Spend any time thinking or talking about insurance in California these days and you’re bound to hear the word “mitigation.”

Fire officials, lawmakers, insurance agents and others are asking homeowners to help lower the risk of devastating wildfires by making improvements to their properties — in some cases at great expense — and often in the context of trying to hang on to their insurance policies. The state has spent about $3.7 billion on forest management in the past seven years. Communities, fire districts and others are doing their part, too.

But some insurance companies citing growing risks and costs have paused or stopped writing new policies in California, causing a crisis of home-insurance affordability and availability. Some homeowners have seen their premiums spike or are being priced out, while others have been forced to turn to the ever-growing FAIR Plan, the insurer of last resort that offers less coverage but higher insurance premiums anyway.

As Insurance Commissioner Ricardo Lara rolls out his plan to try to reverse that trend, three state lawmakers are pushing for mitigation to be taken into account when insurers set premiums or when they decide whether to offer policies at all. Or they want mitigation to be more effectively tracked and strategized.

“We believe that if you do the homework, you should get the credit,” said state Sen. Josh Becker, the Democrat representing Menlo Park. “As a state, we’re doing that homework.”

Becker’s staff cites the billions of dollars the state has spent on reducing fuel and managing vegetation since 2017, when wildfires consumed many parts of California. The sum doesn’t include other spending on fire engines, air tankers and increasing staff for Cal Fire, which has added about 4,500 positions in the past decade.

A bill authored by Becker seeks to incorporate mitigation into insurance companies’ underwriting decisions — when they consider whether to write or renew policies. Senate Bill 1060 awaits a hearing in the Senate Appropriations Committee.

One of the regulations Lara has unveiled as part of his plan to try to fix the state’s insurance market involves allowing insurers to use catastrophe models in rate-making, which includes taking mitigation into account. But some say that’s not enough to address the availability of insurance.

Former state Insurance Commissioner Dave Jones recently told CalMatters that Becker’s bill is needed specifically for underwriting because the insurance commissioner’s authority is limited to rate-making.

“Local, state and federal governments are spending billions of dollars in forest treatments, so homeowners ought to see a benefit,” Jones said. “That’s not happening now, but should happen.”

Wildfire mitigation and risk

Studies show that mitigation is reducing wildfire risks. A recent study by the National Association of Insurance Commissioners found that structural modifications can reduce wildfire risk by 40%, and, when combined with vegetation modifications, can reduce risk by 75%. A subsequent Moody’s study found that utility Southern California Edison’s actions to harden its power grid reduced the risk of catastrophic wildfire losses by 75% to 80%.

But insurance-industry experts have concerns about Becker’s bill. For one thing, they say incorporating mitigation into underwriting shifts more financial risk to insurers.

In addition, they say they already use models that account for mitigation.

Sheri Lee Scott, an actuary for a Milliman Property & Casualty practice in Orange County, said the bill is yet another regulation that could “exacerbate” the insurance crisis.

“Insurance companies are trying their best to incorporate (mitigation) already,” Scott said, pointing to a recent state regulation directing insurers to incorporate mitigation into determining premiums — which Scott wrote in a report “presents tremendous challenges for insurers in terms of compliance and the potential erosion of adequate rates for wildfire risk.”

The insurance commissioner said his office started enforcing that rule on considering mitigation last year, but homeowners, insurance agents, fire chiefs and other lawmakers say the different ways everyone is trying to reduce wildfire risk isn’t making enough of a dent in the state’s insurance crisis.

Bernard Molloy, fire chief of Murrieta, said during a public workshop hosted by the Insurance Department last week that “residents don’t receive credit” for the “tremendous amount of work” they put into trying to reduce wildfire risk. Jorge Escobar, a Bay Area resident, said during the same workshop that he had just asked the Moraga fire district whether insurance companies are taking mitigation into account. “The answer was, surprisingly, no… Why isn’t this being mandated?” he asked.

Tina Purwin, an insurance agent in Northridge, told CalMatters her clients get notices that they’re not being renewed despite taking action to avoid wildfire risk.

Donna Yutzy’s home in the Magalia area of Butte County on Nov. 4, 2023. State law prohibits the use of landscaping plants and any flammable materials within a five-foot radius of the house. Photo by Manuel Orbegozo for CalMatters

“Carriers are being ultra picky,” Purwin said. “They’re looking for any way to not take the risks.”

At another public hearing on insurance issues last week — by the Little Hoover Commission, the independent state oversight agency — Nevada County Supervisor Heidi Hall said the Sierra Nevada-area residents she represents are spending “tens of thousands of dollars” on hardening their homes, and that the “county itself has put in millions of dollars, with the help of Cal Fire, to put in fire breaks.”

