The Barbed Wire - February 02, 2018

February 2, 2018
California’s Rural Counties Provide Laptops to Foster Youth
Insurance Claims Reach All-Time High in Wake of 2017 Wildfires
EPA Formally Suspends WOTUS Rule Until 2020
Rural Broadband Hearing Held
Federal Budget Update
National Political Outlook
KEEPING UP
BULLETIN BOARD
LEGISLATIVE UPDATE
REGULATORY UPDATE

California’s Rural Counties Provide Laptops to Foster Youth

Rural County Representatives of California (RCRC) and National Homebuyers Fund, Inc. (NHF) have joined forces to contribute $400,000 to provide an iFoster laptop computer to all eligible foster youth and former foster youth aged 16-21 within RCRC’s 35 member counties.  

RCRC and NHF’s Boards of Directors each approved providing $200,000 to support the 1 Laptop Program for Foster Youth.  Through this one-time contribution, more than 1,100 eligible foster youth and former foster youth in care will receive laptops within RCRC’s 35 member counties.

The 1 Laptop Program for Foster Youth is run by iFoster, a national non-profit serving the child welfare community, including formal foster care, guardianship, informal kinship care, transition-age youth (16-24) and probation.  iFoster’s mission is to ensure that every child growing up outside of their biological home has the resources they need to become independent adults and to have access to opportunities to reach their full potential.  The 1 Laptop Program is designed for foster youth and former foster youth ages 16-21.

A 2016 study of 730 youth across California who received iFoster computers found that only five percent of rural foster youth have consistent access to a computer in their homes, compared to 90 percent of all teens, and 79 percent of low-income teens (Pew Research Center, 2014).  When provided with a computer, 98 percent of youth reported using it on a daily or weekly basis, and statistically significant improvements were found in academic performance, social connectiveness, and life satisfaction.

Owning a computer addresses additional challenges for foster youth, including accessing needed resources and the loss or misplacement of important life documents as youth move from placement to placement.  The iFoster Transitional Age Youth (TAY) Assistant includes a HIPAA compliant secure online digital locker, accessible anywhere, anytime, which is fully integrated into iFoster’s resource portal and programs.  Currently, more than 6,600 iFoster TAY members are utilizing the TAY Assistant, resulting in fewer vital documents lost, access to more than 500 needed resources, and improved youth support networks.  All youth receiving laptops funded by RCRC and NHF will be provided with the TAY Assistant.

“I am proud to be part of two organizations that display overwhelming generosity to Californians in need,” said Greg Norton, President and CEO of RCRC, and President of NHF.  “The 1 Laptop Program for Foster Youth will change the legacy of many of California’s current and former foster youth, providing them with access to essential resources, job training and the connectivity needed to succeed in today’s online world.”

iFoster will begin working with local agencies on determining youth eligibility, with a goal of distributing the laptops in 2018.

Insurance Claims Reach All-Time High in Wake of 2017 Wildfires

California Insurance Commissioner Dave Jones announced earlier this week that insurance claims resulting from the devastating 2017 wildfires have reached nearly $12 billion, representing the costliest fires in the history of the state.  California insurers have received around 45,000 claims totaling $11.8 billion in losses of homes, watercraft, automobiles, businesses, farm vehicles and other equipment.  

The severity of the 2017 wildfires has raised concerns that insurance companies will expand the practice of canceling and non-renewing policies in areas they consider high risk for wildfire.  With climate change exacerbating fire conditions and California still experiencing high levels of tree mortality and other factors that contribute to fire risk, the Legislature has already offered several proposals to restrict insurers from canceling homeowners’ policies in the wake of a natural disaster or within a fire risk area without meeting certain conditions.

If you are having issues with insurance claims due to the fires or another fire-related issue such as risk, contact the Department of Insurance, 800-927-4357 or online at www.insurance.ca.gov for assistance. 

EPA Formally Suspends WOTUS Rule Until 2020

The U.S. Environmental Protection Agency (EPA) officially suspended implementation of the agency’s Waters of the United States rule earlier this week to comply with last year’s Executive Order issued by President Trump.  EPA Secretary Scott Pruitt filed the legal documents on Tuesday required to suspend the rule for two years while the agency seeks public input on a redrafted version of the rule.  

