Barbed Wire - August 8, 2014

August 8, 2014
2014 RCRC Annual Meeting
Follow RCRC on Social Media
Groundwater Awareness Website Launched
Appropriations Committees Kick Off Last Month of Session
Jail Construction Funding Update
BOE Announces Emergency Tax Relief for Businesses Affected by Wildfires
Assembly Speaker Atkins Appoints Aja Brown to Delta Stewardship Council
Supervisor Provenza Selected as Chair of the Delta Conservancy Board
Wildfire Season Heats Up; Ag Secretary Declares Shortage of Firefighting Funds
President Signs VA Reform Legislation
Highway Trust Fund
U.S. Army Corps of Engineers Schedules WRRDA Listening Sessions
EVENTS/NOTICES
LEGISLATIVE UPDATE
REGULATORY UPDATE

2014 RCRC Annual Meeting

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

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.

Groundwater Awareness Website Launched

Earlier this week, the California Water Foundation (CWF), in cooperation with the Stanford Woods Institute for the Environment, launched a new website relating to groundwater called “Groundwater Voices.”  The CWF Executive Director is Lester Snow, former director of the California Department of Water Resources.  The new website can be accessed here.

Appropriations Committees Kick Off Last Month of Session

This week, both the State Senate and Assembly reconvened after summer recess with massive Appropriations Committees Hearings.  Both Appropriations Committees slogged through large agendas and heard hundreds of bills: 181 in the Assembly, and 251 in the Senate.  Since bills are now in the second house, the Assembly was hearing Senate bills and the Senate was hearing Assembly bills. 

Many bills were sent to each Committee’s “Suspense File.”  Although these bills were heard and testimony was taken, no vote occurred due to the expense incurred by the policy changes outlined in the bill.  Instead, these bills will be weighed against each other and balanced against available Budget funds or other revenue mechanisms to determine which bills will move forward.  Arguably, this decision is based upon the best use of available funds, but most often is a political mechanism to stymie the forward progress of controversial bills.

RCRC-supported issues taken up and moved forward in the process included two measures on timber harvest plan (THP) expansions, AB 1867 (Patterson, R-Fresno), and AB 2142 (Chesbro, D-Arcata); while many key items including home-to-school transportation, SB 1137 (Torres, D-Pomona) and concurrent enrollment, AB 1451 (Holden, D-Pasadena) were forwarded to the Suspense File.  Additionally, RCRC-opposed measure AB 2311 (Bradford, D-Gardena), which would mandate ongoing county General Assistance payments to all Veterans, was also forwarded to the Suspense File. 

The Senate Appropriations Committee will meet on Monday, August 11, 2014 to hear the remaining fiscal bills, and will take up their Suspense File on Thursday, August 14, 2014.  The Assembly Appropriations Committee will continue with their regular calendar on Wednesday, August 13, 2014, and will hold their Suspense File Hearing on the Thursday, August14, 2014.

For additional information regarding the Appropriations Committee process or individual pieces of legislation, please contact the RCRC Governmental Affairs staff at (916) 447-4806.

Jail Construction Funding Update

As part of the recently-enacted State Budget Package, $500 million in lease revenue bonds was authorized through Senate Bill 863 to address jail construction and programming space needs.  RCRC staff followed up with the Board of State and Community Corrections (BSCC) earlier this week to get a clear understanding of how the BSCC intends to move forward to prepare the Request for Proposals, which includes program development and the application process. 

As with previous iterations of state jail construction grants, the BSCC will first select Co-Chairs for a future 9-13 member Executive Steering Committee (ESC).  The ESC will be charged to develop a variety of recommendations for SB 863 program development including funding and selection criteria and application requirements.  At this time, the BSCC does not anticipate they will provide any type of priority consideration for previous Senate Bill 1022 jail construction funding applicants as the SB 863 program differs from the SB 1022 program by placing a stronger emphasis on programming space versus jail capacity space.  Additionally, SB 863 foresees stronger application requirements on counties’ pre-trial populations and the use and implementation of risk assessment-based pre-trial programs.

The BSCC will hold their first meeting on September 11, 2014 in Pomona, where they intend to determine who will lead the ESC.  The BSCC anticipates the full process will take anywhere from nine months to a full year before any funding will be awarded, including up to four months for counties to prepare their applications for the ESC consideration.

RCRC will continue to provide updates on the SB 863 jail construction program as information becomes available.  As with previous jail construction funding programs, RCRC will advocate for dedicated funding for California’s small counties to address their ongoing programming and capacity needs.

BOE Announces Emergency Tax Relief for Businesses Affected by Wildfires

This week, the California State Board of Equalization (BOE) announced emergency tax relief assistance to business owners who have been impacted by California’s Wildfires. Business owners may request filing extensions, penalty and interest relief from some taxes and fees, and can replace copies of lost or damaged records. 

