The Barbed Wire - March 20, 2020

Office of Administrative Law Rejects SB 1383 Organics Regulations

On Tuesday, CalRecycle officially announced that their long-awaited final regulations implementing 2016’s Senate Bill 1383 (Lara) - a bill designed to reduce short-lived climate pollutants from organic waste - was disapproved by the state’s Office of Administrative Law (OAL).  The regulations have been in development since early 2017, with RCRC providing detailed comments and helping carve out certain exemptions for rural counties throughout the process.

The decision by OAL includes requests for numerous technical and clarifying changes to the final regulations, which were expected to be finalized this month.  CalRecycle will be required to work with OAL to make the necessary changes, then release a modified version of the regulations to the public for another 15-day comment period on the modifications.  CalRecycle staff is currently working on the changes and consulting OAL on the proper way to conduct a comment period during the current conoravirus (COVID-19) conditions. 

The OAL’s Decision of Disapproval can be viewed here.

Bill of the Week: H.R. 5334 - Funding Our Roads and Ecosystems Sustainably Together (FOREST) Act

RCRC strongly supports the Funding Our Roads and Ecosystems Sustainably Together (FOREST) Act, authored by Representative Salud O. Carbajal (D-Santa Barbara) and co-authored by Representative Doug LaMalfa (R-Richvale). The bipartisan FOREST Act would allocate dedicated funds to maintenance and repair of USDA Forest Service (USFS) national forest system roads.

California experiences an increasing number of catastrophic wildfires and maintaining national forest system roads is imperative for fire suppression. The FOREST Act is a vital step in ensuring that not only are the conditions of the roads addressed, but that the USFS budget remains intact so that it can continue vital forest management and fuels treatment projects to prevent future catastrophic fire events.

RCRC’s support letter can be accessed here. For more information, Staci Heaton, RCRC Senior Regulatory Affairs Advocate, can be reached at (916) 447-4806 or sheaton@rcrcnet.org.

Butte Creek Ecosystem Restoration Showcased in New Film

Sharing Butte Creek, a new film unveiled in early March, showcases the collaborative efforts that have led to the ecosystem restoration of Butte Creek.

Early growth of farms and cities, and the resulting increased demand for reliable water supplies and flood control, led to dams and levees along California’s waterways, erasing the flood plains and blocking migratory pathways of salmon and other species. Recognizing a problem, landowners, urban and agricultural water managers, conservationists and state and federal officials partnered to move from a system focused solely on supply for rice growers, to a system that works to the benefit of multiple species in the region.

The Butte Creek project, spanning more than two decades, is an example of how complex ecosystem problems can be solved through partnership and collaboration. The Butte Creek Watershed extends to several of our member counties including: Butte, Colusa, Glenn, Sutter, and Tehama. More information and the film can be found here.

Economic Development Resources for Communities and Businesses Impacted by the Coronavirus

The California Association for Local Economic Development (CALED) has assembled information on programs, resources, response techniques, and tips that may assist business retention efforts during this time. To visit a page on the CALED website devoted exclusively to resources for communities and businesses impacted by the coronavirus (COVID-19), click here. The page will be continually evolving as new resources become available.

Executive Order Expands Teleconference Meetings Under the Brown Act

On March 17th, Governor Newsom issued the second of two Executive Orders conditionally suspending certain Brown Act provisions to allow local agencies to hold public meetings "virtually" through teleconferencing, without any physical gathering of people. (The first Executive Order had required agencies to provide at least one physical location from which members of the public could participate in the meeting. The March 17th Order eliminated this requirement.)

Legislative body meetings must still be publicly noticed in accordance the Brown Act, and the agency must provide a means for the public to observe the meeting and provide public comment electronically or telephonically. (For example, livestreaming the meeting and accepting comments by email, similar to a webinar, or allowing the public to dial into the meeting conference call and be "unmuted" during public comment.)  The opportunities for public observation and participation must be included in the meeting notice, and the agency is also required to establish a process for receiving and resolving any requests for reasonable accommodation to allow accessibility to persons with disabilities.  These provisions will remain in effect "during the period in which state or local public health officials have imposed or recommended social distancing measures."

The Executive Order admonishes public agencies to "use sound discretion" in applying these provisions, and counties would be well-advised to defer controversial matters that are not time-critical until normal Brown Act meetings can be resumed.

RCRC member County Counsels are welcome to contact RCRC General Counsel Arthur Wylene if there are any questions.

