The Barbed Wire - May 03, 2019

Supervisor Kingsley Hosts RCRC Board of Directors in Inyo County

This week, the RCRC Board of Directors descended upon Death Valley for the 2019 County of the Chair Board of Directors Meeting in Inyo County.  As is tradition, the RCRC Board of Directors holds one Board Meeting each year in the county of the RCRC Chair.  

This year’s meeting was held at the Oasis at Death Valley in Inyo County, and included a tour of various attractions within Death Valley National Park.  The event concluded with the RCRC Board of Directors meeting on Thursday, where the Board adopted support positions on a number of proposals currently making their way through the California legislature, including Assembly Bill 1049 (Grayson) regarding the purchase of equipment for on-call volunteer fire departments, Senate Bill 445 (Allen), the “Wildfire, Drought, and Flood Protection Bond Act of 2020,” Assembly Constitutional Amendment 1 (Aguiar-Curry) related to affordable housing, and Senate Constitutional Amendment 1 (Allen) related to public housing projects.  The May 2, 2019 RCRC Board of Directors packet can be accessed here.

RCRC Officially Endorses Secretary Karen Ross to the California Department of Food and Agriculture

On Thursday, the RCRC Executive Committee took action to officially endorse the appointment of Karen Ross as the Secretary of the California Department of Food and Agriculture (CDFA).  In January 2019, Secretary Ross was reappointed to serve as the Secretary of CDFA by Governor Gavin Newsom.  Secretary Ross was initially appointed by Governor Jerry Brown Jr. in 2011.  

Secretary Ross has always been very accessible and sympathetic to RCRC member county concerns, and has worked with RCRC staff on issues relating to environmental stewardship to find workable solutions.  Secretary Ross has unmatched leadership experience in agricultural issues nationally, internationally, and in California.  Secretary Ross’ confirmation by the State Senate is likely to occur later this spring.

In March, the RCRC Board of Directors adopted a new policy to offer a support position for Gubernatorial appointees during the California State Senate’s confirmation process. 

Governor Newsom Issues Executive Order Directing State Agencies to Prepare Water Resilience Portfolio for California

On Monday, Governor Gavin Newsom issued an Executive Order directing state agencies to collaborate on developing a water plan that identifies priorities for building a water resilient portfolio and creating a water system that will meet the water needs of California’s communities, economy, and the environment into the future.  

“California’s water challenges are daunting, from severely depleted groundwater basins to vulnerable infrastructure to unsafe drinking water in far too many communities.  Climate change magnifies the risks,” Governor Newsom said in a statement.  “To meet these challenges, we need to harness the best in science, engineering and innovation to prepare for what’s ahead and ensure long-term water resilience and ecosystem health. We’ll need an all-of-above approach to get there.”

The Executive Order directs the secretaries of the Natural Resources Agency, the California Department of Food and Agriculture, and the California Environmental Protection Agency to assess existing demands and supplies, current water quality conditions of groundwater and surface waters, projected future water needs, climate change impacts, contaminated drinking water, and existing water programs and policies.  The state agencies will then identify key priorities to ensure safe and resilient water supplies, flood protection and healthy waterways for the state’s communities, economy, and environment.

RCRC is pleased the Executive Order continues the trajectory established by the last Administration, particularly the focus on groundwater sustainability as well as the needs of many rural communities for safe and affordable drinking water.  It is also encouraging to see focus on cross-collaboration among these three key agencies with oversight responsibilities for California’s working landscapes.

The Executive Order can be accessed here.  A website has been created to track progress and collect public input, which can be accessed here. 

Department of Water Resources Announces Draft Basin Prioritization Under SGMA for 57 Modified Basins

Earlier this week, the Department of Water Resources (DWR) announced the draft results of Sustainable Groundwater Management Act (SGMA) 2019 Basin Prioritization Phase 2 for the 57 modified basins affected by the 2018 Basin Boundary Modifications.  DWR’s announcement begins a 30-day public comment period to allow input from the public and local agencies.  

DWR will also hold a public meeting to explain the results and accept public comment.  DWR’s press release with additional details can be accessed here.

