The Barbed Wire - April 25, 2014

April 25, 2014
ACTION ALERT: RCRC Opposes AB 2188 – Urges Members to Take Action
PILT Legislation Passes Senate Policy Committee
Medical Marijuana Regulatory Bills Advance in the Legislature
Senate Groundwater Legislation Clears Committee
Assembly Groundwater Legislation Set for Hearing
State Water Board Approves $4 million for Disadvantaged Communities with Contaminated Water Supplies
CDFA Schedules Additional On-Farm Water Conservation Meeting in Tulare County
Registration Open for California Water Commission Meeting and Workshop
Workshops Scheduled for Draft Communities Environmental Health Screening Tool
STATE LEGISLATIVE UPDATE

ACTION ALERT: RCRC Opposes AB 2188 – Urges Members to Take Action

Assembly Bill 2188 (Muratsuchi), as amended April 21, would require local jurisdictions to adopt an ordinance to create an expedited permitting process for rooftop solar that would mandate cities and counties to uniformly issue a solar permit in an “over the counter” fashion (within 24 hours), and inspect the solar installation within two days of the request.  AB 2188 is scheduled to be heard in the Assembly Local Government Committee on April 30, 2014.  The text of AB 2188 can be accessed here

RCRC staff urges member counties to contact the Assembly Local Government Committee to express opposition to AB 2188, and describe the impacts this legislation would have upon counties. While permit streamlining is important, local governments also take very seriously consumer protection and the necessary permits and inspections that these facilities require. The plan check process is an important part of the issuance of a permit, and the proper review and evaluation of the supporting roof structure and electrical requirements are necessary to ensure the health and safety of the permittee. This review must be performed by trained individuals, and mandating local jurisdictions to accomplish these checks within a 24 hour timeframe, without exception, would be impossible for many rural counties.

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

PILT Legislation Passes Senate Policy Committee

On Tuesday, Senate Bill 1410 (Wolk/Nielsen) passed out of the Senate Committee on Natural Resources and Water on consent. SB 1410 will appropriate monies to 36 counties for outstanding obligations related to Payment in Lieu of Taxes (PILT) payments.  SB 1410 is coauthored by a bipartisan group of 25 legislators from many of the counties impacted by this issue. The bill text can be accessed here

The California Department of Fish and Wildlife (DFW) owes 36 counties more than $17 million in past due PILT payments - all while local governments are doing everything within their power to reduce expenses and tighten budgets in order to fund critical programs and services for residents. In addition to requesting $19 million for outstanding obligations, SB 1410 will also appropriate $2 million in annual funding for PILT.

California PILT was established in 1949 to offset adverse impacts to county property tax revenues that result when the state acquires private property for wildlife management areas. The DFW has failed to make annual PILT payments in more than a decade. SB 1410 is now headed to the Senate Appropriations Committee. RCRC urges member counties to contact the Senate Appropriations Committee and express support for SB 1410.

RCRC’s press release on SB 1410’s passage out of the Senate Policy Committee can be accessed here.

For additional information and to share county support letters, please contact RCRC Legislative Advocate Kathy Mannion at (916) 447-4806 or kmannion@rcrcnet.org.

Medical Marijuana Regulatory Bills Advance in the Legislature

Two bills that seek to develop a state regulatory scheme (albeit in very different manners) to address issues related to medical marijuana were considered in the Legislature this week. Assembly Bill 1894 by Assembly Member Tom Ammiano (D-San Francisco), and Senate Bill 1262 by Senator Lou Correa (D-Orange) - sponsored by the League of California Cities and California Police Chiefs Association - both gained passage and will advance through the legislative process. RCRC staff testified on both measures, providing concerns and amendment recommendations to both measures. 

While AB 1894 follows the RCRC policy principles that were adopted last month, RCRC staff has called for revisions to the existing provisions as well as a need to add provisions to the bill. RCRC staff believes progress can be made and will continue working closely with Assembly Member Ammiano and the bill’s sponsors. SB 1262, on the other hand, takes a different approach, and in many respects runs contrary to the adopted policy principles. The bill places a number of new requirements on county entities, including environmental health, agricultural commissioners, and sheriff’s departments, to perform various regulatory activities. RCRC staff provided lengthy testimony to these points and offered to continue to work with Senator Correa and the bill sponsor’s to craft a more workable bill for California’s counties.

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

Senate Groundwater Legislation Clears Committee

On Tuesday, Senate Bill 1168 (Pavley) relating to groundwater management passed out of the Senate Natural Resources and Water Committee.   This bill will be the vehicle for the groundwater management reform proposal still in the process of being developed by the California Water Foundation (CWF).  SB 1168 is anticipated to be substantively amended prior to being heard in the Senate Appropriations Committee - its next stop. 

RCRC testified at the hearing and requested several amendments to existing law.  The text of the current version of SB 1168 and related information can be accessed here. RCRC’s letter on SB 1168 can be accessed here

Once the CWF proposal is unveiled and the extent of its impact on counties is determined, RCRC staff will seek additional amendments as needed. 

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

Assembly Groundwater Legislation Set for Hearing

The Assembly groundwater management reform effort is being headed up by Assembly Member Roger Dickinson.  Assembly Bill 1739 relating to sustainable groundwater management was amended on April 22, 2014 and now contains several recommendations for achieving groundwater sustainability put forward by the Association of California Water Agencies (ACWA).  The text of the current version of AB 1739 can be accessed here.

RCRC’s letter on AB 1739 (as introduced) can be accessed here. The bill is scheduled to be heard in the Assembly Water, Parks and Wildlife Committee on April 29, 2014.

RCRC staff urges member counties to review AB 1739 (as amended), and to provide comments on the bill to RCRC Legislative Advocate Kathy Mannion at kmannion@rcrcnet.org.

