The Barbed Wire - May 22, 2015

ACTION ALERT: Input Requested on Drought/Water Related Budget Trailer Bills

This week, the Department of Finance released proposed Budget trailer bill language on nine drought/water related issues which are denoted with an asterisk in the list below.  RCRC staff is urgently requesting member counties input on the various trailer bill proposals.  In the aftermath of the release of the Governor’s May Revision, Senate and Assembly Budget Subcommittees met this week to consider both open items and the Governor’s new proposals contained in the May Revision, including the drought/water related trailer bills.  Given the timing of the unveiling of the drought/water related proposals, it appears the fate of most will be determined in the Joint Budget Conference Committee.  The final Budget Bill deadline is midnight June 15, 2015.  Please send comments regarding any of the budget trailer bills to Kathy Mannion at kmannion@rcrcnet.org.  The Budget trailer bills can be accessed here.  The following is a list of all water related Budget trailer bills:

807         State Water Board Drinking Water Program Fees

813         Public Well Logs

820         Drought Expanded Local Enforcement Authority*

823         Drought Penalties*

824         Drought Monitoring and Reporting*

825         Drought Water System Consolidation*

826         Drought Submetering*

827         CEQA Exemption for Groundwater Wells*

830         Drought Stormwater Plans*

831         CEQA Exemption for Drought Mitigation*

832         CEQA Exemption for Water Recycling*

State Water Resources Control Board Approves $19 Million for Drought-Related Projects

This week the State Water Resources Control Board approved guidelines for $19 million in funding to help public agencies, community water systems, not-for-profit organizations, and others meet emergency drinking water needs.  The State Water Resources Control Board Resolution can be accessed here.  Additional information on the emergency drinking water program can be accessed here.

State Launches SGMA Website

The State has launched a website for news and information on implementation of the Sustainable Groundwater Management Act (SGMA).  The new SGMA website can be accessed here.  The SGMA empowers local agencies to adopt groundwater management plans that are tailored to the resources and needs of their communities.  The website’s SGMA Toolbox provides direct links to guidance for the formation of Groundwater Sustainability Agencies and development of Groundwater Sustainability Plans.  

OAL Approves Emergency Conservation Regulation

On Monday, the Office of Administrative Law (OAL) approved the State Water Resource Control Board’s emergency conservation regulation to achieve the 25 percent statewide potable water usage reduction ordered by Governor Brown in his April 1, 2015 Executive Order.  Detailed information on the emergency regulation can be accessed here.

Water Storage Recommendations

The Association of California Water Agencies (ACWA) briefed the California Water Commission (CWC) at its May 20, 2015 meeting on ACWA’s recommendations and vision for water storage in California.  Proposition 1 included $2.7 billion designated for the public benefits of water storage.  The report, 21st Century Water Storage: Recommendations for California’s Future can be accessed here.  ACWA identified five components that are necessary to achieve this vision for the future: additional surface storage to capture and manage more variable hydrology; increased utilization of groundwater storage, including through conjunctive use and banking; enhanced operational flexibility and integration of infrastructure; effective implementation of Integrated Regional Water Management (IRWM); and, new and more flexible regulatory approaches. 

ACWA also articulated specific recommendations for the CWC as it implements Chapter 8 of Proposition 1.  Those recommendations include:

1. Ensuring that the CWC actions fully implement Chapter 8.
2. Recognizing that storage needs and opportunities are diverse in scale, location and function.
3. Allocating Chapter 8 funds wisely by leveraging dollars and cost shares and funding CALFED and other non-CALFED projects.
4. Encouraging Integration.
5. Preserving the CWC’s authority and discretion over Chapter 8 funds.

RCRC Submits Water Right Curtailment Comments

This week RCRC submitted comments to the State Water Resources Control Board (State Water Board) on the topic of water right curtailments.  The State Water Board held a public workshop on May 20, 2015 to receive input on their drought activities in the Bay-Delta.  Other topics discussed at the workshop included the Temporary Urgency Change Petition (TUCP) to modify Bay-Delta requirements, and the Temporary Emergency Drought Barrier. 

RCRC’s comments included support for the State Water Board’s commitment to the water right priority system and to making curtailment decisions based on water right priorities and water availability.  RCRC also urged that the supporting documentation and data being used to make determinations on water availability relative to water right priority be made available for public review in the name of transparency.  RCRC’s comment letter can be accessed here.

