The Barbed Wire - April 24, 2015

April 24, 2015
RCRC Urges Action on Senate Bill 239
Conservation Efforts Keep Bi-State Sage Grouse Off Endangered List
Court Ruling on Conservation Water Rates
Water Operations Agreement Reached
House Appropriations Committee Considers FY16 Energy and Water Funding Bill
OMB Examines Clean Water Rule
House Subcommittee Examines Tribal Acknowledgment Proposed Rule
Wildfire Season Kicks off with Hearing
VA Expands Access for Rural Veterans, Effective Immediately
BULLETIN BOARD
KEEPING UP
LEGISLATIVE UPDATE

RCRC Urges Action on Senate Bill 239

Senate Bill 239 by Senator Robert Hertzberg (D-Van Nuys) would establish a new Local Agency Formation Commission (LAFCO) process related to the extension of fire services, by contract or agreement, outside of a public agency’s current boundaries.  RCRC urges member counties to join in opposition of this legislation. 

Among the most troubling provisions of SB 239 is language that would in effect, allow a “recognized employee organization” to veto a local governing board’s decision to contract for fire services.  

SB 239 would also increase local agency costs by requiring extensive new LAFCO proceedings relating solely to fire protection services.  SB 239 would require the adoption of a resolution of application that includes the previously referenced “permission” of the employee organization(s), a public hearing, a detailed plan for services and a comprehensive fiscal analysis, among other things.   

SB 239 is scheduled to be heard in the Senate Governance and Finance Committee on Wednesday, April 29, 2015.  RCRC urges member counties to send a letter of opposition to SB 239 to the Committee.

The text of SB 239 can be accessed here.  The members of the Senate Governance and Finance Committee can be accessed here.  RCRC’s opposition letter can be accessed here.  To obtain a member county template letter, please email mchui@rcrcnet.org.

Conservation Efforts Keep Bi-State Sage Grouse Off Endangered List

The U.S. Department of Interior has declined to list a greater sage grouse population in California and Nevada as threatened under the U.S. Endangered Species Act due to a multi-organizational conservation effort aimed at preserving and increasing the population.  The partnership between the two states, who worked with local and federal agencies, tribes, and private landowners, has resulted in a conservation plan that allows for sustainable economic develop while protecting habitat for the bi-state sage grouse in the Mono Basin.  

While the bi-state population will not be listed, the U.S. Fish and Wildlife Service is still considering listing the western population of greater sage grouse currently found in Washington, Oregon, Idaho, Utah, Wyoming, Montana, Colorado, North Dakota and South Dakota.  Those states are hoping that the bi-state conservation effort can serve as a model for the larger sage grouse population.

For more information on the greater sage grouse, click here.

Court Ruling on Conservation Water Rates

This week, the Court of Appeal issued its decision on whether conservation water rates (aka tiered water rates) are consistent with the provisions of Proposition 218.  The Court, in interpreting Proposition 218, emphasized that conservation water rates, standing alone, were not prohibited.  However, the court concluded that Proposition 218 requires that each tier must reflect the actual costs of service for property falling in each of the tiers.  The case, Capistrano Taxpayers Association, Inc. v. City of San Juan Capistrano (Case No. G048969) can be accessed here.

Water Operations Agreement Reached

This week, federal and state agencies reached an agreement with the Sacramento River Settlement Contractors on a framework of actions for operations of the Central Valley Project (CVP) and State Water Project (SWP) during the next six months of drought.  The agreement runs from mid-April through November, and is intended to help officials manage the CVP and SWP to serve multiple beneficial uses of water during this fourth year of drought.  The agreement paves the way for future decisions about the volume and timing of water transfers to junior water right holders.  A detailed fact sheet on the framework can be accessed here.

House Appropriations Committee Considers FY16 Energy and Water Funding Bill

Yesterday, the House Appropriations Committee marked up the FY16 Energy and Water Appropriations bill.  The bill totals $35.4 billion, which is $1.2 billion above the FY15 enacted level, and $633 million below the President’s FY16 budget request.  The Army Corps of Engineers (Corps) is funded at $5.6 billion, which is $147 million above the FY15 enacted level, and $865 million above the President’s FY16 budget request.  The Bureau of Reclamation is funded at $1.1 billion, which is $35 million below FY15 enacted levels, and $1 million below the President’s FY16 request. 

The bill contains report language that prohibits the Corps from using any funds to implement the Principles and Guidelines, prohibits the Corps from using any funds to implement Waters of the U.S. (WOTUS), and expresses the Committee’s concerns above the Federal Flood Risk Management Standards.  The White House has issued a Statement of Administrative Policy (SAP) on the House FY16 Energy and Water bill in which the Director of the Office of Management and Budget expresses the President’s “serious reservations” with the House bill.  The SAP specifically sites concerns above cuts to the Department of Energy’s Office of Energy Efficiency and Renewable Energy, the Advanced Research Projects Agency-Energy, and “highly problematic ideological riders” such as prohibiting the Administration from implementing the WOTUS rule.

