Barbed Wire - August 18, 2014

August 18, 2014
2014 RCRC Annual Meeting - Reserve Lodging by August 24th!!!
Governor Brown Meets with RCRC Board of Directors
Follow RCRC on Social Media
Water Bond Replacement Signed by Governor
Groundwater Legislation Moving Forward
RCRC Submits Comments on Bay Delta Conservation Plan
State Medical Marijuana Legislation Fails Passage
House Majority Leader Hints at Priorities for September
Obama Signs Highway Funding Legislation
Californians Introduce “Water in the 21st Century Act”
EVENTS/NOTICES
LEGISLATIVE UPDATE
REGULATORY UPDATE

2014 RCRC Annual Meeting - Reserve Lodging by August 24th!!!

RCRC’s 2014 Annual Meeting will be held September 24-26 at the Resort at Squaw Creek in Placer County.  RCRC is excited about the developing program where you will hear experts discuss a wide range of topics of interest to rural counties, including panels on the Endangered Species Act, Marijuana in Colorado (One-Year Later), Ethics in Politics, Gambling in California, and Rural Economic Development.

To register for the 2014 Annual Meeting or to review the current program, click here

Governor Brown Meets with RCRC Board of Directors

Governor Jerry Brown addressed the August Board of Directors meeting in Sacramento.  The Governor spent nearly thirty minutes speaking to the Board and answering questions related to rural county issues, including the need for a water bond (which subsequently passed later in the day), State Responsibility Area Fees, the need for better forest management, the issues related to marijuana cultivation, providing monies to counties under the State Payment in Lieu of Taxes (PILT) program, the status of county fairs, and criminal justice realignment.

Follow RCRC on Social Media

For timely, informative updates on issues impacting California’s rural counties throughout the week, be sure to follow RCRC on Facebook and Twitter.

Water Bond Replacement Signed by Governor

Legislative leaders had identified replacing the $11.1 billion water bond on the November ballot with a smaller bond as a top priority in the last month of the legislative session, but whether it would all come together was in doubt until last Wednesday afternoon. 

Polling on water issues - including a water bond - had revealed that the public is well aware of the drought, but that a smaller bond is preferred.  A recent Public Policy Institute of California (PPIC) poll revealed that 51 percent of likely voters would vote yes on the $11.1 billion bond, but that support increases to 59 percent of likely voters on a smaller bond.  Active opposition to a bond is also a key factor impacting the potential of passage, and the Governor had publically stated that he would campaign in opposition to the $11.1 billion bond if no agreement was reached to replace it. 

Issues at the heart of the negotiations included the total dollar amount, the dollar amount of funding for the public benefits of water storage, where Delta funding would be directed (State Agency versus the Delta Conservancy), and where the watershed funding would be directed (State Agencies versus State Conservancies). 

In response to the Secretary of State’s August 11, 2014 deadline to start printing the November 2014 ballot pamphlet, the Legislature passed and the Governor signed SB 1195 on August 11, 2014, which delayed the beginning of the mailing of the state ballot for the November 4, 2014 statewide General Election by two days.  The importance of this delay was that if the November 2014 ballot went to print on August 11, 2014, the pro and con arguments on the $11.1 billion water bond would appear in the November 2014 ballot pamphlet sent to voters.

On August 8, 2014, Senate Republicans introduced SB 2013 (Nielsen/Vidak), an $8.7 billion bond that included $3 billion for the public benefits of water storage.  On August 11, 2014, the Governor’s bond proposal was amended into SB 866 (Wolk/Steinberg) and AB 1471 (Atkins/Rendon).  The Governor’s $6.995 billion bond included $2.5 billion for the public benefits of water storage.  Discussions between the Administration and legislative leaders continued in an attempt to reach an agreement.

Agreement was ultimately reached Wednesday, August 13, 2014, on a $7.545 billion bond - $7.12 billion in new debt and the repurposing of $425 million from Propositions 84, 50, 13, 204, 44, 82, and 1E.  Key to reaching agreement was the increase in the funding for the public benefits of storage from $2.5 billion to $2.7 billion.

The Assembly and Senate passed both SB 866 and AB 1471 Wednesday evening and shortly thereafter Governor Brown signed AB 1471.  The water bond will be Proposition 1 on the November ballot.  The Governor vetoed SB 866 as it was identical to AB 1471.     

