The Barbed Wire - December 19, 2014

December 19, 2014
2014 Year in Review
Groundwater Basin Prioritization
Water Board Schedules Public Meetings on Grazing Project
Senate Committee Chairs Announced
CTC Releases 2014 Annual Report
NACo Legislative Priorities Adopted
U.S. Fish and Wildlife Extends Comment Deadline on Fisher Listing
Access to Medicaid Managed Care Providers Shows Weakness
Tax Extenders Legislation Enacted
BULLETIN BOARD
REGULATORY UPDATE

2014 Year in Review

The Year in Review is prepared for the RCRC Board of Directors to highlight the significant 2014 actions taken on issues impacting California’s rural counties, and to outline the advocacy efforts RCRC Governmental Affairs staff engaged in on behalf of its members.  The Year in Review aims to provide an overall summary of the most pressing issues of 2014 as they relate to RCRC member counties.  The 2014 Year in Review has been mailed to all Board Delegates, Alternates, and CAOs, and can be accessed here.

Groundwater Basin Prioritization

The Sustainable Groundwater Management (SGM) Act revised the Water Code to direct the Department of Water Resources (DWR) to develop the initial groundwater basin priority by January 31, 2015.  The SGMA included new criteria to be considered in the reprioritization process.  DWR has concluded that the basin prioritization finalized in June 2014 under the California Statewide Groundwater Elevation Monitoring (CASGEM) program will be the initial prioritization when the SGMA goes into effect on January 1, 2015.  Additional information can be accessed here.  The basin prioritization results can be accessed here.  The SGM Act applies to the 127 High and Medium priority groundwater basins, which account for approximately 96 percent of groundwater use in California.  

DWR has determined that data is not readily available to allow reprioritization based on adverse impacts from local habitat and local streamflows prior to January 31, 2015.  DWR will immediately begin to compile the habitat and streamflow data and develop a revised process to consider new information.  The groundwater basin prioritization could change at a later date for some basins due to the consideration of impacts from local habitat and local streamflows, in addition to potential changes to basin boundaries based on improved geologic information, correcting errors in the dataset, and requests from local agencies.  However, any changes to basin priorities will not be officially changed until after the Bulletin 118 alluvial groundwater basin boundaries are updated in 2016.  The basin prioritization update process will include public meetings or workshops to solicit data not available to DWR.

 

Water Board Schedules Public Meetings on Grazing Project

The State Water Resources Control Board (Water Board) has announced a series of public informational meetings on the Grazing Regulatory Action Project (GRAP), an effort by the State and regional boards to enhance environmental benefits and address water quality impacts associated with livestock grazing.  This will mark the first information released to the public on the project.  To date, the water board has only released information to targeted stakeholders via invitation-only listening sessions.  

The meetings will have limited seating, and will be held on the following dates and locations:

January 9, 2015

Board Room

Central Coast Regional Water Quality Control Board

895 Aerovista Place

Suite 101

San Luis Obispo, CA. 93401-7906

9 a.m. to Noon

 

January 15, 2015

Council Chambers

City of Redding

777 Cypress Avenue

Redding, CA 96001

9 a.m. to Noon

 

Tri County Fair Grounds

Tallman Pavilion

Sierra Street & Coates Street

Bishop, CA  93514

9 a.m. to Noon

Parties interested in attending must RSVP to DWQ-GRAP@waterboards.ca.gov with their name, affiliation, e-mail address, and meeting(s) that they wish to attend.  Additional information can be accessed here.

Senate Committee Chairs Announced

Following up the Assembly’s announcement earlier this month, the new President Pro Tem of the Senate, Kevin de Leon (D-Los Angeles) released the list of Committee Chairmanships for the California State Senate this week.  

Senator Ricardo Lara (D-Bell Gardens) became the Chair of the Appropriations Committee with Senator Mark Leno (D-San Francisco) maintaining his long time Chairmanship of the Senate Budget Committee.  Other noteworthy chairmanships include new Senator Bob Hertzberg (D-Van Nuys), former Speaker of the State Assembly from 2000-2002 heading up the Senate Governance and Finance Committee. 

