The Barbed Wire - February 27, 2015

February 27, 2015
State Republican Caucus Announces Next Leader
IRWM Report Released
California Water Commission’s Water Storage Investment Program Survey
State Water Board Proposition 1 Workshops
Joint State Senate Transportation Hearing
LAO Releases Analysis of Proposition 47
State Park Reforms Subject of Joint Legislative Hearing
DFW Releases Restoration Grant Program Draft Guidelines
Key Gas Tax Adjustment Impacts Transportation Funding
FCC Votes In Favor of Net Neutrality
Secretary Foxx Testifies on Administration’s FY 2016 DOT Budget Request
FHWA Announces Proposed Rules on Asset Management
BULLETIN BOARD
REGULATORY UPDATE

State Republican Caucus Announces Next Leader

On Wednesday, the Senate Republican Caucus announced that Senator Jean Fuller (R-Bakersfield) was elected as the next Senate Republican Caucus Leader.  Senator Fuller will work alongside Senator Minority Leader Bob Huff (R-Diamond Bar) over the next eight months as she transitions to her leadership position.  This will mark the first time a woman has been elected leader in the Senate Republican Caucus’ history.  Senator Fuller takes the reins November 1, 2015.

IRWM Report Released

This week, the Department of Water Resources (DWR) released an updated document titled "Review of IRWM Planning and Implementation in California.”  The report is posted to the DWR Integrated Regional Water Management (IRWM) Strategic Plan website, accessed here.  

Since the passage of the Integrated Regional Water Management Planning Act (SB 1672) in 2002, 48 IRWM regions have been formed in California and 45 of the 48 regions have adopted an IRWM plan.  Collectively, these regions cover about 87 percent of the State’s geographic area and 99 percent of the population.  To date, State investments of $933 million have leveraged about $4 billion in local and regional IRWM cost-share, resulting in about 700 projects to improve water supply reliability, water quality, drought protection, regional self-reliance, public safety, and environmental stewardship.

The DWR is working with stakeholders to develop a strategic plan for the future of IRWM in the State.  The status of IRWM planning and IRWM plan implementation, as of December 2014, was reviewed to support strategic plan efforts.  The report presents the result of the review.  Questions on the document can be submitted electronically to IRWM_StrategicPlan@water.ca.gov.

California Water Commission’s Water Storage Investment Program Survey

The California Water Commission (CWC) is implementing Chapter 8 of the Water Quality, Supply, and Infrastructure Improvement Act of 2014 (Proposition 1), and developing a competitive process to allocate bond funds for the public benefits of qualified water storage projects.  The public benefits include ecosystem improvements, water quality improvements, flood control benefits, emergency response, and recreation.  The CWC is developing a Water Storage Investment Program to develop reliable measures of the public benefits and ensure that selected projects provide the maximum return for the public investment.  The Water Storage Investment Program represents an important opportunity to invest in the future of California. 

As one of the first steps in developing the Water Storage Investment Program, the CWC has initiated an initial scoping survey to collect cursory information about potential water storage projects from project proponents that may request Proposition 1 funding.  The survey requests general agency and project information such as project type, anticipated completion dates for feasibility studies and environmental documentation, permit requirements, potential public benefits provided, project cost, and potential funding partners.  The CWC will use this information in the development of the regulations, guidelines, and implementation process.

Agencies that have a water storage project under consideration which may qualify for Proposition 1 funding are urged to complete this initial scoping survey and to submit the information by March 11, 2015.  

While some information about potential storage projects exists from previous surveys conducted by the CWC and Department of Water Resources, the CWC is asking for help gathering information specific to this program.  The survey does not constitute an application for funding, and is not a requirement for future funding, or participating in the program, but will be useful to identify the number and kinds of water storage projects and their public benefits that are under consideration throughout the State.

For more information on the CWC, the Water Storage Investment Program, and how to get involved, click here.

State Water Board Proposition 1 Workshops

The State Water Resources Control Board (State Water board) will hold three workshops to provide information regarding the Water Quality, Supply, and Infrastructure Improvement Act of 2014 (Proposition 1).  The primary purpose of the workshops will be to give stakeholders an opportunity to provide feedback on the draft guidelines for Small Community Wastewater funding available from Proposition 1.  Proposition 1 allocates $260 million to the Clean Water State Revolving Fund (CWSRF) Small Community Grant (SCG) Fund for wastewater treatment projects.  The State Water Board will administer the Proposition 1 funding consistent with the CWSRF Intended Use Plan (IUP).  The Draft Fiscal Year 2015-2016 CWSRF IUP, on which comments are sought, can be accessed here.  Written comments on the document must be received by 12:00 P.M. Friday, April 3, 2015.  

