The Barbed Wire - April 11, 2014

ACTION ALERT: RCRC Opposes SB 1270 – Urges Members to Take Action

RCRC and fellow local government entities CSAC and the League of California Cities (LCC) have taken an oppose position on SB 1270 regarding surface mining regulations under SMARA.  SB 1270 would undermine local land use planning authority. By proposing to shift lead agency status for mining inspections and financial assurances of surface mining activities from counties or cities to the state, the bill erodes the ability for a local jurisdiction to work with mining operations for the benefit of the local community, and could even create direct costs on those jurisdictions that operate their own mines for public works projects. 

RCRC staff is requesting that counties draft letters to express their opposition, and has drafted a sample letter for individual counties to utilize as a reference when creating their own letters on the measure. Additionally, the joint letter between RCRC, CSAC, and LCC can be accessed here.

For additional information, or to request a copy of the template letter, please contact RCRC Legislative Advocate Cyndi Hillery at (916) 447-4806 or chillery@rcrcnet.org.

Drought Operations Plan Released

Late this week, the U.S. Bureau of Reclamation (Bureau) and the California Department of Water Resources (DWR) released a multi-state Drought Operations Plan (Plan) for the remainder of 2014.  The Plan will be implemented in close coordination with the U.S. Fish and Wildlife Service (USFWS), the National Marine Fisheries Service, the California Department of Fish and Wildlife (DFW), and the State Water Resources Control Board (SWRCB). 

The Plan provides a framework for water management decisions through mid-November, and will be modified as conditions change, and new information on the state’s water supply becomes available.  The objectives of the Plan include closely managing the state’s water resources in the coming dry months and into next year; augmenting water exports from the Delta for storage and use this spring when possible; ensuring adequate water supplies for drinking water, sanitation and firefighting; preventing saltwater from intruding into the water delivery system; providing sufficient water for fish migration and spawning; and, meeting water quality needs for water users in the Delta.

The Drought Operations Plan can be accessed here.

For additional information, please contact RCRC Legislative Advocate Kathy Mannion at (916) 447-4806 orkmannion@rcrcnet.org.

Anticipated Mokelumne Fuel Treatments Study Released

On Thursday, a long-time joint effort between the Sierra Nevada Conservancy, the U.S. Forest Service, and The Nature Conservancy to study the direct effects of fuel treatments on the size and severity of wildfires was released. This study was completed in the upper Mokelumne River watershed as an example for the Sierra Nevada region.  The study not only shows a direct correlation between fuels treatments and positive changes in fire behavior, but quantifies for the first time, the direct savings attributable to fire prevention work in the forests.  Simply, it shows that the cost of completing fuel treatments prior to a fire is more than covered by the avoided losses created by that fire prevention activity.

Loss parameters utilized in the study include lost income potential, the value of structures saved from fire, the costs of fire suppression and post-fire recovery, as well as lost revenue from possible carbon sequestration credits, merchantable timber, and biomass fuels.  Interestingly, the study also outlined which entities benefited most through pre-fire fuels management work, and included the state, the federal government, private property owners and insurers thereof, timber owners, and utility companies.  Potentially, this shows the appropriateness of broadening the scope of who funds fire prevention activities.

An Executive Summary of the study can be accessed here. The study in its entirety can be accessed here.

For additional information, please contact RCRC Legislative Advocate Cyndi Hillery at (916) 447-4806 orchillery@rcrcnet.org.

Senate Leaders Agree on Framework for Transportation Bill, Funding Remains Uncertain

Senators Barbara Boxer (D-California) and David Vitter (R-Louisiana), Chair and Ranking Member of the Senate Environment and Public Works Committee respectively, announced they have reached a framework for an agreement to a six-year surface transportation bill.  The larger issue, however, is how to bring solvency to the Highway Trust Fund (HTF), which is the primary funding mechanism for the nation’s transportation system. 

As counties will recall, Peter Rogoff, the U.S. Department of Transportation’s top policy official recently reported that the HTF could run short of funding as early as July.  The implications of this will have a major impact on California’s counties as a whole, so restoring funding to the HTF will be of primary concern to Congressional members as part of any surface transportation discussion.  The issue over how to fund the HTF will be under the purview of the Senate Finance Committee, which is chaired by Senator Ron Wyden (D-Oregon).  Senator Wyden has expressed interest in pursuing corporate tax reform as one option for funding the HTF, but it is still uncertain where those discussions will end up.

RCRC Officers and staff recently attended the annual National Association of Counties (NACo) Conference in Washington, D.C., where they held meetings with key Congressional staff regarding reauthorization of the federal Moving Ahead for Progress in the 21st Century Act (MAP-21), the federal surface transportation infrastructure bill. These advocacy efforts were focused on the need to rededicate funding for on-system bridges, which was eliminated under MAP-21, and the need to reestablish the high-risk rural roads program.