Federal Infrastructure Update

This week, House Speaker Nancy Pelosi (D-San Francisco) and Senate Minority Leader Chuck Schumer (D-New York) brokered a deal with President Trump for a $2 trillion infrastructure investment package.  The agreement was announced from the White House shortly after Democratic Leaders met with President Trump. 

Democrats were optimistic after getting the President to agree to the $2 trillion figure, a priority for Speaker Pelosi.  The tentative agreement is a positive development towards infrastructure legislation but there remains several barriers that could keep an infrastructure package from being enacted.

Earlier this week, the Congressional Democratic Leadership released a letter outlining priorities for infrastructure investment that go beyond roads and tunnels to include water infrastructure, broadband deployment, housing, schools, and other initiatives.  Many of these principles will be embraced by the White House but the critical sticking point is how to raise revenue to finance the $2 trillion cost of investment.  Sources close to Minority Leader Schumer suggest he opposes an increase to the federal gas tax which would be antithetical to most Republican proposals.  Speaker Pelosi and Minority Leader Schumer are scheduled to meet with President Trump on infrastructure again in three weeks, at which President Trump is expected to release his proposal for financing the $2 trillion investment.  The outcome of the meeting could determine the prospects of an infrastructure package in the 116^th Congress.

Cannabis Banking Update

Speaking before the Independent Community Bankers of America (ICBA) this week, Senate Banking Committee Chairman Mike Crapo (R-Idaho) said he would not commit to considering cannabis banking legislation until the Department of Justice (DOJ) resolves the legal uncertainty between state and federal marijuana laws.  "As long as cannabis is illegal under federal law, it seems to me to be difficult for us to resolve the issue," said Chairman Crapo.  

In April, Attorney General William Barr suggested in a Senate hearing that he is open to considering legislation to exempt states from federal laws that conflict with marijuana programs legalized under state law.

The House could possibly vote on a proposal to lift the prohibition on cannabis banking, known as the SAFE Banking Act (HR 1595), by the end of the month.  The bill has 152 cosponsors in the House, but Chairman Crapo’s remarks suggest it has long odds of reaching the Senate floor.  Last month, Senators Corey Gardner (R-Colorado) and Elizabeth Warren (D-Massachusetts) introduced the Strengthening the Tenth Amendment Through Entrusting States (STATES) Act which would exempt marijuana from the federal Controlled Substances Acts in states where marijuana has been legalized.  The STATES Act would resolve the disparity among state and federal marijuana laws and lift the federal prohibition on cannabis banking.  The STATES Act could receive bipartisan support in Congress and Senator Gardner has indicated President Trump would likely sign the bill if it reached his desk.

RCRC remains in strong support of the enactment of the SAFE Act as it continues to be a top federal priority.  To date, the RCRC Board of Directors has not considered the STATES Act or other similar legislation.

Bill of the Week: Assembly Bill 890 (Wood) – Nurse Practitioners’ Scope of Practice

RCRC has lent its support to Assembly Bill 890, authored by Assembly Member Jim Wood (D-Healdsburg).  AB 890 allows Nurse Practitioners (NPs) that meet specified requirements to practice independently and without physician and surgeon supervision.  

AB 890 creates the Advanced Practice Registered Nursing Board (Board), and authorizes a licensed NP to practice without physician supervision in limited practice settings.  Additionally, a NP that has obtained an advanced nursing degree, has met specified experience requirements and is certified by the Board, may also provide health care services outside of the limited practice settings. 

Due to California’s significant shortage of health service providers in underserved and rural areas, many children and adults face significant challenges accessing quality services.  AB 890 will help bridge the access gap by allowing NPs to provide full healthcare services in areas where physician care is unfeasible.

RCRC’s support letter can be accessed here.  AB 890 currently awaits consideration in the Assembly Appropriations Committee.  Please contact Tracy Rhine, RCRC Legislative Advocate, at (916) 447-4806 or trhine@rcrcnet.org for more information.

BULLETIN BOARD

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

California Financing Coordinating Committee Announces Funding Fairs

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.  Click “Read More” to access information related to the current status of legislation impacting California’s rural counties. 

