The Barbed Wire - April 18, 2014

April 18, 2014
Hearing on Mining Legislation Delayed
Groundwater Workshop Held
Field Poll Highlights State’s Water Shortage Crisis
Partisan Differences Arise on Home-to-School Transportation Fix
CA Fish and Game Commission Delays Decision on Gray Wolf ESA Listing
U.S. Sentencing Commission Takes Action on Trespass Marijuana Grows
Environmental Goals and Policy Report Public Workshops Scheduled
Temporary Urgency Change Petition Workshop Scheduled

Hearing on Mining Legislation Delayed

The Senate Natural Resources and Water Committee (Committee) has rescheduled the SB 1270 (Pavley) hearing from April 22, 2014 to April 29, 2014. SB 1270 proposes various changes to the authority over surface mining operations under SMARA.  The bill, authored by the Committee Chair, would strip local government authority to inspect surface mine operations and verify reclamation bonds. 

Substantial amendments to the bill are expected prior to that hearing, but have yet to be included in the bill.  The latest information regarding SB 1270 will be discussed at RCRC's Board Meeting next week.

RCRC’s SB 1270 joint opposition letter can be accessed here. The text of SB 1270 can be accessed here.

For additional information, please contact RCRC Legislative Advocate Cyndi Hillery at (916) 447-4806 orchillery@rcrcnet.org.

Groundwater Workshop Held

On Wednesday, various proposals to strengthen groundwater management throughout the state were presented at workshop in Sacramento.  Administration officials from the State Water Resources Control Board, the Governor’s Office of Planning and Research, CalEPA, the Department of Food and Agriculture, and the Department of Water Resources followed each presentation with comments and questions.  The purpose of the workshop was to inform the Administration as they consider the content of groundwater management legislation. 

The Association of California Water Agencies (ACWA) presented their recently released groundwater management recommendations at the workshop, and Lester Snow, Executive Director of the California Water Foundation (CWF), gave a preview of what will be contained in the CWF recommendations, which will be finalized on April 25.  Robert Reeb, Executive Director of the Valley Ag Water Coalition, presented highlights of his coalition's legislative proposal regarding groundwater management, and Jonas Minton, Water Policy Advisor for the Planning and Conservation League, discussed a set of principles and an implementation framework.  The National Heritage Institute was not present at the workshop, but did submit a written proposal.  

The various proposals can be accessed here. RCRC’s comments presented at the workshop can be accessed here.

For additional information, please contact RCRC Legislative Advocate Kathy Mannion at (916) 447-4806 orkmannion@rcrcnet.org.

Field Poll Highlights State’s Water Shortage Crisis

Earlier this week, the Field Research Corporation released a report on California’s water shortage, showing data that nearly all voters describe the State’s water shortage as serious; most believe agricultural users can reduce water use by changing crops and using water more efficiently; and many support voluntary cutbacks over mandatory rationing. The Field Poll surveyed 1,000 registered voters in California. 

Voters are divided when asked whether the state should be allowed to bypass existing environmental regulations protecting fish if farmers and residents face serious shortages during dry years, and there is no consensus about whether the current situation is due more to a lack of storage and supply facilities, or the efficient use of existing supplies. The Field Poll can be accessed here.

For additional information, please contact RCRC Legislative Advocate Kathy Mannion at (916) 447-4806 orkmannion@rcrcnet.org.

Partisan Differences Arise on Home-to-School Transportation Fix

With Republicans typically representing rural areas, and Democrats typically representing more urban areas, the need to reform Home-to-School funding is a priority for members on both sides of the aisle. As a result of Proposition 13, HTST allocations have essentially been frozen at rates from the early 1980’s. In addition, the HTST program was cut by an additional 20 percent during the 2008-09 Budget year due to the state’s severe Budget deficit. As such, many believe this is the year when a permanent solution needs to be found for the HTST funding formula. 

During the Senate Education Committee hearing last week, it became clear that Senate Democrats and Republicans have different perspectives on the appropriate fix for HTST funding.  The old formula was based on antiquated population data, school district size and geography, and other out dated criteria.  The result is a patchwork of reimbursement rates whereby one school district may be receiving less than 10 percent of their total costs for HTST, while an adjacent district may be receiving more than 30 percent.

RCRC supported SB 1166 (Vidak) which would have scrapped the old formula, and provided each district with 100 percent reimbursement for HTST costs.  However, despite Republican support, this bill failed passage in Senate Education Committee.  The Committee opted instead for SB 1137 (Torres), a bill providing a 50 percent reimbursement rate.

While RCRC certainly preferred the 100 percent reimbursement rate option, a flat 50 percent reimbursement is still significantly higher than the rate enjoyed by districts under the existing system.  Additionally, SB 1137 equalizes the funding formula, stripping away the arcane and confusing system that now treats districts differently from one another.  RCRC will support this measure as it moves forward, while continuing to push for a higher level of reimbursement as envisioned by the Vidak effort.

RCRC’s SB 1166 support letter can be accessed here. The text of SB 1166 can be accessed here. The text of SB 1137 can be accessed here.

For additional information, please contact RCRC Legislative Advocate Cyndi Hillery at (916) 447-4806 orchillery@rcrcnet.org.

