The Barbed Wire - May 20, 2016

Federal and State Agencies Prepare for Significant Wildfire Season

U.S. Department of Agriculture Secretary Tom Vilsack, along with U.S. Forest Service Chief Tom Tidwell, met with Forest Service Regional Foresters (Foresters) earlier this week to officially begin preparations for this year’s significant wildfire potential.  The briefing comes as the national wildfire season officially begins, and was held to address a variety of issues including the unprecedented tree die-off in California and the resulting increased wildfire risk across the state.  

Secretary Vilsack also reminded the group that he will not be authorizing transfers from restoration and resilience funding this fire season, a practice known as “fire borrowing,” renewing a commitment he made to Congress and a group of California stakeholders, including RCRC, late last year.  Instead, he directed Foresters to continue using funds as they were intended, including for forest restoration and management work. 

Meanwhile, California Department of Forestry and Fire Protection (CAL FIRE) Chief Ken Pimlott is also in DC this week raising awareness of California’s looming wildfire season on the heels of CAL FIRE’s Wildfire Awareness Week campaign.  On Wednesday, Chief Pimlott took part in the White House Wildfire in the Wildland Urban Interface Roundtable, which was held to address the important issue of mitigating wildfires in the Wildland Urban Interface where citizens are at high risk.  

Senate Budget Subcommittee Rejects Jail Construction Funding

On Thursday, the Senate Budget and Fiscal Review Subcommittee on Health and Human Services voted in support of the Subcommittee on Corrections, Public Safety and the Judiciary’s recent action to reject the Governor’s jail construction funding proposal.  

The Governor’s jail construction funding proposal as outlined in both the January 2016-17 proposed Budget and May Revision includes $250 million in General Fund monies for counties that have applied for previous jail construction funding programs and have either not received an award or only received a partial award.  However, the Senate Subcommittees have endorsed an alternative proposal, which calls for roughly $110 million to fund a variety of health and human services programs.  RCRC will continue our advocacy efforts in support of the $250 million as proposed by the Governor. 

Hospital Quality Assurance Fee Extension Moves Through Budget Subcommittee

This week, Senate Budget Subcommittee #3 on Health and Human Services adopted trailer bill language to extend the sunset date of the hospital Quality Assurance Fee (QAF) to January 1, 2018.  The existing QAF is estimated to provide approximately $800 million annually in General Fund savings, and sunsets on January 1, 2017. 

The QAF was created in 2009 requiring certain California hospitals to pay a fee to help the State draw-down available federal Medicaid funds.  Since its inception, the fee has generated nearly $2 billion annually in additional federal funding payments to California hospitals. 

In March, the RCRC Board of Directors adopted a support position on the Medi-Cal Funding and Accountability Act which would address a number of issues with the QAF and help to preserve funding for a variety of healthcare services, including services provided in rural areas.  As of now, the Assembly has not heard or taken action on the QAF.

Proposed Short-Lived Climate Pollutant Reduction Strategy Hearing

This week, the Air Resources Board (ARB) held a hearing on the Proposed Short-Lived Climate Pollutant (SLCP) Reduction Strategy (Draft Strategy).  SLCPs include black carbon, methane, and fluorinated gases.  The relative potency of how they heat the atmosphere is many times greater than carbon dioxide, and has a stronger impact in the near term.  Therefore, reducing these emissions can have an immediate impact on climate change.   The First Update to the Climate Change Scoping Plan recommended ARB develop the Proposed Strategy, and Senate Bill 605 (Lara; 2014) requires ARB, in coordination with other state agencies and local air districts, to develop a strategy to reduce SLCP emissions.   

RCRC staff attended the hearing and focused comments on the methane recommendations, specifically dealing with the organics diversion from landfills.  Assembly Bill 1826 (Chesbro; 2014) already mandates the diversion of organics from landfills that will be phased-in to provide time to construct the extra infrastructure necessary to process the diverted organics, with a goal of 50 percent diversion by 2020.  Implementation began in April 2016 for those businesses generating the most organic waste (4 cubic yards of commercial solid waste per week), and will add more businesses in 2017 that generate smaller amounts of organic waste (2 cubic yards of commercial solid waste per week), and then in 2019 will add more businesses with even smaller amounts of organic waste (1 cubic yard of commercial solid waste per week). 

The Proposed Strategy has recommended a 90 percent organics diversion goal by 2025, which is basically a ban of organics in landfills.  RCRC staff is part of a coalition, including public and private sector solid waste industry representatives, that has been trying to educate ARB staff and the ARB Board that this is unachievable.  CalRecycle has indicated that in order to reach a 50 percent diversion goal, it will necessitate an additional 100 new or expanded anaerobic digestion and composting facilities to process the additional organics being diverted.  RCRC staff and the coalition testified that trying to reach 90 percent by 2025 is simply unachievable given the financing, permitting, and marketing challenges. 

