The Barbed Wire - November 3, 2017

November 3, 2017
RCRC Sponsors San Joaquin Valley Regional Association of California Counties Annual Conference
Bills Move as Congressional Focus on Wildfire Prevention Intensifies
Federal Tax Reform Proposal Released
Sam Clovis Withdraws from U.S Department of Agriculture Consideration
KEEPING UP
BULLETIN BOARD
REGULATORY UPDATE

RCRC Sponsors San Joaquin Valley Regional Association of California Counties Annual Conference

This week, RCRC Vice President of Legislative Affairs Paul A. Smith, RCRC Vice President of External Affairs Justin Caporusso, and RCRC Governmental Affairs Counsel Arthur Wylene attended the San Joaquin Valley Regional Association of California Counties (SJVRACC) annual conference.  Hosted by Merced County, this year’s theme was “Facing the Future – Together,” and Mr. Smith and Mr. Wylene served on a panel titled “Navigating the Cannabis Regulation Maze.”  

Additional panel topics included discussions on the future of water storage in the San Joaquin Valley, a look at potential funding sources made available through recent legislative actions, leadership, working with the media, a state and federal legislative update, and a topic on fatherhood, and its impact on a child’s development.

Mr. Smith and Mr. Wylene’s presentation can be accessed here.

Bills Move as Congressional Focus on Wildfire Prevention Intensifies

This week, the U.S. House of Representatives approved legislation to streamline environmental reviews of forest management practices on federally managed lands in order to enhance wildfire prevention efforts nationwide.  H.R. 2936, also known as the Resilient Federal Forests Act of 2017, is the latest bill introduced by Rep. Bruce Westerman (R-AR) to tackle wildfire prevention and forest management on federal forest lands after a previous version of the bill stalled in the Senate last Congress.  

While H.R. 2936 would streamline certain environmental review requirements, such as those contained in the National Environmental Policy Act (NEPA), speeding up the ability of federal land managers to respond to urgent wildfire prevention needs, the Administration has asked for modifications to provisions in the bill that would revise the Stafford Act and force competition for funding between wildfires on federal land and other disasters such as hurricanes.  The Administration has suggested the bill be amended to create an annual cap adjustment for wildfire suppression operations to resolve those concerns.  RCRC has not taken a position on H.R. 2936 due to concerns with the Stafford Act revisions.

In addition to passing H.R. 2936, last night the House approved H.R. 2921, the National Forest System Vegetation Management Pilot Program Act of 2017, under a suspension of the rules. The bill was introduced by Rep. Kevin Cramer (R-ND-At Large) and authorizes pilot programs for better protecting utility infrastructure in national forests from wildfires and overgrowth.

In the meantime, two additional bills have been introduced in the Senate to address wildfire prevention and forest management practices, although neither has yet seen action.  First, Senator Maria Cantwell (D-WA) introduced S. 1991, the Wildland Fires Act of 2017, which focuses on funding for communities that are at-risk for wildfire including local governments, authorizes longer-term contracts to provide stability to companies involved in restoration projects on federal land, and authorizes federal agencies to re-purpose unused wildfire suppression funds to conduct preparedness projects to get ahead of the problem. 

Additionally, members of the Senate Committee on Environment and Public Works have released a staff draft of the Wildfire Prevention and Mitigation Act of 2017, which seeks to create categorical exclusions for immediate action in critical wildfire response situations, streamlines environmental review for ecosystem restoration projects, and establishes a five-year pilot arbitration process to allow alternative dispute resolution for forest activities that will result in binding decisions not subject to judicial review.  RCRC is supporting both bills as common-sense methods to increase forest restoration and management activities for wildfire prevention.  RCRC’s support letters can be accessed here:

S 1991

Draft Wildfire Prevention Legislation

There are additional avenues for forestry and wildfire funding reform, including the Forestry Title of the 2018 Farm Bill, the omnibus, or other bipartisan standalone proposals, including S. 1842.  The best opportunity for comprehensive forestry reform is standalone legislation, however, it remains to be seen how the White House’s dismissal of disaster relief for wildfire funding will impact legislative negotiations moving forward. 

Federal Tax Reform Proposal Released

Earlier this week, Key Republican leaders released the legislative text for their plan to simplify the tax code and cut taxes for individuals and corporations. Included in the language is a provision that will prevent individuals from itemizing a deduction for state and local income taxes (SALT), while retaining a deduction for state and local property taxes that will be capped at $10,000.  According to the Tax Foundation, SALT deductions are estimated to be worth more than $100 billion in individual income per year. The state of California receives 19.6% of the income earned from SALT deductions, where the average filer claims $18,438 annually from the deduction. This amounts to 8.1% of adjusted gross income for the state according to the Tax Policy Center TPC. 

The $100 billion of income generated by SALT is disproportionately distributed among blue-state voters and the provision has been targeted by Republicans for elimination to compensate for their $1.5 trillion tax cut proposal. In the House, GOP tax negotiators have met heavy resistance from blue-state Republicans who represent constituents with the highest state income tax rates in the country.  11 House Republicans from high-tax states voted against the GOP budget resolution in protest of proposals to eliminate SALT.  Before the text of the bill was released, House Ways and Means Chairman Kevin Brady (R-Texas) brokered a deal that will retain state and local property tax deductions in order to win over blue-state Republicans, but capping the deduction at $10,000 takes $8,438 of annual income off the table for California filers.  The $10,000 cap is not per-property but is the aggregate cap for an individual’s entire property holdings.

