The Barbed Wire - February 06, 2015

WOTUS Rule Once Again Questioned by Congress

The House Committee on Transportation and Infrastructure held a joint hearing on Wednesday with the Senate Committee on Environment and Public Works to question Environmental Protection Agency (EPA) head Gina McCarthy and U.S. Army Corps of Engineers Assistant Secretary Jo-Ellen Darcy on the proposed rule to change the definition of “Waters of the United States” (WOTUS) under the Clean Water Act.  This is the latest of several Congressional hearings questioning the rule’s perceived expansion of federal jurisdiction over various waterways not currently covered under the Clean Water Act.

Both Republican and Democrat members conveyed concerns with the proposed rule, including the lack of proper outreach to counties and cities, and the uncertainty surrounding the ramifications of the rule on Municipal Separate Storm Sewer System permits.  The hearing also focused on the potential impacts to agriculture and the regulation of ephemeral washes, with McCarthy repeatedly assuring that the purpose of the rule is to clarify what is considered a “Water of the U.S.,” rather than expanding federal jurisdiction. 

McCarthy vowed to work with various members of the Committees to reach out to stakeholders such as local governments and agricultural interests, and also promised the release of a revised final version of the rule in the Spring that would adequately address stakeholder concerns. 

Additional information, including video of the hearing, can be accessed here.

Dry Year Program Report Issued

The State Water Resources Control Board (Water Board), Division of Water Rights, issued the Dry Year Program Report for the 2014 water year which ended September 30, 2014.  The 2014 water year was the third driest in 119 years of record.  The report discusses actions taken by the Water Board, and potential administrative changes to the process.  Also discussed are potential changes which would require legislative action or additional funding.  

The report concludes that the ideal system for administering water rights would include three elements:

• Adjudications or other actions which account for all rights, including riparian and pre-1914, and extinguishes prior unexercised rights for all streams;
• Minimum in-stream flow requirements for all streams; and,
• Real-time management of flows and diversions that accurately tracks water availability and the need for curtailment based on the accounting of water rights, hydrology, and by ensuring that minimum in-stream flows are met. 

The report can be accessed here.

USDA Designates California Counties as Primary Natural Disaster Areas

On February 4, 2015, the U.S. Department of Agriculture (USDA) designated 55 California counties as primary natural disaster areas due to damages and losses caused by recent drought conditions.  All designated counties are eligible to apply for low interest emergency (EM) loans from USDA’s Farm Service Agency (FSA) to help cover part of their actual losses.  FSA will consider each loan application based on several factors, including the extent of losses, and ability to repay the loan.  

Thirty-two of the fifty-five designated counties include RCRC member counties: Alpine, Amador, Butte, Calaveras, Colusa, El Dorado, Glenn, Humboldt, Inyo, Lake, Lassen, Madera, Mariposa, Mendocino, Merced, Modoc, Mono, Napa, Nevada, Placer, Plumas, San Benito, Shasta, Sierra, Siskiyou, Sutter, Tehama, Trinity, Tulare, Tuolumne, Yolo and Yuba.  Del Norte and Imperial counties will also qualify for natural disaster assistance because their counties are contiguous. 

Detailed information on the emergency designation can be accessed here. 

Assembly Speaker Toni Atkins Announces Assembly Transportation Funding Proposal

Earlier this week, California State Assembly Speaker Toni Atkins joined the transportation community for the California Transportation Foundation’s Annual Transportation Forum to announce the Assembly’s ambitious proposal to provide $10 billion in transportation funding over the next five years.  The Assembly transportation proposal centers around establishing a new Road User Charge, which they project will raise approximately $1.8 billion in transportation revenues, through a user fee based on vehicle miles traveled.  While the full details of the Assembly’s transportation proposal are limited, a portion of the new transportation revenues would be used to backfill nearly $1 billion in Truck Weight Fees per year that are currently being used to pay off general obligation bond debt, thereby redirecting Truck Weight Fees back to the transportation system.  The proposal also estimates the Road User Charge would bring an additional $800 million above and beyond the $1 billion used to backfill Truck Weight Fees, and anticipates accelerating transportation loan repayments of approximately $200 million per year.  In total, the Assembly transportation proposal seeks to generate $2 billion annually over the next five years to fund our state and local transportation system.  

Parks Forward Commission Releases Final Plan

During the Summer of 2012 up to 70 California State Parks were slated for closure due to State Budget constraints and a prior State Park management mishap.  As a result, Assembly Bill 1478 (Blumenfield) was introduced, calling for the formation of an advisory council to conduct an independent assessment and make recommendations to the Legislature and the Governor on future management, planning, and funding proposals intended to ensure the long-term sustainability of the state park system.  The Parks Forward Commission (Commission) released their Final Plan (Plan) for the future of California State Parks earlier this week.  

John Laird, Secretary of Natural Resources, appointed the 12 member Commission in August 2013 to meet the goals outlined in AB 1478, now encapsulated in the Plan.  Although just released, State Parks has been implementing a number of the Plan’s short-term recommendations over the last two years – including enhanced technology – providing visitors the ability to use credit and debit cards at many State Parks – as well as a pilot program allowing visitors to use their smartphone to pay parking fees.  The Natural Resources Agency also continues to work to locate new cabins within the State Park system to expand the types of camping opportunities, thus appealing to a broader range of people.

At the State Capitol on Tuesday, February 24, 2015, a Joint Hearing of the Senate Natural Resources & Water and Assembly Water, Parks, & Wildlife Committees will address California State Park Reforms and The Final Report from The Parks Forward Commission.  The Plan may be accessed here.

