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E-112 - Tuesday, November 12, 2019, presented by SYASLPartners
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IN TODAY'S NOONER:
Well, that was a helluva Monday Night Football game last night although I still hate the NFL's overtime rules. Today, Megan Dahle will be sworn in to the Assembly following her election to the AD01 vacancy last week. The vacancy was created by her husband Brian Dahle's election to the State Senate after Ted Gaines was elected to the Board of Equalization last year.
THE CAPITOL: In the Bee, Hannah Wiley reports that with a planned move from the Capitol Annex to the temporary building under construction at 10th and O streets, lawmakers continue to request funds for office remodels. Wiley writes:
"Within two years, lawmakers are expected to move out of the decades-old building attached to the east side of the Capitol and into the temporary building under construction on 10th and O streets. The temporary space is scheduled for completion in November 2021 and will cost more than $400 million. It’s projected to be 10 stories and large enough to house more than 1,250 legislative and executive branch staff, according to plans for the project.
It’s unclear at this point when the separate annex project will be completed, or whether the current structure will be renovated or torn down, said Debra Gravert, chief administrative officer for the Assembly. Former Gov. Jerry Brown set aside last year up to $755 million to fix the six-story structure."
DACA: This morning, the Supreme Court of the United States heard arguments in Department of Homeland Security vs. Regents of the University of California over the Trump Administration's repeal of the Deferred Action for Childhood Arrivals program. The case is consolidated with two other cases filed in New York and Washington, DC. The cases argue that DHS didn't follow the Administrative Procedures Act. In opposition, the federal government argues that DACA is not subject to judicial review as it's under the plenary power of the Executive and Legislative branches.
SCOTUS watcher Amy Howe writes that it was difficult to read the judges in this morning's argument. Attorney General Xavier Becerra and former Assembly speaker John A. Pérez, who now chairs the UC Board of Regents, attended the arguments.
The Northern District of California and Ninth Circuit Court of Appeals held that the matter was subject to judicial review and that the Administrative Procedures Act, which guides processes for federal administrative decisions, including notice and stakeholder meetings was not followed.
Zaidee Savely writes for EdSource, "There are an estimated 1,700 students with DACA status enrolled in the 10-campus UC system. There are an estimated 50,000 to 70,000 undocumented students enrolled in the state’s 115 community colleges and about 9,500 at California State University’s 23 campuses. About half of those students are estimated to have DACA status."
For CalMatters, Dan Morain writes:
"Dulce Garcia will be in the audience alongside Attorney General Xavier Becerra today when the U.S. Supreme Court hears arguments on a case that will determine whether Garcia and 700,000 other people who came to this country as children are deportable.
Garcia arrived in California at age 4 with her parents in 1987, and registered under the Obama administration’s 2012 Deferred Action for Childhood Arrivals program."
This morning, President Trump tweeted "Many of the people in DACA, no longer very young, are far from “angels.” Some are very tough, hardened criminals. President Obama said he had no legal right to sign order, but would anyway. If Supreme Court remedies with overturn, a deal will be made with Dems for them to stay!"
Of course, conviction of a felony, significant misdemeanor, or three or more misdemeanors disqualifies an applicant for DACA status.
The LAT profiles several DACA recipients "They are doctors and pharmacists, business owners and students who were brought to the United States as children, unaware that they had entered illegally or on visas that later expired. Without legal status, their hopes for the future were dim."
PG&E: Tomorrow is a key hearing in the court overseeing the Pacific Gas & Electric bankruptcy proceedings, report Mark Chediak and Scott Deveau for Bloomberg.
"Bankrupt utility giant PG&E Corp. is trying to offer $13.5 billion in compensation to the victims of wildfires sparked by its power lines as part of a restructuring plan, according to people with knowledge of the situation.
In doing so, the San Francisco-based power company would be providing the same amount that a group of its creditors -- led by Pacific Investment Management Co. and Elliott Management Corp. -- has agreed to pay victims in a rival reorganization proposal, said the people, who asked not to be identified because the negotiations are private. The two sides are at odds, however, over how to structure the payout and how much should come in the form of cash and stock, they said."
Meanwhile, the Washington Post tallied up contributions to Gavin Newsom and Jennifer Siebel Newsom: "[O]ver the past two decades, Newsom (D) and his wife have accepted more than $700,000 from the Pacific Gas & Electric Co., its foundation and its employees as the utility has supported his political campaigns, his ballot initiatives, his inauguration festivities and his wife’s foundation, including her film projects, according to records reviewed by The Washington Post."
BUTTE COUNTY: For KQED, Michelle Wiley reports why efforts to house homeless in Chico following the Camp Fire have failed over NIMBYism.
SOLAR: In the LAT, Sammy Roth reports that the first-in-the-nation solar mandate on new construction may be met by developers contracting with solar farms rather than putting panels on rooftops.
"Under a proposal from the Sacramento Municipal Utilities District, home builders could choose to take credit for electricity generated by existing solar farms, instead of building houses with rooftop panels. Homeowners or renters would receive guaranteed energy bill savings of at least $5 per kilowatt of solar power a year, or about $20 annually for a typical household."
More after the jump...
HOME KITCHENS: For CapRadio, Scott Rodd reports on the growth in food sales from home kitchens around the state. Rodd writes:
"The law aims to create an entry point into the food industry for amateur chefs — especially immigrants, women and people of color. Cooks in California have been selling food under the radar for years, and for some it’s a vital source of income, even though they risked fines and criminal penalties. The home kitchen law creates a legal pathway for amateur chefs to sell their wares, and lowers the risk for them to try launching a food venture.
State lawmakers left it up to counties to implement the program and regulate home kitchens. So far, only Riverside County has started issuing permits, but proponents are optimistic the law will expand to other counties. In October, Gov. Gavin Newsom signed legislation that clarified technical aspects of the law, mainly related to health oversight."