Stakeholders will have the opportunity to provide the State Water Board staff with input on the draft guidelines for the Clean, Safe, and Reliable Drinking Water funding, and hear updates on Proposition 1 funding opportunities for Water Recycling, Stormwater, and Groundwater Sustainability.

The workshops will be held March 24, 2015 in Fresno, March 26, 2015 in Riverside and March 30, 2015 in Sacramento.  Full workshop details can be accessed here.

Joint State Senate Transportation Hearing

Earlier this week, the Senate Transportation and Housing Committee and Senate Budget and Fiscal Review Subcommittee #2 held a joint informational hearing on the State and Local Transportation Maintenance Backlog.  Members of the Committees heard presentations from State and local agency representatives outlining the transportation maintenance backlog funding shortfalls.  RCRC submitted comments to Committee members in advance of the hearing outlining findings in the Rural Counties Task Force’s recently completed 2015 Rural Counties Pavement Needs Assessment, the importance of interregional travel for California’s rural communities, and general rural county transportation funding issues.  The 2015 Rural Counties Pavement Needs Assessment – which, among other things, found a $9.8 billion deferred maintenance funding shortfall over the next 20 years for the rural transportation system – will be released in the coming weeks.  RCRC’s letter to the members of the joint Senate informational hearing can be accessed here.  

LAO Releases Analysis of Proposition 47

The Legislative Analyst's Office (LAO) recently released a report on implementation of Proposition 47, also known as the Safe Neighborhoods and Schools Act, passed by California voters in November 2014.  Through passage of Proposition 47, individuals whose crimes are no longer be eligible for detention in State prisons are now being sent to county jails due to Assembly Bill 109 (the criminal justice realignment law).  Proposition 47 reduces penalties for a variety of specified offenses, and requires the purported State ‘savings’ from prosecuting and housing these offenders to be invested in programs that support K-12 schools, victim services, mental health, and drug treatment. 

The LAO report finds that Proposition 47 will significantly decrease the State prison population, but could result in a temporary increase in court costs to process offenders’ petitions for those currently serving sentences prior to the voter-passed sentencing reforms.  More importantly, the report suggests that counties will see a significant reduction in their criminal justice workload – a point that RCRC recommends needs further analysis to determine how counties are responding to the drastic influx of local inmates serving time in county jails from AB 109 before we can fully understand the overall impacts Proposition 47 will have on the county criminal justice system.  The LAO report also contains a variety of recommendations that the Legislature should consider with regards to how the purported cost-savings should be invested and allocated.  The LAO report can be accessed here.

In related news, the Board of State and Community Corrections (BSCC) recently released the Community Corrections Performance Metrics report, which analyzed various commonly available performance metrics that will help policymakers and counties better understand how their local criminal justice program is performing.  The BSCC county performance metrics will help guide our understanding of how counties have responded to AB 109 realignment, and address Proposition 47 sentencing reforms.  The BSCC report can be accessed here

State Park Reforms Subject of Joint Legislative Hearing

California State Park reforms were the subject of a Joint Legislative Informational and Oversight hearing earlier this week.  John Laird, Secretary, Natural Resources Agency, Lisa Mangat, Acting Director, Department of Parks and Recreation (Department), and Steve Szalay, Special Advisor to the Department, testified before the Assembly Water, Parks and Wildlife Committee and the Senate Natural Resources and Water Committee regarding the Parks Forward Commission (Commission) Final Report (Report) released earlier this month.

 

Assemblymember Mark Levine, Chair of the Assembly Water, Parks and Wildlife Committee provided opening comments, stated that the Department management mishap in 2012 that lead to the threat of closing 70 state parks created a lack of trust among the Legislature and the people of California, and he welcomed the Commissions’ work and recommendations.

The plan for change developed by the Transformation Team includes a number of initiatives that follow the Commissions four basic themes of changing the organizational structure, creating new and stronger public/private/philanthropic partnerships, preserving natural resources, expanding park access for underserved communities and increasing urban populations, and establishing a stable funding source.

The Report can be accessed here.  The Transformation Team Draft Plan can be accessed here.  The California State Parks, Per Unit Costing Report can be accessed here.  The hearing agenda and background information can be accessed here.

DFW Releases Restoration Grant Program Draft Guidelines

The California Department of Fish and Wildlife (DFW) released the Restoration Grant Program draft guidelines authorized and funded by Proposition 1, passed by California voters in November 2014.  The DFW is now seeking public input on these guidelines via email, postal mail, and a series of public meetings.

Proposition 1 provides DFW $285 million for ecosystem restoration projects outside the Sacramento-San Joaquin Delta (Delta), and $87.5 million for projects that benefit the Delta.  The draft guidelines can be accessed here.  

