The Barbed Wire - July 16, 2021

Requirements on New Housing Developments in Very High Fire Risk Areas Legislation Failed Passage

This week, Senate Bill 12, authored by Senator Mike McGuire (D-Healdsburg), which established wildfire reduction standards and planning requirements for new housing developments in Very High Fire Risk Areas (VHFRA) of the state, failed passage in Assembly Housing Committee. 

The measure would have prohibited local governments from approving permits for housing developments unless the project was in compliance with the wildfire risk reduction standards as outlined in the bill.  SB 12 also required increased wildfire risk mitigation planning by local governments through updated local safety and land use elements of that jurisdiction’s general plan.  RCRC did not have a formal position on the bill, but had been in discussions with the author regarding local government concerns.

For more information, contact Tracy Rhine, RCRC Senior Legislative Advocate, by email or call (916) 447-4806.

Bill of the Week: Senate Bill 556 (Dodd): Small Wireless Facility Siting

In a joint letter earlier this month, RCRC, Urban Counties of California (UCC), and the California State Association of Counties (CSAC), voiced opposition to Senate Bill 556, authored by Senator Bill Dodd (D-Napa), which would require local governments and publicly owned electric utilities to make infrastructure available to communication service providers for the placement of small wireless facilities, with limited allowable compensation to the public owners of that infrastructure.

Specifically, SB 556 requires local governments to implement expedited processing times for the colocation of small wireless facilities from 60-90 days down to 45 days, but also additionally restricts review time for applications of more than 300 attachments to 60 days. Additionally, provisions of the bill make denying an application for the use of public infrastructure, such as streetlights, traffic signals, or other poles, arguably impossible.

SB 556 will not bring universal access to high-speed internet to RCRC member counties, but only increase internet provider profitability in lucrative markets. In fact, this bill further disincentivizing broadband deployment in low-income urban and high-cost rural areas of the state that lack basic and affordable connectivity.

We encourage RCRC members to contact their respective legislators to urge a “no” vote on this legislation. SB 556 is currently awaiting consideration in Assembly Appropriations Committee. The joint letter can be accessed here. For more information, contact Tracy Rhine, RCRC Senior Legislative Advocate, by email or call (916) 447-4806.

RCRC Sponsored Forest Resilience Bill Passes Key Senate Committee

RCRC’s sponsored Assembly Bill 1431, authored by Assembly Member Jim Frazier (D-Fairfield), passed out of the Senate Natural Resources & Water Committee on Tuesday with a recommendation for consent by Committee Chair Henry Stern (D-Los Angeles). The bill, which has had no opposition in either house, would codify various state goals for forest resilience and wildfire mitigation activities and require the California Natural Resources Agency and the California Environmental Protection Agency to report annually on the progress of meeting those goals.

RCRC initially introduced the legislation to add statutory accountability behind California’s resilience and wildfire prevention plans such as the Forest Carbon Plan and the Wildfire and Forest Resilience Action plan. The state’s plans contain important goals, such as treating 500,000 acres of non-federal land annually by 2025 and creating a sustainable wood products market in the state, but no statutory requirements to follow through on the goals or maintain transparency to the Legislature and the public on their progress.

The bill will next be heard in the Senate Appropriations Committee.  RCRC’s letter of support can be viewed here, and the bill language here. For more information, contact Staci Heaton, RCRC Senior Regulatory Advocate, by email or call (916) 447-4806.

Sierra Nevada Conservancy Awards $19 Million to Forest Resilience Projects in RCRC Counties

On Thursday, the Sierra Nevada Conservancy (SNC) announced $19 million in funding to 15 wildfire and forest resilience projects in various RCRC member counties. The projects include watershed restoration, community fuel breaks and forest resilience efforts, and will be conducted on both public and private lands in ten different counties under the purview of SNC.

The funding is part of the Early Action Wildfire and Forest Resilience funding that was allocated by the Legislature and Governor Gavin Newsom in April 2021. The projects are shovel-ready, with most set to begin in the summer of 2021.

