The legislation would expand California’s authority to fine water scofflaws who keep pumping. Even if fines had reached $10,000 a day, “I’m not so sure we wouldn’t have done it again,” one rancher says.

When ranchers violated an emergency order to stop pumping water from the drought-plagued Shasta River last year, state officials fined them $4,000, or roughly $50 each. Now California legislators are weighing a bill that would triple fines for such infractions — and could allow the penalty to climb higher than a million dollars.

Authored by Assemblymember Rebecca Bauer-Kahan, a Democrat from San Ramon, the bill cleared the Assembly in a 43 to 20 vote last week and is now awaiting discussion in Senate committees.

The proposed legislation aims to give California’s water enforcers more muscle to act swiftly and levy larger penalties for water agencies, irrigation districts and landowners who violate state orders and policies by pumping from rivers and streams.

Bauer-Kahan introduced AB 460 after CalMatters reported in November that the state had imposed minimal fines on about 80 Siskiyou County ranchers — served by the Shasta River Water Association — who had violated an emergency order to stop pumping. The river’s flows plunged by more than half, threatening ecosystems and rare fish such as salmon.

Yet in a public demonstration of the state’s limited powers, the ranchers kept the pumps on for eight days.

“Paying the fines was worth it to them to take what they took, and that shows a real weakness in what we have done,” Bauer-Kahan said. “It was so clear that our law was not working.”

The State Water Resources Control Board’s maximum fine under existing law is $500 per day. The state also can issue a cease and desist order, which carries maximum fines of $10,000 per day, but it requires a 20-day waiting period and allows the users to seek a public hearing. Such provisions allow the violations to continue for weeks.

“The board doesn’t have the tools to act quickly,” said Michael Kiparsky, water program director at the Center for Law, Energy & the Environment at UC Berkeley School of Law. “The fish don’t care if the lawyers are trying to figure out who’s right or wrong if they’re dead.”

Rick Lemos, a fifth generation rancher and board member of the Shasta River Water Association, said the ranchers turned their pumps on last August because their cattle were at risk without more water. Costs from hauling water and buying hay were climbing, and the ranchers faced the prospect of selling off cattle.

Jim Scala, a rancher in Siskiyou County, looks out over his dry stock pond in Montague on Aug. 29, 2022. Scala and others defied a state order to stop pumping water from the Shasta River. Photo by Martin do Nascimento, CalMatters

“We could have kept going for $500 a day,” said Rick Lemos, a fifth generation rancher and board member of the Shasta River Water Association.

Had the Assembly bill been in force then, the ranchers could have faced daily fines between $1,500 and $10,000, plus $2,500 for every acre-foot of water diverted, which could reach more than $1,000,000.

Lemos said if fines had reached $10,000 per day, “we definitely could have had to rethink it. That’s for damn sure.” Yet, he also added, “I’m not so sure we wouldn’t have done it again. When you got cattle out of water and you have no other options, what are you gonna do? “

“If you’ve got 5,000 head of cattle that are worth $1,200 apiece, and they’re starting to die. I mean, how much can you spend for eight or 10 days to remedy the problem?” he said.

The law would target landowners, water agencies and districts that take water from rivers and streams, not individual consumers who turn on their taps.

Sponsored by conservation groups — California Trout, the Planning and Conservation League and Trout Unlimited — the bill is also supported by the Karuk and Yurok Tribes.

“The fine doesn’t fit the crime,” Karuk Tribal Council Member Arron “Troy” Hockaday said. ”What’s gonna stop them from doing it again this year, or next year? Or anytime they want? I mean, you got 80 farmers only paying $50 apiece. They’re gonna keep doing it.”

Arron “Troy” Hockaday, a council member of the Karuk tribe, looks out on the Klamath River in Happy Camp on Aug. 29, 2022. Photo by Martin do Nascimento, CalMatters

But water providers, builders and agricultural groups oppose the bill, saying it is so broad that even those diverting water legally could be ensnared in the expanded water board powers.

“If (the bill) did nothing else but raise penalties, that would stop what went on on the Shasta,” said Kristopher Anderson, the Association of California Water Agencies’ legislative advocate. But he said, by expanding other authorities, “this bill systematically stacks the deck against water right holders in favor of the water board.”

One new authority would be issuing interim relief orders to stop diversions or address potential harms. In urgent cases, these could take effect immediately “to prevent imminent or irreparable injury to other legal users of water, or to instream beneficial uses,” the bill says. Water users who ignore an interim relief order could face fines of $10,000 per day and $2,500 per acre-foot diverted.

“Paying the fines was worth it to them to take what they took, and that shows a real weakness in what we have done…It was so clear that our law was not working.”
— Assemblymember Rebecca Bauer-Kahan, Democrat from San Ramon

Jennifer Pierre, general manager of the State Water Contractors, an association of public water agencies, said that vague definitions in the bill such as ‘irreparable injury’ creates uncertainty over what water would actually be available to suppliers in the future — which could impede development.

