The Barbed Wire - April 22, 2016

Glenn County Hosts RCRC Board of Directors Meeting

RCRC Chair and Glenn County Supervisor John Viegas hosted the April 2016 Board of Directors meeting in Glenn County this week.  The two-day event included a tour of the Omega Walnut, Inc. facility, and a visit to the Thunderhill Raceway Park.  

As is tradition, the RCRC Chair hosts a Board of Directors meeting in their county during their tenure.  The event concluded with the April Board of Directors meeting held Thursday morning in Willows.

RCRC Member Supervisors Testify in Support of Senate Bill 1345

Earlier this week, RCRC Member Supervisors Lee Adams (Sierra) and Matt Kingsley (Inyo) testified in support of Senate Bill 1345 (Berryhill) which would continue Inyo County’s pilot project to allow for ‘combined-use’ vehicles on county roads.  The bill would have also added Sierra County to the pilot.  

This pilot allows Off-Highway Vehicles (OHV) to utilize public right-of-ways for up to ten miles in order to provide an Adventure Trail system within each county.  While the bill gained passage in the Senate Transportation & Housing Committee, Sierra County was removed from the bill, meaning that SB 1345 only continues Inyo County’s program for an additional three years.  The measure will now be review in the Senate Appropriations Committee next month. ‪

RCRC’s support letter can be accessed here.

RCRC Sponsors NFIB’s Annual Day at the Capitol

RCRC sponsored the National Federation of Independent Business’s (NFIB) California Day at the Capitol earlier this week.  The event included a presentation on “The Fiscal State of California” from State Treasurer John Chiang, and commentary from Senator John Moorlach (R-Costa Mesa) and Assembly Member Brian Jones (R-Santee).  

The program concluded with a presentation from NFIB California Legislative Director Ken DeVore titled “The Good, The Bad, and The Ugly” related to current legislation and impacts to the California business climate.  The annual list of bills topping NFIB California’s legislative priorities can be accessed here.

LAO Analysis Shows Waste Diversion, Forest Health Among Most Cost Effective for GGRF Spending

The Legislative Analyst’s Office (LAO) has released an analysis of the Administration’s report on spending from the Greenhouse Gas Reduction Fund through 2015, which is the fund that collects revenues from the Assembly Bill 32 Cap-and-Trade program.  While the Administration reports reducing more than 14 million metric tons of greenhouse gases (GHG) with the programs funded to date, the LAO analysis asserts that the cost of those reductions is relatively high, averaging $57 in revenue to reduce each ton of GHG.  The analysis also notes that the cost per ton is more than $100 for more than half of the programs, with the most costly including energy efficiency and transportation programs.  

The LAO did note that forest health and waste diversion projects are among the cheapest programs to fund, costing around $4 per ton of GHG reduction.  RCRC has strongly advocated for spending GGRF funds on waste diversion and forest health programs since the funds were first made available for appropriation in the 2014-15 fiscal year, particularly in light of the strict waste diversion goals set by the state and the dire need for better management of the state’s forested lands to prevent high severity wildfires and address the urgent tree mortality situation. 

The LAO analysis was also a major topic during Wednesday’s Assembly Budget Subcommittee 3 on Resources and Transportation, which heard a number of GGRF budget allocation proposals for various state agencies, including CAL FIRE and CalRecycle.  Subcommittee members, including Assembly Member Das Williams and Assembly Member Rich Gordon, expressed support for funding programs that are not only low cost, but also may not need funding in perpetuity such as infrastructure for waste diversion.  While the items were held open, subcommittee members were generally receptive to the Governor’s proposed allocations to both CalRecycle and CAL FIRE because of the LAO cost analysis.

The LAO analysis can be accessed here.

U.S. Fish and Wildlife Service Withdraws Fisher ESA Listing

The U.S. Fish and Wildlife Service (USFWS) has withdrawn its proposed listing of the West Coast Distinct Population Segment of fisher, a small mammal that occupies habitat in California, Oregon, and Washington, as threatened under the federal Endangered Species Act (ESA).  

The listing was originally proposed in October 2014 after receiving a number of petitions and challenges for listing from a number of environmental groups, including the Center for Biological Diversity.  A listing under the ESA would have triggered critical habitat designations and other restrictions on land use planning and other processes that could have severely impacted county governments.  

