The Barbed Wire - February 26, 2016

February 25, 2016
RCRC Urges Member County Action on State PILT Legislation
RCRC Officers Advocate on Capitol Hill
Federal Circuit Court Continues Stay on WOTUS
Garamendi to Introduce Drought Companion Legislation
DFW Announces Grant Recipients
Joint Legislative Hearing Held on State Implementation of SGMA
DWR Extends IRWM Draft Guidelines Comment Period
NACo Launches “Counties Matter” Campaign
KEEPING UP
BULLETIN BOARD
REGULATORY UPDATE

RCRC Urges Member County Action on State PILT Legislation

In 2015, the final State Budget Package included language in the Fish and Game Code that changed “shall” to “may” to make future State Payment in Lieu of Taxes (PILT) payments to counties permissive.  RCRC is sponsoring legislation authored by Senator Mike McGuire (D-Healdsburg) to amend the Fish and Game Code back to the original “shall pay annually.”  

Senator McGuire’s Senate Bill 1188 is a bi-partisan effort, authored in conjunction with fifteen additional authors and co-authors.  Introduced February 18, 2016, SB 1188 may be heard in the first senate policy committee on or after March 20, 2016.

RCRC is urging all 36 State PILT counties to submit a letter of support for SB 1188 to Senator McGuire with a copy to respective state legislators and RCRC.  The 36 State PILT counties include Alpine, Butte, Colusa, Del Norte, Fresno, Glenn, Humboldt, Imperial, Inyo, Lake, Lassen, Madera, Marin, Merced, Modoc, Mono, Monterey, Napa, Nevada, Placer, Plumas, Riverside, San Bernardino, San Diego, San Luis Obispo, Shasta, Sierra, Siskiyou, Solano, Sonoma, Stanislaus, Sutter, Tehama, Tulare, Yolo, and Yuba. 

The text of SB 1188 can be accessed here.  The RCRC State PILT Q&A document can be accessed here.  Please contact Nick Konovaloff at nkonovaloff@rcrcnet.org with any questions or for assistance formulating a letter of support.

RCRC Officers Advocate on Capitol Hill

RCRC’s Officers traveled to Washington, D.C. this week to advocate for funding for Federal PILT, for a permanent fix to the way wildfires are funded, and for Fee-to-Trust reform, among other issues.  In meetings with the California congressional delegation and House and Senate Appropriations Committees, RCRC’s leadership team argued for the need for a permanent solution to fund Federal PILT, as well as the need to end “fire-borrowing” by passing the Wildfire Disaster Funding Act.  

The RCRC leadership team heard repeatedly that significant legislation will be difficult, if not impossible, to pass in a presidential election year.  Despite this obstacle, RCRC’s officers stressed the need for legislative action to fully fund these programs, and to quickly address Secure Rural Schools and forestry management.

RCRC Chair John Viegas (Glenn) discussed the need for a permanent wildfire Budget fix before the RCRC Congressional delegation and the House and Senate Appropriations Committees.  Viegas impressed upon Congress the Budget phenomenon known as “fire-borrowing” – the raiding of forest management accounts to pay for rising wildfire suppression costs – arguing that fire-borrowing is severely limiting the U.S. Forest Service’s (USFS) ability to do the proactive work that maintains forest health and prevents large-scale catastrophic wildfire.  

RCRC’s meetings with Congressional leaders proved very timely as the USFS was called to testify before Congress to explain the President’s proposed wildfire Budget fix just one day after RCRC’s meetings.  At the House Interior Appropriations Subcommittee hearing to examine the President’s FY2017 Budget request, USFS Chief Tom Tidwell testified in defense of the President’s proposal to allow the USFS access to a disaster funding cap adjustment in order to cover suppression costs for the most severe fires.  The President would allow the USFS to access an amount equal to 30 percent of the 10-year average of suppression costs while leaving the remaining 70 percent to be funded through the annual appropriations process in Congress.  The Subcommittee was receptive of the Administration’s idea but seemed skeptical that forest management accounts could be fully protected from rising suppression costs.  The Interior Appropriations Subcommittee will continue to review the President’s request in the coming weeks and may vote on a bill at the end of March.   

RCRC leaders also met with key congressional committee staff and legislators on Capitol Hill to discuss pending legislation to reform the process for acknowledging new Tribes and the process for the federal government taking fee land into trust.  The prospects for both bills remain uncertain given a lack of consensus and the limited legislative calendar this year. 

