The Barbed Wire - April 17, 2015

April 17, 2015
Two-Year SRS Reauthorization Signed Into Law
Napa County Wins Ruling Regarding Tribal Lands
Senator Beall Introduces Comprehensive Transportation Proposal
House to Conduct Hearing on Tribal Acknowledgment
House Bill Introduced to Stop EPA Waters of the U.S. Rule
House Appropriations Committee Releases First Two Appropriations Bills
BULLETIN BOARD
LEGISLATIVE UPDATE

Two-Year SRS Reauthorization Signed Into Law

In a huge win for counties, the U.S. Senate passed and President Obama signed into law H.R. 2, the Medicare Access and CHIP Reauthorization Act of 2015, more commonly referred to as the “Doc Fix”. The California Congressional Delegation Roll Call Vote can be accessed here.  Although the primary purpose of the Doc Fix bill is to restructure Medicare reimbursements, the measure also includes provisions that provide a two-year extension to the Secure Rural Schools and Self-Determination Act (SRS) and an extension of the current payment rate scheme for ambulance services in rural areas when transporting Medicare recipients.  SRS provides critical funding to local governments and school districts to mitigate the reduction of timber harvesting production authorized on federal forest lands.  The SRS extension is estimated to provide California counties and school districts approximately $27.3 million in 2014 and $25.9 million in 2015.  

In light of the two-year reauthorization of the SRS program, RCRC will now shift our federal advocacy efforts to focus on long-term reauthorization of the Federal Payment In-Lieu of Taxes (PILT) program.  Prior to the 113th Congress adjourning last December, Congress authorized $450 million in short-term funding to counties under the Federal PILT program for 2015.  RCRC will advocate for Congress to enact a multi-year reauthorization of Federal PILT before the end of the federal government’s fiscal year on September 30th.  RCRC will also be advocating for long-term forestry reform.  It is expected that later in the year the House of Representatives will consider a comprehensive forestry reform measure that could act as a replacement for SRS.

Earlier this year, RCRC initiated a multi-pronged advocacy and media strategy, which included passage of local county resolutions urging Congress to pass long-term extensions of both the SRS and Federal PILT programs.  To date, 27 rural counties have adopted SRS Resolutions and 28 rural counties have adopted federal PILT Resolutions.  RCRC’s press release on the two-year reauthorization can be accessed here.

Napa County Wins Ruling Regarding Tribal Lands

Recently, arguments made by Napa and Sonoma Counties proved successful when U.S. District Court Judge Edward Davila ruled against a group claiming to be descendants of Mishewal Wappo Indians of Alexander Valley (Wappo) who sued the federal government in 2009 seeking status restoration and placement of unidentified Napa County lands into federal trust as tribal lands.  The court agreed with the counties and the federal government that the Wappo waited 40 years too late to bring its lawsuit when the statute of limitations is only six years.  The litigation stemmed from the 1959 termination of the Alexander Valley Rancheria, which was located in Sonoma County.  

The ruling is noteworthy in that it continues to keep casino style gaming out of Napa County, and protects those sought lands from being exempted from local and state regulations.  The ruling also shows that there are limits to the latitude that will be granted to tribes.  Napa County officials expressed gratitude to the federal government for its continuing efforts to scrutinize and verify all historical records of modern groups wanting to become federally recognized Native American tribes and taking Napa lands into trust.

“The end result of this ruling is very important because it ensures local lands continue to be protected, and upholds the agricultural preserve and watershed lands that we hold so dearly,” said Diane Dillon, RCRC Delegate and Chair of the Napa County Board of Supervisors.  “It also makes certain that the voice of Napa County residents is heard, and their years of efforts are not dismissed.”

As Congress grapples with the issues of fee-to-trust and tribal acknowledgement issues, precedent-setting cases like this one are critically important in how tribal issues will be implemented in rural communities across California.

