The Barbed Wire - August 28, 2015

August 28, 2015
RCRC’s 2015 Annual Meeting –DISCOUNTED ROOMS FILLING UP QUICKLY!!!
Legislature Prepares for Final Weeks of the 2015 Regular Session
President Requests Extra Wildfire Funding as Part of Continuing Resolution
Drought, Conservation on Agenda at Upcoming Food and Ag Meeting
Groundwater Planning Grant Program Draft Guidelines and PSP Released for Public Comment
Joint Petition Filed Regarding California WaterFix
CASGEM Drought Monitoring
Household Water Shortage Data Website
End of Session Sees Legislative Leadership Shift
State Water Board to Drop Grazing Regulations
EPA Waters of the U.S. Rule Blocked by Federal Court
Grey Wolves Return as Western Governors Focus on ESA Reform
National Monument Designations
BULLETIN BOARD
LEGISLATIVE UPDATE
REGULATORY UPDATE

RCRC’s 2015 Annual Meeting –DISCOUNTED ROOMS FILLING UP QUICKLY!!!

RCRC’s 2015 Annual Meeting will be held September 23-25 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:

  • Water in California - What the Future Holds;
  • The Hidden World of Human Trafficking in California's Rural Counties;
  • What on Earth? The Environmental Impacts of Marijuana Cultivation;
  • Bracing for the Upcoming Political Season;
  • The Future of Federal Land Payments; and,
  • From Vaccines to Vaping – How Public Health Impacts Our Daily Lives.

Registration and the current program can be accessed here.  Details on lodging can be accessed here.  Use group code RCRC.

Legislature Prepares for Final Weeks of the 2015 Regular Session

The Legislature continues to review hundreds of bills as it works to a scheduled adjournment date of September 11, 2015 for the 2015 Regular Session.  A number of bills received their final fiscal review in their respective Appropriations Committees this week.  During this review process, dozens of bills failed while a near equal amount proceeded forward.  

Of importance to RCRC member counties are legislative measures dealing with medical marijuana, transportation, groundwater adjudication, cap-and-trade, surface mining, and others.  It is important to note that the Legislature has yet to resolve the resources-related portions of cap-and-trade allocations that were deferred from budget talks. 

The Legislature has begun to send a significant number of bills to the Governor for his consideration.  Bills presented to the Governor before Monday, August 31, 2015 have a 12-day period for his consideration.  For all bills passed after August 31, 2015, the Governor has until October 11, 2015 to sign, veto, or let a bill become law without his signature.

In addition to actions in the 2015 Regular Session, legislation is also moving forward in two separate Special Sessions – one for health care and one for transportation.  Those Special Sessions are not subject similar requirements for consideration, and have an unknown adjournment date.

President Requests Extra Wildfire Funding as Part of Continuing Resolution

This week, President Obama urged Congress to budget an additional $450 million for wildfire suppression to continue fighting the ongoing wildfires for the 2015 wildfire season.  Additionally, this funding would replenish accounts that were borrowed from at the U.S. Forest Service (USFS) following cost overruns in previous fire suppression efforts.  

The $450 million request appears on the list of “budget anomalies or exceptions” to the fiscal year 2015 spending plan proposed by the Administration.  These additional funds would need to be included in the likely necessary Continuing Resolution that will keep the government afloat after October 1, 2015 if a Budget is not passed.

According to USFS Chief Tom Tidwell, a shift of funds from forest health and fire prevention projects to firefighting needs began this month with an initial transfer of $250 million, expected to be followed by another expected transfer of $200 million later in the season.

Drought, Conservation on Agenda at Upcoming Food and Ag Meeting

The California State Board of Food and Agriculture will focus on drought impacts to the Russian River and the role of agriculture in conservation efforts at its September 1, 2105 meeting in Sacramento.  The current four-year drought has resulted in water supply reductions in the Russian River watershed, and rising water temperatures have endangered several fish species.  Detailed information on the meeting can be accessed here.