AB 1471, the Water Quality, Supply, and Infrastructure Improvement Act of 2014, can be accessed here.  An outline of the bond can be accessed here.

Groundwater Legislation Moving Forward

There is a concerted effort underway to enact, prior to the end of the 2014 Legislative Session, significant changes to the groundwater management law.  The two legislative vehicles are SB 1168 (Pavley) and AB 1739 (Dickinson).  As most recently amended, the two bills mirror each other.  Senator Pavley and Assembly Member Dickinson are working closely with each other and the Brown Administration on development of a comprehensive statewide measure. 

Of key concern to counties has been the potential impact of groundwater management legislation on local land use authority.  RCRC has taken an Oppose Unless Amended position on both bills, and has been actively seeking amendments.  The most recent joint RCRC/CSAC letter on SB 1168 can be accessed here.  The duplicate letter on AB 1739 can be accessed here.

SB 1168 passed the Assembly Appropriations Committee, and AB 1739 passed the Senate Appropriations Committee on August 14, 2014.  SB 1168 is now headed to the Assembly Floor, and AB 1739 is on its way to the Senate Floor.  At least one more set of amendments to the bills are anticipated.  RCRC will revisit our position upon reviewing the next set of amendments.

The text of SB 1168 and related information can be accessed here.  The text of AB 1739 and related information can be accessed here.

RCRC Submits Comments on Bay Delta Conservation Plan

RCRC submitted comments on the Bay Delta Conservation Plan (BDCP), the BDCP draft Environmental Impact Report/Environmental Impact Statement (DEIR/EIS), and the BDCP Implementation Agreement (IA) on July 29, 2014.  Of particular concern to RCRC is the 50-year permit term, the guarantees proposed to be afforded to the proponents of the BDCP, and the lack of assurances for areas upstream of the Delta and in-Delta which are not party to the BDCP. 

Given the significant deficiencies in the BDCP, RCRC is urging federal and state agencies to significantly revise and then recirculate for public review and comment the draft BDCP, DEIE/EIS, and the draft IA.

RCRC’s comment letter can be accessed here.

State Medical Marijuana Legislation Fails Passage

Last week, SB 1262 (Correa), co-sponsored by the League of California Cities and the California Police Chiefs Association to establish a statewide medical marijuana regulatory framework, failed passage in the Assembly Appropriations Committee.  While the bill would be paid for through a variety of medical marijuana licensing and business fees, there would be some up front costs to the state to establish a new state department and hiring staff.  RCRC had a number of lingering concerns with the measure; however, amendments were being prepared to help address some of our concerns.  We anticipate the issue of developing a statewide medical marijuana regulatory framework will continue to be an issue during the final days of the 2014 Legislative Session, and RCRC advocacy team will remain vigorous in conveying the concerns of rural counties if discussions materialize.

House Majority Leader Hints at Priorities for September

Rep. Kevin McCarthy (R-CA), the new House Majority Leader, sent a memo last week to House Republicans indicating his legislative priorities for the short working period in September.  McCarthy cited three priorities:

  • Jobs and economic growth;
  • Lowering costs on gas and groceries; and,
  • Healthcare. 

The Majority Leader intends to send the Senate a single package of previously considered jobs bills; a consolidated energy package that will “open federal lands, support the Keystone XL pipeline, and prevent environmental regulations that are killing American-made energy; and a bill that would allow those who purchase health care on the group market to keep their existing plans.  The House and Senate are currently in recess and will reconvene after Labor Day before recessing again at the end of September for the November elections.

Obama Signs Highway Funding Legislation

On August 8, 2014, President Barack Obama signed HR 5021 which will provide funding to the Highway Trust Fund (HTF) and an extension to the Moving Ahead for Progress in the 21st Century Act (MAP-21) – our nation’s primary source of transportation funding – through May 31, 2015.  HR 5021 is funded through a variety of funding mechanisms, including pension smoothing, an extension to expiring customs duties, and funding transfers from the Leaking Underground Storage Tank Trust Fund.  While passage of the bill will allow the Department of Transportation to avoid implementing cash management procedures that would draw back the amount and distribution of payments to states, the extension of funding to the HTF and MAP-21 is short-term in nature, and will require Congress to address issues of HTF funding shortfalls again early next year.

