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As wildfire season quickly approaches, state officials are bracing for a “Super El Niño” that could bring extreme and unpredictable weather to Northern California, potentially increasing fire risk. Combined with ongoing drought conditions and poor snowpack in the northern Sierras, fire officials worry that we could be in for another challenging fire season.

At last night’s annual town hall on wildfire preparedness and prevention, State Sen. Mike McGuire said the incoming El Niño is predicted to be “the strongest that we’ve seen in 140 years,” according to new data from the European Centre for Medium-Range Weather Forecasts (ECMWF) and National Weather Service (NWS). 

McGuire | Screenshot

“From what we’ve seen in the past, [El Niño] brings in unsettled tropical moisture that brings lightning into the region, and that could spell trouble,” McGuire said. “You need to be prepared.”

A typical El Niño often results in a wet winter, especially in Southern California, whereas La Niña tends to bring drier conditions. A rare “super” El Niño, which happens every 10 to 15 years, produces more intense and unpredictable weather patterns, ranging from record-breaking tropical storms to extreme drought. 

Speaking at last night’s town hall, CalFire Northern Region Chief George Morris III said El Niño conditions are especially difficult to predict in Northern California, where there is little correlation between El Niño-Southern Oscillation (ENSO) patterns. “It can mean that we’re going to see more moisture than normal [or] it can mean heat domes followed by tropical moisture,” he said. “It can also mean extended dry periods over a swath of California.”

For example, the 2015 El Niño — one of the strongest ever recorded — didn’t deliver the expected precipitation to drought-stricken California. Instead, it fueled a record-breaking fire season, with more than 880,000 acres burned across the state. “If you recall, in Lake County, we had pretty severe fires — the Rocky, the Jerusalem and then the Valley — and that really ushered in the era of the mega fire,” Morris said.

One of the main indicators to watch is snowpack.

Morris | Screenshot

“The final snowpack survey occurred on April 1 at Phillips station, and it showed 6% of normal in the northern Sierra and southern Cascades,” Morris explained. “The snowpack is kind of our locked-away reservoir. … That’s an indicator that we’re going to get fires at high elevation sooner than we would normally. … In the Bay Area, we’re seeing an incredible amount of growth in our grasslands. This late rain means that we’ll get secondary and tertiary growth in the grasslands … and I think that can be the fuse for a bomb that could [lead to] a very difficult fire season.”

Increased fire activity out east and in higher elevations will likely impact the federal agencies that oversee those jurisdictions, Morris said, which could, in turn, impact mutual aid response across the region. 

To prepare for a potentially difficult season, CalFire, along with other federal and state agencies, has ramped up prescribed burns to remove hazardous fuels from overgrown areas. CalFire may suspend burning “sooner than the statute requires,” Morris added. “We’ll look at that at a county level or an elevation band level to make sure that tool is available to you as long as possible.”

The state has made major investments in CalFire staffing and equipment in recent years to support wildfire response. McGuire said the state has “doubled the number of CalFire firefighters” in the last decade, and plans to hire another 2,000 over the next 48 months.

“We’ve phased out all the Vietnam-era helicopters, [and] we’ve phased in night-fighting Black Hawk helicopters,” McGuire continued. “We have more fire engines on the road than we’ve had in decades and $8 billion has been and will be invested in wildfire prevention. That’s a game changer for the state.”

Even with these major investments, fire officials are still asking residents to do their part in creating defensible space around their homes. Over the next year or so, state officials will roll out “Zone 0” regulations that would require homeowners to clear hazardous materials within five feet of a structure. 

“In general, the idea is to remove things that can burn,” Morris explained. “If you have junipers or volatile vegetation right next to your structure, that’s something that’s probably going to have to be removed in that process. … For the level of protection that I want on my home, I’m removing anything that isn’t well-watered, anything that can combust. … Just imagine when wind hits your home and leaves collect — that’s where embers are going to show up.”

You can read more about those new regulations at this link. If you’d like to learn more about what CalFire is doing to prepare for the upcoming fire season, click “play” on the video up top.

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PREVIOUSLY

• The Coastal Commission Will Again Consider Trinidad Rancheria’s Proposed Five-Story Hotel on Thursday, Focusing on the Adequacy of Fire Protection

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The California Coastal Commission today voted unanimously to conditionally concur with a federal consistency determination for the Trinidad Rancheria’s long‑planned 100‑room, five‑story hotel, finding that — if new fire protection conditions are met — the project can be deemed consistent with the California Coastal Act.

