YOUR DUES DOLLARS AT WORK AS STATE GOVERNMENT ADJUSTS TO REALITIES OF COVID-19, SO DOES CCA by CCA Vice President of Government Relations Kirk Wilbur AUTHOR’S NOTE: COVID-19 has fundamentally altered every aspect of our society, and agriculture is no exception. Given the rapidly changing nature of COVID-19 responses from the agricultural industry and from state and federal governments, however, we are not detailing CCA’s responses to the crisis in this column— by time this magazine hits mailboxes, that information is unlikely to remain timely. Rather, CCA encourages members to visit www. calcattlemen.org/COVID-19 for up-to-the minute news from CCA on COVID-19, and to track updates in our Legislative Bulletin e-newsletter. As California remains under a stay-at-home order in response to the COVID-19 emergency, the crisis promises to shape California governance for the rest of this legislative session and beyond. On March 16, shortly after the onset of the crisis, the California legislature unanimously voted to adjourn two weeks early for Spring recess, recognizing the need for legislators and staff to “socially distance” to prevent the spread of the coronavirus. At that time, legislators expected to return to the Capitol on April 13 to continue the work of the people. As the COVID-19 crisis raged on, however, it became clear that the legislature could not responsibly reconvene on April 13, and Assembly Speaker Anthony Rendon and Senate President Pro Tempore Toni Atkins announced that lawmakers would not return to Sacramento until May 4. At press time, May 4 remains the scheduled return date for the California legislature, despite recent statements from Governor Newsom that the state is unlikely to be out of the woods even by mid-May. Prior to adjourning, the Senate passed a rule allowing senators to remotely attend and vote in committee meetings and floor sessions, providing that legislative body some discretion to continue lawmaking even as the state’s stay-at-home order remains in place. The Assembly, however, passed no similar rule, meaning that a quorum of assemblymembers would need to physically appear at the Capitol to at least adopt a similar rule. Legislators worry, though, that remote lawmaking—even when authorized by rule—may be ripe for legal challenge in the courts. On April 6, Assembly Budget Committee Chairman Phil Ting issued a memo outlining how the remainder of the legislative session might look. “When we reconvene, we will have less money and less time to adopt a balanced budget,” Ting wrote. “The State will see our revenues decline, even as we must increase spending to protect Californians. We will not be able to assess the full damage to our State’s economy and our revenues until August, at the earliest.”
18 California Cattleman May 2020
Echoing prior statements from Governor Newsom’s Department of Finance, Ting outlined that the “May revise” of the California budget is likely to be a “workload” budget, maintaining current service levels (in stark contrast with Newsom’s ambitious $222 billion budget proposal issued January 10). The Budget Committee is unlikely to consider any fiscal bills except for those that address the three most pressing crises facing California: COVID-19, wildfires and homelessness. As a result, the vast majority of bills introduced in January and February are likely to be shelved this session, or to undergo “gut and amend” to address one of those pressing concerns. A budget act will be the absolute first priority of legislators when they reconvene, as the California Constitution sets a June 15 deadline to pass the budget. Legislators expect to take a second hard look at state spending in August, when the state will have a clearer picture of income tax receipts (the filing deadline for both state and federal taxes has been extended to July 15). The fiscal focus in August is likely to be on “new issues related to recovery from the COVID-19 pandemic,” Ting wrote, but “it is possible that the State will need to consider sizable ongoing reductions to major programs during this time,” as well. As a lobbying organization, CCA has had to adapt to the new realities of California governance. CCA staff continues to meet regularly with other lobbyists, legislative staff and administration officials—though those meetings now occur via conference call rather than in the offices of the Capitol. Additionally, CCA staff continues to lobby on bills that were flagged in January and February, knowing full well that the future of those bills is now in question. Should those bills continue to move once the legislature reconvenes, those lobbying efforts will pay dividends. Should any of those bills be shelved this session, CCA is well-prepared when they emerge during a future legislative session. California’s regulatory agencies have not been spared the headaches of the new COVID-19 reality. Despite Governor Newsom’s March 12 executive order exempting regulatory agencies from certain requirements of the Brown Act and Bagley-Keene Open Meeting Act, agencies have struggled to adapt to remote hearings and other complications of the emergency. In the days and weeks immediately following the COVID-19 emergency declaration, government agencies not yet well-equipped to facilitate public participation via teleconference and webinar—notably including the California Air Resources Board and State Water Resources Control Board—issued a flurry of cancelation and
