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Offshore wind or tribal rights? Biden’s California dilemma.

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Offshore wind or tribal rights? Biden’s California dilemma.


MORRO BAY, California — This picturesque bay located four hours south of San Francisco is at the center of an election year conflict for the Biden administration that could threaten its offshore wind ambitions on the West Coast.

Several offshore wind developers want to build the state’s first farms off the coast here, projects that are needed for California — and the White House — to reach decarbonization goals.

But this summer, the administration is also likely to designate the Chumash Heritage National Marine Sanctuary in coastal waters that surround Morro Bay — a plan that the offshore wind industry says blocks their access to the grid.

Equinor, Golden State Wind and Invenergy California Offshore — companies with offshore wind farms planned off the bay — hope to carve out guaranteed paths for their power lines to reach shore, when the NOAA finalizes the sanctuary in coming months. Proponents of the sanctuary, meanwhile, don’t want to reduce its size and are pushing for a requirement that wind developers seek permits for power lines through protected waters.

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“The ocean should not be the sacrificial lamb for our unquenchable thirst for energy,” said Violet Sage Walker, chair of the Northern Chumash Tribal Council, the Indigenous tribe that proposed the marine sanctuary to NOAA.

The conflict underscores how the administration’s ambitions for low-carbon energy deployment can clash with its priorities for environmental protection and tribal relations. It’s a tension that is playing out with other energy projects, and threatens to hamper progress toward the president’s climate goals at a time he’s counting on environmentalists to back him strongly in the 2024 election campaign. The Morro Bay fight also shows how federal agencies tasked with conservation are facing new disputes with emerging energy industries like offshore wind as states try to decarbonize.

At the heart of the transmission fight is what will run underneath Morro Bay and surrounding waters — companies are eyeing power lines buried in the seafloor to connect wind projects to the California grid. NOAA released a draft management plan for the sanctuary last year that would carve out a corridor on the north side for power lines to reach the retired Morro Bay Power Plant.

But that would mean cutting roughly 2,000 square miles from the original protected area, including Morro Bay and Morro Rock, a towering stone island in the bay that has cultural significance for the Chumash, who date their presence in the region back at least 10,000 years. If approved this year, the Chumash sanctuary would be the first ever nominated by Native Americans. The Biden administration has promised to improve the U.S. government’s relationship to Indian nations.

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But offshore wind developers are pushing back on the NOAA plan, despite the transmission carve-out. The proposal blocks unfettered access to a grid connection that’s long been assumed as the optimal point for offshore wind: the soon-to-retire Diablo Canyon nuclear power plant.

Diablo may be needed because offshore wind needs to connect to grid locations capable of taking in large amounts of power and flinging it into the larger electricity system, according to industry analysts. Transmission infrastructure at the existing Morro Bay power plant is not equipped for that, they say.

While NOAA said in its draft plan that wind developers could seek permits, renewing them every five years, to lay transmission through the sanctuary to reach Diablo, critics say it is an untested solution that does not provide enough certainty to secure financial investments for projects.

“It is critical that leaseholders can connect their projects,” said Erin Lieberman, executive vice president for environmental compliance and strategy at Invenergy, which wants to develop the Even Keel Wind project in federal waters off the coast of Morro Bay.

“Limiting this transmission access would threaten the project’s viability,” Lieberman said in an email, echoing other offshore wind developers in California who have appealed to NOAA for a Diablo connection.

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Biden vs. Trump

The Chumash sanctuary conflict comes at a challenging moment for President Joe Biden’s offshore wind ambitions.

Inflationary costs in the wake of the global pandemic have made offshore wind farms more expensive to build and slowed down deployment in the U.S. A scarcity of builders and manufacturers is also driving up costs, as the U.S. supply chain for offshore wind is virtually nonexistent. The industry is no longer expected to meet the Biden administration’s goal of reaching 30 gigawatts of offshore wind by the end of the decade.

