The Barbed Wire - May 17, 2019

RCRC Board Members Attend NACO’s Western Interstate Region Conference

This week, Supervisors Kevin Cann (Mariposa) and Lee Adams (Sierra) joined RCRC staff at the National Association of Counties’ (NACo) Western Interstate Region (WIR) 2019 Conference in Spokane County, Washington.  Supervisor Cann serves as First Vice President of WIR, and Supervisor Adams serves as RCRC’s WIR representative. 

WIR is dedicated to the promotion of western state interests, and the WIR Conference brings together county officials, federal, state, and regional policymakers to focus on unique pressing issues affecting rural communities.  This year’s conference included tours of the Grant Coulee Dam and the Colville National Forest.   Attendees learned about the A-to-Z Forestry Project, a timber sale and forest restoration project that involves a private timber company thinning and restoring 54,000 acres of the 1.1 million-acre forest.  

A key panel discussion at this year’s Conference was led by Mono County Supervisor Stacy Corless, who also serves as 2^nd Vice Chair of RCRC.  Supervisor Corless led a discussion entitled “Engaging with Federal Partners to Grow a Sustainable Outdoor Recreation Economy,” which featured panelists from the Bureau of Land Management, the U.S. Forest Service, a Mammoth Lakes Town Council member and a representative from Washington state’s Outdoor Recreation Office.  The point of this discussion focused on building a sustainable recreation program in rural counties based on activities in federally-owned lands – a point which requires partnership and planning between state, local and federal agencies.

Each year, the WIR Conference is hosted by a county within the fifteen Western states and provides attendees with the opportunity to interact with federal, state and regional policymakers, participate in educational sessions and take home tools to address challenges.  Due to RCRC, the California State Association of Counties, and Mariposa County’s joint efforts to bring the NACO’s WIR Conference to California, next year’s conference will be hosted at the world renowned Tenaya Lodge at Yosemite. 

Forest Service Releases Sequestered Allocations under the Secure Rural Schools Program

Last week, U.S. Senators Ron Wyden (D-Oregon) and Jeffrey A. Merkley (D-Oregon) sent a letter to the U.S. Department of Agriculture (USDA) Secretary Sonny Perdue requesting an explanation of the sequestration of a portion of the Secure Rural Schools and Community Self-Determination Act (SRS).  According to the letter, it was reported that USDA withheld 6.2 percent of the amounts that are not subject to sequestration.  In the letter, Senators Wyden and Merkley requested that the withheld funds be promptly forwarded for distribution to the schools and counties entitled to SRS. 

The issue of differing interpretations between the U.S. Department of the Interior and the U.S. Forest Service whether sequestration would be applied to SRS payments was resolved.  The U.S. Forest Service has already initiated payments, and it is anticipated the first payments for FY 2018 will begin be arriving to states soon.  The U.S. Forest Service is expected to provide detailed updates regarding payments. 

Adopted in 1906, federal law requires the U.S. Forest Service to provide counties and schools with 25 percent of the revenues generated on federal forest lands from a variety of activities including timber harvesting, mining, and recreational activities.  In 2000, Congress enacted SRS to provide funding for rural counties and school districts to replace revenue from dwindling forest receipts due to a national decline in timber harvesting.  While Congress reauthorized SRS payments for FY 2017 and FY 2018, the on-again, off-again flow of SRS payments continues to frustrate California’s forested counties. 

The letter from Senators Wyden and Merkley to Secretary Perdue can be accessed here.  RCRC’s advocacy page pertaining to the Federal SRS can be accessed here.

CPUC Update on Utility Wildfire Mitigation Plans, Preparation for the Upcoming Fire Season

This week, RCRC submitted two comment letters on the Wildfire Mitigation Plans proceeding at the California Public Utilities Commission (CPUC), which was established as a result of Senate Bill 901 to confront complex issues surrounding the role of utilities to prevent wildfires caused by their infrastructure.  The RCRC Board of Directors voted to become a party to this proceeding at its March 2019 meeting, as well as the De-Energization proceeding that contemplates how Investor Owned Utilities (IOUs) conduct planned power outages during extreme weather events that could lead to fire.  

On April 29^th, Administrative Law Judges Sarah R. Thomas and Peter V. Allen recommended approval of PG&E and other IOU Wildfire Mitigation Plans for 2019 so preparations such as inspections, system hardening, vegetation management and emergency preparedness can get underway in advance of fire season. Further, the Judges issued Proposed Guidance on Wildfire Mitigation Plans for the future with recommendations such as adopting consistent and meaningful metrics, providing off ramps for potentially ineffective mitigation measures, and discussing potential impacts to ratepayers for the costs of implementing these Plans.