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

State Water Board Approves $4 million for Disadvantaged Communities with Contaminated Water Supplies

The State Water Resources Control Board (SWRCB) has approved $4 million in funding to provide interim replacement drinking water for economically disadvantaged communities with contaminated water supplies.

The funding comes from the SWRCB’s Cleanup and Abatement Account (CAA), and is available through recently-signed drought legislation that makes it easier to work directly with state and local governments, nonprofits and tribal communities, to ensure that communities in need receive interim replacement drinking water. 

On March 1, 2014 Governor Brown signed a two-bill, $687.4-million emergency drought relief package which took effect immediately, allowing the SWRCB to act.  The SWRCB will coordinate with the Regional Water Quality Control Boards (Regional Water Boards), the California Department of Public Health (CDPH) district offices, the Office of Emergency Services (OES), and other stakeholders to identify disadvantaged communities that are most at-risk and would benefit from financial assistance.

Applicants are encouraged to lock the funding by June 30, 2015. Eligible entities include public agencies, not-for-profit water districts, other not-for-profit organizations, and tribal governments.

Detailed information, including the resolution considered by the SWRCB, can be accessed here. Additional resources on this program can be found here.

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

CDFA Schedules Additional On-Farm Water Conservation Meeting in Tulare County

In March, the Governor signed emergency drought legislation (SB 103) that allocates $10 million to the California Department of Food and Agriculture (CDFA) for on-farm water conservation practices throughout the state. The funding was allocated to be used to establish the CDFA Water Efficiency and Enhancement Program, a grant program to increase water conservation through efficiencies and better management, and reduce greenhouse gas emissions through energy efficiency. 

Two public stakeholder meetings were held in April 2014 to explain the new program and to receive comments and suggestions. A third meeting will be held as follows:

Thursday, May 8, 2014

1:00 p.m. to 4:00 p.m.

Southern California Edison Energy Education Center 

Learning Centers A & B

4175 South Laspina Street

Tulare, CA  93274

Detailed information about this program can be accessed here. Program implementation will begin on or before July 1, 2014. 

Registration Open for California Water Commission Meeting and Workshop

Registration is now open for the May 21, 2014 California Water Commission meeting and public workshop (Workshop). The Workshop will focus on the challenges facing northern California small water systems in rural, urban, and disadvantaged communities. 

The Workshop will be held at the Ridge Golf Course and Events Center in Auburn. Full details on the Workshop can be accessed here.

Workshops Scheduled for Draft Communities Environmental Health Screening Tool

The Office of Environmental Health Hazard Assessment (OEHHA) has released a new draft Communities Environmental Health Screening Tool titled CalEnviroScreen Version 2.0.  CalEnviroScreen is a tool that identifies portions of the state that have higher pollution burdens and vulnerabilities than other areas.  CalEnviroScreen uses existing environmental, health, demographic, and socioeconomic data to create a screening score to assist CalEPA and its Boards, Departments, and Office, to focus available time, resources, and programs to improve the environmental health to those areas most burdened by pollution.   

Version 2.0 has revised the tool by incorporating additional indicators of contaminants in drinking water and unemployment rates, modifying the geographic scale by using census tracts instead of zip codes, and incorporating updated information for the original indicators where available.      

OEHHA and CalEPA will conduct three public workshops in Sacramento, Fresno, and Los Angeles to provide opportunity for verbal feedback on the draft. Full details on the tool, workshops, and public comment period can be accessed here. Comments and suggestions from stakeholder groups and the general public are due by Friday, May 23, 2014. 

STATE LEGISLATIVE UPDATE

RCRC members are encouraged to share letters addressed to state and federal representatives and regulatory bodies with RCRC’s Government Affairs staff.

AB 1805 (Skinner): Medi-Cal Reimbursement: Provider Payments.  AB 1805 would restore the 10 percent cut to Medi-Cal provider rate reductions that were enacted as part of the 2011 State Budget Act.  Status: Passed out of the Assembly Health Committee.  RCRC Position: Support

AB 2373 (Hernandez): Probation Officers: Funding.  AB 2373, as initially proposed, would have required county Boards of Supervisors to approve probation officers’ written requests for resources as part of a county’s probation department’s notification to the Board that they have insufficient resources to conduct a variety of responsibilities.  During the bill’s review in the Assembly Local Government Committee, the author agreed to amend the bill to only require that the Board of Supervisors be required to respond to a Chief Probation Officer’s written request for additional resources.  Status: AB 2373 gained passage in the Assembly Local Government Committee and now awaits consideration in the Assembly Public Safety Committee.  RCRC Position: Opposed to the Introduced Version/Amended Version

AB 1035 (Perez): Workers’ Compensation: Firefighters and Peace Officers.  AB 1035 would extend the timeline for death benefit claims under the workers’ compensation system for firefighters and peace officers.  Governor Brown has vetoed two similar bills in recent years.  Status: AB 1035 gained passage in both the Senate Labor and Industrial Relations Committee and in the Senate Appropriations Committee.  The bill now awaits consideration on the Senate Floor.  RCRC Position: Oppose

SB 1364 (Fuller): Telecommunications Universal Service Programs. SB 1364 would extend the funding base for the state’s universal service and telecommunications programs which help support the deployment of communication services in rural parts of California.  Status: SB 1364 awaits final consideration in the Senate Appropriations Committee.  RCRC Position: Support

SB 1278 (Leno): Animal Control Officers.  SB 1278 would require animal control officers to complete a course in the exercise of powers of arrest/serving warrants as well as require continuing education requirements, which pose costs to counties despite the authorized funding mechanism.  Status: SB 1278 awaits final consideration in the Senate Appropriations Committee.  RCRC Position: Concerns