Barbed Wire - August 22, 2014

August 22, 2014
2014 RCRC Annual Meeting: Last Weekend to Reserve Lodging at Discounted Rate - Make Hotel Reservations by August 24th!!!
Patricia Megason Named to Capitol Weekly’s Top 100 List
OPR Seeking Comments on Updating Transportation Impacts Analysis in the CEQA Guidelines
Groundwater Bills on Senate and Assembly Floors
CalPERS Adopts Controversial Regulations on Employee Compensation
CTC Awards Active Transportation Program Funding
True Costs of “Fire Borrowing” Highlighted in New Report
EVENTS/NOTICES
LEGISLATIVE UPDATE
REGULATORY UPDATE

2014 RCRC Annual Meeting: Last Weekend to Reserve Lodging at Discounted Rate - Make Hotel Reservations 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

Patricia Megason Named to Capitol Weekly’s Top 100 List

RCRC Executive Vice President Patricia Megason has been named to Capitol Weekly’s Top 100 list for the fourth consecutive year.  The Top 100 represents Capitol Weekly’s view of the unelected Capitol community’s inner workings, and features the year’s “movers and shakers” in Sacramento.  The full list can be accessed here.

OPR Seeking Comments on Updating Transportation Impacts Analysis in the CEQA Guidelines

On August 6, 2014 the Governor’s Office of Planning and Research (OPR) released the preliminary discussion draft of updates to the CEQA Guidelines implementing SB 743 (Steinberg) for comments.  The draft addresses the evaluation of transportation impacts under CEQA, and identifies Vehicle Miles Traveled (VMT) as generally the most appropriate measure of transportation impacts.  While the draft does not set thresholds, it does develop guidelines for determining the significance of transportation impacts.  It also specifies that automobile delay is not a significant effect on the environment.  This proposal does not affect a jurisdiction’s ability to maintain the option of using Level of Service (LOS) under their police powers in general plans, zoning codes, and fee programs.  OPR is accepting comments through October 09, 2014. 

The OPR power point presentation given at its Local Government Roundtable can be accessed here.  A copy of the preliminary discussion draft can be accessed here.  RCRC staff is requesting member county comments on the proposed amendments.  Please contact RCRC Regulatory Affairs Advocate Mary Pitto at (916) 447-4806 or mpitto@rcrcnet.org with any questions, concerns, and/or comments.

Groundwater Bills on Senate and Assembly Floors

There is a concerted effort underway to enact, prior to the end of the 2014 Legislative Session, significant changes to groundwater management law.  The two legislative vehicles are SB 1168 (Pavley) and AB 1739 (Dickinson).  As most recently amended, the subject matter has been split between the two bills.  

SB 1168  (as amended August 19, 2014) now contains general provisions relating to sustainable groundwater management, exceptions for specified adjudicated basins, related definitions, a process by which basin boundaries can be adjusted, rules for the establishment of groundwater management agencies, a description of the powers and authorities of groundwater sustainability agencies, and requirements for groundwater sustainability plans, among other things.

AB 1739 (as amended August 18, 2014) provides specific authority to groundwater sustainability agencies to impose certain fees, as well as providing fee authority for the Department of Water Resources and the State Water Resources Control Board.  AB 1739 also establishes groundwater extraction reporting for probationary basins and basins without a groundwater sustainability agency, specifies the enforcement powers of a groundwater sustainability agency, and establishes the state intervention process for when local efforts are judged inadequate, among other things.     

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

A key county concern has been the potential impact of groundwater management legislation on local land use authority.  RCRC and CSAC have taken an Oppose Unless Amended position on both bills, and have been actively seeking amendments.  A number of amendments previously advocated for appear in one form or another in the two bills as amended.  However, new and unresolved issues remain.  The August 21, 2014 RCRC and CSAC joint oppose unless amended letter can be accessed here.

SB 1168 is on the Assembly Floor and AB 1739 is on the Senate Floor.  A least one more set of amendments to the bills are anticipated. 

CalPERS Adopts Controversial Regulations on Employee Compensation

This week, the California Public Employees Retirement System (CalPERS) Board of Directors considered an extensive regulatory package aimed at modifying what types of compensation can be included towards a new public employee’s pension.  Specifically, the proposed regulations provide for an inclusion of various specialized increases in pay (i.e. marksmanship pay, emergency medical technician pay, bilingual pay, etc.) when calculating an employee’s pension as a CalPERS member.  These classifications would be above and beyond the base rate of pay. 