The 2014 listing proposal asserted that fishers were both losing habitat due to such disturbances as severe wildfire, while declining in number due to stressors such as rodenticide ingestion from illegal cannabis cultivation activities.  The proposal sought public input on the scope and severity of the species decline to aid the USFWS in determining whether to proceed with the listing process.  After receiving public comment through May 2015 from stakeholders, including RCRC, the USFWS has determined that the fisher population under consideration is not in danger of extinction anytime in the foreseeable future, and does therefore not meet the definition of threatened or endangered under the Act.

The official withdrawal of the proposed listing in the Federal Register can be accessed here.

Federal Rural Broadband Funding Announced

This week, United States Department of Agriculture Secretary Tom Vilsack announced the availability of roughly $12 million in rural broadband funding through the Community Connect grant program.  The Community Connect program is administered by the Rural Utilities Service and helps to fund broadband deployment in rural communities where rural broadband deployment is often too costly to incentivize the private sector to provide the service.  

Community Connect grants can be used to fund the construction, acquisition, or leasing of facilities, spectrum, land or buildings used to deploy broadband service.  Local governments are listed among those eligible to compete for funding, with a minimum grant of $100,000 and a maximum grant of $3 million.  Applications are due June 17, 2016. 

Detailed information on the Community Connect program can be accessed here.

Update on the Active Transportation Program

The California Department of Transportation (Caltrans) and the California Transportation Commission (CTC) recently announced that the opening of the application period for the Active Transportation Program (ATP) Cycle 3.  

Caltrans will be hosting a statewide webinar and in-person meeting to assist applicants in navigating and completing the ATP Cycle 3 application, and to discuss key elements of the guidance documents.  The meeting/webinar is scheduled on Wednesday, April 27, 2016 from 9:30 AM – 11:30 AM.  Those interested in attending the in-person meeting taking place in Marysville, are requested to RSVP to Mary Hartegan at mary.hartegan@dot.ca.gov.  Participation in the in-person meeting is limited to the first 50 to RSVP.  To participate in the webinar component of the meeting, please click here at the scheduled meeting time.  No advanced registration is required to participate in the webinar; however, participation is limited to the first 200 people. 

Additional information on ATP Cycle 3 is available here. 

Senate Passes FAA Reauthorization Bill

On Tuesday, the Senate voted 95-3 to pass H.R. 636, the Federal Aviation Administration (FAA) Reauthorization bill.  The bill provides $33.1 billion for aviation programs and would reauthorize FAA through FY 2017.  

The bill was debated for more than 2 weeks with nearly 20 amendments added to the final bill, including amendments on aviation security measure in response to the March terrorist attacks in Brussels.  RCRC recently adopted a support position on the Senate FAA reauthorization proposal due to provisions that support general aviation airports and strengthen rural passenger air service, including the following:

• Increases the authorization level for the Airport Improvement Program (AIP) from $3.35 billion to $3.75 billion in FY 2017
• Authorizes the Essential Air Service (EAS) program at $155 million in FY 2016 and FY 2017
• Authorizes $10 million in FY 2016 and FY 2017 for the Small Community Air Service Redevelopment (SCASD) program

The bill now moves to the House where the chamber has until the current FAA authorization expires on July 15 to act on the Senate version of the bill or passes its own measure.

Senate Transportation Appropriations Bill Moves Forward

On Thursday, the Senate Appropriations Committee approved its FY 2017 Transportation, Housing, and Urban Development (THUD) appropriations bill by a vote of 30-0.  The bill provides $16.9 billion for the U.S. Department of Transportation (DOT) and $39.2 billion for the U.S. Departments of Housing and Urban Development (HUD).  

With the amount provided to transportation, $44 billion is provided from the Highway Trust Fund to spend on the Federal-aid Highways program, consistent with the FAST Act, $16.4 billion for the Federal Aviation Administration (FAA), $1.7 billion for the Federal Railroad Administration (FRA), and $12.3 billion for the Federal Transit Administration (FTA). 

Senate Majority Leader Mitch McConnell (R-KY) is pushing to move as many appropriations bills to the Senate floor as quickly as possible.  Floor action on the THUD bill is expected in early May.

Senate WRDA Reauthorization Bill Expected Next Week

Yesterday, Senate Environment and Public Works Chairman Jim Inhofe (R-OK) stated that he expects a Senate Water Resources Development Act (WRDA) reauthorization bill to be ready for introduction early next week.  WRDA bills, which authorize Army Corps of Engineers projects and polices, are supposed to come out every two years, but passage of the legislation has been irregular over the past decade. 

The legislation could become a vehicle for aid for the Flint, Michigan water crisis.  Efforts to attach a $220 million deal for the city to Senate energy legislation fell through in recent weeks.  The House is also working on its WRDA text, which House Transportation and Infrastructure Chairman Bill Shuster (R-PA) said would be a "pamphlet" light on policy initiatives.

