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Tag: California state government

  • OpenAI picks labor icon Dolores Huerta and other philanthropy advisers as it moves toward for-profit

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    OpenAI has named labor leader Dolores Huerta and three others to a temporary advisory board that will help guide the artificial intelligence company’s philanthropy as it attempts to shift itself into a for-profit business.

    Huerta, who turned 95 last week, formed the first farmworkers union with Cesar Chavez in the early 1960s and will now voice her ideas on the direction of philanthropic initiatives that OpenAI says will consider “both the promise and risks of AI.”

    The group will have just 90 days to make their suggestions.

    “She recognizes the significance of AI in today’s world and anybody who’s been paying attention for the last 50 years knows she will be a force in this conversation,” said Daniel Zingale, the convener of OpenAI’s new nonprofit commission and a former adviser to three California governors.

    Huerta’s advice won’t be binding but the presence of a social activist icon could be influential as OpenAI CEO Sam Altman attempts a costly restructuring of the San Francisco company’s corporate governance, which requires the approval of California’s attorney general and others.

    Another coalition of labor leaders and nonprofits recently petitioned state Attorney General Rob Bonta, a Democrat, to investigate OpenAI, halt the proposed conversion and “protect billions of dollars that are under threat as profit-driven hunger for power yields conflicts of interest.”

    OpenAI, the maker of ChatGPT, started out in 2015 as a nonprofit research laboratory dedicated to safely building better-than-human AI that benefits humanity.

    It later formed a for-profit arm and shifted most of its staff there, but is still controlled by a nonprofit board of directors. It is now trying to convert itself more fully into a for-profit corporation but faces a number of hurdles, including getting the approval of California and Delaware attorneys general, potentially buying out the nonprofit’s pricy assets and fighting a lawsuit from co-founder and early investor Elon Musk.

    Backed by Japanese tech giant SoftBank, OpenAI last month said it’s working to raise $40 billion in funding, putting its value at $300 billion.

    Huerta will be joined on the new advisory commission by former Spanish-language media executive Monica Lozano; Robert Ross, the recently retired president of The California Endowment; and Jack Oliver, an attorney and longtime Republican campaign fundraiser. Zingale, the group’s convener, is a former aide to California governors including Democrat Gavin Newsom and Republican Arnold Schwarzenegger.

    “We’re interested in how you put the power of AI in the hands of everyday people and the community organizations that serve them,” Zingale said in an interview Wednesday. “Because, if AI is going to bring a renaissance, or a dark age, these are the people you want to tip the scale in favor of humanity.”

    The group is now tasked with gathering community feedback for the problems OpenAI’s philanthropy could work to address. But for California nonprofit leaders pushing for legal action from the state attorney general, it doesn’t alter what they view as the state’s duty to pause the restructuring, assess the value of OpenAI’s charitable assets and make sure they are used in the public’s interest.

    “As impressive as the individual members of OpenAI’s advisory commission are, the commission itself appears to be a calculated distraction from the core problem: OpenAI misappropriating its nonprofit assets for private gain,” said Orson Aguilar, the CEO and founding president of LatinoProsperity, in a written statement.

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    The Associated Press and OpenAI have a licensing and technology agreement that allows OpenAI access to part of AP’s text archives.

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  • California to apologize for state’s legacy of racism against Black Americans under new law

    California to apologize for state’s legacy of racism against Black Americans under new law

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    SACRAMENTO, Calif. (AP) — California will formally apologize for slavery and its lingering effects on Black Americans in the state under a new law Gov. Gavin Newsom signed Thursday.

    The legislation was part of a package of reparations bills introduced this year that seek to offer repair for decades of policies that drove racial disparities for African Americans. Newsom also approved laws to improve protections against hair discrimination for athletes and increase oversight over the banning of books in state prisons.

    “The State of California accepts responsibility for the role we played in promoting, facilitating, and permitting the institution of slavery, as well as its enduring legacy of persistent racial disparities,” the Democratic governor said in a statement. “Building on decades of work, California is now taking another important step forward in recognizing the grave injustices of the past –- and making amends for the harms caused.”

    Newsom signed the bills after vetoing a proposal Wednesday that would have helped Black families reclaim or be compensated for property that was unjustly seized by the government through eminent domain. The bill by itself would not have been able to take full effect because lawmakers blocked another bill to create a reparations agency that would have reviewed claims.

    California entered the union as a free state in 1850. In practice, it sanctioned slavery and approved policies and practices that thwarted Black people from owning homes and starting businesses. Black families were terrorized, their communities aggressively policed and their neighborhoods polluted, according to a report published by a first-in-the-nation state reparations task force.

    Efforts to study reparations at the federal level have stalled in Congress for decades. Illinois and New York state passed laws in recent years creating reparations commissions. Local officials in Boston and New York City have voted to create task forces studying reparations. Evanston, Illinois, launched a program to provide housing assistance to Black residents to help atone for past discrimination.

    California has moved further along on the issue than any other state. But state lawmakers did not introduce legislation this year to give widespread direct payments to African Americans, which frustrated some reparations advocates.

    Newsom approved a $297.9 billion budget in June that included up to $12 million for reparations legislation that became law.

    He already signed laws included in the reparations package aimed at improving outcomes for students of color in K-12 career education programs. Another proposal the Black caucus backed this year that would ban forced labor as a punishment for crime in the state constitution will be on the ballot in November.

    State Assemblymember Isaac Bryan, a Democrat representing Culver City, called legislation he authored to increase oversight over books banned in state prisons “a first step” to fix a “shadowy” process in which the Department of Corrections and Rehabilitation decides which books to ban.

    The corrections department maintains a list of disapproved publications it bans after determining the content could pose a security threat, includes obscene material or otherwise violates department rules.

    The new law authorizes the Office of the Inspector General, which oversees the state prison system, to review works on the list and evaluate the department’s reasoning for banning them. It requires the agency to notify the office of any changes made to the list, and it makes the office post the list on its website.

    “We need transparency in this process,” Bryan said. “We need to know what books are banned, and we need a mechanism for removing books off of that list.”

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    Sophie Austin is a corps member for The Associated Press/Report for America Statehouse News Initiative. Report for America is a nonprofit national service program that places journalists in local newsrooms to report on undercovered issues. Follow Austin on X: @sophieadanna

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  • New Mexico revokes license of local marijuana retailer for selling cannabis from California

    New Mexico revokes license of local marijuana retailer for selling cannabis from California

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    SANTA FE, N.M. (AP) — New Mexico has revoked the license of a marijuana retailer in Albuquerque for selling out-of-state cannabis in violation of state law, the state cannabis control division announced Thursday.

    Regulators allege that the Paradise Exotics Distro cannabis store on a central shopping thoroughfare sold cannabis products imported from California and marked with a California stamp of origin. Representatives for the business could not immediately be reached by phone or social media.

    New Mexico is among at least 21 states that have legalized recreational marijuana for adults, while a federal marijuana ban still precludes interstate cannabis trade or trafficking.

    Some legal cannabis growers in Washington state who were ordered to halt operations in April over concerns about pesticide contamination are getting back to business.

    A top North Carolina legislator says a bill that would legalize marijuana use for medicinal purposes is probably dead for the rest of this year’s General Assembly session.

    Officials and residents of several New Jersey shore towns say the state’s law decriminalizing marijuana use is having an unintended effect: emboldening large groups of teenagers to run amok on beaches and boardwalks, knowing there is little chance of them getting in trouble for it.

    Maryland is becoming the latest state to legally sell recreational marijuana. About 100 stores that already have been licensed to sell cannabis for medicinal purposes will be able to begin selling it recreationally Saturday.

    Amid a persistent glut of cannabis on the West Coast, the states of Oregon, California and Washington have adopted so-called trigger bills that would authorize interstate cannabis trade agreements should the U.S. government someday allow it.