The House Natural Resources Committee has conducted two hearings on legislation (H.R. 3764) introduced by Chairman Rob Bishop (R-UT) to require Congress to act on acknowledgment petitions.  The Senate could consider S. 1879 this year after the legislation was approved by the Senate Select Committee on Indian Affairs last December.  RCRC provided Senate offices with a package of amendments supported by all California counties to further revise S. 1879, encouraging cooperative agreements between Tribes and local governments and ensuring that off-reservation impacts are mitigated.  Senator Feinstein advised committee leaders late last year that she, too, will seek significant revisions to the legislation when it reaches the Senate floor.  The House bill on tribal acknowledgment is controversial, and RCRC is analyzing the bill ahead of any further congressional action.

Federal Circuit Court Continues Stay on WOTUS

After hearing arguments two months ago about which federal courts should have jurisdiction to consider legal challenges to the Obama Administration’s new Clean Water rule, the Federal 6th Circuit court of appeals ruled that it will eventually rule on the case.  The ruling continues the stay of the rule issued by the court in October 2015.  

More than 30 states, industry, and environmental organizations have filed suits challenging the rule over which Waters of the U.S. (WOTUS) are subject to the federal Clean Water Act.  Another federal district court in South Dakota is also proceeding with a separate suit against the rule.  While the 6th Circuit rule is a procedural victory for the Obama Administration and environmental organizations that seek to consolidate the seven suits filed across the country, states, local governments, and industry groups that would be subject to the new rule welcome the continued stay, which prevents the rule from taking effect.  The legal challenges are expected to continue for months, if not years, to come and eventually land at the U.S. Supreme Court.  Meanwhile, the rule remains the subject of significant controversy on Capitol Hill, where lawmakers are expected again this year to seek a ban on funding implementation of the rule.

Garamendi to Introduce Drought Companion Legislation

This week, Congressman John Garamendi (D-CA) stated he plans to introduce drought legislation in the House that mirrors the recent drought legislation introduced by Senator Dianne Feinstein.  Garamendi indicated he thinks the current House-passed drought bill, introduced by Representative David Valadao (R-CA), violates environmental laws and does not do enough to address long-term storage or infrastructure needs.  

Feinstein’s bill would invest $1.3 billion in long-term projects as well as short-term operational changes for the drought.  The bill instructs the Interior Department to try to increase pumping in the delta to take advantage of winter rainstorms and would provide grants and loans to desalination plants and water recycling projects.  While the Senate Energy and Natural Resources Committee has not scheduled a mark-up for Feinstein’s bill, her staff indicated that they are working with the Committee to schedule a mark-up on the calendar for April or early May 2016.

DFW Announces Grant Recipients

The California Department of Fish and Wildlife (DFW) has announced the selection of 67 projects that will receive funding for coastal salmon and steelhead habitat restoration, response to the statewide drought and forest legacy restoration.  The grants, which total $16,720,061, are distributed through the DFW’s Fisheries Restoration Grant Program (FRGP) and include approximately $661,000 awarded to drought restoration projects, $2.5 million awarded for timber legacy restoration projects and $13.4 million for anadromous salmonid restoration projects.  

FRGP monies come from a combination of state sources and the federal Pacific Coast Salmon Restoration Fund.  The list of approved projects can be accessed here.

Joint Legislative Hearing Held on State Implementation of SGMA

The Senate Natural Resources and Water Committee and the Assembly Water, Parks and Wildlife Committee held a joint oversight hearing on February 23, 2016 on State Implementation of the Sustainable Groundwater Management Act (SGMA).  Representatives of the Department of Water Resources (DWR) and the State Water Resources Control Board (SWRCB) discussed the activities taken and yet to be taken to implement SGMA.  

The response panel, composed of varied stakeholders including local public agencies qualified to form Groundwater Sustainability Agencies (GSAs), uniformly complemented the DWR on their outreach efforts and willingness to work with the interest groups during development of implementing regulations.  The RCRC/CSAC County SGMA Working Group has been meeting with DWR throughout the process.  Supervisor Bruce Gibson, San Luis Obispo County, testified on behalf of California counties.

The public review and comment period on the DWRs draft Groundwater Sustainability Plan (GSP) regulations ends March 25, 2016.  RCRC encourages member counties to submit comments on the draft regulations and requests that a copy of the comments submitted be sent to RCRC.  The draft regulations can be accessed here.  The DWR’s PowerPoint presentation can be accessed here.  

