The Barbed Wire - November 22, 2024

RCRC's Barbed Wire on Hiatus for Thanksgiving Holiday

Next week, the Barbed Wire will be on hiatus, Friday, November 29th, for the Thanksgiving holiday. The Barbed Wire will return on Friday, December 6th, to bring you the latest legislative and regulatory news impacting California's rural counties.

Court Grants RCRC Request to Publish CEQA Case Concerning In-Fill Development in Rural Cities

On November 18^th, California’s Sixth Appellate District Court of Appeal granted a request by RCRC and the California State Association of Counties to publish its decision in Working Families of Monterey County v. King City Planning Commission (Case No. H051232).

In April 2021, Grocery Outlet proposed building a new grocery store in King City.  Objecting to the project, a representative of the United Food and Commercial Workers Local 5 challenged the Planning Commission approval and use of a Class 32 CEQA categorical exemption for in-fill development.

Under CEQA, the Class 32 categorical exemption applies to in-fill development projects consistent with applicable general plan designations, policies, and zoning, occurs within city limits on a site no larger than five acres that is substantially surrounded by urban uses, and meets other environmental requirements. 

Project opponents argued the project did not qualify for the CEQA exemption.  Opponents tried to limit the exemption’s applicability to larger population, urbanized areas and sites that had previously been developed for “qualified urban uses.”  Project opponents appealed their loss at the Superior Court.  The Sixth District Court of Appeal issued its decision rejecting the opponents’ arguments in October 2024.  The court rejected opponents’ efforts to import new terms and definitions limiting the scope of the Class 32 exemption to urbanized areas.  As noted in the RCRC/CSAC request for publication, the regulatory history indicated that the exemption was crafted to enable its use in rural and lower-population communities.

While the decision was favorable, the court’s failure to publish the opinion meant that it could not be cited or relied upon in other similar cases.   RCRC and CSAC requested publication of the decision because it provided much needed clarification as to the scope of the Class 32 categorical exemption for in-fill development and its application in rural cities. 

Importantly, the decision also embraced the Legislature’s intent that CEQA should not be interpreted "in a manner which imposes procedural or substantive requirements beyond those explicitly stated" in the statute.  The Little Hoover Commission recently encouraged the Legislature and courts to reaffirm this intent.

As a published opinion, Working Families of Monterey County v. King City Planning Commission can be cited and is binding upon lower courts.

For more information, contact RCRC General Counsel Arthur Wylene.

LAO Releases Fiscal Outlook for California’s 2025-2026 Budget

On November 20, 2024, the Legislative Analyst’s Office (LAO) released the annual fiscal outlook for California’s 2025-26 Budget. Legislators took action during the 2024-25 budget process to address an anticipated deficit in the 2025-2026 budget year. While the broader economy has been sluggish, high-income Californians have seen significant income growth, driven significantly by stock market gains. This increase has led to unanticipated income tax revenues; however, the reliance on stock market performance makes the sustainability of this revenue growth uncertain at best. This higher-than-anticipated revenue growth has resulted in a roughly balanced budget for 2025-2026, in the view of the LAO, with a smaller projected deficit of $2 billion. Despite the revenue growth, increased costs and spending still present significant challenges for California’s rural counties. RCRC counties, which often rely on agriculture, tourism, and natural resources may not benefit equally from the income growth seen in their high-income urban counterparts.

While the 2025-2026 budget outlook is considered to be relatively balanced compared to 2024-25, the LAO anticipates very little room for expanding existing programs or funding of new initiatives or programs. Additionally, significant pressures on rural counties in healthcare and social services, areas in which costs continue to rise, could further exacerbate economic disparities in the long-term. RCRC will continue to advocate strongly for the long-term and short-term fiscal needs of our member counties as the 2025-2026 budget process unfolds. The LAO’s Fiscal Outlook for 2025-2026 is available here.

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

USDA Announces More than $2 Billion to Strengthen Specialty Crops Sector, Expand Crop Storage for Producers Following 2024 Natural Disasters

On November 19, 2024, Agriculture Secretary Tom Vilsack announced the creation of new programs that will help farmers who grow fruits, vegetables, and nuts overcome market barriers for their products, and help producers access necessary pre-market storage for their crops following severe weather events, including recent hurricanes. Specifically, the new Marketing Assistance for Specialty Crops initiative will provide $2 billion to assist specialty crop growers in maintaining a strong domestic supply and expanding market opportunities for their crops. USDA is also creating the Commodity Storage Assistance Program, which will provide $140 million to help producers gain access to a packinghouse, grain elevator, or other facility necessary for the marketing of agricultural commodities. This program is designed for farmers nationwide due to disaster-related challenges. USDA anticipates that applications for both programs will open in December 2024.  