Opponents of the rule suspension, including the Natural Resources Defense Council, have already vowed to pursue legal action against the move saying that the rule suspension denies protections to public health.  However, supporters of the move nationwide are applauding the suspension of the rule in light of the controversial nature of the original rulemaking process, as well as questions still surrounding the actual water quality benefits that would result from the measure.  Many, such as RCRC, opposed the rule as a jurisdictional overreach and inappropriate expansion of federal authority over bodies of water not previously controlled by the federal government.  The expansion of federal authority over these waters could result in delays in important local public works projects such as maintenance of flood conveyances that could ultimately endanger public safety.

Detailed information on the WOTUS rule can be accessed here.

Rural Broadband Hearing Held

On Tuesday, the House Energy and Commerce Subcommittee on Communications and Technology held a hearing entitled “Closing the Digital Divide: Broadband Infrastructure Solutions.”  The subcommittee examined 25 pieces of legislation related to broadband infrastructure, promoting deployment in underserved areas, and closing the digital divide.  

There was bipartisan agreement within the subcommittee that more action is needed from Congress to close the digital divide, but Republicans and Democrats are attacking the issue from different angles.  Throughout the hearing, Republicans emphasized legislative proposals that streamline the federal permitting and environmental review process to incentivize private investment, where Democrats favor an approach that relies on federal direct investment in broadband deployment projects.  Democrats cited a 2017 report from the Federal Communications Commission that found an investment of $40 billion in rural broadband deployment is required to close the digital divide, and Democrats are skeptical this figure will be reached without a significant contribution from the federal government.

The subcommittee heard testimony from a panel of seven witnesses representing a diverse set of stakeholders in the broadband and telecommunications industries.  Among the witnesses present were representatives from leading trade associations from the broadband space including Jonathan Spalter, President and CEO of USTelecom, Matthew Polka, President and CEO of American Cable Association, and Shirley Bloomfield, the Rural Broadband Association.  Spalter, Polka, and Bloomfield urged the subcommittee to pursue a strategy that combines federal direct investment with a deregulatory campaign.  Witnesses argued the current regulatory environment adds significant timeline and cost considerations to projects that discourage companies from expanding deployment into rural areas with limited customers per square mile.  Streamlining the permitting and environmental review process will promote market participation from small and mid-sized service providers, increasing competition in underserved rural areas.  Regardless of the regulatory environment, there will continue to be areas where there is no business incentive for companies to provide service.  These are areas where companies are relying on federal direct investment to cover costs and offset the low rate of return on investment.

Before expanding federal funding programs or cutting regulations lawmakers must provide authorities and service-providers with accurate mapping data on broadband service coverage in the United States.  Representative Bill Johnson (R-Ohio) seeks to address this issue in his recent bill H.R. 4810, the MAPPING Now Act of 2018.  The MAPPING Now Act requires the Department of Commerce to develop and maintain an accurate broadband inventory map to help government officials identify where there is no business case for providers and to prioritize funding in those unserved areas. 

Members of the Rural Broadband Caucus hope some of the broadband provisions examined by the subcommittee this week will be included in the White House’s infrastructure plan, but rural broadband was conspicuously left out of the infrastructure section of the President Trump’s State of the Union address to Congress.  For now, Congress will push the 25 bills under consideration through regular order in the Energy and Commerce Committee which is expected to hold a markup in the near future.

Federal Budget Update

The current stopgap spending measure expires on Thursday, February 8, and Congress must approve a new continuing resolution to avoid another government shutdown.  Congress has enacted four stopgap measures since Fiscal 2018 began on October 1, 2017, and current negotiations have ground all other legislation to a screeching halt. 

Republicans are expected to push a stopgap bill that will fund the government through March 22, 2018, but Speaker Paul Ryan (R-Wisconsin) must contend with growing dissent among fiscal conservatives and defense hawks who are threatening to oppose more short-term funding bills.

