The Barbed Wire - December 1, 2017

RCRC Chair and Tehama County Supervisor Bob Williams Recognizes Rancho Tehama Heroes, First Responders, and Recovery Teams

Tuesday November 14, 2017 was a sad day for Tehama County.  Our little community of Rancho Tehama suffered a terrible, senseless tragedy that resulted in the loss of 5 innocent people, and injury to 10 others, including several children. The scars, physical, mental and emotional left by this event will be a part of our lives for years to come.  Read More…

Bureau of Cannabis Control Awaits Additional Cannabis Survey from Cities and Counties

Earlier this month, the Bureau of Cannabis Control (Bureau) released its Local Jurisdiction Survey to cities and counties to obtain information about designated point of contacts, ordinances, and other pertinent information related to cannabis.  As of November 29, 2017, the Bureau has received complete information, including copies of cannabis ordinances and the designated point of contact, from 43 of California’s 58 counties. 

As part of Senate Bill 94 and Assembly Bill 133 – budget trailer bills that harmonize the medical cannabis and adult-use cannabis regulatory structure – local governments are required to submit their respective ordinances and designated point of contacts to the Bureau.  The completion of surveys by cities and counties will assist state cannabis licensing agencies to ensure that licenses that are issued are in compliance with all local ordinances and regulations.

A tally of which counties have and have not submitted complete information can be accessed here.  The Local Jurisdiction Survey can be accessed here.  To access the survey, use password: cannabis2018.  Questions can be directed to Ashlynn Blackshire of the Bureau at Ashlynn.Blackshire@dca.ca.gov or (916) 574-7595.

U.S. EPA Proposing 2-Year WOTUS Rule Delay

The U.S. Environmental Protection Agency (EPA), in conjunction with the U.S. Army Corps of Engineers, has proposed a two-year delay for a new rule determining the definition of what constitutes “Waters of the United States” (WOTUS) in the federal Clean Water Act.  The current WOTUS rule, which was finalized in 2015 after much controversy, is currently in process of being repealed by order of President Trump, and will eventually be replaced by an updated version of the rule. 

EPA has proposed to delay the implementation date of the WOTUS rule to November 2019 in order to allow the agency more time to work through the process to repeal and replace the 2015 rule, which is under a nationwide stay due to several legal challenges.  The proposal is being dubbed “Phase Zero” with repeal being “Phase One” and replacing the rule being “Phase Two.”  The agency also intends to use the time to consult with states, tribes, and local governments beginning early in 2018.

The proposal has been sent to the White House Office of Management and Budget for review, after which it will be published in the Federal Register for official public notice.  The EPA press release on the proposal can be accessed here.

More Than 500 Organizations Join Forces to Support Federal PILT and SRS

More than 500 organizations, including RCRC and many RCRC member counties, have signed onto a letter urging congressional leadership to uphold their longstanding commitment to America’s public lands and federal forest counties.  Organized by the National Association of Counties, the letter asks for full funding of the Federal Payments in Lieu of Taxes (PILT) program for FY 2018, and a reauthorization of the Secure Rural Schools (SRS) program until a permanent solution is developed.  Read More…

NEPA Reform

On Wednesday, the House Natural Resources Committee (Committee) held a hearing on the National Environmental Policy Act (NEPA) to examine the modernization of its regulatory framework.  The Committee highlighted the legal cost of environmental impact statements and environmental assessments that delay and burden federal projects.

The Committee pointed to the NEPA amendments in the Fixing America’s Surface Transportation Act (FAST Act) of 2015, as a step towards modernization and reform, but argued there are more improvements to be made to NEPA. The Committee focused on proposals that streamline permitting decisions for infrastructure projects and cut costs for public and private stakeholders.

SALT Deduction

The House scheduled a Monday vote to move forward with a conference committee (aimed at reconciling the differences between both houses of Congress) with the U.S. Senate on the final version of the Republican-sponsored federal tax reform plan.  Democratic lawmakers are anticipating an opportunity to partially revive the possible elimination of the state and local tax deductions which were completely eliminated in the Senate bill and capped at $10,000 in the House bill.  House Republicans from high-tax states were promised a proposal to ease the financial burden that current forms of the tax bill would impose on their constituents. 