Today’s hearing, which was narrowly focused on the adequacy of fire protection resources, was the result of an appellate court order resulting from a lawsuit by the Humboldt Alliance for Responsible Planning, or HARP.

Back in 2019, following a convoluted and confused hearing, the commission narrowly agreed to issue a conditional concurrence on the Bureau of Indian Affairs’ (BIA) consistency determination for a lease and federal loan guarantee to support the hotel next to the existing Heights Casino on Trinidad Rancheria trust land.

The condition, at the time, was that the Rancheria needs to find an adequate and reliable water supply for the proposed hotel. That condition remains unmet and must be remedied before the Coastal Commission gives its full blessing.

But HARP filed a lawsuit challenging that Coastal Commission decision, and while a trial court upheld the agency’s determination, an appellate court narrowly disagreed, affirming the commission on all issues except fire protection. The ruling said there was insufficient evidence on that front and ordered the commission to hold today’s new, narrowly tailored hearing.

As we reported in yesterday’s meeting preview, commission staff recommended again concurring with the BIA’s consistency determination, but only if the federal agency can secure a formal fire service agreement with CalFire, or a patchwork of local agencies, and submit a comprehensive fire protection plan for agency approval.

The Rancheria, for its part, has proposed a memorandum of understanding (MOU) with the county to formalize CalFire protection services and has offered to participate in a fire planning study for northern coastal Humboldt County. It has also agreed to purchase an aerial (hook and ladder) truck and create its own volunteer fire department that would serve both the hotel and the surrounding community.

In a staff report at the start of the hearing, environmental scientist Annie Rosen explained that the Trinidad area relies on a patchwork of career and volunteer fire departments, backed by mutual aid agreements among local agencies, while CalFire provides protection during peak fire season, plus off‑season coverage via a cooperative agreement (called an “Amador” agreement) with Humboldt County. That off-season coverage is not guaranteed, though.

The five-story height of the proposed hotel will require additional training and special apparatus, such as hook-and-ladder trucks. The Trinidad Rancheria recently purchased its own hook-and-ladder truck and is pursuing formation of a volunteer fire department.

Following staff recommendations, the commission today added two new conditions for its concurrence determination. First, before hotel construction can begin, either the BIA or the Rancheria must provide evidence of a finalized cost‑sharing MOU with the county for CalFire Amador services (or some other form of proof that CalFire service to the Rancheria will continue). Under this MOU, which is scheduled for consideration by the Humboldt County Board of Supervisors next month, the Rancheria would pay 20% of the county’s Amador costs. 

The second new condition requires the BIA or Rancheria to submit a two-phase fire protection plan to the Coastal Commission’s executive director for review and concurrence. The plan must include descriptions of available fire protection services, maps, security measures, etc. for both before and after construction. 

Trinidad Rancheria Vice Chairman Robert Hemsted, appearing via Zoom, emphasized the tribe’s status as a sovereign nation and said the Rancheria is being asked to go above and beyond what any other municipality or agency is required to do. The delays caused by government and court hearings have caused the cost of the hotel project to increase by 60% since 2018.

“We’re a small tribe; we’re not a rich tribe,” Hemsted said. “We’re in an economically depressed area. We are trying to make it sustainable for our community.”

He urged the commission to support staff recommendations.

HARP’s attorney J. Bryce Kenny, who also serves as Trinidad’s mayor pro-tem, argued that since the BIA never specifically analyzed the adequacy of the Rancheria’s fire protection resources, its 2019 consistency determination should be considered null and void. He referred to an unsigned letter from the BIA refuting that argument as a “post-hoc rationalization.”

“The machinery is running backwards,” he said.

Commission staff dismissed that argument, noting that the court didn’t overturn that prior determination and only remanded the matter on very narrow grounds. 

When the matter came to the commission for discussion, Commissioner Mike Wilson, who represents the Third District on the Humboldt County Board of Supervisors, took a metaphorical step back to give some context. He noted that the commission doesn’t have any permit authority over the project.

“The tribe is asking for a federal loan guarantee on the construction, and the BIA made a requirement that [the tribe] needed to conform to all these federal laws, including [California Coastal Zone Management Act],” Wilson said. “And that required us to do this assessment. If there was no federal loan guarantee as part of that project, we we wouldn’t be talking about this at all.”

