The Barbed Wire - February 20, 2015

RCRC Delivers Wildfire Risk Resolutions to Governor’s Office

Last week, RCRC Officers delivered resolutions passed by 24 member counties to the Governor’s Office outlining the risk of catastrophic wildfires on California’s public lands.  The message delivered from the resolution drive was to urge the Governor to push the U.S. Forest Service to increase forest health and vegetation management projects on federal lands.  RCRC’s Officers also expressed their gratitude to the Governor for his support of the Wildfire Disaster Funding Act (WDFA) last year, and strongly encouraged him to support the new effort this year.  The Governor’s staff and RCRC Officers agreed that devastating wildfires have deep impacts on California’s water quality and quantity, air quality, habitats, communities, carbon sequestration potential, and on climate change. 

RCRC Officers will now carry that message to key members of Congress and the Obama Administration in Washington, D.C. early next week.

Negotiations Continue to Stall in Western Ports Labor Dispute

The International Longshore and Warehouse Union and Pacific Maritime Association continue to dispute over labor contract agreements, even after United States Department of Labor Secretary Thomas Perez met with both sides late this week urging them to reach an agreement.  This comes on the heels of efforts earlier this month by Governor Jerry Brown and a recent press conference held late last week by a group of California Legislators, including Senator Minority Leader Bob Huff (R-Diamond Bar), Assembly Republican Leader Kristin Olsen (R-Modesto), Senator Jim Nielsen (R-Gerber), and Assemblymembers Shannon Grove (R-Bakersfield), Devon Mathis (R-Visalia) and James Gallagher (R-Yuba City).  The legislators used the press conference to urge the parties to reach a quick resolution to labor disputes between dock workers and port operators.  

California’s growing agricultural sector – farmers and ranchers – are expected to be impacted from the labor impasse as the movement of goods coming in and out of Western Ports has drastically slowed.  A significant share of California’s $42.6 billion agricultural industry is produced throughout rural communities across the state, causing growing concerns from farmers and ranchers that ongoing labor disputes may cause severe economic hardship. 

SOR Drinking Water Report Released

The Senate Office of Research (SOR) this week released the first of two installments of a report dealing with drinking water in California.  The report, titled The Water We Drink, Part 1: What is California Doing to Ensure Its Water is Safe, provides background on state and federal regulations associated with drinking water, and other related information.  The second installment will focus on the challenges to provide safe and clean drinking water that is affordable to disadvantaged communities.  The first installment of the report can be accessed here.

RCRC-Sponsored PILT Legislation Introduced

Late last week, Senators Lois Wolk (D-Yolo County) and Jim Nielsen (R-Gerber), along with a bipartisan coalition of 25 co-authors, introduced RCRC-sponsored Senate Bill 234, which would appropriate $19 million to the Department of Fish and Wildlife (DFW) to make past due Payment in Lieu of Taxes (PILT) payments to California counties.  While the Governor’s 2015-16 proposed Budget includes PILT funding for the upcoming year, annual payments haven’t been made in well over a decade.  

Senators Wolk and Nielsen carried Senate Bill 1410 last year to address the arrearages of past due PILT payments and to provide for funding on an ongoing annual basis to the 36 impacted California counties.  The legislation passed the Senate Committee on Natural Resources and Water on a unanimous vote, but was held in the Senate Appropriations Committee.

The text of SB 234 can be accessed here.  RCRC’s press release on the introduction of SB 234 can be accessed here.

Marijuana Legislation Introduced

A number of bills have been introduced in the Legislature concerning marijuana over the past several weeks.  Two weeks ago, Assembly Bill 243 was introduced by Assemblymember Wood (D-Healdsburg) to specifically address environmental enforcement associated with marijuana cultivation.  RCRC will support this bill, and it is expected to move through the legislative process.  Last week, Assemblymember Ken Cooley (D-Rancho Cordova) introduced Assembly Bill 266, a bill which is sponsored by the League of California Cities and the California Police Chief’s Association which is similar to last year’s Senate Bill 1262 (Correa).  The introduction of AB 266 follows Assembly Bill 26, introduced by Assemblymember Jones-Sawyer (D-Los Angeles), and Assembly Bill 34, introduced by Assemblymember Bonta (D-Oakland), both introduced several weeks ago.  All three bills attempt to create a regulatory framework for medical marijuana.  It is expected that AB 26 and AB 34 will be merged together in the coming weeks, but it will appear much like last year’s Assembly Bill 1894 (Ammiano).  RCRC staff has provided both authors with a set of amendments to improve this approach for the benefit of counties.  It is likely many of those suggestions will be incorporated into a revised version of AB 26/AB 34. 