House, Senate Energy and Water Appropriations Bills Moving Forward

This week, the House Appropriations Committee approved its FY 2017 Energy and Water (E&W) spending bill by voice vote.  The $37.4 billion measure would block the administration from implementing its recent Clean Water Act jurisdictional rule and boost funding for the Army Corps of Engineers to a record $6.1 billion -- $100 million more than the fiscal year 2016 enacted level.  

In addition, the House measure includes provisions to allow flexibility in the operations of California’s major water projects, relaxing water-saving restrictions in periods of heavy rainfall.  House floor action on the E&W spending bill could occur as early as next week.  The Senate is considering their version of the FY 2017 Energy and Water appropriations measure on the floor.  Senate Leaders are planning to require 60 votes to attach any amendments to the measure in a bid to ensure bipartisan backing.  Sen. Debbie Stabenow (D-MI) had been threatening to add $220 million in emergency aid for the city of Flint to the E&W spending bill, but announced yesterday she has dropped that effort and will look for another vehicle to push her Flint aid package. 

Office of Sustainable Water Solutions Announces a New Technical Assistance Request Form

With the State Water Board’s new Proposition 1 (Prop 1) Technical Assistance (TA) Program, the Office of Sustainable Water Solutions (OSWS) will be administering additional TA resources geared toward helping small disadvantaged communities develop projects/funding applications for the following Prop 1 funding programs: drinking water, wastewater, storm water, and groundwater quality.  

It is anticipated that Prop 1 TA providers will offer new assistance options like engineering, environmental, and legal services.  Additional information about the types of TA that will be available through Prop 1 can be accessed here.  

CTC Releases Recommendations for Cuts to Transportation Projects

Earlier today, California Transportation Commission staff released their recommendations for specific transportation projects to be deprogrammed, delayed, or removed from the State Transportation Improvement Program (STIP).  Due to recent declines in motor fuel prices, the STIP will fall short of funding by roughly $1.5 billion, necessitating the need to scale back the number of transportation projects to be funded over the next several years.  CTC staff are recommending $754 million in specific transportation projects for full or partial deletion and an additional $755 million in transportation projects to be delayed.  

The CTC will consider these recommendations at their scheduled meeting in May.  The list of recommended changes can be accessed here.

Yesterday, the RCRC Board of Directors received a briefing on recent developments in the area of transportation funding, including an examination of why transportation revenues are falling short as well as legislative proposals aimed at providing additional revenues into the transportation system.  A briefing memo is available here.

BULLETIN BOARD

Inyo County Seeks Assistant Clerk and Senior Assistant Clerk of the Board of Supervisors

Click here

Secretary Jewell Announces Nearly $95 Million in Funding for all 50 States Through the Land and Water Conservation Fund

Click here

USDA Seeks Applications for Nearly $12 Million in Broadband Grants for Rural Communities

Click here

USDA Announces $4.7 Million Available in Grants for Food Safety Training, Outreach and Technical Assistance

Click here

USDA Farm Services Agency Announces $44 Million Available through Value-Added Producer Grant

Click here

US EDA Announces Federal Funding Opportunity for the Regional Innovation Strategies Program

Click here

LEGISLATIVE UPDATE

AB 1575 (Bonta): Medical Marijuana: Regulatory Structure.  Assembly Bill 1575 addresses a number of aspects relating to the enactment of the medical marijuana regulatory framework.  The bill serves as an omnibus clean-up; however a number of provisions are controversial and must be addressed.  Status: AB 1575 awaits consideration in the Assembly Appropriations Committee.  RCRC Position: Neutral – A number of proposed amendments put forth

AB 1734 (Obernolte): Recording of Mining Claims.  Assembly Bill 1734 would amend California statute to mirror the federal requirements for recording a mining claim on Bureau of Land Management lands.  Status: AB 1734 passed out of the State Assembly and now awaits consideration in the Senate Natural Resources and Water Committee.  RCRC Position: Support

AB 1758 (Stone): Telecommunications: California Advanced Services Fund.  Assembly Bill 1758 would establish various reforms to the California Advanced Services Fund, including increased revenues to support rural broadband infrastructure and deployment.  Status: AB 1758 failed passage in the Assembly Utilities and Commerce Committee.  RCRC Position: Support