Californians Introduce “Water in the 21st Century Act”

Before Congress recessed for the month of August, Senators Barbara Boxer (D-CA) and Dianne Feinstein (D-CA), and Representative Grace Napolitano (D-CA), introduced legislation to address emerging water concerns regarding drought, climate change, and consumer awareness. 

The legislation includes a number of provisions that could help communities in California and across the country, including:

Efficiency and Conservation: Strengthens EPA’s WaterSense program, which promotes water conservation in products, buildings, and landscapes through information and rebates.  The bill authorizes $50 million to administer the program and $700 million for rebates, through FY2019, and then funds them at FY2019 levels adjusted for inflation thereafter.  Creates a new grant program within the Environmental Protection Agency for local water systems to conserve water, increase water efficiency or reuse water; modify or relocate existing water system infrastructure made or projected to be made inoperable by climate change impacts; preserve or improve water quality, and other projects.

Water Recycling, Storage, and Integrated Water Management: Leverages federal financing – through loan guarantees and matching grants – to help support projects on a regional scale, including water recycling, ground water management, water storage and water conveyance infrastructure including $250 million over five years for secured loans and $150 million for integrated regional water management, reclamation, and recycling projects grants.

Research, Data, and Technology:Establishes an open water data system at the Department of the Interior; reauthorizes the Water Resources Research Act at $9 million a year through 2020; reauthorizes the Water Desalination Act at $3 million a year through 2020, and directs the Secretary of the Army to review reservoir operations and assess whether there is a benefit in adjusting operations to take into account improved forecasting data.  

Drought Preparedness:Establishes Drought Resilience Guidelines for state and local agencies through EPA in coordination with USDA, Commerce and Interior and directs U.S. Fish and Wildlife Service, in consultation with state and federal agencies, to prepare a salmon drought plan to address the impacts of drought on the salmon population.  

EVENTS/NOTICES

Juvenile Offender Rehabilitative Facilities Construction Program: SB 81 Round Two RFP Released

The Board of State and Community Corrections (BSCC) has released the request for proposals associated with the juvenile rehabilitative facilities construction program first authorized in SB 81 (2007). Thirteen projects have already been awarded conditional financing under the first round of SB 81 funding, but nearly $80 million remains in state-funded lease revenue bond financing for the acquisition, design, renovation, or construction of juvenile facilities in California. Projects funded out of Round Two must be commenced by June 30, 2017. 

The RFP, available here, details key events, technical requirements, evaluation factors, and other considerations. Matching funds of 25 percent, with a waiver process available for counties with a population of less than 200,000, must be proffered. 

A bidders’ conference is scheduled for the afternoon of October 14 at BSCC’s headquarters in Sacramento. Preregistration is required.

The final deadline for proposals is 5 p.m. on December 19. CSAC will continue to provide updates on this process. Counties are urged to attend the bidders’ conference and all public meetings associated with the BSCC application process.

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 896 (Eggman): Wildlife Management Areas/Mosquito Abatement. Assembly Bill 896 would help protect the public’s health from vector borne diseases such as the West Nile Virus through a multipronged approach that requires collaboration among state agencies and the local vector control districts to control mosquito and vector breeding populations in wildlife management areas.  Status: Passed out of the Senate Appropriations Committee.  RCRC Position: Support

AB 1174 (Bocanegra): Dental Professionals. AB 1174 would establish the Virtual Dental Home (VDH) system statewide and extend the scope of practice for registered dental assistants and dental hygienists such that they are able to perform early intervention procedures on patients who traditionally are not able to go to a dental office for treatment.  Status: Passed out of the Senate Appropriations Committee.  RCRC Position: Support

AB 1451 (Holden): Concurrent Enrollment. AB 1451 would help provide rural high school students with access to higher education opportunities.  Status: Held in the Senate Appropriations Committee.  RCRC Position: Support

AB 1739 (Dickinson): Groundwater Management. Assembly Bill 1739 would require comprehensive sustainable groundwater management plans in all groundwater basins the Department of Water Resources determines to be of medium or high priority.  Status: Passed out of the Senate Appropriations Committee.  RCRC Position: Oppose Unless Amended

AB 1826 (Chesbro): Solid Waste: Organic Waste: AB 1826 would address commercial disposal and recycling of organic waste, and various waste management issues of importance to rural counties.  Status: AB 1826 gained final passage in both houses of the Legislature and now awaits the Governor’s consideration.  RCRC Position: Support