Caltrans Releases Draft ITSP for Comment

The California Department of Transportation recently announced the release of the Draft Interregional Transportation Strategic Plan (ITSP) for comments and recommendations.  The ITSP is the State’s strategic plan to help guide investments in the interregional transportation system, and identifies the State’s priority interregional corridors.  RCRC staff is reviewing the ITSP and will be submitting comments in the following weeks.  The Draft ITSP can be accessed here. 

Senate EPW Committee Holds Hearing on Waters of the US Language

On Tuesday, the Senate Environment and Public Works Committee held a hearing on “The Federal Water Quality Protection Act” (S 1140).  This bill, cosponsored by both Republicans and Democrats, would require the Environmental Protection Agency (EPA) and the Army Corps of Engineers to redraft the current proposed rule regarding Waters of the U.S.  During the hearing, Republicans on the Committee argued that the rule represents a vast expansion of federal Clean Water Act jurisdiction, would have major economic implications, and was promulgated without proper consultation with state and local officials.  Additionally, Republicans discussed the issues that were raised in a New York Times article this past weekend that EPA may have lobbied Congress regarding the rule, which federal agencies are not allowed to do.  While the rule is still being considered at the Office of Management and Budget, it could be finalized and released any day.  

Integrated Rangeland Fire Management Strategy Released

This week, U.S. Department of Interior (DOI) Secretary Sally Jewell released the final Integrated Rangeland Fire Management Strategy for the Great Basin region, which includes California, and is principally managed by the Bureau of Land Management (BLM).  The focus of this strategy is on the sagebrush-steppe ecosystems of this region, and the strategy contains several key principles, including working on a landscape-scale and promoting the “All Hands, All Lands” approach to management, which involves working across public-private lands and different agency boundaries.  Key fire prevention, suppression, and restoration points included focused on managing vegetation to reduce fire risk, and targeting suppression activities to protect remaining priority habitat for certain species.  The full report can be accessed here.  

Federal Highway Trust Fund on Fumes

Earlier this week, the House of Representatives voted to pass H.R. 2353, known as the Highway and Transportation Funding Act of 2015, sponsored by Representatives Bill Shuster (R-Pennsylvania), and Paul Ryan (R-Wisconsin), to provide a temporary extension to the Highway Trust Fund (HTF).  Senate leadership has stated they will take action to pass the measure before they depart for Memorial Day Recess and the President is expected to sign the bill to avoid a shutdown of the federal surface transportation program. 

U.S. Department of Transportation Secretary Anthony Foxx recently reported that the HTF is scheduled to become insolvent by the end of July/early August, but would be unable to use any available funding past the current May 31, 2015 expiration date unless Congress authorized the use the funds.  H.R. 2353 authorizes spending of existing HTF funding beyond the current expiration date through the end of July.  Just to be clear, H.R. 2353 does not provide any new transportation revenues.  Secretary Foxx has stated that if Congress fails to provide the HTF with additional revenues, the Department would be forced to implement cash management procedures to scale back the frequency and amount of reimbursements to states and local governments.  Since H.R. 2353 does not provide additional revenues into the system, RCRC anticipates that, absent Congressional action to extend the program, as we approach the July expiration date the Department will again be considering how to address state and local reimbursements.

RCRC continues our federal advocacy efforts urging Congress to provide a long-term reauthorization of the federal HTF and surface transportation program, and we continue to advocate for dedicated funding for locally-owned on-system bridges and high-risk rural roads funding.

If counties have any questions or concerns with the draft document, please contact RCRC Legislative Analyst Randall Echevarria at 916.447.4806 or rechevarria@rcrcnet.org.

Federal Agencies Propose First Action to Modify ESA Listing Process

The U.S. Fish and Wildlife Service (USFWS) and National Oceanic and Atmospheric Administration (NOAA) are proposing a series of actions to improve the effectiveness of the Endangered Species Act (ESA) while fostering greater engagement of stakeholders and improving transparency.  The first of these actions is a newly proposed rule that would require any petition to list a species to include information from relevant state wildlife agencies before it can be considered by either the USFWS or NOAA. 

