The Barbed Wire - June 24, 2016

June 24, 2016
RCRC’s 2016 Annual Meeting – REGISTER TODAY!!!
Tree Mortality Numbers Continue to Rise
CAL FIRE Director Testifies for Fire Budget Reform
Federal PILT Payments Issued
KEEPING UP
BULLETIN BOARD
LEGISLATIVE UPDATE
REGULATORY UPDATE

RCRC’s 2016 Annual Meeting – REGISTER TODAY!!!

RCRC’s 2016 Annual Meeting will be held September 28-30 at the Resort at Squaw Creek in Placer County.  This year’s program will feature experts discussing a wide range of topics of interest to rural counties including:

  • An Insider’s Perspective on the U.S. Supreme Court;
  • Implementation of a Medical Marijuana Regulatory Scheme in California;
  • Expert Commentary on the Current Political Landscape; and,
  • Navigating the Foster Care System.

To register for RCRC’s 2016 Annual Meeting or to access the current program, click here.

Tree Mortality Numbers Continue to Rise

On Wednesday, the USDA Forest Service (Forest Service) released its most recent aerial survey numbers revealing that a staggering 26 million additional trees have died in the southern Sierra Nevada due to drought-induced pest infestations since October 2015.  Forest Service officials state that a total of 66 million trees have now succumbed during the unprecedented die-off since 2010, and expect those totals to continue to climb at a rapid pace for the foreseeable future.  Forest Service and the California Department of Forestry and Fire Protection (CAL FIRE) officials expect the high mortality rate to have dire impacts on the State’s wildfire season in 2016, and for several years to come.  

Trees impacted by recent severe drought conditions can take up to four years to recover to their natural moisture levels, during which time the pest infestation will continue to spread throughout the most drought-impacted areas of the state.  While Governor Brown issued an Emergency Proclamation in October 2015 on tree mortality, funding from both the State and federal governments has yet to reach the level where local, State, and federal partners can effectively remove trees that pose an immediate threat while managing the forests for more long-term forest health goals.  On Wednesday, USDA Secretary Tom Vilsack called for Congress to act upon legislation that would end the practice of fire borrowing – taking funds from forest management and other forest health programs for necessary fire suppression efforts – by classifying wildfires as natural disasters eligible for disaster relief funding.

For more information on Forest Service activities on tree mortality, and to read the full press release on the aerial survey, click here.

CAL FIRE Director Testifies for Fire Budget Reform

On Thursday, California Department of Forestry and Fire Protection (CAL FIRE) Director Ken Pimlott testified before the Senate Energy and Natural Resources Committee in support of the Wildfire Budgeting, Response, and Forest Management Act of 2015, the committee’s legislation to revamp wildfire budget mechanisms and streamline forest management projects.  Director Pimlott testified that California’s longer, more dangerous fire season is a result of the exceptional drought and the subsequent 66-million dead trees in the state.  

He detailed the Governor’s emergency actions on dead and dying trees, stressing the need for more funding for the removal and clearing of these hazardous fuels.  Pimlott also expressed CAL FIRE’s support for a reform to wildfire budgeting, the need to streamline the NEPA process to accelerate collaboratively planned forest projects, and the need for federal assistance for state and local fire maps.  Additionally, he expressed the need for quick action as the 2016 fire season has already begun; CAL FIRE has engaged 2,000 fires since January 1, 2016.   

Chief Pimlott’s testimony is the latest in CAL FIRE’s efforts to reduce wildfire risk in California, as the agency has been working throughout 2016 across jurisdictions to mitigate the tree mortality emergency as well as promote and engage in forest health projects.  CAL FIRE has actively engaged with RCRC and RCRC member counties most impacted by the current, unprecedented tree die-off to provide equipment and resources to expedite tree removal projects, as well as to provide grant funding for rural communities where hazard trees pose an immediate threat. 