AB 2241 (Eggman): Local Government/Agricultural Land. Assembly Bill 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 until January 1, 2020.  Status: Passed out of the Senate Appropriations Committee.  RCRC Position: Support

AB 2311 (Bradford): General Assistance/Employable Veterans. Current law allows a county to prohibit an employable individual from receiving these benefits for more than 3 months in a 12 month period, provided they have been offered a job training opportunity.  AB 2311 would exclude employable veterans who were honorably discharged from the armed forces from this prohibition and impose a statewide mandate for a specific population.  Status: Held in the Senate Appropriations Committee.  RCRC Position: Oppose

AB 2363 (Dahle): Electricity Procurement. Assembly Bill 2363 would require the development of integration adders so that the Commission may accurately consider the full costs and benefits of the various technologies in its renewable portfolio standard decision-making.  Status: Passed out of the Senate Appropriations Committee.  RCRC Position: Support

AB 2413 (Perez): Office of Farm to Fork. AB 2413 would create the Office of Farm to Fork under the direction of the Department of Food and Agriculture and would require the office to identify communities in both rural and urban areas that lack access to healthy food.  Status: Passed out of the Senate Appropriations Committee.  RCRC Position: Support

AB 2703 (Quirk-Silva): County Veterans Service Officers. AB 2703 would allocate $6,000,000 from the General Fund to counties for the purpose of funding various CVSO activities, and would create a formula through which those funds would be allocated.  Status: Held in the Senate Appropriations Committee.  RCRC Position: Support

SB 1137 (Torres): School Transportation Apportionments. SB 1137 would reimburse school districts for 50 percent of approved transportation costs.  Status: Held in the Assembly Appropriations Committee.  RCRC Position: Support

SB 1168 (Pavley): Groundwater Management. Senate Bill 1168 would require comprehensive sustainable groundwater management plans in all groundwater basins the Department of Water Resources determines to be of medium or high priority.  Status: Passed out of the Assembly Appropriations Committee.  RCRC Position: Oppose Unless Amended

SB 1219 (Torres): Public Employees' Retirement: Service After Retirement: SB 1219 allows those serving in elected office from mandatory re-instatement into the California Public Employees Retirement System if they are a retired CalPERS annuitant.  Status: SB 1219 awaits consideration on the Assembly Floor.  RCRC Position: Support

SB 1292 (Hueso): Safe Drinking Water State Revolving Fund. Senate Bill 1292 would increase the maximum amount of a construction grant award from $3 million to $5 million for a water system serving severely disadvantaged communities.  Status: Passed out of the Assembly Appropriations Committee.  RCRC Position: Support

SB 1341 (Mitchell): Medi-Cal/Statewide Automated Welfare System. SB 1341 would require SAWS to be the system of record for Medi-Cal, and contain all Medi-Cal eligibility rules and case management functionality.  Status: Passed out of the Assembly Appropriations Committee.  RCRC Position: Support

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. 

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

CalEnviroScreen 2.0: The final updated version of CalEPA’s environmental health screening tool, CalEnviroScreen, was released August 14, 2014.  Agency: Office of Environmental Health Hazard Assessment  Status: Final document  RCRC Comments:  RCRC is interested in learning of its use at the local level.  A copy of the CalEnviroScreen can be accessed here  RCRC 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

Preliminary Discussion Draft of Updates to the CEQA Guidelines: The preliminary discussion draft of updates to the CEQA Guidelines implement SB 743 (Steinberg, 2013) and address the evaluation of transportation impacts under CEQA.  Agency: The Governor’s Office of Planning and Research (OPR)  Status: Draft language released August 6, 2014 with comments due by October 10, 2014.  RCRC comments: Staff is seeking input from member counties.  A copy of the preliminary discussion draft can be accessed hereRCRC Advocate:  Mary Pitto mpitto@rcrcnet.org

Air Toxics Hot Spots Draft Guidance Manual: The draft Guidance Manual provides an updated method to estimate health risks from air pollution sources that will increase the number of facilities subject to the “Hot Spots” program, requiring additional notifications or plans for reducing emissions.  Agency: Office of Environmental Health Hazard Assessment  Status: Draft language posted June 28, 2014 for a 45-day public comment period.  Comments extended to August 18, 2014.  RCRC comments:  RCRC will join CalChamber and others expressing concerns with the draft Guidance Manual.  The draft Guidance Manual 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