    New Mexico prohibits the local sale of out-of-state cannabis products, with a variety of concerns among state lawmakers ranging from product safety to local economic development. Thursday marked the first time that regulators in New Mexico have revoked a cannabis business license since the start of legal recreational marijuana sales on April 1, 2022.

    Regulators say Paradise Exotics Distro also failed to properly document shipping manifests and inaccurately reported sales data to a state system that tracks marijuana production from seedlings to sales.

    “This revocation should serve as a warning to those selling or receiving out-of-state cannabis products,” said Regulation and Licensing Department Superintendent Linda Trujillo in a statement. “Our compliance officers are ramping up inspections and we will work to remove bad actors from within the New Mexico cannabis industry.”

    Duke Rodriguez, CEO of Ultra Health, the largest cannabis operator in New Mexico, said the license suspension suggests an imbalance in New Mexico’s cannabis market. He urged the state to ease restrictions on large-scale cannabis cultivation.

    “People should ask, ‘Why is there an apparent need for product to cross state lines?’” Rodriguez said. “Usually it is because the illicit black market fills a void when the exiting state market is unable to fill the demand.”

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  • California’s new budget covers $32 billion deficit while extending tax credits for film industry

    California’s new budget covers $32 billion deficit while extending tax credits for film industry

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    SACRAMENTO, Calif. (AP) — California lawmakers approved a $310.8 billion budget on Tuesday that closes a nearly $32 billion budget deficit while also extending a lucrative tax break for the state’s iconic film and television industry.

    The nation’s most populous state has had combined budget surpluses of well over $100 billion in the past few years, enabling the Democrats in charge to greatly expand government.

    But this year, revenues slowed as inflation soared and the stock market struggled. California gets most of its revenue from taxes paid by the wealthy, making it more vulnerable to changes in the economy than other states. Last month, the administration of Democratic Gov. Gavin Newsom estimated the state’s spending would exceed revenues by over $30 billion.

    California has cited two Northern California mushroom farms for health and safety violations and proposed more than $165,000 in fines five months after a worker killed seven people in back-to-back shootings.

    California Gov. Gavin Newsom is pushing for big changes in the state’s building and permitting process.

    California’s transit agencies are asking Democrats who control the state’s government to rescue them like Democrats in New York recently did.

    Two insurance industry giants have stepped back from the California marketplace. They say that wildfire risk and soaring construction costs have prompted them to stop writing new policies.

    The budget approved by lawmakers covers that deficit by cutting some spending — about $8 billion — while delaying other spending and shifting some expenses to other funds. The plan would borrow $6.1 billion and would set aside $37.8 billion in reserves, the most ever. Newsom has said he will sign it into law.

    Despite the deficit, lawmakers agreed to extend tax credits for movie and television productions that film in the state. Those credits will reduce state revenues by up to $330 million per year. The big change is that those tax credits will be refundable. That means if a movie studio has credits that are worth more than what it owes in taxes, the state will pay the studio the difference in cash.

    “It’s real hard to justify doing this when we’re not doing that for a lot of people who are struggling in California,” Republican Assembly Leader James Gallagher said.

    Others said the improved tax credits are needed as California faces competition from other states seeking to lure TV and movie productions out of California, which has long been synonymous with the glamor of Hollywood.

    “It’s something I know people can argue over whether it benefits California or not, but it is iconic and it creates jobs,” Senate President Pro Tempore Toni Atkins said.

    California’s budget reflects the partisan divisions that permeate the country’s politics. Democrats praised the budget for avoiding painful cuts to health care and public education programs, two of the biggest areas of state spending. But Republicans criticized the budget as unsustainable. Republican Assemblymember Vince Fong noted the budget Democrats approved on Tuesday assumes much higher tax revenues than the projections from the nonpartisan Legislative Analyst’s Office.

    “If revenues come closer to the independent legislative analyst’s projections and if a recession occurs, not only will the deficits be larger, they will consume most, if not all, of our reserves,” Fong said.

    The budget is a complex array of nearly two dozen bills that include much more than just spending decisions. It includes protections for the Joshua tree, a native desert plant at the center of a long debate about how to safeguard it from threats driven by climate change without adding unnecessary roadblocks to housing and solar development projects in areas where the tree grows.

    The state will charge a fee to developers who remove the trees, pledging to use the money to conserve the species. Chuck Bonham, director of the California Department of Fish and Wildlife, called the bill an “innovative approach” to balancing tree preservation and development efforts.

    But Assemblymember Tom Lackey, a Republican representing Palmdale, a Southern California city in the Mojave Desert where many of the trees grow, worried the bill will hinder housing development in his district.

    “There’s never been a bill that’s more impactful to my desert community than this one,” Lackey said.

    The budget includes a lifeline for public transit agencies struggling to survive following steep declines in riders during the coronavirus pandemic. It allows transit agencies to use some of the $5.1 billion in funding over the next three years for operations.

    Still, some San Francisco Bay-area lawmakers said the spending wasn’t enough to forestall painful service cuts over the next few years. On Monday, they proposed legislation that would increase tolls on seven state-owned bridges — including the San Francisco-Oakland Bay Bridge — by $1.50 over the next five years.

    Civil liberties groups were upset that the budget allows state officials to withhold some records related to investigations of police misconduct until 2027, a delay the Commission on Peace Officer Standards and Training said was necessary as it prepares to handle an estimated 3,400 cases each year.

    Lawmakers agreed to impose a new tax on the private companies that contract with the state to administer Medicaid benefits. The tax will bring in an estimated $32 billion over the next four years, with some of the money going to doctors while other funding will go to rural hospitals struggling to avoid bankruptcy.

    “This will fundamentally help us change how we do health care,” Democratic state Sen. Anna Caballero said.

    The budget includes more than $2.8 billion to increase pay for state-subsidized child care workers. But it delays until next year funding for an additional 20,000 slots in the state’s subsidized child care program for low-income families.

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    Associated Press writer Sophie Austin contributed to this report. Austin is a corps member for the Associated Press/Report for America Statehouse News Initiative. Report for America is a nonprofit national service program that places journalists in local newsrooms to report on undercovered issues. Follow Austin on Twitter: @sophieadanna

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  • California court rules for Uber, Lyft in ride-hailing case

    California court rules for Uber, Lyft in ride-hailing case

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    SACRAMENTO, Calif. (AP) — App-based ride hailing and delivery companies like Uber and Lyft can continue to treat their California drivers as independent contractors, a state appeals court ruled Monday, allowing the tech giants to bypass other state laws requiring worker protections and benefits.

    The ruling mostly upholds a voter-approved law, called Proposition 22, that said drivers for companies like Uber and Lyft are independent contractors and are not entitled to benefits like paid sick leave and unemployment insurance. A lower court ruling in 2021 had said Proposition 22 was illegal, but Monday’s ruling reversed that decision.

    “Today’s ruling is a victory for app-based workers and the millions of Californians who voted for Prop 22,” said Tony West, Uber’s chief legal officer. ”We’re pleased that the court respected the will of the people.”

    The ruling is a defeat for labor unions and their allies in the state Legislature who passed a law in 2019 requiring companies like Uber and Lyft to treat their drivers as employees.

    “Today the Appeals Court chose to stand with powerful corporations over working people, allowing companies to buy their way out of our state’s labor laws and undermine our state constitution,” said Lorena Gonzalez Fletcher, leader of the California Labor Federation and a former state assemblywoman who authored the 2019 law. “Our system is broken. It would be an understatement to say we are disappointed by this decision.”

    The ruling wasn’t a complete defeat for labor unions, as the court ruled the companies could not stop their drivers from joining a labor union and collectively bargain for better working conditions, said Mike Robinson, one of the drivers who filed the lawsuit challenging Proposition 22.

    “Our right to join together and bargain collectively creates a clear path for drivers and delivery workers to hold giant gig corporations accountable,” he said. “But make no mistake, we still believe Prop 22 — in its entirety — is an unconstitutional attack on our basic rights.”

