The Barbed Wire - December 2, 2016

December 2, 2016
California Democrats Secure a Supermajority in the Legislature
State Reveals Updated Plan for Short-Lived Climate Pollutants
Congress Working to Wrap Up Remaining Items
Coalition Sends Letter to Obama Administration to End Delta Tunnels
ECONOMIC DEVELOPMENT
KEEPING UP
BULLETIN BOARD
REGULATORY UPDATE

California Democrats Secure a Supermajority in the Legislature

After weeks of counting provisional and mail-in ballots, the last remaining State Senate race in question has been decided for Democrat Josh Newman, who defeated Assembly Member Ling Ling Chang (R-Diamond Bar) for the vacant 29th Senate District that includes the counties of Los Angeles, Orange, and San Bernardino.  California Senate Democrats now have 27 seats in the forty-member chamber, providing them with a 2/3rds majority in both houses of the Legislature.  

There are several legislative issues that are likely to be addressed in the 2017 Legislative Session – which convenes on Monday December 5th – that were unresolved from the previous Session and require a 2/3rds vote for passage.  These include, among others, an extension of the State’s Cap-and-Trade program beyond the current 2020 sunset, a transportation revenue and reform package, and a dedicated funding source for affordable housing.

Cap-and-Trade

The supermajority will likely ease Governor Brown's quest to extend the State's Cap-and-Trade program beyond its 2020 sunset date.  Assembly Bill 32 (de Leon), also known as the 2006 California Global Warming Solutions Act, allowed for the establishment of the program to reduce greenhouse gas emissions from large industrial polluters such as powerplants and oil refineries by the year 2020.  Governor Brown sought to extend the program indefinitely during the 2016 legislative session without success.

Transportation

The Legislature considered several proposals over the last legislative session to enact new transportation revenues coupled with reforms, but was unable to reach an agreement in the final days of the session or under the Special Session on Transportation that concluded earlier this week.  We anticipate that the Legislature will once again consider how to fund the state and local transportation infrastructure.  Since Democrats will have control of both chambers, it remains to be seen what elements (i.e. Republican transportation reform proposals) would be included any a final transportation package.

Affordable Housing

Several attempts have been made over the years to increase development of affordable housing through proposals that ranged from establishing a dedicated and reliable funding source tied to real estate transactions to others that would streamline and reform the local government permitting process.  While the majority of these efforts failed to gain the support necessary to advance through the legislative process, the Legislature will likely continue to focus on how to address the issue of affordable housing.  

State Reveals Updated Plan for Short-Lived Climate Pollutants

On Monday, the California Air Resources Board (CARB) released the latest draft Short-Lived Climate Pollutant Reduction Strategy (Strategy) for public review and comment.  CARB is developing the Strategy under mandate of Senate Bill 605 (Lara), which was signed into law in 2014 requiring the agency to develop the policy document in coordination with other state agencies and local air quality agencies.  

Short-lived climate pollutants remain in the atmosphere for a shorter time than longer-lived pollutants, but are much more potent and have a much stronger relative potency and a profound impact on climate change.  These pollutants include black carbon, a component of fine particulate matter released by wildfires and older diesel engines, fluorinated gases such as those found in refrigeration and air conditioning systems, and methane, which is often released by the agricultural, waste, and oil and gas sectors. 

Although SB 605 mandated CARB to complete the Strategy by January 1, 2016, stakeholder concerns and controversy surrounding provisions in the original draft released last year necessitated more work on the document, and a delayed completion timeline.  In particular, stakeholders, including RCRC, were critical of proposals surrounding strict, impossible-to-meet organics diversion goals and the lack of targets and strategies for wildfire emissions reductions.

CARB is accepting public comment on the Strategy until January 17, 2017, and CARB will consider the proposed draft for approval at its March 23-24, 2017 meeting.  The Strategy and instructions for filing comments can be accessed here.

Congress Working to Wrap Up Remaining Items

Congress returned to Washington, D.C. this week and is working to finish a handful of bills.  The House and the Senate are still working to find an agreement on several legislative items of importance to RCRC counties including the Continuing Resolution (CR), the Water Resources Development Act, the Energy Bill, and drought legislation. 

The CR is the only must-pass piece of legislation before the end of the year.  There are indications that the Water Resources Development Act and the drought legislation are very close to an agreement.  There are still several sticky points on the Energy bill between the House and the Senate that signal a less likely chance of passage before the end of the year.  Reforms to the Land and Water Conservation Fund and wildfire prevention are still part of the ongoing Energy bill discussions. 

Time is running out for all of the remaining bills as there are only a few days remaining on the Congressional calendar before the end of the year.

Coalition Sends Letter to Obama Administration to End Delta Tunnels

A coalition of environmental groups and others recently sent a letter to key members of the Obama Administration explaining why they believe the California WaterFix proposal should be terminated before the end of the Presidents Administration. 

The letter can be accessed here.

ECONOMIC DEVELOPMENT

RCRC Co-Sponsors 2016 California-Mexico Trade and Investment Summit 

On November 17, 2016, local, regional, state and federal economic development agencies partnered to facilitate the “California-Mexico Trade and Investment Summit” presented by the Governor’s Office of Business and Economic Development (GO-Biz) and ProMéxico. The event was held at the Shasta Venture Hub in Redding. 

Approximately 40 local businesses and business service providers attended the event and discussed the various resources and opportunities available for small to medium-sized businesses interested in starting or enhancing their exporting opportunities and also about potential cross-border investment opportunities.

The event showcased three diverse panels of subject-matter experts in the field of exporting and trade.  Topics included stimulating economic development in rural communities through increased international trade sales and foreign direct investment, north state regional economic advantages, opportunities and resources, and cross border business opportunities.

