The Barbed Wire - September 1, 2017

RCRC’s 2017 Annual Meeting

RCRC’s 2017 Annual Meeting is less than a month away!  With more than 200 registered attendees, and nearly 30 sponsors, the 2017 Annual Meeting is filling up fast.  Detailed information on the program, venue, registration, and lodging can be accessed via the event website.  We look forward to seeing you in South Lake Tahoe!  Read More…

Local Government Associations Release #NoOnSB649 Video Showing How Bill is Telecom Power Grab at Expense of Californians

Yesterday, the Rural County Representatives of California, the League of California Cities, and the California State Association of Counties released a short animated video strongly hitting home the message that Senate Bill 649 (Hueso) is a telecom power grab that gives them profits at the expense of California communities.  Read More…

RCRC Provides Cannabis Update to Merced County Board of Supervisors

This week, RCRC First Vice Chair Rex Bohn (Humboldt) joined Paul A. Smith, RCRC Vice President Governmental Affairs, and Arthur Wylene, RCRC Governmental Affairs Counsel, in providing a cannabis licensing and regulatory update to the Merced County Board of Supervisors. 

RCRC staff discussed overall policy areas relating to commercial cannabis activities.  Following the presentation, the Merced County Board of Supervisors put forth initial discussions about revising its ordinances on cultivation and mobile cannabis deliveries. 

In July, RCRC presented to senior staff in Merced County on recent cannabis legislation.  RCRC will continue to assist rural counties in developing their respective policies in light of recently-enacted cannabis statues and regulations. 

RCRC Presents at Napa Countywide Cannabis Roundtable

Last Friday, Paul A. Smith, RCRC Vice President Governmental Affairs, and Arthur Wylene, RCRC Governmental Affairs Counsel, presented at the Napa Countywide Cannabis Roundtable.  The roundtable was attended by officials from Napa County and Napa County’s four cities (American Canyon, Calistoga, St. Helena, and Napa) and the town of Yountville.  

RCRC staff presented on critical cannabis-related policy areas, such as licensing and land use, cultivation and environmental considerations, the roles of counties in permitting, prohibiting, and/or regulating state-licensed cannabis activities, and also provided a legislative update.  The Sonoma County Agricultural Commissioner also presented. 

The purpose of the roundtable is to discuss the issues surrounding the passage of Proposition 64 and the regulation of medical and non-medical cannabis, and to identify a consensus on how to regulate cannabis within the entire County of Napa.

RCRC Heads to Washington for Federal PILT Funding

Next week, RCRC Second Vice Chair Randy Hanvelt (Tuolumne) and RCRC Board Member Kevin Cann (Mariposa) will be traveling with RCRC staff to Washington, D.C. for the National Association of Counties 2017 Payments in Lieu of Taxes (PILT) Fly-In to continue advocacy efforts in support of the Federal PILT program.  Federal PILT provides payments to counties to help offset losses in property tax revenues due to nontaxable federal lands within their jurisdictions. 

Federal PILT was last reauthorized as part of the federal budget resolution in April 2016, which provided $485 million to help support a variety of county activities and programs.  While California’s counties received their 2016 Federal PILT authorization in April 2017, future Federal PILT payments – including this years – will need to be secured through the federal budget process.  RCRC will continue to advocate for a multi-year reauthorization, and will urge congress to take action to reauthorize the program for 2018 before the end of the federal government’s fiscal year on September 30, 2017. 

Controversial Assembly Bill 653 Now a Two-Year Bill

Assembly Bill 653 (Ridley-Thomas) was not heard this week in the Senate Governance and Finance Committee (Committee), thereby making it a two-year bill.  AB 653, which RCRC strongly opposes, would exempt from taxation property owned in fee by a federally-recognized Native American tribe that is pursuing a federal fee-to-trust application.  

By holding the bill for several additional months, the Committee affords the author and sponsors time to hold in-depth discussions about tribal lands and their property tax status.  RCRC will engage with AB 653’s sponsors over the fall recess on this topic in the hopes of reaching an agreement so that RCRC’s opposition can be removed.  RCRC’s letter of opposition for AB 653 can be accessed here.