    The California Legislature passed a law in 2019 that changed the rules of who is an employee and who is an independent contractor. It’s an important distinction for companies because employees are covered by a broad range of labor laws that guarantee them certain benefits while independent contractors are not.

    While the law applied to lots of industries, it had the biggest impact on app-based ride hailing and delivery companies. Their business relies on contracting with people to use their own cars to give people rides and make deliveries. Under the 2019 law, companies would have to treat those drivers as employees and provide certain benefits that would greatly increase the businesses’ expenses.

    In November 2020, voters agreed to exempt app-based ride hailing and delivery companies from the 2019 law by approving a ballot proposition. The proposition included “alternative benefits” for drivers, including a guaranteed minimum wage and subsidies for health insurance if they average 25 hours of work a week. Companies like Uber, Lyft and DoorDash spent $200 million on a campaign to make sure it would pass.

    Three drivers and the Service Employees International Union sued, arguing the ballot proposition was illegal in part because it limited the state Legislature’s authority to change the law or pass laws about workers’ compensation programs. In 2021, a state judge agreed with them and ruled companies like Uber and Lyft were not exempt.

    Monday, a state appeals court reversed that decision, allowing the companies to continue to treat their drivers as independent contractors.

    The ruling might not be the final decision. The Service Employees International Union could still appeal the decision to the California Supreme Court, which could decide to hear the case.

    “We will consider all those options as we decide how to ensure we continue fighting for these workers,” said Tia Orr, executive director of SEIU California.

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  • Pipeline debate at center of California carbon capture plans

    Pipeline debate at center of California carbon capture plans

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    SACRAMENTO, Calif. (AP) — In its latest ambitious roadmap to tackle climate change, California relies on capturing carbon out of the air and storing it deep underground on a scale that’s not yet been seen in the United States.

    The plan — advanced by Democratic Gov. Gavin Newsom’s administration — comes just as the Biden administration has boosted incentives for carbon capture projects in an effort to spur more development nationwide. Ratcheting up 20 years of climate efforts, Newsom last year signed a law requiring California to remove as much carbon from the air as it emits by 2045 — one of the world’s fastest timelines for achieving so-called carbon neutrality. He directed the powerful California Air Resources Board to drastically reduce the use of fossil fuels and build massive amounts of carbon dioxide capture and storage.

    To achieve its climate goals, California must rapidly transform an economy that’s larger than most nations, but fierce opposition to carbon capture from environmental groups and concerns about how to safely transport the gas may delay progress — practical and political obstacles the Democratic-led Legislature must now navigate.

    Last year, the California state legislature passed a law that says no carbon dioxide may flow through new pipelines until the federal government finishes writing stronger safety regulations, a process that could take years. As a potential backup, the law directed the California Natural Resources Agency to write its own pipeline standards for lawmakers to consider, a report now more than three weeks overdue.

    While there are other ways to transport carbon dioxide gas besides pipelines, such as trucks or ships, pipelines are considered key to making carbon capture happen at the level California envisions. Newsom said the state must capture 100 million metric tons of carbon each year by 2045 — about a quarter of what the state now emits annually.

    “We do not expect to see (carbon capture and storage) happen at a large scale unless we are able to address that pipeline issue,” said Rajinder Sahota, deputy executive officer for climate change and research at the air board.

    State Sen. Anna Caballero, who authored the carbon capture legislation, said the state’s goal will be to create a safety framework that’s even more robust than what the federal government will develop. But she downplayed any urgent need to move forward with pipeline rules, saying smaller projects that don’t require movement over long distances can start in the meantime.

    “We don’t need pipelines across different properties right now,” she said.

    Last year’s Inflation Reduction Act increases federal funding for carbon capture, boosting payouts from $50 to $85 per ton for capturing carbon dioxide from industrial plants and storing it underground. There are also federal grants and state incentives.

    Without clarity on the state’s pipeline plans, the state is putting itself at a “competitive disadvantage” when it comes to attracting projects, said Sam Brown, a former attorney at the Environmental Protection Agency and partner at law firm Hunton Andrews Kurth.

    If the pipeline moratorium slows projects for three or four years, Brown said, “why would you put your money into those projects in California when you can do it in Texas or Louisiana or somewhere else?”

    The geology for storing carbon dioxide gas is rare, but California has it in parts of the Central Valley, a vast expanse of agricultural land running down the center of the state.

    Oil and gas company California Resources Corp. is developing a project there to create hydrogen. It plans to capture carbon from that hydrogen facility and the natural gas plant that powers it. The carbon dioxide would then be stored in an old oil field. That doesn’t require special pipeline approval because it’s all happening within the company’s property.

    But the company also wants to store emissions from other industries like manufacturing and transportation. Transporting that would rely on pipelines that can’t be built yet.

    “These are parts of the economy that have to be decarbonized,” said Chris Gould, the company’s executive vice president and chief sustainability officer. “It makes economic sense to do it.”

    Safety concerns increased in 2020 after a pipeline in Mississippi ruptured in a landslide, releasing a heavier-than-air plume of carbon dioxide that displaced oxygen near the ground. Forty-five people were treated at a hospital, and several lost consciousness. There are thousands of miles of carbon dioxide pipelines operating across the country and industry proponents call the event an anomaly. But the Mississippi rupture prompted federal regulators to explore tightening the existing rules for carbon pipelines.

    Lupe Martinez, who lives in California’s Kern County, worries what will happen as developers target the region for carbon storage.

    He used to spray fields with pesticides without protective equipment. On windy days, he’d be soaked in chemicals. Martinez, who watched some of his fellow workers later fight cancer, says he was lied to about safety then and doesn’t believe promises that carbon capture is safe now.

    “They treat us like guinea pigs,” said Martinez, a longtime labor activist.

    The oil and gas industry’s emissions are a main cause of climate change and in the past the industry undermined sound evidence that greenhouse gases are deeply disturbing the climate. Now carbon capture — unproven as a major climate solution — will help the industry keep polluting in places that are already heavily polluted, environmentalists argue. Instead of shutting down fossil fuel plants, carbon capture will increase their profits and extend their life, said Catherine Garoupa, executive director of the Central Valley Air Quality Coalition.

    But advocates of carbon capture say it’s essential for Kern County oil and gas companies to find new ways to make money and keep people employed as California moves away from fossil fuels, an industry that is the “very fabric” of the region’s identity, said Lorelei Oviatt, director of Kern County Planning and Natural Resources.

    Without a new revenue source like carbon capture, “Kern County will be the next Gary, Indiana,” she said, referring to the rust belt’s years-ago collapse.

    There are currently no active carbon capture projects in California. To demonstrate the technology is viable and people can get permits for it, it’s essential to build the first projects, said George Peridas, director of carbon management partnerships at Lawrence Livermore National Laboratories.

    Peridas said one area with potential to store carbon dioxide is the Sacramento-San Joaquin River Delta, a vast estuary on the western edge of the Central Valley that’s a vital source of drinking water and an ecologically sensitive home to hundreds of species.

    A levee-ringed island of farmland in the region that’s nearly half the size of Manhattan would be an ideal place for storing carbon dioxide safely, Peridas said.

    Tom Zuckerman, who represents the islands’ owners on the project and is an owner himself, recently submitted a federal permit application for a project to capture emissions from an ethanol plant in Stockton, ship it by barge nearly 10 miles down the San Joaquin River and sequester it deep beneath the island. The project doesn’t need a pipeline so it isn’t affected by the ban. He hopes it will be up and running in a few years.

    “If we are going to be doing much of significance about reducing greenhouse gases in this country, areas like this are going to be critical,” Zuckerman said.

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    Phillis reported from St. Louis.

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    The Associated Press receives support from the Walton Family Foundation for coverage of water and environmental policy. The AP is solely responsible for all content. For all of AP’s environmental coverage, visit https://apnews.com/hub/climate-and-environment

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  • Turmoil in courts on gun laws in wake of justices’ ruling

    Turmoil in courts on gun laws in wake of justices’ ruling

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    WASHINGTON (AP) — A landmark U.S. Supreme Court decision on the Second Amendment is upending gun laws across the country, dividing judges and sowing confusion over what firearm restrictions can remain on the books.