For additional information, please contact RCRC Legislative Analyst Randall Echevarria at (916) 447-4806 or rechevarria@rcrcnet.org.

House ESA Hearing Demonstrates Difficulty in Making Revisions to the 40-Year Old Act

The House Natural Resources Committee held a hearing on four bills to modify the Endangered Species Act (ESA), but partisan sparring demonstrated that neither bill stands much chance of enactment. While conceding that some reform is needed, some committee members criticized the bills for going too far in their requirement that all science data used to list a species be made public, that data provided by government agencies and Indian tribes be included, and that litigation costs be made public and attorney’s fees limited. While the bills might eventually pass the House, no action is expected in the Senate.

Proposed Listing of Greater Sage Grouse Delayed

The U.S. Fish and Wildlife Service (USFWS) has postponed a final determination on listing the Greater Sage Grouse in central California and southwest Nevada until April 2015. Citing substantial disagreement with the science that would justify the endangered species listing, USFWS has reopened the public comment period on the listing as well as a proposed 1.8 million acre critical habitat designation until June 09, 2014.

Clean Water Act Rule Comes Under Additional Criticism

The Senate Interior and Environment Appropriations Subcommittee held a budgetary hearing this week in which EPA Administrator Gina McCarthy testified on behalf of the EPA FY15 proposed Budget. Several Republican Senators raised great concerns about the EPA’s proposed rule regarding Waters of the U.S, stating that they felt this proposed rule would significantly expanded the waters that would be subject to EPA’s jurisdiction. 

Administrator McCarthy continued to echo EPA’s stance that this proposed rule simply provides clarification on what waters would be jurisdictional. There were only two Democratic Senators at the hearing, and neither one raised this proposed rule as an issue. Meanwhile, all Republican Senators on the Environment and Public Works Committee have sent a letter to EPA and the Corps protesting the regulatory over-reach of the rule and the adverse impacts on farmers, ranchers, and small businesses. 

Sustainable Groundwater Management Workshop

The second of two workshops held by the Brown Administration to receive public input on the development of groundwater management legislation will be held on Wednesday April 16, 2014 at 9:00 a.m. in the Cal/EPA Headquarters Building (details below). The first workshop held on March 24, 2014 dealt with ideas, proposals, and feedback on the California Water Action Plan Sustainable Groundwater Management draft framework. 

The April 16th workshop is intended to receive input on proposed solutions.  These are informational workshops only. The Sustainable Groundwater Management draft framework can be accessed here. Interested parties may also submit written comments to groundwater@gov.ca.gov by April 25, 2014.

RCRC testified at the March 25th workshop and will attend and present comments at the April 16th workshop as well.

Sustainable Groundwater Management Workshop

April 16, 2014; 9:00 a.m.

Cal/EPA Headquarters, Coastal Hearing Room

1001 I Street, Second Floor

Sacramento, CA 95814

For additional information, please contact RCRC Legislative Advocate Kathy Mannion at (916) 447-4806 orkmannion@rcrcnet.org.

Save-the-Date: Workshop on Small Water Systems in Northern California

The California Water Commission (Commission) will hold a public workshop on the challenges facing Northern California small water systems in rural, urban, and disadvantaged communities. Many state agencies are working diligently on drought response actions this year, and the Commission is particularly interested in addressing the disproportionate impact of the drought on some small communities. 

The Commission consists of nine members appointed by the Governor and confirmed by the State Senate. The Commission provides a public forum for discussing water issues, advises the Department of Water Resources (DWR), and takes actions to further the development of policies that support integrated and sustainable water resource management and a healthy environment.

The workshop is intended to provide information to the members of the Commission and the public, and may inform future actions by the Commission. An agenda is under development, and information will be made available in the near future.

Workshop on Small Water Systems in Northern California

May 21, 2014; 9:30 a.m.

The Ridge Golf Course and Events Center

2020 Golf Course Road

Auburn, CA 95602

Registration Fee: $30, lunch included

For additional information, please contact RCRC Legislative Advocate Kathy Mannion at (916) 447-4806 orkmannion@rcrcnet.org.

Bureau of Land Management Director Confirmed

Earlier this week, the U.S. Senate confirmed 71-28 the nomination of Neil Kornze to be the Director of the Bureau of Land Management (BLM). Kornze was previously Principal Deputy Director at the BLM, overseeing the bureau’s conservation, outdoor recreation and energy development programs. Detailed information on the confirmation can be accessed here.

