Barbed Wire - August 1, 2014

August 1, 2014
ACTION ALERTS: Sustainable Groundwater Management Legislation – RCRC Requests Member County Comments
Office of Administrative Law Approves Emergency Drought Regulation
GAO Releases Report on Building Requirements and Guidance for Agricultural and Rural Areas
FCC Launches Rural Broadband Experiments Program
House Agriculture Subcommittee Hearing on Rural Broadband Expansion
Federal Highway Trust Fund Fix Headed to the President
Congress Headed Home for August Recess
Veteran Reform Legislation Passes Congress
State Legislature Reconvenes for Last Push
FEDERAL AND STATE REGULATORY UPDATE

ACTION ALERTS: Sustainable Groundwater Management Legislation – RCRC Requests Member County Comments

On Tuesday, the Brown Administration, in coordination with Senator Pavley and Assembly Member Dickinson, released amendments which are proposed to be amended into Senate Bill 1168 (Pavley) and Assembly Bill 1739 (Dickinson), along with a summary of the legislation. Both bills will be amended to mirror each other when the Legislature returns from their summer recess on August 4, 2014. 

Both bills are currently in the second house Appropriations Committee.  At some point before the end of the legislative session on August 31, 2014, the bill language may be apportioned between the two bills. The proposed amendments can be accessed here. The bill summary can be accessed here.

RCRC Staff is requesting member county comments on the proposed amendments. Please contact RCRC Legislative Advocate Kathy Mannion at kmannion@rcrcnet.org with any questions, concerns, and/or comments.

Office of Administrative Law Approves Emergency Drought Regulation

The State Water Resources Control Board (State Water Board) approved an emergency regulation to ensure increased water conservation in urban settings by the water agencies and their customers. This week, the Office of Administrative Law (OAL) approved the emergency regulation placing it into effect July 29, 2014. The regulation will remain in effect for 270 days, unless the State Water Board extends the regulation. The OAL approval and text of the emergency regulation can be accessed here.

GAO Releases Report on Building Requirements and Guidance for Agricultural and Rural Areas

On Tuesday, the Government Accountability Office (GAO) released its report on the National Flood Insurance Program’s (NFIP) and Federal Emergency Management Agency’s (FEMA) building requirements and guidance for agricultural areas and rural communities that have a high risk of flooding.  The final report recommends that FEMA update existing guidance to include additional information on, and options for, mitigating the risk of flood damage to agricultural structures to reflect recent farming developments and structural needs in vast and deep floodplains.  

Senator Dianne Feinstein (D-CA), Congressman John Garamendi (D-CA), and Congressman Doug LaMalfa (R-CA) sent a letter to FEMA Administrator Craig Fugate to urge him to provide the new guidance within one year, as the current program’s lack of flexibility is negatively impacting growth of agricultural economy in California.  

The GAO analyzed laws, regulations and FEMA policy and claims data; interviewed flood management and planning expert and FEMA officials; and interviewed state and local floodplain mangers, farmers, and lenders in eight selected communities in California, Louisiana, North Carolina, and North Dakota.  While the study concluded different areas had very different levels of concern, it became obvious that farmers in California had been adversely impacted by the building requirements due to the deep flood depths, the difficulty in making structures water tight, and the impracticability of a wet flood-proofing depending upon the agricultural product.

The joint letter can be accessed here. The GAO report can be accessed here.

For additional information, please contact RCRC Regulatory Affairs Advocate Mary Pitto at (916) 447-4806 or mpitto@rcrcnet.org.

FCC Launches Rural Broadband Experiments Program

This week, the Federal Communications Commission (FCC) released the details for a newly established $100 million Rural Broadband Experiments (RBE) program.  Eligible telecommunication services providers will compete for broadband infrastructure development funding in one of three categories that have been broadly identified as “high-cost” investment regions throughout much of the country’s rural and remote areas.  The first “experiment” aims to test the bidding process on a small scale while building out rural broadband networks, which will provide the FCC an opportunity to evaluate the interest and ability to build higher performance networks in areas that are considered un-served and underserved in terms of access and network connection speeds.  The RBE program is largely considered to be the precursor to a much larger, potentially multi-billion dollar broadband infrastructure expansion effort to happen next year as part of the Obama Administration’s Connect America initiative.  Applications are due by Tuesday, October 14, 2014.  Additional information on the RBE program can be accessed here.  

RCRC has received several letters from a variety of telecommunication service providers from across the state expressing interest to expand rural broadband infrastructure throughout various communities within RCRC member counties.

House Agriculture Subcommittee Hearing on Rural Broadband Expansion

On Tuesday, the House Agriculture Subcommittee on Livestock, Rural Development, and Credit conducted a hearing to examine the hurdles to expanding broadband services throughout the country’s rural and remote areas.  The National Rural Electric Cooperative Association (NRECA) testified that only 23 percent of rural residents have wireline broadband at a speed of 50 Mbps, compared to 98 percent of urban residents.  The NRECA pointed to the National Broadband Map and anecdotal evidence that even 50 Mbps is extremely rare in rural America.  Additional comments were made regarding rural America’s interest the Federal Communication Commission’s (FCC) Connect America Fund and E-rate programs.  The FCC also recently launched the Rural Broadband Experiments program, the findings of which will help them better determine the challenges of expanding rural broadband access.  The U.S. Department of Agriculture’s Rural Utility Service (RUS) also testified at the hearing.  RUS’s current loan portfolio consists of nearly $4.6 billion in funds designed to help deliver affordable and reliable advanced telecommunications services to rural communities.