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 Appropriations Committee. RCRC Status: Support

Assembly Bill 134 (Bloom): Safe, Clean, Affordable, and Accessible Drinking Water. Assembly Bill 134 would require funding from a Safe Drinking Water Fund or Safe and Affordable Drinking Water Fund to be displayed in the Governor's annual budget and requires at least every five years the Legislative Analyst Office's to provide an assessment of the effectiveness of expenditures. Status:  AB 134 awaits consideration in the Assembly Appropriations Committee.  RCRC Position: Watch

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 Appropriations Committee.  RCRC Position: Pending

Assembly Bill 247 (Dahle): Disaster Relief: Carr and Klamathon Fires. Assembly Bill 247 provides that the state share for disaster project allocations to local agencies is up to 100% of total state eligible costs connected with the Klamathon fire that started on July 5, 2018, in the County of Siskiyou, and the Carr Fire that started on July 23, 2018, in the County of Shasta. Status:  AB 247 awaits consideration in the Assembly Appropriations Committee. RCRC Status: Support

Assembly Bill 297 (Gallagher): Emergency Average Daily Attendance. Assembly Bill 297 would require the Superintendent of Public Instruction to extend the period during which it is essential to alleviate continued reductions in average daily attendance attributable to a state of emergency declared by the Governor in November 2018, for a school district where no less than five percent of the residences within the school district or district facilities were destroyed by the qualifying emergency. Status: AB 297 awaits consideration in the Assembly Appropriations Committee.  RCRC Status: Support

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 Appropriations Committee. RCRC Status: Support

Assembly Bill 394 (Obernolte): California Environmental Quality Act: Exemption: Fire Safety. Assembly Bill 394 expedites fire safety improvements for subdivisions that are at significant fire risk and lack a secondary escape route. Status: AB 394 awaits consideration in the Senate Environmental Quality Committee. RCRC Position: Support

Assembly Bill 616 (Patterson) California Forest Carbon Plan: Report. Assembly Bill 616 would  require the Department of Forestry and Fire Protection, in collaboration with the Natural Resources Agency and California Environmental Protection Agency, to prepare and submit to the Legislature and appropriate legislative policy and budget committees, on or before January 1, 2021, and by January 1 of each year thereafter, until January 1, 2025, a report on the progress made and policies and resources needed to achieve specified wildland fire prevention goals for fuel treatment and vegetation management. Status: AB 616 awaits consideration in the Assembly Appropriations Committee. RCRC Position: Support

Assembly Bill 883 (Dahle) Fish and Wildlife: Catastrophic Wildfires: Report. Assembly Bill 883 would require the Department of Fish and Wildlife, in consultation with Department of Forestry and Fire Protection, on or before a certain date, and by certain day of each year and thereafter, to study, investigate, and report to the Legislature on the impacts on wildlife and wildlife habitat resulting from any catastrophic wildfire that occurred during that calendar year. Status: AB 883 awaits consideration in the Assembly Appropriations Committee. RCRC Position: Support

Assembly Bill 1080/Senate Bill 54 (Gonzalez): Circular Economy and Plastic Pollution Reduction. AB 1080/SB 54 would establish the California Circular Economy and Plastic Pollution Reduction Act, which would require the Department of Resources Recycling and Recovery to adopt regulations to source reduce and recycle 75 percent of single use packaging and products sold or distributed in California by 2030. Status: AB 1080/SB 54 await consideration in their respective Appropriations Committees.  RCRC Status: Support if Amended

Assembly Bill 1111 (Friedman): Office of Sustainable Outdoor Recreation. Assembly Bill 1111 would stablish the Office of Sustainable Outdoor Recreation in state government. Requires the office to undertake certain activities, including supporting the outdoor recreation economy of the state by engaging in specified activities. Requires the office to create an advisory committee to provide advice, expertise, support, and service to the office. Authorizes the office to receive the assistance and funds from public and private sources. Status: AB 1111 awaits consideration in the Assembly Appropriations Committee. RCRC Position: Support

Assembly Bill 1236 (Lackey): Public Resources: Greenhouse Gases. Assembly Bill 1236 seeks to increase in-state recycling and help local governments comply with Senate Bill 1383 organic waste recycling mandates by, among other things, requiring CalRecycle to develop a program environmental impact report for compost facilities, thereby reducing costs, delays, and the risk of litigation for those projects.  Status: AB 1236 awaits consideration in the Assembly Appropriations Committee. RCRC Position: Support