While the Board directed the ARB staff to further investigate RCRC concerns, most Board members expressed their opinion that the 90 percent organic diversion goal was necessary to meet the ultimate Assembly Bill 32 greenhouse gas reduction goal.  The coalition will continue to work with ARB staff in the months to come before the final Strategy is released for adoption. 

California Water Commission Approves Groundwater Sustainability Plan Regulations

This week, the California Water Commission (CWC) unanimously approved the emergency regulations that will guide the Local Groundwater Sustainability Plans (GSP) as required under the Sustainable Groundwater Management Act of 2014 (SGMA).  

Department of Water Resources (DWR) staff worked openly and collaboratively with the RCRC/CSAC SGMA Working Group and other SGMA Advisory Groups over the last year to meet the June 1, 2016 deadline to establish the emergency regulations for evaluating GSPs that were adopted this week by the CWC.  Virtually all public comment, as well as that expressed by the CWC during the two hours the item was discussed, entailed the appreciation for the openness and diligence of the DWR staff for their efforts in developing these regulations.

Under the SGMA, by June 30, 2017, a local agency/agencies in each high or medium priority groundwater basin must have officially formed one or more Groundwater Sustainability Agencies (GSA) for the entire basin.  By January 31, 2020, each high or medium priority groundwater basin that is subject to critical conditions of overdraft must be managed under a Groundwater Sustainability Plan (GSP), and by January 31, 2022 all remaining high or medium priority groundwater basins must be managed under a GSP with a final review by the Department of Water Resources (DWR) by January 31, 2024.

The emergency regulations, accessed here, will go to the Office of Administrative Law for final review and will go into effect June 2016.  Additional information about groundwater may be accessed here.

2016 Clean Water State Revolving Fund Intended Use Plan Open for Comments

The State Water Resources Control Board (State Water Board) will consider adopting the 2016 Fiscal Year Intended Use Plan (IUP) for the Clean Water State Revolving Fund (CWSRF) Program and revised final guidelines for the implementation of Proposition 1, under the Small Community Grant Fund Program at the June 21, 2016 Board Meeting. 

The State Water Board will accept both written and oral comments on the proposed 2016 IUP.  The Draft 2016 IUP and comment submission instructions can be accessed here.

Water Resources Legislation Advances in House and Senate

The House Transportation and Infrastructure Committee conducted a hearing this week on 28 Corps of Engineers projects ready for authorization, including flood control and beach restoration projects in California.  The hearing precedes the introduction of the Water Resources Development Act (WRDA), which is expected before the end of May.  

The Senate Environment and Public Works Committee has already approved its version of the legislation (S. 2848), including numerous provisions to test and improve drinking water infrastructure in the wake of the Flint, Michigan water crisis.  While the Senate bill includes provisions that would direct federal resources toward small and disadvantaged communities, the House bill is not expected to include similar measures, because unlike the Senate committee, the House committee does not have jurisdiction over drinking water.  Both houses of Congress intend to pass their respective versions of WRDA in June or early July 2016 in order to give the bills the best chance of being enacted during this session of Congress.

Senate Committee Considers Drought Bills; Garamendi Introduces Drought Bill in House

The Senate Energy and Natural Resources Subcommittee on Water and Power received testimony this week on western drought legislation.  The subcommittee examined five pieces of legislation, including S. 2533 authored by Senator Feinstein and S. 2902 authored by Senator Jeff Flake (R-AZ).  

Senator Feinstein’s testimony before the subcommittee focused on two general themes: 1) the persistent nature of exceptional drought in California and other parts of the western United States demands federal action and; 2) many of S. 2533’s provisions apply not only to California, but to all 17 Reclamation states, and Alaska and Hawaii.  To emphasize the latter, Senator Feinstein defended the bill’s provisions on water supply, water reuse, and water efficiency that would apply to the entire west.  These water bills are expected to be combined into a west-wide drought relief bill to be considered by the committee later this spring.

Meanwhile, Rep. John Garamendi (D-CA) has introduced H.R. 5247, a companion bill to Senator Feinstein’s S. 2533.  The bill is cosponsored by three other California Democrats.  The House will likely remain focused on H.R. 2898, authored by Representative Valadao (R–CA ), adopted last year with strong Republican support for easing environmental restrictions on pumping and water delivery.  Many of those provisions were included in the House version of the Energy and Water Development Appropriation in an attempt to force negotiations on a must-pass spending measure rather than relying on the Senate to pass a drought relief bill.

BULLETIN BOARD

NOFA: 2016 Community Development Block Grant Program

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.  