Groundwater Planning Grant Program Draft Guidelines and PSP Released for Public Comment

The Department of Water Resources has announced the release of the draft Guidelines for the Sustainable Groundwater Planning (SGWP) Grant Program and draft Proposal Solicitation Package (PSP) for the “Counties with Stressed Basins” solicitation, funded by the Water Quality, Supply, and Infrastructure Improvement Act of 2014 (Proposition 1).  The draft documents can be accessed here.  Details on upcoming public meetings and materials can be accessed here.

Joint Petition Filed Regarding California WaterFix

On August 26, 2015, the California Department of Water Resources and U.S. Bureau of Reclamation submitted a joint petition for change in water right permit and license conditions for the State Water Project and Central Valley Project.  The petition seeks to add points of diversion of water on the Sacramento River associated with the California WaterFix project to the State Water Resources Control Board (State Water Board). 

The proposed facilities would divert water near Courtland and route it around the Delta through two tunnels to the existing State and federal pumping facilities in Tracy.  In order for the State Water Board to approve the change petition, the petitioner must demonstrate that the change will not injure any legal user of the water involved; provide information concerning the extent to which fish and wildlife would be affected by the change; and, identify proposed measures to protect fish and wildlife from any unreasonable impacts of the change.  Additionally, the petitioner must demonstrate that the proposed change will comply with the State and federal Endangered Species Acts, and demonstrate compliance with CEQA. 

A public notice for the petition will be provided and posted on the California WaterFix website in the near future identifying how the public can provide input on this matter.  The State Water Board anticipates holding an evidentiary hearing where interested parties will be given the opportunity to present evidence and argument about whether and under what conditions the petition should be approved.

Full details can be accessed here.

CASGEM Drought Monitoring

The California Statewide Groundwater Elevation Monitoring (CASGEM) program is requesting that Monitoring Entities coordinate with CASGEM on coordinating Fall data collection.  Due to persisting drought conditions in California, and the Department of Water Resources’ (DWR) obligation to continue meeting the Governor’s Executive Order to Redouble State Drought Actions, DWR will be collecting fall groundwater level measurements in wells that it monitors during the month of October, 2015.  

The goal is to collect the data as close to the middle of October as possible.  DWR will be preparing groundwater maps, based on groundwater elevation data uploaded in the groundwater level database, to assess the impact of drought conditions on groundwater.  An example of these maps can be accessed here.

CASGEM Monitoring Entities are being requested to coordinate the collection of Fall 2015 groundwater level measurements with this October, 2015 schedule.  CASGEM Monitoring Entities are asked to upload their data into the groundwater level database via the CASGEM Online System by November 9, 2015.  The CASGEM online system can be accessed here.

Household Water Shortage Data Website

As the drought developed, local and state agencies began receiving anecdotal reports of household water shortages; however, there was no means to record or track these reports.  The Drought Task Force’s “Less than 15 Connections Work Group” (Work Group) agreed that an easily accessed system was needed to develop a more systematic understanding of which parts of the state had households at risk, and to improve cross-agency response and coordination.  

With the help of the Work Group, the Department of Water Resources (DWR) has created a new system that improves and streamlines data collection and reporting for household water shortages for water systems with fewer than 15 household connections.  The Household Water Supply Shortage Reporting System’s Webpage provides summary tables, a map, and more information about the program.  The website can be accessed here.

End of Session Sees Legislative Leadership Shift

Senator Bob Huff (R-San Dimas) has been replaced by Senator Jean Fuller (R-Bakersfield) as Republican Leader in the state Senate.  Senator Huff, who is termed out in 2016, is running for Michael Antonovich's seat on the Los Angeles County Board of Supervisors.  In an attempt to prevent distractions and stabilize the Assembly Democratic Caucus in the final few weeks of session, Speaker Toni Atkins sent a letter requesting that Democrats hold off on a vote to replace her until January 5, 2016 – the start of the new Legislative year.  