Congress is approaching a deal on budget caps, the topline spending numbers lawmakers must agree to before writing the actual budget for Fiscal 2018.  Negotiations were stalled for weeks by a partisan fight over defense and nondefense spending levels.  Democrats insist increases in defense spending are matched by equal increases in nondefense spending but this principle of “parity” between the spending caps is rejected by fiscally conservative Republicans.  Despite dissent among deficit hawks, Republicans have proposed increasing the caps by a total of $143 billion, with defense going up by $80 billion and nondefense getting a $63 billion increase.  To make the increases in nondefense discretionary spending more palatable to rank and file members, Senator John Thune (R-South Dakota), chairman of the Senate Commerce, Science and Transportation Committee, suggests using the added funds to nondefense spending as a down payment on the President’s infrastructure plan, but it is unclear how much traction this proposal is getting with conservatives.

National Political Outlook

The surprise announcements of Republican retirements continues this week as Representative Trey Gowdy (R-South Carolina), Chair of the House Committee on Oversight, and Representative Rodney Frelinghuysen (R-New Jersey), Chair of the House Appropriations Committee added their names to the list of prominent Republicans who will not seek re-election in 2018.  

Representative Gowdy’s district in South Carolina is considered a solid Republican seat, but Representative Frelinghuysen’s district, New Jersey’s 11th, is comprised of wealthy, educated Republicans who are upset with the GOP’s cuts to SALT exemptions in the Federal Tax Reform bill.  New Jersey’s 11th district will be added to the long list of Republican districts that are considered a toss-up in 2018, and Republican’s chances of maintaining their majority in the House are dwindling.  In the Senate, a Republican-friendly election cycle is expected to stem the tide of Democratic popularity, but the GOP’s 51-49 majority allows for only the thinnest margins of error.  Losing the House alone would completely up-end President Trump’s agenda through the rest of his term.  Even items with bipartisan support, namely infrastructure, will be difficult to accomplish, if not completely impossible. 

KEEPING UP

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

Karmdeep Bains, 44, of Yuba City, has been reappointed to the 13th District Agricultural Association, Yuba-Sutter Fair Board of Directors, where he has served since 2012. Bains has been co-owner at Coldwell Banker Commercial Valley Brokers since 2010 and owner and operator at Karm S. Bains Farms since 2006. He was farm manager at Didar Singh Bains Farms from 1992 to 2006. Bains is a board member of the California Agricultural Leadership Foundation, California Cling Peach Association, Prune Bargaining Association, Walnut Bargaining Association and Sutter County Board of Education. This position does not require Senate confirmation and there is no compensation. Bains is a Democrat.

Erin Cucchi, 42, of Yuba City, has been reappointed to the 13th District Agricultural Association, Yuba-Sutter Fair Board of Directors, where she has served since 2015. Cucchi has been a crop insurance adjuster at Great American Insurance since 2013. She was a crop insurance adjuster at Rural Community Insurance Services from 1998 to 2013. Cucchi is former president of the Franklin Elementary School Parents Club, a co-community leader at the Franklin 4-H Club and a member of the Yuba-Sutter Fair Junior Livestock Auction Committee and the Sutter-Yuba Counties 4-H Council. This position does not require Senate confirmation and there is no compensation. Cucchi is a Democrat.

Alice Munger, 43, of Yuba City, has been reappointed to the 13th District Agricultural Association, Yuba-Sutter Fair Board of Directors, where she has served since 2006. Munger has been an agricultural science teacher at Brittan Elementary School since 2016 and a rice farmer since 2000. She was a teacher at Wheatland Union High School from 2014 to 2016. She is a member of the California Agricultural Teachers' Association and the Yuba-Sutter Farm Bureau. This position does not require Senate confirmation and there is no compensation. Munger is a Republican.

BULLETIN BOARD

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

USDA Launches Interactive Website for Agricultural Producers

Click here

UC Davis Study Cites Fertilizer as Major Source of Air Pollution

Click here and here

California Agricultural Day 2018

Click here

Tuolumne County Seeks Behavioral Health Program Supervisor

Click here

Sonoma County Seeks Health Privacy and Security Officer

Click here

Mono County Seeks Public Works Director

Click here

San Luis Obispo County Seeks Health Agency Director

Click here

Crescent City Seeks City Manager

Click here

Eastern Sierra Transit Authority Seeks Executive Director

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 975 (Friedman): Natural Resources: Wild and Scenic Rivers. Assembly Bill 975 would expand the area protected in the state’s Wild and Scenic Rivers System from immediately adjacent to the affected river segment to one-quarter of a mile, including both public and private lands. Status: AB 975 was placed on the Assembly Inactive File.  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 action on the Senate Floor.  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 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: AB 1886 awaits action on the Assembly Floor.  RCRC Position: Support