Last week, Governor Brown sent a letter to the CalPERS Board indicating his displeasure with one of the components of the proposed regulations – the temporary upgrade pay.  This allows an employee who is deemed in an “Acting” capacity to enjoy not only a higher salary for the temporary duration, but to allow that higher salary to be included when calculating pension benefits.  CalPERS staff believes temporary upgrade pay is aligned with a more normal monthly rate of pay.  This is based on the fact that these temporary assignments are at the control of the employer, and the employee is receiving the normal rate of pay for the actual duties that employee has be assigned.  Eric Stern, Analyst with the Department of Finance, also spoke before the CalPERS Board on behalf of the Brown Administration voicing this opposition, indicating that those elevated to a higher position on a temporary basis should not have the increased compensation counted towards their pension.  Representatives from the League of California Cities also spoke against the entire proposed regulatory package due to cost pressures and rate increases upon municipalities.

Despite several attempts to remove the ‘temporary upgrade pay’ from the regulatory package, the Board adopted the entire package in a relatively divided vote.  A copy of the proposed regulatory package can be accessed here.

Shortly following the vote, the Governor released the following statement:

“Today CalPERS got it wrong.  This vote undermines the pension reforms enacted just two years ago.  I’ve asked my staff to determine what actions can be taken to protect the integrity of the Public Employees’ Pension Reform Act.”

It should be noted that these regulations must now be approved in accordance with the regulatory-making process within the Administrative Office of Law.  It is expected this regulatory package will go into formal law later this year.

CTC Awards Active Transportation Program Funding

This week, the California Transportation Commission (CTC) approved 145 projects to receive funding under the newly established Active Transportation Program (ATP).  The ATP program was adopted last year through SB 99, which consolidated several state and federal transportation programs that support active transportation, including the Transportation Alternatives Program, Recreational Trails, and Safe Routes to Schools programs.  Importantly, SB 99 included a 10 percent rural set-aside that RCRC strongly advocated for during negotiations last year.  RCRC anticipates the CTC will review the program evaluation criteria, guidelines, and application process to support the next round of ATP funding scheduled to be announced early in 2015.  RCRC staff will work closely with the CTC, California State Transportation Agency, the California Department of Transportation, and other transportation stakeholders to address any issues of rural county concern.  A complete list of the approved projects can be accessed here.

True Costs of “Fire Borrowing” Highlighted in New Report

This week, United States Department of Agriculture (USDA) Secretary Tom Vilsack released a report titled The Rising Cost of Fire Operations: Effects on the Forest Service’s Non-Fire Work, which highlights the United States Forest Service (USFS) firefighting budget reductions and how USFS non-fire program budgets have suffered as a result of “fire borrowing” to pay for the costs of fighting wildfires.  Since 2000, wildfire suppression funding has exceeded the budgeted amount in all but four years, and as a result, shortfalls have been covered by “borrowing” or “transferring” funds from various USFS programs that have already suffered devastating cuts. 

In 2014, it is estimated the USFS will spend approximately 42 percent of their Budget on fire suppression.  Just twenty years ago, they spent 16 percent.  USFS fire personnel staffing has increased by 110 percent, while staffing levels for forest management activities has declined by 35 percent.  This shift has substantially altered the allocations for other forest service activities.  Some key activities have experienced significant decreases in funding including:

  • Vegetation and watershed management has suffered a 22 percent reduction in spending;
  • Facilities are down 67 percent;
  • Roads are down 46 percent;
  • Trails are down 14 percent;
  • Fisheries are down 17 percent; and,
  • Deferred maintenance is down 95 percent.

The Secretary reported that the funds are not merely being “borrowed” as they should be, but are being incompletely replenished by Congress, creating a larger and larger shortfall each year.  Moreover, even when the funding is replaced, it is often too late to re-start or begin a forest management project, which then defers that critical maintenance or fire prevention activity to another year.

One solution highlighted by the Secretary is support for a system that would allow for the costs of fighting the most expensive, catastrophic fires each year to be funded out of a special allocation, as laid out by the Wildfire Disaster Funding Act.  This would eliminate the so-called “fire borrowing,” protecting the base funding for fire prevention, forest and watershed management, and other key USFS activities currently being devastated by the existing funding mechanism.

“Lightning strike fires are no different than tornadoes, hurricanes, and floods,” said Secretary Vilsack, “[the current funding mechanism] is only paying for the pound of cure instead of the ounce of prevention.”

RCRC continues to support an alternative funding method for wildfire disasters which would ensure that forest management activities are maintained.  The complete USDA report can be accessed here.

EVENTS/NOTICES

National Rural Assembly Webinar: How to Apply for the Rural Broadband Experiments

Click here.

USFS Announces Forest Plan Revision Workshops

Region 5 of the U.S. Forest Service (USFS) has announced the next round of public workshops to take public input on what should be included in the Environmental Impact Statement for the plan revisions for the Inyo, Sierra, and Sequoia National Forests.  The three workshops are set for mid-September in locations relevant to each forest. 

