The Barbed Wire - December 05, 2014

December 5, 2014
Federal Payment in Lieu of Taxes and Secure Rural Schools Funding Update
DWR Releases California Water Plan Regional Reports
Senate Informational Hearing on Groundwater Adjudication
Department of Water Resources Releases Drought Response Update Report
2014 Water-Energy Grant Program Guidelines – Program Links Updated
Assembly Committee Chairs and other Leadership Positions Announced
CA Fish and Game Commission Lists Tricolored Blackbird Under Emergency Regulations
Strategic Growth Council Meeting Rescheduled
Fiscal Year 2015 Appropriations Bills
USFWS to Take Public Comment in Sacramento on Yellow-Billed Cuckoo
EVENTS/NOTICES
REGULATORY UPDATE

Federal Payment in Lieu of Taxes and Secure Rural Schools Funding Update

On Thursday, by a vote of 300 to 119, the U.S. House of Representatives passed H.R. 3979, the National Defense Authorization Act (NDAA) for FY 2015.  (California Congressional Delegation Roll Call Vote can be accessed here.)  The primary purpose of the measure is to set national defense policy for the country as negotiated between the House of Representatives Armed Services Committee and the Senate Armed Services Committee.  Attached to this measure is a federal lands package which includes a $70 million appropriation for the federal Payment in Lieu of Taxes (PILT) program, as well addressing other natural resources issues such as energy and mineral production, land use issues, and land conveyances.  The $70 million was acquired from savings found in the federal lands package.  It should be noted that federal PILT has been a $450 million program annually.  As such, this $70 million appropriation will serve as a ‘down payment’ towards reaching the $450 million level for FY 2015 ($70 million only represents approximately 16% of the total FY 2015 estimate).  

NDAA is expected to be considered in the U.S. Senate in the coming days as the 113th Congress comes to a conclusion.  However, because the federal lands component of the bill is controversial, and H.R. 3979 can be subjected to amendments, the measure’s fate remains unclear.  To date, it is also unclear how the measure will be viewed by the Obama Administration. 

While there appears to be progress on PILT, efforts to provide funding for the Secure Rural Schools and Community Self Determination Act (SRS) in the final days of the 113th Congress appear to be allusive.  The NDAA does not contain any funding for SRS.  Senator Ron Wyden (D-Oregon), Chairman of the Senate Finance Committee and a key member in the SRS discussion, has been working to find a vehicle for a FY 2014 SRS reauthorization claiming that a one-year reauthorization can be paid for from other “offsets” in federal spending.  At the time of publication, those efforts have not been successful.  It should be noted that assuming an SRS reauthorization for 2014 is not finalized in the coming weeks/months, adjustments to counties’ PILT payments will need to be made.

While many had wanted to see full, multi-year reauthorization for PILT and at least a 2014 reauthorization for SRS occur in the 113th Congress, in a matter of weeks the 114th Congress will convene and work may be undertaken to address these very important programs for California’s rural counties.  However, at this point in time, the fate of this and other programs is in flux, and subject to change.  RCRC ‘s federal advocacy team will be working to secure funding for these programs and will be joining our partners in this effort.  

DWR Releases California Water Plan Regional Reports

This week, the Department of Water Resources posted the final two regional reports for Volume 2 of the California Water Plan Update 2013.  With the Sacramento River and Tulare Lake regional reports being placed on the Update 2013 website, all chapters of the first three volumes are now available.  Volume 1 covers Update 2013’s strategic plan, while Volume 3 is comprised of 32 chapters covering resource management strategies.  Volume 2 regional reports can be accessed here.

Senate Informational Hearing on Groundwater Adjudication

The Senate Natural Resources and Water Committee held an informational hearing late last month titled “Resolving Disputes Regarding Groundwater Rights:  Why Does It Take So Long and What Might Be Done To Accelerate The Process?”  Senator Fran Pavley (Chair) committed at the end of this year’s legislative session to pursue streamlining of the adjudication process next year.

Court of Appeal Associate Justice Ronald Robie, Third Appellate District, gave an overview of how groundwater disputes are resolved in California.  This presentation was followed by a case study of the Antelope Valley adjudication, a classic example of how the current system fosters delays.  The third panel included representatives of the State Water Contractors, the California Farm Bureau Federation, and Undersecretary Gordon Burns from the California Environmental Protection Agency discussing options for moving forward.  

Concepts put forward to streamline the adjudication process included substantive changes and changes to the procedural process.  Among the topics raised were changes to the notice and service requirements, requiring mediation, changes to the discovery process, and requiring written testimony to be submitted ahead of time.    