Property Taxes Payment Dates Must Be Adhered To/Counties Can Waive Penalties and Interest

A policy document has been prepared by the California Association of County Treasurers/Tax Collectors (CACTTC)outlining that the April 10th 2^nd installment due date for collection of property taxes cannot be moved.  This analysis is due to significant financial obligations for counties in the weeks immediately after April 10^th. However, CACTTC’s position is there is sufficient existing authority to waive penalties and interest for those individuals who cannot pay on/before April 10 due to circumstances associated with the coronavirus (COVID-19).  The policy document is available here.

Keeping Broadband Access

On Friday, Federal Communications Commission Chairman Ajit Pai emphasized the importance of keeping Americans connected as the country experiences serious disruptions caused by the coronavirus (COVID-19) outbreak. During a call with broadband and telephone service providers and trade associations, Chairman Pai asked them to take the Keep Americans Connected Pledge. The Keep Americans Connected Pledge reads as follows:

1. Not terminate service to any residential or small business customers because of their inability to pay their bills due to the disruptions caused by the coronavirus pandemic;

2. Waive any late fees that any residential or small business customers incur because of their economic circumstances related to the coronavirus pandemic; and,

3. Open its Wi-Fi hotspots to any American who needs them. Shortly after the announcement, Verizon announced it would follow the pledge and waive late fees. AT&T followed suit along with over 75 U.S. telecommunications companies and trade associations.

Shortly after the announcement, Verizon announced it would follow the pledge and waive late fees. AT&T followed suit along with over 75 U.S. telecommunications companies and trade associations.

Rural Broadband Equipment

Last week, President Trump signed the Secure and Trusted Communications Networks Act (H.R. 4998) that will, in the months ahead, help rural telecom companies replace equipment from Chinese telecom giant Huawei and other firms deemed a threat to national security. H.R. 4998 establishes a reimbursement fund to offset replacement costs for telecom companies with fewer than 2 million customers, creates a program to share threat intelligence with those and other telecoms, and prohibits the Federal Communications Commission from offering Universal Service Fund subsidies for risky equipment. Section-by-Section summary of the bill is available here.

Cannabis Banking

With Congress focused on efforts to stabilize the financial markets in response to the coronavirus (COVID-19) outbreak, the odds for progress on the Secure And Fair Enforcement Banking Act have been particularly narrowed. Before the COVID-19 pandemic hit the U.S., the banking industry had been pushing an already tight timeline to get a bill passed before the November General Election. Last week, more than a dozen major trade groups and advocacy organizations sent a letter to the Chair of the Senate Banking Committee, Chairman Mike Crapo (R-Idaho), urging that he advance a bill protecting financial institutions that service state-legal marijuana businesses from being penalized by federal regulators. This is the first of many letters that Chairman Crapo has received from industry advocates. Just earlier this month, banking associations from 49 states and Puerto Rico reached out and called for the passage of legislation to resolve the issue. Read more on the prospects of Cannabis Banking here.

Judicial Council Considering Capital Outlay Plan

The Judicial Council will be holding its regular business meeting via teleconference on Tuesday, March 24. A live videolink will be made available just before the start of the 9 a.m. meeting on the Council’s homepage; comments may be submitted electronically as detailed here.

Of particular note at next week’s meeting is proposed action on the judicial branch’s five-year infrastructure plan. Once approved, this plan will move to the Department of Finance. A table in the report (see page 5) that follows the staff memo found at the immediately preceding link details recommended trial court construction and renovation project priorities, listing a total of 33 projects slated to begin over the next five years with an estimated cost of over $5.3 billion. A number of projects in RCRC counties appear in the first and subsequent phases of the infrastructure plan.

Statement of Economic Interests (Form 700): Electronic Filing Encouraged - Due April 1st

The Fair Political Practices Commission (FPPC) encourages form filers who have access to an electronic Form 700 filing system to take advantage of its use. If electronic filing is not available, filers are encouraged to submit Form 700s by mail rather than in person in light of the current pandemic. Statements postmarked on or before the filing deadline, Wednesday, April 1, 2020, are considered timely filed.

To access FPPC’s electronic Form 700 filing system, click here . If you have an advice question related to Form 700, please e-mail form700@fppc.ca.gov or call (916) 322-1052 and leave a message.

Sustainable Groundwater Management Act (SGMA) Update

In September 2014, Governor Brown signed a package of measures collectively referred to as the “Sustainable Groundwater Management Act” (SGMA). These measures created the framework for local agencies to organize themselves and develop Groundwater Sustainability Plans (GSPs) tailored to the needs of the basins/sub-basins in their region.