Senator Beall Introduces Comprehensive Transportation Proposal

Responding to Governor Jerry Brown’s call for increased transportation revenues to help address the annual State and local transportation maintenance backlog, Senator Jim Beall (D-San Jose), Chair of the Senate Transportation and Housing Committee, unveiled Senate Bill 16, his comprehensive transportation funding proposal.  SB 16 is estimated to raise approximately $3 - $5 billion in new transportation revenues through various increases in fees and taxes on a variety of transportation funding sources.  Senator Beall’s transportation proposal seeks to increase the efficiency and effectiveness of the state and local transportation system, while helping to address the approximate annual $6 billion State and $8 billion local transportation maintenance backlog.  

The following components are included in SB 16:

  • Truck Weight Fees: phase-in a redirection of truck weight fees over 5 years ($1 billion in truck weight fees are currently being diverted to the State General Fund to pay debt service associated with Proposition 1B, the transportation funding bond approved in 2006);
  • Gas Tax: increase the gas tax by $0.10 per gallon (the current state excise tax rate is $0.36 per gallon, starting July 1, 2015 the excise tax rate will be $0.30 per gallon);
  • Diesel Gas Tax: increase the diesel excise tax by $0.12 per gallon.  Ten cents of the increase would fund the state and local transportation system, and the remaining two cents would fund the Trade Corridors Improvement Fund (TCIF) for freight mobility (the current state diesel sales tax is $0.27 per gallon);
  • Vehicle License Fee: phase in an increase to the VLF over 5 years, and direct these revenues to the State General Fund to backfill the loss of truck weight fees (the current VLF is 0.65% - the proposal would ultimately take it to 1.00%);
  • Vehicle Registration Fee: increase the VRF $35 annually (the current base VRF is $46); and,
  • Zero Emission Vehicles: assess a $100 VRF in addition to the proposed $35 increase in the VRF on all zero emission vehicles, which are currently not paying into the state and local transportation system.

These new transportation revenues (with the exception of the VLF increase) are proposed to be split evenly between the State and local governments, with 5 percent off the top reserved as a set-aside for Self-Help Counties – those jurisdictions that have enacted local revenue sources for transportation.  The remaining 47.5 percent local government share would be divided equally between cities and counties for local streets and roads.  The State share of the revenues would be directed to the State Highway Operation and Protection Program (SHOPP), which rural communities tend to benefit from as segments of state highways are often the main thoroughfare within their jurisdiction.

House to Conduct Hearing on Tribal Acknowledgment

The House Indian Affairs Subcommittee will conduct an oversight hearing on April 22, 2015 on the proposed tribal acknowledgment rule.  The hearing follows a bipartisan letter sent last month from five Members of Congress to Department of the Interior Secretary Sally Jewell, raising concerns about the potential impact of the rule that could recognize dozens of new Indian tribes across the country.  The Interior Department’s Bureau of Indian Affairs proposed a rule last year that reduces the criteria and paperwork required to gain federal recognition as a tribe.  The proposed rule also expedites the consideration of applications and the process to appeal decisions unfavorable to tribal applicants.  RCRC submitted comments regarding the proposed acknowledgement rule, outlining key concerns regarding the role of counties in any new process.  RCRC intends to re-submit those comments to the committee.  A copy of RCRC’s comments can be accessed here.

House Bill Introduced to Stop EPA Waters of the U.S. Rule

On Monday, Rep. Bill Shuster (R-PA) and other members of Congress introduced H.R. 1732, the Regulatory Integrity Protection Act of 2015 (also known as the RIP Act), to force the Environmental Protection Agency (EPA) and U.S. Army Corps of Engineers (Corps) to withdraw their joint rule redefining “Waters of the United States” (WOTUS).  The bill was quickly heard in House Transportation and Infrastructure Committee Markup on Wednesday, where it passed with a bipartisan majority.  

Congressional leaders have been steadfast in their opposition to the EPA WOTUS rule since it was released to the public in April 2014, with past attempts to block the rule including budget riders to stop implementation funding and numerous hearings questioning EPA, the Corps, and the intent of the rule.  Many stakeholders, including RCRC, oppose the rule as an inappropriate expansion of federal jurisdiction over waterways that have no significant nexus to federal waters.  The RIP Act would require EPA and the Corps to withdraw the rule and redraft it with greater consideration and consultation with stakeholders such as local and state governments, agricultural interests, and other groups impacted by the rule.  