Assembly Bill 1665 Passes out of Committee

On Tuesday, Assembly Bill 1665, authored by Eduardo Garcia (D-Coachella), was heard in the Senate Energy, Utilities & Communications Committee.  RCRC Second Vice Chair Randy Hanvelt (Tuolumne) provided testimony outlining RCRC’s concerns regarding the negative impacts of AB 1665 on the deployment of broadband service in rural communities.  

Though amendments to the bill were committed to during the hearing, it appears that RCRC’s concerns remain unaddressed.  The bill passed out of committee with eight “Aye” votes, and three members abstaining (Senators McGuire (D-Healdsburg), Cannella (R-Ceres), and Morrell (R-Rancho Cucamonga)).

While RCRC initially had a “Support if Amended” position on AB 1665, amendments taken in July forced RCRC and the California State Association of Counties (CSAC) to adopt an “Oppose Unless Amended” position.  RCRC and CSAC are requesting that the bill be amended to restore the definitions of “unserved” and “underserved,” eliminate annual “right of first refusal,” and require transparency standards for deployment projects subsidized by ratepayers and Public-Benefit MOU commitments.  In addition, RCRC and CSAC request that an alternative definition of “disadvantaged community” be included to ensure deserving communities are not inadvertently excluded from eligibility.

RCRC is very supportive of the original intent of AB 1665 and continuing the California Advanced Services Fund program.  RCRC and CSAC have been in discussions with Legislators and legislative staff to share the negative impacts of the recent amendments, and to find a path forward that is positive for rural communities.  RCRC’s joint “Oppose Unless Amended” letter can be accessed here.

Congressman Garamendi Holds 2017 Transportation Forum

Last Friday, Representative John Garamendi (D-Walnut Grove) led a forum in Marysville to discuss federal, state, and regional issues concerning transportation and infrastructure projects.  Paul A. Smith, RCRC Vice President Governmental Affairs, attended the forum.  The purpose of the forum was to develop a better understanding of regional needs and identify inadequacies in funding, planning, and coordination, with much focus on the Highway 70 widening project in Butte and Yuba Counties.  

Marysville Mayor Ricky Samayoa provided welcoming remarks, followed by Rep. Garamendi with a presentation titled “Laying the Foundation: State and Federal Opportunities, and Why Our Region Should Be a Top Competitor.”  Vincent Mammano with the Federal Highway Administration provided a federal overview, Norma Ortega with the California Department of Transportation (DOT) provided a state overview, followed by Amarjeet Benipal from the Department of Transportation with a presentation on regional competiveness. 

Representative Doug LaMalfa (D-Butte) and Butte County Supervisor Bill Connolly provided a history of Highway 70.  In concert with Butte and Yuba Counties’ senior transportation staff in attendance, Rep. LaMalfa and Rep. Garamendi emphasized on the importance of safety improvements to Highway 70. 

Efforts to expand the Highway 70 corridor from Oroville (Butte County) to Marysville (Yuba County) have been on the planning agenda since 1988.  The total distance of existing 2-lane highway that needs to be upgraded to 4 lanes is approximately 21 miles.  If Segments 1, 2, and 3 are programmed into the 2018 Statewide Transportation Improvement Program, the remaining investment needed to complete the widening project is $36 million for the Yuba County portion.   

Community Development Block Grant Redesign

The State Department of Housing and Community Development (HCD) kicked off its redesign of the Community Development Block Grant (CDBG) Program earlier this week.  HCD convened a Redesign Working Group (RWG), made up of stakeholders representing a diversity of California’s non-entitlement jurisdictions, organizations, and grant consultants, of which RCRC is a member.  HCD has initiated the process to redesign the CDBG Program to meet federal requirements, reflect budgetary shortages, address low expenditure rates and high levels of unspent program income, and comply with  Senate Bill 106 (Committee on Budget and Fiscal Review, 2017), which expressed the legislative intent for improving the CDBG Program and engage in specific activities to address stakeholder concerns.  