    The high court’s ruling that set new standards for evaluating gun laws left open many questions, experts say, resulting in an increasing number of conflicting decisions as lower court judges struggle to figure out how to apply it.

    The Supreme Court’s so-called Bruen decision changed the test that lower courts had long used for evaluating challenges to firearm restrictions. Judges should no longer consider whether the law serves public interests like enhancing public safety, the justices said.

    Under the Supreme Court’s new test, the government that wants to uphold a gun restriction must look back into history to show it is consistent with the country’s “historical tradition of firearm regulation.”

    Courts in recent months have declared unconstitutional federal laws designed to keep guns out of the hands of domestic abusers,felony defendants and people who use marijuana. Judges have shot down a federal ban on possessing guns with serial numbers removed and gun restrictions for young adults in Texas and have blocked the enforcement of Delaware’s ban on the possession of homemade “ghost guns.”

    In several instances, judges looking at the same laws have come down on opposite sides on whether they are constitutional in the wake of the conservative Supreme Court majority’s ruling. The legal turmoil caused by the first major gun ruling in a decade will likely force the Supreme Court to step in again soon to provide more guidance for judges.

    “There’s confusion and disarray in the lower courts because not only are they not reaching the same conclusions, they’re just applying different methods or applying Bruen’s method differently,” said Jacob Charles, a professor at Pepperdine University’s law school who focuses on firearms law.

    “What it means is that not only are new laws being struck down … but also laws that have been on the books for over 60 years, 40 years in some cases, those are being struck down — where prior to Bruen — courts were unanimous that those were constitutional,” he said.

    The legal wrangling is playing out as mass shootings continue to plague the country awash in guns and as law enforcement officials across the U.S. work to combat an uptick in violent crime.

    This week, six people were fatally shot at multiple locations in a small town in rural Mississippi and a gunman killed three students and critically wounded five others at Michigan State University before killing himself.

    Dozens of people have died in mass shootings so far in 2023, including in California, where 11 people were killed as they welcomed the Lunar New Year at a dance hall popular with older Asian Americans. Last year, more than 600 mass shootings occurred in the U.S. in which at least four people were killed or wounded, according to the Gun Violence Archive.

    The decision opened the door to a wave of legal challenges from gun-rights activists who saw an opportunity to undo laws on everything from age limits to AR-15-style semi-automatic weapons. For gun rights supporters, the Bruen decision was a welcome development that removed what they see as unconstitutional restraints on Second Amendment rights.

    “It’s a true reading of what the Constitution and the Bill of Rights tells us,” said Mark Oliva, a spokesman for the National Shooting Sports Foundation. “It absolutely does provide clarity to the lower courts on how the constitution should be applied when it comes to our fundamental rights.”

    Gun control groups are raising alarm after a federal appeals court this month said that under the Supreme Court’s new standards, the government can’t stop people who have domestic violence restraining orders against them from owning guns.

    The New Orleans-based 5th U.S. Circuit Court of Appeals acknowledged that the law “embodies salutary policy goals meant to protect vulnerable people in our society.” But the judges concluded that the government failed to point to a precursor from early American history that is comparable enough to the modern law. Attorney General Merrick Garland has said the government will seek further review of that decision.

    Gun control activists have decried the Supreme Court’s historical test, but say they remain confident that many gun restrictions will survive challenges. Since the decision, for example, judges have consistently upheld the federal ban on convicted felons from possessing guns.

    The Supreme Court noted that cases dealing with “unprecedented societal concerns or dramatic technological changes may require a more nuanced approach.” And the justices clearly emphasized that the right to bear arms is limited to law-abiding citizens, said Shira Feldman, litigation counsel for Brady, the gun control group.

    The Supreme Court’s test has raised questions about whether judges are suited to be poring over history and whether it makes sense to judge modern laws based on regulations — or a lack thereof— from the past.

    “We are not experts in what white, wealthy, and male property owners thought about firearms regulation in 1791. Yet we are now expected to play historian in the name of constitutional adjudication,” wrote Mississippi U.S. District Judge Carlton Reeves, who was appointed by President Barack Obama.

    Some judges are “really parsing the history very closely and saying ‘these laws aren’t analogous because the historical law worked in a slightly different fashion than the modern law’,” said Andrew Willinger, executive director of the Duke Center for Firearms Law.

    Others, he said, “have done a much more flexible inquiry and are trying to say ‘look, what is the purpose of this historical law as best I can understand it?’”

    Firearm rights and gun control groups are closely watching many pending cases, including several challenging state laws banning certain semi-automatic weapons and high-capacity magazines.

    A federal judge in Chicago on Friday denied a bid to block an Illinois law that bans the sale of so-called assault weapons and high-capacity magazines, finding the law to be constitutional under the Supreme Court’s new test. A state court, however, already has partially blocked the law — allowing some gun dealers to continue selling the weapons — amid a separate legal challenge.

    Already, some gun laws passed in the wake of the Supreme Court decision have been shot down. A judge declared multiple portions of New York’s new gun law unconstitutional, including rules that restrict carrying firearms in public parks and places of worship. An appeals court later put that ruling on hold while it considers the case. And the Supreme Court has allowed New York to enforce the law for now.

    Some judges have upheld a law banning people under indictment for felonies from buying guns while others have declared it unconstitutional.

    A federal judge issued an order barring Delaware from enforcing provisions of a new law outlawing the manufacture and possession of so-called “ghost guns” that don’t have serial numbers and can be nearly impossible for law enforcement officials to trace. But another judge rejected a challenge to California’s “ghost gun” regulations.

    In the California case, U.S. District Judge George Wu, who was nominated by President George W. Bush, appeared to take a dig at how other judges are interpreting the Supreme Court’s guidance.

    The company that brought the challenge —“and apparently certain other courts” — would like to treat the Supreme Court’s decision “as a ‘word salad,’ choosing an ingredient from one side of the ‘plate’ and an entirely-separate ingredient from the other, until there is nothing left whatsoever other than an entirely-bulletproof and unrestrained Second Amendment,” Wu wrote in his ruling.

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    Richer reported from Boston.

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  • NY lawmakers get pay raise making them nation’s best-paid

    NY lawmakers get pay raise making them nation’s best-paid

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    ALBANY, N.Y. — Just in time for the New Year, New York lawmakers have become the highest paid state legislators in the nation under a bill signed Saturday.

    Members of both houses are getting a pay raise of $32,000, for a base salary of $142,000, under a bill Gov. Kathy Hochul signed a day before her inauguration Sunday. That’s a 29% raise over their previous salary of $110,000.

    The law went into effect Sunday.

    Before the pay boost, state lawmakers in California were the highest paid with a yearly base salary of $119,000, according to the National Conference of State Legislatures.

    New York lawmakers passed the pay-raise bill during a special session in late December.

    The new pay raise comes with restrictions, though.

    Starting in 2025, outside income will be capped at $35,000. Pay in excess of that from military service, retirement plans, or investments will still be allowed.

    Some Democrats in the legislature supported the pay raise, and said it was necessary in order to keep up with the cost of living.

    But some Republican lawmakers spoke out against the bill during the special session, criticizing the ban on the outside income.

    “Their attempt to buy political cover by instituting a ban on outside income won’t make Albany better, it will make it worse,” said state Sen. George Borrello in explaining his “no” vote on the bill.

    Borrello said the ban would discourage citizen legislators, or “enterprising, accomplished individuals with real-world experience from entering public service.”

    The last pay raise state legislators received was in 2018, and that was their first raise in two decades.

    ———

    Maysoon Khan is a corps member for the Associated Press/Report for America Statehouse News Initiative. Report for America is a nonprofit national service program that places journalists in local newsrooms to report on undercovered issues. Follow Maysoon Khan on Twitter at: twitter.com/MaysoonKhan.