Yet, she said “we’re not seeing discounts from insurance companies. They’re still leaving.”

Assemblymember Freddie Rodriguez, a Democrat representing Chino, authored another bill related to mitigation. Assembly Bill 2983 calls for the Insurance Department and the California Office of Emergency Services to work together on figuring out whether investments in mitigation are helping insurance availability.

Project assessments would have to be published on state websites. And a representative of the Insurance Department would be added to the board of the California Wildfire Mitigation Program.

“Some people think (mitigation is already taken into account), some don’t,” Rodriguez said. “We need to bring everyone together. We need to talk about it.”

Rodriguez’s staff said both the Insurance Department and the mitigation program appear to be open to the board-representative idea. The Insurance Department did not answer questions and the emergency services agency did not respond to questions in time for publication.

Earlier this month, the Assembly Insurance Committee approved AB 2983 and re-referred it to the Assembly Appropriations Committee.

‘They should not be losing their insurance’

Another bill would require the Insurance Department to evaluate every three years whether to update its Safer from Wildfires regulation, which identifies steps property owners and officials can take to protect their homes and communities. The steps include installing fire-rated roofs, upgrading windows, removing combustible sheds and more. The department adopted the regulation in 2022 and says on its website that taking these measures “can help you save money on your insurance.”

Assemblymember Damon Connolly, a Democrat representing San Rafael, authored AB 2416, which he said would “lock in periodic updates to the program so it’s most effectively serving consumers.”

Connolly said his staff is in talks with the Insurance Department, which he said is open to discussing his bill. He also said he has made amendments to address insurance-industry concerns. The Insurance Department did not answer questions about the bill.

The assemblymember also said that not only should property owners get discounts when they take the steps outlined in the regulation, “I would say if consumers are doing these steps, they should not be losing their insurance.”

The Assembly Insurance Committee has referred his bill to the Assembly Appropriations Committee.

Lawmakers representing California in Congress are trying to make mitigation measures matter, too. U.S. Rep. Mike Thompson, the Democrat who represents Napa and other counties, said during a press conference last week in Santa Rosa that his bill, HR 7849, would establish a program for individual homeowners in certain areas to receive grants of up to $10,000, as well as tax credits for homeowners and businesses, for mitigation.

The legislation, co-authored by U.S. Rep. Doug LaMalfa, the Republican who represents rural Northern California, was introduced in March and referred to the House Ways and Means Committee and the Transportation and Infrastructure Committee.

Thompson said that as he and his colleagues tried to figure out how they could help on a national level, “what we heard repeatedly from insurance companies was: Make sure there’s disaster resilience in building, that homeowners (are doing) everything necessary to protect their homes.”

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The Calmatters Ideas Festival takes place June 5-6! Find out more and get your tickets at this link.

CalMatters.org is a nonprofit, nonpartisan media venture explaining California policies and politics.

Described by its author as the “most significant political reform” in decades, a 2022 law designed to limit businesses’ and contractors’ attempts to sway local elected officials with campaign contributions cleared the California Legislature without a single “no” vote.

Two years later, some of the same legislators who backed the measure want to water it down — and they have the backing of developers and labor unions.

Sen. Bill Dodd, a Napa Democrat, is championing a bill to loosen restrictions on how much — and when — local elected officials can accept in campaign cash from interest groups who would benefit financially from those officials’ pending decisions. The bill would also exempt certain industries — such as some labor unions and housing developers — from those restrictions to prevent “pay to play.”

“It has become very apparent that there are problems,” Dodd said of the existing law. “The law essentially freezes out a sector of the community from donating anything directly to candidates.”

Senate Bill 1243 cleared the Senate Elections Committee 4-1 on Tuesday despite concerns from the committee’s chairperson, Sen. Catherine Blakespear, who criticized the bill as “unworkable” and “problematic.”

“I would argue this bill is not worth moving forward. It has too many problems in it,” said the Encinitas Democrat, the lone “no” vote.

Because the bill would change the voter-approved 1974 Political Reform Act, it needs a two-thirds majority in both the Senate and Assembly to reach Gov. Gavin Newsom.

Dodd and other senators who voted for the bill Tuesday also supported the 2022 law. When asked why he voted in favor two years ago, Dodd told CalMatters: “I don’t think anybody really read into the details.” Prompted by a staffer, he then changed his answer: “I don’t think we understood the implications.”

The 2022 law passed after several local “pay-to-play” scandals. Between 2018 and 2020, the city of Huntington Park awarded more than $11 million to contractors who donated money and gifts to city council members, according to KCET. More than 30% of the $125,000 in campaign contributions were made by just eight companies and their executives.

