The Barbed Wire - October 27, 2017

RCRC Visits Del Norte County

On Tuesday, RCRC Vice President of External Affairs Justin Caporusso presented before the Del Norte County Board of Supervisors in Crescent City.  The presentation included a general overview of the organization and its affiliates, the give-back programs, and 2017-18 legislative and regulatory advocacy efforts.  

RCRC was invited to present by Supervisor Gerry Hemmingsen, Del Norte County’s RCRC Delegate.  A summary of end of session 2017-18 legislative and regulatory priorities can be accessed here.

RCRC Staff Testifies at Assembly Select Committee on Organic Waste Meeting

On Thursday, the Assembly Select Committee on Waste Reduction & Recycling in 21st Century California, chaired by Assembly Member Kevin McCarty (D-Sacramento), hosted a meeting in Camarillo (Ventura County).  Assembly Member McCarty and Assembly Member Jacqui Irwin (D-Thousand Oaks) provided welcoming remarks, followed by presentations from state agency, private sector, and public sector speakers.  RCRC Regulatory Affairs Advocate Mary Pitto participated on the public sector panel presentation to initiate a dialogue regarding the realities of new organic waste diversion goals and requirements.  

Senate Bill 1383 (Lara, 2017) requires 50 percent diversion of organic waste from landfills by 2020, consistent with the requirements of Assembly Bill 1826 (Chesbro, 2014) with 75 percent by 2025.  SB 1383 requires the California Department of Resources Recycling and Recovery (CalRecycle) to adopt regulations for the collection and diversion of organic waste from all generators of organic waste by 2020 and to begin implementation by 2022.  CalRecycle has estimated it will take an additional 50 to 100 new or expanded facilities to meet the goals; however, only 7 new and expanded facilities have been permitted in the last three years.  

Ms. Pitto spoke to the challenges of meeting those goals in California’s rural counties due to the lack of infrastructure.  The key challenges for the state are funding, permitting and siting regulatory difficulties, and lack of sufficient markets.  Specifically, Ms. Pitto addressed the difficulties of rural areas due to the economic infeasibility due to low population densities and distance to markets.  

RCRC staff will continue to engage on organics-related issues as they relate to RCRC member counties, and assist member counties in their efforts to comply with state and federal solid waste requirements.  The Assembly Select Committee on Waste Reduction & Recycling in 21st Century California webpage can be accessed here.

RCRC and Member Counties’ Staff Attend CalPERS Invite-Only Educational Meeting

On Sunday, Leroy Anderson, Tehama County Auditor-Controller, Debi Bautista, Tuolumne County Auditor-Controller, and Chester Robertson, Modoc County Administrative Officer joined Lisa McCargar, RCRC Chief Financial Officer at an invite-only meeting hosted by California Public Employees’ Retirement System (CalPERS) executives and Board Members.  RCRC stakeholders valued the opportunity to share information on critical pension issues facing rural counties.  

Marci Frost, Chief Executive Officer of CalPERS, and other key executives from the Investment and Actuarial offices shared historical factors that have impacted the funded status of the pension system, including past discount rates, investment decisions, and contribution policies.  Participants and CalPERS leaders brainstormed about the potential for innovative solutions.  RCRC stakeholders were able to provide both examples and ideas on the topics of pension costs, smoothing and amortization policies, and escalating unfunded liabilities.  

“The opportunity to meet CalPERS leaders on a one-to-one basis and express the issues of rural countries was helpful,” said Debi Bautista.  “Having CalPERS leaders listen and understand our specific plight is very encouraging.”

Leroy Anderson echoed Ms. Bautista’s comments, stating “I found the meeting to by very informative and somewhat encouraging.  The historical data helped paint a clearer picture of how the State and its municipalities got to where we are today.  And, the potential impact of various options going forward were clearly articulated by CalPERS financial representatives.  I appreciated that CalPERS personnel appeared to be sympathetic to the concerns of various groups impacted by their decisions and policy choices.”

RCRC continues to monitor and participate on issues related to employer relations and pensions noting that costs to most rural counties who participate in CalPERS have dramatically escalated and will continue to do so in the coming years. 

