Barbed Wire - August 29, 2014

August 29, 2014
2014 RCRC Annual Meeting - Make Sure You've Reserved Your Room!!!
2013-14 Legislative Session Wraps Up
Bay Delta Conservation Plan to be Recirculated
Rim Fire Timber Salvage Plan Released
Statewide Plant Pest Prevention and Management Program EIR Draft Released
Early Adopter USFS Forest Plan Revision Documents Available for Comment
Guidance to Agencies on Use of Greenhouse Gas Reduction Monies Released
EVENTS/NOTICES
LEGISLATIVE UPDATE
REGULATORY UPDATE

2014 RCRC Annual Meeting - Make Sure You've Reserved Your Room!!!

RCRC’s 2014 Annual Meeting will be held September 24-26 at the Resort at Squaw Creek in Placer County.  RCRC is excited about the developing program where you will hear experts discuss a wide range of topics of interest to rural counties, including panels on the Endangered Species Act, Marijuana in Colorado (One-Year Later), Ethics in Politics, Gambling in California, and Rural Economic Development.

To register for the 2014 Annual Meeting or to review the current program, click here.  Please note that you need to make your room reservations independently from the Annual Meeting registration.

2013-14 Legislative Session Wraps Up

Midnight on August 31, 2014 marks the Constitutional deadline for the 2013-14 Legislative Session.  As of this writing, the Assembly and Senate are expected to act on approximately 100 remaining bills prior to adjournment.

Many key RCRC-supported bills secured passage earlier this week and now await the Governor’s consideration.  The Governor has until September 30, 2014 to address the hundreds of bills that have reached his desk.  RCRC supported two key forestry bills regarding expansion of Timber Harvest Plan (THP) exemptions - Assembly Bill 1867 (Patterson) and Assembly Bill 2142 (Chesbro). 

Other key bills that gained passage include:

·         AB 896 (Eggman) regarding the control of West Nile Virus through collaboration approach between state agencies and the local vector control districts;

·         AB 2363 (Dahle) regarding eligibility of a renewable energy source for inclusion in the state’s renewable portfolio standard;

·         AB 2413 (Perez) which would create the Office of Farm to Fork;

·         SB 1341 (Mitchell) which would aid in the transition to the state’s new Medi-Cal computerized eligibility system (CalHEERS);

·         AB 1174 (Bocanegra) which would ease the Medi-Cal payment restrictions for tele-dentistry providers;

·         AB 2490 (Eggman) would make a number of modest administrative changes in the governance of fairs; and,

·         AB 2231 (Gordon) which would re-instate a Senior Citizens Property Tax Postponement program.

RCRC-opposed bills also secured passage and await the consideration of the Governor.  One high-profile example is Assembly Bill 2188 (Muratsuchi), which would require an expedited permitting process for rooftop solar, placing these particular permits in front of all other permits.  RCRC will be attempting to secure a veto of this measure.

RCRC staff continues to work on issues still outstanding in the Legislature, including the various groundwater measures, in the final days and hours of session.  The RCRC bill list will be available on our website, and will be updated as each bill passes through the legislative process, and then again after the Governor takes action on each item.

Bay Delta Conservation Plan to be Recirculated

The Department of Water Resources (DWR) and other state and federal agencies leading the Bay Delta Conservation Plan (BDCP) announced this week that they will publish a recirculated Draft BDCP, Environmental Impact Report/Environmental Impact Statement (EIR/EIS), and Implementing Agreement (IA) in early 2015.  The agencies are currently reviewing the comments received through the public comment period, which closed July 29, 2014. 

The scope of the partially recirculated draft comments will be announced in approximately six to eight weeks.  The recirculated documents will include those portions of each document that warrant another public review prior to publication of final documents.

RCRC’s comment letter on the BDCP Draft EIR/EIS and IA urged the revision and recirculation of the documents for public comment.  The letter can be accessed here.