On the Senate side, Senator Susan Collins (R-Maine) established herself as a champion for state and local tax deductions. Her vote, as possibly the most moderate member of the Senate Republican caucus, will carry considerable weight in the closing days of the tax reform negotiations.

Interior Appropriations

On November 20, 2017, the Senate Appropriations Committee released the FY2018 Interior and Environment appropriations bill.  If passed, the bill would provide funding for the Department of the Interior, Environmental Protection Agency (EPA), and related agencies. 

The Senate approach would fund wildfire suppression at the 10-year average, $3.6 billion, plus an emergency buffer of $507 million.  This is the same funding structure that was in place for 2017, when the emergency buffer ended up being insufficient by hundreds of millions of dollars to cover the costs of wildfire suppression. Also included in bill language is a fire cap adjustment that would make fire suppression expenditures above 100 percent of the 10-year average eligible for disaster assistance.

The total funding for the U.S. Forest Service is $5.8 billion, including the $3.6 billion for wildfire suppression. The bill contains $12.17 billion overall for the Interior Department, including $465 million for the Payment in Lieu of Taxes program. In addition the bill funds the EPA at $7.91 billion including $2.26 billion for Clean Water and Drinking Water State Revolving Funds and $30 million for the Water Infrastructure Finance Act program.

The bill made headlines for proposing $150 million in cuts to the EPA but also received criticism from western senators who were unsatisfied by the fire funding proposal to end the budgetary practice known as “fire borrowing.” Ron Wyden (D-Oregon) and Jeff Merkley (D-Oregon) argue the bill fails to reform the broken system of funding and Senator Merkley points out that the U.S. Forest Service’s emergency buffer is insufficient for covering the costs of wildfires in years with severe fire seasons.

Senators Wyden and Merkley urge Congress to pass the Wildfire Disaster Funding Act to direct Federal Emergency Management Agency to treat wildfire funding similarly to other natural disasters. The Wildfire Disaster Funding Act currently enjoys 13 co-sponsors and is one of several forestry reform proposals under consideration in Congress; however lawmakers insist that a stand-alone legislative solution for wildfire funding is unlikely.

House and Senate Appropriators are indicating they do not have enough time to negotiate a final budget deal and to avoid a government shutdown on December 8^th. As such, Congress is expected to pass a Continuing Resolution that will extend their effective deadline to December 22^nd.

KEEPING UP

Bruce Delgado, 55, of Marina, has been reappointed to the Central Coast Regional Water Quality Control Board, where he has served since 2011. Delgado has been mayor of the City of Marina since 2008 and a botanist for the U.S. Department of the Interior, Bureau of Land Management since 1988. This position requires Senate confirmation and the compensation is $250 per diem. Delgado is registered Green Party.

Jeffrey Young, 63, of Santa Barbara, has been reappointed to the Central Coast Regional Water Quality Control Board, where he has served since 2000. Young has been an attorney at the Law Offices of Jeffrey Young since 1997. He was general counsel at the California Aquaculture Association from 1995 to 2000 and an associate at the Law Offices of Raymond J. Pulverman from 1994 to 1997. He was owner and operator at Pacific Seafood Industries from 1983 to 1992. Young earned a Juris Doctor degree from the Santa Barbara College of Law and a Master of Science degree in marine fisheries from Humboldt State University. This position requires Senate confirmation and the compensation is $250 per diem. Young is a Democrat.

Karl Longley, 80, of Fresno, has been reappointed to the Central Valley Regional Water Quality Control Board, where he has served since 1999 and served from 1989 to 1997. Longley has been environmental engineer and program manager at the California State University, Fresno California Water Institute since 2005. He has served in several positions at the California State University, Fresno College of Engineering since 1982, including professor, department chair, dean and dean emeritus. Longley was a partner and consulting engineer at Hanna Longley and Associates from 1983 to 1985 and a civil engineer at Strauss and Roberts Consulting Civil Engineers Inc. from 1981 to 1982. He served as a lieutenant colonel and environmental engineer in the U.S. Army from 1960 to 1981. Longley earned a Doctor of Science degree in environmental health engineering and a Master of Science degree in water resources and sanitary engineering from Johns Hopkins University. This position requires Senate confirmation and the compensation is $250 per diem. Longley is registered without party preference.