Bureau of Cannabis Control Launches Email Address for Local Governments

This week, the Bureau of Cannabis Control (Bureau) announced the launch of an email address for use by local governments to provide the Bureau cannabis-related ordinances or regulations information.  

It should be noted that with the recent passage of Senate Bill 94 and Assembly Bill 133 – budget trailer bills that harmonize the medical cannabis and adult-use cannabis regulatory structure – local governments are required to submit their respective ordinances to the Bureau.  Having these ordinances on file at the state level will help the state cannabis licensing agencies determine which applicants are in compliance with local government rules and regulations.

The email address is BCC.LocalGov.Submit@dca.ca.gov and is for use by local governments to submit information to the Bureau.  Questions will not be answered.  The Bureau’s website can be accessed here. 

Wildfire and Disaster Funding

A second disaster aid package passed the U.S. Senate this week, providing $36.5 billion in relief to areas recovering from a series of hurricanes and wildfires.  The bill passed with 82 votes, and includes $18.67 billion for the Federal Emergency Management Agency’s (FEMA) disaster relief fund; $16 billion in debt forgiveness for the National Flood Insurance Program; $1.27 billion in supplemental nutrition assistance funds for low-income Puerto Rico residents; and $576.5 million for wildfire suppression.  

Before the vote, several members expressed their frustration that the relief package did not address fire borrowing in a meaningful way, preventing the U.S. Forest Service from conducting active management programs that reduce the risk of future fires.  Minority Leader Chuck Schumer (D-New York), Senator Kamala Harris (D-California), Senator Patty Murray (D-Washington), Senator Jon Tester (D-Montana), and Senator Maria Cantwell (D-Washington) called on Congress to pass a legislative solution to fire borrowing in order to provide the U.S. Forest Service the funding it needs to improve forest resiliency.  Senator Ron Wyden (D-Oregon) took the Senate Floor Wednesday night, urging his colleagues to pass the Wildfire Disaster Funding Act which would stop fire borrowing and grant the U.S. Forest Service access to the disaster funding accounts that are used in response to other natural disasters such as hurricanes, earthquakes, and tornadoes.  In addition, Senator Wyden and Senator Dianne Feinstein (D-California) co-authored an op-ed for CNN.com which again calls on Congress for a legislative solution to fire borrowing.  Senators Wyden and Feinstein note that the U.S. Forest Service first made Congress aware of the problem in 2002, and after 15 years, it is time for lawmakers to act.  Although fire borrowing was not addressed in the package which was passed this week, President Trump is expected to request a third disaster aid bundle in the near future, offering western senators another opportunity to secure relief and wildfire funding reform.

Resilient Federal Forests Act

On Thursday, the House Committee on Natural Resources and House Committee on Agriculture each reported H.R. 2936, the Resilient Federal Forests Act of 2017, favorably to the Committee of the Whole.  H.R. 2936 was originally introduced by Representative Bruce Westerman (R-Arkansas) and includes provisions that end fire borrowing and improve forest health.  The bill, similar to ones adopted in recent years by the House of Representative, aims to ease environmental regulations that inhibit forest management activities on national forests, Tribal lands, and forests under the jurisdiction of the Bureau of Land Management.  

Representative Westerman is Chair of the House Natural Resources Subcommittee on Oversight & Investigations, and his bill now enjoys 18 co-sponsors, including Representatives Doug LaMalfa (R-Butte), Tom McClintock (R-Placer), and David Valadao (R-Kings).  The bill does not draw the same level of bipartisan support found in recent forestry proposals in the Senate as only two of the 18 cosponsors are Democrats.  Environmental groups have criticized certain measures that undo the National Environmental Policy Act and restrict the ability of citizens to challenge federal forest management decisions in court.  Democrats suggest this bill is designed to benefit business interests, but supporters of the bill argue “there is no downside to a healthy forest.”

House Judiciary Committee Advances Controversial H-2A Replacement

This week, the House Judiciary Committee (Committee) advanced the Agricultural Guestworker Act, a bill that reforms the agricultural guestworker program, known as the H-2A visa.  H-2A is a temporary work visa for foreign agriculture workers for seasonal work in the United States.  Democrats, and some Republicans, were harshly critical of the overhaul proposed by House Judiciary Chairman Bob Goodlatte (R-Virginia), but the Committee narrowly passed the bill by a 17-16 vote.  