Padilla Conservation, Public Lands, Wildfire, and Water Bills Advance in Senate

 On November 19, 2024, U.S. Senator Alex Padilla (D-CA) announced that the Senate Committee on Energy and Natural Resources (ENR) advanced 10 bills he introduced to conserve California public lands, mitigate wildfire risk, expand the use of prescribed fire, strengthen drought resiliency, and support wildlife. The bills, which include the following, will now be considered by the full Senate. 

Fire Safe Electrical Corridors Act: The Fire Safe Electrical Corridors Act, co-led by Senator Padilla, would allow the U.S. Forest Service to approve the removal of hazardous trees near power lines on federal forest lands without requiring a timber sale, thereby easing the removal of hazardous trees and reducing the risk of catastrophic wildfire. Three of the largest and most destructive wildfires in California history — the 2017 Thomas Fire, the 2018 Camp Fire, and the 2021 Dixie Fire — were started by electrical equipment. The legislation advanced as part of the Promoting Effective Forest Management Act of 2023 (S. 2867) led by Senator John Barrasso (R-WY). 

Sacramento RIVER Act: This bipartisan legislation (S. 5011) would support ecosystem restoration, drought resiliency, and water conservation in the Sacramento River watershed. This bill would authorize the Interior Department to create a federal leadership committee to strengthen federal coordination of ecosystem restoration among regional, local, and national stakeholders in the Sacramento River Basin, ensuring alignment on strategy, vision, and execution of habitat restoration projects to support a wide array of at-risk species. Representative Doug LaMalfa (R-CA-01) is leading companion legislation in the House of Representatives. Full text of the measure is available here. 

National Prescribed Fire Act: The National Prescribed Fire Act (S. 4424), led by U.S. Senator Ron Wyden (D-OR) and co-led by Senator Padilla, would support pre-fire season prescribed burns as an essential, science-based strategy to save lives and property. The bill would invest in hazardous fuels management to reduce the risk of catastrophic wildfires by increasing the pace and scale of prescribed burns during cooler, wetter months. The legislation would create a technically skilled prescribed fire workforce and streamline smoke regulations during winter months to reduce catastrophic fires and smoke in the summer. Representatives Kim Schrier (D-WA-08) and David Valadao (R-CA-22) are leading companion legislation in the House of Representatives. Full text of this measure is available here. 

Joshua Tree National Park Expansion Act: This legislation (S. 4227) would expand Joshua Tree National Park by approximately 20,149 acres by amending the late Senator Dianne Feinstein’s 1994 California Desert Protection Act, which originally established the park. The expansion is recommended by the National Park Service. Senator Laphonza Butler (D-CA) is co-sponsoring the legislation. Full text of the measure is available here. 

Mojave National Preserve Boundary Adjustment Act: This legislation (S. 4222) would expand the Mojave National Preserve, established by the 1994 California Desert Protection Act, by approximately 20,000 acres to encompass the existing Castle Mountains National Monument. Doing so would allow the National Park Service to more effectively safeguard land within the Mojave Desert and better conserve and protect the Castle Mountains. Full text of the bill is available here. 

San Joaquin River Restoration Program Funding Cap Increase: To further support the ongoing implementation of the San Joaquin River Restoration Program (SJRRP), this bipartisan legislation (S. 5005) would raise the cap on federal appropriations for the program by $500 million while increasing the authorization of appropriations for Friant Division canal improvements. The SJRRP is a comprehensive, long-term effort in the Central Valley to restore flows to the San Joaquin River from Friant Dam to the confluence of the Merced River and restore a self-sustaining Chinook salmon fishery in the river, while reducing or avoiding adverse water supply impacts from restoration flows. The legislation is cosponsored by Senator John Hoeven (R-ND). Full text of the bill is available here. 

RCRC AFFILIATE ENTITIES

Updates regarding the important work of RCRC's affiliated entities, providing innovative services for the benefit of rural communities.
 

Public Review Period Extended for the Draft Environmental Impact Report for GSNR’s Forest Resiliency Project

On November 7, Golden State Finance Authority approved an extension of the public review period for the Draft Environmental Impact Report (DEIR) for Golden State Natural Resources’ (GSNR) proposed forest resiliency demonstration project from 60 days to 90 days to allow additional time for review and comment. This DEIR is a key component of the environmental review process for GSNR’s proposed project, which seeks to enhance California’s forest resiliency by sustainably collecting and processing excess biomass. The 90-day public review period, which began on October 22, 2024, will now conclude on January 20, 2025, offering an opportunity for the community to assess and comment on the report's findings and recommendations before its finalization.