In January 2023, former Los Angeles city council member Jose Huizar pleaded guilty to extorting $1.5 million from real estate developers seeking city approval for downtown projects between 2013 and 2018, the Los Angeles Times reported. Another former Los Angeles city council member, Mark Ridley-Thomas, was sentenced to 42 months in prison last year for routing county contracts to the University of Southern California in exchange for benefits to his son.

The 2022 law was introduced by Sen. Steve Glazer, an Orinda Democrat. “Public trust is greatly enhanced when decision makers maintain their independence from these corrupting influences,” he said in a statement last year.

How does the law work?

If you are a builder seeking a city housing permit, under the current law, you and those you hire to lobby the city can only donate a maximum of $250 collectively to a city council member while the project is pending. That restriction will only be lifted 12 months after the final decision is made. If the elected official accepted or solicited money beyond that limit in that 12-month period, they will have 14 days to return the contribution.

If you are a local elected official, before making a decision on the project, you must disclose any contribution made in the past 12 months that was more than $250 and was from the interest groups benefiting from that project. You must also recuse yourself from voting if you’ve accepted such contributions within the 12-month period.

While the law did not spark much debate before it was passed, it led to a lawsuit soon after. In February 2023 — a month after the law took effect — a business coalition including the California Restaurant Association and California Retailers Association and two local officials sued the state’s campaign finance regulator, arguing the law was unconstitutional and violated the freedom of speech rights of officials and donors.

In May, the business groups lost in court. Now, less than a year later, they are turning to state lawmakers instead.

State Sen. Bill Dodd speaks during the first day of session at the state Capitol in Sacramento on Jan. 3, 2024. Photo by Fred Greaves for CalMatters

Dodd’s bill would raise the $250 threshold to $1,000 and effectively allow a contractor seeking a city contract or permit — as well as the contractor’s hired lobbyists — to each contribute as much as $1,000 within the nine months before and after a final decision is made. Across California, 31 of the 180 cities with self-imposed campaign finance rules have donation limits that are $250 or less, according to an analysis by California Common Cause.

“The idea that our local elected officials can be bought and sold for $250 is both laughable and frankly offensive,” Dodd said during Tuesday’s hearing.

The restrictions would not apply to developers working on certain housing projects mandated by the state, or to labor unions if the decisions solely affect their membership dues, according to a bill analysis.

The bill is supported by both business interests and labor unions, such as the California Building Industry Association and the California Labor Federation.

Nick Cammarota, senior vice president and general counsel for the California Building Industry Association, told lawmakers during the committee meeting Tuesday that “pay-to-play” is not happening among homebuilders in California: “If it were, I’ll put it very crassly: We would buy our permits. We’d have more housing.”

Cammarota argued that the current law makes it difficult for local officials and donors to comply with campaign finance rules.

“It creates a vacuum,” he said. “We are concerned that vacuum will be filled by candidates for local office who are wealthy and have the ability to self-finance their own campaigns.”

Dodd agreed, adding that the low contribution cap may encourage donors to use “dark money” groups — often politically active 501(c)(4) organizations that are not required to disclose their contributors — to mount ad campaigns.

But California Common Cause and California Clean Money Campaign — the main supporters of the 2022 law — argued the bill would favor certain industries, reduce transparency and allow local elected officials to accept large donations outside the 18-month period the bill proposed.

“For many lengthy projects that take longer than nine months, these changes would allow for large contributions to be made while a matter is pending” as long as the check is written outside the window, said Pedro Hernandez, legal and policy director of California Common Cause.

Jonathan Mehta Stein, executive director of the group, called the bill’s advancement a “​special interest triumph.”

“Our democracy is in dire trouble at the national level. The least we can offer Californians is high-integrity, trustworthy governance here at home,” he said in a statement.

Trent Lange, president of the California Clean Money Campaign, argued the proposed rule would be confusing for donors and local officials, since they sometimes cannot foresee when a final decision is coming.

“You are going to read the council’s mind and when exactly they are going to give a final decision?” he said. “How are people even going to follow that?”

In a text message to CalMatters, Glazer said Dodd’s bill “makes it easier to corrupt local officials and it is wrong.”

“We should be working to elevate trust in government and that doesn’t happen when you reestablish ‘pay to play’ terms in jurisdictions across California,” he said. “Those who say the law isn’t working are referring to the financial players who want to corrupt it.”

State Sen. Catherine Blakespear speaks during a press conference at the Capitol Annex Swing Space in Sacramento on Sept. 26, 2023. Photo by Miguel Gutierrez Jr., CalMatters

Blakespear proposed an amendment last week that would have eliminated the proposed carve-outs for housing and membership groups and defined when a decision is “pending,” according to a copy of her amendment shared with CalMatters.

