The Barbed Wire - April 4, 2014

April 4, 2014
Medical Marijuana Bills to Develop Statewide Regulatory Scheme on the Legislature’s Agenda
Comments Needed on Sustainable Farmland Strategy Legislation
Realignment Implementation Report Released
Transportation Grant Funding for Environmental Enhancement and Mitigation Announced
State Water Board Adopts New Industrial Stormwater Permit
Conservancies Sign Joint Resolution
Drought Relief Bill Revised in Hope of Passing Senate
Waters of the U.S. Proposed Rule Draws Fire from Appropriators
State Criminal Alien Assistance Program Applications Open
CPUC and ARB Announce the California Climate Credit
Department of Housing and Development Soliciting Review of Draft Annual Plan Update
STATE LEGISLATIVE UPDATE

Medical Marijuana Bills to Develop Statewide Regulatory Scheme on the Legislature’s Agenda

Earlier this week, Assembly Member Tom Ammiano (D-San Francisco) amended Assembly Bill 1894 to develop a state regulatory scheme to address issues related to medical marijuana, including cultivation, manufacturing, testing, transportation, storage, distribution and sale of medical marijuana.  This bill is expected to be considered in the Assembly Public Safety Committee in the coming weeks. 

In addition, the League of California Cities and the California Police Chiefs Association are co-sponsoring Senate Bill 1262 by Senator Lou Correa (D-Orange), which also seeks to develop a statewide regulatory scheme.  This legislation contains provisions which would require counties to perform a variety of regulatory functions.  RCRC staff is in discussions with Senator Correa’s office and the bill’s sponsors about these concerns.  This measure is slated to be reviewed in the Senate Business & Professions Committee later this month.

The RCRC Board of Directors recently adopted policy principles on a variety of issues related to medical marijuana, which can be accessed here.  The cornerstone of these policy principles include strong local pre-emption regarding local land-use actions involving the cultivation and retailing of medical marijuana products.  The principles also call for a strong state regulatory scheme. 

RCRC staff is currently reviewing these legislative proposals and will respond according to the adopted policy principles.

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

Comments Needed on Sustainable Farmland Strategy Legislation

This week, AB 1691 (Eggman) passed out of the Assembly Local Government Committee, and will next be heard in the Assembly Agriculture Committee, Chaired by Assembly Member Eggman.  AB 1691 requires counties to develop a sustainable farmland strategy.  RCRC staff is requesting member county comments on the bill. 

The text of AB 1691 and the Assembly Local Government Committee analysis can be accessed here

Realignment Implementation Report Released

Earlier this week, the California Department of Finance released a preliminary report on the implementation of AB 109, criminal justice realignment. The report provides details on the state’s progress toward meeting the Three Judge Court order to reduce the state prison population to 137.5 percent of design capacity, information on current and future prison system capacity needs, stakeholder feedback regarding the state and local impacts on realignment, and long-term strategies being deployed to address state and local prison populations and criminal activity through recidivism reduction initiatives, reentry services and rehabilitative services.

The SB 105 Interim Report can be accessed here.

For additional information, please contact RCRC Legislative Analyst Randall Echevarria at 916.447.4806 orrechevarria@rcrcnet.org.

Transportation Grant Funding for Environmental Enhancement and Mitigation Announced

This week, the California Natural Resources Agency announced the availability of funding for the state’s Environmental Enhancement and Mitigation Program (EEMP) for the 2013-2014 grant cycle. The EEMP program provides grants to local, state and federal governmental agencies and nonprofit organizations for projects to mitigate the environmental impacts caused by new or modified public transportation facilities.

Applicants should review the revised EEMP Guidelines and Application to learn more about project eligibility, evaluation criteria, and submission requirements. The Resources Agency will accept applications through Monday, June 30, 2014 at 4:00 p.m. for the following categories: are for the acquisition, restoration, or enhancement of resource lands (watersheds, wildlife habitat, wetlands, forests, or other significant natural areas) to mitigate the loss of or detriment to such lands within or near the right of way for transportation improvements.

Urban Forestry Projects are designed to offset vehicular emissions of carbon dioxide through the planting of trees and other suitable plants.

Resource Lands Projects are for the acquisition, restoration, or enhancement of resource lands (watersheds, wildlife habitat, wetlands, forests, or other significant natural areas) to mitigate the loss of or detriment to such lands within or near the right of way for transportation improvements.

