The Barbed Wire - February 05, 2016

February 5, 2016
PublicCEO: The Year Ahead for California’s Rural Counties
New Partnership Announced to Expand Use of Prescribed Fire
Newly Released USFS Report Shows Impacts of Drought on Forests and Rangeland
Proposition 1 Informational & Oversight Hearing
Emergency Water Conservation Regulation Extended
Temporary Suspension of Monthly Reporting Requirement
Water Storage Investment Program Regulations/Public Hearing
Assembly Bill 21 Signed into Law – Revisions Effective Immediately
President Obama FY17 Budget to Include Full Funding for LWCF
Congressman Shuster Introduces FAA Authorization and Reform Proposal
BULLETIN BOARD
KEEPING UP
REGULATORY UPDATE

PublicCEO: The Year Ahead for California’s Rural Counties

By John Viegas, RCRC Chair and Glenn County Supervisor

February 1, 2016

Last month, I was sworn in as Chair of the Rural County Representatives of California, better known as RCRC. The core of RCRC’s mission is to improve the ability of small, rural California county governments to provide services by reducing the burden of state and federal mandates, and promoting a greater understanding among policy makers about the unique challenges that face California’s small population counties.

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New Partnership Announced to Expand Use of Prescribed Fire

The California Department of Forestry and Fire Protection (CAL FIRE) and USDA Forest Service have announced the signing of a fire memorandum of understanding (Fire MOU) with conservation and community fire protection groups to increase the use of prescribed fire on forested landscapes for the prevention of severe wildfires and enhanced restoration of California’s forest lands.  The partnership, announced on February 2, 2016, also includes the Sierra Nevada Conservancy, the USDI National Park Service, The Nature Conservancy, The Wilderness Society, Sierra Forest Legacy and a number of prescribed fire councils around the State.  

The purpose of the Fire MOU is to help further both the state and federal goals for restoration and fire prevention on the state’s forest lands through the expansion of prescribed burning, and also to aid in carrying out the provisions of the Governor’s Tree Mortality State of Emergency Proclamation from October 2015.  The CAL FIRE press release on the Fire MOU, including links to the MOU and related documents, can be accessed here.

Newly Released USFS Report Shows Impacts of Drought on Forests and Rangeland

The USDA Forest Service (USFS) has released a comprehensive report assessing the nationwide impacts of drought on forests and rangelands.  The report, which was a collaborative effort between the USFS, other federal agencies, and research institutions and universities nationwide, examines and outlines strategies to mitigate the impacts of drought and climate change, including planning for wildfire and insect infestations.  

The USFS developed the assessment to better manage forests and grasslands impacted by climate change, and to help give other land managers a better understanding of the impacts of drought on their own lands.  The report can be accessed here.

Proposition 1 Informational & Oversight Hearing

The Assembly Water, Parks & Wildlife Committee and the Assembly Budget Subcommittee #3 on Resources and Transportation held a joint informational and oversight hearing this week on Proposition 1, The Water Quality, Supply and Infrastructure Improvement Act of 2014.  Proposition 1, approved by the voters in November 2014, provides $7.545 billion in general obligation bond funding for various water-related projects and programs.  

The hearing included an overview by the Legislative Analyst’s Office, and committee members heard from two panels of state entities with responsibility for administering Proposition 1 funding.  Committee members posed numerous questions to the panelists about the processes and timelines developed to get the funding “out the door.”  Also of interest to committee members was the status of the California Water Commission’s (Commission) Water Storage Investment Program (WSIP).  As was noted several times, Proposition 1 continually appropriated the $2.7 billion for the WSIP and the appropriation of the funds is under the purview of the Commission – not the Legislature.  

Materials from the hearing can be accessed here.

Emergency Water Conservation Regulation Extended

This week, the State Water Resources Control Board (State Water Board) adopted an extended and revised emergency regulation on urban water use through October 2016.  The updated emergency regulation continues to specify how much water communities must conserve and provides recognition for certain factors affecting water use.  

The regulations provide for credits and adjustments to urban water suppliers’ conservation standards that range from 2 to 8 percentage points.  The regulation will now be submitted to the Office of Administrative Law for review and approval. 

Additional information can be accessed here.

Temporary Suspension of Monthly Reporting Requirement

On February 4, 2015, the Deputy Director for Water Rights issued Order WR 2015-0002-DWR (Informational Order) to 1,061 Statement holders in the Sacramento and San Joaquin watersheds and Delta.  This Informational Order, adopted as part of the integrated emergency drought response and extended in force through September 13, 2016, requires affected diverters to report their water diversions for each month by the fifth day of the succeeding month.  Even though the Informational Order remains in force, the Division of Water Rights (Division) recognizes that recent precipitation and coincident seasonal reduction in agricultural irrigation have reduced pressure on the State's water system.  

In light of the current conditions, but mindful of the ongoing long-term drought, the Division exercised its discretion and is temporarily suspending the requirement for monthly reporting of water diversions under Order WR 2015-0002-DWR for the month of January, 2016 (which would otherwise be due on February 5, 2016).  The Division will continue to monitor conditions and will make future decisions with respect to monthly reporting as conditions develop.  This temporary suspension does not affect the enforceability of the order, as to responses previously required, or for the other annual reporting responsibilities of all water users under their water rights.

Water Storage Investment Program Regulations/Public Hearing

The California Water Commission (Commission) has released proposed regulations relating to the Water Storage Investment Program, and has noticed a March 16, 2016 hearing at which it will consider adoption of the regulations.  The public comment period began on January 29, 2016.  