Anderson added he would prefer to see enforcement instead run through the courts rather than state-issued fines — an avenue that the water board could have but did not pursue with the Siskiyou County ranchers.

But water board officials said in the Shasta River case, seeking a court order would have kicked off a lengthy, resource-intensive battle.

“You’ve got both parties who are going to be subject to extensive litigation and litigation costs,” said Yvonne West, director of the water board’s Office of Enforcement. “We thought we could react quicker… In hindsight, we see that we didn’t gain the compliance we were hoping for from those initial actions.”

The Klamath River flows outside of Happy Camp on Aug. 29, 2022. Photo by Martin do Nascimento, CalMatters

Bauer-Kahan’s bill is one of several taking aim at the state’s byzantine, Gold Rush-era water rights system that state analysts warn has promised more water than is available. The system, which establishes priority among users, is facing mounting criticism for its history of inequality and exclusion of Native peoples and people of color.

Another bill would expand the state’s powers to curtail pumping from rivers and streams even by water users with claims that pre-date the state’s water rights law, enacted in 1914. A third would allow the board to investigate the legitimacy of senior water rights claims.

All three face opposition from builders, water providers and agriculture. So far they have cleared their houses of origin and are continuing through the Legislature.

California water watchers say it’s critical to bolster state powers to enforce water laws.

“Is the genie out of the bottle now?” Berkeley’s Kiparsky asked.

“What happens during the next drought now that it’s been very publicly demonstrated that water users can in essence treat the water board’s enforcement actions as an additional, and sometimes very modest, cost of doing business?”

###

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

Every two weeks, cars line up at The Hill Church in Vallejo for a drive-thru food distribution. While Whitney Houston songs play over a speaker, volunteers load 39 pounds of food into each trunk — canned tuna, eggs, potatoes and other staples.

Elvira Santiago, a retired medical assistant living in senior housing, is particularly excited about the bag of apples.

“We eat them every afternoon. And I’ll cook chicken adobo with the chicken and vegetables,” said Santiago, who visited the distribution Wednesday for the first time this month and expects to return again. “When you go to Savers or the Filipino grocery, $50 is hardly enough.”

Santiago is one of the thousands of Californians visiting food banks this year, some for the very first time. The Food Bank of Contra Costa and Solano, which organizes the Vallejo distribution, is serving 350,000 people every month across the two counties — double the 175,000 people it served per month before the pandemic.

“With inflation going up and CalFresh food assistance going down, I see people in their 20s to people of retirement age all coming out for help,” said Geo Dinoso, who manages distributions for the food bank. “I’m requesting more food every month at my distributions.”

California food banks, which saw more families seeking help during the pandemic, are now serving more people every month as extra benefits started during the pandemic come to an end. That is reducing benefits to 5.3 million Californians — and prompting the statewide food banks association to warn of a “catastrophic hunger crisis” this year.

Instead of functioning as sources of emergency aid, food banks say they are becoming long-term supermarkets for Californians facing food insecurity.

Recipients of CalFresh, California’s version of the federal food stamp program, were given the maximum benefits available for their household size during the pandemic, or at least $95 more a month if they were already at the maximum. However, those emergency allotments ended March 26, meaning that for some single-person households, CalFresh benefits dropped from $281 to as little as $23 a month.

Also, a federal program that gives eligible households food benefits to replace in-person school meals will conclude at the end of this school year. While a summer program will replace it, the benefit will be $40 per month for each child, a substantial drop from the $125 per month for each child families received last summer.

Elvira Santiago waits to receive food from the Food Bank of Contra Costa and Solano at The Hill Church in Vallejo on June 7, 2023. Photo by Shelby Knowles for CalMatters

Now, food banks are also worried about the federal debt ceiling agreement, which imposes more work requirements on food aid recipients.

“Often when people receive less CalFresh benefits or are kicked off the program more permanently, they turn to food banks to make up the difference. So we’re concerned about what the debt ceiling agreement will mean for food banks,” said Lauren Lathan Reid, director of communications at the California Association of Food Banks.

That surge in demand is already happening at Sacramento Food Bank & Family Services, which in 2023, has already had two of its five busiest months ever. In March and April, it served 305,000 and 280,000 people, respectively. Before the pandemic, the food bank served around 150,000 people per month.

“We don’t see an end in sight for this sustained hunger,” said Kevin Buffalino, the food bank’s communications director. “And if this is sustained, it is going to be very difficult for us to keep up.”

Other food banks in Northern California have seen similar spikes in demand. Berkeley Food Pantry, which serves families in Berkeley and Albany, has seen a 56% increase in demand in the first five months of 2023 compared to 2019.