Shortly after those comments, Commission Vice Chair Dr. Caryl Hart made a motion to adopt staff recommendations. There were no objections to unanimous consent on the motion.

Reached for comment via email, Kenny said he and the other members of HARP are not surprised by the decision.

“The interesting thing will be whether CalFire really wants to get in the hook and ladder business for one single five-story structure in all of northern Humboldt north of Arcata,” Kenny said via email.

We also reached out to Trinidad Rancheria Chief Executive Officer Jacque Hostler-Carmesin for comment but had not heard back by the time this post was published. 

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CORRECTION: This story initially misspelled Robert Hemsted’s name. The Outpost apologizes for the error.

Press release from the Humboldt County Sheriff’s Office:

Over the past several weeks, the Humboldt County Sheriff’s Office (HCSO) has conducted targeted, proactive saturation patrols in the Hoopa Valley. These operations were strategically deployed based on current crime data and emerging trends, supported by dedicated deputies who take pride in protecting our communities. The initiative underscores the Sheriff’s Office strong commitment to proactive policing and maintaining a visible law enforcement presence in areas impacted by crime.

While these patrols have produced measurable results, they also highlight a growing frustration shared by law enforcement and the community: too many individuals with active warrants, parole violations, or probation conditions are allowed to remain free on the streets, often continuing to reoffend with little immediate consequence. Proactive policing is essential precisely because the current system frequently fails to hold repeat offenders accountable until officers take direct action in the field.

The following cases represent a small sample of the arrests made during these saturation patrols:

• Erika Rene Hostler, DOB November 8, 1972, was detained during a traffic stop and arrested on an outstanding felony warrant. She was also found in possession of drug paraphernalia. (HCSO Case #202601417)
• Ronnie Jon Herren, DOB September 17, 1989, a wanted parolee at large, walking in downtown Hoopa, was detained without incident. Herren was also found in possession of drug paraphernalia. (HCSO Case #202601547)
• During a traffic stop, deputies detained Timothy Patrick Perry (DOB September 6, 1987), Robert Wolf Colegrove II (DOB November 3, 1986), and Thomas Allen Perry (DOB February 6, 1993). All three individuals were either wanted by law enforcement or had active probation terms that explicitly prohibited them from violating the law. A loaded .22 caliber long rifle was recovered from the vehicle along with a substantial amount of counterfeit currency.
  • Timothy Perry was arrested for violations including PC 29800(a) (felon in possession of a firearm), PC 475(a) (possession of counterfeit currency), and H&S 11364 (possession of drug paraphernalia).
  • Robert Wolf Colegrove II was arrested for H&S 11395(b)(1) (“Treatment-Mandated Felony Act”), and H&S 11364.
  • Thomas Allen Perry was arrested for H&S 11395(b)(1) and PC 1203.2 (probation violation). Thomas Perry is on active Post Release Community Supervision and was found to be in violation of his terms. (HCSO Case #202601652)

These arrests signify the value of proactive policing efforts in our communities. By increasing law enforcement visibility and directly engaging with individuals who have demonstrated a disregard for the law, HCSO is working to disrupt criminal activity and enhance public safety.

The Humboldt County Sheriff’s Office remains committed to using data-driven strategies and assertive, proactive enforcement to address crime and hold offenders accountable, despite systemic challenges that often allow repeat criminals to circulate freely in our communities.

Anyone with information about these cases or related criminal activity is encouraged to call the Humboldt County Sheriff’s Office at (707) 445-7251 or the Sheriff’s Office Crime Tip line at (707) 268-2539.

Press release from the Hoopa Valley Tribe:

In the wake of the tragic loss of Hoopa Tribal member Dylan Moon, which has deeply impacted students and families across the community, members of the Hoopa Valley Tribal Council met directly with high school students to listen, support, and reaffirm their commitment to student safety and well-being.

The purpose of the visit was to provide students with a safe space to share their experiences, voice concerns, and speak openly about the challenges they face both before and after the incident. Tribal leadership also took time to check in with students regarding their sense of safety on campus and within the community.

Vice Chairman Jordan Hailey shared that the visit was initially intended as a check-in with students, but following the tragedy, it became even more important to create space for students to express themselves and be heard.