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  • Think those bags are recyclable? California says think again

    Think those bags are recyclable? California says think again

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    SACRAMENTO, Calif. — Since California adopted the nation’s first ban on single-use plastic shopping bags tin 2014, most grocery stores have turned to thicker, reusable plastic bags that are supposed to be recyclable.

    But Attorney General Rob Bonta is now investigating whether the bags are truly recyclable as required by law.

    “We’ve all been to the store and forgotten to bring our reusable bags,” Bonta said recently. “At least the plastic bags we buy at the register for 10 cents have those ‘chasing arrows’ that say they are 100% recyclable, right? Perhaps wrong.”

    He asked six bag manufacturers to back up their claims that the bags can be recycled and threatened legal action that could include banning the bags temporarily or issuing multimillion-dollar fines.

    His office declined to say last week how many of the companies responded, citing an ongoing investigation. The American Chemistry Council, a plastics industry group, said that manufacturers disagree with Bonta’s characterization.

    Other states, including New York, New Jersey and Oregon, have followed California in banning single-use plastic bags. Beyond California, only a handful of states require that stores take back plastic bags for recycling, with Maine first adopting such a law in 1991, according to the National Conference of State Legislatures.

    Policy experts and advocates estimate that just 6% of plastics are recycled in the United States, with the remaining burned, trashed or littered. More plastic bags ended up in California landfills in 2021 compared with 2018, according to data from the state’s recycling department.

    Californians Against Waste Executive Director Mark Murray in part blames pandemic policies.

    Consumers are supposed to be able to return their plastic bags to grocery stores and other retailers. But many removed their bag recycling bins during the early days of the pandemic, fearing contamination.

    For the system to work, retailers must collect the bags and sell them back to manufacturers for use in making new bags that must include 40% recycled content and be reusable at least 125 times. Murray suspects that most are reused once.

    “That’s not meeting the standard and it may be time to phase these bags out,” he said.

    The California Retailers Association declined comment because it said each retailer has its own policy, and the California Grocers Association did not respond to a request for comment.

    As of now, makers of the bags get to self-certify to the state that their bags can be recycled. But Bonta said that requires a comprehensive system to collect, process and sell the used bags, none of which exist. Putting the bags in most curbside recycling bins interferes with recycling other products by clogging equipment and increasing the risk of worker injury, he said.

    Plastic bags and similar products are “a top form of contamination in curbside recycling bins,” California’s Statewide Commission on Recycling Markets and Curbside Recycling wrote in a 2021 report.

    Bonta asked six manufacturers — Novolex, Revolution, Inteplast, Advance Polybag, Metro Polybag and Papier-Mettler — to prove their bags can be recycled in California. His office hasn’t said if they all responded, citing an “active and ongoing investigation.”

    Revolution Chief Executive Sean Whiteley said the company has been recycling more than 300 million pounds of plastic material annually for decades and is “confident in our own sustainability and compliance record.”

    He noted lawmakers publicly introduced the single-use bag ban legislation in 2014 at one of the company’s Southern California subsidiaries.

    “At our core, we are an environmental recycling company that also makes sustainable plastic solutions,” he said in a statement.

    Novolex said it is “committed to complying with all state laws and regulations.” The company responded to Bonta’s request but declined to share its full response with The Associated Press, a spokesman said.

    Novolex’s bags have been certified as eligible for recycling by an independent laboratory and, therefore, must be marked that way, the company said in a statement.

    The other four companies did not respond to multiple emailed requests.

    Manufacturers are “aggressively working so that all plastic packaging that is manufactured is remade into new plastics,” said Joshua Baca, vice president of plastics at the American Chemistry Council.

    It’s not Bonta’s first plastics-related clash with industry. Earlier this year he subpoenaed ExxonMobil as part of what he called a first-of-its-kind broader investigation into the petroleum industry and the proliferation of plastic waste.

    ———

    Thompson recently retired from The Associated Press.

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  • Virginia probes hiring of trooper who killed teen’s family

    Virginia probes hiring of trooper who killed teen’s family

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    RICHMOND, Va. — After a former state trooper from Virginia drove across the country, kidnapped a 15-year-old California girl, killed three members of her family, then shot himself, Virginia State Police and the sheriff’s office he had recently started working for said they found no warning signs during background checks before he was hired.

    But in the weeks since Austin Lee Edwards went on a rampage in Riverside, California, it’s become clear Virginia State police missed red flags about Edwards’ mental health that were in plain sight before they hired him in 2021.

    Virginia Gov. Glenn Youngkin has called for a “full investigation” by the state inspector general’s office.

    “I believe that there was human error here,” Youngkin said last week in response to a reporter’s question about whether state police should have done more to investigate Edwards’ background before hiring him.

    “Our job is to not let this happen again,” Youngkin said.

    Edwards was hired by state police and entered the police academy in July 2021. He graduated as a trooper in January and worked for only nine months before resigning in October. Edwards was hired as a deputy sheriff in Washington County, Virginia, on Nov. 16, just nine days before the killings in California.

    Authorities in California have said Edwards posed online as a 17-year-old boy while communicating with the girl, a form of deception known as “catfishing.” He asked her to send nude photos of herself and she stopped communicating with him.

    On Nov. 25, Edwards killed the girl’s mother and grandparents, then set fire to their home in Riverside, a city about 50 miles (80 kilometers) southeast of downtown Los Angeles.

    Edwards died by suicide during a shootout with San Bernardino sheriff’s deputies the same day. The girl was rescued. Family members and police said the girl is now in counseling for trauma.

    After repeatedly saying state police found no areas of concern in Edwards’ background, state police spokesperson Corinne Geller said Dec. 7 that a recently completed review found “human error” resulted in an incomplete database query during the hiring process.

    That admission came in response to news reports that Edwards had been involuntarily held at a psychiatric facility after he threatened to kill his father and himself in 2016, when he was 21.

    A report written by police in Abingdon, Virginia, near the Tennessee border, said Edwards’ father restrained him after he found his son with a self-inflicted injury to his hand. The incident was first reported by the Los Angeles Times.

    “Austin made several statements in the presence of Officers that he wanted to die, that he would try to kill himself the instant he was free from restraints, and that he would kill his father,” police wrote in the report, which was obtained by The Associated Press.

    An emergency custody order was issued, followed by a temporary detention order, which allowed police to take him to a psychiatric facility.

    The scope of Virginia Inspector General Michael Westfall’s investigation was not immediately clear. His office released a statement Friday saying it had received a request to “review a recent Virginia State Police matter,” but a spokesperson did not respond to a phone message and email seeking details on the parameters of the investigation.

    Youngkin’s office also declined to discuss specifics. Spokesperson Macaulay Porter said in a statement that Youngkin “has full confidence that they will follow the evidence, wherever it may lead.”

    The inspector general’s office focuses on investigating complaints about fraud, waste and abuse in the executive branch of state government. It also conducts investigations and performance audits of state agencies.

    “The IG has fairly wide-ranging investigatory powers that are defined by statute, but the statute is fuzzy enough so that the IG might be able to investigate general issues that the governor asks the IG to investigate,” said Henry Chambers, a law professor at the University of Richmond.

    Geller said state police believe the error made during the hiring process for Edwards was “an isolated incident,” and said “steps are currently underway to ensure the error is not repeated going forward.”

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  • So long, California: Major county votes to study secession

    So long, California: Major county votes to study secession

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    RANCHO CUCAMONGA, Calif. — The November elections saw Californians continue to embrace progressive leadership, but voters in one of the state’s most populous counties are so frustrated with this political direction that they voted to consider seceding and forming their own state.

    An advisory ballot proposal approved in San Bernardino County — home to 2.2 million people — directs local officials to study the possibility of secession. The razor-thin margin of victory is the latest sign of political unrest and economic distress in California.