Dharma Galang, director of the Berkeley Food Pantry, traces this increase in demand to a letter CalFresh recipients received in January informing them that emergency benefits would be scaled back in March.

Since then, the pantry has been running out of fresh vegetables, meat, eggs and dairy products — nutritious foods that are often more expensive at groceries.

Across the Bay, the San Francisco-Marin Food Bank is serving 56,000 households per week compared to 32,000 households before the pandemic. The programs it offers, including neighborhood pantries and home-delivered groceries, are at or over capacity, with long waiting lists.

Apple, onions, and potatoes ready for distribution at the Food Bank of Contra Costa and Solano in Vallejo on June 7, 2023. Photo by Shelby Knowles for CalMatters

“To deal with this, we’ve had to scale back and simplify our menus,” said Meg Davidson, the food bank’s policy and advocacy director.

The food bank also works with a multilingual outreach team that helps people sign up for CalFresh benefits. Since March, many people have stopped applying for CalFresh because the benefits have reduced so drastically.

“To go from $281 to $23 a month is devastating, you cannot come back from that,” Davidson said. “In a place like the Bay Area, the benefit allotments are completely out of touch with reality.”

Even with the extra benefits during the pandemic, 20% of Californians still faced food insecurity in 2021. This year, the number is expected to rapidly rise.

From experiences during the 2008 Great Recession and recent survey results from food banks, Reid of the state association anticipates an increase in demand for food for many years to come.

Solutions at the Capitol?

There are efforts underway at the Legislature to increase the minimum CalFresh benefit. Senate Bill 600, authored by state Sen. Caroline Menjivar, raises the amount from $23 to $50 per month.

“I know $50 isn’t enough. New Jersey has $95, and their cost of living is nowhere near ours,” said Menjivar, a Van Nuys Democrat.

The bill, however, is estimated to cost $95 million a year, a steep price tag amid California’s $31.5 billion budget deficit.

Food banks across California are in favor of this bill, in addition to SB 348, which would ensure access to summer food and school meals programs, and SB 245 and Assembly Bill 311, which would provide state-funded nutrition benefits to all Californians regardless of their immigration status.

“We’re heartened to see that lawmakers at the state level have been acknowledging that this hunger crisis is still going on,” said Davidson of the San Francisco-Marin Food Bank. “We’ve been seeing the exact opposite at the federal level with Congress holding the debt ceiling hostage over SNAP restrictions, and unfortunately we’re seeing it from our local government.”

All four bills have passed their first house, but could face hurdles to become law as the Legislative Analyst’s Office warns that the state cannot afford costly new programs.

Gov. Gavin Newsom’s May budget plan includes $60 million for CalFood, which enables food banks to distribute California-grown produce; more than $300 million for School Meals for All; and a total of $2.7 billion in combined state and federal funding for anti-hunger programs.

The budget does not include any money for Market Match, California’s largest nutrition incentive program that allows CalFresh shoppers to double their benefits on fruits and vegetables at farmers’ markets across the state. This has sparked concern from farmers, food banks, and CalFresh recipients who obtained 38 million servings of fruits and veggies through the program.

Newsom’s plan also does not include money to increase the monthly minimum CalFresh allotment, and Menjivar said it will be a challenge to get it included.

Food Bank of Contra Costa and Solano volunteer and staff load groceries into cars in Vallejo on June 7, 2023. Photo by Shelby Knowles for CalMatters

Food banks are continuing to advocate for the bill to be in the final budget, which is now being negotiated, with a June 15 deadline for the Legislature to pass at least its version.

“Levels of hunger during the pandemic did not significantly spike, and that was only because we had public programs and food banks that stepped up. If we don’t continue to have investments from the state and federal governments, then all the weight is going to be put on food banks,” said Reid.

For now, people from all walks of life will continue to line up in their cars at the Vallejo food bank. Alvin Angeles, a 32-year-old caretaker in Vallejo who just had a baby, will wait in his car alongside Dave Terry, a 64-year-old on disability.

“It’s a sad thing to see in our United States of America,” said Terry. “I don’t see an end in sight. We need a lot of policy changes.”

###

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

Gloria Mae Hartman passed into the presence of the Lord Jesus on May 17, 2023 at 91 years old.

Gloria was born in Alton on March 4, 1932, to Evelyn and George Shreeve. She lived in Scotia until the family moved to Eureka, where she attended Eureka High School. While living in Scotia, at the age of 12, she spent a summer working at her aunt’s restaurant in Rio Dell. As a senior in high school, she fell in love with Carvel Hartman, and they were married on June 21, 1950. They were married for almost 73 years and loved each other very much.