Federal Highway Trust Fund Fix Headed to the President

Late last night, the Senate gave approval to a short-term fix for the Highway Trust Fund (HTF).  This action came after a number of votes and debate over how to fund the nation’s transportation financing program.  On Tuesday, the Senate voted on House legislation - HR 5021 - to fund the HTF through May 31, 2015.  Prior to doing so, however, the Senate adopted two controversial amendments.  The first amendment, authored by Senator Ron Wyden (D-Oregon), replaced a key funding offset provision.  The second amendment, authored by Senators Barbara Boxer and others, reduced the length of funding to December 31, 2014, in an attempt to encourage Congress to act on a more long-term, multi-year funding reauthorization of the HTF.  As expected, the House took immediate action to remove the controversial Senate amendments, sending the bill back to the Senate.  In response to the House’s rejection of the Senate-amended version, the Senate agreed to adopt the House version.  This avoids a transportation funding crisis as the Federal Highways Administration was prepared to implement cash management procedures to limit the amount and distribution of payments to states.  

HR 5021 also includes an extension to MAP-21, the federal transportation funding program which is due to expire in September, and is paid for through a variety of funding mechanisms including “pension smoothing,” an extension of expiring customs duties, and funding transfers from the Leaking Underground Storage Tank Trust Fund.  The bill now heads to the President for his consideration, where he is expected to sign the bill into law. 

Congress will still need to work to reach an agreement over how to fund and how long to fund the HTF as well as renew MAP-21 in the coming months as it gets closer to the May 2015 extension deadline.

Congress Headed Home for August Recess

Following a flurry of activity, Congress is scheduled to adjourn for the August recess today. Both houses have addressed a number of important federal issues to date; however, final resolution to most of these issues remains in question. Congress will return after Labor Day with an expected adjournment date in late September or early October as members are eager to return home to campaign for the November General Election.

 

One of the most important issues that must be resolved is a comprehensive spending package before the end of the fiscal year, which concludes on September 30, 2014. While there is time in September to adopt some of the 12 annual appropriations bills, Congress is not expected to reach agreement on individual bills with 7 of the bills completed in the House and none in the Senate. With a variety of funding decisions left for Congress, RCRC anticipates that Congress is likely to pass a short-term funding measure, known as a Continuing Resolution (CR), to keep government programs running through the end of the calendar year. Unless Congress takes action to appropriate specific funding levels for each program, passage of a CR would maintain funding levels from the previous year, and apply across-the-board funding reductions mandated by the Budget Control Act of 2011, known as sequesters.

Of particular importance to RCRC member counties are several key federal programs that must be funded/reauthorized. These include an extension of the Secure Rural Schools (SRS) program, the Payment in Lieu of Taxes (PILT) program, and funding for the Highway Trust Fund (HTF). Associated with financing the HTF is an overall extension to the federal transportation funding program known as MAP 21. In late July, Congress enacted legislation to fund the HTF through May 31, 2015. Congress will likely begin work on a multiyear reauthorization in MAP 21 in early 2015, although additional sources of revenue still need to be found in order to fully fund the program. Another matter to be decided early in September is wildfire funding and authorization to allow the most costly fires to be funded by emergency appropriations rather than by diverting funds from other natural resources and public lands accounts.

RCRC and our federal advocates are monitoring all of the activities surrounding our federal priorities, and will report on developments when Congress returns in September.

For additional information on federal issues, please contact RCRC Legislative Analyst Randall Echevarria at (916) 447-4806 or rechevarria@rcrcnet.org.

Veteran Reform Legislation Passes Congress

This week, federal legislators took up and passed key Veterans legislation that would improve health care and health access for veterans, the Veterans Access, Choice, and Accountability Act of 2014, H.R. 3230 (Rogers, R-KY).

The House passed the Conference Report compromise on Wednesday 420-5 under “suspension of the rules”, a process that requires a 2/3rds majority vote. On Thursday, the Senate then proceeded to also pass the legislation, with a vote of 91-3. The bill has now been sent to the White House and the President is expected to sign the legislation into law.

H.R. 3230 would, among other things, increase access to care for veterans by allowing them to seek private care at non-VA hospitals and clinics. Also, the bill would provide funding to hire additional doctors and nurses, and finance 27 clinics and VA medical facilities throughout the country. Overall, the bill would provide $17 billion in funding to reform the Veterans Affairs Department.