To implement their obligations under SGMA, local agencies, including many counties, formed Groundwater Sustainability Agencies (GSAs) and, generally, are focused on developing GSPs to reach “sustainability” of the underlying basins within 20 years. For those basins/sub-basins designated as critically over-drafted, the GSPs were due to the Department of Water Resources (DWR) by January 31, 2020; for basins designated as high- or medium-priority, basin plans are due on January 31, 2022.

In a demonstration of the seriousness of not meeting obligations required under the Sustainable Groundwater Management Act (SGMA), last Friday, the Department of Water Resources (DWR) announced that Madera County will not be receiving the $500,000 grant it had requested to assist with well installation for groundwater monitoring on behalf of groundwater sustainability agencies in the Madera sub-basin. As recently as 24 January 2020, the DWR staff had recommended awarding the full amount. However, with the inability of one sub-basin GSA in Madera County to achieve a signed coordination agreement, as required under the SGMA, DWR reversed its recommendation for funding. The draft funding list is available here.

Bulletin Board

CPUC Seeks Volunteers for Home Internet Study

The California Public Utilities Commission (CPUC), in partnership with the Geographical Information Center (GIC) at the California State University, Chico, and the California State University, Monterey Bay, are seeking volunteers to take part in the first statewide effort to collect quality measurements of local broadband speeds utilizing the new CalSPEED Home Measurement Device.

The CPUC will use data gathered to provide critical information to state policymakers interested in broadband issues, such as universal service and the closing the digital divide. This information can also be utilized to provide money saving information to consumers.

Interested volunteers can sign up by completing a survey, which can be accessed here.

Fish and Game Commission Proposes Public Use Changes to Wildlife Areas, Public Lands, and Ecological Reserves

The California Fish and Game Commission (Commission) is a Gubernatorially-appointed body with regulatory authority over the state’s public lands and wildlife conservation. In January, the Commission released a regulatory proposal to make public use changes to California Department of Fish and Wildlife’s lands, including designating recently acquired lands and removing properties the Department no longer possesses or manages.

The proposal includes designating one property as a wildlife area, seven properties as ecological reserves, and making other site-specific changes that generally impact public access and/or public safety on these managed lands in various RCRC member counties, including Inyo, Mono, San Luis Obispo, Napa and Sonoma counties.

The Commission held one public hearing on this proposal in February, and will hold another at its April 16th hearing at 8am in Sacramento to accept comments orally or in writing.

Deadline Extended: Wildfire Resiliency and Recovery Planning Grant Program

In light of the evolving coronavirus (COVID-19) situation, the Governor’s Office of Planning and Research (OPR) and the California Strategic Growth Council (SGC) are working on a plan to extend the deadline to submit applications for the Wildfire Resiliency and Recovery Planning Grants.  Although the new submission deadline has not yet been confirmed, there will be a minimum three-week extension to the original March 18th deadline.  Once a revised submission deadline has been established, all applicants who have started applications on the Grants Review and Tracking System application platform will receive a notification from OPR/SGC.

Economic Development Resources for Communities and Businesses Impacted by the Coronavirus

The California Association for Local Economic Development (CALED) has assembled information on programs, resources, response techniques, and tips that may assist business retention efforts during this time.   To visit a page on the CALED website devoted exclusively to resources for communities and businesses impacted by the coronavirus (COVID-19), click here. The page will be continually evolving as new resources become available.

Support for Infectious Disease Response

In an effort to help you manage services in your communities during these uncertain times, please see the Quick Guide to CDBG Eligible Activities to Support Infectious Disease Response here.

Small Business Administration Coronavirus Disaster Loan Program

The U.S. Small Business Administration (SBA) is now accepting applications for low-interest federal disaster loans for Economic Injury Disaster Loans for small businesses and private, non-profit organizations in designated California counties and other states to help alleviate economic injury caused by the coronavirus (COVID-19). At the time of this writing, all fifty-eight (58) California counties are designated as eligible. To apply, please visit SBA’s Disaster Loan Assistance portal here.

Keeping Up

MWD’s Long-time Leader to Step Down

Last week, Jeffrey Kightlinger announced his plans to leave his top position at the Metropolitan Water District of Southern California (MWD). For the past 14 years, Mr. Kightlinger has served as General Manager of MWD, one of the state’s largest water wholesalers that provides water for most of Southern California’s water needs. The announcement and succession plan can be accessed here.