Gloria and Carvel had four children: David Hartman, Dennis Hartman, Rebecca Younger, and Randall Hartman. While raising a family, Gloria worked as the secretary at First Covenant Church in Eureka for many years. She also worked in the admissions office at College of the Redwoods for a short time.

When Gloria was in her early 20s, she made a life-changing decision while attending First Covenant Church. She asked Jesus to save her, and He did. Her life changed and she served the Lord in many ways over the years. She was part of Sunday School in Samoa, led by American Sunday School Union. She faithfully took her family to church and taught her children to love the Lord. Her family was introduced to Jesus because of her faithfulness. She taught Good News Clubs in her home through Child Evangelism Fellowship. She attended many Bible studies and was a leader in Bible Study Fellowship and then Church Bible Studies.

Gloria and Carvel were instrumental in helping others in need. There were times they gave funds to couples serving in local ministries so they could take much needed breaks, without anyone knowing.

Gloria loved music and passed that love onto her children and grandchildren. All it would take would be one word and she would break out singing a song. Her wealth of music spanned from the years of her life, often hearing her sing songs from the ‘40s and 50s, as well as many songs that were reflective of her relationship with God and how much He meant to her. One of the family’s favorite memories is sitting around the campfire on their property at Cook’s Valley, singing songs and laughing. She also sang in the church choir for many years and her voice was a favorite familiar sound to her grandchildren.

Another favorite memory is time the family spent gathered around their kitchen table for family dinners. Gloria was a wonderful cook and passed her love of cooking on to her grandchildren. Christmas dinners were a favorite time of gathering, but on many other occasions, Gloria’s table was full of family and friends.

In Gloria’s later years, the challenges of arthritis and cancer caused her much pain, but she kept looking to the Lord for her strength and joy. Her family is thankful that these pains have passed, and she is in Heaven with her Lord.

Gloria was a friend, teacher, encourager and helper.

Gloria is survived by her husband of almost 73 years, Carvel Hartman. She is survived by her children, David Hartman (Lee) of Eureka, Dennis Hartman (Daphne) of Medford, Rebecca Younger (Kevin) of Nampa, Idaho, and Randy Hartman of Topeka, Kansas. She is also survived by her grandchildren, whom she dearly loved- Kevin Hartman, Gwen Hartman, Sharie Cook, Matt Hartman, Connie Hartman, Angela Hansen, Jay Younger, Jennifer Pearsall, Randy Hartman, Jr., Aubrey Kolbeck, Trisha Delp and Stephanie Bivens. She is also survived by 12 great-grandchildren and numerous nieces and nephews.

Gloria was predeceased by her parents, Evelyn and George Shreeve, and her brothers, James Shreeve and Larry Shreeve.

The family would like to thank Karen of Visiting Angels for her care and kindness to their mom.

A celebration of life will be held at a later date. If you would like to be notified, please email Rebecca at rlyounger24@gmail.com

Through It All

“I’ve had many tears and sorrow
I’ve had questions for tomorrow
There’ve been times I didn’t know right from wrong
But in every situation
God gave me blessed consolation
That my trials come to only make me strong.

And Through it all
Through it all
Oh, I’ve learned to trust in Jesus
I’ve learned to trust in God.
Through it all
Oh, through it all
I’ve learned to depend upon His word

So I thank God for the mountains
And I thank Him for the valleys
And I thank Him for the storms He’s brought me through
For if I’d never had a problem
I’d never know God could solve them
I’d never know what faith in His word could do
That’s the reason I say that

Through it all
Oh, through it all
Oh, I’ve learned to trust in Jesus
I’ve learned to trust in God.
Through it all
Through it all
Oh, I’ve learned to depend upon His word”

###

Carol Lee Lytle
Feb. 21, 1950 - May 5, 2023

Carol Lytle passed away at home in Eureka on May 5, 2023. She was born in San Bernardino County to David Funderburg and Dorothy May Deam (Luderman), and was later family with her step-father Bill Luderman and step-mother, Virginia Funderburg. She attended Pacific High School. Carol had two sons, Carl and Kevin, with her first husband, Dennis Patton in the San Bernardino area. She worked as a bus driver, later moving to Eureka closer to her sons and grandchildren, and finding her partner Doug. She worked in an insurance office, bartended, and completed a College of the Redwoods program leading to her work in the nursing field.

Carol married her second husband, Lynn Lytle, and they lived many years in Olympia Washington, where Carol was employed by the State of Washington as an administrative and information systems assistant. After retiring, Carol and Lynn moved to Grants Pass, Oregon and then back to Eureka. She lived in Humboldt County for about 21 years all together.

Carol enjoyed spending time with family and cuddling with her various little dogs. She loved birds, especially hummingbirds, and spent time gardening and growing many types of flowers. She took pride in Lynn’s creative woodwork and enjoyed cooking and playing card games, dominos, and sharing stories with friends and family.