The 2017 CDBG Redesign will result in new CDBG Program Guidelines that will replace the existing regulations.  The RWG will meet approximately every three weeks through December 2017, and then once a month in 2018.  The RWG, in partnership with HCD and the CDBG Advisory Group, is expected to complete the CDBG Program Guidelines for submittal to the Department of Finance for approval and notification to the Joint Legislative Budget Committee by June 30, 2018.   

During the release of Budget Trailer Bills for the 2017/18 State Budget Package, SB 106 included proposed amendments to HCD’s CDBG Program to streamline HCD’s workload to reflect budgetary shortages and meet federal requirements, while effectively serving the needs of non-entitlement communities within the state.  The bill proposed to reduce the economic development allocation in half, restrict activities allowed, and raise the lower and upper thresholds of proposals.  Several counties and cities were opposed to the changes, particularly due to the circumvention of the existing CDBG Advisory Committee process to make recommendations to improve efficiencies in the program.  In light of the opposition, Senate Bill 106 was amended and directed HCD to engage in specific activities to address stakeholder concerns.  

Any issues or concerns from RCRC member counties should be directed to Mary Pitto a mpitto@rcrcnet.org.

KEEPING UP

RCRC Congratulates Tony Tooke on USDA Forest Service Appointment

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BULLETIN BOARD

California Wildfire Documentary Set for September Netflix Release

Fire Chasers, a new four-part documentary series chronicling the recent wildfire challenges facing California, will be released on Netflix on September 8, 2017.  The series will feature footage from the firefighting efforts during the 2016 wildfire season, as well as interviews with state and local government representatives on how climate change, forest management, and other factors have contributed to the increase in high-severity wildfires over the past decade.  The documentary will be available to all Netflix subscribers, and the trailer is available here.

State Water Board Sets Date to Start Part 2 of California WaterFix Hearings

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Apply Now: NACo Rural Impact County Challenge Community Coaching

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DWR Releases Update on Preseason Flood Coordination Meetings

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LEGISLATIVE UPDATE

RCRC members are encouraged to share letters addressed to state and federal representatives and regulatory bodies with RCRC’s Government Affairs staff. 

On Friday, September 1, 2017 the Appropriations Committees from both houses are considering measures that were placed in the “Suspense File,” – a temporary holding of bills.  RCRC will provide an updated report on the status of bills awaiting final consideration with their respective Appropriations Committees.

Assembly Bill 64 (Bonta): Cannabis: Medical and Nonmedical. Assembly Bill 64 makes further revisions to recently-enacted cannabis regulatory statutes. Status: AB 64 awaits final consideration in the Senate Appropriations Committee.  RCRC Position: Support if Amended

Assembly Bill 148 (Mathis): California Physician Corps Program: Practice Setting.  Assembly Bill 148 would revise the definition of “practice setting” for the Steven M. Thompson Physician Corps Loan Repayment Program to include rural area clinics that have 30 percent of patients from medically underserved populations. Status: AB 148 awaits final consideration in the Senate Appropriations Committee. RCRC Position: Support

Assembly Bill 196 (Bigelow): Greenhouse Gas Reduction Fund: Water Supply. Assembly Bill 196 would authorize the use of Greenhouse Gas Reduction Funds for water and wastewater systems if the investment furthers the regulatory purposes of the act and is consistent with law. With this bill, water supply investments, including repairs, pump and motor efficiency improvements, drinking water transmission and distribution system water loss, and wastewater systems, would be specifically eligible for funding.  Status: AB 196 awaits final consideration in the Senate Appropriations Committee.  RCRC Position: Support

Assembly Bill 524 (Bigelow): Public Utilities: Fines and Settlements. Assembly Bill 524 Appropriates moneys resulting from specified citations relating to the 2015 Butte Fire to the Department of Forestry and Fire Protection to be expended for the Department's program known as the State Responsibility Area Fire Prevention Fund and Tree Mortality Grant Program. Status:  AB 524 awaits consideration in the Senate Appropriations Committee.  RCRC Position: Support

Assembly Bill 560 (Salas): State Drinking Water Revolving Fund. Assembly Bill 560 would require the State Water Resources Control Board to provide a range of financing options to water system projects that serve severely disadvantaged communities. Status: AB 560 awaits final consideration in the Senate Appropriations Committee. RCRC Position: Support