Proposition 1, approved by the voters in November 2014, included $2.7 billion in funding for the public benefits of water storage projects, and directed the Commission to develop and adopt regulations specifying the methods for the quantification and management of public benefits.  The proposed regulations provide the application process and requirements applicants must follow to quantify the public benefits of their proposed water storage projects. 

To be considered by the Commission, written comments not physically submitted at the March 16, 2016 hearing must be submitted no later than 5:00 p.m. on March 14, 2016.  The proposed regulations and all related documents can be accessed here.

The Commission is calling upon potential project proponents to submit Concept Papers by 5:00 p.m. on March 31, 2016 that summarize potential water storage projects and their benefits.  The Concept Papers are not mandatory to be eligible for WSIP funding, but the information collected will assist the Commission as it seeks to maximize the potential public benefits of water storage projects funding by the WSIP.

The Concept Papers submitted will be made available on the Commission’s website, so project proponents will be able to identify potential regional partners or potential conflicts with other projects.  Additional information can be accessed here.

Assembly Bill 21 Signed into Law – Revisions Effective Immediately

On Wednesday, the Governor signed Assembly Bill 211 (Wood) into law.  AB 21 is the legislative vehicle that addresses two revisions to the recently-enacted medical marijuana regulatory statutes relating to medical marijuana cultivation.  

The first, C-4 suggests a March 01, 2016 deadline for localities to have cultivation ordinances in place, otherwise the state would become the sole licensing authority for medical marijuana cultivation.  The second, Section G, speaks to local government’s ability to ban/regulate personal grows and patient caregiver grows for medical marijuana.

Since AB 21 contains an “urgency clause,” Section C-4 is repealed as of now, and the revised Section G goes into effect immediately.  RCRC’s letter urging the Governor’s signature of AB 21 can be accessed here.

President Obama FY17 Budget to Include Full Funding for LWCF

Earlier today, the Department of the Interior confirmed that President Obama will propose full funding of the Land and Water Conservation Fund (LWCF) in his FY 2017 Budget at $900 million.  

The full funding for the LWCF, which comes from a portion of offshore oil and gas drilling revenues, would be accomplished through “a combination of discretionary ($475 million) and mandatory ($425 million) funding," according to the Department of Interior.  The President’s FY17 budget is scheduled to be released on Tuesday, February 9, 2016.  In December, Congress included a three-year extension of the LWCF program in the FY16 Omnibus Appropriations bill.  

Congressman Shuster Introduces FAA Authorization and Reform Proposal

Earlier this week, House Transportation and Infrastructure Committee Chairman Bill Shuster (R-Pennsylvania) introduced H.R. 4441, referred to as the Aviation, Innovation, Reform and Reauthorization (AIRR) Act, to authorize six years of funding for Federal Aviation Administration (FAA) programs.  

The AIRR Act would provide increased funding for the Airport Improvement Program, which provides federal capital development and planning grants to airports.  The bill also continues to fund the Essential Air Service (EAS) program and increases funding for the program over the life of the bill from $275 million in Fiscal Year 2016 to $315 million in Fiscal Year 2022.  The EAS program provides subsidies to airline carriers for providing connectivity between eligible communities and major hub airports.  Additionally, the AIRR Act continues to authorize $5 million annually for the Small Community Service Development Program, which helps maintain limited air service to small and rural communities.  RCRC has historically supported funding for these three Federal programs as a number of our member counties receive tremendous economic and social benefits.

Chairman Shuster also included a controversial air traffic control system reform proposal in the AIRR Act, which seeks to establish a non-profit corporation to operate the nation’s air traffic control system as an independent entity from the Federal government.  Due to this component of the AIRR Act, several House Democrats and House appropriators, as well as airlines, and aviation labor and consumer groups have spoken in strong opposition to the proposal.  The Transportation and Infrastructure Committee has scheduled the bill for markup on Thursday, February 11, 2016. 

BULLETIN BOARD

Dry, Wet or Average?  The Challenges for Water Project Operations Briefing

A free one-day briefing on how this year’s hydrology is affecting water project operations will be held on February 23, 2016 at the Sacramento Convention Center.  Topics to be addressed include: hydrologic conditions; water project hydrologic and operational constraints; and, an overview of groundwater conditions. 

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NOFA: SGC and HCD Release $320 Million for FY 2015-16 Affordable Housing and Sustainable Communities Program

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LAO Issues Report and Recommendations on the State’s Drought Response

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KEEPING UP

Governor Appoints Bureau of Medical Marijuana Regulation Chief

On Thursday, Governor Jerry Brown announced the appointment of Lori Ajax, current Chief Deputy Director of the California Department of Alcoholic Beverage Control, to the newly-created post overseeing the Bureau of Medical Marijuana Regulation in the Department of Consumer Affairs.

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REGULATORY UPDATE

Proposed Exceptional Events Rule Revisions and Draft Wildfire Guidance: Revises the Exceptional Events Rule to clarify demonstration of events such as prescribed burns and wildfires, provides guidance to air agencies on procedures.  Agency: United States Environmental Protection Agency Status: Comments were due February 3, 2016.  Proposed regulatory language and related documents can be accessed here.  RCRC Comments: Click here RCRC Advocate: Staci Heaton sheaton@rcrcnet.org

Draft Conservation Plan for Gray Wolves in California: Provides strategies and potential actions for the management and conservation of gray wolves in California.  Agency: California Department of Fish and Wildlife Status: Draft available for public comment, comments due February 15, 2016.  Draft plan and related documents can be accessed here.  RCRC Comments: RCRC is seeking member county input.  RCRC Advocate: Staci Heaton sheaton@rcrcnet.org