmental impacts also are eligible for funding.
  •  Applicant entities will compete against jurisdictions of similar size. Single applicants can seek up to $1 million, while collaborative applications are eligible for up to $2 million. 

Proposals are due to the BSCC on April 3, 2020.  Funding begins July 1, 2020 and ends June 30, 2023.  The BSCC will collect information from the field to help guide subsequent funding decisions for this ongoing revenue source.

For more details on the grant program, including BSCC staff contact information for this program can be accessed here.

Legislature Discusses the Governor’s Proposal to Consolidate the Cannabis Regulatory Structure

Last Tuesday, two California State Assembly committees held an informational hearing on the proposed consolidation of the cannabis regulatory structure and identifying elements of the illicit cannabis market. 

The Governor’s January Budget proposes to consolidate the state’s three licensing entities into a single newly created Department of Cannabis Control by July 2021. While many important details remain to be announced by the Governor, the legislative committee members conveyed general concerns with the illicit cannabis market undercutting the legal market, and they asked how legislative oversight of the newly created Department would be conducted as well as how it would improve enforcement efforts against the illicit market. Details of the Governor’s proposed plan are expected to be released this spring. 

 

Surface Transportation Update

At a Senate Banking Committee hearing Tuesday on surface transportation, Chairman Mike Crapo (R-Idaho) discussed the possible payment methods for the reauthorization of the FAST Act. 

As Congress explores options for offsetting the cost of a multi-year reauthorization, Crapo expressed to the Banking Committee that Fannie Mae and Freddie Mac guarantee, or 'G' fees, and Federal Reserve dividends and surplus funds should not be used as a piggybank to fund the program.

 

Cannabis Banking Update

The lead Republican sponsor of the Secure and Fair Enforcement (SAFE) Banking Act, Senator Cory Gardner (R-Colorado), said on Tuesday that lawmakers are “close to finding common ground” to advancing the reform measure.  

During a speech at the Credit Union National Association’s (CUNA), Gardner said that he, Senator Mike Crapo (R-Idaho) and Senator Jeff Merkley (D-Oregon) have “made great progress on the details of the SAFE Banking Act.” The bill has been held up in the Senate since Banking Committee Chairman Crapo recommended changes that industry stakeholders view as untenable.  Passage of the SAFE Banking Act remains a top federal priority of RCRC.

 

U.S. Forest Service Cuts

Last Tuesday during a review of the Trump Administration’s Fiscal Year 2021 budget request for the U.S. Forest Service, Senate Energy and Natural Resources Committee members raised concerns about proposed cuts to research and to programs that work with states and private forest owners.  

Chairwoman Lisa Murkowski (R-Alaska), expressed concern that the budget request would reduce state and private forest initiatives that lay the groundwork for reducing wildfire risks and promoting healthier woodlands. The Forest Service request would reduce funding for research and development areas by 25 percent, consolidate two research stations and eliminate several research programs, including those on fish and wildlife and recreation. This includes $5.3 billion for core programs and $2 billion from discretionary to address wildfires.

 

BULLETIN BOARD

Western Interstate Region Conference Coming to California

Join RCRC, Mariposa County, and the California State Association of Counties (CSAC) for the 2020 National Association of Counties’ (NACo) Western Interstate Region (WIR) Conference at Tenaya Lodge at Yosemite!  Mariposa County Supervisor Kevin Cann serves as WIR President, and is looking forward to hosting his colleagues from the 15 western states in Mariposa County.  Read More…

California Air Resources Board Hosts Upcoming Workshop on Small Off-Road Engines, Discusses Future Action

On March 25th in El Monte, the California Air Resources Board (CARB) will conduct a workshop to discuss an overview of data and methodologies that will ultimately inform future regulation changes to emission standards for Small Off-Road Engines (SORE), such as lawn and garden equipment and generators. CARB intends to transition SORE to zero emission equipment at a future date to meet air quality goals.

Click here.

 

LEGISLATIVE AND REGULATORY UPDATE

RCRC members are encouraged to share letters addressed to state and federal representatives and regulatory bodies with RCRC’s Government Affairs staff.  Click “Read More” to access information related to the current status of legislation and regulations impacting California’s rural counties.

Assembly Bill 19 (Waldron): Forestry and Fire Protection: Grant Program: Assembly Bill 19 Appropriates monies from the General Fund to the Department of Forestry and Fire Protection to be used to provide the local assistance grants for fire prevention activities. Requires the Department to prioritize projects that manage vegetation along streets and roads to prevent the ignition of wildfire and that need the funds for purposes of purchasing equipment necessary for the project. Status: AB 19 failed passage in the Assembly Appropriations Committee.  RCRC Status: Support

Assembly Bill 464 (Garcia): State Global Warming Solutions Act of 2006. Assembly Bill 464 Defines district under the State Global Warming Solutions Act to mean an air pollution control or an air quality management district. Specifies that the definition of contribution of natural sources under the Act includes contribution from catastrophic wildfires. Status: AB 464 has passed in the Assembly and awaits consideration from the Senate. RCRC Status: Support