In addition, the tax plan will immediately double the estate tax exemption and repeal the tax entirely in six years.  Data from the Tax Policy Center suggests repealing the estate tax is a victory for agriculture communities where the “death tax” is a major financial obstacle for family farmers who give away 40% of their base value to the federal government with each new generation.

Despite the objections of blue-state Republicans over the SALT repeal, the “Tax Cuts and Jobs Act” is considered must-pass legislation for House Republicans. The true test of the GOP’s tax plan will come in the Senate from Republican centrists and deficit hawks who clashed with President Trump in the past or publicly criticized tax proposals that add to the deficit.

Sam Clovis Withdraws from U.S Department of Agriculture Consideration

Sam Clovis was the first of President Trump’s nominees to withdraw from consideration after he was among the names of President Trump’s campaign officials involved with Special Counsel Robert Mueller’s Russia probe.  Clovis cited that he did not want to be a “distraction or negative influence” for the Administration and argues he has not received “balanced and fair consideration” for his nomination.  President Trump chose Clovis to serve as chief scientist at the Department of Agriculture and his choice was met with immediate backlash from Democrats and environmental groups.  Clovis is a former conservative talk show radio host and his critics argued he did not meet the position’s criteria for “specialized training or significant experience in agricultural research, education, and economics.”  

Democrats lamented prior comments made by Clovis referring to climate change as “junk science,” in addition to controversial comments on race and homosexuality.  Mr. Clovis was drawn further into controversy this week when George Papadopoulos, a Trump campaign official, plead guilty to misleading FBI agents about a series of meetings he took with Russia-linked individuals during the 2016 election.  Court documents reveal Papadopoulos exchanging emails with Clovis where they discuss meetings with Russian officials. Democrats on the Senate Agriculture Committee immediately submitted inquiries to Clovis regarding his relationship with Papadopoulos and possible Russian connections during the campaign but, rather than continue an already drawn out process, Clovis withdrew his nomination as chief scientist at USDA. 

KEEPING UP

Dr. Richard Kuhns Hired as Trinity County CAO

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Carly B. Dolan appointed to Judgeship in the Mendocino County Superior Court

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Jeanne E. Schechter appointed to Judgeship in the Merced County Superior Court

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Claire Crenshaw appointed to the Modoc District Fair Board of Directors

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Lilli Sommer appointed to the Modoc District Fair Board of Directors

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Hernaldo J. Baltodano appointed to Judgeship in the San Luis Obispo County Superior Court

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Jesse J. Marino appointed to Judgeship in the San Luis Obispo County Superior Court

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Robin L. Wolfe appointed to Judgeship in the Tulare County Superior Court

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BULLETIN BOARD

FEMA Flood After Fire Fact Sheet

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Webinar: The Economic Consequences of the Opioid Crisis

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DWR Releases the Final Flood Emergency Response Projects – Statewide Grant Round 3 Guidelines and Proposal Solicitation Package.

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USDA Water & Waste Disposal Loan & Grant Program in California

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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.    

Notice of Availability of Modifications to the Text of Proposed Rulemaking Pertaining to Surface Mining Operation Inspections.  The modifications to the proposed regulatory language is intended to implement the improvements and updates to Public Resources Code Section 2774 based upon the statutory changes made by Assembly Bill 1142 (Grey, 2016).  Agency: Department of Conservation State Mining and Geology Board Status: The 15-day public notice for comments for the modifications ends November 15, 2017.   Final consideration for adoption is scheduled for December 14, 2017.  The notice and draft update can be accessed here (http://www.conservation.ca.gov/smgb/Pages/SMARAReform/Package-3.aspx).  RCRC Comments: Staff submitted comments and suggested language for consideration.  RCRC Advocate: Mary Pitto mpitto@rcrcnet.org

Notice of Proposed Rulemaking Pertaining to SMARA Fees Schedule.  The proposed regulatory language is intended to enact the revisions to Public Resources Code Section 2207 based upon the statutory changes made by Senate Bill 209 (Pavley, 2016) to address the fees calculation formula, and to maintain a more equitable fee schedule for relatively smaller operations.  Agency: Department of Conservation State Mining and Geology Board Status: The draft was published September 29, 2017, with comments due by November 13, 2017, and final consideration for adoption anticipated in January 2018.  The notice and draft update can be accessed here.  RCRC Comments: Staff is seeking input from member counties.  RCRC Advocate: Mary Pitto mpitto@rcrcnet.org

Senate Bill 1383 Organics Diversion from Landfills Informal Draft RegulationsSenate Bill 1383 (Lara, 2016) established methane emissions reduction targets in a statewide effort to reduce emissions of short-lived climate pollutants (SLCP) from various California sectors.  SB 1383 included goals of reducing organics from landfills by 50 percent in 2020 and 75 percent by 2025.  Informal stakeholder workshops were held October 30, 2017 in Sacramento, and November 2, 2017 in Huntington Beach.  Agency: Department of Resources Recycling and Recovery Status: The draft language was released October 25, 2017, with comments due November 15, 2017.  Additional information and draft regulations can be accessed here.  RCRC Comments:  Staff is seeking input from member counties.  RCRC Advocate: Mary Pitto mpitto@rcrcnet.org