The Barbed Wire - April 21, 2017

DOC Hosts Third Williamson Act Stakeholder Meeting

The Department of Conservation (DOC) held its third Williamson Act stakeholder meeting on April 20, 2017.  Members from local government organizations, the farming community, and legislative staff have been brought together by the DOC to discuss possible improvements to the Land Conservation Act (Act). 

Topics of discussion include compatible use of contracted lands, public acquisitions, farmland security zone, enforcement of contracts, and subvention payments.  The goal of these meetings is to reach consensus on policy changes that will address some of the issues that the DOC has noted, such as compatible use determinations made by local governments that may not meet the intent of the Act.  It is anticipated that any policy revisions generated by these discussions will be introduced into legislation early next year, most likely into Williamson Act related bills already moving through the process (Assembly Bill 1564, Assembly Bill 925, and Senate Bill 435).  RCRC will continue to be active participants in the process and provide periodic updates.

OHV Reauthorization Bill Clears Committees, Despite Opposition

Senate Bill 249 (Allen), which makes a number of substantial changes to the State’s Off-Highway Vehicle (OHV) Program, passed out of its second committee on Tuesday amid ample opposition from groups including recreational vehicle proponents and local governments.  The OHV Program is due to sunset at the end of 2017 and must be reauthorized by the Legislature. 

While SB 249 extends the program another five years, it also overhauls the program in a way that opponents feel will not only diminish local economic and resource benefits from the program, but could also ultimately lead to the elimination of the program altogether, and limit the ability of OHV use in designated State parks.

SB 249 passed out of the Senate Transportation and Housing Committee on an 8-2 vote, but not without hesitancy as several members expressed concerns about what the bill would mean for the future of the OHV program, including whether funds could be siphoned from the program to the main budget.  Senator Mike McGuire (D-Healdsburg), who represents several RCRC member counties, was particularly vocal in his concerns about the bill and its potential impacts on local rural economies, ultimately urging Senator Allen to continue negotiating with stakeholders to make numerous improvements to the bill. 

SB 249 will next be heard in the Assembly Appropriations Committee.  RCRC’s comment letter can be accessed here.

Rural Certified Unified Program Agency Assistance for Unfunded Low-Population Counties

Each county Certified Unified Program Agency (CUPA) is required to perform a number of hazardous material programs to ensure local environmental health and safety. Under current law, many, but not all, rural counties receive State General Fund monies for the operation of their local CUPA, which is calculated based upon population thresholds and other criteria.  The Governor’s 2017-18 proposed State Budget included $835,000 for the continued reimbursement of qualified CUPAs located in low-population counties. 

This week, the Assembly Budget Resources and Transportation Subcommittee passed the California Environmental Protection Agency (CalEPA) budget change request of an additional $1.1 million for next year to fund the eleven rural county CUPAs that are not currently receiving grant funds from the Rural Reimbursement Account. 

The funds are important for the feasible and functional operation of the low-population CUPAs.  The cost to operate the program is disproportionately high in low population counties due to the low number of businesses and the high standard for implementation of the program.  These rural CUPAs have been struggling to the point of considering allowing the state to assume the operation of the program.  It would cost far more for the State to operate the program than to invest a modest amount to fund the rural CUPAs that currently do not receive state assistance. 

Previous attempts to enact legislation to fund these additional low-population counties have been unsuccessful, primarily due to the past budget deficits.  RCRC has consistently supported the rural CUPAs not receiving the reimbursement funds to receive the funding.  While this one-time augmentation is only for the next fiscal year, a legislative proposal to make it permanent is expected to follow.  

Congress Continues Negotiations on Healthcare Reform

Congressional leadership and the White House continued their efforts to reform and replace the Affordable Care Act this week.  While Democrats continue their opposition to the reform and replace process, finding common ground on policy between Republican conservatives and moderates has proven to be difficult during Congressional leadership negotiations on a new healthcare bill. 

Nevertheless, Republicans have been more willing to negotiate on a reform and replace bill since Congress failed to pass a bill in March.  Congress could bring a repeal and replace bill up for consideration as soon as next week.

Congressional Caucuses Weigh In On National Monument

This week, the Chairs of the Congressional Asian Pacific American Caucus, the Congressional Black Caucus, and the Congressional Hispanic Caucus jointly sent a letter to Congressional leadership expressing opposition to any efforts to limit presidential authority to designate national monuments under the Antiquities Act.

The letter highlights the importance of the President maintaining the ability to protect and preserve places in the United States that honor the contributions of all Americans.  Several Members of Congress, including Chair of the House Natural Resources Committee Rob Bishop (R-UT), have discussed the possibility of limiting the President’s abilities under the Antiquities Act in the 115th Congress.

EPA Holds WOTUS Meeting with State and Local Government Associations

This week, the Environmental Protection Agency (EPA) held a meeting with ten national associations representing state and local governments, including the National Association of Counties, to discuss the Waters of the United States (WOTUS) rule.  The meeting was an attempt for the new Administration to reach out to state and local officials to obtain their input and discuss strategy regarding the redrafting of the WOTUS rule. 

The Trump Administration will be approaching the WOTUS rule rewrite using a narrower definition of Waters of the U.S., expressed by Justice Scalia in 2006.  Scalia wrote in a 2006 opinion that federal protection should only extend to “relatively permanent” waters and wetlands with a continuous surface connection to larger rivers and streams.  Several stakeholders during the meeting expressed the importance of the new rule providing greater clarity.  The EPA is currently soliciting comments from the public on what approaches the agency should consider when rewriting the rule. 

Senator Cantwell Expresses Importance for Wildfire Suppression Funding

Senator Maria Cantwell (D-WA), the Ranking Member of the Senate Energy and Natural Resources Committee, sent a letter to President Trump expressing the importance of maintaining funding for wildfire suppression activities in Fiscal Year 2018.  Senator Cantwell’s letter also highlighted the importance of finding a permanent fix to the fire-borrowing issue. 

The President’s Fiscal Year 2018 budget blueprint would fully fund wildfire preparedness and suppression activities at $2.4 billion, which represents 100 percent of the ten-year average.  However, Senator Cantwell points out in her letter that the proposed amount does not take into account the additional $600 million the Forest Service received in 2015, and that going back to the ten-year average would represent a reduction in funding.  The President’s detailed budget is expected to be released in May.

BULLETIN BOARD

Upcoming Workshops: Clean Water State Revolving Fund Program

The State Water Resources Control Board’s Division of Financial Assistance is planning three workshops to discuss the current status of the Clean Water State Revolving Fund Program (Program) and to solicit input from the public and stakeholders on how to manage the demands on the Program given its resources to achieve the best water quality results for California.

Full details on the workshops can be accessed here.