Thursday, February 29, 2024
Bissextile Year Edition
Right up there with the bi-annual time change farce, we celebrate the 366th day of 2024. Arguably, December 31, 2024, will be the 366th day, but for literary purposes, today is what I am calling 366. Leap years are confusing (as opposed to the idiocy of changing our clocks twice a year). “Without the leap years, after a few hundred years, we will have summer in November,” said Younas Khan, a physics instructor at the University of Alabama at Birmingham. “Christmas will be in summer. There will be no snow. There will be no feeling of Christmas.” But with climate change, maybe the snow thing is not an issue.
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Greenmail Attack in Fresno Stopped: Could We See Less CEQA Abuse in The Future?
Last Thursday, February 22, the Fresno City Council denied a Greenmail appeal, an attempt to require a PLA on a private project through CEQA abuse - and gave Scannell Properties the green light to continue developing a million square foot warehouse.
The Fresno City Council voted to deny the appeal and approve the project with a 5-2 vote, with Councilmembers Arias and Chavez opposing. The project had previously been given approval by the Fresno Planning Commission on a 7-0 vote. While the city approved the project, a lawsuit could still be filed against Scannell, and the clock is now ticking on the 30 days for that to occur.
WECA’s Government Relations Director Rex Hime gave public comment at the meeting, fighting for fair and open competition for all projects and highlighting the CEQA abuse that was going on. Greenmail, or CEQA abuse to slow down or stop development altogether, isn’t just happening in Fresno or with large industrial projects. It has also been used to slow down much-needed housing projects trying to address the shortage in California, and a new state appellate court decision could reduce this from happening.
Dan Walters with CalMatters published an article highlighting the court ruling that could crack down on those tactics to slow or block construction.
Here’s a peek into that article: “Chris Elmendorf, a UC Davis law professor who is the state’s foremost authority on development laws, says the appellate court ruling is a major blow to the tactic of using CEQA to delay projects of any kind – not just housing – that conform to the standards of pre-existing general plans.”
Please let Rex know if you hear of any Greenmail threats in your area.
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California Energy Commission OKs $1.9B for EV Charging Stations
The California Energy Commission on Feb. 14 approved $1.9 billion to expand the state’s network of charging and refueling infrastructure for zero-emission cars, trucks, and buses, set to create the most extensive charging and hydrogen refueling network in the country, say officials. The state funding comes from its Clean Transportation Program and will be spent over the next four years, with at least 50 percent targeted to benefit priority populations. Part of the $48 billion California Climate Commitment includes more than $10 billion for zero-emission vehicles and infrastructure. Story
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Sacramento Mayor’s Race
Those lucky enough to live in the “City of Trees,” or “Farm to Fork Capital,” depending on which slogan you prefer, will recognize this pile of mail (one day’s worth) for the two leading contenders for Sacramento mayor. Why they covet this position (just another vote on the council as voters continue to reject various “strong mayor” initiatives, in part because few voters would trust a strong Mayor Steinberg) is beyond my comprehension, aside from the fact that they may want to be in a better position for Doris Matsui’s inevitable retirement.
CPUC and Solar Prevailing Wages
The CPUC has unveiled its website to implement its role in enforcing the prevailing wage obligations of contractors installing some rooftop solar and storage. They also have FAQs. WECA is reviewing its FAQs released last year.
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Captive Audience Meetings
Organized labor has long sought to curb the practice, arguing that it unfairly allows employers to pepper workers with anti-union messaging — and the right to punish or fire workers who refuse to attend. For over a decade, Oregon has been the only state with a law preventing employers from penalizing workers who opt out of meetings on “religious or political matters.” Still, the issue has gained momentum in the Biden years. The National Labor Relations Board’s Jennifer Abruzzo has sought to outlaw them, and five states — Connecticut, Maine, Minnesota, and New York — have recently enacted laws in the same vein as Oregon’s. Employers contend that such bans infringe upon their free speech rights and present practical hassles to communicating with employees effectively, including on subjects not covered by these restrictions.
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Time for Employers to Complete California Privacy Rights Act Compliance as Court of Appeal Lifts Injunction on Enforcement
Employers had a big win in late June 2023 when a trial court in Sacramento enjoined until March 29, 2024, enforcement of the final regulations under the California Privacy Rights Act (CPRA), the only one of 14 recently enacted, comprehensive state data protection laws that apply to human resources information. This extended grace period ended prematurely on February 9, 2024, when the California Court of Appeal rejected the lower court’s injunction and immediately restored enforcement authority to the California Privacy Protection Agency. The court’s decision also impacts enforcement of upcoming regulations addressing cybersecurity audits, risk assessments, and automated decision-making technology, as the appellate court also rejected a future, one-year stay on enforcement imposed by the Sacramento trial court. As a result, employers waiting until March 29, 2024, to complete their CPRA compliance work should accelerate those efforts and carefully monitor the rulemaking process for the three pending sets of regulations. Learn More
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IBEW Sees Arizona Continuing to Expand Solar and Battery Storage Projects
Dean Wine, the International Brotherhood of Electrical Workers (IBEW) 7th District international representative for renewable energy, sees Arizona continuing to be among the country's leading states in implementing renewable energy projects such as solar installations and battery storage facilities. Wine's 7th District comprises Arizona, New Mexico, Kansas, Oklahoma, and Texas. “Arizona and Texas are among the top four states in the country when it comes to installing solar generation and battery storage facilities, among other renewables,” Wine pointed out. He added that Oklahoma, New Mexico, and Kansas are less involved in renewables but are becoming more engaged because of federal money being offered for projects. More
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