Carol’s siblings were Linda, Denise, David, Chester, and Treva. She had step-children Jimmy, Jesse, Cathy, and Jeanette. She was blessed with grandchildren Amy, Jillian, Eric, Ashlee, Kayla, Bryce, Sean, Jack, and Willy. Her many great-grandchildren were Ryan, Allee, Lokia, Julionna, James, Jerica, Stephen, Cameron, Kaitlyn, Alex (Hunter), Madison, Jasmine, and Jameson. She had one great-great grandchild, Karter. Carol’s nephews and nieces were Rick, Kim, Jessica, Selena, Ashley, Kyle, David, Rebecca, Bill, Chuck, and Annie.

Press release from Friends of the Dunes:

On the morning of June 8 (World Ocean Day) about 700 local students spent their school day caring for the coast during the 18th Annual Kids Ocean Day event at the Mike Thompson Wildlife Area, South Spit of the Humboldt Bay. After spending the day restoring dune habitat and picking up trash, students, teachers, and volunteers formed a giant image of a western snowy plover and nest with the message “Give Us A Chance.” The aerial art image was designed by Jess Barger, and captured by drone pilot and photographer Justin Legge.

Friends of the Dunes and the Bureau of Land Management Arcata Field Office organize the Kids Ocean Day event locally with help from Watersheds Stewards Project and California State Parks Lifeguards. Kids Ocean Day is part of a statewide Adopt-a-Beach program funded by the California Coastal Commission. Humboldt County’s event is one in a series of student cleanups and aerial art displays at five locations along the California Coast throughout late May and early June, leading up to World Ocean Day. Prior to these events, students receive classroom presentations highlighting the biodiversity of our coasts and ocean, highlighting the many benefits of healthy coastal ecosystems. Students also learn about human relationships with the natural world around us. As individuals, we can make choices that lessen our environmental impact, such as reducing, reusing, and recycling. As a community, we can have an even larger positive impact. Kids Ocean Day is an annual celebration and a day of action. At the five events along the California coast, over 7,500 students spent the day cleaning up litter and marine debris in an effort to keep our beaches, oceans, and waterways clean and healthy. In Humboldt, students focus on removing non-native, invasive plant species to create space for native biodiversity and cleaning up trash.

“This year Kids Ocean Day lined up with World Ocean Day, so it’s a wonderful opportunity to really highlight how we are all connected to our ocean and coastal habitats,” said Emily Baxter, Friends of the Dunes Education Coordinator. “It’s an extraordinary opportunity to foster a connection between all of these students and our local environments through stewardship. It gives them a chance to help make a difference and to be part of the solution.”

For this year’s event, we chose the image of a western snowy plover and its nest because this threatened species is an excellent indicator of healthy, thriving coastal environments. The western snowy plover is a small ground-nesting shorebird that breeds on beaches and river bars from Baja to Washington. These birds face many challenges to breeding success, including nest predation by animals such as ravens, crows, and skunks, in addition to the loss of habitat. Snowy plovers have higher breeding success in coastal areas with native vegetation, as opposed to beaches that have been invaded by non-native plant species such as European Beachgrass (Ammophila arenaria). But our message is not just about plovers. The “us” represents all nature, the kids forming the image, and future generations. The unhatched eggs represent hope for the future - a new opportunity to support healthy, thriving coastal environments. Restoration of our coastal dunes supports increased biodiversity of plant and animal life and increased resilience to sea level rise. When given a chance, kids are excited to step up and help care for these coastal environments that they love.

Participating Schools included: Fuente Nueva Charter School, Creekside Arts & Education, Bridgeville Elementary, Pacific Union School, Eureka High, Gnome’s Forest, Jacoby Creek School, Zane Middle School, Trinidad Elementary, Big Lagoon Elementary, Blue Lake Elementary, Scotia Elementary, Orick School, Washington Elementary, Lafayette Elementary, and Sunny Brae Middle School.

Friends of the Dunes is dedicated to conserving the natural diversity of coastal environments through community-supported education and stewardship programs. Projects include the Bay to Dunes school education program, Dune Ecosystem Restoration Team, and the Humboldt Coastal Nature Center. For more information visit friendsofthedunes.org.

The Bureau of Land Management’s Arcata Field Office is responsible for the administration of natural resources, lands, and mineral programs on approximately 200,000 acres of public land in Northwestern California. The Area includes the 60,000-acre King Range National Conservation Area and the 7,472-acre Headwaters Forest Reserve.

This annual event was started by the Malibu Foundation for Environmental Education and the California Coastal Commission in Los Angeles in 1994. With Whale Tail License Plate funding, this program expanded to the North Coast in 2005. The program focuses on reaching children in underserved and inland schools. Our statewide Kids Ocean Day partners include I Love a Clean San Diego, Orange County Coastkeeper, the Malibu Foundation for Environmental Education, the Marine Science Institute, California Coastal Commission, and Spectral Q Aerial Art.