Throughout the markup, Democrats argued the plan would undercut U.S. wages in the agricultural sector by importing low-cost labor.  However, agriculture businesses have suffered in recent years from a labor shortage, and this proposal was praised by industry leaders for expanding their access to new workforces.  Representative Goodlatte’s bill would replace the H-2A program with an H-2C system which would allow foreign nationals to work year-round under the new system, issue 500,000 visas, and establish $8.34/hour as the minimum wage allowed for the visa holder.  California is the fourth most popular site for H-2A visa holders, but guest-workers occupy a relatively small portion of the labor force under the current program.  Senator Dianne Feinstein (D-California), the Ranking Member on the Senate Judiciary Committee, has supported H-2A visa replacement programs in the past but has shown no interest in moving such a bill through the Senate. 

BULLETIN BOARD

Northern California Wildfires Resource Guide

The northern California wildfires that began on Sunday are quickly becoming the deadliest and most destructive in California history.  As of Friday, the death toll of 31 had surpassed that of the 1991 Oakland Hills fire.

Below is a clearinghouse of resource providers for the fires impacting Napa, Sonoma, Mendocino, Lake, Yuba, and Butte counties.

USDA Offers Support to People and Communities Affected by California Wildfires

Click here

California Department of Forestry and Fire Protection

Click here

@CAL_FIRE

California Office of Emergency Services

Click here

@Cal_OES

Sonoma Fire Info

Click here

Napa County Facebook

Click here

Butte County Sheriff Facebook

Click here

Mendocino County Sheriff Facebook

Click here

Lake County Sheriff Facebook

Click here

Yuba County Office of Emergency Services Facebook

Click here

USDA Forest Service Active Fire Mapping Program

Click here

The Press Democrat: Useful Information for Sonoma County Fires

Click here

EPA AirNow: Air Quality Conditions

Click here

Napa Community Animal Response Team

Click here

211.ORG

Click here

DWR Extends Deadline for 2017 Groundwater Sustainability Plans and Projects Proposal Solicitation Package Applications for Counties Impacted by Wildfires

Governor Brown issued emergency proclamations on October 9, 2017 for Butte, Lake, Mendocino, Napa, Nevada, Orange, Sonoma, and Yuba counties, and on October 10, 2017 for Solano County due to the effects of multiple fires.  In light of these emergency proclamations, DWR will be extending the deadline for submitting applications for the 2017 Groundwater Sustainability Plans (GSP) and Projects Proposal Solicitation Package (PSP) for the Sustainable Groundwater Planning (SGWP) Grant Program for those basins in counties affected by fires as part of the Governor’s emergency proclamations until December 1, 2017 at 5 PM.  The deadline for submitting applications for the basins in other counties not impacted by the fires will remain November 13, 2017 at 5 PM.  

REGULATORY UPDATE

Notice of Proposed Rulemaking Pertaining to Financial Assurance Mechanisms (FAMs) - Surety Bond Forms.  The proposed amended regulatory language is intended to implement the updates to Public Resources Code Section 2774 based upon the statutory changes made by Assembly Bill 1142 (Gray, 2016) pertaining to Financial Assurance Mechanisms (FAMs).  AB 1142 requires the State Mining and Geology Board (SMGB) to formally adopt FAM forms by July 1, 2018.  Assurance mechanisms include, but are not limited to, surety bond forms, irrevocable letters of credit, and certificate of deposit establishment and encashment instructions.  Agency: Department of Conservation State Mining and Geology Board Status: The notice was released September 15, 2017, with comments due October 30, 2017.  The notice and draft forms can be accessed here.  RCRC Comments: Staff is seeking input from member counties.  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 Stakeholder Workshops.  Senate 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 economies.  Informal stakeholder workshops are scheduled to review draft regulatory language, address rate increases and Proposition 218, and to further discuss the SB 1383 implementation process for diversion of organics in landfills.  The workshops are scheduled for 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 10, 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