The Barbed Wire - October 18, 2024

CalRecycle Releases Revised SB 54 Single Use Packaging Regulations for 15-Day Comment Period

On October 14, CalRecycle released its much-anticipated revisions to SB 54 single-use plastic packaging draft regulations.  The release triggers a 15-day comment period for the public to weigh in on the proposed changes.  The revised regulation text can be found here. 

SB 54 (Allen) of 2022 requires manufacturers of single use packaging and food service ware to take responsibility for the management and recycling of the products they introduce into the stream of commerce.  CalRecycle was required to determine which categories of covered materials are recyclable and compostable and SB 54 requires all local jurisdictions to include those materials identified by CalRecycle in their collection and recycling/composting programs (unless they receive an exemption or extension from CalRecycle).  Those 19 counties with fewer than 70,000 residents (and cities within those counties) may exempt themselves from this requirement.  

RCRC submitted extensive comments to CalRecycle on the initial draft of the SB 54 regulations. CalRecycle incorporated several changes suggested by RCRC to reduce program complexity and clarify that the obligation for local governments to include covered materials in their collection programs begins when CalRecycle approves the producer responsibility organization’s (PRO) plan. CalRecycle rejected RCRC’s efforts to exempt local jurisdictions from CalRecycle enforcement, as was contemplated by the law.

A new addition to the proposed regulation is troubling. Local governments called on CalRecycle to provide more clarity on the process by which the PRO will reimburse local governments.  In response, the regulations charge the PRO will determining whether a cost is reimbursable and the extent to which it may be reimbursed. This process must avoid “unnecessary burden on local jurisdictions”, which is not nearly as protective of local governments as provided in SB 54. If the local jurisdiction disputes the PRO’s determination, it may pursue mediation and binding arbitration, in which the local government and PRO will both have to share the costs of that process. RCRC is deeply concerned that this framework invests the PRO with far too much power and will ultimately hamstring local interest and ability to seek full reimbursement of implementation costs. This is because the cost of pursuing mediation or binding arbitration are generally too high for many local governments to even consider disputing the PRO’s determination.

Comments on the revised draft regulations are due October 29 and can be submitted electronically here.  RCRC will be submitting comments and will work with other local governments and associations in providing feedback to CalRecycle.

For more information, contact RCRC Senior Policy Advocate, John Kennedy.

CPUC Adopts Decision to Improve Utility Distribution Planning

On October 17^th, the California Public Utilities Commission (CPUC) approved new planning and execution processes for the state's three major utilities: Pacific Gas and Electric (PG&E), Southern California Edison (SCE), and San Diego Gas & Electric (SDG&E). This Decision introduces more proactive, data-driven strategies for grid upgrades, using customer energization data and advanced forecasting methodologies to ensure utilities can meet the growing demands of electrification. The new approach is designed to significantly reduce delays in customer projects, allowing them to proceed without having to wait for grid upgrades to be completed.

Last year, RCRC supported Senate Bill 410 (Becker) and Assembly Bill 50 (Wood) that established energization timelines and distribution planning improvements by requiring utilities consider additional data and information in the distribution planning process and coordinate with local and tribal governments and communities. The CPUC’s Decision builds on this by mandating more accurate forecasting, increased transparency through new data reporting requirements, and improved coordination with key stakeholders. Utilities are also tasked with exploring bridging solutions, such as load flexibility and distributed energy resources, to offer temporary or partial services while full grid upgrades are completed. These efforts aim to accelerate grid modernization and provide cost-effective, timely solutions that benefit both customers and communities throughout California.

For more information, contact RCRC Policy Advocate Leigh Kammerich.

Groundbreaking of Salton Sea Species Conservation Habitat Project Expansion

On October 15, U.S. Senator Alex Padilla (D-CA), Chair of the Senate Environment and Public Works Subcommittee on Fisheries, Water, and Wildlife, and Congressmember Raul Ruiz, M.D. (D-Imperial) joined federal and state leaders to celebrate the groundbreaking of the expanded Species Conservation Habitat (SCH) Project, at the south end of the Salton Sea. This project, advanced through the Salton Sea Management Program (SSMP), was made possible after the U.S. Bureau of Reclamation awarded California $70 million from the Inflation Reduction Act for the project last December. 

The expansion of the SCH Project represents a multiagency collaboration to address the ecological challenges facing the Salton Sea. The commitments made by the federal and state governments, as well as from regional agencies, will add 750 acres to the project’s footprint. This support helps set the current project footprint at nearly 5,000 acres with the potential to expand to around 8,000 acres.

Congressmembers Urge DEA to Extend Current Flexibilities for Telemedicine Prescription of Controlled Substances

On October 15, a group of eighteen U.S. Congressmembers, led by Representative Doris Matsui (D-Sacramento) and Earl L. “Buddy” Carter (R-Georgia), urged the Drug Enforcement Administration (DEA) to extend flexibilities for telemedicine prescribing of controlled substances, so that patients continue to have access to care at the start of the new year. 