The administration held its first Pacific wind sale in late 2022 and is aiming to hold an auction off the coast of Oregon this year. The auctions are part of a flurry of activity at the Interior Department to entrench the nation’s offshore wind industry in new markets like California and the Gulf of Mexico, ahead of a presidential election that could upend the industry’s outlook.

If Biden loses the November presidential race, Republican nominee Donald Trump is expected to slow the pace of offshore wind permitting and leasing.

“We have seen former President Trump speak out against wind explicitly. He’s not just yelling about renewables,” said Timothy Fox, an analyst with ClearView Energy Partners, who said the election will likely pressure the White House to decide on the Morro Bay issue before November.

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“The [Biden] administration wants to provide some clarity. They want to try to finalize this soon,” he said of NOAA’s Chumash plan.

NOAA is reviewing more than 100,000 comments submitted about the proposed sanctuary. The agency’s management plan includes bringing in tribal advisers, part of the Biden administration’s commitment to tribes.

“As the first Indigenous-led sanctuary nomination, proposing the Chumash Heritage National Marine Sanctuary reflects the Biden-Harris Administration’s commitment to respecting indigenous knowledge and promoting co-stewardship while advancing our historic climate and conservation goals,” said Alyssa Roberts, spokesperson for the White House Council on Environmental Quality, in a statement. “Input from local area Tribes, Indigenous communities, and clean energy stakeholders has been crucial and will continue to inform the designation process that NOAA is leading.”

Why does Diablo matter?

Experts say industry concerns over transmission access to Diablo are legitimate. While a single offshore wind project might be able to find a cost-effective route to connect to the grid at the Morro Bay Power Plant, it’s far less likely that the retired plant — a relic of the U.S. power boom of the 1950s — could support three or more wind farms.

The substation can’t accept the amount of power offshore wind is promising unless there are upgrades, said Ranjit Deshmukh, an assistant professor in environmental studies at the University of California, Santa Barbara. The plant has a 230-kilovolt substation to transfer power into the electric grid, while a substation at Diablo has more than double that capacity.

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Diablo Canyon Power Plant, units 1 and 2. | Pacific Gas and Electric

“The interconnection depends on how much offshore wind ends up being developed at Morro Bay,” Deshmukh explained in an email. “If all 3,100 [megawatt] capacity of planned wind farms … is built, then the 230 kV substation at Morro Bay will not be sufficient.”

Building a new substation twice the size at Morro Bay has been assessed by the California Public Utilities Commission (CPUC) and the California Independent System Operator as they plan for offshore wind. But state and local officials have also weighed other uses for the site, including an industry proposal to use it as a battery storage facility.

In contrast, the Diablo electrical plug-in likely has room for offshore wind power, and will have additional capacity if the nuclear plant is decommissioned as planned in 2030, Deshmukh said.

‘An additional threat’

Unlike New England states that helped drive the first offshore wind development in the U.S. via subsidies, California doesn’t offer direct support to help companies cover their costs. A new law, signed by California Gov. Gavin Newsom (D) last year, attempts to change that. It would direct the California Department of Water Resources to buy “clean” energy from large, difficult-to-develop projects and sell the electricity to state utilities.

Even so, questions are emerging about whether California lawmakers have oversold the scale of potential offshore wind growth.

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Two years ago, the California Energy Commission set a goal of reaching up to 5 GW of offshore wind by 2030, with that power increasing incrementally until 25 million homes in the state are powered by offshore wind by 2045. Backed by Newsom, the target is the most aggressive in the country.

Last month, the CPUC — which regulates power providers covering about three-quarters of the state — inked a plan with a less ambitious target: 4.5 GW of offshore wind installed by 2035.

A spokesperson for the utilities commission said the two figures shouldn’t be compared apples to apples, however. The energy commission has set a goal for offshore wind statewide, while the utility commission is setting targets for its area of authority to procure needed power supply.

“It is important to note that offshore wind is a new technology in California, and as such, there will be challenges in advancing it, especially for the first/early projects,” said Terrie Prosper, director of strategic communications for the utilities commission.