On August 2, 2014, Governor Brown declared a state of emergency as a result of several devastating fires burning in Amador, Butte, El Dorado, Humboldt, Lassen, Madera, Mariposa, Mendocino, Modoc, Shasta, and Siskiyou counties.

For more information on how to apply for this tax relief, please visit the BOE website, accessed here.

Assembly Speaker Atkins Appoints Aja Brown to Delta Stewardship Council

Assembly Speaker Toni Atkins has appointed Aja Brown to serve as a Council member on the Delta Stewardship Council effective August 1, 2014.  Brown is mayor of Compton (Los Angeles County), and a community development professional with more than ten years of experience working in urban communities.  She holds a Bachelor's Degree in Public Policy, Urban Planning and Development, and a Master's Degree in Urban Planning with a concentration in Economic Development from the University of Southern California. 

The seven-member Council is composed of six members serving four-year terms (four appointed by the Governor, one by the Senate and one by the Assembly) and one member who is chair of the Delta Protection Commission.

The mission of the Delta Stewardship Council is to achieve the coequal goals of providing a more reliable water supply for California, and protecting, restoring, and enhancing the Delta ecosystem in a manner that protects and enhances the unique cultural, recreational, natural resource, and agricultural values of the Delta as an evolving place.

Supervisor Provenza Selected as Chair of the Delta Conservancy Board

Supervisor Jim Provenza, Yolo County, was recently selected as the chair of the Delta Conservancy Board.  Supervisor Provenza has been a board member since its inception in June 2010.  The Conservancy was established in 2010 to act as a primary State agency to implement ecosystem restoration in the Delta and to support efforts that advance environmental protection and the economic well-being of Delta residents. 

Wildfire Season Heats Up; Ag Secretary Declares Shortage of Firefighting Funds

U.S. Agriculture Secretary Tom Vilsack has announced that the Forest Service will run out of firefighting funds by the end of this month.  Transferring funds from other accounts will delay or halt funding for $400 to $500 million in projects by the end of the fiscal year on September 30.  Meanwhile the number of active fires in northern California jumped significantly this week, while the U.S. Drought Monitor reported that 81 percent of the State is in “exceptional” or “extreme” drought categories, the driest conditions in state history.

President Signs VA Reform Legislation

On Thursday, President Obama signed the Veterans Access, Choice, and Accountability Act of 2014, H.R. 3230 (Rogers, R-KY), which will revamp the Veterans Affairs (VA) Department and improve health care access for veterans across the country. 

H.R. 3230, approved by Congress last week, will allow veterans to seek private care at non-VA hospitals and clinics, if the veteran lives more than 40 miles from a VA facility, or if they are unable to get an appointment with a physician within a thirty-day timeframe.  The bill also provides funding to hire additional doctors and nurses, and finances 27 clinics and VA medical facilities throughout the country.  Overall, the bill provides a $16.3 billion funding package to reform the VA Department.

Highway Trust Fund

Last week, the Senate agreed to House legislation to fund the Highway Trust Fund through May 31, 2015.  The Senate had initially hoped to enact a shorter term extension, through the end of the year, but accepted the longer term bill when it became clear that the House would not pass a shorter extension.  The President is expected to sign the legislation over the next couple of days.   

U.S. Army Corps of Engineers Schedules WRRDA Listening Sessions

The U.S. Army Corps of Engineers (Corps) has announced a series of conference calls in August and September to receive public input on the numerous policy provisions of the recently enacted Water Resources Reform and Development Act (WRRDA).  The Act authorizes projects and programs conducted by the Corps of Engineers, including harbors, flood control, and environmental restoration.  Each session will begin at 11:00 a.m. PDT, and call-in information will be provided on the Corps’ website, accessed here.  Read More…

The four scheduled sessions will focus on the following provisions of the Act:

 - Category/Session I (August 13, 2014):  Deauthorization of projects and backlog prevention; project development and delivery  (including planning)

- Category/Session II (August 27, 2014):  Alternative financing; crediting of non-federal funding

- Category/Session III (September 10, 2014):  Levee safety; dam safety; regulatory program (Section 404 dredge and fill and Section 408 modification of existing facilities)

- Category/Session IV (September 24, 2014):  Non-federal implementation; waters

The following provides highlights of key provisions included in WRRDA that are of importance to RCRC member counties:

Sutter Basin: WRRDA authorizes approximately $689 million for a flood control measures in Sutter River Basin, including Yuba City. The project would strengthen 41 miles of existing levees, reducing expected annual damages by approximately $50 million.

Natomas Basin: WRRDA authorizes over $1 billion to strengthen the levees in the Natomas Basin in Sacramento to safeguard over 100,000 residents and protect over $7 billion in property

WIFIA: The conference report establishes a five-year pilot program, known as the Water Infrastructure Finance and Innovation Act (WIFIA), to allow the Corps of Engineers and the Environmental Protection Agency to provide loans and loan guarantees for flood control, water supply, and wastewater infrastructure projects. This program, which is based on the successful TIFIA program for transportation projects, will provide critical financing for water infrastructure projects identified by local communities. These include projects to help with California's ongoing drought, including desalination, water recycling, and repair of aging water supply infrastructure.