    This attempt to create a new state — which would be the first since Hawaii in 1959 — is a longshot proposition for the county just east of Los Angeles that has suffered from sharp increases in cost of living. It would hinge on approval by the California Legislature and Congress, both of which are highly unlikely.

    Still, it’s significant that the vote came from a racially and ethnically diverse county that is politically mixed, as well as the fifth-most populous in the state and the largest in the nation by area. San Bernardino’s 20,000 square miles (51,800 square kilometers) is comprised of more land than nine states.

    The votes speaks to the alienation that some voters feel from a statehouse long dominated by Democrats who have made little progress on the growing homeless crisis, soaring housing costs and rising crime rates while residents pay among the highest taxes in the country.

    There is “a lot of frustration overall” with state government and how public dollars are spent — with far too little coming to the county, said Curt Hagman, chairman of the Board of Supervisors that placed the proposal on the ballot. The county will look at whether billions of dollars in state and federal funds was fairly shared with local governments in the Inland Empire.

    From record inflation to friction over long-running state pandemic policies, “it’s been a rough few years” for residents, Hagman said.

    Kristin Washington, chair of the San Bernardino County Democratic Party, dismissed the measure as a political maneuver to turn out conservative voters, rather than a barometer of public sentiment.

    “Putting it on a ballot was a waste of time for the voters,” she said. “The option of actually seceding from the state is not even something that is realistic because of all the steps that actually go into it.” In San Bernardino County, Democratic voters now outnumber Republicans by 12 points. Still, in November Democratic Gov. Gavin Newsom lost in the county by 5 points. He easily defeated a recall last year driven by opposition to pandemic health orders that shuttered schools and businesses. California was among the first states to close schools and turn to online learning, and also among the last for students to return to in-person teaching.

    Democrats dominate the California Legislature and congressional delegation, and the state is known as an incubator of liberal policy on climate, health care, labor issues and immigration, and the vote could be seen as partly a reaction to the state’s priorities. Once solidly Republican terrain, with recent population growth San Bernardino County has become more diverse and Democratic, similar to changes in neighboring San Diego and Orange counties.

    Throughout its 172-year history, California has weathered more than 220 failed attempts to dismantle the state into as many as six smaller states, according to the California State Library. Earlier breakaway efforts sought to carve out a new “State of Jefferson” from nearly two dozen Northern California counties, though they were largely rural, conservative-leaning and sparsely populated.

    Competition between mining and agricultural interests, as well as opposition to taxation, have driven some of these secession efforts. There have been proposals to divide the sprawling state into north and south sections, as well as splitting in lengthwise to create separate coastal and inland regions.

    “Everybody outside this county thinks we are the wild, wild West,” Mayor Paul Leon said, who backed the measure. Despite the county’s size, he said it “gets a pittance” when it comes to state and federal aid for roads, courthouses and transit.

    The city of San Bernardino, population about 220,000, anchors the third largest metropolitan area in the state, behind L.A. and San Francisco. Beyond the urban centers, its communities range from placid suburbs crisscrossed by freeways, mountain towns framed by towering pines and isolated desert havens like hippie Joshua Tree. Inflation and economic stress are challenging many communities. Before the pandemic, the county’s unemployment rate was already 9.5% in 2019, with 12.2% of households living below the poverty line.

    “I tend to be very skeptical of these secession maneuvers,” said William Deverell, director of the Huntington-USC Institute on California and the West.

    “The state’s problems are not likely to be addressed by the jurisdictional chopping block,” Deverell said in an email. He’s wary of the “hubris” of: “If only this part of the state could go its own way, as we aren’t the root of the problem.”

    Since the proposal passed, the county’s next step is to form a committee — likely comprised of public and private sector members — that will conduct an analysis of funding that will compare San Bernardino to other counties.

    Many Inland Empire communities are struggling financially even though California’s economy — by itself — may soon become the fourth largest economy in the world, up from fifth. The state announced last month it had recovered all of the 2.7 million jobs it lost at the start of the pandemic. However, there are projections for a $25 billion budget deficit next year and signs of an unsteady economy, as even the historically powerful tech industry has seen layoffs.

    From 2018 to 2021, 352 companies moved their headquarters from California to other states from California, according to a Hoover Institution study. After decades of growth, the state population of 39 million has been shrinking, partly because residents are leaving for states that offer affordable housing and lower taxes.

    Because of decreased population, the state is even losing a congressional seat in 2023, dropping from 53 to 52.

    Housing prices in Los Angeles, San Francisco and other metropolitan hubs frequently top $1 million and are sharply increasing. Billions of dollars in spending statewide has made no visible difference in the homeless crisis in many cities. This has all fueled a reckoning with the direction of the state, which has long been mythologized as a land of opportunity.

    “A lot of Californians are unhappy in many ways,” said Claremont McKenna College political scientist Jack Pitney, citing record gas prices, the rising cost of living, and real estate prices that make home ownership unattainable for many working-class families.

    “The vote on secession was like smashing the china. It’s a way of getting attention but in the end it doesn’t accomplish much,” Pitney said.

    Even Hagman said he doesn’t want to see his home state broken apart, though he sees approval of the measure as an important statement on frustration with Sacramento.

    “I want to remain part of California right now,” he said. “I’m proud to be a Californian.”

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  • California reparations task force to talk eligibility

    California reparations task force to talk eligibility

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    SACRAMENTO, Calif. — California’s committee to study reparations for African Americans will meet in Oakland Wednesday to discuss what form reparations could take and eligibility requirements to receive possible payments.

    The first-in-the-nation task force previously voted to limit reparations to Black California residents whose ancestors were living in the United States in the 19th century. This week, the group will talk about whether there could be additional eligibility requirements and what time frame reparations could hinge on.

    The group will also discuss how the state may address its impact on Black families whose property was seized through eminent domain, a topic that garnered renewed attention after lawmakers last year voted to allow the return of a beachfront property known as Bruce’s Beach to descendants of Black residents from whom it was taken in the 20th century.

    Kamilah Moore, the task force’s chair, doesn’t expect the group to come to any final decisions at this week’s two-day meeting.

    “We’re still in the exploratory phase,” she said.

    The task force has a July 1 deadline to complete its final report for the Legislature listing recommendations for how the state can address its legacy of discriminatory policies against Black Californians. The group’s work contrasts from similar efforts that have stalled in Congress.

    Lawmakers in other parts of the country have pushed their states and cities to study reparations without much progress. But Evanston, Illinois became the first U.S. city last year to make reparations available for Black residents, and public officials in New York will try anew to create a reparations commission in the state.

    Officials from Oakland, Sacramento, Los Angeles and other California cities will talk about local reparations efforts during a panel Wednesday.

    That will include Khansa T. Jones-Muhammad, vice-chair of Los Angeles’ Reparations Advisory Commission, who said the commission — created last year under then-Mayor Eric Garcetti — doesn’t have a date set in stone to complete its work.

    The goal of the commission is to advise the city on a pilot program for distributing reparations to a group of Black residents.

    “A lot of our first year has really just been laying the groundwork to have a strong commission,” she said.

    In September, economists started listing preliminary estimates for what could be owed by the state as a result of discriminatory policies. But they said they need more data to come up with more complete figures.

    Moore said the task force has not decided on any dollar amounts or what form reparations could take, but the public’s interest in those estimates shows optimism about the group’s work. The group hasn’t discussed where money for reparations could potentially come from.

    About 30 people gathered Saturday at a Black-owned coffee shop in Sacramento for a reparations information session led by the Coalition for a Just and Equitable California, said Chris Lodgson, an organizer for the group.

    The coalition is focused on advocating for reparations for Black residents. It has been supportive of reparations largely targeted at the descendants of enslaved African Americans.

    “Generally speaking, Black folks can support other Black folks in the things that they want and need even if not everybody is benefitting equally from it or directly from it,” Lodgson said.