For a complete list of the 15 projects, visit SNC’s website here.

Department of Cannabis Control Governor Appointments

The 2021-22 State Budget Package included the consolidation of the three commercial cannabis licensing agencies (Bureau of Cannabis Control, CalCannabis, and the Manufactured Cannabis Safety Branch) into a new-standalone Department of Cannabis Control, housed in the Consumer Affairs Agency. The consolidation included the addition of new positions appointed by the Governor, with the Director position requiring Senate Confirmation.

On Tuesday, the Governor announced the following appointments for the Department of Cannabis Control:

Nicole Elliott, 36, of Sacramento, has been appointed Director of the California Department of Cannabis Control. Elliott has been the Governor’s Senior Advisor on Cannabis at the Governor’s Office of Business and Economic Development since 2019. She was Director of the Office of Cannabis for the General Services Agency of the City and County of San Francisco from 2017 to 2019, where she served as Project Manager in 2017. Elliott held multiple positions in the Office of San Francisco Mayor Edwin Lee from 2011 to 2017 and Office of San Francisco Mayor Gavin Newsom from 2009 to 2010.

Matthew Lee, 35, of Sacramento, has been appointed General Counsel for the California Department of Cannabis Control. Lee served as Deputy Legal Affairs Secretary for the Office of Governor Gavin Newsom from 2019 to 2021. He was Deputy City Attorney in the San Francisco City Attorney’s Office from 2016 to 2019. Lee served as a Law Clerk for the Honorable Vince Chhabria at the U.S. District Court, Northern District of California from 2015 to 2016, Law Clerk for the Honorable Michelle T. Friedland at the U.S. Court of Appeals, Ninth Circuit from 2014 to 2015, and Law Clerk for the Honorable Harry Pregerson at the U.S. Court of Appeals, Ninth Circuit from 2013 to 2014.

Rasha Salama, 44, of Sacramento, has been appointed Chief Deputy for the California Department of Cannabis Control. Salama has been Assistant Branch Chief of the Manufactured Cannabis Safety Branch at the California Department of Public Health since 2016. She has served in several positions at the Department of Public Health since 2010.

Tamara Colson, 49, of Sacramento, has been appointed Deputy Director of Legal at the California Department of Cannabis Control. Colson has been Assistant Chief Counsel of the Bureau of Cannabis Control since 2016.

Eugene Hillsman, 41, of Oakland, has been appointed Deputy Director of Equity and Inclusion for the California Department of Cannabis Control. Hillsman has been Deputy Director of the Office of Cannabis for the City and County of San Francisco since 2018.

RCRC is pleased to see the appointment of Nicole Elliot as Director of the DCC. RCRC staff has already established a strong working relationship with Ms. Elliot through her work as the Governor’s Senior Advisor on Cannabis and her willingness to work with local governments to address challenges transitioning the cannabis industry to a regulated market with the implementation of Proposition 64.

Secure Rural Schools Extension Amendment Passed Unanimously

During a markup on Wednesday in the Senate Energy and Natural Resources Committee (Committee), Senators Ron Wyden (D-Oregon) and James Rosch (R-Idaho) submitted an amendment to the committee’s infrastructure bill to extend the Secure Rural Schools (SRS) program for two years, plus up payments to 2017 levels — the same exact language as the Secure Rural Schools Reauthorization Act of 2021 (S. 435). The amendment passed the Committee unanimously with little discussion. Chairman Joe Manchin (D-West Virginia) recommended the Committee “vote yes for the children,” and Senator James Rosch (R-Idaho) thanked all western states and their senators for their continued work on securing a permanent solution for the program.