One of those challenges is that offshore wind farms are more expensive to build in California than on the East Coast

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California waters are too deep to support fixed-bottom turbine platforms. So farms will require the emerging technology of floating platforms, moored to the seafloor with cables. That approach is advancing globally, but it hasn’t yet become widespread and still has higher costs than traditional offshore arrays.

California’s lack of an offshore wind subsidy, coupled with its high development costs, creates uncertainty for companies that is being exacerbated by Morro Bay’s situation, according to analysts.

“I wouldn’t characterize the sanctuary as the biggest threat [to California offshore wind development]. But it’s an additional threat,” he said. “This is one of several hurdles that can make project developers hesitant from making their final investment decision until there is clarity.”

A tribal push

The Northern Chumash band, an Indigenous people who are recognized by California — but not the federal government — as a tribe, have fought for the sanctuary for more than a decade.

The band argued in its sanctuary proposal that the waters off Morro Bay are ecologically important, because the coastline’s unique geography supports abundant marine life.

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As the state’s central coast curves inward, it creates a gyre where the cold northern current mixes with the warmer southern current. That helps churn colder, deeper and nutrient rich waters near the ocean floor to the surface, a process that supports the marine food chain.

“The biological richness of it is intertwined with the sacred sites,” said PJ Webb, a legal adviser to the Northern Chumash Tribal Council who wrote the tribe’s proposal to NOAA. Webb previously worked as an adviser to the Monterey Bay National Marine Sanctuary superintendent for two decades.

She noted that the Northern Chumash support clean energy, but have concerns about environmental impacts of transmission cables in Morro Bay, where threatened southern sea otters live.

Morro Bay Power Plant
Morro Bay Power Plant. | Naotake Murayama/Flickr

Sage Walker said NOAA’s proposal to reduce the size of the sanctuary for transmission “was kind of a blow to the priorities of the administration,” considering the president’s stated commitment to tribes.

For Kenneth Kahn, council chair of the federally recognized Santa Ynez Band of Chumash Indians, there is a compromise to be made with wind developers by creating a clear permitting option through the sanctuary waters.

Although the Santa Ynez Band was not the original nominator for the marine sanctuary, it will be directly involved in its management if it is finalized, as it is the only federally recognized Chumash tribe.

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Kahn said he understands the wind industry’s position that transmission permitting doesn’t seem clear in the NOAA documents, but doesn’t see that as an impossible hurdle.

“When there’s no absolute policy around it, they don’t see an avenue to get it done,” he said. “The other perspective is: Any developer is gonna take the path of least resistance.”

What is NOAA likely to do?

NOAA’s proposal is explicit that subsea electric transmission cables could be approved in a national marine sanctuary.

“NOAA’s experience at other sites indicates large cable construction projects may be successfully proposed and built within national marine sanctuaries,” the agency wrote in its draft environmental analysis.

There is precedence for the idea. For example, in the Olympic Coast National Marine Sanctuary off the coast of Washington state, fiber-optic submarine cables were installed under the seafloor in 1999 and 2000.

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Along with saying that permits for transmission would likely need regular renewals, the agency suggested a unique framework for managing the sanctuary, including using several advisory boards that give the Santa Ynez, and potentially other tribal nations and bands, a seat at the management table.

But the absence of a detailed permitting process for offshore wind transmission was considered a sizable omission by developers and other proponents.

Fox, with ClearView, said NOAA appears willing to advance a transmission permitting process, but he noted that as a federal agency, NOAA isn’t ultimately trying to help the industry.

“There could be some flexibility. But NOAA’s primary responsibility is environmental protectionism,” he said. “It is not to facilitate offshore wind.”

Advocates who want both offshore wind and the sanctuary off the coast of Morro Bay are urging the agency to take a middle-of-the-road approach.

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California Rep. Salud Carbajal, a Democrat who represents Morro Bay’s congressional district, has been advising the agency to use a sanctuary boundary without the transmission carve-out, while also making certain there’s a permitting process for power lines.