Rim Fire Timber Salvage Plan Released

This week, Stanislaus National Forest Supervisor Susan Skalski released the timber salvage plan to address some of the effects of last year’s devastating Rim Fire.  The plan will allow for harvesting of burned trees on 24 square miles within the fire-damaged area, in addition to 28 square miles around roads and other areas where falling trees could pose a risk to the public. The plan allows for 52 square miles, out of the 400 square mile area, to be harvested.  

Opponents of the plan feel it goes too far and destroys habitat critical to California’s spotted owl and the black-backed woodpecker.  Others feel the plan doesn’t go far enough and are concerned that leaving too much dead timber on the landscape could become a public safety hazard from fire and falling trees in future years. 

The next step will be putting the project up for bid, as a timber sale.  Funds obtained from the timber sale can go back to aid in recovery efforts for this region, including replanting and other habitat and environmental restoration projects.  While entities like RCRC who are in support of timber harvest in this area as part of the recovery and restoration efforts hope that the timber sale and contracting process can move forward quickly into work on the ground, questions regarding litigation still loom, and some environmental community members are already considering those avenues.  Should the salvage process not be completed prior to winter, much of the value of the timber would be lost.

The Proposed Record of Decision is expected to be signed and made official on Thursday.  The complete report can be accessed here.

Statewide Plant Pest Prevention and Management Program EIR Draft Released

The California Department of Food and Agriculture (CDFA) has released the Draft Statewide Plant Pest Prevention and Management Program (Program) Environmental Impact Report (EIR).  The Draft Program EIR document provides an overview of management programs to protect California’s food system through the principles of integrated pest management, while also protecting public health and the environment. 

The Draft Program EIR includes a process to evaluate and include new developments and potential environmental impacts – called tiering – while providing for public participation throughout the pest management process.

The release of the Draft Program EIR triggers a 45-day comment period.  Detailed information on the Draft Program EIR, including a schedule of public meetings, can be accessed here.

Early Adopter USFS Forest Plan Revision Documents Available for Comment

The U.S. Forest Service (USFS) has released four new draft documents for public comment as part of their ongoing process to revise the forest plans for the Inyo, Sierra, and Sequoia National Forests.  The documents include the Scoping Letter, the Notice of Intent, the Detail of Proposed Action, and the Location Map.  The documents will be eligible for public comment for 30 days following publication in the Federal Register. 

The three forests are considered “early adopter” forests, and are among the first to have plan updates using the 2012 version of the National Forest Land Management Planning Rule.  The forests overlap with several RCRC member counties, and the plans will impact everything from forest restoration, to recreational use. 

The four documents, as well as detailed information on filing comments and a schedule of public meetings can be accessed here.

Guidance to Agencies on Use of Greenhouse Gas Reduction Monies Released

The Air Resources Board (ARB) released a draft of their Cap and Trade Proceeds Interim Guidance to Agencies Administering Greenhouse Gas Reduction Fund (GGRF) monies.  The draft describes a general approach for all of the project categories and administering agencies on the projects types that are most likely to be located within or provide benefits to disadvantaged communities.  Senate Bill 535 (De Leon 2012) required California Environmental Protection Agency (CalEPA) to identify a specific list of disadvantaged communities and requires state agencies to allocate 25 percent of the available moneys in the GGRF to projects that provide benefits to disadvantaged communities, and to allocate a minimum of 10 percent of the available monies in the GGRF to projects located within disadvantaged communities.  

CalEPA and the Office of Environmental Health Hazard Assessment (OEHHA) developed the CalEnviroScreen for this purpose.  RCRC is concerned that strictly using the CalEnviroScreen limits rural county eligibility for GGRF monies, and will be submitting comments.  Comments on this draft Interim Guidance and the alternative approaches that might be used to identify disadvantaged communities are due September 15, 2014, with the ARB consideration at their September 18, 2014 Board meeting.  RCRC staff is requesting member county comments on the draft Interim Guidance.  The draft Interim Guidance can be accessed here.  The Alternative Approaches to Identifying Disadvantaged Communities can be accessed here.