    California Secretary of State Shirley Weber, a former assemblywoman, authored the bill that created the state’s task force, and the group began its work last year. The bill was signed into law in September 2020 after a summer of nationwide protests against racism and police brutality following the killing of George Floyd, a Black man, by a white police officer in Minnesota.

    In June, the task force released a 500-page report describing discriminatory policies that drove housing segregation, criminal justice disparities and other realities that harmed Black Californians in the decades since the abolition of slavery.

    ———

    Sophie Austin is a corps member for the Associated Press/Report for America Statehouse News Initiative. Report for America is a nonprofit national service program that places journalists in local newsrooms to report on undercovered issues. Follow Austin on Twitter: @sophieadanna

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  • California reparations task force to talk eligibility

    California reparations task force to talk eligibility

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    SACRAMENTO, Calif. — California’s committee to study reparations for African Americans will meet in Oakland Wednesday to discuss what form reparations could take and eligibility requirements to receive possible payments.

    The first-in-the-nation task force previously voted to limit reparations to Black California residents whose ancestors were living in the United States in the 19th century. This week, the group will talk about whether there could be additional eligibility requirements and what time frame reparations could hinge on.

    The group will also discuss how the state may address its impact on Black families whose property was seized through eminent domain, a topic that garnered renewed attention after lawmakers last year voted to allow the return of a beachfront property known as Bruce’s Beach to descendants of Black residents from whom it was taken in the 20th century.

    Kamilah Moore, the task force’s chair, doesn’t expect the group to come to any final decisions at this week’s two-day meeting.

    “We’re still in the exploratory phase,” she said.

    The task force has a July 1 deadline to complete its final report for the Legislature listing recommendations for how the state can address its legacy of discriminatory policies against Black Californians. The group’s work contrasts from similar efforts that have stalled in Congress.

    Lawmakers in other parts of the country have pushed their states and cities to study reparations without much progress. But Evanston, Illinois became the first U.S. city last year to make reparations available for Black residents, and public officials in New York will try anew to create a reparations commission in the state.

    Officials from Oakland, Sacramento, Los Angeles and other California cities will talk about local reparations efforts during a panel Wednesday.

    That will include Khansa T. Jones-Muhammad, vice-chair of Los Angeles’ Reparations Advisory Commission, who said the commission — created last year under then-Mayor Eric Garcetti — doesn’t have a date set in stone to complete its work.

    The goal of the commission is to advise the city on a pilot program for distributing reparations to a group of Black residents.

    “A lot of our first year has really just been laying the groundwork to have a strong commission,” she said.

    In September, economists started listing preliminary estimates for what could be owed by the state as a result of discriminatory policies. But they said they need more data to come up with more complete figures.

    Moore said the task force has not decided on any dollar amounts or what form reparations could take, but the public’s interest in those estimates shows optimism about the group’s work. The group hasn’t discussed where money for reparations could potentially come from.

    About 30 people gathered Saturday at a Black-owned coffee shop in Sacramento for a reparations information session led by the Coalition for a Just and Equitable California, said Chris Lodgson, an organizer for the group.

    The coalition is focused on advocating for reparations for Black residents. It has been supportive of reparations largely targeted at the descendants of enslaved African Americans.

    “Generally speaking, Black folks can support other Black folks in the things that they want and need even if not everybody is benefitting equally from it or directly from it,” Lodgson said.

    California Secretary of State Shirley Weber, a former assemblywoman, authored the bill that created the state’s task force, and the group began its work last year. The bill was signed into law in September 2020 after a summer of nationwide protests against racism and police brutality following the killing of George Floyd, a Black man, by a white police officer in Minnesota.

    In June, the task force released a 500-page report describing discriminatory policies that drove housing segregation, criminal justice disparities and other realities that harmed Black Californians in the decades since the abolition of slavery.

    ———

    Sophie Austin is a corps member for the Associated Press/Report for America Statehouse News Initiative. Report for America is a nonprofit national service program that places journalists in local newsrooms to report on undercovered issues. Follow Austin on Twitter: @sophieadanna

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  • California enables sexual assault victims to track rape kits

    California enables sexual assault victims to track rape kits

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    SACRAMENTO, Calif. — Delays in testing evidence from sexual assaults have been a lost opportunity for investigators and a source of frustration for victims for years, prompting California officials to announce Tuesday that they have created a way for survivors to track the progress of linking their rape kits with DNA evidence.

    California is also the first state to hire a sexual assault evidence outreach coordinator, Sarai Crain, who will work with investigators, medical facilities and others to help track and process sexual assault evidence.

    The new online tracking system was required under a law approved by state lawmakers last year. It follows a 2017 California law that requires law enforcement agencies to submit the evidence for testing within 20 days and requires crime labs to test the evidence within 120 days or provide reasons for any delay.

    The goal is to end the backlog of rape kits by local agencies, make sure they are tested quickly once they are submitted, and keep survivors better informed, California Attorney General Rob Bonta said.

    Of nearly 6,400 kits collected in 2020, 90% were analyzed by May 2021, according to an annual report by the attorney general’s office. The rest were in various stages of processing. About half the tests found DNA that was compared to other DNA on the FBI’s database, and nearly 800 resulted in “hits” or matches with offenders in the database.

    Another nearly 200 kits were not submitted for testing for reasons including that the suspect already was known or the victim was not seeking to prosecute. The annual report for last year is not yet completed.

    The evidence is collected during medical examinations following sexual assaults, and can be used to link the assault to a suspect in existing DNA databases or develop a DNA profile that can be used in the future.

    The new online system provides information to survivors on the status of their sexual assault evidence collected since January 1, 2018. Victims can track whether their kits have been received by a law enforcement agency, are being sent to a laboratory for testing, have been received by a lab, are undergoing DNA analysis or have had the DNA analysis completed.

    California is among 30 states and Washington, D.C., that have committed to establishing a tracking system, according to the End the Backlog website run by the nonprofit Joyful Heart Foundation founded by producer, director, actress, and advocate Mariska Hargitay.

    However, “that doesn’t address the older kits that are some places still sitting on shelves,” said Ilse Knecht, the group’s director of policy and advocacy.

    A 2020 audit looking mainly at kits collected before 2018 found nearly 14,000 untested kits at the local level across the state prior to the new law.

    Crain’s job “is the first of its kind that will focus on the rape kit backlog,” Knecht said. “The goal is to get those kits that are older than 2018…to get a real count of what the number is across the state and then make sure they’re being sent in for testing.”

    Her job will include linking law enforcement agencies with public or private laboratories, according to Bonta’s office. Crain most recently was deputy chief for Oakland’s Department of Violence Prevention. Previously she was executive director of Bay Area Women Against Rape, the nation’s oldest rape crisis center.

    Aside from Crain’s assistance, Knecht said she will propose that California legislators next year pass a law requiring local agencies to test those old kits.

    The tests generated some controversy earlier this year when San Francisco’s prosecutor revealed that police there had used a DNA sample collected from a woman during a 2016 rape investigation to link her to a burglary in late 2021. State lawmakers passed a law banning the practice.

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  • California wells run dry as drought depletes groundwater

    California wells run dry as drought depletes groundwater

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    FAIRMEAD, Calif. — As California’s drought deepens, Elaine Moore’s family is running out of an increasingly precious resource: water.

    The Central Valley almond growers had two wells go dry this summer. Two of her adult children are now getting water from a new well the family drilled after the old one went dry last year. She’s even supplying water to a neighbor whose well dried up.

    “It’s been so dry this last year. We didn’t get much rain. We didn’t get much snowpack,” Moore said, standing next to a dry well on her property in Chowchilla, California. “Everybody’s very careful with what water they’re using. In fact, my granddaughter is emptying the kids’ little pool to flush the toilets.”

    Amid a megadrought plaguing the American West, more rural communities are losing access to groundwater as heavy pumping depletes underground aquifers that aren’t being replenished by rain and snow.