State Legislature Reconvenes for Last Push

The California State Legislature will reconvene from summer recess on August 4, 2014. Legislators will jump directly back into the thick of policy-making with a Senate Appropriations Committee hearing scheduled on Monday. This marks the four-week countdown to the end of session on August 31, 2014. During the month of August, the Legislature is expected to hear and take action on about a third of the 3000 plus bills that remain. To date, nearly 1000 bills have been enacted for this legislative year. It is expected that approximately 1100 bills will be heard and processed in this four week window.  Much of the outstanding legislation will never be heard as many measures have procedurally “died,” even though this won’t be official until November 30, 2014, the end of the two-year term. It is important to note that the last month of session, specifically the last week, is a popular time for the Legislature to utilize the power to “gut-and-amend” a measure. (A “gut-and-amend” is when a legislator takes a piece of legislation that has made it through a portion of the legislative process, but has stalled, and then deletes (“guts”) the contents of the bill and replaces it with completely different language.)  August 15, 2014 marks the deadline for all bills with a fiscal component to be addressed by the Appropriations Committee for each house. According to the Joint Rules of the Legislature, the last two weeks of session are reserved for Floor Sessions only. However, rule waivers, which require a 2/3 vote of the house waiving the rule, are common in the waning days of session.  A number of key RCRC issues remain outstanding and are expected to be addressed over the next four weeks, including:

Ø An alternative water bond;
Ø A regulatory framework for medical marijuana;
Ø Groundwater management;
Ø Local permitting of residential solar facilities;
Ø Native American CEQA issues;
Ø Education access issues;
Ø Allocations from the Indian Gaming Special Distribution Fund;
Ø Timber harvest plan exemptions;
Ø Mandatory organic waste recycling; and,
Ø The requirement for locally-elected officials to reinstate with CalPERS. 

For further information regarding the end of session or the status of certain bills or issues, please contact RCRC Governmental Affairs staff at (916) 447-4806.

FEDERAL AND STATE REGULATORY UPDATE

RCRC members are encouraged to submit comments on regulatory matters to state and federal regulatory bodies, and to provide a copy to RCRC’s Government Affairs staff. 

Possible Adoption of Emergency Regulation to Add Tricolored Blackbird (Agelaius tricolor) to the List of Endangered Species: Would immediately list the tricolored blackbird as an endangered species under the California Endangered Species Act.  Agency: California Fish and Game Commission Status: Commission to hear and possibly adopt on August 6, 2014, comments due by noon August 1, 2014, submit to fgc@fgc.ca.gov.  RCRC Comments: Click here  RCRC Advocate: Staci Heaton sheaton@rcrcnet.org

SRA Fire Safe Regulations Update, 2014: Updates existing regulations to amend requirements on fire access roads and other issues.  Agency: California Board of Forestry and Fire Protection  Status: Final draft published on July 4, 2014 for 45-day comment period, comments due August 25, 2014 by 5 p.m.  RCRC Comments: Staff is seeking input from member counties.  RCRC Advocate: Staci Heaton sheaton@rcrcnet.org

Amendments to Statewide Water Quality Control Plans to Control Trash: Developing amendments to various water quality plans and permits to control trash.  Agency: State Water Resources Control Board  Status: Draft published on June 10, 2014 for a 45-day comment period, comments due August 5, 2014 by 5 p.m.  RCRC Comments: Staff is seeking input from member counties.  RCRC Advocate: Staci Heaton sheaton@rcrcnet.org

Definition of “Waters of the United States” Under the Clean Water Act: Changes the definition of “Waters of the United States” in the Clean Water Act and expands federal jurisdiction over waterways.  Agency: U.S. Environmental Protection Agency, U.S. Army Corps of Engineers Status: Draft published on April 21, 2014 for a 180-day comment period, comments due October 20, 2014.  RCRC Comments: Click here  RCRC Advocate: Staci Heaton sheaton@rcrcnet.org

Carl Moyer Guidelines Update: The Executive Officer at ARB proposes to update the Moyer Guidelines to align with the Truck and Bus Amendments to expand funding eligibility and prioritize funds toward small fleets.  Agency: California Air Resources Board Status: Proposed language posted July 8, 2014 for a 45-day public comment period, comments due August 22, 2014.  RCRC comments: Staff is seeking input from member counties.  The Moyer Guidelines Update information can be accessed here.  RCRC Advocate: Mary Pitto mpitto@rcrcnet.org

Revisions to Hazardous Waste Analysis Guidance Manual: The draft Guidance Manual provides guidance on how to develop and implement a Waste Analysis Plan (WAPA) suitable for managing hazardous wastes in accordance with the Resource Conservation and Recovery Act (RCRA), assist permit writers in evaluating WAPs, and assist enforcement personnel in determining facility compliance.  Agency: US Environmental Protection Agency Status: Draft language posted July 11, 2014 for a 45-day public comment period, ending August 24, 2014.  RCRC comments:  Staff is seeking input from member counties.  The draft Guidance Manual can be accessed hereRCRC Advocate:  Mary Pitto mpitto@rcrcnet.org

California Carpet Stewardship Plan Annual Report: The Carpet America Recovery Effort (CARE) has submitted their annual report for review and approval.  Agency: CalRecycle Status: Report posted July 1, 2014, comment period extended to August 29, 2014.  RCRC comments: Staff is seeking input from member counties.  The Annual Report can be accessed hereRCRC Advocate:  Mary Pitto mpitto@rcrcnet.org