An aide in Carbajal’s office, who was granted anonymity due to the sensitivity of the negotiations, said the congressman has advocated this approach with both NOAA and the White House.

Another option that’s been proposed to NOAA is what developers have called a “phased approach.”

With that concept, transmission corridors could remain outside the sanctuary boundary until cables have been sited or even installed. When that occurs, sanctuary protections would become effective in waters containing the power lines.

We “are open to discussions about a future expansion of the Sanctuary once offshore wind transmission access has been assured,” said Lieberman, with Even Keel.

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Webb, the Northern Chumash adviser, said NOAA is likely torn over what to do. She thinks when NOAA carved out a proposed corridor to reach the Morro Bay power plant, it signaled its preference to keep some energy infrastructure outside of the sanctuary boundaries.

“There may be a desire not to set a precedent of having such disruptive stuff within the sanctuary,” she said.



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Operation Hands Down disrupts Central California gangs – Inside CDCR

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Operation Hands Down disrupts Central California gangs – Inside CDCR


CDCR staff assisted local, state and federal law enforcement agencies May 28 for Operation Hands Down, a large-scale gang takedown.

Overall, 43 search warrants were served at different locations throughout the San Joaquin Valley.

This marked the culmination of a two-month undercover operation focusing on Mexican Mafia and Sureño gang members committing various crimes.

Crimes included homicides, firearms trafficking, narcotics trafficking, shootings, robberies, assaults, sex offenses against minors and organized violence within custodial facilities.

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Operation Hands Down results in 69 arrests

Results:

  • 69 arrests
  • 73 guns, many high-capacity magazines, rounds of ammunition seized
  • narcotics, cash confiscated
500 pounds of methamphetamine was seized. Photo courtesy Fresno County Sheriff’s Office.

The drugs included 55 pounds of methamphetamine, three pounds of cocaine and a small amount of fentanyl powder. Nearly $165,000 was seized, which derived from narcotics trafficking, firearms sales and organized street gang taxes.

The arrests of these men, women and children are expected to have an immediate impact on lowering violence across California’s Central Valley.

“By disrupting these criminal organizations, we are confident our hard work will deliver a sense of peace to residents who deserve to feel safe in their communities,” according to the agencies.

The Fresno County Sheriff’s Office and the Multi-Agency Gang Enforcement Consortium (MAGEC) thanked the numerous law enforcement agencies for their assistance throughout this investigation.


Multiple agencies focus on disrupting gangs

In total, more than 500 law enforcement members participated.

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Some of their specialized assignments are: Special Weapons and Tactics (SWAT), Crisis Negotiation Team (CNT), Air Support Unit, K-9 Unit, Explosive Ordnance Disposal (EOD), Incident Management Team (IMT), Dispatch Unit, Crime Analyst Unit and Fresno County Jail Correctional Officers.

Participating agencies / task forces included:

  • California Department of Justice Special Operations Unit
  • Federal Bureau of Investigations
  • Fresno County District Attorney’s Office
  • Homeland Security Investigations
  • CHP
  • CDCR
  • California Department of Fish and Wildlife
  • U.S. Marshals Service
  • Police departments from Clovis, Coalinga, Fresno, Kingsburg, Madera, Reedley, Sanger, Selma and Visalia
  • Tulare County Sheriff’s Regional Gun Violence Enforcement Team (TARGET)
  • Kings County Sheriff’s Major Crimes Task Force (MCTF)
  • Madera County Sheriff’s Office
  • Merced County Sheriff’s Gang and Narcotic Enforcement Team (MAGNET)

This remains an ongoing investigation. Anyone with information that can help detectives, report it by contacting the Fresno County Sheriff’s Office at 559-600-3111. You may also contact Valley Crime Stoppers at 559-498-7867 or www.valleycrimestoppers.org. You will remain anonymous and may be eligible for a cash reward.