Congress has repeatedly directed the DEA to create a Special Registration for Telemedicine process, first through the Ryan Haight Online Consumer Protection Act of 2008, and again in with the Substance Use Disorder Prevention that Promotes Opioid Recovery and Treatment for Patients and Communities (SUPPORT) Act in 2018. The DEA has taken important steps to fulfill this statutory obligation. However, several members of Congress are concerned by reports that the draft proposed rule would significantly limit telemedicine prescriptions moving forward. 

Lawmakers wrote, “If the reporting is true, the proposed content of the rule seems misaligned with Congressional intent in authorizing such a Special Registration process. Such a rule may unnecessarily risk care for thousands of patients reliant on telemedicine for critical medications.” 

“Given the gravity of the situation and the impending cliff, we urge DEA to act in a timely manner to extend flexibilities for telemedicine prescribing on controlled substances,” the lawmakers concluded. 

Read the full text of the letter here.  

BULLETIN BOARD

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

Employment Opportunities

Butte County

Butte County is seeking a Deputy Administrative Officer whose responsibilities will include functioning as the County’s Budget Director.  The ideal candidate will have extensive knowledge of County budgets and financial analysis.  The incumbent will be responsible for providing organization-wide leadership related to budgeting and financial planning. Salary Range: $ 130,353- $174,678 Annually.

Position closes October 20,2024 11:59 PM Pacific.

For more information or to apply, see here.

Mendocino County

• County Health Officer - Salary Range: $185,224.00 - $225,139.20 Annually. Position is open until filled. For more information or to apply, see here.
  Under the direction of the Health Services Director, the County Health Officer ensures enforcement of California statutes, regulations, and local ordinances pertaining to the protection of public health; oversees public health programs as pre-scribed by the California Department of Public Health; advises the Board of Supervisors and Health Services Director concerning community health issues; assesses and reports on the County’s health status; and, provides leadership in developing health policy for the County and the community.

Upcoming CARB Regional Listening Sessions on Zero-Emission Space and Water Heaters

The California Air Resources Board is developing statewide standards for new space and water heaters sold in the state and announced listening sessions to be held in September and October to solicit feedback. At these regional listening sessions, CARB staff wish to share information and seek public input regarding 1) needs in rural areas, especially those experiencing extreme temperatures; 2) potential housing impacts from a transition to zero-emission space and water heating, and ways to minimize risks to tenants of increased rental cost or displacement; 3) energy cost implications and strategies for maintaining energy affordability; and 4) access to knowledgeable contractors and high-quality jobs.  For more information, see here. 

Remaining Listening Sessions

Southern California
Date: October 22
Time: 6:00 – 8:00 p.m.
Virtual only. Register

San Mateo County
Date: October 23
Time: 6:00 – 7:30 p.m.
In-person listening session with Climate Resilient Communities
Location: Pal Center. Register

Central California
Date: October 28
Time: 6:00 – 8:00 p.m.
Virtual only. Register

Northern California
Date: October 29
Time: 6:00 – 8:00 p.m.
Virtual only. Register

CARB Upcoming Webinar on Advanced Clean Fleets Exemptions and Extensions

The California Air Resources Board (CARB) will hold a virtual webinar covering Exemptions and Extensions for the Advanced Clean Fleets (ACF) regulation on Friday, November 1st from 1:30-3:30pm. Register here. The ACF regulation applies to fleets performing drayage operations, high priority fleets, and those owned by state, local, and federal government agencies. The regulation affects medium- and heavy-duty on-road vehicles with a gross vehicle weight rating greater than 8,500 pounds, off-road yard tractors, and light-duty mail and package delivery vehicles. Given the large number of participants and questions, CARB encourages questions to be submitted in advance here by Tuesday, October 22nd. For more information, see here. 

Free Technical Assistance on Data Collection for Public Defense Systems

The Center for Justice Innovation, the National Institute for Criminal Justice Reform, and OSPD are offering no-cost assistance to three counties interested in understanding and better addressing their specific data needs related to indigent defense. The project seeks to improve the availability, quality, and use of data in administering indigent defense services. Selected counties will receive assistance on what data points to collect, where and how to access the data, and how to analyze the data for decision-making.  This opportunity is open to counties without an institutional county public defender office.

Learn more about the project and apply here today.  Applications will be reviewed on a rolling basis this summer. Site visits and assistance will begin this fall. 

Critical Funding Opportunity Available to Expand Behavioral Health Services

On July 16, DHCS released the Bond Behavioral Health Continuum Infrastructure Program (BHCIP) Round 1: Launch Ready Request for Applications (RFA). Eligible organizations can apply for funding to construct, acquire, and rehabilitate properties for behavioral health services for Medi-Cal members. DHCS will award up to $3.3 billion in grants to projects that expand community-based behavioral health facilities and services.