The California Coastal Commission is committed to protecting and enhancing California’s coast and ocean for present and future generations. It does so through careful planning and regulation of environmentally-sustainable development, strong public participation, education, and effective intergovernmental coordination. The Kids’ Ocean Day program is part of the Commission’s effort to raise public awareness of marine and coastal resources and promote coastal stewardship. Funding for this program comes from sales of the WHALE TAIL® License Plate and donations to the Protect Our Coast and Oceans Fund on the California state tax return. For more information about the California Coastal Commission’s programs and how to buy a Whale Tail Plate, call (800) COAST-4U or visit www.coastforyou.org.

For years, Gov. Gavin Newsom has signed law after law layering on bans, restrictions and limitations on guns in California, only to see those laws swatted down by conservative judges for violating the U.S. Constitution’s right to keep and bear arms.

Now Newsom has a new idea: Change the Constitution itself.

Today the governor, who has become one of the country’s most outspoken advocates for tighter gun laws, proposed adding a 28th amendment to the U.S. Constitution to place new age limits, background check requirements and mandatory waiting periods for gun purchasers. His proposed amendment would also ban the civilian ownership of so-called assault weapons.

Most of these proposals come from California’s own lengthy list of gun laws. They’re popular here. But though Congress has yet to pass them, most public polling suggests they’re broadly popular ideas across the country.

Adding an extra amendment is extraordinarily difficult. But for Newsom, the proposal may be as much about political strategy as constitutional law.

“We want to go on the offense and be for something and build a movement that’s bottom up, not top down,” he told Politico in advance of his announcement.

Shortly after the news dropped, Newsom’s PAC, Campaign for Democracy, blasted out a text alert urging supporters to signal their support by sharing their name and contact information. Recipients were also invited to make a donation.

Here are five questions about Newsom’s latest proposal, answered.

What would the Newsom amendment actually do?

The governor’s office has yet to share the text of Newsom’s proposed addition to the Constitution. Democratic Assemblymember Reggie Jones-Sawyer plans to introduce the amendment in the California Legislature, but was no more forthcoming with details on Thursday.

But according to the governor, the amendment would add four specific firearm restrictions to the U.S. Constitution:

• Raise the federal minimum age for all gun buyers to 21. Federal rules already apply that higher limit to handgun purchasers, but 18-year-olds are allowed to buy rifles and shotguns.
• Require an as-yet-unspecified “reasonable waiting period” between the time a person pays for and receives a gun. California has a 10-day waiting period, though there is no nationwide policy.
• Require background checks for all gun purchases. Federal law already mandates this for sales from licensed firearm dealers, but not for non-professional vendors who might set up a stall at a gunshow or sell to a family member or friend. California already imposes mandatory background checks on all sales.
• Bar civilian purchase of assault weapons. California has such a ban in place, but as lawmakers here have discovered, coming up with a consistent, working definition of “assault weapon” is easier said than done.

In a press release touting the announcement, Newsom stressed his proposed constitutional change would leave “the Second Amendment unchanged.” But the governor’s proposed 28th amendment would also “affirm Congress, states, and local governments can enact additional common-sense gun safety regulations that save lives.”

Whether those two pledges contradict one another depends on how robust one believes the Second Amendment’s protections truly are.

Many gun safety rules described by their proponents as “common sense” have been found by courts to run afoul of the Constitution. After the Supreme Court struck down restrictions on concealed carry permits last year, applications surged in California — particularly in the state’s liberal-leaning counties.

What are the odds of this actually happening?

Not great.

Since the framers of the Constitution ratified the first 10 amendments in 1791, the document has been tweaked only 17 times. The last amendment was added 31 years ago.

Why so few? Because amending the Constitution is really hard.

Proposing an amendment requires the support of two-thirds ofthe U.S. House and Senate. Another, more bottom-up option: Two-thirds of state legislatures (34 out of 50) can propose the convening of a Constitutional Convention

Some context: Two-thirds of the Congress rarely agrees on anything, much less something as politically charged as gun control. As for the convention route, the notion of inscribing gun restrictions in the Constitution is likely to meet a chilly reception in the 28 statehouses currently held by the GOP. Plus, the convention method has never been used, so it’s not entirely clear what it would look like. Even so, Newsom appears to be pursuing the second strategy, which is why Jones-Sawyer plans to float the idea in the Assembly.

Jones-Sawyer said that, as part of their effort, lawmakers would reach out to other state legislatures where they had strong relationships and Newsom could speak with other governors to get this proposal on the agenda in other states — even those controlled by Republicans.