Federal PILT Payments Issued

Late yesterday, the U.S. Department of the Interior announced distribution of Fiscal Year 2015 Federal Payment In Lieu of Taxes (PILT) payments to counties.  California’s counties are scheduled to receive roughly $47.2 million, which is a slight increase from payments issued in the previous year.  Federal PILT payments support a variety of local government programs and services, including police and fire departments, emergency medical services, and search and rescue operations.  

RCRC and our federal advocates worked throughout the year to secure Federal PILT funding as part of the FY 16 Federal Budget.  RCRC will continue to advocate for an additional authorization of the Federal PILT program for FY 2016 and future years.  County-by-county Federal PILT payment information can be accessed here.

KEEPING UP

California Water Commission Executive Officer Announces Retirement

Paula Landis, California Water Commission (CWC) Executive Officer is retiring at the end of the month after a nearly 30 year career with state and federal agencies focused on water resource issues.  Ms. Landis joined the CWC as its Executive Officer in June of last year and was the primary liaison to the CWC and responsible for the development and implementation of the CWC Water Storage Investment Program among other issues.

Prior to becoming the Executive Officer of the California Water Commission, Ms. Landis was the Chief of the Division of Integrated Water Management for the Department of Water Resources and also served as Chief of DWR’s South Central Region Office, and Chief of the Bureau of Reclamation’s Resources Management Division. 

BULLETIN BOARD

PPIC Releases Report: Managing Water for the Environment and Drought

Click here

USDA Announces New Assistance to Help Rural Utility Customers Conserve Energy, Lower Bills

Click here

DWR Releases Updated Disadvantaged Community Mapping Tool

Click here

2016 Habitat Conservation Fund Application Workshop

Click here

Inyo County Seeks Deputy County Administrator or Senior Deputy County Administrator

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.  

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 Legislature.  Status: Awaits consideration on the Assembly Floor.  RCRC Position: Support

SB 885 (Wolk): Indemnity Agreements.  Senate Bill 885 would eliminate the ability of a public agency to impose indemnity clauses in contract with engineers and architects for upfront legal defense costs against claims related to a project’s design work.  Status: Awaits consideration in the Assembly Judiciary Committee.  RCRC Position: Oppose

SB 987 (McGuire): Taxation of Medical Marijuana.  Senate Bill 987 would impose a statewide excise fee on the sale of medical marijuana.  Status: Failed passage in the Assembly Revenue and Taxation Committee.  RCRC Position: Support

SB 1250 (McGuire): Telecom: Rural Outage Reportings.  Senate Bill 1250 would require telecommunications carriers to report rural 911 outages to state and local public safety agencies.  Status: Awaits consideration in the Assembly Utilities and Commerce Committee.  RCRC Position: Support

AB 587 (Chau): Mobile Homes Fees/Tax Amnesty Program.  Assembly Bill 587 would provide an amnesty program for mobile home owners who face outstanding tax and registration obligations.  Status: 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: Awaits consideration in the Senate Appropriations Committee.  RCRC Position: Support

AB 2149 (Bonilla): Collection of Cash Payments for Medical Marijuana-Related Businesses.  Assembly Bill 2149 would authorize counties and the Board of Equalization to accept cash transactions on behalf of several state agencies charged with regulatory responsibility of medical marijuana.  Status: Awaits consideration in the Senate Governance and Finance Committee.  RCRC Position: Support

AB 2243 (Wood): Medical Cannabis: Cultivation Taxation.  Assembly Bill 2243 would impose state taxes on the cultivation of medical marijuana.  Status: Awaits consideration in the Senate Appropriations Committee.  RCRC Position: Support

AB 2686 (Mullin): All Mail Ballot Elections.  Assembly Bill 2686 would allow counties the option of conducting special elections to fill the vacancy of a State Senate, State Assembly, or Congressional district via all-mail balloting.  Status: Awaits consideration on the Senate Floor.  RCRC Position: Support