RCRC supports the RIP Act and will be formally supporting the bill as it moves through the Congressional process.  For more information on the RIP Act, visit the House Transportation and Infrastructure Committee website, accessed here.

House Appropriations Committee Releases First Two Appropriations Bills

This week, the House Appropriations Committee released the first two of twelve appropriations bills for Fiscal Year 2016.  The first bill funds federal Energy and Water programs for Fiscal Year 2016, and appropriates funds for the Department of Energy and Army Corps of Engineers, among other agencies.  The bill also contains legislative language aimed at halting the ongoing Waters of the United States Rule.  The second appropriations bill is the Military Construction and Veterans Affairs Appropriations bill, which contains funding to house, train, and equip military personnel, provide housing and services to military families, and help maintain base infrastructure.  The bill also funds veterans’ benefits and programs.  

Both bills were approved at the subcommittee level this week, with full committee consideration likely to follow shortly.  House and Senate Republicans have expressed a desire to follow “regular order” for the twelve appropriations bills, enacting each one separately instead of relying on a large omnibus bill, as has most often been the case in recent years. 

BULLETIN BOARD

Natural Resources Agency: Environmental Enhancement and Mitigation Program

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HCD: CDBG Procurement and Contracting Training Workshops

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Basin Boundary Revision Regulations Listening Sessions

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National Park Week Kickoff – Free Admission to Parks April 18-19, 2015

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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.  Click “Read More” to access information related to the current status of legislation impacting California’s rural counties.  

AB 46 (Lackey): Controlled Substances.  Assembly Bill 46 would restore the criminal penalties for possession of “date rape” substances (commonly referred to as GHB) that were in place prior to the passage of Proposition 47.  Status: AB 46 gained passage in the Assembly Public Safety Committee and awaits consideration in the Assembly Appropriations Committee.  RCRC Position: Support

AB 150 (Melendez): Theft: Firearms.  Assembly Bill 150 would restore criminal penalties associated with stealing a firearm that were in place prior to the passage of Proposition 47.  Status: AB 150 is on suspense in the Assembly Appropriations Committee.  RCRC Position: Support

AB 156 (Perea): Global Warming Solutions Act of 2006: Investment Plan.  Assembly Bill 156 would require the Greenhouse Gas Reduction Fund (GGRF) Investment Plan to allocate technical assistance funds to the Air Resources Board (ARB) to assist disadvantaged communities in developing GHG reduction project funding proposals.  Status: AB 156 gained passage in the Assembly Natural Resources Committee.  RCRC Position: Oppose

AB 366 (Bonta): Medi-Cal Reimbursement: Provider Rates.  The 2011-12 State Budget cut rates to a variety of Medi-Cal providers including Distinct Part/Skilled Nursing Facilities (DP/SNFs), pharmacies, and other fee-for-service Medi-Cal activities by 10 percent off of the 2008 reimbursement rates.  Assembly Bill 366 would repeal the implementation of prior year Medi-Cal provider rate reductions, including the 10 percent reduction.  Status: AB 366 gained passage in the Assembly Health Committee.  RCRC Position: Support

AB 452 (Bigelow): Water Rights Fund: Groundwater Regulation Subaccount.  Assembly Bill 452 would establish the Groundwater Regulation Subaccount (Subaccount) within the existing Water Rights Fund.  AB 452 specifies that the monies in the Subaccount are available, upon appropriation by the Legislature, to the State Water Board (Board) for the purpose of Board enforcement of the provisions of the Act and also specifies that the money in the Water Rights Fund shall not be available for expenditure by the Board for the purpose of the Act.  Status: AB 452 failed passage in the Assembly Water, Parks and Wildlife Committee.  Reconsideration granted.  RCRC Position: Support