But whether proposed by Congress or convention, actually adding the next text to the Constitution faces an even higher barrier: The sign off of three-fourths of state legislatures (38 of 50), or three-quarters of state conventions called to consider the amendment.

Are these gun safety policies actually effective?

According to the RAND Gun Policy in America initiative, which gathers and summarizes research on the topic, some evidence suggests that all four of the policies proposed by Newsom would reduce gun violence, but in different ways.

Raising the age limit for gun buyers is associated with reduced rates of suicide. More expansive background checks coincided with overall reductions in violent crime. Longer waiting periods corresponded with both. And though the evidence on assault weapon bans is a bit weaker, some studies suggest they may reduce both the number of mass shootings and make those that do occur less deadly.

What about California’s own gun violence problem?

California has some of the strongest gun restrictions in the country. Its rate of gun deaths is also among the lowest.

But though Newsom may tout California as a national model on gun policy, the state has often struggled to implement the laws it already has on the books, a point underscored today by some of Newsom’s critics.

“This is just another political stunt from this governor who does this all the time to distract from his failures in California,” said Assembly Republican Leader James Gallagher of Chico.

Gallagher agreed that gun violence is a problem politicians need to address and that California’s background check laws had likely contributed to its lower rates of shootings, but he slammed Democrats for not prioritizing getting guns out of the hands of criminals.

For years, the state has maintained a list of gun owners who committed a felony or a violent misdemeanor and lost the legal right to possess a firearm. And for years, the state’s Department of Justice has struggled to bring that backlog of “armed and prohibited persons” down by seizing weapons from people on the list.

California also has an expanded “red flag” law that allows police officers, family members, romantic partners and roommates to ask a court to order firearms removed from someone if they’re believed to pose a threat to themselves or others. But law enforcement agencies have struggled to roll out these programs.

California legislators, the majority of whom favor tighter restrictions on firearms, are also scrambling to push back against a judiciary intent on empowering gun owners. Glendale Democratic Sen. Anthony Portantino wrote a bill that promises to reimpose some of the restrictions on concealed carry permits recently struck down by the Supreme Court. But it won’t become law before next year and is all but certain to face a legal challenge.

For some of Newsom’s allies, the impediment imposed by the courts makes changing the Constitution not just a necessary step to reduce gun violence across the country, but to protect the laws that California has already passed.

“With the radicalization of the Supreme Court having a detrimental impact on the public safety of all Americans as it systematically dismantles common sense gun legislation, we must look at a constitutional amendment to both ban assault weapons and to protect the sanctity of California’s ability to regulate firearms and keep our citizens safe,” said Portantino in a statement.

Is this just a political stunt?

Newsom has said over and over that he has no interest in running for president, while repeatedly doing things consistent with someone very interested in doing exactly that.

In recent years, the governor has enthusiastically elevated his national profile by picking fights with Republican governors, scolding his own party for failing to go on the offensive and touring red states. Add floating a base-riling constitutional amendment to the list.

But even if Newsom’s amendment isn’t likely to get ratified anytime soon, there’s still value in “injecting it into the public square,” said longtime Democratic political strategist Garry South.

“For nearly 50 years the anti-abortion crowd has been pushing for a constitutional amendment to ban abortion,” he said. “That was never going to happen, but they banged that drum for so long and so loudly that ultimately, the US Supreme Court overturned Roe v Wade.”

And even if Newsom’s proposal is just politics, it may be smart politics. Tighter gun restrictions may be a no-go in Congress, but they have broad popular appeal, even among some Republicans.

According to a Fox News national poll from this spring, more than three-fourths of respondents favor some version of the governor’s first three proposals: a 21-year age limit, universal background checks and a 30-day waiting period.

Another 61% support a national ban on assault weapons, the pollsters found. Newsom is slated to discuss the proposed amendment on Monday with Fox News personality Sean Hannity.

###

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

This is Elder Abuse Awareness Month.

What sorts of elder abuse cases do we see in Humboldt County? How many? What does local government do to combat elder abuse, and what can you do to help?

Keri Schrock of the Humboldt County Department of Health and Human Services’ Adult Protective Services’ division joins the Outpost’s John Kennedy O’Connor to talk about this things —

Video above, transcript below.

###

O’CONNOR:

Well, welcome to another Humboldt Conversation. I’m really thrilled to say we’re here today with Keri Schrock, and Keri is the Adult Services Program Manager with the Humboldt County Department of Health and Human Services. That’s quite a long title, quite a long mouthful. But we’re here today to talk about a very important program that’s coming up that you’ve been working on recently, which is the Elder Abuse Awareness Month and the day that’s coming up on the 15th. Now, this is something that when you sent us your press release, I was really actually very disturbed to read about the number of cases of abuse that your department is dealing with almost on a daily basis and certainly within a month. It’s very, very worrying.