Assembly Bill 1356 (Ting): Cannabis: Local Jurisdictions: Commercial Cannabis. Assembly Bill 1356 provides that if more than 50 percent of the voters of a local jurisdiction voted in favor of Proposition 64, these local jurisdictions must issue a minimum number of licenses authorizing retail cannabis activity within that jurisdiction. Status: AB 1356 awaits consideration in the Assembly Appropriations Committee. RCRC Status: Oppose

Assembly Bill 1375 (Bigelow): Disaster Relief: Dead and Dying Tree Removal. Assembly Bill 1375 would provide that the state share for removal of dead and dying trees in connection with the Governor's Proclamation of a State of Emergency issued on October 30, 2015, is not more than a certain percentage of total eligible costs. Status: AB 1375 awaits consideration in the Assembly Appropriations Committee.  RCRC Position: Support

Assembly Bill 1486 (Ting): Local Agencies: Surplus Land. Assembly Bill 1486 adds more specificity to the types of agencies subject to the Surplus Land Act, by adding sewer, water, utility, and local and regional park districts, joint powers authorities, successor agencies to former redevelopment agencies, housing authorities, and other political subdivisions of this state to the list of agencies that are mandated to follow certain requirements before disposing of surplus land.  AB 1486 also redefines and substantially broadens the term “dispose of” to include the sale, transfer, or other conveyance of any interest in real property.  Status: AB 1486 awaits consideration in the Assembly Appropriations Committee. RCRC Status: Oppose Unless Amended

Assembly Bill 1516 (Friedman): Fire Prevention: Defensible Space Fuel Reduction. Assembly Bill 1516 would make various changes to improve California’s fire prevention policies including its defensible space requirements. Status: AB 1516 awaits consideration in the Assembly Appropriations Committee.  RCRC Position: Support

Assembly Concurrent Resolution 73 (Bigelow): California Fairgrounds Appreciation Month. ACR 73 would designate May 2019 as the California Fairgrounds Appreciation Month. Status:  ACR 73 awaits consideration in the Assembly Rules Committee. RCRC Position: 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 Appropriations 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 Appropriations Committee. RCRC Status: Support

Senate Bill 62 (Dodd): Endangered Species: Accidental Take. Senate Bill 62 extends the sunset date on a provision allowing 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 work. Status: SB 62 awaits consideration in the Senate Appropriations 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 action in the Senate – Second Reading File. RCRC Status: Pending

Senate Bill 209 (Dodd): California Wildfire Warning Center: Weather Monitoring. Senate Bill 209 would establish the California Wildfire Warning Center, a statewide network of automated weather and environmental monitoring stations to conduct fire weather forecasting and threat assessment to aid in wildfire prevention and response.  Status: SB 209 awaits consideration in the Senate Appropriations Committee. RCRC Position: Support

Senate Bill 414 (Caballero): Small Systems Water Authority Act of 2019. Senate Bill 414 creates the Small System Water Authority Act of 2019 and states 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. Status: SB 414 awaits consideration in the Senate Appropriations Committee. RCRC Status: Support

Senate Bill 462 (Stern): Community Colleges: Forestland Restoration Workforce. Senate Bill 462 would require the Chancellor's Office of the California Community Colleges, working in collaboration with the Academic Senate for California Community Colleges, to establish a model curriculum for a forestland restoration workforce program that could be offered at campuses of the California Community Colleges. Status: SB 462 awaits consideration in the Senate Appropriations Committee. RCRC Position: Support

Senate Bill 724 (Stern): California Beverage Container Recycling and Litter. Senate Bill 724 makes a number of changes to the California Beverage Container Recycling and Litter Reduction Act (commonly known as the Bottle Bill).  In addition to providing regulatory relief to retailers, the bill adjusts payments and incentives to stabilize existing recycling businesses and bring more recyclers to rural and unserved areas. Status: SB 724 awaits consideration in the Senate Appropriations Committee. RCRC Position: Support