State Water Board to Drop Grazing Regulations

The State Water Resources Control Board (State Water Board) has proposed a resolution to halt the development of a statewide regulatory program to control waste discharges from grazing operations.  The program, known as the Grazing Regulatory Action Project (GRAP), was initiated in late 2014 with a series of invitation-only stakeholder meetings with ranchers, scientists, tribes, and the environmental community, followed by meetings to take input from the general public.  While the State Water Board never formally released draft regulations, the program was met with widespread opposition from RCRC and other stakeholders, including ranchers, farmers, and other local government organizations who contended that there was no scientific basis for regulations on grazing operations.  

The State Water Board is currently accepting written comments on the proposed resolution to halt the development of GRAP, with all comments due by noon on September 3, 2015.  The State Water Board is scheduled to consider the resolution for adoption at its September 16, 2015 hearing in Sacramento.

Detailed information on GRAP and the proposed resolution can be accessed here.

EPA Waters of the U.S. Rule Blocked by Federal Court

On Thursday, the Environmental Protection Agency’s (EPA) controversial rule expanding the definition of what constitutes a “Water of the United States” (WOTUS) was blocked in the U.S. District Court of North Dakota, just one day before the rule was set to take effect on August 28,2015.  The action comes as a result of a multi-state lawsuit filed in early July seeking an injunction against the agency. 

The rule has been the subject of widespread controversy since its release in 2014, with many viewing it as an inappropriate and unlawful expansion of the federal government’s jurisdiction over state, local, and private waterways.  The lawsuit in North Dakota was one of several suits filed to block the rule, with a similar request rejected in Georgia on Thursday.  It is unclear whether the injunction applies nationwide, or only in the thirteen states named in the suit. 

Grey Wolves Return as Western Governors Focus on ESA Reform

For the first time since 1924, a pack of grey wolves has taken up residence in Siskiyou County.  Nicknamed the Shasta pack, California’s newest residents serve as evidence of a revival period for the animal; wolves were reintroduced into the wild just 21 years ago in the Rocky Mountains.  The California Department of Fish and Wildlife has already started the process of developing a management plan for the wolves, but also acknowledged nothing has been finalized just yet.  

The news of the grey wolves’ return to California coincided this week with news from the Western Governors Association (WGA) regarding the organization’s plans to examine and report on the practical impacts of the modern Endangered Species Act (ESA).  Governor Matt Mead (R-WY), chair of the WGA, discussed plans to examine “the good, the bad, and the ugly” of the ESA.  In his announcement, Gov. Mead emphasized the need for the exercise to remain bipartisan in nature, and acknowledged he cannot ultimately foresee what the organizations recommendations will be.  The WGA plans to host the first forum on ESA reform in early November.     

National Monument Designations

On August 3, 2015, Sen. Dianne Feinstein wrote a letter to President Obama urging him to designate Mojave Trails, Sand to Snow, and Castle Mountains as national monuments.  The three areas constitute more than one million acres in Southern California deserts, woodlands, mountains, and historical sites.  The designations, which would require no congressional approval, would protect habitat important to desert tortoises, bighorn sheep and golden eagles, while preserving portions of historic Route 66, the Pacific Crest Trail and the headwaters of Southern California's longest river, the Santa Ana. 

Congress has failed to act on Sen. Feinstein’s "California Desert Conservation and Recreation Act," a bill introduced in February 2015 to protect 1.4 million acres in Southern California, while offering permanent access for off-highway vehicle riders and promoting renewable energy development.  Feinstein's request comes as the White House is ramping up its use of the 1906 law called the “Antiquities Act” to permanently set aside public lands from mineral development.  The controversial law has raised the ire of Republican leaders who say it gives the executive branch unchecked powers, and has been abused by presidents of both parties.

BULLETIN BOARD

Sacramento CFCC Funding Fair

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.  Click “Read More” to access information related to the current status of legislation impacting California’s rural counties.  