Follow CDCR on YouTube, Facebook, X (formerly Twitter). Listen to the CDCR Unlocked podcast.

See more stories on joint operations.

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The US$4.25 trillion question: who will face off for California governor?

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The US.25 trillion question: who will face off for California governor?


The race for California governor in November will be a battle between a Democrat promising to cement the state’s status as a stronghold of liberal policies and a Republican pledging to dramatically reverse course in America’s most populous state.

Republican Steve Hilton, a former Fox News commentator backed by President Donald Trump, has won enough votes to advance to the general election, Associated Press determined on Tuesday. He will face Democrat Xavier Becerra, a former state attorney general and health secretary under President Joe Biden.

The winner will succeed Democratic Governor Gavin Newsom to lead the state that is home to roughly 39 million people, Hollywood, a booming tech industry and a vast farming region that helps feed the nation. By itself, California represents one of the largest economies in the world at US$4.25 trillion.

Newsom, one of his party’s top foils against the Trump administration, was widely seen as eyeing a run for president himself in 2028.

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The next governor will have to take on stubborn issues including a high cost of living, housing shortages and homelessness.

Hilton is banking his campaign on voters being frustrated enough to do something they have not done in two decades: elect a Republican to statewide office. The last time that happened was when Governor Arnold Schwarzenegger won a second term in 2006. Hilton has campaigned as an outsider who would bring change after more than 15 years of one-party rule.



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California insurance commissioner race is set: Kim vs. Allen

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California insurance commissioner race is set: Kim vs. Allen


By Levi Sumagaysay, CalMatters

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

For the first time since California insurance commissioner became an elected position, two Democrats will vie for the job in November.

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The top two vote-getters in the June primary were former San Francisco Board of Supervisors member Jane Kim and state Sen. Ben Allen, who received about 27% and 20% of the vote, respectively. One of them will succeed Ricardo Lara, the former Democratic lawmaker who has served two terms as insurance commissioner. Lara has presided over the Insurance Department in the past eight years, during which the state saw its deadliest and most devastating fires. 

Kim or Allen will be taking on complicated, enormous challenges that have implications for local communities, people’s ability to buy homes and start businesses, and the state’s economy. 

In the past few years, insurance companies stopped writing new policies or renewing old ones, especially in high-risk areas, citing increasing wildfire risk from climate change and inflation that followed the COVID-19 pandemic. This caused homeowners to turn to the last-resort FAIR Plan, which is mandated by law to provide fire insurance. The plan, run by an alliance of insurers, has grown to more than 684,000 policies in force as of March, an increase of 152% since September 2022. It has warned about its ability to keep paying claims after major disasters.

Proposition 103, a law approved by voters in 1988, means that among many other things, the elected commissioner has the power to approve rate increases. It has kept the state’s rates from rising too much over the years — Californians’ homeowners insurance premiums have hovered around the middle of the pack nationwide — but that could change. Last year, the commissioner put in place regulations that include new factors insurers can use when setting their premiums, such as catastrophe modeling and reinsurance costs. Some companies have applied for and received approval to raise their rates, so they’re starting to write policies again.

Keeping insurance available but affordable will be the most pressing issue for either Kim or Allen, whose responsibilities will also include regulating auto, pet and some aspects of health insurance, plus workers’ compensation. 

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Another problem that will need plenty of attention: making sure insurance companies pay their claims in a timely manner that helps communities to rebuild. The L.A.-area fires shed a light on insurer practices that delay and deny claims, as well as underinsurance and the lack of standards for smoke damage, which have held up recovery. Pending legislation — such as those authored by Allen, whose district was hit by the fires last year — and lawsuits will address some of those issues. Well-organized fire survivors who called for Lara’s resignation over his department’s response to their concerns will surely keep up the pressure on his successor.

Here’s a look at each candidate’s record and how she or he would approach the job, based on their interviews with CalMatters and what they have said publicly, including at candidate forums.