Assembly Bill 1080 (Gonzalez)/Senate Bill 54 (Allen): Circular Economy and Plastic Pollution Reduction. Assembly Bill 1080/SB 54 requires the state to reduce the waste associated with single use packaging and products 75 percent by 2030, requires the state to set standards for what is considered recyclable and compostable, and promotes the development of in-state manufacturing that uses recycled materials. Status: AB 1080 and SB 54 awaits consideration in the Senate and Assembly; respectively (Inactive File). RCRC Status: Support

Assembly Bill 1509 (Mullin): Solid Waste: Lithium Ion Batteries: Assembly Bill 1509 establishes the Lithium Ion Battery Recycling Program in the Department of Resources Recycling and Recovery. It requires a covered entity to provide a list of covered products that it sells or offers for sale in the state to the department and the total number of each covered product it sold in the state during the prior year, and to update those lists annually. Status: AB 1509 awaits consideration in the Senate Environmental Quality Committee. RCRC Status: Support in Concept

Assembly Bill 1840 (Ting): Recycling: Reports: Assembly Bill 1840 requires the Department of Resources Recycling and Recovery to make recommendations to the Legislature on how to improve the California Beverage Container Recycling and Litter Reduction Act to increase recycling of beverage container materials within the state and increase consumer redemption convenience. Status: AB 1840 awaits consideration from the Assembly Natural Resources Committee. RCRC Status: Pending

Assembly Bill 1847 (Levine): Electrical Corporations: Public Administrator: Assembly Bill 1847 authorizes the Public Utilities Commission, if the commission adopts a decision that includes findings that an electrical corporation is not complying with state law or rules, regulations, or other directives from the commission, to appoint a public administrator to the electrical corporation up to 180 days. Vests the public administrator with oversight authority over the electrical corporation's activities that impact public safety. Status: AB 1847 awaits consideration from the Assembly Utilities and Energy Committee. RCRC Status: Watch

Assembly Bill 1907 (Santiago): California Environmental Quality Act: Shelters: Assembly Bill 1907 Exempts from environmental review under the California Environmental Quality Act certain activities approved by or carried out by a public agency in furtherance of providing emergency shelters, supportive housing, or affordable housing. Status: AB 1907 awaits consideration from the Assembly Natural Resources and Housing and Community Committee. RCRC Status: Support

Assembly Bill 1915 (Chu): Electrical Corporations: Deenergization Events: Assembly Bill 1915 requires the PUC to establish rules under which PSPS events can be undertaken and to do a post-event review of the duration and geographic range of an event.  If the utility failed to comply with the rules and customers incurred losses, the PUC shall order the utility to pay claims for losses. Status: AB 1915 awaits consideration by the Assembly Utilities and Energy Committee. RCRC Status: Support

Assembly Bill 1916 (Chu): Deenergization Events: Notification: Languages:  Assembly Bill 1916 requires utilities to provide PSPS notifications in various languages, to survey customers to determine language preference and determine medical needs that require accommodation during a PSPS event, and to mitigate PSPS impacts for customers who rely on medical equipment or who have a medical condition that puts them at greater risk during a PSPS event. Status: AB 1916 awaits consideration by the Assembly Utilities and Energy Committee. RCRC Status: Support

Assembly Bill 1936 (Rodriguez): Price Gouging: Public Safety Power Shutoffs: assembly Bill 1936 provides that the state’s anti-price gouging laws apply upon the announcement of a public safety power shutoff. Status: AB 1936 awaits consideration from the Assembly Public Safety Committee. RCRC Status: Pending

Assembly Bill 2033 (Wood): Deenergization: Spoilage Claims: Assembly Bill 2033 requires an electrical corporation that engages in a public safety power shutoff to compensate a customer for any qualified claim for spoilage of food or medication if the customer experienced an interruption in electrical service for greater than 8 hours and received less than 24 hours’ notice of the interruption. Status: AB 2033 awaits consideration in the Assembly Utilities and Energy Committee. RCRC Status: Support

Assembly Bill 2178 (Levine): Emergency Services: Assembly Bill 2178 adds deenergization events to the list of events for which a state or local emergency can be declared under the Emergency Services Act. Status: AB 2178 awaits consideration in the Assembly Governmental Organization Committee. RCRC Status: Pending

Assembly Bill 2323 (Friedman): California Environmental Quality Act: Exemption: Assembly Bill 2323 repeals a CEQA exemption for a residential development project that is undertaken to implement and is consistent with a specific plan for which an EIR has been certified. Status: AB 2323 has been recently introduced and awaits consideration in the Assembly. RCRC Status: Oppose

Assembly Bill 2612 (Maienschein): Greenhouse Gas Reduction Fund: Recycling: Appropriation Assembly Bill 2612 annually appropriates $200 million to fund in-state solid and organic waste recycling programs to reach the state’s environmental goals. Status: AB 2612 has been recently introduced and awaits committee assignment. RCRC Status: Support/Sponsor