Assembly Bill 653 (Ridley-Thomas): Property Taxation: Exemption: Indian Tribes.  Assembly Bill 653 would exempt from taxation property owned in fee by a federally-recognized Native American tribe that is pursuing a fee-to-trust application.  Status: AB 653 is now a “two-year” bill and awaits consideration in the Senate Governance and Finance Committee.  RCRC Position: Oppose

Assembly Bill 890 (Medina): Local Land Use Initiatives. Assembly 890 would require an environmental review of all proposed local initiatives. Status: AB 890 awaits action on the Senate Floor. RCRC Position: Neutral

Assembly Bill 920 (Aguiar-Curry): Electricity: Integrated Resource Plans.  Assembly Bill 920 requires the Public Utilities Commission, when reviewing a load-serving entity's integrated resource plan, to evaluate the mix of resources in the entity's portfolios to ensure balance. Status: AB 920 awaits final consideration in the Senate Appropriations Committee.  RCRC Position: Support

Assembly Bill 924 (Bonta): Indian Tribes: Commercial Cannabis Activity.  Assembly Bill 924 would authorize the Governor to enter into agreements concerning cannabis activities on lands of federally-recognized sovereign Indian tribes. Status: AB 924 awaits consideration in the Senate Business, Professions & Economic Development Committee.  RCRC Position: Oppose

Assembly Bill 979 (Lackey): Local Agency Formations Commission: Representation. Assembly Bill 979 would facilitate special district representation on Local Agency Formation Commissions (LAFCOs). Status: AB 979 awaits consideration from the Governor. RCRC Position: Support

Assembly Bill 1250 (Jones-Sawyer): Counties and Cities: Personal Contract Services.  Assembly Bill 1250 would establish specific standards for the use of personal services contracts by counties.  Status: AB 1250 awaits final consideration in the Senate Appropriations Committee. RCRC Position: Oppose

Assembly Bill 1410 (Wood): Emergency Medical Air Transportation.  Assembly Bill 583 would extend the dates of the Emergency Medical Air Transportation Act, so that the assessment of the penalties will continue until January 1, 2028, and any monies unexpended and unencumbered in the Emergency Medical Air Transportation Act Fund on June 30, 2029, will transfer to the General Fund. Status: AB 1410 awaits final consideration in the Senate Appropriations Committee. RCRC Position: Support

Assembly Bill 1414 (Friedman): Solar Energy System Permits. Assembly Bill 1414 would set a hard cap on permitting fees for solar installations. Status:  AB 1414 awaits action on the Senate Floor. RCRC Position: Oppose

Assembly Bill 1479 (Bonta): Public Records: Supervisor of Records: Civil Penalties.  Assembly Bill 1479 would establish civil penalties for California Public Records Act (CPRA) violations as well as create designated offices or persons to oversee CPRA responses to requestors.  Status: AB 1479 awaits final consideration in the Senate Appropriations Committee. RCRC Position: Oppose

Assembly Bill 1665 (Garcia, Eduardo): Telecommunications: Advanced Services Fund: AB 1665 would revise eligibility requirements for projects and project applicants for grants funded from the California Advanced Services Fund. Status: AB 1665 awaits consideration in the Senate Appropriations Committee. RCRC Position: Oppose Unless Amended

Senate Bill 249 (Allen): Off-Highway Motor Vehicle Recreation.  Senate Bill 249 would recast significant provisions of the Off-Highway Vehicle Program, which was designed to provide a venue for people to legally enjoy recreational vehicles while also assisting the local economy in many parts of rural California.  Status: SB 249 awaits final consideration in the Assembly Appropriations Committee. RCRC Position: Oppose

Senate Bill 252 (Dodd): Well Permits. Senate Bill relates to new well permits issued in critically over-drafted groundwater basins. Status:  SB 252 awaits action on the Assembly Floor. RCRC Position: Neutral

Senate Bill 265 (Berryhill): Disaster Relief. Senate Bill 265 provides that the state share for the removal of dead and dying trees in connection with the Governor's Proclamation of a State of Emergency issued on the specified date. Status:  AB 265 awaits final consideration in the Assembly Appropriations Committee. RCRC Position: Support