This funding aims to address significant treatment gaps by improving access to behavioral health care. Interested parties can find application instructions on the BHCIP website and submit applications by December 13, 2024. This initiative, part of Proposition 1, seeks to transform California’s mental health and substance use disorder systems, providing more comprehensive care for the state’s most vulnerable populations. For more information, contact DHCS at BHTinfo@dhcs.ca.gov. To speak to RCRC about this opportunity, contact RCRC's Policy and Local Assistance Manager, Eric Will.

NCWA Call for Nominations

The Northern California Water Association (NCWA) Board of Directors is calling for nominations in preparation for the next NorCal Water Leaders Program coming in 2025, Please nominate a future water leader from your area by November 15, 2024.

Cultivating strong and knowledgeable leadership in the Sacramento Valley is critical to safeguard Norther California water rights and supplies, and to sustainably manage water supplies for future generations. The program is dependent upon the nomination of individuals who care about the Sacramento Valley and are interested in learning more about our precious water resources. The program aims to inspire and cultivate the next generation of water leaders in the Sacramento Valley with a deeper understanding of the region. the NorCal Water Leaders Program of 2025 will be a seven-month program with half-day seminars at various locations throughout the Valley. each seminar will focus on important water issues affecting Northern California water supplies and water quality.

Details

• Nominations due no later than November 15, 2024
• First seminar held in January 2025
• Meets monthly through July 2025
• Program will include tours

For additional details and the full call for nominations, see here. Send nominations by email to Danyella Ochoa. Include the nominee's name, address, phone number, email address, and any background information about why you have nominated the individual.

Access the State Grants Portal for a Multitude of Funding Opportunities

Billions of dollars are up for grabs to public agencies and other entities, including tribes and businesses. Grant seekers can access a centralized portal of grant and loan opportunities here, or sign up to receive new grant opportunities delivered straight to your inbox

KEEPING UP

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

Marybel Batjer, of Sacramento, has been appointed to the California Wildfire Safety Advisory Board. Batjer has been a Partner at California Strategies since 2021. She was President of the California Public Utilities Commission from 2019 to 2021. Batjer was Secretary of the California Government Operations Agency from 2013 to 2019. She was Vice President of Public Policy and Corporate Social Responsibility at Caesars Entertainment Inc. from 2005 to 2013. Batjer was Cabinet Secretary in the Office of Governor Arnold Schwarzenegger from 2003 to 2004. She was Chief of Staff in the Office of Nevada Governor Kenny Guinn from 2000 to 2003. Batjer was Executive-in-Residence of Hotel Management and Casino Operations at the Mirage from 1998 to 2000. She was Undersecretary at the California Business, Transportation and Housing Agency from 1997 to 1998. Batjer was Chief Deputy Director at the California Department of Fair Employment and Housing from 1992 to 1997. She was a Special Assistant to the U.S. Secretary of the Navy from 1989 to 1993. Batjer was a National Security Affairs Special Assistant to President Ronald Regan from 1987 to 1989. She earned a Bachelor of Arts degree in Administration and Legal Processes from Mills College at Northeastern University. This position does not require Senate confirmation and there is no compensation. Batjer is a Democrat.

Joe Shea, of Los Angeles, has been appointed Assistant Secretary for Salton Sea Policy at the California Natural Resources Agency. Shea has served in several positions at the Office of Governor Gavin Newsom since 2019, including Deputy Cabinet Secretary since 2022, Assistant Cabinet Deputy, and Special Assistant to the Governor. He was a Special Consultant for the California Governor-elect Gavin Newsom Transition from 2018 to 2019. From 2017 to 2018, Shea held multiple positions with Newsom for California Governor 2018, including Southern California Field Director and Northern California Organizer. He earned a Bachelor of Arts degree in Public Policy from the University of Michigan. This position does not require Senate confirmation and the compensation is $168,000. Shea is a Democrat.
 

WEEKLY NEWS CLIPS

RCRC press releases and related news clips about RCRC and our member counties. Please note that a subscription may be required to read some external publications.

Testimony: Building Drought Resiliency for California’s Water Supply Systems—The Role of Permitting Reform – Public Policy Institute of California

PPIC Water Policy Center senior fellow Ellen Hanak testified at the Assembly Select Committee on Permitting Reform on October 16, 2024. Here are her prepared remarks.

New state law addresses affordable housing crisis on tribal lands – The Mendocino Voice

According to a report by the California Coalition for Rural Housing, 23.3% of people in tribal communities pay more than 30% of their income on rent and utilities. And according to the latest Mendocino County Point-in-Time (PIT) homelessness survey, homelessness among county tribes has tripled since 2023 and almost quadrupled since 2022.

Reducing Fire Risk in the Headwaters of California's Rivers – American Rivers

Hand-thinning. Mastication. Prescribed Fire. In the Yuba River watershed, these methods are being used to manage the forests of the Sierra Nevada and create climate resilience, enhance public safety, and most relevantly to the name and mission of American Rivers, protect river health by reducing wildfire risk.