“The message to our students is simple — we hear you, and we will do whatever we can to address these issues and ensure you have a safe, supportive, and encouraging environment,” Hailey said. “Our children have gone through so much, and it is heartbreaking that they continue to face challenges like this.”

In response to the incident, the Tribe, alongside community partners, has mobilized significant support within the school. Over the past weeks, more than 20 to 30 wellness specialists, counselors, parents, and community members have been present on campus to provide assistance and ensure students have access to resources to help them process the situation.

Tribal leadership emphasized the importance of addressing trauma in a healthy and supportive way to prevent long-term impacts on youth and to promote healing across the community.

The Tribe plans to continue these efforts by increasing the presence of wellness professionals, enhancing school safety measures, and encouraging greater involvement from parents and community members to support students moving forward.

“This moment calls for all of us to step up as a community,” Hailey said. “We must work together to ensure our children are safe, supported, and able to learn in a positive environment. We all have a responsibility to do better for our youth and for the future of our community.”

The Hoopa Valley Tribal Council reaffirmed its commitment to taking meaningful action to support students, strengthen school safety, and ensure that tragedies like this do not happen again.

“Our hearts go out to the family, friends, and all those affected,” Hailey added. “We will continue to stand with our youth and do everything we can to support them during this difficult time.”

The Tribe also honors the life and memory of Dylan Moon and stands with his family during this difficult time.

The Arcata City Council unanimously approved a long-discussed water and wastewater rate increase Wednesday. It also supported the first pass of an ordinance that would legalize cannabis consumption lounges in city limits.

The rate increase is required for costs to replace old infrastructure in the municipal system totaling $36 million over the next five years.

Because wastewater fees will soon shrink, the increase for the average single family home will pencil out to 39% over the five years, or a $54 increase, said Finance Director Tabatha Miller. The rate jumps will begin July 1, 2026, and end fiscal year 2029-30.

Water and wastewater fees are billed together. Water rates will increase by 23% this year, followed by 18% in 2027, 12% in 2028, and 10% in both 2029 and 2030. Possibly larger hikes to wastewater were offset with a grant for the city’s wastewater treatment plant upgrade. Three years of 5% yearly increases would begin in 2028.

Just 70 residents contested the increase in writing, with 2,521 responses required to halt the hike under California law.

Councilmembers repeated their concern of how residents would be affected before voting in favor of the increase. The city’s poverty rate is 27.2%, according to the U.S. Census.

“There wasn’t one person on council or staff that was excited about doing this,” said Councilmember Stacy Atkins-Salazar.

Affordability concerns prompted most of the council to opt for gradual rate increases in one of many recent discussions on the topic.

Councilmember Sarah Schaefer emphasized the city cannot charge rates beyond what is needed to provide services and fix infrastructure.

“It’s landed on our laps because it’s been pushed down the road,” she said.

When asked by Schaefer about setting up a program to help low income people with their bills, Miller said the process isn’t easy.

She said municipalities typically piggyback on PG&E’s California Alternate Rates for Energy program to determine low income discounts. CARE offers discounts for people on public assistance programs, or who make below $42,300 for 1-2 person household.

But about half of Arcata residents qualify for the program, said Miller, so even at a 10% reduction of rates, it would cost the city $550,000 a year.

And she said the city doesn’t have many revenue sources to pay to subsidize the program. The city can’t legally use other people’s rate revenue to pay for it, and using late fees for unpaid bills to subsidize bills is counterintuitive as the people who need the discount are often paying for late fees.

But Miller said they could raise the question again during the city’s budget process. She noted the rates establish the maximum rates, which could be adjusted down if the city’s financial situation changes.

Weed Lounges

The council unanimously approved a new ordinance that creates a permitting pathway for cannabis consumption lounges in Arcata.

The amendments are long-deferred changes to the code that were rehashed after two local businesses recently expressed interest in opening lounges, said city staff.

One interested party was Arcata dispensary Pacific Paradise.

Arcata resident Misha Blacker said the ordinance would be great for the economy and the community by providing “much needed third spaces,” during public comment.  [CORRECTION: This article originally identified Blacker as a co-owner of Pacific Paradise, which he no longer is.]

Michael Bettencourt, a partner of Pacific Paradise, said customers are asking for a place to smoke, and said tourists would be more likely to stay in a city with consumption lounges.

Eureka legalized this kind of business in 2019, and city staff pointed to cities like Ukiah, Sacramento and San Francisco that offer weed smoking lounges.