Office of Management and Budget Backs Off of Changing Metropolitan Classification

On Tuesday, the Office of Management and Budget (OMB) backed off from a proposed change to the federal definition of “city.” OMB changes the definition of a “metropolitan statistical area” approximately every decade, but this rendition of the change caused significant concern from many rural constituencies after the agency proposed doubling the threshold from 50,000 to 100,000 people. Following criticism from Members of Congress, business leaders and rural communities themselves, OMB said it would announce in a Federal Register notice on Friday it would back off the proposed doubling of the threshold and instead make “modest revisions” to 2010 definition standards.

Marijuana Legalization Proposal Introduced by Senate Majority Leader Schumer

On Wednesday, Senate Majority Leader Chuck Schumer (D-New York), Senate Finance Committee Chairman Ron Wyden (D-Oregon) and Senator Cory Booker (D-New Jersey) unveiled the Cannabis Administration and Opportunity Act, the first draft of a long-anticipated Senate bill to federally legalize marijuana. The bill would also expunge prior marijuana convictions, allow people to petition for resentencing, maintain the authority of states to set their own marijuana policies and remove collateral consequences like immigration-related penalties for people who’ve been criminalized over the plant. Notably for RCRC, although the bill does not specifically mention cannabis banking, its provisions ending the federal prohibition of marijuana would automatically remove any penalties that financial institutions currently could face as a result of working with licensed cannabis businesses because those operations would no longer be federally illegal.

Despite more and more states continuing to legalize marijuana, President Joe Biden remains opposed to the reform. Minutes after the draft legislation was unveiled, White House Press Secretary Jen Psaki emphasized the President’s opposition to the legislation, but added that the President would be “encouraged” by efforts to advance more incremental reform, such as decriminalizing possession.

Click here for a full breakdown of the draft proposals’ provisions and also note that this is merely a draft piece of legislation released “to spark conversation to inform what will be a formal introduction of the bill at a later date.”

STATE BUDGET ACTION UPDATE

The latest update on California state budget action impacting California’s rural counties.

Broadband Infrastructure

The State Budget Package appropriates a total of $6 billion for investments in broadband infrastructure, including:

• $3.25 billion into a statewide open-access middle mile network;
• $2 billion ($1 billion for rural communities) for last mile infrastructure; and,
• $750 million in a loan- loss reserve account that can be leveraged by local agencies, tribal governments, and nonprofits for broadband projects.

Additionally, Senate Bill 156 makes numerous changes to current law that will expedite broadband deployment in RCRC member counties, including:

• Authorizes counties to own, operate, and maintain broadband facilities and services;
• Requires projects funded by the California Advanced Services Fund (CASF) to provide connection speeds of at least 100 mbps downstream and 20 mbps upstream; and,
• Defines unserved areas eligible for CASF funded programs as those without access to internet connectivity at 25 mbps/3mbps, and prioritizes areas that have less than 10mbps/1mbps.

On Thursday, the State Legislature passed SB 156 thereby establishing the largest investment in public broadband infrastructure in the country. RCRC partnered with a number of organizations in pursuing the passage of this bill in a collective effort to close the digital divide. RCRC specifically applauds the work of assembly members and senators representing rural areas of the state in championing this monumental effort. RCRC’s full press release can be accessed here.

Housing and Homelessness

The State Budget Package includes increased spending for a myriad of programs to end homelessness, including $2 billion over the next two years for the Homeless Housing, Assistance, and Prevention Program (HHAPP). Specifically, Assembly Bill 140 allocates $1 billion for Round 3 HHAPP funding in the 2021-22 fiscal year, and $1 billion for Round 4 in the 2022-23 fiscal year.

Additionally, AB 140 establishes the Family Homelessness Challenge Grants and Technical Assistance program to provide one-time grants and technical assistance to local jurisdictions to assist efforts to end homelessness and provides additional funding for Project Homekey for the acquisition, rehabilitation, and conversion of hotels, motels, commercial properties, and other non-housing properties for non-congregate housing for homeless individuals.

The State Budget Package also extends the Infill Infrastructure Grant Program of 2019 and allocates an additional $250 million to the program, with $90 million set aside for over-the-counter grants for small jurisdictions under the program.