CA Fish and Game Commission Delays Decision on Gray Wolf ESA Listing

On Wednesday, the California Fish and Game Commission (Commission) entertained public comment on whether or not the gray wolf should be listed as a threatened or endangered species under the California Endangered Species Act (ESA).  The item was heard in response to a March 2012 petition from the Center for Biological Diversity to list the gray wolf as endangered. The Commission ultimately decided to delay a decision to a future meeting. 

In response to the initial petition, the Commission declared the wolf a candidate species for listing in late 2012, which launched a year-long review of the species by the California Department of Fish and Wildlife (DFW).  The review resulted in the DFW recommending against listing the species as threatened or endangered in February 2014. This result has been supported by several ranching and wild game organizations.  After nearly two hours of public comment, the Commission decided to defer a decision for 90-days to collect additional public comment.  The Commission will take additional oral comments at its June 04, 2014 meeting and hold a subsequent, special meeting in July to make a final decision.

The gray wolf is currently under consideration for delisting from the federal Endangered Species list due to its repopulation in other states.  California has not had a sustained gray wolf population in decades, and there are no plans to reintroduce the species in the near future.  The DFW is currently working on the California Wolf Plan for managing the possible wolf repopulation in California, particularly because of its potential effects on ranching and game animals. The DFW plans to complete the plan by the end of 2014.

Written comments can be submitted to the Commission at fgc@fgc.ca.gov.  For more information, the Commission’s regulations webpage can be accessed here.

For additional information, please contact RCRC Regulatory Affairs Advocate Staci Heaton at (916) 447-4806 orsheaton@rcrcnet.org.

U.S. Sentencing Commission Takes Action on Trespass Marijuana Grows

Earlier this week, Congressmen Jared Huffman (D-San Rafael), Mike Thompson (D-St. Helena), Sam Farr (D-Carmel), and Doug LaMalfa (R-Richvale) announced that the United States Sentencing Commission (Commission) took action against illegal marijuana cultivation on public and private lands by increasing penalties for high-level offenders.  In California’s rural counties, illegal marijuana proliferation is rampant, and has been associated with major environmental impacts, including water pollution, illegal water diversion, illegal use of fertilizers, and un-regulated logging. 

Responding to these issues, RCRC joined Congressional members and California’s U.S. Senators Barbara Boxer and Dianne Feinstein urging the Commission to adopt increased sentencing penalty standards, a move which RCRC believes would help curb illegal marijuana grows, and help prevent the long-term detrimental environmental and health impacts they pose to our local communities.  The new sentencing standards will be sent to Congress by May 1, 2014.  If Congress does not take action against the new sentencing standards, they will officially go into effect on November 1, 2014.

RCRC’s comment letter to the Commission can be accessed here.

For additional information, please contact RCRC Senior Legislative Advocate Paul A. Smith at (916) 447-4806 orpsmith@rcrcnet.org.

Environmental Goals and Policy Report Public Workshops Scheduled

The Governor’s Office of Planning and Research (OPR) has announced dates for its final public workshops on its Environmental Goals and Policy Report (EGPR). The OPR released its EGPR in September 2013, and held initial workshops throughout the state. 

The EGPR takes a 20-30 year look into the future, summarizing the state’s environmental goals, and identifying the programs and policies needed to meet them. The report lays out a vision for the state’s future, and identifies five cross-cutting goals that are critical for achieving that vision:

-       Decarbonizing the state’s energy and transportation systems;

-       Conserving and stewarding the state’s natural resources;

-       Building climate resilience into all policies and investments;

-       Supporting sustainable regions and communities; and

-       Improving cross-agency coordination and data availability.

The EGPR can be accessed here. Detailed information on the workshops can be accessed here. Comments on the EGPR will be accepted through May 16, 2014, and can be submitted to ca.50m@opr.ca.gov.

Temporary Urgency Change Petition Workshop Scheduled

The State Water Resources Control Board (SWRCB) is tentatively planning to hold a workshop on May 6, 2014 on a Temporary Urgency Change Petition (TUCP), and subsequent requests for modification, filed by the California Department of Water Resources and United States Bureau of Reclamation, to modify Delta flow and water quality requirements of the State Water Project and Central Valley Project (Projects). 

The SWRCB’s Executive Director conditionally approved a January 29, 2014 TUCP on January 31, 2014.  The Petitioners submitted requests to modify the Order approving the TUCP resulting in subsequent modifications to the Order by the Executive Director on February 7, February 28, March 18, April 9, and April 11, 2014.  The April 9 and April 11 modifications addressed some of the proposed changes included in the Petitioners’ April 8, 2014 Drought Operations Plan (DOP).  The SWRCB’s Executive Director intends to issue an Order on or about May 1, 2014 addressing other changes included in the DOP, and objections to the TUCP Order received to date.

At the workshop, the upcoming Executive Director Order and any changes that should be made to it will be discussed, including whether the Order adequately addresses issues previously raised in objections and petitions for reconsideration.  While a quorum of the members of the SWRCB may be present at the workshop, this will be an informational workshop only.  Following the workshop, the SWRCB may then reconsider the Order on its own motion based on information received at the workshop, or as a result of petitions for reconsideration by others. 

The SWRCB will issue a public notice with the exact time and place of the workshop in the near future.  Further information concerning the TUCP can be accessed here.

Questions regarding the workshop should be directed to Michael Buckman at (916) 341-5448 ormichael.buckman@waterboards.ca.gov, or Diane Riddle at (916) 341-5297 or diane.riddle@waterboards.ca.gov.