But Dodd refused to budge Tuesday, instead giving a verbal commitment to work through the concerns, including deleting the exemption for housing developers.

“I think there’s a reality to me being a brand new chair and him being in the Legislature for 10 years with relationships with other people on the committee that are long standing and deep,” Blakespear said of the Tuesday vote.

Blakespear said she recognizes the need to balance campaign finance reform and the ability for people to participate in politics through donations. But, she said, “nobody articulated a good reason” for the carve-outs. The interest groups are backing the bill because “they want to be able to donate more money,” she added.

If the current version of the bill becomes law, she predicted that “next year there’s going to be a bill from the cannabis industry, and then there’s going to be a carve-out for some other interest.”

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The Calmatters Ideas Festival takes place June 5-6! Find out more and get your tickets at this link.

CalMatters.org is a nonprofit, nonpartisan media venture explaining California policies and politics.

Barbara May Hillman, 63 of Orleans, passed away on March 13, 2024 surrounded by family. She was a loving spouse to Rowdy Hillman and a devoted mother to Amanda Karanopoulos, Tabitha Frain and Rowdy Bear Hillman. Barbara adored her grandchildren, Max, Emma, Nico, Shasta, Ophelia, Judy, Lavender, Jasmine, Heinrich, Noah, and cherished her sister Lori Sallady. She was preceded in death by her brother Robert Blair, Jr, her mother Ethel Blair, and her father Robert Blair, Sr.

Barbara was known for her passion for painting and gardening, which brought her immense joy throughout her life. Her creativity and green thumb were evident to all who knew her. She found solace and beauty in her artwork and the flourishing plants in her garden.

A memorial service to honor Barbara’s life will be held at Gasquet Bible Church on May 4 from 1 to 5 p.m. In lieu of flowers, the family suggest you plant a plant of your choice in Barbara’s memory that will always remind you of her.

Barbara May Hillman will be deeply missed by her family and friends, but her legacy of love and creativity will continue to live on in the hearts of those who knew her.

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The obituary above was submitted on behalf of Barbara Hillman’s loved ones. The Lost Coast Outpost runs obituaries of Humboldt County residents at no charge. See guidelines here.

PREVIOUSLY: Sheriff’s Office Issues Statement on Fortuna Teen Who Went Missing and Presumably Drowned While Attempting to Rescue a Girl in the Trinity Last Week

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Members of the Humboldt County Sheriff’s Search & Rescue team will resume search efforts for 19-year-old Fortuna resident Joseph Viveiros Dawson on Wednesday morning, nearly 10 days after he was swept away in the Trinity River, near Tish Tang Campground.

Joseph Viveiros Dawson.

Witnesses say Viveiros jumped into the fast-moving waters of the Trinity River just before 4 p.m. on Monday, April 22, in an attempt to rescue one of his friends from drowning. The teenage girl was able to make it to a rock across the river, according to a press release from the HCSO. A second person who had also jumped in to save her was struggling to hold onto a tree down the river.

A nearby fisherman saw what was going on and brought his boat over to rescue the two individuals. He took his boat down the river to look for Viveiros, but he was nowhere to be found.

“I got a call from Joseph’s girlfriend saying he was in the water. She said he went under and they didn’t see him again,” Daisy Viveiros, Joseph’s mother, told the Outpost in a recent phone interview. “He was there hanging out with three or four of his friends. They just went to chill by the river for the day – they weren’t going swimming or anything because the river is so fast right now. … I just keep searching and praying that we find him. I just want him to come back.”

HCSO and numerous other law enforcement agencies were dispatched to the scene and immediately began search and rescue efforts. A CHP helicopter was sent over to help in the search, but it was diverted to assist law enforcement in the burgeoning protest at Cal Poly Humboldt.

[CLARIFICATION: Cal Poly Humboldt spokesperson Aileen Yoo contacted the Outpost to note that the CHP “offered helicopter support to the university after the helicopter had completed its operation” on Monday evening.]

“[The] Cal Poly protest [was] taking away officers and resources we needed for the search and rescue,” Myriah Viveiros, Joseph’s aunt, told the Outpost. “Meanwhile, we’ve had family, friends, fishermen and communities from Hoopa to Klamath helping [in the] search.” 

HCSO spokesperson Joshua McCall admitted that the protest had “impacted [the] availability of [HCSO] personnel to conduct” continued search efforts, but said HCSO and the Hoopa Tribal Police Department will resume search efforts on Wednesday morning.