Department of Water Resources Releases Drought Response Update Report

This week, the Department of Water Resources (DWR) released a report titled “Public Update for Drought Response” (Report) in response to the Governors’ April 2014 Proclamation of a Continued State of Emergency.  The Report discusses groundwater basins with potential water shortages, gaps in groundwater monitoring, monitoring of land subsidence, and agricultural land fallowing.  

The key findings include:

  • Basins with notable decreases in groundwater levels are in the Sacramento River, San Joaquin River, Tulare Lake, San Francisco Bay, Central Coast, and South Coast hydrologic regions;
  • For High and Medium priority basins, there are significant gaps in groundwater monitoring for the San Joaquin River, Tulare Lake, and Central Coast hydrologic regions;
  • Subsidence is occurring in many groundwater basins in the state, especially in the southern San Joaquin River and Tulare Lake hydrologic regions; and,
  • Peak summer acreage of Central Valley land idled (due to drought impacts, normal agronomic practices, crop markets, etc.) in 2014 was 1.7 million acres, almost 700,000 acres more than in 2011, a recent wet year.

The Report can be accessed here.

2014 Water-Energy Grant Program Guidelines – Program Links Updated

The Department of Water Resources’ (DWR) addendum to its 2014 Water-Energy Grant Program Guidelines/Proposal Solicitation Package (PSP) changed the CalEnviroScreen 2.0 score for designating census tracts as disadvantaged communities (DACs) from the top 20 percent to the top 25 percent for the purpose of making grants from Cap-and-Trade proceeds. 

RCRC had previously identified 34 counties (many of them RCRC members) that did not have a single DAC census tract identified in the top 20 percent of CalEnviroScreen.  RCRC has reviewed this change in percentage to determine which of the 34 counties previously identified may now quality to compete for the $9.5 million for projects located in or outside of a DAC, and that provide direct, meaningful, and assured benefit to DACs.  Five additional counties now have census tracts identified as DAC: Butte County (3 census tracts); San Francisco City and County (3 census tracts); Santa Barbara County (2 census tract); Santa Cruz (1 census tract); and, Tehama County (1 census tract).  

The 29 counties that do not have a single census tract identified by CalEnviroScreen 2.0 (76 percent or greater score) and will not qualify to compete for the $9.5 million allocated by DWR for DACs are:  Alpine, Amador, Calaveras, Colusa, Del Norte, El Dorado, Glenn, Humboldt, Inyo, Lake, Lassen, Marin, Mariposa, Mendocino, Modoc, Mono, Napa, Nevada, Placer, Plumas, San Benito, San Luis Obispo, Shasta, Sierra, Siskiyou, Sonoma, Sutter, Trinity, and Tuolumne.      

While RCRC understands that the law required the California Environmental Protection Agency (CalEPA) to identify “disadvantaged communities” for investment opportunities, and that the source of funding for this program is the GHG Reduction Fund, RCRC is not aware of any requirement that 50 percent of available monies be allocated for CalEnviroScreen identified DACs.  This concern has been brought to DWR’s attention.

Additionally, on November 13, 2014 DWR released an Addenda to the 2014 Water-Energy Grant Program Guidelines/Proposal Solicitation Package.  The Addenda provided an inaccurate link in the Program Preference section.  The updated link can be accessed here.  This correct link will direct the applicant to a modified CalEnviroScreen 2.0 tool to determine a DAC value of 76 percent or greater.

Assembly Committee Chairs and other Leadership Positions Announced

This week, the California Legislature met for a one day “Organizational Session” to swear in new members, and to conduct business necessary to begin policy work in earnest when they return on January 5, 2014.  Since the Governor’s proposed Budget is released on January 10, 2014, members must hit the ground running, and the one day session in December allows for members to introduce key legislation early, and take up the “housekeeping” activities necessary to make the first weeks of session run smoothly.  

Over the course of the past couple of weeks, Democratic Speaker Toni Atkins (D-San Diego) and Republican Leader Kristin Olsen (R-Modesto) have both named their leadership teams.  While no Assembly Members representing RCRC counties were named to the Speaker’s team, Olsen’s team includes former RCRC delegate and Madera County Supervisor Assembly Member Frank Bigelow (R-O’Neals) as the Assistant Republican Leader of Finance, and former Sutter County Supervisor, Assembly Member James Gallagher (R-Nicolaus) as the Deputy Republican Floor Leader. 

Additionally, this week Speaker Atkins released the list of Assembly Committee Chairs.  Out of 31 Assembly Committees, including a new policy committee (Privacy and Consumer Protection), only seven are carrying over the same Chair as in the previous legislative session.  Thirteen of those changes are due to the departure of the Chair from the State Assembly.  A detailed list of Assembly Committee Chair assignments can be accessed here.