Mitigation Projects Beyond the Scope of the Lead Agency responsible for assessing the environmental impact of the proposed transportation improvement.

In addition, the Resources Agency announced that they will be hosting three technical assistance workshops to provide help preparing for grant applications. Details on the workshops can be accessed here.

For additional information, please contact RCRC Legislative Analyst Randall Echevarria at 916.447.4806 orrechevarria@rcrcnet.org.

State Water Board Adopts New Industrial Stormwater Permit

Earlier this week, the State Water Resources Control Board (SWRCB) adopted an updated Industrial General Stormwater permit, after months of redrafting and discussions with RCRC and other industry stakeholders. The permit, first adopted in 1992, covers a wide range of industrial facilities that discharge stormwater offsite, including wastewater treatment plants, landfills, and vehicle maintenance shops, and streamlines the federal stormwater discharge permitting system for facilities that must comply. The permit is supposed to be updated every five years, but hadn’t been renewed since 1997.

The adoption of the permit has been years in the making, starting with the release of a preliminary draft in 2011. That draft was highly controversial as it would have been nearly impossible for permitted facilities to comply with the strict new requirements the draft would have imposed without incurring severe fines, or triggering third-party environmental lawsuits. The outcry from stakeholders, including RCRC and a broad coalition of regulated entities, was so strong that the state Legislature held a special hearing asking the agency to completely redraft the permit.

While the final permit will still be more expensive to implement, mandating a more aggressive sampling schedule and stricter requirements for mitigating pollution in stormwater runoff, compliance with the version adopted by the Board will be feasible for nearly all permitted facilities. The final permit and all related documents can be viewed on the State Water Board’s Industrial Stormwater website, accessed here.

For additional information, please contact RCRC Regulatory Affairs Advocate Staci Heaton at 916.447.4806 orsheaton@rcrcnet.org.

Conservancies Sign Joint Resolution

Earlier this week, the Sierra Nevada Conservancy and the Sacramento-San Joaquin Delta Conservancy signed a joint resolution titled “Sierra to the Sea.” In the joint resolution, the Governing Boards of the conservancies recognize the interconnection between the two regions, and the need to work collaboratively to address water quality, water reliability, and a changing climate, among other things.

The resolution can be accessed here.

For additional information, please contact RCRC Legislative Advocate Kathy Mannion at 916.447.4806 orkmannion@rcrcnet.org.

Drought Relief Bill Revised in Hope of Passing Senate

Senator Dianne Feinstein (D-CA) has significantly revised her drought relief bill by stripping the emergency spending provisions and making it applicable to other states. By cutting the bill’s costs and making other changes, the Senator was able to bypass committee consideration and hopes to soon garner enough support to take it to the Senate floor for a vote.

The bill mandates that federal agencies operate water projects in drought-stricken states with maximum flexibility to boost water deliveries. At least five Republican senators are now supporting the bill, which differs significantly from a bill passed in the House earlier this year to waive certain environmental mandates in order to increase water deliveries.

Waters of the U.S. Proposed Rule Draws Fire from Appropriators

The House Appropriations Committee has maintained an aggressive hearing schedule in their commitment to pass 12 appropriations bills “in regular order” this year. During these hearings, the proposed rule on Waters of the U.S. has come under strong, repeated criticism. House Energy and Water Development Subcommittee chairman Mike Simpson (R-ID) and Interior and Environment chairman Ken Calvert (R-CA) have publicly vowed to insert a provision in their respective bills to stop the rule from being considered or implemented by EPA and the Corps of Engineers.

The proposed rule is intended to clarify which waters are subject to the federal Clean Water Act, but RCRC and industry groups such as the Farm Bureau, as well as some public interest organizations claim that federal jurisdiction will be expanded and the cost for permitting and regulating discharges will be dramatically increased. Concerns have been raised because the rule would define most ditches as tributaries and waters of the U.S., potentially affecting water supply, water delivery, storm water, and water reuse systems.

State Criminal Alien Assistance Program Applications Open

Earlier this week, the U.S Department of Justice’s Bureau of Justice Assistance (BJA) announced that State Criminal Alien Assistance Program (SCAAP) applications are now open, and will be accepted until 3:00 p.m. (PST) on Tuesday, May 13, 2014. The SCAAP program is administered by the BJA in conjunction with the Bureau of Immigration and Customs Enforcements and Citizenship and Immigration Services within the Department of Homeland Security.