The biggest difference between AB26/AB 34 and AB 266 is the dual licensing scheme – a conditional license would be issued by the State Department of Consumer Affairs, but the operating license issued by the locality in accordance with any adopted rules.  RCRC is in the process of preparing suggested amendments to AB 266 as well.  

While the above-mentioned measures are likely to receive significant attention, there could be a handful of other marijuana-related bills introduced before the February 27, 2015 bill introduction deadline.

In addition to legislation, the Governor’s proposed 2015-16 Budget allots $1.5 million from the General Fund to the State Water Board to create the Marijuana Cultivation Enforcement Team to regulate and enforce waste discharge requirements on marijuana cultivation activities.  These funds could ultimately tie into implementing AB 243 should it become law.

The text of AB 266 can be accessed here.

The text of AB 26 can be accessed here.

The text of AB 34 can be accessed here.

The text of Ab 243 can be accessed here.

CAL FIRE Proposing Changes to SRA – Schedules Public Meetings

The California Department of Forestry and Fire Protection (CAL FIRE) is proposing a number of changes to its current State Responsibility Area (SRA) maps as part of a mandatory five-year review process.  CAL FIRE staff began the review in 2014 to reassess lands in and around the SRA and capture changes in land use, density of areas due to development, and other changes that would merit reclassification of lands either into or out of the SRA.  CAL FIRE has announced public meetings in Redding on February 26, 2015, and San Diego on February 27, 2015, followed by a hearing to approve the changes at the March 4, 2015 Board of Forestry meeting in Sacramento. 

CAL FIRE estimates that the changes will increase SRA lands by a net of 4,729 acres.  Many counties, like Glenn and Colusa, will see a net loss of SRA acres, which will be reclassified as local responsibility areas.  Others, such as Merced and Tehama, will see significant net gains of SRA land after the changes.  This will effectively force owners of an estimated 939 structures to pay the SRA fee beginning in 2015-16.  However, the agency also estimates that 1,353 structures will be removed from SRA, for a net loss in the total number of structure owners being charged the SRA fee.

A full schedule of the public meetings, as well as proposed acreage changes by county and an interactive map, can be accessed here.

MIOCR Grant Request for Proposals Released

The Board of State and Community Corrections’ (BSCC) Executive Steering Committee approved and released the final Request for Proposal for the Mentally Ill Offender Crime Reduction (MIOCR) Grant Program late last Friday afternoon.  The MIOCR Grant Program has approximately $17.1 million available – split evenly between adult and juvenile offenders with mental health needs – to support local recidivism reduction programs through prevention and early intervention, and a variety of support services that will help improve local recidivism reduction outcomes.  Counties interested in applying for these recidivism reduction funds are encouraged to visit the BSCC website, accessed here.  Applications are due Tuesday, April 3, 2015. 

Secretary Foxx Embarks on Multi-State Tour in Support of Highway Funding

With Congress in recess this week, Transportation Secretary Anthony Foxx embarked on a bus tour from Florida to Washington D.C., making appearances along the way to speak about the Obama Administration’s 6-year, $478 billion proposal for surface transportation reauthorization.  The tour comes on the heels of testimony by Secretary Foxx in both the House and Senate earlier this month in support of the proposal.  

FAA Small Drone Regulations

This weekend, the White House issued a Presidential Memorandum on privacy which accompanied a Federal Aviation Administration (FAA) small drone rule released shortly after.  The FAA small drone rule proposes to allow widespread commercial use for the first time, but with restrictions that would block companies like Amazon and Google from deploying huge fleets for package delivery.  The proposed rule would prohibit automated flights, and require drone operators to remain within sight of the aircraft at all times, bar nighttime flights, and flights above 500 feet.  They would also require drone operators to pass a written test on aviation rules.  The rules apply to drones weighing less than 55 lbs. 

The proposed rule includes requirements on oversight and transparency, as well as periodic review of those policies, and directs the Commerce Department and National Telecommunications and Information Administration to create a "a framework for privacy, accountability, and transparency issues concerning the commercial and private use of Unmanned Aircraft Systems (UAS)" within 90 days.  Additional information on the FAA’s Small Drone Rule can be accessed here.  The White House memo can be accessed here.