CA Fish and Game Commission Lists Tricolored Blackbird Under Emergency Regulations

The California Fish and Game Commission (Commission) voted 3-2 on Wednesday in favor of listing the Tricolored Blackbird as endangered on an emergency basis.  The vote was in response to an October 2014 petition filed by the Center for Biological Diversity to list the species due to its diminishing numbers.  The listing was previously discussed at the Commission’s August meeting, where the members decided not to list the Tricolored Blackbird at that time.  No changes have occurred in the status of the Tricolored Blackbird population since then.  

The Tricolored Blackbird has habitat throughout the state.  While an exact cause of the species decline has not been identified, some researchers believe that the drought is playing a major role in the decreasing numbers.  Listing the species on an emergency basis allows the State to immediately put protections in place for the Tricolored Blackbird.  Emergency listings such as this one are rare, particularly because the public has not had the benefit of reviewing and commenting on the evaluation of the petition by the California Department of Fish and Wildlife.  

The emergency listing is valid for 180 days.  If the Commission has not adopted permanent regulations listing the Tricolored Blackbird within that timeframe, they must adopt new emergency regulations or the listing becomes invalid.  RCRC joined with a coalition including the California Farm Bureau Federation, the California Building Industry Association, and the California Chamber of Commerce in filing comments opposing the listing in July 2014, which can be viewed here.  The petition to list the species can be accessed here.

Strategic Growth Council Meeting Rescheduled

The December 2014 Strategic Growth Council (SGC) meeting has been rescheduled for January 20, 2015.  The focus of the January meeting will be the presentation and proposed adoption of guidelines for the Affordable Housing and Sustainable Communities (AHSC) and Sustainable Agricultural Lands Conservation (SALC) programs for the 2014-15 year. 

Comments received on the September 23, 2014 Draft AHSC Guidelines reflected a diversity of perspectives and a need for thoughtful review and consideration by SGC staff and implementing agencies.  The revised guidelines will reflect key elements that were not complete in the September draft, as well as additions and clarifications in response to the public comments received.  The release of the final draft guidelines is anticipated in early January 2015.

Later this month, SGC will publicly post a summary of proposed AHSC guideline changes anticipated to be reflected in the final guidelines.

Fiscal Year 2015 Appropriations Bills

The U.S. House and U.S. Senate each returned to session on December 1, 2014, and will be in session through late next week.  The two bodies will have to agree to appropriations legislation by December 11, 2014 in order to avoid a government shutdown.  Speaker John Boehner and Majority Leader Harry Reid have agreed in principle to a way forward on these bills.  Under the agreement, Congress would vote on legislation containing nearly all of the full-year (through September 30, 2015) appropriations bills.  Only Homeland Security Appropriations would be funded through a short-term Continuing Resolution, into early next year.  

Republicans in Congress prefer this approach because they hope to use Homeland Security funding as a vehicle for responding to President Obama’s recent Executive Order on immigration.  This so-called “cromnibus” (part CR and part omnibus) spending bill will likely be voted on in the House next week.  There is still no certainty that there are enough votes to pass the bill in the House of Representatives yet, so the threat of a government shutdown continues to loom.

USFWS to Take Public Comment in Sacramento on Yellow-Billed Cuckoo

The U.S. Fish and Wildlife Service (USFWS) has scheduled a public hearing in Sacramento on December 18, 2014 to hear public comment on the proposed critical habitat designations for the western distinct population segment of the Yellow-Billed Cuckoo (Cuckoo).  This is the only hearing that will be conducted in California on the proposal before the January 12, 2015 comment deadline.  

The proposed critical habitat designation corresponds with the listing of the Cuckoo as threatened in October 2014.  The critical habitat proposal was originally released in August 2014 for a 60-day comment period, but the USFWS reopened the comment period for an additional 60 days in November in response to numerous public requests and pressure from Congress for a deadline extension.  The designation will impact eight RCRC member counties – Butte, Colusa, Glenn, Humboldt, Imperial, Inyo, Sutter, and Tehama – and will cover mostly riparian areas along certain rivers where the Cuckoos tend to nest. 

Full details on the public hearing can be accessed here.

EVENTS/NOTICES

Sierra Nevada Conservancy (SNC) FY 2013-14 Annual Report

Click here.

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.  

Endangered and Threatened Wildlife and Plants; Threatened Species Status for West Coast Distinct Population Segment of Fisher: Proposes to list the west coast distinct population of fisher as threatened under the U.S. Endangered Species Act.  Agency: U.S. Fish and Wildlife Service Status: Draft published on October 7, 2014 for a 90-day comment period, comments due January 5, 2015.  Proposed regulation and related documents can be accessed hereRCRC Comments: Staff is seeking input from member counties.  RCRC Advocate: Staci Heaton sheaton@rcrcnet.org