AB 57 (Quirk): Telecommunications: Wireless Telecommunication Facilities.  Assembly Bill 57 would establish “deemed granted” approval for all wireless telecommunication facilities siting and collocation applications when a local government fails to meet the Federal Communications Commission’s “Shot Clock Rule.”  Status: AB 57 gained passage in the Assembly and awaits the Governor’s consideration.  RCRC Position: Oppose

AB 171 (Irwin): Veteran Services.  Assembly Bill 171 would continuously appropriate $5.1 million per year for County Veterans Service Officers (CVSOs).  Status: AB 171 gained passage in the Senate Appropriations Committee.  RCRC Position: Support

AB 219 (Daly): Public Works: Concrete Delivery.  Assembly Bill 219 would expand prevailing wage requirements to the delivery of offsite, ready-made concrete for public works construction projects.  Status: AB 219 gained passage in the Senate Appropriations Committee.  RCRC Position: Oppose

AB 288 (Holden): Public Schools: College and Career Access Pathways.  Assembly Bill 288 would establish the Career Access Pathways Act and expand access to concurrent enrollment programs for students by allowing college courses to be offered on high school campuses.  Status: AB 288 gained passage in the Senate Appropriations Committee.  RCRC Position: Support

AB 363 (Steinorth): Closing of the Polls.  Assembly Bill 363 would provide county elections officials the ability to transport ballots from polling places to the designated counting facility prior to polls closing.  Status: AB 363 gained passage in the Senate Appropriations Committee.  RCRC Position: Support

AB 366 (Bonta): Medi-Cal Reimbursement: Provider Rates.  The 2011-12 State Budget cut rates to a variety of Medi-Cal providers including Distinct Part/Skilled Nursing Facilities (DP/SNFs), pharmacies, and other fee-for-service Medi-Cal activities by 10 percent off of the 2008 reimbursement rates.  Assembly Bill 366 would repeal the implementation of prior year Medi-Cal provider rate reductions, including the 10 percent reduction.  Status: AB 366 failed passage in the Senate Appropriations Committee.  RCRC Position: Support

AB 435 (Chang): CalEPA Transparency.  Assembly Bill 435 would require all boards and commissions under the California Environmental Protection Agency (CalEPA) and the California Natural Resources Agency (CNRA) to webcast all public meetings and workshops, as well as receive public comment during those meetings and workshops via telephone or some method of electronic communication.  Status: AB 435 failed passage in the Senate Appropriations Committee.  RCRC Position: Support

AB 590 (Dahle): Greenhouse Gas Reduction Fund.  Assembly Bill 590 would establish the Biomass State Cost Share Account within the Greenhouse Gas Reduction Fund (GGRF).  Status: AB 590 failed passage in the Senate Appropriations Committee.  RCRC Position: Support

AB 896 (Wagner): Counties: Search or Rescue: Costs.  Assembly Bill 896 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: AB 896 awaits final consideration on the Senate Floor.  RCRC Position: Support

AB 1045 (Irwin): Organic Waste: Composting.  Assembly Bill 1045 would address the diversion of organic waste from disposal.  Status: AB 1045 gained passage in the Senate Appropriations Committee.  RCRC Position: Support

AB 1119 (Rendon): Public Utilities: Rights of Way.  Assembly Bill 1119 would grant counties the same authority granted to cities to challenge a utility project located in the unincorporated portion of the county.  Status: AB 1119 gained passage in the Assembly and awaits the Governor’s consideration.  RCRC Position: Support

AB 1142 (Gray): Mining and Geology: Surface Mining.  Assembly Bill 1142 would modify the Surface Mining and Reclamation Act of 1975 (SMARA).  Status: AB 1142 gained passage in the Senate Appropriations Committee.  RCRC Position: Support

AB 1262 (Wood): Telecommunications: Universal Service.  Assembly Bill 1262 would provide monies within the California Advanced Services Fund to support regional broadband deployment and expansion.  Status: AB 1262 gained passage in the Assembly and awaits the Governor’s consideration.  RCRC Position: Support