Carmen Ramirez, 41, of Atwater, has been reappointed to the Central Valley Regional Water Quality Control Board, where she has served since 2011. Ramirez has been a partner at the Law Offices of Kelsey and Ramirez since 2014. She was an attorney at the Law Offices of Carmen Ramirez from 2011 to 2014. Ramirez held several positions at Fagalde Albertoni and Flores LLP from 2007 to 2010, including counsel, associate and law clerk, and was a redevelopment associate at the City of Merced Office of Economic Development from 2003 to 2007. Ramirez earned a Juris Doctor degree from the San Joaquin College of Law. This position requires Senate confirmation and the compensation is $250 per diem. Ramirez is a Democrat.

Nancy Wright, 67, of Whitewater, has been reappointed to the Colorado River Basin Regional Water Quality Control Board, where she has served since 2012 and served from 2000 to 2007. Wright has been co-owner at Peter Wright General Contractor since 1977. Wright is a member and past president of the Mission Springs Water District Board of Directors, where she has served since 1988. This position requires Senate confirmation and the compensation is $250 per diem. Wright is a Republican.

Eric Sandel, 76, of Truckee, has been reappointed to the Lahontan Regional Water Quality Control Board, where he has served since 1992. Sandel has held several positions at S.A. Engineering since 1978, including principal and engineer. He is a licensed professional engineer. This position requires Senate confirmation and the compensation is $250 per diem. Sandel is a Democrat.

Gregory Giusti, 62, of Kelseyville, has been reappointed to the North Coast Regional Water Quality Control Board, where he has served since 2013. Giusti has been an advisor and director emeritus of forest and wildlands ecology at the University of California Cooperative Extension since 2017, where he was an advisor and director of forest and wildlands ecology from 1985 to 2017. He was an agricultural biologist at the San Mateo County Department of Agriculture from 1981 to 1985 and chief biologist at the Marine Ecological Institute from 1979 to 1981. He earned a Master of Arts degree in ecology and population biology from San Francisco State University. This position requires Senate confirmation and the compensation is $250 per diem. Giusti is registered without party preference.

Valerie Quinto, 33, of Petaluma, has been reappointed to the North Coast Regional Water Quality Control Board, where she has served since 2014. Quinto has been executive director at the Sonoma Resource Conservation District since 2017, where she has held several positions since 2008, including program director, conservation project manager and project coordinator. This position requires Senate confirmation and the compensation is $250 per diem. Quinto is a Democrat.

BULLETIN BOARD

Global Trade and Small Business Workshop Scheduled for Tehama County

Click here

Inyo County Seeks Integrated Waste Management Program Superintendent

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CPUC Community Meeting in Fresno – Input on PG&E Transportation Electrification Proposal

Click here

Draft BMP 6 Sustainable Management Criteria Public Meetings Scheduled

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Join NACo’s Disaster Response and Recovery Social Media Day

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.  

Notice of Availability of Modifications to the Text of Proposed Rulemaking Pertaining to Surface Mining Operation Inspections.  The modifications to the proposed 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 15-day public notice for comments for the modifications ends November 17, 2017.   Final consideration for adoption is scheduled for December 14, 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

Notice of Proposed Rulemaking Pertaining to SMARA Fees Schedule.  The proposed regulatory language is intended to enact the revisions to Public Resources Code Section 2207 based upon the statutory changes made by Senate Bill 209 (Pavley, 2016) to address the fees calculation formula, and to maintain a more equitable fee schedule for relatively smaller operations.  Agency: Department of Conservation State Mining and Geology Board Status: The draft was published September 29, 2017, with comments due by November 13, 2017, and final consideration for adoption anticipated in December 14, 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

Senate Bill 1383 Organics Diversion from Landfills Informal Draft Regulations.  Senate Bill 1383 (Lara, 2016) established methane emissions reduction targets in a statewide effort to reduce emissions of short-lived climate pollutants (SLCP) from various California sectors.  SB 1383 included goals of reducing organics from landfills by 50 percent in 2020 and 75 percent by 2025.  Informal stakeholder workshops were held October 30, 2017 in Sacramento, and November 2, 2017 in Huntington Beach.  Agency: Department of Resources Recycling and Recovery Status: The draft language was released October 25, 2017, with comments due November 15, 2017.  Additional information and draft regulations can be accessed here.  RCRC Comments:  Staff comments can be accessed here.  RCRC Advocate: Mary Pitto mpitto@rcrcnet.org