Sacramento County needs to get to work on this to get people out of the shadows.
BOATING: Despite numerous recommendations on improving small boat safety over the years, Richard Winton and Mark Puente report for the Times that the Coast Guard has not implemented them.
"For years, small passenger vessels have gone up in flames for a variety of reasons, prompting repeated calls by the National Transportation Safety Board to improve fire-safety measures.
But a Times review of federal documents spanning nearly 20 years shows that the U.S. Coast Guard, which has the sole authority to mandate safety measures, has often rejected the board’s recommendations.
The NTSB found that issues such as an electrical malfunction, a poorly maintained fuel line and a failed cooling pump had caused fires aboard small vessels over the past 20 years. But the safety panel also concluded that a lack of preventive maintenance and fire training for crew members had contributed to the blazes."
Meanwhile, a widow who lost her husband in the Labor Day Conception disaster off Santa Cruz Island has filed a lawsuit against the boat's owner.
DAM IT: Two years after the failure of the Oroville Dam spillway, the SDUT reports on California dams that are in poor condition. "In California, six high-hazard dams were rated as poor or unsatisfactory, including Oroville, which failed in 2017 and prompted mass evacuations downstream. Crews have since been repairing the dam and it is now listed in “fair” condition, according to California inspectors. The other dams were Kelley Hot Spring in Modoc County; North Fork in Santa Clara County; Misselbeck in Shasta County; Moccasin Lower in Tuolumne County; and Matilija, a dam in Ventura County slated for removal."
GUN LIABILITY: This morning, the Supreme Court of the United States allowed a lawsuit against gun-maker Remington to forward by victims of the Sandy Hook massacre, reports the Associated Press.
"The court's order allows the lawsuit filed in Connecticut state court by a survivor and relatives of nine victims who died at the Newtown, Connecticut, school on Dec. 14, 2012 to go forward.
The lawsuit says the Madison, North Carolina-based company should never have sold a weapon as dangerous as the Bushmaster AR-15-style rifle to the public. Gunman Adam Lanza used it to kill 20 first graders and six educators. It also alleges Remington targeted younger, at-risk males in marketing and product placement in violent video games. Lanza was 20 years old."
The case is Remington Arms Co. v. Soto.
Meanwhile, victims of the Gilroy Garlic Festival shooting are suing organizers of the event alleging lax security. The event had metal detectors, but the gunman cut through a fence in the tragedy.
"If the state legislature and governor so blithely ignore the state constitution on a high-profile matter, why should any of us respect that document?
The answer is: we shouldn’t. California badly needs a new constitution—or any constitution that is worth reading."
KAMALA: With a new Quinnipiac Poll out showing Senator Kamala Harris with only 1% support in New Hampshire, folks are starting to ask if she will withdraw by the December 26 deadline for the California ballot to avoid an embarrassment in her home state, particularly with former Massachusetts governor Duval Patrick seriously considering a bid. If Patrick gets in, it will be a rebuff of Joe Biden given Patrick's close relationship with Barack Obama and confidant Valerie Jarrett.
In the Bee, Bryan Anderson writes that Californians are warming up to Elizabeth Warren and her campaign's efforts to court them. Anderson reports:
"With less than 100 days until early voting begins on Feb. 3, Warren’s team announced on Tuesday that the Massachusetts senator has hired eight additional staff members in the Golden State, bringing the total number of paid California workers to nine. The group will work out of the newly-opened Oakland office and soon-to-be-opened Los Angeles office.
The campaign said it will also search for paid, full-time organizers across the state.
While the campaign's latest effort to woo Californian Democrats is notable, it pales in comparison to the vast ground game Warren’s progressive counterpart, Bernie Sanders, has assembled.
According to Sanders’ campaign, the Vermont senator has 40 California staff members on his payroll, which is well beyond the five with Pete Buttigieg’s campaign and the 11 Sen. Kamala Harris had in her home state before she directed some of them to move out of the state in an effort to go “all-in on Iowa.” Harris also pulled staff members out of New Hampshire."
MUNI MATTERS, CAKEDAY, and CLASSIFIEDS after the jumpity jump...
LA-LA LAND: The LAT's Laura J. Nelson reports that Uber is challenging Los Angeles's revocation of its operator permit for Jump bikes and scooters in a fight over whether the company is required to submit route information for trips taken. Nelson writes:
"The rule requires that companies transmit data on the start point and end point of each scooter or bike trip in real time, and share the route taken within 24 hours of the trip ending.
The real-time data sharing requirement makes Los Angeles “an outlier among hundreds of cities around the world,' said Uber spokesman Davis White in a statement.
'The city could say the same thing about Uber,' said Transportation Department spokeswoman Connie Llanos. 'They’re an outlier because every other company we have operating in the city right now is following our guidelines.'"
SANDY EGGO: For the SDUT, Joshua Emerson Smith writes up the battle between San Diego County and the state over plans for housing distant from job centers by using carbon offsets. He writes:
"In a strongly worded amicus brief recently submitted to the Fourth Appellate District in San Diego, the state Attorney General argued that the county’s offset strategy would “perpetuate current sprawling development patterns, which will impede the ability of the region and state to reach their long-term climate objectives.
'Without significant (vehicle miles traveled) reductions across the State, California simply will not be able to achieve its (greenhouse gas) reduction targets,' the 33-page document continued."
The trial court found against the county's plan to buy offsets. The San Diego County Board of Supervisors voted 3-2 to appeal the decision, with Dianne Jacob and Nathan Fletcher voting no.
CAKEDAY: Happy birthday to Marcos Bretón, Christopher Cabaldon, John de los Angeles, Wendy James, and Karen Keesler!