Written comments should be emailed to WatershedGrants@wildlife.ca.gov, or mailed to:

California Department of Fish and Wildlife Restoration Grant Program
1416 Ninth Street
Sacramento, CA 95814

The DFW will hold three public meetings in March and April 2015 for the purpose of receiving comments on the draft guidelines.  The meeting dates and locations will be posted on the DFW website, accessed here, when available.

The purpose of the guidelines is to establish the process, procedures, and criteria through which the DFW will administer competitive grants for multi-benefit ecosystem and watershed protection and restoration projects in accordance with statewide priorities, including those in the California Water Action Plan.  To achieve this, the DFW is creating two new grant programs.  The Watershed Restoration Grant Program will focus on watershed restoration outside of the Delta, and the Delta Water Quality and Ecosystem Restoration Grant Program will focus on water quality, ecosystem restoration, and fish protection facilities that benefit the Delta.

Key Gas Tax Adjustment Impacts Transportation Funding

On Tuesday, the State Board of Equalization (BOE) adopted a $0.06 reduction in the gas excise tax – a move that was closely watched by transportation planners and public works directors around the State.

Under a complex transportation funding formula known as the “Fuel Tax Swap,” the Board of Equalization (BOE) is required by law to adjust a portion of the State’s gasoline tax in accordance with the retail price.  Because of dramatic decreases in the price of gasoline over the past several months, BOE staff suggested the Board lower the excise tax rate by $0.075 cents for Fiscal Year 2015-16, beginning July 1, 2015 – a move that was projected to decrease collection of tax proceeds dedicated to transportation projects by $1.1 billion in revenues.  As part of the complex formula, counties receive a portion of these taxes, thus any reduction in the rate translates into less money available for local transportation projects. 

In response to future projections that the cost of fuel may soon increase (as it has in recent weeks), and concerns voiced from various transportation stakeholder groups, the BOE adopted a reduction that was more modest.  It should be noted that the action taken by the BOE this week does not impact the levies placed on diesel fuel.

In related news, Senator Jim Beall (D-San Jose), Chair of the Senate Transportation and Housing Committee, introduced Senate Bill 321 earlier this week to revise the formula used by the BOE to adjust the excise tax rate, which would result in more transportation funding revenues.  

FCC Votes In Favor of Net Neutrality

On Thursday, the Federal Communications Commission voted 3-2 in favor of regulating the internet under Title II of the Federal Communications Act, a move that would allow the FCC greater control of Internet Service Providers (ISP).  Although the proposal has yet to be publicly unveiled, FCC Chairman Tom Wheeler has indicted that the internet will remain free from “fast lanes” and “throttling,” concepts that speak to ISPs ability to speed up or slow down content based on usage rates or monetary agreements with content providers.  Regulation of the internet under Title II would also afford the FCC greater ability to force ISPs to more rapidly build out broadband in remote and other high-cost areas.  The proposal is expected to be released in the coming months. 

Secretary Foxx Testifies on Administration’s FY 2016 DOT Budget Request

Transportation Secretary Anthony Foxx was once again on Capitol Hill this week to testify in front of the House Appropriations Committee about the Obama Administration’s budget request for the Department of Transportation (DOT) for Fiscal Year 2016.  The centerpiece of the budget is the Administration’s proposal to provide $478 billion for surface transportation programs over the next six years.  The plan has been met with skepticism by Congressional Republicans. 

FHWA Announces Proposed Rules on Asset Management

The Federal Highway Administration (FHWA) recently released a Notice of Proposed Rule Making (NPRM) on State Asset Management Plans.  The NPRM, as required by the Moving Ahead for Progress Act in the 21st Century (MAP-21), is intended to provide States with data and strategies to improve or preserve the condition and performance of the National Highway System.  In addition, the NPRM defines minimum standards for States to use to develop and operate highway bridge and pavement management systems.  The comment period will be open for 60 days, with comments due by April 21, 2015.  The Asset Management NPRM can be accessed here

BULLETIN BOARD

NOFA: Veterans Housing and Homelessness Prevention Program

Click here

Coastal Conservancy Sets Public Meeting on Draft Proposition 1 Grant Guidelines

Click here

California Transportation Plan Workshops Announced

The California Department of Transportation announced the dates for seven statewide workshops to receive input on the draft California Transportation Plan (CTP).  The CTP is California’s long-range policy framework used to develop the future of the State’s transportation needs.  The draft CTP and full details on the 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.  

2015 State Responsibility Area (SRA) Review and Proposed Changes: Evaluates and proposes changes to lands considered State Responsibility Area.  Agency: CAL FIRE/California Board of Forestry and Fire Protection Status: Board to consider approving the changes on March 04, 2015.  Information on the program can be accessed hereRCRC Comments: Staff is seeking input from member counties.  RCRC Advocate: Staci Heaton sheaton@rcrcnet.org