The Barbed Wire - August 25, 2017

August 25, 2017
Rural Issues Remain to be Addressed as Legislature Returns from Summer Recess
CA FWD COMMENTARY: Don’t Leave Rural California Behind
RCRC’s 2017 Annual Meeting: Register Today!!!
Assembly Member Brian Dahle Selected to Lead Assembly Republican Caucus
Small Cell Legislation Awaits Further Action by the Assembly Appropriations Committee
Cap-and-Trade Expenditure Plan Discussions Takeoff in the Legislature
RCRC Supported Bill Allocating Butte Fire Settlements Clears First Senate Committee
Debt Ceiling
RCRC Rural Photo Contest
RCRC MEMBER SPOTLIGHT
KEEPING UP
BULLETIN BOARD
LEGISLATIVE UPDATE
REGULATORY UPDATE

Rural Issues Remain to be Addressed as Legislature Returns from Summer Recess

The California Legislature returned from their month-long summer recess this week, leaving fewer than 30 days to address several outstanding issues of particular importance to California’s rural counties. The Rural County Representatives of California (RCRC) advocacy team has been instrumental in ensuring the rural voice is heard in the State Capitol, and now it’s time for the Legislature to decide the fate of a number of legislative proposals that would impact California’s rural counties.  Read More…

CA FWD COMMENTARY: Don’t Leave Rural California Behind

By Bob Williams

RCRC Chair, and Tehama County Supervisor

California is unequivocally rural, yet those of us who live in rural California often feel forgotten. Rural California accounts for 55 percent of the state’s land mass but only 9 percent of the population. As a result, our voice is often drowned out in Sacramento by more populous regions with more readily available financial resources.  Read More…

RCRC’s 2017 Annual Meeting: Register Today!!!

RCRC’s 2017 Annual Meeting will be held September 27-29 at the Lake Tahoe Resort Hotel in El Dorado County.  This year’s program will feature experts discussing a wide range of topics of interest to rural counties, including:

  • Daylight Saving – It’s Time for the Discussion
  • The Opioid Crisis in California’s Rural Counties
  • A Rural Way of Life – Healthy of Harmful?
  • Unfairly Labeled?  The Debate over Intergenerational Dynamics
  • Emergency Preparedness and Recovery – Lessons Learned from the Oroville Spillway Disaster

Registration is now open via the online portal.  Read More…

Assembly Member Brian Dahle Selected to Lead Assembly Republican Caucus

On Thursday, California Assembly Republicans selected Assembly Member Brian Dahle (R-Bieber) to lead the 25-member Assembly Republican Caucus.  Assembly Member Dahle succeeds Assembly Member Chad Mayes (R-Yucca Valley), who faced political backlash following his vote to extend the state’s Cap-and-Trade program.  Read More…

Small Cell Legislation Awaits Further Action by the Assembly Appropriations Committee

This week, RCRC-opposed Senate Bill 649, authored by Senator Ben Hueso (D-San Diego), was determined to have potential significant fiscal impacts and was placed on the Assembly Appropriations Committee (Committee) suspense file.  Bills placed on the suspense file will be voted on and may pass out of Committee the end of August 2017. 

SB 649 would eliminate local consideration of the aesthetic and environmental impacts of “small cell” structures and force counties to lease space to wireless companies at a rate set by the Legislature.  RCRC and its local government partners remain strongly opposed to the legislation.  At this time, seventeen RCRC member counties have submitted letters of opposition, which can be accessed here.  The text of the bill can be accessed here.

In order for SB 649 to be considered by the Governor this year, it must pass out of the Assembly and Senate by September 15, 2017.

Cap-and-Trade Expenditure Plan Discussions Takeoff in the Legislature

This week, the Legislature begun discussions on how to spend proceeds from California’s Cap-and-Trade auction.  The Assembly Budget Subcommittee on Resources and Transportation held a hearing on Wednesday, and the Senate Budget Subcommittee on Resources, Environmental Protection, Energy and Transportation held a hearing on Thursday to discuss Cap-and-Trade expenditures.  RCRC was present at both hearings to address the need for significant investments in healthy forest programs, as well as advocating for a change in the way the State defines “disadvantaged communities” for the purposes of allocating auction proceeds.

In July, the Legislature and Governor Brown negotiated and passed the Cap-and-Trade extension.  With the extension, the Legislature and the Administration must settle on how to spend auction proceeds for the 2017-18 budget year.  An expenditure plan is expected to be finalized before the end of the 2017 Legislative Session.