The Administration has come under fire in recent years for how the ESA is being implemented, with several bills introduced to streamline the listing process and improve transparency while involving stakeholders in a more meaningful way.  Recent decisions and changes to federal rules on critical habitat designations will have long-term impacts on county planning processes, despite inadequate scientific bases and insufficient public outreach in many of the decisions.  The USFWS and NOAA have responded to the criticism with a plan to unveil a number of proposals over the next year to achieve four goals: Improving science and transparency, incentivizing voluntary conservation efforts, focusing resources to achieve more successes, and engaging the states.  Comments on the initial rule are due on July 20, 2015.

The joint USFWS and NOAA press release and the proposed rule can be accessed here.  The Federal Register notice can be accessed here.

California Natural Resources Agency Releases River Parkway Grant Guidelines

The California Natural Resources Agency recently released the guidelines and solicitation notice for the River Parkways funding.  The Natural Resources Agency will be awarding approximately $7.6 million for the acquisition, restoration, protection, and development of river parkways.  Eligible entities for the funding include counties, cities, state agencies, and non-profits.  Detailed information regarding the guidelines, application, and technical workshops can be accessed here.

SWEEP Workshops Scheduled, Ag Grant Applications Now Being Accepted

The California Department of Food and Agriculture (CDFA) is accepting applications for the State Water Efficiency and Enhancement Program (SWEEP), authorized by emergency drought legislation (Assembly Bill 91).  An estimated $10 million will be available for competitive grant funding to provide financial assistance to implement irrigation systems that reduce greenhouse gases and save water on California agricultural operations. The funding is made available through the Greenhouse Gas Reduction Fund, the proceeds of California’s greenhouse gas Cap-and-Trade program.

 Agricultural operations can apply for funding up to $150,000 per project.  The funding can be supported by a broad range and/or combination of irrigation and water distribution-related practices that provide quantifiable water savings and greenhouse gas reductions.  Detailed information on SWEEP can be accessed here.

Hydrologic Region Groundwater Update Webinars Scheduled

The Department of Water Resources (DWR) announced a series of webinar briefings on the Hydrologic Region Groundwater Updates.  The Updates, prepared in conjunction with the Water Plan Update 2013, and as part of California’s Groundwater Update 2013, provide more in depth information on local conditions.  Each webinar will feature different regions.  Detailed information on the webinars can be accessed here.

Department of Fish and Wildlife to Hold Public Meetings to Discuss Draft SWAP

The Department of Fish and Wildlife announced a series of public meetings to discuss the 2015 update to the California State Wildlife Action Plan (SWAP).  The meetings will be held in Sacramento, Oakland, San Diego, and Los Angeles.  The draft SWAP 2015, out for a 45-day comment period, and detailed information on the public meetings, can be accessed here.  The final SWAP is scheduled to be completed October 2015.

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. 

May 15, 2015 marked the Legislative Deadline for all Non-Fiscal Bills to pass out of their policy committees.  326 Non-Fiscal Bills didn't make it out of their policy committees in time, and are now considered 2-year bills, not to be heard again until next year.  657 Fiscal Bills need to make it out of their Appropriations Committees by May 28, 2015 in order to remain active for the rest of this year.

AB 34 (Bonta): Medical Cannabis Regulation and Enforcement.  Assembly Bill 34 would establish a statewide regulatory, licensing, and enforcement framework for medical marijuana for medical marijuana dispensaries, cultivation, transportation, and manufacturing of medical marijuana and products containing medical marijuana.  Status: AB 34 awaits final consideration in the Assembly Appropriations Committee.  RCRC Position:  Watch

AB 57 (Quirk) Telecommunications: Wireless Telecommunication Facilities:  AB 57 would establish “deemed granted” approval for all wireless telecommunication facilities siting and collocation applications when a local government fails to meet the Federal Communications Commission’s “Shot Clock Rule.”  Status:  AB 57 gained passage on the Assembly Floor.  RCRC Position:  Oppose

AB 243 (Wood): Medical Marijuana Cultivation.  Assembly Bill 243 would address various factors concerning the cultivation of medical marijuana, including environmental health and enforcement issues.  Status:  AB 243 awaits final consideration in the Assembly Appropriations Committee.  RCRC Position: No Position

AB 266 (Cooley): Medical Marijuana.  Assembly Bill 266 would establish a statewide regulatory, licensing, and enforcement framework for medical marijuana dispensaries, cultivation, transportation, and manufacturing of medical marijuana and products containing medical marijuana.  Status: AB 266 awaits final consideration in the Assembly Appropriations Committee.  RCRC Position: Watch