Senate and Assembly Appropriation Committees to Address Suspense File on May 27th

The Senate and Assembly Appropriations Committees will each respectively address the Suspense File on Friday, May 27, 2016.  All Senate and Assembly bill that have an estimated cost of $50,000 or higher to the State’s General Fund or $150,000 for special funds are placed on the committees suspense file.  The Appropriation Committees of each house addresses the Suspense File after much of the year’s tax receipts have come-in, and the Governor has released the May Revise of the proposed State Budget.

AB 1749 (Mathis): CEQA: Exemption: Recycled Water Pipeline.  Assembly Bill 1749 would extend the exemption, until January 1, 2019, from CEQA requirements on projects consisting of the construction or expansion of recycled water pipeline and directly related infrastructure within existing rights of way, and directly related groundwater replenishment under specified conditions and undertaken for the purpose of mitigating drought conditions for which a state of emergency was proclaimed by the Governor. Status: Gained passage in the Assembly Appropriations Committee.  RCRC Position: Support

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:  Gained passage in the Assembly, awaits committee assignment in the Senate.  RCRC Position:  Support

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 on the Assembly Floor.   RCRC Position: Support

AB 2501 (Bloom): Housing: Density Bonus.  Assembly Bill 2501 seeks to increase affordable housing through reforms to density law and the review period to process a density bonus application.  Status: Awaits consideration on the Assembly Floor.  RCRC Position: Oppose

AB 2545 (Bonta): Medical Marijuana: Tribal Activities.  Assembly Bill 2545 would authorize the State of California to enter into agreements with Native American tribes that seek to engage in commercial cannabis activities.  Recent amendments would require those agreement to follow the same local and state licensure requirements as outlined in the recently-enacted medical marijuana regulatory framework.  Status: Awaits final consideration in the Assembly Appropriations Committee.  RCRC Position: Pending

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: Placed on the Assembly Appropriations Committee Suspense File.  RCRC Position: Support

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

AB 2781 (Garcia): Supplemental Environmental Projects.  Assembly Bill 2781 would direct 10 percent 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.  Status: Placed on the Assembly Appropriations Committee Suspense File.  RCRC Position: Oppose Unless Amended

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 Assembly Appropriations Committee, 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 on the Senate Floor.  RCRC Position: Oppose

SB 957 (Hueso): Health Care Districts: Design-Build.  Senate Bill 957 which would authorize all 78 of California’s healthcare districts to utilize the design-build process for the construction of hospitals or health facility buildings.  Status: Awaits consideration in the Assembly Local Government Committee.  RCRC Position: Support

SB 995 (Pavley): Well Standards.  Senate Bill 995 would require the Department of Water Resources (DWR) to update well standards for certain types of wells based on existing knowledge.  SB 995 would also require the DWR to establish an advisory panel to identify critical gaps in existing knowledge about the best practices for well construction, alteration, maintenance, and destruction for these wells.  Status: Placed on the Senate Appropriations Committee Suspense File.  RCRC Position: Support if Amended

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: Gained passage in the Senate, awaits committee assignment in the Assembly.  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.  SB 1170 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 Senate Appropriations Committee.  RCRC Position: Oppose

SB 1188 (McGuire): Wildlife Management Areas: Payment of Taxes and Assessments.  Senate Bill 1188 would return the ‘may’ back to ‘shall’ in Fish and Game Code Section 1504 making future PILT payments required rather than permissive.  Status: Placed on the Senate Appropriations Committee Suspense File.  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: Sent to Senate Floor under provisions of SR 28.8.  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.  

Resource Management Planning.  Amends existing regulations that establish the procedures used to prepare, revise, or amend land use plans pursuant to the Federal Land Policy and Management Act.  Agency: U.S. Bureau of Land Management Status: Draft released for public review, comment deadline extended to May 25, 2016.  Proposed regulatory language and related documents can be accessed here.  RCRC Comments: RCRC’s letter requesting an extension of the comment deadline can be accessed here.  RCRC Advocate: Staci Heaton sheaton@rcrcnet.org

Short-Lived Climate Pollutant Reduction Strategy. Mandated by Senate Bill 605 (Lara), establishes strategies to reduce emissions from short-lived climate pollutants such as black carbon and methane.  Agency: California Air Resources Board Status: Second draft published for public comment, comment period ends May 26, 2016.  Workshop scheduled in Sacramento on April 26, 2016, Board hearing on May 19, 2016.  Draft Strategy and related documents can be accessed here.  RCRC Comments: RCRC staff is seeking member county input.  RCRC Advocate: Staci Heaton sheaton@rcrcnet.org

Lake and Streambed Alteration Program Fee Increase.  Proposes to increase all fees by 129 percent, 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 ends June 13, 2016.  Public hearing scheduled in Sacramento on June 13,2016.  Draft proposal and related documents can be accessed here.  RCRC Comments: RCRC staff is seeking member county input.  RCRC Advocate: Staci Heaton sheaton@rcrcnet.org