Local Government Training: Vehicle Miles Traveled Impact Tool

The California Air Resources Board (ARB) will be holding a local government training on their recently completed research study and tool to assist cities, counties and regions with estimating changes in Vehicle Miles Traveled (VMT) that are unique to their community and mix of neighborhood types. By attending the training, local government entities will gain a better understanding of how to use the VMT Impact Tool to prioritize local actions to reduce VMT and take action to assist with meeting the statewide goals of AB 32 and SB 375. 

Space is limited, and reservations are requested. For convenience, a Webinar is also offered.

VMT Impact Tool Training

May 01, 2014 at 1:30 p.m.

Cal/EPA Headquarters, Klamath Training Room

1001 I Street

Sacramento, CA 95814

Please contact Dana Papke Waters at (916) 324-9615 or dpapke@arb.ca.gov to reserve a space for the in-person training, or to obtain more information. Information on how to sign up for the Webinar can be accessed here.

Application Period Open for Homeland Security Grants

Applications for Homeland Security Grants through FEMA are open now, through May 23, 2014. There are two different grant options available:

 -       Transit Security Grant Program: Total funding $90 million, eligible entities to apply include rail, intra-city bus, and ferry public transportation agencies. There is no required match. Detailed information can be accessed here.

-       Port Security Grant Program: Total funding $100 million, eligible entities to apply include port authorities, facility operators, and state or local government entities. 25 percent required match for public sector applicants. Detailed information can be accessed here.

STATE LEGISLATIVE UPDATE

RCRC members are encouraged to share letters addressed to state and federal representatives and regulatory bodies with RCRC’s Government Affairs staff. A detailed overview of the legislative process can be accessed here.

Note: All of the bills introduced this year are initially referred to the Senate or Assembly Rules Committee.  The Rules Committee assigns each bill to the appropriate policy committee based on the subject matter of the bill.  If the bill is determined to have a fiscal impact to the state, the bill will be referred to the Appropriations Committee.  Many bills in the Appropriations Committee may be placed on the Suspense File.  The Suspense File is simply a place holder for legislation that is determined to have a cost of $150,000 or greater to the state.  The Appropriations Committee of each house will typically deal with all bills placed on the Suspense File at the end of May for bills from their house of origin, and the end of August for bill from the other house.

AB 1035 (Perez): Workers' Compensation: Firefighters and Pease Officers.  AB 1035 would extend the timeline for death benefit claims under the workers' compensation system for firefighters and peace officers. Status: Gained passage in the Senate Labor and Industrial Relations Committee, and now awaits consideration in the Senate Appropriations Committee.  RCRC Position: Oppose

AB 1540 (Hagman): Concurrent Enrollment. Current law restricts a principal from recommending more than 5% of the total number of students in the same grade-level from concurrent enrollment in a summer session course. AB 1540 would reinstate the 5% enrollment cap through 2017 and would add computer science courses to the exemption list. Status: Passed out of the Assembly Education Committee. RCRC Position: Support

AB 1970 (Gordon): Global Warming Solutions Act: Community Investment. AB 1970 would create the Community Investment and Innovation Program which would provide funding to local governments in the form of grants and other financial assistance to develop and implement greenhouse gas (GHG) emission reduction projects. Status: Passed out of the Assembly Natural Resources Committee. RCRC Position: Support

AB 2373 (Hernandez):  Probation Officers: Funding.  AB 2373, as initially proposed, would have required county Boards of Supervisors to approve probation officers’ written requests for resources as part of a county’s probation department’s notification to the Board that they have insufficient resources to conduct a variety of responsibilities.  During the bill’s review in the Assembly Local Government Committee, the author agreed to amend the bill to only require that the Board of Supervisors be required to respond to a Chief Probation Officer’s written request for additional resources.  Status: AB 2373 gained passage in the Assembly Local Government Committee and now awaits consideration in the Assembly Public Safety Committee.  RCRC Position: Opposed to the Introduced Version/Pending a Review on the Amended Version

AB 2402 (Buchanan): Noxious Weed Management.  AB 2402 would appropriate $2.5 million from the General Fund to the Noxious Weed Management Account within the California Department of Food and Agriculture and specify the allocation of the funds from the Noxious Weed Management Account to the various entities.  Status:Passed out of the Assembly Agriculture Committee.  RCRC Position: Support

SB 1166 (Vidak): Home to School Transportation Funding. SB 1166 would require the state to fully reimburse school districts for costs associated with Home to School Transportation. Status: Failed passage in the Senate Education Committee. RCRC Position: Support

SB 1268 (Beall): Natural Resources Climate Improvement Program. SB 1268 would establish the Natural Resource Climate Improvement Program. Status: Passed out of the Senate Natural Resources and Water Committee. RCRC Position: Support