    More than 1,200 wells have run dry this year statewide, a nearly 50% increase over the same period last year, according to the California Department of Water Resources. By contrast, fewer than 100 dry wells were reported annually in 2018, 2019 and 2020.

    The groundwater crisis is most severe in the San Joaquin Valley, California’s agricultural heartland, which exports fruits, vegetables and nuts around the world.

    Shrinking groundwater supplies reflect the severity of California’s drought, which is now entering its fourth year. According to the U.S. Drought Monitor, more than 94% of the state is in severe, extreme or exceptional drought.

    California just experienced its three driest years on record, and state water officials said Monday they’re preparing for another dry year because the weather phenomenon known as La Nina is expected to occur for the third consecutive year.

    Farmers are getting little surface water from the state’s depleted reservoirs, so they’re pumping more groundwater to irrigate their crops. That’s causing water tables to drop across California. State data shows that 64% of wells are at below-normal water levels.

    Water shortages are already reducing the region’s agricultural production as farmers are forced to fallow fields and let orchards wither. An estimated 531,00 acres (215,000 hectares) of farmland went unplanted this year because of a lack of irrigation water, according to the U.S. Department of Agriculture.

    As climate change brings hotter temperatures and more severe droughts, cities and states around the world are facing water shortages as lakes and rivers dry up. Many communities are pumping more groundwater and depleting aquifers at an alarming pace.

    “This is a key challenge not just for California, but for communities across the West moving forward in adapting to climate change,” said Andrew Ayres, a water researcher at the Public Policy Institute of California.

    Madera County, north of Fresno, has been hit particularly hard because it relies heavily on groundwater. The county has reported about 430 dry wells so far this year.

    In recent years, the county has seen the rapid expansion of thirsty almond and pistachio orchards that are typically irrigated by agricultural wells that run deeper than domestic wells.

    “The bigger straw is going to suck the water from right beneath the little straw,” said Madeline Harris, a policy manager with the advocacy group Leadership Council for Justice and Accountability. She stood next to a municipal well that’s run dry in Fairmead, a town of 1,200 surrounded by nut orchards.

    “Municipal wells like this one are being put at risk and are going dry because of the groundwater overdraft problems from agriculture,” Harris said. “There are families who don’t have access to running water right now because they have dry domestic wells.”

    Residents with dry wells can get help from a state program that provides bottled water as well as storage tanks regularly filled by water delivery trucks. The state also provides money to replace dry wells, but there’s a long wait to get a new one.

    Not everyone is getting assistance.

    Thomas Chairez said his Fairmead property, which he rents to a family of eight, used to get water from his neighbor’s well. But when it went dry two years ago, his tenants lost access to running water.

    Chairez is trying to get the county to provide a storage tank and water delivery service. For now, his tenants have to fill up 5-gallon (19-liter) buckets at a friend’s home and transport water by car each day. They use the water to cook and take showers. They have portable toilets in the backyard.

    “They’re surviving,” Chairez said. “In Mexico, I used to do that. I used to carry two buckets myself from far away. So we got to survive somehow. This is an emergency.”

    Well drillers are in high demand as water pumps stop working across the San Joaquin Valley.

    Ethan Bowles and his colleagues were recently drilling a new well at a ranch house in the Madera Ranchos neighborhood, where many wells have gone dry this year.

    “It’s been almost nonstop phone calls just due to the water table dropping constantly,” said Bowles, who works for Chowchilla-based Drew and Hefner Well Drilling. “Most residents have had their wells for many years and all of a sudden the water stops flowing.”

    His company must now drill down 500 and 600 feet (152 to 183 meters) to get clients a steady supply of groundwater. That’s a couple hundred feet deeper than older wells.

    “The wells just have to go deeper,” Bowles said. “You have to hit a different aquifer and get them a different part of that water table so they can actually have fresh water for their house.”

    In March, Gov. Gavin Newsom signed an executive order to slow a frenzy of well-drilling over the past few years. The temporary measure prohibits local agencies from issuing permits for new wells that could harm nearby wells or structures.

    California’s groundwater troubles come as local agencies seek to comply with the Sustainable Groundwater Management Act, which Gov. Jerry Brown signed in 2014 to prevent groundwater overpumping during the last drought. The law requires regional agencies to manage their aquifers sustainably by 2042.

    Water experts believe the law will lead to more sustainable groundwater supplies over the next two decades, but the road will be bumpy. The Public Policy Institute of California estimates that about 500,000 acres (202,000 hectares) of agricultural land, about 10% of the current total, will have to come out of production over the next two decades.

    “These communities are going to be impacted from drinking water supplies and loss of jobs,” said Isaya Kisekka, a groundwater expert at the University of California, Davis. “There’s a lot of migration of farmworkers as this land gets fallowed.”

    Farmers and residents in the Valley are hoping for help from above. “Hopefully we get a lot of rain,” Chairez said. “There’s a big need: water. We need water, water, water.”

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    Follow Terry Chea on Twitter: @terrychea

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    The Associated Press receives support from the Walton Family Foundation for coverage of water and environmental policy. The AP is solely responsible for all content. For all of AP’s environmental coverage, visit https://apnews.com/hub/climate-and-environment

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  • After #FreeBritney, California to limit conservatorships

    After #FreeBritney, California to limit conservatorships

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    SACRAMENTO, Calif. — California Gov. Gavin Newsom on Friday signed a bill limiting conservatorships that grant legal guardianship over individuals, a move that comes after Britney Spears’ conservatorship case garnered national attention amid her attempts to regain control over her finances and livelihood.

    The new law, authored by Democratic Assemblymember Brian Maienschein, will require that judges document all alternatives to a conservatorship before granting one. It aligns with similar legislation adopted in other states, following a push from advocates. In a statement, Newsom, a Democrat, said the state is committed to protecting the rights of Californians with disabilities.

    People deemed to be unable to make certain life decisions for themselves can be placed into legal conservatorships in which a court-appointed conservator is given control over their finances and other critical aspects of their life, sometimes without their consent. They most often involve people with developmental or intellectual disabilities or those with age-related issues like dementia.

    Advocacy groups contend that people like Spears, who was under a conservatorship for nearly 14 years, can become trapped in a system that removes their civil rights and the ability to advocate for themselves.

    “This measure is an important step to empower Californians with disabilities to get needed support in caring for themselves and their finances, while maintaining control over their lives to the greatest extent possible,” Newsom wrote in a signing statement, calling the new law a “transformative reform to protect self-determination for all Californians.”

    Spears, the pop singer and Mississippi native who has publicly struggled with her mental health, ended up at the center of a widespread #FreeBritney campaign aimed at regranting the pop singer authority over her medical, personal and financial decisions. She alleged she became a victim of misconduct at the hands of her father, James Spears, who was her conservator.

    Fans and advocates rallied online and in person to bring attention to Spears’ situation. Documentaries by The New York Times and Netflix on the effects of Spears’ conservatorship brought renewed spotlight to the case and the conservatorship process more broadly. She was a 26-year-old new mother who had several public mental health struggles during the height of her career in 2008, when her father sought the conservatorship, at first on a temporary basis.

    A Los Angeles judge ended Spears’ conservatorship last year, a win followed by legislative proposals to protect the rights of conservatees and efforts to make it more difficult for people to end up in one.

    Maienschein, who represents parts of San Diego, thanked the governor in a statement, noting the importance of ensuring the autonomy of people with disabilities.

    The new law will give potential conservatees preference for selecting a conservator and make it easier to end probate conservatorships.

    Disability rights organization Disability Voices United referred to news of Newsom’s decision as historic.

    “This law affirms that conservatorships should be rare and the last resort,” the group wrote. “The default should be that people with disabilities retain their rights and get support when they need it. ”

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    Sophie Austin is a corps member for the Associated Press/Report for America Statehouse News Initiative. Report for America is a nonprofit national service program that places journalists in local newsrooms to report on undercovered issues. Follow Sophie Austin on Twitter.

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