Only two Senate Chairmanships were assigned to Senators representing RCRC counties.  Senator Lois Wolk (D-Davis) was assigned to chair Budget Subcommittee #2 handling issues of Resources, Environmental Protection, Energy and Transportation, as well as being part of Senator de Leon’s new leadership team as Majority Whip.  Senator Mike McGuire (D-Healdsburg) was assigned to chair both the Human Services Committee and the Joint Committee on Fisheries and Aquaculture.  Senator McGuire was also selected for a leadership role as the Democratic Caucus Vice-Chair.  Other leadership roles include Senator Bill Monning (D-Carmel) as Majority Leader, and Senator Connie M. Leyva (D-Chino) as Democratic Caucus Chair.  A detailed list of Senate Committee Chair assignments can be accessed here

As in the Assembly, it is expected that the full membership of each committee will be announced some time prior to the beginning of session on January 5, 2015.

 

CTC Releases 2014 Annual Report

This week, the California Transportation Commission (CTC) released its 2014 Annual Report to the California State Legislature.  The CTC report highlights some of the accomplishments made throughout 2014, and outlines what’s on the horizon in 2015.  These efforts center on strengthening the state’s transportation system through various reforms, considering new transportation revenue options to address funding shortfalls, and ensuring transparency across various programs.  The CTC 2014 Annual Report can be accessed here.

NACo Legislative Priorities Adopted

Earlier this week, the National Association of Counties (NACo) released their adopted 2015 Legislative Priorities.  Chief among them are efforts to reauthorize the Federal Payment In Lieu of Taxes (PILT) program, the Secure Rural Schools and Community Self-Determination Act (SRS), the Moving Ahead for Progress in the 21st Century Act (MAP-21), and to encourage the federal government to withdraw the “Waters of the U.S.” (WOTUS) proposed rule.

RCRC has long advocated for reauthorization of Federal PILT and SRS.  The SRS program was established to provide a guaranteed payment option to counties and schools located in forested areas in light of drastic reductions in funding derived from timber harvesting on national forest lands.  California’s rural counties and school districts use these funds to support a variety of programs and services, including road maintenance and day-to-day school operations.  Similarly, the Federal PILT program provides payments to counties and other local governments to offset losses in property tax revenues due to the presence of tax-exempt land, which is owned by a variety of federal agencies.  Federal PILT funding supports a variety of critical county programs and services, including firefighting and policy protection, construction of public schools and local roads, and search-and-rescue operations.  RCRC’s latest update on the status of Federal PILT and SRS can be accessed here.

With the temporary extension of funding for the Highway Trust Fund set to expire at the end of May 2015, Congress will need to renew dedicated funding to keep MAP-21 federal highway programs operating.  As part of the reauthorization efforts, RCRC has supported a long-term reauthorization of the bill to ensure that counties have adequate time to plan and prioritize projects, and has advocated for the renewal of dedicated funding for both locally owned on-system bridges and High-Risk Rural Roads, which were eliminated under MAP-21.  These programs are critical to address the infrastructure and safety needs of California’s rural counties.

The rulemaking changing the definition of WOTUS proposed by the U.S. EPA and Army Corps of Engineers rule has been highly controversial since its April 2014 release.  The proposal faces staunch opposition from stakeholders (including RCRC) and Congress alike for dramatically expanding federal jurisdiction over waterways that have no direct nexus to federal waters, including ditches and wetlands.  These changes will severely impact county permitting activities, and could also cause delays in upgrading and maintaining important county infrastructure such as storm water drainage ditches and emergency flood conveyance systems.

RCRC is pleased that NACo will continue to prioritize these federal issues that are so critical for California’s rural communities, and we look forward to partnering with them to advance these advocacy efforts in the next Congress. 

 

U.S. Fish and Wildlife Extends Comment Deadline on Fisher Listing

The U.S. Fish and Wildlife Service (USFWS) announced a 30 day extension to the comment deadline for the proposed threatened listing of the West Coast Distinct Population of fisher.  Originally due January 5, 2015, the comment deadline has now been extended to February 5, 2015.  

Upon initial release of the proposed rulemaking in October, USFWS cited the use of anti-coagulant rodenticides on public and private lands as a significant contributor to the decline of the species.  Such rodenticides are commonly found on illegal marijuana cultivation sites, and have been shown to be a cause of fisher deaths in certain areas on the West Coast, including the Southern Sierra Nevada.  USFWS has also identified wildfire as another significant contributor to the decline of the fisher population.