AB 453 (Bigelow): Groundwater Management.  Assembly Bill 453 would allow an existing groundwater management plan to be amended until a Groundwater Sustainability Plan (GSP) is adopted under the Sustainable Groundwater Management Act (SGMA).  Status: AB 453 gained passage in the Assembly Water, Parks and Wildlife Committee.  RCRC Position: Support

AB 590 (Dahle): Greenhouse Gas Reduction Fund.  Assembly Bill 590 would establish the Biomass State Cost Share Account within the Greenhouse Gas Reduction Fund (GGRF).  Status: AB 590 gained passage in the Assembly Natural Resources Committee.  RCRC Position: Support 

AB 896 (Wagner): 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 gained passage in the Assembly Local Government Committee and awaits final consideration on the Assembly Floor.  RCRC Position: Support

AB 936 (Salas): Groundwater Monitoring.  Assembly Bill 936 would authorize the Department of Water Resources (DWR) to exempt an entity from the water loan and grant eligibility restriction if the entity submits to DWR for approval documentation demonstrating that there are special circumstances justifying the entity’s noncompliance, including that a significant portion of the entity’s service area qualifies as a disadvantaged community and that the water grant or loan project includes those actions needed to comply with groundwater monitoring functions.  Status: AB 936 gained passage in the Assembly Water, Parks and Wildlife Committee.  RCRC Position: Support

AB 938 (Salas): Groundwater: Basin Reprioritization: Establishment of Groundwater Sustainability Agency.  Assembly Bill 938 would clarify that a combination of local agencies can also establish a Groundwater Sustainability Agency (GSA) which is consistent with the Sustainable Groundwater Management Act and the initial formation of a GSA.  Status: AB 938 gained passage in the Assembly Water, Parks and Wildlife Committee.  RCRC Position: Support

AB 1119 (Rendon): Public Utilities: Rights of Way.  Assembly Bill 1119 would 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 Utilities and Commerce Committee and now awaits consideration in the Assembly Local Government Committee.  RCRC Position: Support

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 awaits consideration in the Senate Transportation and Housing Committee.  RCRC Position: Watch

SB 122 (Jackson): California Environmental Quality Act: Record of Proceedings.  Senate Bill 122 would 1) create an Office of Planning and Research managed electronic database for the collection, storage, retrieval, and dissemination of environmental documents, notices of exemption, notices of preparation, notices of determination, and notices of completion; 2) clarify the process for concurrent preparation of the record; and 3) express intent to create a new comment period on the final environmental impact report.  Status: SB 122 gained passage in the Senate Environmental Quality Committee.  RCRC Position: Concerns

SB 208 (Lara): Integrated Regional Water Management Plan: Advanced Payment.  Senate Bill 208 would establish a process that would require the state agency administering the Integrated Regional Water Management grant funding to provide 50 percent of the funding in advance if the project proponent is a non-profit organization or a disadvantaged community, or the project would benefit a disadvantaged community and the grant for the project is less than one million dollars.  Status: SB 208 gained passage in the Senate Environmental Quality Committee.  RCRC Position: Support

SB 234 (Wolk and Nielsen): Wildlife Management Areas: Payments.  Senate Bill 234 would make an appropriation of $19 million from the General Fund to the Department of Fish and Wildlife to pay the arrears in payment in lieu of taxes owed to 36 counties.  Status: SB 234 was placed on the Senate Appropriations Committee Suspense File.  RCRC Position: Sponsor/Support

SB 243 (Hernandez): Medi-Cal Reimbursement: Provider Rates.  The 2011-12 State Budget cut rates to a variety of Medi-Cal providers including Distinct Part/Skilled Nursing Facilities (DP/SNFs), pharmacies, and other fee-for-service Medi-Cal activities by 10 percent off of the 2008 reimbursement rates.  Senate Bill 243 would repeal the implementation of prior year Medi-Cal provider rate reductions, including the 10 percent reduction.  Status: SB 243 gained passage in the Senate Health Committee.  RCRC Position: Support 

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 gained passage in the Senate Governance and Finance Committee and awaits consideration in the Senate Appropriations Committee.  RCRC Position: Support