AB 1780 (Medina): Greenhouse Gas Reduction Fund: Sustainable Freight Corridors Program.  Assembly Bill 1780 would permanently allocate 25 percent of all annual proceeds from California’s Cap-and-Trade program to the Sustainable Freight Corridors Program, leaving only 15 percent in discretionary funds annually.  Status: AB 1780 was held on the Assembly Appropriations Suspense File.  RCRC Position: Oppose

AB 2024 (Wood): Critical Access Hospitals: Employment.  Assembly Bill 2024 would allow critical access hospitals (CAH) to directly employ physicians and bill for their professional services. Status: AB 2024 passed out of the Assembly Health Committee.  RCRC Position: Support

AB 2029 (Dahle): Timber Harvest Plans: Exemptions.  Assembly Bill 2029 would extend and expand the provisions of the existing Forest Fire Prevention Pilot Program. Status: AB 2024 is awaiting action in the Assembly Appropriations Committee.  RCRC Position: Support

AB 2149 (Bonilla): State Board of Equalization: State Agencies: Collection of Cash Payments: Medical Marijuana-Related Businesses.  Assembly Bill 2149 would authorize the Board of Equalization to accept cash transactions on behalf of several state agencies charged with regulatory responsibility of medical marijuana.  Status: AB 2149 awaits consideration in the Assembly Revenue and Taxation Committee.  RCRC Position: Support

AB 2243 (Wood): Medical Cannabis: Cultivation Taxation.  Assembly Bill 2243 would impose state taxes on the cultivation of medical marijuana.  Status: AB 2243 failed passage in the Assembly Revenue and Taxation Committee.  RCRC Position: Support if Amended

AB 2314 (Bigelow): Disaster Relief: County of Calaveras.  Assembly Bill 2314 would provide state funding to backfill property tax revenue losses as a result of the Butte Fire in Calaveras County.  Status: AB 2314 passed out of Assembly Revenue and Taxation Committee.  RCRC Position: Support

AB 2332 (Eduardo Garcia): Transportation Funding: Complete Streets.  Assembly Bill 2332 would redirect monies from the State Highway Operation and Protection Program to provide a funding source for “complete streets” projects in disadvantaged communities.  Status: AB 2332 failed passage in the Assembly Transportation Committee.  RCRC Position: Oppose Unless Amended

AB 2396 (McCarty): Solid Waste Reports.  Assembly Bill 2396, as initially proposed, would repeal a provision that requires state reimbursement to local agencies if the Commission on State Mandates determines the cost of the counties’ reporting requirements are to be borne by the State.  Status: AB 2396 awaits consideration in the Assembly Appropriations Committee.  RCRC Position: Neutral – Recent amendments removed our opposition

AB 2507 (Gordon): Access to Telehealth.  Assembly Bill 2507 would require health care service plans (health plans) and health insurers to reimburse telehealth services to the same extent as services provided through in person. Status: AB 2507 passed out of Assembly Health Committee.  RCRC Position: Support

AB 2545 (Bonta): Medical Marijuana: Tribal Activities.  Assembly Bill 2545 would authorize the State of California to enter into agreements with Native American tribes that seek to engage in commercial cannabis activities.  Recent amendments would require those agreements to follow the same local and state licensure requirements as outlined in the recently-enacted medical marijuana regulatory framework.  Status: AB 2545 awaits consideration in the Assembly Appropriations Committee.  RCRC Position: Pending

AB 2574 (Chavez): Veteran Farmers and Ranchers.  Assembly Bill 2574 would develop a New Veteran Farmer and Rancher Outreach and Assistance Plan to circulate information regarding veteran and agricultural education, training, and other assistance programs.  Status: AB 2574 was held on the Assembly consent calendar.  RCRC Position: Support

AB 2678 (Gray): State-designated fairs: funding.  Assembly Bill 2678 would dedicate the State portion of the sales and use tax collected from transactions at fairgrounds except for Los Angeles to support small - and medium-sized fairs.  Status: Gained passage in the Assembly Agriculture Committee.  RCRC Position: Support

AB 2686 (Mullin): Special Elections.  Assembly Bill 2686 would provide counties the option of conducting special elections, under certain circumstances, to fill the vacancy of a State Senate, State Assembly, of Congressional district via all-mail balloting.  Status: AB 2686 awaits consideration in the Assembly Elections and Redistricting Committee.  RCRC Position: Support

SB 885 (Wolk): Indemnity Agreements.  Senate Bill 885 would eliminate the ability of a public agency to impose indemnity clauses in contract with engineers and architects for upfront legal defense costs against claims related to a project’s design work.  Status: SB 885 awaits consideration in the Senate Judiciary Committee.  RCRC Position: Oppose