Jane Kim

Kim’s proposal to create “natural disaster insurance for all,” inspired by a program in New Zealand, has gotten a lot of attention. She plans to fund such a system with a portion of policyholder premiums that insurance companies would collect and divert to the state. The state would then guarantee fire and flood coverage, while insurance companies would continue to cover other risks.

Naysayers, including consumer advocates, wonder why she hasn’t released any specifics about how much capital such a fund would require. Kim told CalMatters that it would need to be studied, but that at its core her proposal would generate revenue. 

Opponents of her proposal also say it’s a bad idea to shift catastrophic burden onto the state, pointing to what they say is the failure of splitting off earthquake insurance from homeowner insurance — most California homeowners now have no insurance coverage.

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“We (taxpayers) already are on the hook,” Kim said. “When insurers and utilities refuse to pay, they just pass it on to us anyway. Sharing the risk is important.” 

Kim also told CalMatters that an idea Merritt Farren, a Republican candidate for commissioner, proposed — that the state create a reinsurance authority to encourage insurers to write policies in the state — “may turn out to be a more efficient model.” 

Among Kim’s shorter-term priorities if she wins: 

  • Create public dashboards to show how insurance companies are spending policyholder premiums, and that show their record on claims.
  • Expand eligibility for a program that provides low-cost insurance to drivers who make less than $38,000 a year. 
  • Tie a company’s ability to sell auto insurance in the state to its willingness to write homeowner policies.
  • Make the FAIR Plan more transparent by requiring that its list of board members be public, and that its board meetings be public.
  • Freeze rates when policyholders file claims.

The former San Francisco elected official, an attorney, touts among her accomplishments free community college for the city’s residents; the first $15 minimum wage ordinance in the state; and a tenant-protection ordinance to avoid unjust evictions. She worked as the California director for Sen. Bernie Sanders’ 2020 U.S. presidential campaign and most recently as California Director for the Working Families Party.

Kim has a long list of endorsers, including many unions such as SEIU California. Besides Sanders, another U.S. lawmaker, Rep. Ro Khanna of Silicon Valley, has also endorsed her.

Ben Allen

The state senator, who will be termed out of the Legislature, wants to bring together the state, insurers, builders, local governments and firefighters to work on risk-reduction strategies.

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“I think that’s ultimately going to be the way that we get ourselves out of this mess,” he told CalMatters.

What he calls a comprehensive approach includes thinking about where people live and build: “We shouldn’t be building new construction that is irresponsible in high-risk areas. We should be looking for ways to carefully and sensitively encourage people to pull back from high-risk areas.”

If he wins, Allen’s other plans include:

  • Create a consumer advocate position within the insurance department, and increase staff to handle customer service. 
  • Require insurers to explain claim denials and provide real-time reports of delays and outstanding claims after a disaster.
  • Increase oversight of the FAIR Plan and make sure it complies with commissioner orders.
  • Ban the insurance commissioner and staff from working for the industry immediately after they leave the department.

Allen has played up his experience as a legislator, including writing and passing bills related to holding insurance companies accountable. For example, a law he wrote now requires insurers to pay 60% of policyholders’ contents coverage without a detailed inventory, and gives consumers more time to provide that inventory. He also touts writing Proposition 4, the bond measure approved by the state’s voters in 2024 “for safe drinking water, wildfire prevention and protecting communities and natural lands from climate risks.”

Other pending bills authored by him include one that would require insurers to give homeowners 90 days notice before they intend not to renew their policies, along with a clear explanation. Another would penalize insurance companies that fail to correct their practices after the insurance department finds that they have violated laws and regulations.

Allen also has many endorsements, including the two leaders of the state Legislature, Senate Pro Tem Monique Limon and Assembly Speaker Robert Rivas. U.S. Sens. Adam Schiff and Alex Padilla, both from California, unions and the Consumer Federation of California also endorse him.

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This article was originally published on CalMatters and was republished under the Creative Commons Attribution-NonCommercial-NoDerivatives license.



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