Jennifer Henson, general manager of Pacific Paradise, said the ordinance would allow a safe space for weed consumption, with many Arcata residents barred from smoking inside their home.

She said tourists staying in hotels often ask her where they can smoke, and she doesn’t have a real answer.

“We usually point them towards the alley and suggest that they keep a low profile,” she said.

The council was eager to approve the amendments.

Atkins-Salazar said she had concerns at first before reading the ordinance, notably provisions for employees and for odors affecting passerby, but said she found these concerns addressed.

The permit would go through the planning commission with an appeal process.

In this draft, the language concerned lounges staying in enclosed areas located in (or attached to) licensed cannabis businesses. Some council members were interested in more explicitly allowing outdoor consumption lounges.

Development Director David Loya said staff are looking into the possibly of explicitly allowing outdoor lounges. He said this would be appropriate for spots like Humboldt’s Premium, where few people are nearby that would be offended by odor.

“The reality is that people are smoking on our sidewalks all over the place,” he said.

The aims include enhancing public safety by providing regulated consumption locations, reducing conflicts from public cannabis smoking and supporting local businesses, according to a staff report.

The amendments would also allow temporary cannabis consumption at events like Cannifest, with smoking previously outlawed in city code.

The ordinance needs to be voted on again before becoming code, which Loya indicated would be at the next meeting.

Condors A0 and A1, in happier times. Video: Yurok Tribe.

PREVIOUSLY:

• MILESTONE! The First North Coast Condors Have Built a Nest in an Old-Growth Redwood, and There Very Well May Be an Egg in It

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Press release from the Yurok Tribe:

The first egg produced by the free‑flying Pacific Northwest condor population appears to be unsuccessful based on an analysis of the birds’ behaviors and flight patterns. However, the data are not conclusive and may remain so for several weeks. Due to the inaccessibility of the nesting area, observation of the parents’ behavior will continue for confirmation.

The reason biologists with the Northern California Condor Restoration Program (NCCRP) suspect the nest has failed is because the prospective parents, condors A0 and A1, have spent an extended period together far from the nest site, at a time when parental care of a potential hatchling would be necessary for the chick to survive. Many things may have gone wrong, ranging from an infertile egg to inadequate incubation chilling the egg, to hatching failure. If the egg failed to hatch, the pair could attempt to reproduce again this spring, a process biologists refer to as recycling, or more likely, they will try again next year. 

“While it is unlikely that a chick will fledge from the initial egg, we remain pleased to have taken this first step towards successful reproduction. We continue to hold a sliver of hope that it happens this year and look forward to future attempts knowing that the time will yet come when we have our first wild-fledged chick flying free in our homeland,” said Yurok Wildlife Department Director Tiana Williams-Claussen.

New condor parents frequently face challenges sustaining their first egg because of limited experience with the complex incubation process. Even if the egg has failed there is reason for optimism, as condor parents are far more likely to produce viable offspring the older and more experienced they become.

“Compared to their first breeding season, the probability of successful incubation is substantially higher during condors’ second season because they learn from their mistakes,” said Chris West, the Northern California Condor Restoration Program Manager and a Yurok Wildlife Department Senior Biologist.

Some condors may initiate nesting at five or six years of age, but first attempts at seven are far more common. It is promising that A0 and A1, two seven-year-old condors, made a solid attempt at breeding. As the oldest birds in the flock, they are leading the way for this most recent addition to the roster of condor release sites.

Program staff first noticed nesting behavior by condors A0 (Ney-gem’ ‘Ne-chween-kah) and A1 (Hlow Hoo-let) in early February, although actual confirmation of an egg was impossible due to the remoteness of the nesting site. A0 would have deposited the egg within a cavity of an old-growth redwood in the Redwood Creek drainage after months of searching for the ideal location.

Free flying since 2022, A0 (studbook 973) and A1 (studbook 969) were among the first condors reintroduced to Northern California. Currently, 23 condors reside in the wild within Yurok ancestral territory. With a goal of establishing a self-sustaining condor flock, NCCRP plans to release at least one group of birds every summer for at least 20 years.

A0 or Ney-gem’ ‘Ne-chween-kah’, which translates to “She carries our prayers”, was the only female in the first released NCCRP cohort. Having hatched at the Oregon Zoo on March 31st of 2019, she is the oldest condor in the flock and was released at the NCCRP site in 2022.