RCRC Delegate and Shasta County Supervisor, Les Baugh, provided the opening remarks, and RCRC President and CEO, Greg Norton, facilitated the panel discussion on stimulating economic development in rural communities through increased international trade.  

“Our organization is committed to protecting and improving the quality of life in California’s rural counties,” said Norton.  “We are proud to support events like this that bring valuable resources and information to businesses and residents within our member counties, understanding the impact that economic growth and vitality has upon our local communities.” 

RCRC, in partnership with local, state, federal and private entities, will be hosting exporting and trade forums in several rural communities throughout 2017. Look for more information about these events in the coming weeks.

KEEPING UP

Dr. Jeffrey Onsted Named Department of Conservation Science Adviser

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BULLETIN BOARD

Inyo County Seeks Auditor-Appraiser

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NOFA: Housing-Related Parks Program

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Department of Water Resources Announces Initial Water Allocation for 2017

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Draft Report on Water Conservation Objectives Posted; Webinar Scheduled

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UC Rangelands Launces Rangelands Drought Hub

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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.  

Revised Draft Short-Lived Climate Pollutant Reduction Strategy.  The revised Short-Lived Climate Pollutant (SLCP) Reduction Strategy and relevant Appendices have been released for public review and comment.  The SLCP Strategy addresses black carbon, methane, and hydroflourocarbons (HFC) emissions and lays out a range of options to reduce SLCP emissions in California, including regulations, incentives, and other market-supporting activities.  Agency: Air Resources Board Status: Released on November 28, 2016, with comments due by January 17, 2017.  Three SLCP workshops will be held on the week of December 12, 2016.  The Revised Draft SLCP Reduction Strategy and Revised Draft Environmental Analysis (Appendix E) will be considered at the March 23-24, 2017 ARB meeting.  The revised SLCP Reduction Strategy, notice of the public workshops, and related documents can be accessed hereRCRC Comments: Staff is seeking input from member counties.  RCRC Advocate: Mary Pitto mpitto@rcrcnet.org and Staci Heaton sheaton@rcrcnet.org

Proposed Pesticide Use Near School Sites Regulation. While current regulatory requirements for pesticide applications near schools vary from county to county, the proposed regulation will provide minimum statewide standards for all agricultural pesticide applications near public K-12 schools and child day care facilities.  The proposed regulation will require growers to notify public K-12 schools, child day care facilities, and County Agricultural Commissioners when certain pesticide applications made for the production of an agricultural commodity near a school site are planned in the coming year, and again a few days prior to the applications.  In addition, certain pesticide applications near these school sites will be prohibited at certain times.  Agency: Department of Pesticide Regulation (DPR) Status: The proposed regulations were released in September 2016, with public comments now due December 9, 2016.  Public hearings were held on November 15 and 16, in Oxnard and Tulare, respectively and one more is scheduled for December 9, 2016, in Salinas.  The public notice with public hearing time and location details and the draft regulations can be accessed hereRCRC Comments: Staff is seeking input from member counties.  RCRC Advocate: Mary Pitto mpitto@rcrcnet.org

General Plan Safety Element Review and Assessment. The proposed rule establishes a standardized review process for the Board of Forestry review of a draft element or a draft amendment to the safety element of a county or a city’s general plan that contains State Responsibility Area (SRA) or Very High Fire Hazard Severity Zone. Agency: Board of Forestry and Fire Protection (Board) Status: The proposed rule was published October 28, 2016, with comments due by December 13, 2016.  The Board anticipates holding a public hearing on January 24, 2017.  The proposed rule can be accessed here.  RCRC Comments: Staff is seeking input from member counties.  RCRC Advocate: Mary Pitto mpitto@rcrcnet.org

California Paint Stewardship Program 2016 Annual Report.  PaintCare has submitted their California Paint Stewardship Program 2016 Annual Report (Report) to CalRecycle.  Agency: CalRecycle Status: Report posted November 3, 2016, with public comments regarding the performance of the paint stewardship program due December 19, 2016.  CalRecycle will make a subsequent determination regarding compliance within 90 days.  RCRC Comments: Staff is seeking input from member counties.  The Report can be accessed here.  RCRC Advocate: Mary Pitto mpitto@rcrcnet.org

Floodplain Management and Protection of Wetlands. The proposed rule implements the Federal Emergency Management Agency (FEMA) Federal Flood Risk Management Standard (FFRMS) update for a Housing and Urban Development (HUD) assisted or financed project involving new construction or a substantial improvement that is situated in an area subject to floods.  Agency: US Department of Housing and Urban Development. Status: The proposed rule was published October 28, 2016, with comments due by December 27, 2016.  The proposed rule can be accessed here.  RCRC Comments: Staff is seeking input from member counties.  RCRC Advocate: Mary Pitto mpitto@rcrcnet.org

Amendments to the Portable Engine ATCM and the PERP.  Revisions to the Portable Engine Airborne Toxic Control Measure (ATCM) and the Statewide Portable Equipment Registration Program Regulation (PERO) are being proposed.  The current ATCM requires subject fleets of engines to meet a series of fleet average emission standards for diesel particulate matter (DPM).  The ATCM fleet standards became effective in 2013 and become more stringent in 2017 and 2020.  Compliance with the future fleet requirements are projected to be very difficult.  The proposed amendments include alternatives to the current fleet averages to protect public health while considering economic impacts to regulated fleets.  Agency: Air Resources Board (ARB) Status: Draft regulations are dated September 9, 2016.  A public workshop was held on November 10, 2016.  The proposed regulations are anticipated to be released in early 2017, and considered at the March 2017 ARB public meeting.  The draft regulations and additional information can be accessed hereRCRC Comments: Staff is seeking input from member counties.  RCRC Advocate: Mary Pitto mpitto@rcrcnet.org