"GSNR’s proposed project is crucial for advancing forest treatment efforts in California which will strengthen forest resiliency to catastrophic wildfire and safeguard communities,” said GSNR Board Chair and Inyo County Supervisor Matt Kingsley. “We hope this extension will provide the public with even greater opportunity to participate in the DEIR review process and look forward to hearing from the community regarding this important project.”

See the press release here. For details about the DEIR for GSNR’s proposed forest resiliency demonstration project, including information on the 90-day public review period and how to submit comments visit the GSNR website here.

BULLETIN BOARD

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

NCWA Accepting Nominations for Will S. Green Award - Due January 15

The Will S. Green Award is presented annually by the Northern California Water Association Board of Directors to an individual who has devoted their life to the promotion and advancement of irrigation and regional sustainability in the Sacramento Valley. The criterion for the award is intentionally broad. Nominations should be submitted by January 15, 2025, to dochoa@norcalwater.org. Please provide a simple narrative (approximately 1-2 pages) describing how the nominee has “devoted their life to the promotion and advancement of irrigation and regional sustainability in the Sacramento Valley.” The NCWA Board of Directors will review all nominations and select the recipient, who will be recognized at the NCWA Annual Meeting on March 7, 2025. For background and additional information, see here.

Save the Date for Calforests 2025 FSI Conference, February 11-12

Save the Date for the California Forestry Association (Calforests) Forestry Strategies and Innovations (FSI) Conference 2025, where Calforests will bring together leaders from California’s public, private, nonprofit, tribal, economic, and environmental sectors to spark critical conversations about forest management, wildfire protection, and sustainability.

Attendees have the chance to: 

• Collectively evaluate and improve best practices
• Share important knowledge and innovations
• Engage with key stakeholders to find out how to work collaboratively

Date: February 11-12, 2025
Location: Sacramento

See here for more information.

Employment Opportunities

Great Basin Unified Air Pollution Control District

• Air Pollution Control Officer - Salary Range: Contracted ($12,740 to $17,073/month DOE). Application, resume, and cover letter much be received by 5 pm Sunday, December 8, 2024. For full details or to apply, see here.

  Under policy direction of the Regional Governing Board of the District, the Air Pollution Control Officer plans, organizes, coordinates and directs through management and supervisory staff, all District functions and activities. 

  This position has overall responsibility for policy development, administration, financial management, enforcement, permit, technical, planning and public information functions of the District. The incumbent is responsible for accomplishing all District goals and objectives in an effective and efficient manner. This includes challenges unique to this District and position, such as the air pollution issues at Owens and Mono Lakes and the large, sparsely populated nature of the District. 

  Knowledge of air quality programs and regulations; principles, practices and research methods related to the analysis and control of air pollution; social, political and environmental issues influencing air quality management programs; applicable federal and state laws, and rules and regulations is preferred.

  Great Basin Unified Air Pollution Control District is an Equal Opportunity Employer.

Critical Funding Opportunity Available to Expand Behavioral Health Services - Applications Due by December 13th

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.

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.

William S. Abramson, of Plumas County, has been appointed to serve in an interim appointment as a Judge in the Plumas County Superior Court. Abramson has been a Sole Practitioner since 1996. He earned a Juris Doctor degree from the Southwestern University School of Law. He fills the vacancy created by the retirement of Judge Janet Hilde. The Governor’s appointment allows him to immediately assume the position he was otherwise elected to begin in January 2025. Abramson is registered without party preference.

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.

California regulators back off planned groundwater crackdown – E & E News

State water regulators, on November 15th, canceled their scheduled vote to take over groundwater planning for an agricultural region of the San Joaquin Valley, saying they needed more time to review whether they even needed to take over after local officials made their plan more stringent.

California water agency set to vote on $141 million for Delta tunnel – Los Angeles Times

The powerful board of Southern California’s largest urban water supplier will soon vote on whether to continue funding a large share of preliminary planning work for the state’s proposed water tunnel in the Sacramento-San Joaquin River Delta.

New California wolf pack discovered roaming 50 miles from Lake Tahoe – San Francisco Chronicle

A new pack of wolves has been confirmed in California’s Sierra Valley, a mountainous area about 50 miles north of Lake Tahoe in the vicinity of Plumas County, marking another step forward in the remarkable comeback of wolves.