DWR Extends IRWM Draft Guidelines Comment Period

The Department of Water Resources (DWR) has extended the Public Comment Period close date from March 18, 2016 to April 8, 2016 for the Proposition 1 2016 IRWM Grant Program Draft Guidelines, Draft Planning Proposal Solicitation Package, and Draft Disadvantaged Community Involvement Request for Proposals.    

The draft documents can be accessed here.  The Public Workshop PowerPoint can be accessed here.  If you missed the first public workshop in Sacramento, the next two workshops are:

March 9, 2016, 10:00 am  

Visalia Branch of the Tulare County Library

200 West Oak Avenue, Blue Room

Visalia, CA 93291

March 16, 2016, 10:00 am

California Tower

3737 Main Street, Highgrove Room #200

Riverside, CA 92501

Please submit public comment or general questions to DWR_IRWM@water.ca.gov by 5:00 pm on April 8, 2016.  

NACo Launches “Counties Matter” Campaign

In coordination with their Legislative Conference this week, the National Association of Counties (NACo) has launched a new “Counties Matter” campaign.  The campaign consists of an interactive website, informative video, and downloadable materials for use in explaining why federal policies matter to counties, and why counties matter to America.  Complete details on the NACo “Counties Matter” campaign can be accessed here.

KEEPING UP

J. Keith Gilless Reappointed to the California Board of Forestry and Fire Protection

Click here

BULLETIN BOARD

Save-the-Date: RCRC-Sponsored H.E.A.T. Institute North State Informational Summit on Human Trafficking

Click here

You’re Invited: Sierra Nevada Watershed Improvement Program Summit – The Forest Carbon Story

Click here

Pre-Disaster Mitigation and Flood Mitigation Assistance Grants

Click here

Groundwater Sustainability Plans Draft Emergency Regulations Public Meetings and Public Comment Process

Click here

California Fire Safe Council Accepting Applications for Wildfire Prevention Grants

Click here

Small Business and Disabled Veteran Business Enterprise Events Calendar

Click here

Mendocino County Seeks Health and Human Services Agency Director

Click here

Department of Water Resources Increase State Water Project Allocation to 30 Percent

Click here

REGULATORY UPDATE

Drought Mortality Amendments, 2015: Extends until December 2018 various exemptions to the forest practice rules allowing for the removal of dead, dying, and diseased trees due to the drought.  Agency: California Board of Forestry and Fire Protection Status: Draft released for public review, comments due by 5 p.m. on March 28, 2016.  Hearing set for April 6, 2016.  Proposed regulatory language and related documents can be accessed here.  RCRC Comments: RCRC is seeking member county input.  RCRC Advocate: Staci Heaton sheaton@rcrcnet.org

Sierra Nevada Watershed Improvement Program Regional Strategy: Provides strategies and potential actions for the improvement of watershed health in the Sierra Nevada region.  Agency: Sierra Nevada Conservancy / USDA Forest Service, Pacific Southwest Region Status: Draft available for public comment, comments due March 18, 2016.  Draft strategy and related documents can be accessed here.  RCRC Comments: RCRC is seeking member county input.  RCRC Advocate: Staci Heaton sheaton@rcrcnet.org

Revised Proposal to Update CEQA Guidelines regarding Analysis of Transportation Impacts: Senate Bill 743 (Steinberg; 2013) required an initial draft of changes be developed to the California Environmental Quality Act (CEQA) regarding the analysis of transportation impacts by the summer of 2014.  This revised proposal reflects input received on that preliminary discussion draft.  Agency: The Governor’s Office of Planning and Research (OPR) Status: Draft language released January 20, 2016 with comments due February 29, 2016.  RCRC comments:  Staff is seeking input from member counties.  A copy of the revised proposal can be accessed hereRCRC Advocate: Mary Pitto mpitto@rcrcnet.org

Proposed Changes to the CDBG Regulations: The proposed changes to current Community Development Block Grant (CDBG) Regulations will include additional language to allow special allocations of funding for use in mitigating disasters and disaster recovery.  Agency: The Department of Housing and Community Development (HCD) Status: The proposed language was released January 22, 2016, with public comment open until March 8, 2016.  RCRC comments: Staff is seeking input from member counties.  A copy of the proposal and additional information can be accessed here.  RCRC Advocate: Mary Pitto mpitto@rcrcnet.org