Senate Bill 378 (Wiener): Electrical Corporations: Deenergization Events: Senate Bill 378 makes a number of changes to increase disclosure of electrical system infrastructure needs and to improve the implementation of PSPS events, evaluate their impacts, and compensate individuals and local governments for associated losses.  The bill also incentivizes well-constructed, surgical PSPS events that are no larger than necessary to avoid wildfire risk. Status: SB 378 has passed out from the Senate and awaits consideration from the Assembly. RCRC Status: Support

Senate Bill 431 (McGuire): Mobile Telephony Service Base Transceiver Station Tower:  Senate Bill 431 requires the commission, in consultation with the Office of Emergency Services, to develop and implement performance reliability standards, as specified, for all mobile telephony service base transceiver station towers, commonly known as "cell towers," located within a commission-designated Tier 2 or Tier 3 High Fire Threat District. Status: SB 431 awaits consideration in the Assembly Communications and Conveyance Committee. RCRC Status: Pending

Senate Bill 596 (Stern): In-home Supportive Services: Senate Bill 596 requires a county human services agency to inform each applicant for benefits under the IHSS program that the applicant may be eligible to receive that higher energy allowance and any advanced notifications that may be provided by a utility in an emergency. Status: SB 596 has passed out from the Senate and awaits consideration from the Assembly. RCRC Status: Support

Senate Bill 753 (Stern): Public Social Services: Emergency Notification: Senate Bill 753 permits elderly or disabled clients telephone numbers and e-mail addresses to be disclosed to the first responder and would specifically identify a public safety power shut-off as a public safety emergency. Status: SB 753 has passed out from the Senate and awaits consideration from the Assembly. RCRC Status: Support

Senate Bill 755 (Rubio): Insurance: Residential Property Insurance: Senate Bill 755 requires specified insurers who fail to renew or offer renewal of a policy of residential property insurance to make certain notifications to a policyholder regarding other options the policyholder may have, including information about the FAIR plan. Status: SB 755 passed in the Senate and awaits consideration from the Assembly. RCRC Status: Support

Senate Bill 799 (Dodd): Local Agency Services: Contracts: Napa & San Bernardino: Senate Bill 799 deletes the repeal date with regard to the pilot program under the Cortese Knox Hertzberg Local Government Reorganization Act in the Counties of Napa and San Bernardino. Status: SB 799 awaits consideration from the Senate Governance and Finance Committee.  RCRC Status: Watch

Senate Bill 801 (Glazer): Electrical Corporations: Wildfire Mitigation Plans: Senate Bill 801 Requires an electrical corporation to deploy backup electrical resources or provide financial assistance for backup electrical resources to a customer receiving a medical baseline allowance, if the customer meets specified conditions. Status: SB 801 awaits consideration from the Senate Energy, Utilities and Communications Committee. RCRC Status: Watch

Senate Bill 862 (Dodd): Planned Power Outage: Public Safety: Senate Bill 862 clarifies that public safety power shutoffs are included in the California Emergency Services Act and expands the universe of medically sensitive individuals for whom electrical corporations must mitigate public safety power shutoff event impacts. Status: SB 862 has been referred to the Senate Committee on Energy, Utilities and Communications. RCRC Status: Support

Senate Bill 917 (Wiener): Consumer Energy and Conservation Financing Authority: Senate Bill 917 renames the California Consumer Power and Conservation Financing Authority the California Consumer Energy and Conservation Financing Authority it to acquire, by eminent domain, the assets or ownership of PG&E and to break up the service territory if others want to take over the provisions of electricity in their over areas. Status: SB 917 awaits consideration in the Senate Energy, Utilities, and Communications, Governance and Finance and Judiciary Committee. RCRC Status: Pending

Senate Bill 974 (Hurtado): California Environmental Quality Act: Water Systems: Senate Bill 974 exempts from CEQA certain projects that benefit a small community water system that primarily serves one or more disadvantaged communities or that benefit a non-transient noncommunity water system that serves a school that serves one or more disadvantaged communities, by improving the small community water system's or non-transient noncommunity water system's water quality, water supply, or water supply reliability, or by encouraging water conservation. Status: SB 974 awaits consideration in the Senate Environmental Quality Committee. RCRC Status: Pending

Senate Bill 1099 (Dodd): Emergency Backup Generators: Critical Facilities: Senate Bill 1099 requires air districts to adopt a rule, or revise its existing rules, to allow critical facilities with a permitted emergency backup generator to use that emergency backup generator during a deenergization event or other loss of power, and to test and maintain that emergency backup generator without having that usage, testing, or maintenance count toward that emergency backup generator's time limitation on actual usage and routine testing and maintenance. Status: SB 1099 has been recently introduced and awaits consideration in the Senate. RCRC Status: Support

Senate Bill 1191 (Dahle): Organic Waste: Reduction Goals: Local Jurisdictions: Senate Bill 1191 provides local governments with flexibility in complying with recently adopted organic waste laws. Status: RCRC Status: Pending