OMB Examines Clean Water Rule

Regulatory review processes at the Office of Management and Budget (OMB) can take as long as 90 days, and in some instances even longer.  During this process, OMB officials typically meet with effected stakeholders and listen to concerns without giving much feedback.  However, sources have already started to leak information pertaining to the Environmental Protection Agency’s Clean Water Rule. 

The Environmental Protection Agency’s (EPA) draft final rule has been at OMB less than a month, but water industry stakeholders have already begun to discuss changes that were made to the proposed rule.  Potential changes include additional language held within the Clean Water Act exemptions, language that would clarify the agency’s intent with regard to water reuse projects, municipal stormwater conveyance systems, and water delivery systems.  These types of water features would be exempt from Clean Water Act jurisdiction if their owners and operators can prove to the EPA and U.S. Army Corps of Engineers that those features were constructed in dry land.  Questions still remain regarding roadside and irrigation ditches but the possible new exemption language could help ease the concerns of local and state governments. 

House Subcommittee Examines Tribal Acknowledgment Proposed Rule

On Wednesday, Congress examined the Obama Administration’s proposed revisions to the federal tribal acknowledgment process.  The House Natural Resources Subcommittee on Indian, Insular, and Alaska Native Affairs questioned Department of the Interior Assistant Secretary Kevin Washburn and other stakeholders, including four from Indian Country, about potential impacts of the proposal.  The representatives of Indian Country were unified in their opposition to the current language of the proposed rule.  In particular, witnesses testified that the lowering of historical standards will cheapen the meaning of sovereignty, and create different classes of Indian tribes, an issue specifically raised by RCRC’s comments on the proposed rule.  

Assistant Secretary Washburn fought back against critics of the proposal; defending it by saying it addresses the concerns about the current process that has only seen 17 tribes recognized since its inception in the late 1970’s.  Assistant Secretary Washburn also indicated that the proposed rule has already been sent to the Office of Management and Budget for final review.  Although no local government officials were asked to testify, Rep. Joe Courtney (D-CT) pressed the Administration for greater local involvement.  The proposed rule would challenge a local government’s participation in the process by revoking their status as a third party with standing.  Rep. Courtney urged Assistant Secretary Washburn to maintain the status quo for local governments and formally recognize in regulation their third-party with standing status.

RCRC has previously filed comments on both the proposed Acknowledgement Process, as well as the proposed rules regarding the new Appeals process related to the new Acknowledgement process.  RCRC’s comments on the Federal Acknowledgement Rule can be accessed here.  RCRC’s comments on the Federal Appeals can be accessed here.

Wildfire Season Kicks off with Hearing

This week, the House Natural Resources Subcommittee on Federal Lands examined the effects of forest management as a tool to prevent wildfires.  Among the witnesses testifying, Mr. Andy Fecko, of the Placer County Water Agency, shared a brief history of the experiences learned from the catastrophic King fire.  Subcommittee Republicans, including Chairman Tom McClintock, focused their questioning of witnesses on three main points: the need for faster environmental review processes, the need for more Forest Service thinning and fuels reduction projects, and the need for greater protections against aggressive litigation practices.  

While witnesses agreed more could be done in those areas, the panel was unified in their support of the Wildfire Disaster Funding Act.  The bipartisan priority would allow a portion of fire suppression funds to be covered through emergency spending, much like other natural disasters.  Committee Democrats were vocal in their support of this initiative as well.  President Obama included a similar proposal in his most recent budget request to Congress.  Representative Doug LaMalfa specifically highlighted excerpts from a submission made to the Subcommittee by the California Forest Watershed Alliance (CAFWA), the broad-based forestry advocacy coalition of which RCRC is a charter member.  The complete CAFWA submission to the Subcommittee can be accessed here.       

VA Expands Access for Rural Veterans, Effective Immediately

As previously reported, in March the Department of Veterans Affairs (VA) expanded the eligibility for the Veterans Choice Program by changing the calculation used to determine the distance between a veteran’s residence and the nearest VA facility from a straight line, or as the crow flies, to driving distance. This change has been published in the Federal Register and is effective immediately.

“This update to the program will allow more Veterans to access care when and there they want it,” said Secretary of Veterans Affairs Robert McDonald.  This change is expected to double the number of veterans eligible to seek care in their communities and comes amid complaints from lawmakers and advocates, including RCRC, who argued the interpretation prevented thousands of veterans from accessing care.

BULLETIN BOARD

U.S. EPA to Provide Training Session on CUPSS

The United States Environmental Protection Agency’s (EPA) will be providing a number of training sessions for  Check Up Program for Small Systems (CUPSS) which is a free, asset management tool for small drinking water and wastewater utilities.  Detailed information on the training sessions can be accessed here.  Additional information on CUPSS can be accessed here.

