The Barbed Wire - June 17, 2016

2016-17 State Budget Adopted

Earlier this week, the California Legislature approved the 2016-17 State Budget (Senate Bill 826) and a number of budget trailer bills that assist in implementing the State Budget.  It should be noted that the State Budget Package remains incomplete – there are a handful of remaining budget trailer bills pertaining to natural resources, transportation, the “No Place Like Home Initiative”, and the “By Right” affordable housing plan.  Furthermore, yet to be finalized and considered by the Legislature is a final spending plan for Cap-and-Trade proceeds and a ‘fix’ to our state’s beverage container recycling program.  Over the next several days and weeks, further State Budget items will be considered and adopted.  

Key Issues/Changes for RCRC Member Counties

The 2016-17 State Budget as approved over the past two days:

• Provides $644,000 for the State’s Payment in Lieu of Taxes program for 2016-17;
• Provides funds for tree mortality mitigation activities, including grants to counties and other local entities;
• Allocates continued modest funding for state fairs;
• Maintains State Responsibility Area fees as a source of funding for resource-related programs;
• Includes $270 million for local jail construction; and,
• Provides funding to commence a variety of medical marijuana regulatory functions.

The Legislature is set to reconvene on Monday, June 20th, and it likely that further portions of the State Budget Package will be adopted early next week.  The Legislature and the Governor have until July 1st in order to meet the State Constitutional deadline to enact a state spending plan.  RCRC staff will send out additional information on the State Budget Package as it becomes available.  

Comment Deadline Extended on Cal WaterFix

The Department of Water Resources (DWR) and Bureau of Reclamation (Bureau) recently submitted testimony to the State Water Resources Control Board (State Water Board) as required for Part I of the upcoming public hearings on a request to add three new points of diversion to the State Water Project, with coordinated operations for the Central Valley Project, for California WaterFix.  

A number of petitioners submitted letters to the State Water Board requesting an extension to submit procedural or evidentiary objections to the testimony submitted by DWR and the Bureau.  The State Water Board granted a 27 day extension carrying the deadline out from June 15, 2016 to July 12, 2016.  Detailed information can be accessed here.

Board of Forestry Eschews SRA Fee Increase

On Wednesday, the California Board of Forestry and Fire Protection decided against considering an increase of the annual fire prevention fee paid by California residents living in the designated State Responsibility Area for fire prevention and suppression, also known as the SRA fee.  After a report from Acting Executive Officer Matt Dias on the condition of the fund, Board members decided that revenues continue to be robust enough to avoid a fee increase for the 2016-17 fiscal year.  

The SRA fee, established as part of the 2011-12 State Budget Package, requires owners of habitable structures in the SRA to pay an annual fee to fund State fire prevention services in the SRA.  The Board is required to review the fee annually and make adjustments if necessary, with the current fee rate assessed at $152.33 annually.  RCRC has opposed the SRA since its imposition on the grounds that residents outside of the SRA benefit from State fire prevention and firefighting efforts; however, in recent months the California Department of Forestry and Fire Protection have been issuing grants from the SRA Fund to local entities for fire prevention efforts that include tree mortality mitigation and other vital activities.

More information on the SRA fee can be found on the Board of Forestry website here.

Interior and Environment Appropriations Begins to Move

The Congressional Appropriations process continues to move forward this week in Washington.  The House and Senate Appropriations Committees passed their FY2017 Interior and Environment spending bills, which funds the Department of the Interior, the Environmental Protection Agency, and the U.S. Forest Service.  The House and Senate measures include full funding for Federal Payment In Lieu of Taxes (PILT) payments to counties at $480 million.  This level of funding represents a slight change in policy for the Senate as last year the Senate Appropriations Committee chose not to fund Federal PILT in the Senate bill, though funding was ultimately included in the year-end spending agreement negotiated with the President.  