The fisher has verified habitat in thirteen RCRC member counties:  Colusa, Del Norte, Glenn, Humboldt, Lake, Madera, Mariposa, Mendocino, Shasta, Siskiyou, Tehama, Trinity and Tulare.  Background documents and instructions for filing comments can be accessed here.

Access to Medicaid Managed Care Providers Shows Weakness

A new investigation and recently released report by the U.S. Department of Health and Human Services (DHHS) titled, Access to Care: Provider Availability in Medicaid Managed Care, shows that even of the Medicaid providers listed, nearly half are either not located where listed and unreachable, or are not accepting new Medicaid patients.  Of those actually accepting and providing services to Medicaid patients, wait times to see a provider were often more than a month, and in some dire cases, more than two months. 

The DHHS report, coupled with another report released several months ago titled, State Standards for Access to Care in Medicaid Managed Care, regarding provider density issues in various networks, are likely to generate a call for tougher standards on Medicaid health plans to reinforce and better document their provider networks.  However, in areas of the country such as rural California, additional providers may simply be unavailable.  Moreover, the studies did not compare satisfaction, accessibility, or patient wait times for appointments under the new managed care systems versus a more traditional fee-for-service Medicaid system.  Outcomes may have been even worse without the shift to a more managed care approach. 

California utilizes a 1 to 2000 Provider-to-Enrollee standard for the Medicaid program, with no standard for specialists.  California also provides a standard for distance and time between enrollee’s residence and primary care providers, which is set at within 30 minutes or 10 miles, and no standard for specialists.  It seems likely that in some rural areas of the state, this standard is likely not being met.  Additionally, the State has a standard for access to an appointment time with primary care providers of within 10 days for routine care (15 days for seeing a specialist), and within 2 days for urgent care (4 days when waiting to see a specialist).

RCRC continues to be concerned about access to health care under the Affordable Care Act (ACA) in light of ongoing threats to providers and facilities from State sources, such as the Medi-Cal reimbursement rate cut, and periodic threats to the Medical Injury Compensation Reform Act (MICRA), which helps to maintain malpractice insurance rates in California at an affordable level for providers and health care facilities.

The Access to Care: Provider Availability in Medicaid Managed Care report can be accessed here.  The State Standards for Access to Care in Medicaid Managed Care report can be accessed here.

Tax Extenders Legislation Enacted

President Obama has signed legislation to provide a one-year renewal of almost $42 million in personal and business tax breaks.  The bill extends approximately 55 tax credits, which expired at the end of 2013, through December 31, 2014.  Among the tax breaks extended is a provision allowing farmers/ranchers to deduct during the 2014 calendar year for the purchase of new or used equipment, and allow for an accelerated depreciation schedule for related farm equipment.  Despite efforts earlier this year to include a fix to the Medicare Sustainable Growth Rate (SGR), no such provisions were included in the final package.

Many had hoped to extend the tax breaks for a longer time period, but Congress was not able to come to an agreement.  As a result of these failed negotiations, Congress will need to address this issue again in 2015.  

BULLETIN BOARD

NOFA: Household Hazardous Waste Grant Program

Click here.

NOFA: HCD Supportive Housing Multifamily Housing Program

Click here.

California Department of Finance Economic Update

Click here.

2014 Local Levee Assistance Program

This week, the Department of Water Resources (DWR) announced that the 2014 Local Levee Assistance Program (LLAP) solicitation period is now open, and applications are being accepted until 5:00 p.m. Thursday, March 17, 2015.  The LLAP was created to help fund projects implemented by flood management agencies, mainly outside of the Sacramento-San Joaquin Delta.  The main purpose of LLAP is to promote public safety through the inspection and evaluation of existing local flood control facilities, as well as to support improvements, construction, modifications, and the relocation of local flood control levees, weirs, or bypasses, or repair of critical bank and levee erosion.  

LLAP applications can be completed using the GRaNTS/BMS system, accessed here, and selecting the “LLAP PSP 2014-2015” application.  Public workshops will be held to present information on how to apply and to answer questions about the process.  Detailed information about the LLAP and the upcoming workshops can be accessed 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, comment deadline recently extended to February 5, 2015.  Proposed regulation and related documents can be downloaded hereRCRC Comments: Staff is seeking input from member counties.  RCRC Advocate: Staci Heaton sheaton@rcrcnet.org