Levee Vegetation: The conference report requires the Corps of Engineers to update its guidelines for the removal of vegetation on Corps levees after seeking public input. This will ensure that the Corps of Engineers' policy is focused on the highest priority safety concerns for California communities.

Crediting: WRRDA allows local communities to carry out work in advance of the Corps of Engineers and receive credit for work performed. This is important to many California communities that have state or local funding sources that are ready to be invested immediately.

Prioritization of Ecosystem Restoration: The conference report prioritizes ecosystem restoration projects that address identified threats to public health and preserve or restore ecosystems of national significance. The provision will provide those threatened ecosystems around the nation with additional focused attention, including places like the Salton Sea.

Harbor Maintenance Trust Fund: The conference report calls for increased expenditures from the Harbor Maintenance Trust Fund (HMTF) to support increased maintenance of the nation's ports, including many ports in California. The legislation also includes reforms to the HMTF that will ensure equity for ports that contribute the most to the Fund but receive little funding in return, such as the ports of Los Angeles and Long Beach. For the first time, these critical ports will be able to use funding for additional projects such as berth dredging and contaminated sediment disposal.

EVENTS/NOTICES

2014 California Financing Coordinating Committee Funding Fairs Announced

Click here

Main Street Grants Notice of Funding Availability

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.
 

AB 52 (Gatto): CEQA: AB 52 would establish procedures and requirements under CEQA for the purpose of avoiding or minimizing impacts to tribal cultural resources.  AB 52 would complicate the CEQA process by adding a new, broadly defined class of potentially significant environmental impacts thus creating uncertainty and increased potential for litigation for lead agencies.  Status: Placed on the Senate Appropriations Committee Suspense File.  RCRC Position: Oppose

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: Failed passage in 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: Failed passage in the Senate Appropriations Committee.  RCRC Position: Support

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: Passed out of the Senate Appropriations Committee.  RCRC Position: Support

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: 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: Failed passage in the Senate Appropriations Committee.  RCRC Position: Oppose

AB 2363 (Dahle): Electricity Procurement: AB 2363 would require the development of integration adders so that the Public Utilities Commission may accurately consider the full costs and benefits of the various technologies in its renewable portfolio standard decision-making by October 1, 2015.  Status: Placed on the Senate Appropriations Committee Suspense File.  RCRC Position: Support

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

SB 1341 (Mitchell): Medi-Cal: Statewide Automated Welfare System: SB 1341 would require Statewide Automated Welfare System (SAWS) to be the system of record for Medi-Cal, and contain all Medi-Cal eligibility rules and case management functionality.  Status: Failed 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. 
 

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: Considered on August 6, 2014, will revisit action when there is a petition to list, or the next nesting season is imminent.  RCRC Comments: Click here  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, public hearing held August 5, 2014.  Final draft release and adoption hearing TBA.  RCRC Comments: Click hereRCRC 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

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

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:  Staff is seeking input from member counties.  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

Updates to the New Source Performance Standards for Municipal Solid Waste Landfills: The proposed updates to air standards for new municipal solid waste (MSW) landfills would require certain landfills to begin controlling landfill gas at a lower emissions threshold than is currently required and would apply to landfills that begin construction, reconstruction, or modification after July 17, 2014. Agency: US Environmental Protection Agency Status: The update was noticed July 17, 2014, for a 60 day public review, ending September 15, 2014.  RCRC comments:  Staff is seeking input from member counties.  The proposed performance standards can be accessed hereRCRC Advocate:  Mary Pitto mpitto@rcrcnet.org

Reducing Emission from Municipal Solid Waste Landfills: An Advanced Notice of Proposed Rulemaking (ANPRM) to request public input on how to update the Emission Guidelines and Compliance Times for Municipal Solid Waste Landfills was released.   The update is seeking methods to reduce emissions from existing MSW landfills.  Feedback will be evaluated to determine how and whether to update the guidelines for existing landfills.  Agency: US Environmental Protection Agency Status: The request for public input was noticed July 17, 2014, for a 60 day public review, ending September 15, 2014.  RCRC comments:  Staff is seeking input from member counties.  The document can be accessed here.  RCRC Advocate:  Mary Pitto mpitto@rcrcnet.org

Clean Power Plan: The Carbon Pollution Emissions Guidelines for Existing Stationary Sources for  Electric Utility Generating Units (Clean Power Plan) is a plan to cut carbon pollution from power plants.  The Plan requires a reduction of carbon dioxide emissions to 30% below 2005 levels by 2030 and sets a goal for each state based upon where states are now.  Agency: US Environmental Protection Agency Status:  The proposed plan posted June 2, 2014m with comments due October 16, 2014.  RCRC comments:  Staff is seeking input from member counties.  The Proposed Clean Power Plan 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