The FY2017 Interior and Environment bills also include the perennial policy rider that bans the EPA from implementing the Clean Water Rule.  As in years past, however, the controversial language is anticipated to be negotiated out of any final spending agreement with the President.  The rule is currently stayed by the 6th Circuit Court and will likely remain unchanged through the end of the year as the court has set a September deadline for briefs and motions related to the case.  Also, included under the EPA section of the bills is the inclusion of additional funds for the Clean Water State Revolving Loan Fund and the Drinking Water Revolving Loan Fund which helps communities fund water infrastructure projects.  The Senate bill would fund the programs at a combined $2.37 billion, an increase from last year’s funding of $113 million. The House bill proposes to fund the programs at $2.1 billion with additional funds only included for drinking water projects.

The U.S. Forest Service would continue levels close to current funding under the competing proposals.  The House would fund fire suppression at 100% of anticipated costs while the Senate would fund the suppression accounts at about 115%.  Interestingly, the Senate bill includes language to allow the Forest Service access to disaster funds for suppression needs but only after fully expending appropriated funds, a policy which has been advocated by RCRC and would prevent “fire borrowing.”  Giving the agency access to emergency funds for unanticipated suppression needs allows the agency to keep forest restoration and hazardous fuels reduction accounts whole so the work to prevent wildfires can be completed.

Possible floor consideration for either bill is uncertain at this time.

Telecom Bill Sidelines Land Use Authority

Earlier this week, Assembly Member Mike Gatto (D-Los Angeles) gutted and amended his Assembly Bill 2788 to provide a ministerial approval process for “small cell” wireless antennas and associated equipment while also mandating that the infrastructure be permitted throughout all zones and eliminating the requirement that proposals be subject to public review.  

While RCRC is a strong advocate for the deployment and expansion of new telecommunication technologies, AB 2788 represents a major land use power grab by telcos to circumvent the very critical role of local governments in reviewing the installation of telecommunications infrastructure.  AB 2788 would also eliminate any authority a local government has to ensure that the technology fits within the aesthetics of a community, which is critically important in rural areas that often have historic downtowns and historic preservation sites that rely on tourism as a key driver of economic development.  RCRC joined a coalition of local government organizations, including the California State Association of Counties, Urban Counties of California, League of California Cities, and the American Planning Association’s California Chapter and issued an opposition letter to the measure.  The bill is scheduled to be heard in the Senate Energy, Utilities and Communications Committee next week on Tuesday, June 21, and the Senate Governance and Finance Committee the following week on Wednesday, June 29.  The coalition opposition letter is available here.

BULLETIN BOARD

Community Connect Grant Program

Click here

Agriculture and Food Research Initiative: Water for Agriculture Challenge Area

Click here

Del Norte County Seeks Director of Health & Human Services 

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

AB 587 (Chau) Mobilehomes Fees/Tax Amnesty Program:  Assembly Bill 587 would provide an amnesty program for mobilehome owners who face outstanding tax and registration obligations.  Status:  AB 587 awaits consideration in the Senate Judiciary Committee.  RCRC Position:  Oppose Unless Amended

AB 1549 (Wood) State Highway Rights-of-Way: Fiber Optic:  Assembly Bill 1549 requires the California Department of Transportation to maintain an inventory of broadband conduits that house fiber-optic communications located on state highway rights-of-way.  The bill also requires that fiber optic conduit be installed during a major reconstruction of a state right-of-way.  Status:  AB 1549 recently gained passage in the Senate Transportation and Housing Committee.  RCRC Position:  Support

AB 2406 (Thurmond) Junior Accessory Dwelling Units:  Assembly Bill 2406 would provide local governments the option to adopt an ordinance regarding the development of Junior Accessory Dwelling Units in single-family residential zones.  Status:  AB 2406 awaits final action on the Senate Floor.  RCRC Position:  Support

AB 2438 (Waldron): CEQA: Exemption: Recycled Water Pipelines.  AB 2438 would, until January 1, 2020, exempt from CEQA a project for the construction and installation of a new pipeline or the maintenance, repair, restoration, reconditioning, relocation, replacement, removal, or demolition of an existing pipeline, not exceeding 8 miles in length, for the distribution of recycled water within a public street, highway, or right-of-way.  Status:  Awaits consideration in the Senate Environmental Quality Committee.  RCRC Position: Support