EVENTS/NOTICES

2014 California Preseason Flood Emergency Response Coordination Meetings

Click here.

LEGISLATIVE UPDATE

RCRC members are encouraged to share letters addressed to state and federal representatives and regulatory bodies with RCRC’s Government Affairs staff. 

AB 194 (Campos) Open Meetings: Public Criticism and Comment.  AB 194 addresses public comment periods of local legislative bodies under the state’s open meeting laws.  Status:  Gained final passage in both houses of the Legislature and awaits the Governor’s consideration.  RCRC Position: Watch

AB 896 (Eggman) Wildlife Management Areas: Mosquito Abatement.  AB 896 would help protect the public’s health from vector borne diseases such as the West Nile Virus through a multipronged approach that requires collaboration among state agencies and the local vector control districts to control mosquito and vector breeding populations in wildlife management areas.  Status: Gained final passage in both houses of the Legislature and awaits the Governor’s consideration.  RCRC Position: Support

AB 1174 (Bocanegra) Dental Professionals.  AB 1174 would establish the Virtual Dental Home (VDH) system statewide and extend the scope of practice for registered dental assistants and dental hygienists such that they are able to perform early intervention procedures on patients who traditionally are not able to go to a dental office for treatment.  Status: Gained final passage in both houses of the Legislature and awaits the Governor’s consideration.  RCRC Position: Support

AB 1867 (Patterson) Forestry.  AB 1867 would allow landowners to sell timber removed during the course of defensible space vegetation management work up to 150 feet on each side of a legally permitted structure.  Status: Gained final passage in both houses of the Legislature and awaits the Governor’s consideration.  RCRC Position: Support

AB 2126 (Bonta) Collective Bargaining.  AB 2126 would impose mandatory mediation and broaden the scope of fact-finding during the local government collective bargaining process.  Status: Gained final passage in both houses of the Legislature and awaits the Governor’s consideration.  RCRC Position: Oppose

AB 2142 (Chesbro) Timber Harvesting Plans.  AB 2142 would extend the Forest Fire Prevention Exemption pilot project, as created by AB 744 of 2013, to include additional areas of the state that have significant fire hazard risks.  Status: Gained final passage in both houses of the Legislature and awaits the Governor’s consideration.  RCRC Position: Support

AB 2188 (Muratsuchi) Solar Energy: Permits.  AB 2188 would require each city and county to create an expedited permitting process for small, residential solar energy systems among other provisions.  Status: Gained final passage in both houses of the Legislature and awaits the Governor’s consideration.  RCRC Position: Oppose

AB 2231 (Gordon) Senior Property Tax Postponement Program.  AB 2231 would restore the Senior Citizen’s Property Tax Postponement Program.  Status: Gained final passage in both houses of the Legislature and awaits the Governor’s consideration.  RCRC Position: Support

AB 2413 (Perez) Office of Farm to Fork.  AB 2413 would create the Office of Farm to Fork under the direction of the Department of Food and Agriculture and would require the office to identify communities in both rural and urban areas that lack access to healthy food.  Status: Gained final passage in both houses of the Legislature and awaits the Governor’s consideration.  RCRC Position: Support

AB 2415 (Ting) Property Tax Agents.  AB 2415 would provide protections for property owners and local governments by requiring a statewide compliance and registration scheme for property tax agents.  Status: Gained final passage in both houses of the Legislature and awaits the Governor’s consideration.  RCRC Position: Support

SB 29 (Correa)  Vote by Mail Ballots.  SB 29 would allow an absentee or mail-in ballot to be counted if it is postmarked by or on Election Day and is received by election officials within three days after Election Day (commonly referred to as ‘postmark + 3’).  Status: Gained final passage in both houses of the Legislature and awaits the Governor’s consideration.  RCRC Position:  Support