A1, nicknamed ‘Hlow Hoo-let’, which means “At last I (or we) fly!”, is 10 days younger than A0, and hatched on April 10th of 2019 at the Peregrine Fund’s World Center for Birds of Prey in Boise, Idaho.

Condors are slow to reproduce, with females laying only one egg at a time, and usually nesting only every other year. Young condors take months to learn to fly and rely on their parents for more than a year. They do not reach sexual maturity until at least age five.

Most commonly, condors stay paired with mates for successive years, although a new partner will be sought if one dies.

In general, condors begin breeding between six and eight years of age and can live more than 60 years. The next oldest male and female condors under NCCRP management are six-year and one-month-old male A2 (studbook 1010) Nes-kwe-chokw, and four-year and ten-month-old female A7 (studbook 1109) Hey-we-chek’.

Northern California Condor Restoration Program

The Northern California Condor Restoration Program is a partnership between the Yurok Tribe and Redwood National and State Parks (NPS). The program has received funding from U.S. Fish and Wildlife Service, Bureau of Indian Affairs, Administration for Native Americans, Pacific Gas and Electric Company, Global Conservation Fund, Redwood National Park Foundation, and many small donations from the public. The Yurok Tribe initiated the condor reintroduction project in 2008 as part of a long-term effort to heal the landscape within Yurok ancestral territory, a landscape to which the health and wellbeing of the Yurok people is inextricably connected. The restoration of California condor, prey-go-neesh in the Yurok language, is a vital part of this environmental and cultural revitalization effort. Alongside condor recovery, the Tribe is also undertaking several other wildlife conservation projects as well as implementing large-scale fish habitat restoration throughout the Klamath River, its tributaries, and the surrounding region. 

The NCCRP is part of the California Condor Recovery Program, which is an international multi-entity effort, led by the U.S. Fish and Wildlife Service, to recover the endangered California condor by establishing robust self-sustaining populations of condors within the historical distribution.

If you’d like to support the Yurok Tribe’s condor restoration work, please visit this link.

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This story was originally published by CalMatters. Sign up for their newsletters.

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The latest clash between California and President Donald Trump over abortion and gender-affirming care could soon leave doctors caught between state and federal law.

Under a bill that may soon pass the Legislature, California medical providers and affiliated businesses could face hefty state fines if they comply with a federal subpoena seeking abortion, gender-affirming or reproductive care information without first notifying the California attorney general, patients and providers.

But delaying responding to the feds could put them at risk of violating federal law, and independent constitutional scholars say the pending law might not survive a legal challenge.

The bill is in response to efforts the Trump administration and conservative states have undertaken to block or criminalize abortion services and care for transgender people.

Under Assembly Bill 1930, any medical provider or business served with any civil, criminal or regulatory inquiry, investigation, subpoena or summons seeking “legally protected health care activity” “shall not comply” unless the provider notifies the state attorney general as well as others involved in the care.

The measure’s author, Assemblymember Rick Chavez Zbur of Los Angeles, said the impetus for the bill, in part, was a federal subpoena from the Trump administration to Children’s Hospital Los Angeles seeking medical records for youth transgender patients.

“No one should have to fear that seeking lawful medical care in the state of California could put their privacy and their safety at risk,” he told the Assembly Judiciary Committee at a hearing last week.

Lawmakers spent just 17 minutes discussing AB 1930 at its first legislative hearing last week, despite the legal complexities and consequences for California’s patients, doctors, hospitals, insurers, tech companies and others. It passed on a party-line vote, according to the CalMatters Digital Democracy database. It now moves to the Assembly Public Safety Committee where it’s scheduled to be discussed on Tuesday

The Los Angeles hospital was one of 20 medical providers that offered gender-affirming care for minors that received federal subpoenas seeking patients’ medical records. At the time, the U.S. Justice Department said the subpoenas were part of an investigation into “health care fraud” and “false statements.” Some of the families sued to fight the subpoenas. In January, the feds backed off and didn’t receive the records.

Rady Children’s Hospital, which operates facilities in San Diego, Orange and Imperial counties, told CalMatters earlier this year that the U.S. Health and Human Services inspector general was investigating the hospital. The investigation preceded Rady’s decision to halt most gender-affirming services for minors, a decision that is now tied up in multiple court cases.