Daisy and Myriah Viveiros both expressed their gratitude to community members – especially members of the Hoopa Valley, Karuk and Yurok tribes – who have helped assist in the search thus far.

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If you’ve driven 101 South through Eureka in recent years, chances are good that at least some part of your brain took note of the big metal crab perched with raised claws behind the cyclone fence, there, at the elbow where Fourth Street becomes Broadway.

That’s the Dungeness in question, pictured above, and it now belongs to the City of Eureka.

The sculpture, which has yet to be named, made its municipal debut in Saturday’s Rhododendron Parade, strapped to a flatbed trailer and hauled along the route by a city-owned utility truck. But expect to see it hauled out for future events, too, such as local concerts, Friday Night Markets and other occasions.

“We saw it as a good opportunity to have something recognizable for the community, a good thing for branding, ” said Eureka City Manager Miles Slattery. He said the sculpture, which will live in the city’s corporation yard and be hauled out for special appearances, is an example of placemaking, an art installation that highlights our local assets while providing a backdrop for selfies and group photos.

The metal-framed critter was created in 2018 by artist Dan McCauley, who sculpted it using sheet metal from an old travel trailer and tubing left over from a Southern Humboldt cannabis grow, according to Eureka Public Works Director Brian Gerving.

McCauley attached the thing – carapace, legs and all – atop the chassis of a modified Ford Ranger so he could take it to the Black Rock Desert of Nevada for the annual Burning Man festival, according to Eureka Assistant City Manager Pam Powell. Afterward, though, he didn’t have much use for it.

”When he wanted to sell it, we were approached about purchasing it for our city mascot, which was kind of cool,” Powell explained.

Slattery was initially skeptical of the idea – that is, until he clapped eyes on El Pulpo Mecanico, the giant, fire-belching robotic octopus created by local artist Duane Flatmo, also for deployment at Burning Man. And so, with the blessing of the city’s marketing firm, Eddy Alexander, and support from staff, the city paid roughly $13,000 to purchase the sculpture and modify it for its own purposes.

As the crab was being set up for a brief display and photo op this afternoon at Madaket Plaza, on the Eureka waterfront, Gerving reached up and extended the small front claws, which swivel around two metal rods.

“I didn’t realize those folded out,” Powell remarked with a smile.

There’s just one problem with the city’s adopted mascot, according to staff: It (he? she? they?) needs a name!

A few ideas have been floated – for example, Crabby Patty, Louie, Crusty Rusty and Silvie the Crab.

But we at the Outpost figured it would be best to turn it over to you, our beloved readers, for your own suggestions.

So! If you have a proposed moniker for the city’s dapper new Dungeness, drop it in the comment section below. Readers can then vote for your favorite nominees. The Outpost may use some of the top suggestions for a future LoCO Pollz entry, and the City of Eureka will naturally agree with our collective wisdom (we assume).

Get to namin’!

Joint press release from Assemblymember Jim Wood and Senate president pro tem Mike McGuire:

This has been an extremely challenging week in Humboldt. Protesting peacefully in America is a fundamental, Constitutional right – it’s what our nation is about and, let’s be candid, protesting is part of the fabric of the North Coast.

That said, there is a clear line and it starts and stops with destruction of school property, vandalism, and antisemitic hate speech.

Last night, law enforcement moved to secure buildings and disperse individuals who remained on campus. No injuries were reported and the situation ended peacefully. With damage to the school estimated to be over $1 million, law enforcement will remain on campus in the coming days to ensure our campus community remains safe for all.

Let’s be clear – it’s going to take time to heal. Trust is earned, and it is going to take all sides coming together to have the difficult conversations needed to move forward. Cal Poly Humboldt must be a campus where all faiths and students of all backgrounds feel safe, respected, and included. This has not been the case for Humboldt’s Jewish students and others over the past week.

As protests continue in other parts of the state and nation, it’s important to remember that reasonable ideas don’t have to be in conflict – we can call for hostages to be immediately released and mourn every single one of the thousands of innocent lives lost; we can condemn violent actions and call for peace in the region. We’re stronger as a community when we learn from our differences and where we’ve been, and move forward together.

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Just hours after police descended on the Cal Poly Humboldt campus to forcibly clear a week-long demonstration and occupation, Gaza protesters have gathered outside the Humboldt County Courthouse to chant, hold signs and wave flags in support of Palestine.

Three counter-protesters set up across the street, waving an American flag and an Israeli flag. 

Many passing motorists offered lightly tapping honks of support while others shouted insults out their window or pumped their fists in support of the counter-protesters on the other curb. 

We’ll update this post if anything noteworthy develops.