SB 1077 (DeSaulineir) Mileage-Based Fee Pilot Program.  SB 1077 would establish a Mileage-Based Fee (MBF) Task Force within the California Transportation Commission and would require the task force to study MBF alternatives to the gas tax and to develop recommendations for MBF criteria to be used to evaluate the pilot program.  Status: Gained final passage in both houses of the Legislature and awaits the Governor’s consideration.  RCRC Position: Watch

SB 1219 (Torres) Public Employees' Retirement/Elected Officials.  SB 1219 would provide clarification within the Public Employees' Pension Reform Act of 2013 so that elected officials would not face mandatory reinstatement into the California Public Employees’ Retirement System.  Status: Failed passage on the Assembly Floor.  RCRC Position: Support

SB 1292 (Hueso) Safe Drinking Water State Revolving Fund.  SB 1292 would increase the maximum amount of a construction grant award from $3 million to $5 million for a water system serving severely disadvantaged communities.  Status: Gained passage in the Assembly and awaits final consideration in the Senate.  RCRC Position: Support

SB 1341 (Mitchell) Medi-Cal/Statewide Automated Welfare System.  SB 1341 would require SAWS to be the system of record for Medi-Cal, and contain all Medi-Cal eligibility rules and case management functionality.  Status: Gained final passage in both houses of the Legislature and awaits the Governor’s consideration.  RCRC Position: Support

SB 1364 (Fuller) Telecommunications: Universal Service Programs.  SB 1364 would expand and extend the funding base for the state’s universal service and telecommunications programs which help support the deployment of communication services in California.  Status: Gained final passage in both houses of the Legislature and awaits the Governor’s consideration.  RCRC Position: Support

REGULATORY UPDATE

RCRC members are encouraged to submit comments on regulatory matters to state and federal regulatory bodies, and to provide a copy to RCRC’s Government Affairs staff. 

SRA Fire Safe Regulations Update, 2014: Updates existing regulations to amend requirements on fire access roads and other issues.  Agency: California Board of Forestry and Fire Protection Status: The Board made some slight changes to the amendments at their August 27, 2014 meeting, and will release them for a 15-day comment period in September.  The final hearing is set for October 1, 2014.  RCRC Comments: Click hereRCRC Advocate: Staci Heaton sheaton@rcrcnet.org

Definition of “Waters of the United States” Under the Clean Water Act: Changes the definition of “Waters of the United States” in the Clean Water Act and expands federal jurisdiction over waterways.  Agency: U.S. Environmental Protection Agency, U.S. Army Corps of Engineers Status: Draft published on April 21, 2014 for a 180-day comment period, comments due October 20, 2014.  RCRC Comments: Click here  RCRC Advocate: Staci Heaton sheaton@rcrcnet.org

Preliminary Draft Staff Report on the SB 375 Greenhouse Gas Emissions Reduction Target Update Process: Identifies issues to be considered in the first four year review of the regional passenger vehicle greenhouse gas (GHG) emission reduction targets for the 18 Metropolitan Planning Organizations (MPOs) for 2020 and 2035.  Agency: Air Resources Board.  Status: Click here.  RCRC Advocate: Mary Pitto mpitto@rcrcnet.org.

Air Toxics Hot Spots Draft Guidance Manual:  Provides an updated method to estimate health risks from air pollution sources that will increase the number of facilities subject to the “Hot Spots” program, requiring additional notifications or plans for reducing emissions.  The draft Guidance Manual can be accessed here. Agency: Office of Environmental Health Hazard Assessment Status: Draft language posted June 28, 2014 for a 45-day public comment period.  Comments extended to August 18, 2014.  RCRC comments:  RCRC joined CalChamber and others expressing concerns with the draft Guidance Manual.  Click hereRCRC Advocate:  Mary Pitto mpitto@rcrcnet.org