Senators Support Forest Stewardship Contracts

A bipartisan group of Senators from western states have introduced a bill to expand the use of stewardship contracts for national forests by simplifying the process for federal agencies.  The legislation, sponsored by Sen. Jeff Flake (R-AZ), would give land managers more flexibility to partner with the forest products industry on long-term stewardship work.  Made permanent by last year’s Farm Bill, stewardship contracting allows agencies to enter into 10-year agreements with commercial loggers in order to responsibly trade commercial logging with noncommercial thinning and other restoration activities.  A similar measure was passed last year by the Senate Energy and Natural Resources Committee.   

President Releases FY 2016 Budget Proposal

On Monday, President Obama released his Budget proposal for Fiscal Year 2016.  The proposal calls for $4 trillion in spending in FY 2016, including $75 billion in new spending on both defense and non-defense programs.  The President has also proposed almost $1 trillion in new taxes over the next decade.  The proposal was widely criticized by Congressional Republicans, who are strongly opposed to both new spending and increased taxes.  

The following bullet points highlight key provisions of the President’s proposal of interest to RCRC member counties:

Federal Payment in Lieu of Taxes: The President’s budget would propose to fund the “Payments in Lieu of Taxes” program at its full authorized amount of $452 million. The administration acknowledges the need to find to a long-term solution to the funding mechanism of the program but does not provide any suggestions. 

Secure Rural Schools and Self-Determination Act: The Budget includes $197 million in mandatory funding for Secure Rural Schools.

Wildfire Funding: The President’s budget again proposed to move 30% of the ten year average of wildfire suppression costs to the emergency disaster funding cap, a funding mechanism within the Federal Emergency Management Administration that helps the federal government respond to and mitigate the effects of natural disasters.  Originally proposed in the Administration’s FY2015 budget, the disaster cap adjustment would allow for the protection of other fire and non-fire programs from “fire-borrowing.”

Surface Transportation Reauthorization Bill: The President proposes a $478 billion, six-year reauthorization of the surface transportation bill funded through a one-time mandatory repatriation tax on corporate foreign profits.  The proposal includes $317 billion for highways, $115 billion for transit, $28.6 billion for passenger rail, and $7.5 billion for TIGER Grants.  The Administration will release its full legislative proposal for transportation reauthorization in the coming weeks.

New Infrastructure Bonds: The Budget creates America Fast Forward Bonds, which build on the successful Build America Bonds program of taxable bonds. It also creates the new tax-exempt Qualified Public Infrastructure Bonds, which will help states and local communities to attract new sources of capital for infrastructure investment projects.

Climate Resilience Initiatives: The President proposed $616 million in support of his Climate Resilience Initiatives.  This funding would include $400 million to support flood mapping and risk analysis activities, $200 million in Pre-Disaster Mitigation Grants, $10 million for analyses of climate change impacts on infrastructure critical to national and economic security, and $6 million for FEMA climate workshops and regional resilience coordination.

Land and Water Conservation Fund: The President’s budget proposes a permanent authorization of the Land and Water Conservation Fund at $900 million.

BULLETIN BOARD

First Public FCAT Meeting Announced

The California Department of Forestry and Fire Protection (CAL FIRE) announced the first in a series of public meetings to brief the public and take comment on the work of the Forest Climate Action Team, also known as FCAT.  FCAT is comprised of representatives from several state and federal agencies, including CAL FIRE, the California Environmental Protection Agency, the California Air Resources Board, the USDA Forest Service, and the Bureau of Land Management.  FCAT also includes RCRC and CSAC to represent county government interests.  FCAT members have been working to identify opportunities for greenhouse gas emissions reductions from projects related to forest management, fuels reduction, biomass, and other forestry-related activities, as well as trying to identify funding sources for those activities. 

Full details on the upcoming public meetings and webcasts can be accessed here.  The FCAT website can be accessed here.

NOFA: $120 Million Affordable Housing and Sustainable Communities (AHSC) Program

Click here

FEMA Grant: FY 2014 Staffing for Adequate Fire and Emergency Response (SAFER)

Click here

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.  Click “Read More” to access information related to the current status of regulations impacting California’s rural counties.  

2015 State Responsibility Area (SRA) Review and Proposed Changes: Evaluates and proposes changes to lands considered State Responsibility Area (SRA).  Agency: CAL FIRE/California Board of Forestry and Fire Protection Status: Board to consider approving the changes on March 4, 2015.  Public meetings to be announced shortly.  Information on the program can be accessed here.  RCRC Comments: Staff is seeking input from member counties.  RCRC Advocate: Staci Heaton sheaton@rcrcnet.org

Endangered and Threatened Wildlife and Plants; Threatened Species Status for West Coast Distinct Population Segment of Fisher: Proposes to list the west coast distinct population of fisher as threatened under the U.S. Endangered Species Act.   Agency: U.S. Fish and Wildlife Service Status: Draft published on October 7, 2014 for a 90-day comment period.  Comment deadline ended on February 4, 2015.  Proposed regulation and related documents can be accessed here.  RCRC Comments: Click here  RCRC Advocate: Staci Heaton sheaton@rcrcnet.org

Grazing Regulatory Action Project (GRAP): Develops a program to enhance the environmental benefits and mitigate water quality impacts of livestock grazing.  Agency: State Water Resources Control Board Status: Board recently completed closed, invitation-only listening sessions with targeted stakeholders, as well as initial public meetings to discuss the project.  Initial draft proposal expected in early 2015.  Information on the program can be accessed here.  RCRC Comments: Staff is seeking input from member counties.  RCRC Advocate: Staci Heaton sheaton@rcrcnet.org