AB 2678 (Gray): State-designated fairs: funding.  Assembly Bill 2678 would dedicate the State portion of the sales and use tax collected from transactions at fairgrounds except for Los Angeles to support small - and medium-sized fairs.  Status:  Awaits consideration in the Senate Governance and Finance Committee.  RCRC Position: Support

AB 2781 (Garcia): Supplemental Environmental Projects.  Assembly Bill 2781 would direct 10% of all penalties collected by California Environmental Protection Agency boards, departments, and offices to fund environmental projects in disadvantaged communities using Section 39711 of the Health and Safety Code for the definition (CalEnviro Screen) of a disadvantaged community (DAC).  Status:  Awaits consideration in the Senate Environmental Quality Committee. RCRC Position: Oppose

SB 1069 (Wieckowski) Land Use: Zoning. Senate Bill 1069 seeks to encourage the development of more affordable housing through various reforms to a local government’s planning requirements and zoning regulations.  Status: SB 1069 gained passage in the Assembly Housing and Community Development Committee and awaits consideration in the Assembly Local Government Committee.  RCRC Position: Pending – Seeking Amendments

SB 1170 (Wieckowski): Public contracts: water pollution prevention plans: delegation.  Senate Bill 1170 would prohibit a public entity, charter city, or charter county from delegating to a contractor the development of a plan, as defined, used to prevent or reduce water pollution or runoff on a public works contract, except as provided. The bill would also prohibit a public entity, charter city, or charter county from requiring a contractor on a public works contract that includes compliance with a plan to assume responsibility for the completeness and accuracy of a plan developed by that entity.  Status: Awaits consideration in the Assembly Local Government Committee. RCRC Position: Oppose

SB 1188 (McGuire): Wildlife management areas: payment of taxes and assessments.  Senate Bill 1188 will return the ‘may’ back to ‘shall’ in Fish and Game Code Section 1504 making future PILT payments required rather than permissive.  Status: Gained passage in the Senate.   RCRC Position: Support

SB 1317 (Wolk): Conditional use permit: groundwater extraction facility. Senate Bill 1317 would require a city or county overlying a basin designated as a high or medium priority basin to establish a process for the issuance of conditional use permits for the development of a groundwater extraction facility in order to prevent that facility from contributing to or creating an undesirable result.  Status: Awaits consideration in the Assembly Water, Parks and Wildlife Committee.  RCRC Position: Oppose

SB 1396 (Wolk): Inner Coast Range Conservancy.  Senate Bill 1396 would establish the Inner Coast Range Program within the Wildlife Conservation Board.  The Inner Coast Range region as defined in the legislation includes all or part of the following counties: Colusa, Del Norte, Glenn, Humboldt, Lake, Mendocino, Napa, Shasta, Siskiyou, Solano, Tehama, Trinity and Yolo.  Status: Awaits consideration in the Assembly Water, Parks and Wildlife Committee.  RCRC Position: Oppose

SCA 14 (Wolk) Legislative Procedure:  Senate Constitutional Amendment 14 would require that legislation be in-print and available for public inspection for at least 72 hours preceding a vote in the second house of the Legislature.  Status:  SCA gained passage in the Senate and awaits consideration in the Assembly Appropriations Committee.  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.  Click “Read More” to access information related to the current status of regulations impacting California’s rural counties.  

Lake and Streambed Alteration Program Fee Increase:  Proposes to increase all fees by 129 per cent, as well as establishing a fee for remediation of marijuana cultivation sites.  Agency: California Department of Fish and Wildlife Status: Draft available for public comment, comment period extended to June 29, 2016.  Public hearing scheduled in Sacramento on June 13.  Draft proposal and related documents can be accessed here. RCRC Comments: RCRC’s comment letter can be accessed here. RCRC Advocate: Staci Heaton sheaton@rcrcnet.org