Region 5 staff has been working on the plan revisions since the latest amended National Forest Land Management Planning Rule was finalized in 2012, and has already released a “science synthesis” document and the Need to Change for public comment.  Staff slowed down the process and added more workshops at the request of several stakeholders, including RCRC, because the process was moving too quickly for the public to give meaningful input.  The three California forests are “early adopter” forests in the planning process, and are among only eight forests currently undergoing plan revisions under the new Planning Rule. 

The three workshops will be held at the following locations, dates, and times:

  • 6:00-8:00pm - Monday, September 15, Sierra National Forest, Holiday Inn, 5090 East Clinton Way, Fresno, CA
  • 6:00-8:00pm - Tuesday, September 16, Sequoia National Forest, Supervisor’s Office, 1839 South Newcomb Street, Porterville, CA
  • 6:00-8:00pm - Thursday, September 18, Inyo National Forest, Tri-County Fairgrounds, Sierra Street & Fair Drive, Bishop, CA

Detailed information on the Region 5 forest plan revision process can be accessed here.

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 1705 (Williams): Public Contracts: Payment.  AB 1705 would prematurely extend the sunset provision on retention limitations, placing limited resources for schools, hospitals, parks, fire houses, and various other public infrastructure at risk.  Status: Gained passage in the Senate and Assembly, and awaits the Governor’s consideration.  RCRC Position: Oppose

AB 1867 (Patterson): Forestry.  AB 1867 would allow landowners to sell timber removed during the course of defensible space vegetation management work up to 150 feet on each side of a legally permitted structure. Status: Gained passage in the Senate, and awaits consideration in the Assembly.  RCRC Position: Support

AB 1948 (Mullin) Counties: Qualification for Office: AB 1948 would impose minimum training/education requirements for those elected to the office of County Treasurer/Tax Collector.  The bill was amended to address RCRC and other local government organization’s concerns.  Status: Gained final passage in both houses of the Legislature and now awaits the Governor’s consideration.  RCRC Position:  No Position

AB 2052 (Gonzalez) Workers’ Compensation:  AB 2052 would expand eligibility for special workers’ compensation benefits that are limited in current law to only specific categories of peace officers.  Status:  Gained final passage in both houses of the Legislature and now awaits the Governor’s consideration.  RCRC Position: Oppose

AB 2142 (Chesbro): Timber Harvesting Plans.  AB 2142 would extend the Forest Fire Prevention Exemption pilot project, as created by AB 744 of 2013, to include additional areas of the state that have significant fire hazard risks. Status: Gained passage in the Senate, and awaits consideration in the Assembly.  RCRC Position: Support

AB 2151 (Wagner): Counties: Search and Rescue: Costs.  AB 2151 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: Gained passage in the Senate and Assembly, and awaits the Governor’s consideration.  RCRC Position:  Support

AB 2184 (Chesbro): Forest Restoration Grants.  AB 2184 would have authorized funding from the Timber Regulation and Forest Restoration Fund to be used by the California Department of Forestry and Fire Protection to provide grants to remediate former marijuana growing operations.  Status: Failed passage in the Senate Appropriations Committee.  RCRC Position: Support

AB 2328 (Perez): California Corps:  AB 2328 would establish the California AmeriCorps to be administered by California Volunteers and operate under the existing federal AmeriCorps program guidelines.  Status: Gained final passage in both houses of the Legislature and now awaits the Governor’s consideration.  RCRC Position: Support

AB 2363 (Dahle): Electricity Procurement.  AB 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: Gained passage in the Senate and Assembly, and awaits the Governor’s consideration.  RCRC Position: Support

AB 2378 (Perea): Workers Compensation:  AB 2378 would increase workers’ compensation costs for state and local governments by allowing for an extra year of temporary disability benefits for public safety officers.  Status: Gained final passage in both houses of the Legislature and now awaits the Governor’s consideration.  RCRC Position: Oppose

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: Gained passage in the Senate, and awaits consideration in the Assembly.  RCRC Position: Support

AB 2490 (Eggman): District Agricultural Associations:  AB 2490 would addresses various reforms to the governance structure of operating local fairs/fairgrounds.  Status: Gained final passage in both houses of the Legislature and now awaits the Governor’s consideration.  RCRC Position: Support

AB 2616 (Skinner): Workers Compensation:  AB 2616 would extend a rebuttable presumption under our state’s workers’ compensation law to acute care hospital workers who contract methicillin-resistant Staphylococcus aureus skin infection.  Status:  Gained final passage in both houses of the Legislature and now awaits the Governor’s consideration.  RCRC Position: Oppose

SB 498 (Lara) Solid Waste: Biomass Conversion: SB 498 would help facilitate the development of cleaner and more efficient technologies in California for converting biomass materials to renewable energy. Status:  Gained final passage in both houses of the Legislature and now awaits the Governor’s consideration.  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: Gained passage in the Senate and Assembly, and awaits the Governor’s consideration.  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

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