Wildfire Mitigation Plans for the various IOU’s and the Proposed Guidance Decision must be formally adopted by a vote of the CPUC. The next voting meeting is on May 30^th. On May 21^st, the California State Assembly Utilities and Energy Committee will hold an Oversight Hearing, “Investor Owned Utility Wildfire Mitigation Plans, Will the Plans Reduce the Risk and Occurrence of Catastrophic Wildfires?” RCRC’s comment on PG&E’s plan can be accessed here, and comments on the Proposed Guidance decision can be accessed here.

Ninth Circuit Upholds Property Tax Assessments on Leased Tribal Lands

Indian tribal land is generally exempt from local property taxes.  However, when that land is leased to non-tribal parties, the lessee may be required to pay property tax based upon the value of the "possessory interest" that they have obtained under the lease.  In 2013, the federal Bureau of Indian Affairs adopted regulations that many tribal advocates interpreted as prohibiting state and local governments from levying such "possessory interest" tax assessments.  

However, the federal courts disagreed, and earlier this year, the Ninth Circuit issued an opinion in Agua Caliente Band v. Riverside County upholding these taxes.  This represents a major victory for counties containing substantial tribal lands, who faced potentially significant revenue losses.  The opinion was not published as formal precedent for subsequent cases; however, the views of the Ninth Circuit are nonetheless expected to be influential in any future disputes on this subject.  The Agua Caliente tribe has until early June to request review by the U.S. Supreme Court.

RCRC Joins CAFWA Partners in Federal Advocacy

This week, RCRC advocated alongside its California Forest Watershed Alliance (CAFWA) partners in Washington D.C. to promote the French Meadows Forest Restoration Project, and encourage federal partners to foster more collaboration on forest restoration projects.  CAFWA representatives met with the U.S. Forest Service (USFS), U.S. Department of Agriculture (USDA), the Office of Governor Gavin Newsom, and the California delegation in Congress.  

Staff were briefed on the partnership model created through the French Meadows Project, a 28,000 forest restoration project co-founded by Placer County, USFS, The Nature Conservancy, Placer County Water Agency, American River Conservancy, Sierra Nevada Conservancy, and the Sierra Nevada Research Institute.  The partners pooled their resources and capacity to win approval for the restoration project under the National Environmental Policy Act (NEPA) and California Environmental Quality Act (CEQA) in record time.

CAFWA members educated federal stakeholders on the innovative model behind the French Meadows project and urged policymakers to create federal incentives to replicate the French Meadows model.  The NEPA and CEQA approval processes were accelerated through the collaborative approach, and federal incentives will allow more communities to adopt this approach.

CAFWA is a nonpartisan, urban-rural coalition representing water interests, local governments, the conservation community, agriculture, and the forestry sector, created to promote the restoration and improvement of California’s forested watersheds. CAFWA’s founding members include RCRC, the Association of California Water Agencies (ACWA), the California Forestry Association, The Nature Conservancy, and the California Farm Bureau.  As a CAFWA founding member, RCRC pushes for more policies at the state and federal level that promote collaboration and provide counties with a seat at the table surrounded by effective partners.

Disaster Aid Update

The Senate is negotiating a disaster aid package that is expected to come to a vote next week before Congress breaks for a week-long recess after Memorial Day.  The House passed a Democrat-backed $19.2 billion disaster aid package last week that included substantial aid for wildfires and other natural disasters.  The bill has stalled for the past several weeks over funds for Puerto Rico and the U.S. southern border, but negotiators appear to be close to reaching a final deal that could deliver the appropriations package through the Senate.  

Majority Leader Mitch McConnell (R-Kentucky) threatened to keep the Senate open through the Memorial Day recess until the chamber votes on disaster aid, but it appears more likely he won’t be forced to make do on his threat. Once the key issues of Puerto Rico and border funding are finalized, lawmakers should be able to pass the disaster supplemental without a hitch.

Bill of the Week: Assembly Bill 343 (Patterson) – Fuels Transportation Program

Appearing on the Bill of the Week for the second time, RCRC is again showcasing its support for Assembly Bill 343.  Authored by Assembly Member Jim Patterson (R-Fresno), AB 343 would require the California Natural Resources Agency (CNRA) to develop and implement a fuels transportation program that provides competitive grants or other financial incentives for projects in eligible communities to offset the costs of transporting fuels to an eligible biomass facility, an innovative forest products facility, or a mass timber facility.  AB 343 would also authorize CNRA to allocate funds from the Greenhouse Gas Reduction Fund. 

Meanwhile, Assembly Member Patterson has submitted a corresponding budget request to Assembly Budget Subcommittee 3 on Resources and Transportation to appropriate $20 million to the California Natural Resources Agency to implement the program created by AB 343.

While AB 343 was held in the Assembly Appropriations Committee on the Suspense File, RCRC will continue advocating for the inclusion of this program in broader wildfire prevention discussions.  Furthermore, the stand-alone budget request awaits action in Assembly Budget Subcommittee 3.  RCRC’s AB 343 letter can be accessed here, and the budget request letter can be accessed here.  For more information, Staci Heaton, RCRC Regulatory Affairs Advocate, can be reached at (916) 447-4806 or sheaton@rcrcnet.org.