The measure says that in order for a business or provider to release records, the entity making the legal demand must include an affidavit declaring that the investigation is not related to punishing providers for performing abortions, transgender care or other services protected under California law or that the investigation involves a possible California crime or is an inquiry into “professional discipline.”

The recipient would be required to inform the attorney general’s office within seven days of receiving the legal demand. The attorney general would have an additional 30 days to review the matter before the recipient could comply with the order.

The measure, which is co-sponsored by Attorney General Rob Bonta, would also mandate that the provider notify patients and providers whose records are being sought. Those who break the rules would face civil penalties of up to $15,000 per violation.

Democrats move to protect abortion

California lawmakers have, in recent years, enacted more than a dozen laws designed to shield medical professionals from conservative states and the federal government on abortion and transgender health care.Democrats passed the laws after the U.S. Supreme Court overturned Roe v. Wade and other states began banning or criminalizing abortion. Thirteen states ban abortion and some, most notably Texas, penalize anyone who helps another person get an abortion.

Legislative efforts to protect clinicians and patient medical records have expanded as the Trump administration has increasingly politicized other services like gender-affirming care for minors.

Learn more about legislators mentioned in this story.

California laws prohibit state law enforcement from extraditing medical professionals who may have violated another state’s laws on abortion or gender-affirming care. They also prohibit medical facilities from sharing patient information about those services with out-of-state law enforcement.

LGBTQ+ civil rights group Equality California is the latest bill’s other co-sponsor. Zbur was its executive director before being elected to the Legislature.

Equality California’s legislative director, Craig Pulsipher, told the Judiciary Committee the measure builds “on California’s existing protections to ensure that patients can access health care without fear that their personal information will be weaponized against them.”

Various groups that oppose gender-affirming care are against the measure, as is the California Chamber of Commerce.

In a letter to lawmakers, representatives for the state’s influential business lobby said CalChamber’s members appreciate lawmakers wanting to “help defend businesses facing subpoenas,” and they don’t oppose the bill out of “support for misuse of subpoena powers.”“However, we are concerned that AB 1930 will compel businesses to violate federal law in order to comply with state law,” they wrote.

Layla Jane, a “detransitioner” who sued her health care provider over the gender-reassignment surgery she received as a teen, said the bill would protect doctors from investigations into negligent care and make it harder for patients like her to subpoena for medical records.“This bill shields providers so they can keep chopping up bodies,” she told the committee. “It wraps the doctors, the clinics, the gender industry in a legal blanket and says, ‘You are protected from accountability no matter who you harmed.’ There is no blanket for me.”

Would the bill survive a legal challenge?

Bill Essayli, a former Republican state lawmaker who oversees the U.S. Attorney’s Office in Los Angeles, said in a statement that Zbur’s measure would be unconstitutional.

“Any effort by California to restrict the federal government’s lawful use of, or compliance with, subpoenas is unlawful and unenforceable under the Supremacy Clause,” Essayli said.

Three independent constitutional scholars who CalMatters asked to review the bill suggested Essayli may have a point.

Under that provision of the U.S. Constitution, states cannot pass laws that run counter to the federal government’s legal authority.

“If there’s a conflict between federal law on the one hand, and state or local (law) on the other, federal law wins out,” said Erwin Chemerinsky, the dean of UC Berkeley School of Law.

Chemerinsky and the other scholars said the measure is unlikely to run into the same legal problems that caused a federal judge to block California’s attempt to ban federal agents from wearing masks. The judge in the mask case ruled that the state had discriminated against the federal government since it exempted state police from the ban.

This proposed measure doesn’t single out the federal government; the bill applies to any entity issuing subpoenas.Still, the scholars said forcing private health care providers and businesses not to respond to a subpoena on a federal deadline could be legally problematic.

“It looks like the federal government could say you’re impeding their law enforcement,” said Leslie Gielow Jacobs, a law professor at University of the Pacific McGeorge School of Law.

“Is this impeding federal … objectives?” said Vikram David Amar, a law professor at the UC Davis School of Law. “If so, it would be invalid under Supremacy.”

The California Attorney General’s Office responded to an interview request for Bonta with an unsigned written statement.

“Bills aren’t final when they’re introduced and can change throughout the legislative process,” it read. “Our office will continue to have conversations with stakeholders regarding AB 1930 and will address concerns as appropriate and needed.”