Of importance to RCRC member counties, the Cap-and-Trade extension eliminates the State Responsibility Area fee permanently, and backfills the fund from Cap-and-Trade auction proceeds through 2030.  RCRC continues to work hard to advocate for significant funding for healthy forest programs to alleviate wildfire risk and aid in tree mortality mitigation, and advocating for a modified definition of disadvantaged communities that will allow more rural areas to compete for targeted Cap-and-Trade dollars.  RCRC also continues supporting funds for organics diversion programs and wood stove replacement programs.

RCRC’s letter to the Assembly Budget Subcommittee on Resources and Transportation, and the Senate Budget Subcommittee on Resources, Environmental Protection, Energy and Transportation regarding the 2017-18 Cap-and-Trade Expenditure Plan can be accessed here and here

RCRC Supported Bill Allocating Butte Fire Settlements Clears First Senate Committee

On Tuesday, Assembly Bill 524 by Assembly Member Frank Bigelow (R-O’Neals) passed out of the Senate Natural Resources and Water Committee by a unanimous vote.  The bill, which carries an urgency clause, and will need a two-thirds vote to pass off the floor, would allocate more than $8 million in penalties and settlements from utilities that were found negligent in contributing to the 2015 Butte Fire to wildfire prevention and tree mortality mitigation grant programs. 

The RCRC-supported measure’s next stop is the Senate Energy, Utilities and Communications Committee, with the hearing date yet to be set.

Debt Ceiling

September 30, 2017 is quickly approaching, and when Congress returns to D.C. they will immediately enter negotiations to raise the debt ceiling.  The threat of a government shutdown grows with every passing day, even before President Donald Trump promised a shutdown if Congress does not fund his controversial border wall.  The President made the threat in front of supporters at a rally in Phoenix where he said “if we have to close down our government, we’re building that wall.” 

The departure of Steve Bannon has left the President surrounded by a more conventional team of staffers who will be more willing to strike a deal, but the President’s cold war with Senator Mitch McConnell (R-KY) is making the process difficult.  The President has not spoken with McConnell in weeks, and is openly criticizing the Majority Leader for failing to repeal and replace Obamacare.  McConnell issued a statement on Wednesday expressing his commitment to working with the President on advancing the Republican agenda.  House Speaker Paul D. Ryan (R-Wis.) played down the prospect of a shutdown, telling reporters Wednesday that even if the wall debate remains unresolved, Congress probably would pass a stopgap extension of funding to prevent a lapse when the fiscal year ends on September 30, 2017.  The President is meeting with GOP leadership from the House and Senate when they get back from congressional recess after Labor Day.  Congress will likely pass a continuing resolution to avoid a complete government shutdown.

RCRC Rural Photo Contest

RCRC has launched the 2017 Rural County Photo Contest!  The Rural County Photo Contest was created to promote tourism and local economic development through showcasing the beautiful landscape, scenery, activities, history, and charm of RCRC’s member counties.  All entries must include a brief description of each photo; location where the photo was taken, including the county in which it was taken; and, the photographer’s full name and email address.  Photo entries can be sent to spasquini@rcrcnet.org, and must be submitted in .jpeg, .jpg., or png. format, 300 dpi or less, and no larger than 10MB.  All photographs must be the original work of the participant, or must have the photographer’s written permission.  Read More…

RCRC MEMBER SPOTLIGHT

Nevada County Goes Green, and $aves Green!

Click here

KEEPING UP

Tony Tooke Named Chief of the U.S. Forest Service

Click here

BULLETIN BOARD

ScholarShare: California’s 529 College Savings Plan

Click here

Nevada County Launches New Website

Click here

Congressman Garamendi Solicits Nominations for 2017 Woman of the Year

Click here

Sustainable Groundwater Management Program News

Click 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.  