Senate Bill 458 (Wiener): Beverage Container Recycling: Mobile Recycling Program.  Senate Bill 458 would permit the Department of Resources Recycling and Recovery to establish several mobile recycling pilot projects.  Status: SB 458 awaits final consideration in the Assembly Appropriations Committee.  RCRC Position: Support

Senate Bill 563 (Lara): Residential Wood Smoke.  Senate Bill 563 would establish the Woodsmoke Reduction Program to replace old wood-burning stoves with cleaner and more efficient alternatives. Status: SB 563 awaits final consideration in the Assembly Appropriations Committee. RCRC Position: Support

Senate Bill 623 (Monning): Safe and Affordable Drinking Water Fund.  Senate Bill 623 would establish the Safe and Affordable Drinking Water Fund.  SB 623 would provide grants, loans, or services to assist those without access to safe and affordable drinking water. Status: SB 623 awaits final consideration in the Assembly Appropriations Committee.  RCRC Position: Support as Amended

Senate Bill 630 (Skinner): Jails: Financing Bonds. Senate Bill 630 would deny a county’s ability to contract with another county for jail housing capacity. Status: SB 630 awaits action on the Assembly Floor. RCRC Position: Oppose

Senate Bill 649 (Hueso): Wireless Telecommunications Facilities.  Senate Bill 649 would amend an existing law which provides that a wireless telecommunications collocation facility is subject to a city or county discretionary permit and is required to comply with specified criteria. Status: SB 649 awaits final consideration in the Assembly Appropriations 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. 

Draft State Wetland Definition and Procedures for Discharges of Dredged or Filled Materials to Waters of the State.  Establishes a State Wetland Definition and Procedures for Discharges of Dredged or Fill Material to Waters of the State (Procedures), for inclusion in the forthcoming Water Quality Control Plan for Inland Surface Waters and Enclosed Bays and Estuaries and Ocean Waters of California.  The State version of the federal “Waters of the United States” rule.  Agency: State Water Resources Control Board Status: The draft was released July 21, 2017, with the comment deadline now extended to September 18, 2017.  Board hearing is set for September 6, 2017.  The notice, draft, staff reports, and all other related documents can be accessed here.  RCRC Comments: Staff is seeking input from member counties.  RCRC Advocate: Staci Heaton sheaton@rcrcnet.org

Notice of Proposed Rulemaking Pertaining to Vested Rights Determinations and Mining Ordinances.  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 (Grey, 2016) pertaining to vested rights determinations and mining ordinances.  Agency: Department of Conservation State Mining and Geology Board.  Status: The notice was released June 23, 2017, with comments due August 17, 2017, and final consideration for adoption on September 14, 2017.  The notice and draft can be accessed here.   RCRC Comments: Staff submitted comments and suggested language for consideration.  RCRC Advocate: Mary Pitto mpitto@rcrcnet.org

Notice of Proposed Rulemaking Pertaining to Surface Mining Operation Inspections.  The proposed amended 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 draft was published April 28, 2017, with comments due by June 12, 2017, and final consideration for adoption on September 14, 2017                         .  The notice and draft update can be accessed here.  RCRC Comments: Staff submitted comments and suggested language for consideration.  RCRC Advocate: Mary Pitto mpitto@rcrcnet.org

Extension of Public Comment on Proposed Amendment to General Permit for Storm Water Discharges from Small Municipal Separate Storm Sewer Systems (MS4 General Permit).  The proposed amendment revises the implementation requirements of Total Maximum Daily Loads (TMDLs) in Attachment G and modifies the corresponding Findings, Provisions, and Fact Sheet of the Small MS4 General Permit accordingly.  The proposed amendment specifically addresses the implementation of 73 Total Maximum Daily Loads (TMDLs).  Agency:  State Water Resources control Board.  Status:  The proposed amendments were first released June 5, 2017.  Submission of written comments has been extended to noon Monday, August 21, 2017. The notice and proposed amendments can be accessed here.  RCRC Comments:   Staff is seeking input from member counties.  RCRC Advocate: Staci Heaton sheaton@rcrcnet.org