THE RURAL RUNDOWN PODCAST

The Rural Rundown discusses the legislative and regulatory issues impacting California’s rural counties, featuring commentary and interviews from individuals committed to improving the quality of life in rural California. 

The Rural Rundown can be accessed here. 

BULLETIN BOARD

Announcements regarding hearings, grants, and public comment notices of importance to California's rural counties.

Public Comment Period Opens for Sustainable Groundwater Management Grant Program

Click here

MEDIA

RCRC Press Releases and Related News Clips

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.  

Assembly Bill 41 (Gallagher): Disaster Relief: Camp Fire. Assembly Bill 41 provides that the State share for disaster relief is born by the State as it relates to the Camp Fire that started in November 2018 in Butte County. Status: AB 41 awaits action by the Assembly (Second Reading File). RCRC Status: Support

Assembly Bill 247 (Dahle): Disaster Relief: Carr and Klamathon Fires. Assembly Bill 247 provides that the state share for disaster project allocations to local agencies is up to 100% of total state eligible costs connected with the Klamathon fire that started on July 5, 2018, in the County of Siskiyou, and the Carr Fire that started on July 23, 2018, in the County of Shasta. Status:  AB 247 awaits action by the Assembly (Second Reading File). RCRC Status: Support

Assembly Bill 394 (Obernolte): California Environmental Quality Act: Exemption: Fire Safety. Assembly Bill 394 expedites fire safety improvements for subdivisions that are at significant fire risk and lack a secondary escape route. Status: AB 394 awaits consideration in the Senate Environmental Quality and the Senate Natural Resources & Water Committee. RCRC Position: Support

Assembly Bill 1080 (Gonzalez)/Senate Bill 54 (Allen): Circular Economy and Plastic Pollution Reduction. AB 1080/SB 54 requires manufacturers and retailers to reduce the waste associated with single use packaging and products 75 percent by 2030, requires the state to set standards for what is considered recyclable and compostable, and promotes the development of in-state manufacturing that uses recycled materials. Status: AB 1080/SB 54 awaits action in its respective houses (Second Reading File).  RCRC Status: Support

Assembly Bill 1144 (Friedman): Self-Generation Incentive Program. Assembly Bill 1144 requires the California Public Utilities Commission to establish pilot projects to install energy storage systems to back up critical infrastructure in high-fire threat districts.  Status: AB 1144 67 awaits consideration in the Senate Energy, Utilities & Communications Committee and the Senate Appropriations Committee. RCRC Position: Support

Assembly Bill 1236 (Lackey): Public Resources: Greenhouse Gases. Assembly Bill 1236 seeks to increase in-state recycling and help local governments comply with Senate Bill 1383 organic waste recycling mandates by, among other things, requiring CalRecycle to develop a program environmental impact report for compost facilities, thereby reducing costs, delays, and the risk of litigation for those projects.  Status: AB 1236 failed passage in the Assembly Appropriations Committee. RCRC Position: Support

Assembly Bill 1516 (Friedman): Fire Prevention: Defensible Space Fuel Reduction. Assembly Bill 1516 would make various changes to improve California’s fire prevention policies including its defensible space requirements. Status: AB 1516 awaits action by the Assembly (Second Reading File).  RCRC Position: Support

Senate Bill 62 (Dodd): Endangered Species: Accidental Take. Senate Bill 62 extends the sunset date on a provision allowing an “accidental take” of candidate, threatened, or endangered species resulting from acts that occur on a farm or a ranch in the course of otherwise lawful routine work. Status: SB 62 awaits consideration in the Assembly Water, Parks & Wildlife Committee. RCRC Status: Support

Senate Bill 209 (Dodd): California Wildfire Warning Center: Weather Monitoring. Senate Bill 209 establishes the California Wildfire Warning Center, a statewide network of automated weather and environmental monitoring stations to conduct fire weather forecasting and threat assessment to aid in wildfire prevention and response.  Status: SB 209 awaits action by the Senate (Third Reading File). RCRC Position: Support

Senate Bill 462 (Stern): Community Colleges: Forestland Restoration Workforce. Senate Bill 462 would require the Chancellor's Office of the California Community Colleges, working in collaboration with the Academic Senate for California Community Colleges, to establish a model curriculum for a forestland restoration workforce program that could be offered at campuses of the California Community Colleges. Status: SB 462 awaits action by the Senate (Third Reading File). RCRC Position: Support

Senate Bill 724 (Stern): California Beverage Container Recycling and Litter. Senate Bill 724 makes a number of changes to the California Beverage Container Recycling and Litter Reduction Act (commonly known as the Bottle Bill).  In addition to providing regulatory relief to retailers, the bill adjusts payments and incentives to stabilize existing recycling businesses and bring more recyclers to rural and unserved areas. Status: SB 724 failed passage Senate Appropriations Committee. RCRC Position: Support