AB 1347 (Chiu): Public Contracts Claims.  Assembly Bill 1347 would make various revisions to the claims resolution process that would require non-binding mediation to resolve a dispute on all public contracts.  Status: AB 1347 gained passage in the Senate Appropriations Committee.  RCRC Position: Neutral/Opposition Removed

AB 1436 (Burke): In-Home Supportive Services (IHSS): Authorized Representative.  Assembly Bill 1436 would permit all In-Home Supportive Services (IHSS) applicants and recipients to designate an authorized representative to accompany, assist, or represent an applicant in the application process, or a recipient in the direction of services, and eligibility redetermination process.  Status: AB 1436 gained passage in the Senate Appropriations Committee.  RCRC Position: Support

SB 162 (Galgiani): Treated Wood Waste: Disposal.  Senate Bill 162 would continue statutory guidance for the appropriate disposal of treated wood waste in specified solid waste landfills.  Status: SB 162 gained passage in the Assembly Appropriations Committee.  RCRC Position: Support

SB 209 (Pavley): Surface Mining: Inspections: Financial Assurances: Reclamation Plans.  Senate Bill 209 would modify the Surface Mining and Reclamation Act of 1975 (SMARA).  Status: SB 209 gained passage in the Assembly Appropriations Committee.  RCRC Position: Support if Amended

SB 321 (Beall): Motor Vehicle Fuel Taxes: Rates: Adjustments.  Senate Bill 321 would revise the process used by the Board of Equalization for adjusting the price-based excise tax rate on motor vehicle fuels.  Status: SB 321 gained passage in the Assembly Appropriations Committee.  RCRC Position: Support

SB 326 (Beall): Courts: Penalties: Emergency Services Funding.  Senate Bill 326 would extend the Emergency Medical Air Transportation Act to ensure that rural communities have access to life-saving care for both residents and tourists.  Status: SB 326 gained passage in the Assembly Appropriations Committee.  RCRC Position: Support

SB 513 (Beall): Memorial Air Quality Standards Attainment Program.  Senate Bill 513 would help reduce air pollution by making revisions to the Carl Moyer Memorial Air Quality Standards Attainment Program and the local AB 923 incentives programs.  Status: SB 513 gained passage in 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.  Click “Read More” to access information related to the current status of regulations impacting California’s rural counties.  

Draft Resolution for the Discontinuation of Discussions Regarding a Statewide Approach to Addressing Water Quality Impacts from Livestock Grazing.  Halts the development of the Grazing Regulatory Action Project (GRAP).  Agency: State Water Resources Control Board Status: Draft published for public comment, comment period ends September 3, 2015.  Board consideration expected at the September 16, 2015 meeting.  Draft resolution and related documents can be accessed hereRCRC Comments: Click here RCRC Advocate: Staci Heaton sheaton@rcrcnet.org

Draft General Order Requiring Environmental Rules for Marijuana Cultivation.  Establishes waste discharge requirements for cultivation of medicinal marijuana in twenty-three RCRC member counties.  Agency: Central Valley Regional Water Quality Control Board Status: Draft published for public comment, comment period ends September 7, 2015.  Workshops scheduled in Sacramento, Redding, and Fresno.  Board consideration expected at the October 1-2, 2015 meeting.  Draft Order and related documents can be accessed here.  RCRC Comments: Click here RCRC Advocate: Staci Heaton sheaton@rcrcnet.org

Cap-and-Trade Auction Proceeds Second Investment Plan.  Establishes 3-year spending priorities for Greenhouse Gas Reduction Fund monies.  Agency: California Air Resources Board Status: Draft concept paper released for public comment, comments due September 1, 2015.  Board consideration expected at the September 23-24, 2015 meeting.  Draft concept paper and workshop schedule can be accessed here.  RCRC Comments: Click here RCRC Advocate: Staci Heaton sheaton@rcrcnet.org