Assembly Joint Resolution 28 (Jones-Sawyer): Financial Institutions: Cannabis.  Assembly Joint Resolution 28 urges the 115th Congress and the President to enact legislation to allow financial institutions to provide services to the cannabis industry.  Status: AJR 28 awaits action on the Assembly Floor.  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 consideration in the Senate Insurance, Banking and Financial Institutions Committee.  RCRC Position: Support

Senate Bill 930 (Hertzberg): Financial Institutions: Cannabis Senate Bill 930 would state the intent of the Legislature to establish a state-chartered bank that would allow a person licensed to engage in commercial cannabis activity to engage in licensed banking activities in California. Status: SB 930 awaits action on the Senate Floor. RCRC Position: Support In Concept

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.  

Notice of Proposed Rulemaking Pertaining to Financial Assurance Mechanisms (FAMs).  The proposed amended regulatory language is intended to implement the updates to Public Resources Code Section 2774 based upon the statutory changes made by Assembly Bill 1142 (Grey, 2016) pertaining to Financial Assurance Mechanisms (FAMs).  AB 1142 requires the SMGB to formally adopt FAM forms by July 1, 2018.  Assurance mechanisms include, but are not limited to, surety bond forms, irrevocable letters of credit, and certificate of deposit establishment and encashment instructions.  Agency: Department of Conservation State Mining and Geology Board.  Status: The notice was released January 26, 2018, with comments due March 13, 2018.  The notice and draft forms can be accessed here.  RCRC Comments:  Staff is seeking input from member counties.  RCRC Advocate: Mary Pitto mpitto@rcrcnet.org

Notice of Proposed Rulemaking Pertaining to Amendments and Additions to the State CEQA Guidelines.  The proposed Guidelines for implementation of the California Environmental Quality Act (CEQA Guidelines) reflect past legislative changes to CEQA, clarify certain portions of the existing CEQA Guidelines, and update the CEQA Guidelines consistent with past court decisions.  Agency: California Natural Resources Agency.  Status: The notice was released January 26, 2017 for a 45-day public comment period, which ends March 15, 2018.  Public hearings have been scheduled for March 14, 2018 in Los Angeles and March 15, 2018 in Sacramento.  Additional information and the proposed CEQA Guidelines can be accessed here.   RCRC Comments:  Staff is seeking input from member counties.  RCRC Advocate: Mary Pitto mpitto@rcrcnet.org

Assembly Bill 901 Proposed Reporting Regulations for Recycling, Disposal, and Enforcement:  Assembly Bill 901 (Gordon, 2015) established new requirements to address the lack of a formal reporting system on recycling, complete and timely data on disposal, and enforcement in order to measure statewide compliance with new statewide recycling goals and programs.  Agency: Department of Resources Recycling and Recovery Status:  Draft regulations were released January 26, 2017 for a 45-day public comment period, which ends March 14, 2018.  A public hearing has been scheduled for March 14, 2018 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

Senate Bill 1383 Organics Diversion from Landfills Informal Draft RegulationsSenate Bill 1383 (Lara, 2016) established methane emissions reduction targets in a statewide effort to reduce emissions of short-lived climate pollutants (SLCP) from various California sectors.  SB 1383 included goals of reducing organics from landfills by 50 percent in 2020 and 75 percent by 2025 from 2014 levels.  CalRecycle is in the process of developing regulations to implement SB 1383.   Agency: Department of Resources Recycling and Recovery Status: Four series of informal stakeholder workshops on concepts were held in 2017.  The first draft regulatory language was released October 25, 2017, with a fifth workshop.  The second informal draft is expected in early March with a workshop scheduled for March 21 in Sacramento and March 22 in Carlsbad.  Additional information and draft regulations can be accessed here.  RCRC Comments:  Staff comments can be accessed here.  In addition, RCRC participated in two coalition letters that can be accessed here and hereRCRC Advocate: Mary Pitto mpitto@rcrcnet.org