Water Education Foundation: Integrated Regional Water Management 2.0: The Next Generation

Click here

4th Annual Central California Truancy Summit

Click here

RCRC Co-Sponsored Policy Summit: Environmental Impacts and Public Safety Issues Arising from Illegal Marijuana Grow Sites

Click here

Webinar: Managing Forest Health for Water Resources

Click here

KEEPING UP

Connie Conway (Tulare County) has been appointed to the California Community Colleges Board of Governors.  Conway has been a member of the California Women Lead Board of Directors since 2008.  She served as a member of the California State Assembly from 2008 to 2014, where she was Minority Leader from 2010 to 2014.  Conway was a member of the Tulare County Board of Supervisors from 2000 to 2008, serving as chair in 2005 and 2008.  She was chair of the Cities Counties Schools Partnership in 2007, and president of the California State Association of Counties in 2006.  This position requires Senate confirmation.  Conway is a Republican.

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 266 (Cooley): Medical Marijuana.  Assembly Bill 266 would establish a statewide regulatory and licensing framework for medical marijuana dispensaries, cultivation, transportation, and manufacturing of medical marijuana and products containing medical marijuana.  Status: AB 266 is scheduled for a hearing in the Assembly Business and Professions Committee on Tuesday, April 28, 2015.  RCRC Position: Watch

AB 323 (Olsen): California Environmental Quality Act: Exemption: Roadway Improvement.  Assembly Bill 323 would extend the sunset, until January 1, 2020, on an exemption from the California environmental Quality Act  for projects to repair, maintain, and make minor alterations to existing roadways, provided the project is carried out by a city or county with a population of less than 100,000 to improve public safety and meets other specified conditions.  Status: AB 323 gained passage in the Assembly Transportation Committee.  RCRC Position: Support

AB 390 (Cooper): Criminal Law: DNA Evidence.  Assembly Bill 390 would restore the ability of government officials to collect DNA samples from adult offenders convicted of offenses that were recently converted from felonies to misdemeanors.  Status: AB 390 gained passage in the Assembly Public Safety Committee and awaits consideration in the Assembly Appropriations Committee.  RCRC Position: Support

AB 851 (Mayes): Local Government: Organization: Disincorporation.  Assembly Bill 851 would establish procedures for a disincorporation, which includes the city providing a written statement which certifies information regarding its indebtedness and revenues available, and provides procedures for the successor agency including land use guidelines, financial responsibilities, and other governmental procedures to ensure an orderly transition of services and responsibilities.  Status: Gained passage in the Assembly Local Government Committee.  RCRC Position: Support in Concept

AB 896 (Wagner): Counties: 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 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 (Department) to exempt an entity from the water loan and grant eligibility restriction if the entity submits to the Department 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: Placed on the Assembly Appropriations Committee Suspense File.  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: Gained passage on the Assembly Floor.  RCRC Position: Support

AB 1104 (Rodriguez): Search Warrants.  Assembly Bill 1104 would restore law enforcement’s authority to seek and obtain search warrants in cases involving offenses of shoplifting, forgery, theft, receiving stolen property, and possessing controlled substances.  Status: AB 1104 awaits consideration in the Assembly Public Safety Committee.  RCRC Position: Support

AB 1270 (Garcia): State Workforce Innovation and Opportunity Act.  Assembly Bill 1270 would update various statutory references to the State’s workforce investment system to align with the recently passed Workforce Innovation and Opportunity Act (WIOA) and implement new federal workforce requirements.  Status: AB 1270 gained passage in the Assembly Jobs, Economic Development and Education Committee and awaits consideration in the Assembly Appropriations Committee.  RCRC Position: Watch

AJR 11 (Burke): Military Bases: Closures.  Assembly Joint Resolution 11 Memorializes the President and the Congress of the United States to recognize the unique military value of California's defense installations and the disproportionate sacrifices California has endured in previous base realignment and closure (BRAC) rounds.  Status: Adopted by the Assembly.  RCRC Position: 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 326 (Beall): Courts: Penalties: Emergency Services Funding.  Senate Bill 326 would eliminate the sunset provision for the Emergency Medical Transportation Act, which provides critical funding for rural and remote air ambulance services.  Status: SB 326 was placed on suspense in the Senate Appropriations Committee.  RCRC Position: Support

SB 513 (Beall): Air Quality Standards Attainment Program.  Senate Bill 513 will help reduce air pollution by making revisions to the Carl Moyer Memorial Air Quality Standards Attainment Program and the local AB 923 incentives programs.  Status: SB 513 is scheduled for a hearing in the Senate Environmental Quality Committee on Wednesday, April 29, 2015.  RCRC Position: Support

SB 643 (McGuire): Medical Marijuana.  Senate Bill 643 would establish a state regulatory and licensing framework for medical marijuana dispensaries, cultivation, transportation, and manufacturing of medical marijuana and products containing medical marijuana.  Status: SB 643 gained passage in the Senate Business, Professions and Economic Development Committee, and awaits Committee assignment.  RCRC Position: Watch