BULLETIN BOARD

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

CPUC To Host Public Briefings on Utility Readiness for 2021 PSPS Events

The California Public Utilities Commission (CPUC) has announced it will host virtual public briefings for electric utilities to discuss their readiness for Public Safety Power Shutoff (PSPS) events in 2021 with the public, as well as the California Governor’s Office of Emergency Services (Cal OES) and CAL FIRE. Each respective utility will provide these briefings on the following dates:

• Tuesday, August 3, 2021, from 9 am to noon: Southern California Edison (SCE)

• Tuesday, August 3, 2021, from 1 pm to 4 pm: Pacific Gas and Electric (PG&E)

• Wednesday, August 4, 2021, from 9 am to noon: Small Multi-Jurisdictional Utilities (such as Liberty Utilities and PacifiCorp)

To view the workshop, see here. Public participants may also hear the event and make comments by calling 1-800-857-1917, passcode 7218384#.

California Citizens Redistricting Commission’s Communities of Interest Public Input Meeting

The California Citizens Redistricting Commission (Commission) has a Communities of Interest Public Input meeting on July 19th for the following counties and surrounding areas: Butte, Colusa, Glenn, Lassen, Modoc, Plumas, Shasta, Siskiyou, Tehama. The Commission is seeking input from the public to assist in establishing the boundaries of communities during the redistricting process. An informational flyer on the meeting is available here.

LX EVOLVE

The Municipal Resource Group, a sponsor of RCRC’s 2021 Annual Meeting, is offering a comprehensive leadership development program for interested participants that starts on August 25th. For more information about the 10-month LX EVOLVE program, please see the flyer here.

State Water Resources Control Board Seeks Senior Engineering Geologist

The State Water Resources Control Board (SWRCB) is seeking a Senior Engineering Geologist to serve as one of the principal implementers of the Sustainable Groundwater Management Act. Applications are due by July 23, 2021. To apply or for additional information, visit the SWRCB’s job posting website here.

CORONAVIRUS (COVID-19) ASSISTANCE

Resource pages, deadline extensions, and available programs to assist communities impacted by COVID-19.

Coronavirus Relief Available from the Small Business Administration

The federal Small Business Administration (SBA) is offering several coronavirus relief options to help alleviate the financial hardships resulting from the coronavirus (COVID-19). The programs have received an overwhelming number of applications from businesses, so be sure to check the SBA website for the latest updates on the status of these programs.

• The Paycheck Protection Program (PPP) provides loan forgiveness for retaining employees by temporarily expanding the traditional SBA 7(a) loan program. After initial funding was quickly depleted, the program received an infusion of an additional $310 billion, allowing the SBA to resume the program on April 27, 2020. Be sure to check the SBA website for the most recent information on the application process and availability of funds.
• The Economic Injury Disaster Loan (EIDL) Emergency Advance provides up to $10,000 of economic relief to businesses that are currently experiencing temporary difficulties.
• SBA Express Bridge Loans can be used to bridge the gap for businesses while applying for a direct SBA Economic Injury Disaster Loan; small businesses who currently have a business relationship with an SBA Express Lender to access up to $25,000 quickly.
• SBA Debt Relief provides a financial reprieve to small businesses during the COVID-19 pandemic.

If you are interested in programs for other disasters, the SBA Disaster Loan Assistance portal is available here.

Economic Development Resources for Communities and Businesses Impacted by the Coronavirus

The California Association for Local Economic Development (CALED) has assembled resources for communities and business impacted by the coronavirus (COVID-19). The page will be continually evolving as new resources become available. To go directly to the CALED resources, click here.

Use of Community Development Block Grant (CDBG) Funds for Infectious Disease Response

Community Development Block Grant (CDBG) funds may be used for a range of eligible activities that prevent and respond to the spread of infectious diseases such as the coronavirus disease 2019 (COVID-19). Check out the Quick Guide to CDBG Eligible Activities to Support Infectious Disease Response for guidance and additional information.