AB 896 (Wagner): Counties: Search or Rescue: Costs.  Assembly Bill 896 would authorize a county to seek reimbursement for costs incurred for any extraordinary methods used in search and rescue operations from a resident within their jurisdiction.  Status: AB 896 awaits final consideration on the Assembly Floor.  RCRC Position: Support

AB 1119 (Rendon): Public Utilities: Rights of Way.  Assembly Bill 1119 would grant counties the same authority granted to cities to challenge a utility project located in the unincorporated portion of the county.  Status: AB 1119 gained passage in the Assembly, and awaits committee assignment in the Senate.  RCRC Position: Support

AB 1315 (Alejo): Public Contracts: Water Pollution Prevention Plans: Delegation.  Assembly Bill 1315 would prohibit a public entity from delegating to a contractor the development of a plan to prevent or reduce water pollution or runoff on a public works project. The bill would also prohibit a public entity 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 the entity.  Status: AB 1315 was placed on the Assembly Appropriations Committee Suspense File.  RCRC Position: Oppose

AB 1347 (Chiu): Public Contracts Claims.  Assembly Bill 1347 would mandate a new claims resolution process that would require non-binding mediation to resolve a dispute on all public contracts.  Status: AB 1347 was amended to address various concerns expressed by RCRC, CSAC, UCC, and public agencies through the Public Works Coalition.  AB 1347 awaits final consideration in the Assembly Appropriations Committee.  RCRC Position: Opposition Removed

SB 16 (Beall): Transportation Funding.  Senate Bill 16 would increase various fees and taxes associated with a variety of transportation-related funding sources to raise approximately $3.5 billion in overall funding for the state and local transportation system.  Status: SB 16 is pending in the Senate Appropriations Committee.  RCRC Position: Watch

SB 239 (Hertzberg): Local Services: Contracts: Fire Protection Services.  Senate Bill 239 would require a local agency to enter into a written agreement for the performance of new or extended services pursuant to a fire protection reorganization contract with each affected public agency and recognized fire protection employee organization prior to submitting to the local LAFCO a resolution of application and a plan for services.  Status: SB 239 was placed on the Senate Appropriations Committee Suspense File.  RCRC Position: Oppose

SB 321 (Beall): Motor Vehicle Fuel Taxes: Rates: Adjustments.  Senate Bill 321 would revise the process used by the Board of Equalization for adjusting the price-based excise tax rate on motor vehicle fuels, which is anticipated to result in more transportation funding revenues in the short-term and more stable revenues in the long-term.  Status: SB 321 awaits consideration on the Senate Floor.  RCRC Position: Support

SB 345 (Berryhill): The Sport Fishing Stimulus Act of 2015.  Senate Bill 345 would require that sport fishing licenses be valid for 12-months instead of a calendar year, lower the annual license cost for residents, and create a reduced-fee junior fishing license.  Status: SB 345 was placed on the Senate Appropriations Committee Suspense File.  RCRC Position: Support

SB 643 (McGuire): Medical Marijuana.  Senate Bill 643 would establish a state regulatory and licensing framework for medical marijuana dispensaries, cultivation, transportation, and manufacturing of medical marijuana and products containing medical marijuana.  Status: SB 643 awaits final consideration in the Senate Appropriations Committee.  RCRC Position: Watch

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. 

Endangered and Threatened Wildlife and Plants: Revisions to the Regulations for Petitions.  Changes the regulations concerning petitions to list species to require petitioners to solicit information from relevant state wildlife agencies prior to submitting a petition.  Agency: U.S. Fish and Wildlife Service/National Oceanic and Atmospheric Administration Status: Draft released for public comment, comments due July 20, 2015.  The Federal Register notice, including instructions on filing comments, can be accessed here.  RCRC Comments: Staff is seeking input from member counties.  RCRC Advocate: Staci Heaton sheaton@rcrcnet.org

Waiver of Waste Discharge Requirements for Marijuana Cultivation and Associated Activities.  Creates a water quality regulatory structure to address impacts from marijuana cultivation activities.  Agency: North Coast Regional Water Quality Control Board Status: Draft published for a 45-day comment period, comments due on June 8, 2015.  Public hearing in Eureka on May 7, 2015.  Proposed order and related documents can be accessed here.  RCRC Comments: Click here RCRC Advocate: Staci Heaton sheaton@rcrcnet.org