AB 2788 (Gatto): Small Cell Wireless Facilities.  Assembly Bill 2788 was a last minute gut and amend that would provide applications for “small cell” wireless telecommunication facilities a ministerial approval process to preempt local authority in the review and permitting process.  RCRC joined a coalition of local government organizations in opposition to the bill earlier this week.  Status:  Due to strong opposition to the measure, Assembly Member Mike Gatto pulled the bill and does not plan to move forward with it this year.  RCRC Position: Oppose

AB 2783 (E. Garcia): Affordable Housing and Sustainable Communities.  Assembly Bill 2783 would amend the guidelines and criteria for the Rural Innovation Project Area component of the Affordable Housing and Sustainable Communities Program to provide the opportunity for more rural communities to compete for these critical funds.  Status: Gained passage in the Senate Transportation, Housing Committee, awaits consideration in the Senate Environmental Quality Committee.  RCRC Position: Support

AB 2501 (Bloom): Housing: Density Bonus.  Assembly Bill 2501 seeks to increase affordable housing through reforms to density law.  Pending amendments will address ongoing concerns we raised regarding a local government’s ability to request additional documentation and reporting as part of the review process of density bonus applications that seek waivers or reductions in development standards.  Status: Awaits final consideration in the Senate Transportation and Housing Committee.  RCRC Position: Intent to Remove Opposition

AB 2406 (Thurmond): Junior Accessory Dwellings.  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:  Awaits final consideration on the Senate Floor.  RCRC Position: Support

AB 1934 (Santiago): Density Bonus.  Assembly Bill 1934 would provide a commercial developer a density bonus for partnering with an affordable housing developer on a mixed-use project who also receives a density bonus.  Recent amendments were made to the bill to address concerns we raised regarding whether affordable housing units would actually materialize.  Status: Awaits consideration in the Senate Transportation and Housing Committee.  RCRC Position: Removed Concerns

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: Awaits consideration in the Assembly Local Government Committee.  RCRC Position: Pending – Seeking Amendments

SB 1029 (Hertzberg): Debt Issuance.  Senate Bill 1029 would require local governments to submit various reporting elements to the California Debt and Investment Advisory Committee for all bond debt that has not been fully repaid or redeemed.  Recent amendments were made to address concerns regarding the data and back reporting requirements.  Status: Gained passage in the Senate and awaits committee assignment in the Assembly.  RCRC Position: Pending – Seeking Amendments

SB 1000 (Leyva): General Plans: Environmental Justice.  Senate Bill 1000 would have required an Environmental Justice element to be added to a county General Plan.  Recent amendments were made to address concerns we raised regarding the requirement of a new element, and instead provides local governments the flexibility to address environmental justice in any element as part of the next revision to the General Plan.  Status: Awaits consideration in the Assembly Local Government Committee.  RCRC Position: Opposition Removed

AB 2438 (Waldron): CEQA: Exemption: Recycled Water Pipelines.  Assembly Bill 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:  Gained passage 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: Opposed

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: Awaits consideration in the Assembly Water, Parks and Wildlife Committee.  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

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.  

2030 Target Scoping Plan Update Concept Paper.  Provides opportunity for public input prior to the release of the Draft 2030 Scoping Plan Update later in 2016.  Offers four high-level concepts for achieving greenhouse gas reductions by 2030 for public review and comment.  Agency: California Air Resources Board Status: Draft available for public comment, comments due July 8, 2016.  Draft proposal and related documents can be accessed here.  RCRC Comments: RCRC is seeking member county input.  RCRC Advocates: Staci Heaton sheaton@rcrcnet.org and Mary Pitto mpitto@rcrcnet.org

Lake and Streambed Alteration Program Fee Increase.  Proposes to increase all fees by 129 percent, as well as establish 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, 2016.  Draft proposal and related documents can be accessed here.  RCRC Comments: Click here RCRC Advocate: Staci Heaton sheaton@rcrcnet.org