Coronavirus (COVID-19) County Resource Page Available

The California State Association of Counties (CSAC), RCRC’s local government partner, continues to provide excellent up-to-date state and federal information to counties on this ever-changing pandemic event.  We encourage visiting CSAC’s COVID-19 resource page, which contains vital links to all CSAC COVID-19 advocacy letters and resources.  CSAC’s staff continues to work around the clock to update activities so that all of California’s counties can remain properly informed.

LEGISLATIVE AND REGULATORY UPDATE

Information related to the current status of legislation and regulations impacting California’s rural counties.

Assembly Bill 246 (Quirk) Contractors: disciplinary actions. Assembly Bill 246 allows the Contractors State Licensing Board to take disciplinary actions against a contractor who violates state or local laws prohibiting illegal dumping.  Status: AB 246  was signed by Governor Newsom. RCRC Status: Support

Assembly Bill 322 (Salas): Energy: Electric Program Investment Charge program: Requires the Energy Commission to consider bioenergy projects for biomass conversion when awarding funds under the Electric Program Investment Charge program. Status: AB awaits consideration on the Senate Floor. RCRC Status: Support    

 Assembly Bill 332 (ESTM): Hazardous waste: treated wood waste. Reestablishes a statutory pathway for the alternative management and disposal of treated wood waste in a landfill.  Status:  AB 332awaits consideration on the Senate Floor. RCRC Status:  Support

Assembly Bill 819 (Levine) California Environmental Quality Act: notices and documents: electronic filing and posting.  Requires lead agencies to post California Environmental Quality Act notices and documents on their internet websites and to submit CEQA documents to the State Clearinghouse in electronic form.  Status: AB 819 passed the Legislature and awaits consideration by the Governor. RCRC Status: Watch

Assembly Bill 843 (Aguiar-Curry): California Renewables Portfolio Standard Program: renewable feed-in tariff: Allows Community Choice Aggregators (CCAs) to access the CPUC BioMAT program that provides funding for renewable bioenergy electricity projects, including biomass and biogas. Status: AB 843 awaits consideration in the Senate Appropriations Committee. RCRC Status: Support

Assembly Bill 881 (Gonzalez) Plastic waste: diversion: recycling: export. Repeals the ability for local governments to claim diversion credit for mixed plastic waste that is exported for recycling. Status: AB 881 awaits consideration in the Senate Appropriations Committee. RCRC Status: Watch

Assembly Bill 970 (McCarty): Planning and zoning: electric vehicle charging stations: permit application approval: AB 970 will require applications to install electric vehicle (EV) charging stations to be deemed complete by a local jurisdiction within five business days for one to 25 charging stations on a single site, or 10 business days to construct 25 or more, and also requires such applications to be deemed approved within 20 or 40 business days (respectively) after the application was submitted, as specified. For a local jurisdiction with a population of less than 200,000 residents, the bill’s provisions would become operative on January 1, 2023. Status: AB 970 awaits consideration on the Senate Floor. RCRC Status: Oppose

Assembly Bill 1311 (Wood) Recycling: beverage containers: certified recycling centers. Makes modest changes to the Beverage Container Recycling Act to increase consumer access to redemption opportunities. Status: AB 1311 awaits consideration in the Senate Appropriations Committee. RCRC Status: Support

Assembly Bill 1344 (Arambula) State Department of Public Health: Needle and Syringe Exchange Services.  Exempts needle and syringe exchanges services from the California Environmental Quality Act.  Status: AB 1344 awaits consideration on the Senate Floor. RCRC Status: Neutral

Assembly Bill 1403 (Levine) Emergency Services. Assembly Bill 1403 clarifies that deenergization events (also known as PSPS events) qualify as events for which a state of emergency can be declared by the Governor under the California Emergency Services Act, but not for a local emergency declared by a local government. Status: AB 1403 awaits consideration in the Senate Appropriations Committee. RCRC Status: Pending