SB 967 (Vidak): Special Elections Costs.  Senate Bill 967 would require the State to pay for the cost of special elections – as proclaimed by the Governor – to fill a vacancy in the office of a member of the State Assembly, State Senate, or the U.S. House of Representatives that occurs after January 1, 2008.  Status: SB 967 awaits consideration in the Senate Appropriations Committee.  RCRC Position: Support

SB 987 (McGuire): Taxation: Medical Marijuana.  Senate Bill 987 would impose a statewide excise tax on the sale of medical marijuana.  Status: SB 987 awaits consideration in the Senate Appropriations Committee.  RCRC Position: Support

SB 1170 (Wieckowski): Public contracts: water pollution prevention plans: delegation.  Senate Bill 1170 would prohibit a public entity, charter city, or charter county from delegating to a contractor the development of a plan, as defined, used to prevent or reduce water pollution or runoff on a public works contract, except as provided. The bill would also prohibit a public entity, charter city, or charter county from requiring a contractor on a public works contract that includes compliance with a plan to assume responsibility for the completeness and accuracy of a plan developed by that entity.  Status: Passed out of the Senate Environmental Quality Committee.  RCRC Position: Oppose

SB 1212 (Hueso): 211 Information and Referral Network.  Senate Bill 1212 would expand the state-wide 2-1-1 network into all 58 of California’s counties.  Status: SB 1212 passed out of Senate Energy, Utilities and Communications Committee.  RCRC Position: Support

SB 1250 (McGuire): Telecom: Rural Outage Reportings.  Senate Bill 1250 would require telecommunications carriers to report rural 911 outages to state and local public safety agencies.  Status: SB 1250 awaits consideration in the Senate Appropriations Committee.  RCRC Position: Support

SB 1302 (McGuire): Basic Property Insurance: California FAIR Plan.  Senate Bill 1302 addresses a number of aspects to the California Fair Access to Insurance Requirements (FAIR) Plan.  Status: SB 1302 awaits consideration in the Senate Appropriations Committee.  RCRC Position: Support

SB 1317 (Wolk): Conditional use permit: groundwater extraction facility. Senate Bill 1317 would require a city or county overlying a basin designated as a high or medium priority basin to establish a process for the issuance of conditional use permits for the development of a groundwater extraction facility in order to prevent that facility from contributing to or creating an undesirable result.  Status: SB 1317 passed out of the Senate Governance and Finance Committee.  RCRC Position: Oppose

SB 1347 (Nielsen): Fire Prevention Fee: Administration. Senate Bill 1347 would extend the sunset on the requirement to submit an annual report on SRA fire fee expenditures until January 2022.  Status: SB 1347 awaits consideration in the Senate Appropriations Committee.  RCRC Position: Support

SB 1380 (Mitchell): Homelessness Coordinating and Financing Council.  Senate Bill 1380 would establish the California Homeless Coordinating and Financing Council (HCFC).  Status: SB 1347 passed out of Senate Transportation and Housing Committee.  RCRC Position: Support

SB 1463 (Moorlach): Electrical Lines: Mitigation of Wildfire Risks.  Senate Bill 1463 would require the California Public Utilities Commission (CPUC) to prioritize communities that are at high risk from the consequences of wildfires when determining areas in which it will require enhanced mitigation measures for wildfire hazards posed by overhead electrical lines and equipment. Status: SB 1463 awaits consideration in the Senate Appropriations Committee.  RCRC Position: Support

REGULATORY UPDATE

Resource Management Planning: Amends existing regulations that establish the procedures used to prepare, revise, or amend land use plans pursuant to the Federal Land Policy and Management Act.  Agency: U.S. Bureau of Land Management Status: Draft released for public review, comment deadline extended to May 25, 2016.  Proposed regulatory language and related documents can be accessed here.  RCRC Comments: RCRC’s letter requesting an extension of the comment deadline can be accessed here. RCRC Advocate: Staci Heaton sheaton@rcrcnet.org

Short-Lived Climate Pollutant Reduction Strategy:  Mandated by Senate Bill 605 (Lara), establishes strategies to reduce emissions from short-lived climate pollutants such as black carbon and methane.  Agency: California Air Resources Board  Status: Second draft published for public comment, comment period ends May 26, 2016.  Workshop scheduled Sacramento on April 26, Board hearing on May 19.  Draft Strategy and related documents can be downloaded here. RCRC Comments: RCRC staff is seeking member county input.  RCRC Advocate: Staci Heaton sheaton@rcrcnet.org