SCAAP funding provides support to states and local governments that incur correctional officer salary costs for incarcerating undocumented criminal aliens with at least one felony or two misdemeanor convictions for violations of state or local law, and incarcerated for at least 4 consecutive days during the reporting period. Additional information regarding use of funds, eligible expenses, guidelines, and application information, including other program specific details, can be accessed here.

CPUC and ARB Announce the California Climate Credit

The California Public Utilities Commission (CPUC) and the California Air Resources Board (ARB) announced that millions of California households will see a credit averaging $35 on their April electricity bills thanks to a state program to fight climate change by reducing greenhouse gas emissions. Details on the California Climate Credit can be accessed here.

Department of Housing and Development Soliciting Review of Draft Annual Plan Update

The Department of Housing and Community Development (Department) is soliciting public review and comment on the Draft 2014-15 Annual Plan Update for the State’s 2010-15 Consolidated Plan.

The State of California Draft HUD Annual Plan addresses the administration of approximately $106 million in new federal funds for program year 2014-15 under the Community Development Block Grant (CDBG), Home Investment Partnerships Program (HOME), Emergency Solutions Grant (ESG), Housing Opportunities for Persons with AIDS (HOPWA) and Lead-Based Paint Hazard Control Program.

The 2014-15 Draft Annual Plan is available for public comment through April 29, 2014. Detailed information on the Draft Annual Plan and submission guidelines can be accessed here.

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 1451 (Holden): Concurrent Enrollment. AB 1451 would help provide rural high school students with access to higher education opportunities. Status: Passed out of the Assembly Higher Education Committee. RCRC Position: Support

AB 1799 (Gordon): Land Use: Mitigation Lands.  AB 1799 would eliminate, if a governmental entity provides evidence that it possesses an investment grade credit rating and meets other specified conditions, the requirement of an endowment for long term stewardship.  Status: Passed out of the Assembly Local Government Committee.  RCRC Position: Support

AB 2126 (Bonta): Meyers-Milias-Brown Act: Mediation.  AB 2126 would impose mandatory mediation requirements on local public agencies under the Meyers-Milias-Brown Act ( which governs the local collective bargaining process).  Status: AB 2126 gained passage in the Assembly Public Employees, Retirement & Social Security Committee and awaits consideration in the Assembly Appropriations Committee.  RCRC Position: Oppose

AB 2177 (Brown):  Saturday/Sunday Voting.  AB 2177 would require all county local elections officials to allow for early voting on Saturdays/Sundays in the weeks immediately preceding the election.  Status: AB 2177 gained passage in the Assembly Elections & Redistricting Committee and now awaits consideration in the Assembly Appropriations Committee.  RCRC Position: Oppose

AB 2241 (Eggman): Local Government: Agricultural Land. AB 2241 would change the rescission fee charged by a county when land under Williamson Act contract or land designated as a farmland security zone enters into a solar-use easement to 10 percent of the fair market value of the property and allows for counties that choose to utilize this approach to retain half of the rescission fee. Status: Passed out of the Assembly Local Government Committee. RCRC Position: Support

 

AB 2514 (Pan): Physician Corps Program. AB 2514 would allow a tax credit for health care professionals who reside and practice medicine in a designated rural health care professional shortage area. Status: Assembly Revenue & Taxation Committee. RCRC Position: Support

SB 1364 (Fuller): Extending Phone Rate Surcharge/Rural Service.  SB 1364 would extend the funding surcharge (commonly known as the High Cost Fund A and the High Cost Fund B)which supports the deployment of communication services in rural California.  Status: SB 1364 gained passage in the Senate Energy, Utilities & Communications Committee and now awaits a hearing in the Senate Appropriations Committee.  RCRC Position: Support

SB 1399 (Galgiani): Agricultural Seed: County Seed Enforcement Subventions. SB 1399 would extend the sunset date of the seed enforcement subvention program through July 1, 2019. The subvention program, funded by the seed industry, provides counties with a source of revenue to cover a portion of their costs for enforcing the California Seed Law. Status: Passed out of the Senate Agriculture Committee. RCRC Position: Support