SCHROCK:

And actually the number of reports that we get is not the number of abuse cases that are actually happening. Because elder abuse is underreported kind of everywhere. And elders are the fastest growing population right now. And we get reports every day that social workers are answering to.

O’CONNOR:

Which is really kind of concerning, but I immediately thought of physical abuse and emotional abuse, but it’s not, it’s financial abuse and all sorts of different things, including sexual abuse, which really disturbs me.

SCHROCK:

Yes, and in addition to those, there’s also neglect, there’s self-neglect, and there’s also neglect by others like a caretaker. And when you mentioned financial abuse, we actually have seen a rise in that the pandemic really had an effect on the older population. COVID just increased isolation and loneliness for elders who, they were the ones pretty much most at risk of complications or death from the pandemic. And so that caused them to be even more isolated and targeted a lot by people who were committing fraud.

O’CONNOR:

Now, your department works with a number of different social workers but also I believe some volunteers as well who are out in the community. How do you respond when you get a call of abuse?

SCHROCK:

Well, we take calls that come in. Sometimes they meet criteria, sometimes they don’t. But if somebody is concerned or even has a suspicion of abuse, they can call our hotline. The number is 476-2100. And then a social worker takes the call, they screen it. The information goes to a supervisor who will review the report and assign it if it meets criteria. And then the social worker will make contact and do an investigation and provide services. And a lot of people think that there’s some fear that a social worker is going to come out and maybe do some intervention that they don’t want. But really, the goal of Adult Protective Services is to keep people safe in their homes and honor their right to make their own decisions and self-determination. So we’re really there to be helpful. And to help them remain independent. 

O’CONNOR:

Now, there is this month happening right now in June 2023, which is an Elder Abuse Awareness Month. What programs are in place, what is happening this month to help people become aware of this situation?

SCHROCK:

We are doing additional outreach. We have staff that are at the Arcata Farmers’ Market. We have a booth there where we have information. Social workers can answer questions. We have coloring pages for children. The coloring pages are also available at the Eureka Library, the Humboldt County Library. We have a banner that is hung up, that will be hung up in Eureka as well as one in Arcata that just it gives our phone number and just says to honor our elders because we do want the focus to be on the issues of elder abuse but also to put some emphasis on really honoring this this really important part of our community because everybody will hopefully be an elder one day or loves an elder or or somebody a friend or a family member is an elder that needs to be looked after.

O’CONNOR:

Now, of course the community is very important to supporting your work in many respects because not only are they the eyes and ears of what might be happening but they can also protect their own loved ones who may be vulnerable to other influences.

SCHROCK:

Yes, yes. So ideally people will just having us out and about in the community a little bit more, people will think about somebody that they know, maybe a loved one, maybe a neighbor, just check in on people, check in on your elders, give people a call, reach out. A lot of times the signs might not be not might not be super visible. When you hear about abuse, you might think of bruises or injuries, but there’s also signs of somebody maybe who used to be very vibrant and out and about, a neighbor that you saw all the time that was friendly that now you notice maybe there’s someone new living in the home and that person, the elder looks now kind of unkempt and doesn’t really come to the door or just changes in behavior are some of the indicators of abuse.

O’CONNOR:

And there’s a specific National Awareness Day, isn’t there, for the entire nation, that’s on the 15th? Yes.

SCHROCK:

June 15th. I know that our banner will be up that day. I actually off the top of my head don’t know what day of the week that is. So I don’t know that we are doing something. Wednesday I think. Okay, okay. So I don’t think we’re doing anything extra specific on that day. We do have these purple ribbons. Purple is the color for elder abuse awareness. So we have ribbons available several places in the community and we also have those at the places we’re tabling.

O’CONNOR:

Yes, and I actually saw them when I arrived here today. You’ve got a little basket full of them, which has a little booklet as well of the signs to look for.

SCHROCK:

Uh huh, and our phone number to call and so you can grab one on your way out. I will do that. And yes, so we have a really good dedicated team of social workers and support staff. We actually are, we actually have some vacancies for openings so if somebody is interested in a job you can call 476-2100 you can ask to talk to me, Keri. We have openings in our supportive services program as well as with adult protective services. Well, thank you.

O’CONNOR:

If anybody wants to reach out, that’s the number from Keri. We’ll also put that on the screen as well. Keri, it’s been a pleasure to talk to you. It’s not an easy subject to discuss. And I really appreciate the work that your team are doing here. And I think people, you know, during this month will become more aware of what’s going on in their community and how they can help actually support your services.

SCHROCK:

Great.

O’CONNOR:

Well, Keri, it’s lovely to meet you. Thank you so much. Thank you. Thank you so much for joining us for a Humboldt Conversation. And join us for another one again very, very soon.