Assembly Bill 1454 (Bloom) Beverage Container and Litter Reduction Act.  Assembly Bill 1454 makes several changes to the Beverage Container Recycling Program, including creation of a new $25,000 startup loan for the creation of new recycling centers in unserved or underserved areas and increased payments to redemption centers with an even greater increase in rural areas.  Status: AB 1454 awaits consideration by the Senate Environmental Quality Committee.  RCRC Status: Support

Senate Bill 37 (Cortese) California Environmental Quality Act Exemption.  Senate Bill 37 eliminates the ability to use a “common sense exemption” under the California Environmental Quality Act for any projects undertaken at over 40,000 sites throughout the state that appear on the Cortese List of currently or formerly contaminated properties.  The bill will require discretionary projects with no environmental impact at those locations (including many local corp yards, fire stations, airports, etc.) to undergo an initial assessment and prepare a negative declaration.  Status:  SB 37 awaits consideration in the Assembly Appropriations Committee.  RCRC Status:  Oppose.

Senate Bill 52 (Dodd): State of Emergency: Power Outages. Senate Bill 52 clarifies that deenergization events (also known as PSPS events) qualify as events for which a local emergency can be declared under the California Emergency Services Act. Status: SB 52 awaits consideration on the Assembly Floor. RCRC Status: Support

Senate Bill 99 (Dodd): Community Energy Resilience Act of 2021. Senate Bill 99 requires the State Energy Resources Conservation and Development Commission to develop and implement a grant program for local governments to develop community energy resilience plans. Status: SB 99 awaits consideration in the Assembly Appropriations Committee.  RCRC Status: Support

Senate Bill 341 (McGuire) Makes several changes to increase oversight and accountability of telecommunications service outages. Status: SB 341 awaits consideration in the Assembly Appropriations Committee. RCRC Status: Support 

 Senate Bill 343 (Allen) Prohibits the sale of any product or packaging using a deceptive or misleading claim about its recyclability, including using the chasing arrows symbol unless CalRecycle determines the product or packaging is recyclable.  Requires CalRecycle to identify the types of plastic products and packaging from which a claim of recyclability may be made. Status: SB 343 awaits consideration on the Assembly Appropriations Committee. RCRC Status: Watch 

Senate Bill 533 (Stern) Electrical corporations: wildfire mitigation plans: deenergization events: microgrids. Requires utilities to discuss in their Wildfire Mitigation Plans efforts to improve their electrical systems, focused on those areas and assets that have been deenergized the greatest number of times.   Status: SB 533 awaits consideration in the Assembly Appropriations Committee. RCRC Status: Support

Senate Bill 619 (Laird) Organic waste: reduction regulations. Will seek to provide local governments with additional flexibility to achieve the state’s organic waste recycling requirements.  Status: SB 619 awaits consideration by the Assembly Appropriations Committee. RCRC Status: Support

Save the Date: RCRC’s 2021 Annual Meeting – Registration Opening Soon

Registration is opening soon for RCRC’s 2021 Annual Meeting!  This year’s conference will be held September 29-October 1 at the Portola Hotel & Spa in Monterey County.

RCRC Fifth Annual Rural County Photo Contest Going On Now

The Rural County Representatives of California (RCRC) is holding its Fifth Annual Rural County Photo Contest from July 1 through July 31, 2021. The contest invites amateur photographers to capture life in rural California by showcasing the beautiful scenery, activities, communities, history, and charm of RCRC’s 37 member counties.

Photo entries should be sent to photocontest@rcrcnet.org. All entries must be received by 11:59 p.m. on July 31, 2021 and must include:

• Location where the photo was taken, including the county in which it was taken; and
• Photographer’s full name and email address.

The grand prize winner will receive a $50 gift card, and the winning image will be displayed during RCRC's Annual Meeting taking place September 29 - October 1, 2021 in Monterey County. Contest details, a printable flyer, and official rules are available here.