The Barbed Wire - May 31, 2019

CPUC Approves Utility Wildfire Mitigation Plans and De-Energization Protocols

On Thursday, the California Public Utilities Commission (CPUC) unanimously adopted Investor Owned Utility (IOU) Wildfire Mitigation Plans (Plans) for the 2019 fire season, as well as protocols on how De-Energization practices are to be conducted.  Utilities are expected to increase their use of planned power outages – also known as De-Energization or Public Safety Power Shut-off (PSPS) events – in communities experiencing extreme weather events, like high winds and dry conditions, which could lead to wildfire.  

The CPUC will have a second phase of the De-Energization proceeding focusing more comprehensively on PSPS practices, coordination with various state and local agencies, re-energization protocols, and other issues that build a better framework for de-energization procedures in the future.  RCRC is a party to both the Wildfire Mitigations Plan and De-Energization proceedings with the CPUC, having taken action at its March 2019 meeting.  These proceedings implement Senate Bill 901 (Dodd) passed in 2018 to deal with, in part, additional actions IOU’s should take to prevent catastrophic wildfires from occurring.

Disaster Aid Update

House Republicans stalled passage of HR 2157, a disaster aid bill that would provide $19.1 billion to communities recovering from recent natural disasters.  The bill was expected to move quickly through the House, using a legislative procedure to expedite approval for the disaster proposal with broad bipartisan support.  

Conservative Representatives Thomas Massie (R-Kentucky), Alex Mooney (R-West Virginia), and John Rose (R-Tennessee) each objected to the procedural maneuver that was agreed upon by House leadership.  The bipartisan disaster relief proposal was approved by the Senate by an 85-8 vote and is expected to pass the House under normal rules after the chamber reconvenes on Monday, June 3, 2019.  President Trump supports the bill and intends to sign it shortly after it moves through the House.

Rural Broadband Update

This week, the Federal Communications Commission (FCC) released a revised version of its 2019 Broadband Deployment Report, which stated 21.3 million Americans lacked broadband access by the end of 2017.  Unfortunately, by the FCC’s own admission, the data used in the report is deeply flawed, which raises questions and concerns about the accuracy of the report.  

The 21 million figure is contradicted by a report released last year by Microsoft that found 162.8 million Americans, 19 million in rural America alone, did not have a way to use rural broadband.  The FCC report relies on data reported by nationwide carriers that is often contradicted from third party sources.  

For some policymakers, the credibility of the data undermines claims from FCC Chairman Ajit Pai that the digital divide is closing at a satisfying pace.  According to the report, the digital divide has “narrowed substantially, and more Americans than ever before have access to high-speed broadband.”  But consumers are growing frustrated with the inconsistencies of carrier-reported data with the reality of internet availability in rural America.  Other rural broadband advocates are urging the National Telecommunication and Information Administration (NTIA) to step up efforts to modernize federal broadband data collection.  The FCC is unable to target truly underserved areas with broadband deployment assistance without accurately reported data.

Bill of the Week: Assembly Bill 1111 (Friedman) – Office of Outdoor Recreation

RCRC has lent its support to Assembly Bill 1111, authored by Assembly Member Laura Friedman (D-Glendale).  AB 1111 would establish the Office of Sustainable Outdoor Recreation with the Office of the Governor to promote an active and healthy lifestyle, and improve the quality of life for all Californians.  

AB 1111 would also involve interested stakeholders by requiring the Office of Sustainable Outdoor Recreation to create an advisory group to offer advice, expertise, support, and service in carrying out its mission.  AB 1111 anticipates the involvement of representatives from rural areas with a recreation-dependent economy as well as stakeholders from those sectors related to outdoor recreation economy.  The additional focus AB 1111 directs to tourism and outdoor recreation would benefit California’s rural counties, many of whom serve as the gateway welcoming visitors to California’s state and national parks, as well as other publicly-accessible lands. 

RCRC’s floor alert can be accessed here.  AB 1111 currently awaits action in the Assembly (Third Reading File).  Please contact Mary-Ann Warmerdam, RCRC Senior Legislative Affairs Advocate, at (916) 447-4806 or mwarmerdam@rcrcnet.org for more information.

BULLETIN BOARD

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

City of Banning Seeks Director of Administrative Services

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State Water Resources Control Board Cancels California WaterFix Closed Sessions

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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 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 the board by a specified date of each year to review the assessment of funding need and to prioritize the public water systems. Status:  AB 134 awaits action in the Senate.  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 action in the Assembly (Third Reading File).  RCRC Position: Oppose Unless Amended

Assembly Bill 343 (Patterson) Forestry: Biomass Energy. Assembly Bill 343 would have required 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 failed passage in the Assembly Appropriations Committee. RCRC Status: Support

Assembly Bill 1080 (Gonzalez)/Senate Bill 54 (Allen): Circular Economy and Plastic Pollution Reduction. AB 1080/SB 54 requires manufacturers and retailers 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/SB 54 passed their respective houses and awaits hearing in the second houses committee.  RCRC Status: Support

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 action in the Senate. RCRC Position: Support

Assembly Bill 1144 (Friedman): Self-Generation Incentive Program. Assembly Bill 1144 requires the California Public Utilities Commission to establish pilot projects to install energy storage systems to back up critical infrastructure in high-fire threat districts.  Status: AB 1144 67 awaits consideration in the Senate Energy, Utilities & Communications Committee. RCRC Position: Support

Assembly Bill 1236 (Lackey): Public Resources: Greenhouse Gases. Assembly Bill 1236 sought 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 failed passage 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 action in the Assembly (Inactive File). RCRC Status: Oppose

Assembly Concurrent Resolution 66 (Aguiar-Curry): Officer Natalie Corona Memorial Highway. ACR 66 would designate a portion of Interstate 5 in the County of Colusa as the “Officer Natalie Corona Memorial Highway.” Status: ACR 66 awaits consideration in the Senate Transportation Committee. RCRC Status: 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 action in the Senate (Third Reading File). 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 action in the Assembly & Water, Parks & Wildlife Committee. RCRC Position: 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. It also repeals the sunset on the California Endangered species Act’s Safe Harbor Agreement Program. Status: SB 62 awaits consideration in the Assembly Water, Parks & Wildlife 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 Assembly. RCRC Status: Pending

Senate Bill 209 (Dodd): California Wildfire Warning Center: Weather Monitoring. Senate Bill 209 establishes 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 action in the Assembly. RCRC Position: Support

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 action in the Assembly. 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 action in the Assembly. RCRC Status: Support

Senate Bill 724 (Stern): California Beverage Container Recycling and Litter. Senate Bill 724 would have made 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 failed passage in the Senate Appropriations Committee. 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.  Click “Read More” to access information related to the current status of regulations impacting California’s rural counties.