Assembly Bill 64 (Bonta): Cannabis: Medical and Nonmedical. Assembly Bill 64 make further revisions to recently-enacted cannabis regulatory statues. Status: AB 64 awaits final consideration in the Senate Appropriations Committee.  RCRC Position: Support if Amended

Assembly Bill 148 (Mathis): California Physician Corps Program: Practice Setting.  Assembly Bill 148 would revise the definition of “practice setting” for the Steven M. Thompson Physician Corps Loan Repayment Program (Program) to include rural area clinics that have 30 percent of patients from medically underserved populations. Status: AB 148 awaits final consideration in the Senate Appropriations Committee. RCRC Position: Support

Assembly Bill 524 (Bigelow): Personal Income Tax: Deduction: Remove Dead and Dying Trees. Assembly Bill 524 would allow a personal income tax deduction for expenses paid or incurred by a taxpayer in the taxable year in connection with the removal of a dead or dying tree on real property owned by the taxpayer. Status:  Senate Second Reading File.  Status: Support

Assembly Bill 653 (Ridley-Thomas): Property Taxation: Exemption: Indian Tribes.  Assembly Bill 653 would exempt from taxation property owned in fee by a federally-recognized Native American tribe.  Status: AB 653 awaits action in the Senate Governance and Finance Committee.  RCRC Position: Oppose

Assembly Bill 851 (Caballero): Local Agency Design-Build Projects. Assembly Bill include an extension of the sunset on county authority to utilize the construction manager at risk (CMAR) project delivery method. Status: Senate Third Reading File. RCRC Position: Support

Assembly Bill 1069 (Low): Local Government: Taxicab Transportation Services.  Assembly Bill 1069 would make changes to the local licensing of taxicabs.  Status: AB 1069 awaits action in the Senate Appropriations Committee.  RCRC Position: Neutral

Assembly Bill 1250 (Jones-Sawyer): Counties and Cities: Personal Contract Services.  Assembly Bill 1250 would establish specific standards for the use of personal services contracts by counties.  Status: AB 1250 awaits final consideration in the Senate Appropriations Committee. RCRC Position: Oppose

Assembly Bill 1410 (Wood): Emergency Medical Air Transportation.  Assembly Bill 583 would extend the dates of the Emergency Medical Air Transportation Act, so that the assessment of the penalties will continue until January 1, 2028, and any monies unexpended and unencumbered in the Emergency Medical Air Transportation Act Fund on June 30, 2029, will transfer to the General Fund. Status: AB 1410 awaits final consideration in the Senate Appropriations Committee. RCRC Position: Support

Assembly Bill 1414 (Friedman): Solar Energy System Permits. Assembly Bill 1414 would set a hard cap on permitting fees for solar installations. Status:  Senate Third Reading File. RCRC Position: Oppose

Assembly Bill 1479 (Bonta): Public Records: Supervisor of Records: Civil Penalties.  Assembly Bill 1479 would establish civil penalties for California Public Records Act (CPRA) violations as well as create designated offices or persons to oversee CPRA responses to requestors.  Status: AB 1479 awaits final consideration in the Senate Appropriations Committee. RCRC Position: Oppose

Assembly Bill 1665 (Garcia, Eduardo): Telecommunications: Advanced Services Fund: AB 1665 would revise eligibility requirements for projects and project applicants for grants funded from the California Advanced Services Fund. Status: AB 1665 awaits action in the Senate Energy, Utilities, and Communications Committee. RCRC Position: Oppose Unless Amended

Senate Bill 249 (Allen): Off-Highway Motor Vehicle Recreation.  Senate Bill 249 would recast significant provisions of the Off-Highway Vehicle Program, which was designed to provide a venue for people to legally enjoy recreational vehicles while also assisting the local economy in many parts of rural California.  Status: SB 249 awaits final consideration in the Assembly Appropriations Committee. RCRC Position: Oppose

Senate Bill 252 (Dodd): Well Permits. Senate Bill relates to new well permits issued in critically over-drafted groundwater basins. Status:  Awaits action in the Assembly Appropriations Committee. RCRC Position: Neutral

Senate Bill 265 (Berryhill): Disaster Relief. Senate Bill 265 provides that the state share for the removal of dead and dying trees in connection with the Governor's Proclamation of a State of Emergency issued on the specified date. Status:  AB 265 awaits final consideration in the Assembly Appropriations Committee. RCRC Position: Support

Senate Bill 458 (Wiener): Beverage Container Recycling: Mobile Recycling Program.  Senate Bill 458 would permit the Department of Resources Recycling and Recovery (CalRecycle) to establish several mobile recycling pilot projects.  Status: SB 458 awaits action in the Assembly Natural Resources Committee.  RCRC Position: Support

Senate Bill 568 (Lara): Primary Elections: Election Date.  Senate Bill 568 would permanently place the Presidential Primary Election and the Gubernatorial Primary Election in March.  Status: Assembly Third Reading File.  RCRC Position: Oppose

Senate Bill 623 (Monning): Safe and Affordable Drinking Water Fund.  Senate Bill 623 would establish the Safe and Affordable Drinking Water Fund.  SB 623 would provide grants, loans, or services to assist those without access to safe and affordable drinking water. Status: SB 623 awaits final consideration in the Assembly Appropriations Committee.  RCRC Position: Oppose Unless Amended

Senate Bill 649 (Hueso): Wireless Telecommunications Facilities.  Senate Bill 649 would amend an existing law which provides that a wireless telecommunications collocation facility is subject to a city or county discretionary permit and is required to comply with specified criteria. Status: SB 649 awaits final consideration in the Assembly Appropriations Committee. RCRC Position: Oppose

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.  

Draft State Wetland Definition and Procedures for Discharges of Dredged or Filled Materials to Waters of the State.  Establishes a State Wetland Definition and Procedures for Discharges of Dredged or Fill Material to Waters of the State (Procedures), for inclusion in the forthcoming Water Quality Control Plan for Inland Surface Waters and Enclosed Bays and Estuaries and Ocean Waters of California.  The State version of the federal “Waters of the United States” rule.  Agency: State Water Resources Control Board Status: The draft was released July 21, 2017, with the comment deadline now extended to September 18, 2017.  Board hearing is set for September 6, 2017.  The notice, draft, staff reports, and all other related documents can be accessed here.  RCRC Comments: Staff is seeking input from member counties.  RCRC Advocate: Staci Heaton sheaton@rcrcnet.org

Notice of Proposed Rulemaking Pertaining to Vested Rights Determinations and Mining Ordinances.  The proposed amended regulatory language is intended to implement the updates to Public Resources Code Section 2774 based upon the statutory changes made by Assembly Bill 1142 (Grey, 2016) pertaining to vested rights determinations and mining ordinances.  Agency: Department of Conservation State Mining and Geology Board.  Status: The notice was released June 23, 2017, with comments due August 17, 2017, and final consideration for adoption on September 14, 2017.  The notice and draft can be accessed here.   RCRC Comments: Staff submitted comments and suggested language for consideration.  RCRC Advocate: Mary Pitto mpitto@rcrcnet.org

Notice of Proposed Rulemaking Pertaining to Surface Mining Operation Inspections.  The proposed amended regulatory language is intended to implement the improvements and updates to Public Resources Code Section 2774 based upon the statutory changes made by Assembly Bill 1142 (Grey, 2016).  Agency: Department of Conservation State Mining and Geology Board Status: The draft was published April 28, 2017, with comments due by June 12, 2017.  The notice and draft update can be accessed here.  RCRC Comments: Staff submitted comments and suggested language for consideration.  RCRC Advocate: Mary Pitto mpitto@rcrcnet.org

Extension of Public Comment on Proposed Amendment to General Permit for Storm Water Discharges from Small Municipal Separate Storm Sewer Systems (MS4 General Permit).  The proposed amendment revises the implementation requirements of Total Maximum Daily Loads (TMDLs) in Attachment G and modifies the corresponding Findings, Provisions, and Fact Sheet of the Small MS4 General Permit accordingly.  The proposed amendment specifically addresses the implementation of 73 Total Maximum Daily Loads (TMDLs).  Agency:  State Water Resources control Board.  Status:  The proposed amendments were first released June 5, 2017.  Submission of written comments has been extended to noon Monday, August 21, 2017. The notice and proposed amendments can be accessed hereRCRC Comments:   Staff is seeking input from member counties.  RCRC Advocate: Staci Heaton sheaton@rcrcnet.org         

Draft State Wetland Definition and Procedures for Discharges of Dredged or Filled Materials to Waters of the State.  Establishes a State Wetland Definition and Procedures for Discharges of Dredged or Fill Material to Waters of the State (Procedures), for inclusion in the forthcoming Water Quality Control Plan for Inland Surface Waters and Enclosed Bays and Estuaries and Ocean Waters of California.  The State version of the federal “Waters of the United States” rule.  Agency: State Water Resources Control Board.  Status: The draft was released July 21, 2017, with the comment period extended to September 18, 2017.  Board hearing is set for September 6.  The notice, draft, staff reports, and all other related documents can be accessed here.  RCRC Comments: Staff is seeking input from member counties.  RCRC Advocate: Staci Heaton sheaton@rcrcnet.org