The Barbed Wire - February 28, 2014

February 28, 2014
Drought Related Economic Injury Disaster Loans Available to RCRC Member County Businesses and Organizations
California State Board of Food and Agriculture to Meet with Governor’s Drought Task Force
Drought Emergency Bills
State PILT Legislation Introduced
RCRC Submits Comments on Frog/Toad Economic Analysis
Joint Oversight Hearing Held on Bay Delta Conservation Plan
Federal Transportation Bill
Events/Notices
Legislative Update: February 21-27, 2014

Drought Related Economic Injury Disaster Loans Available to RCRC Member County Businesses and Organizations

Based on recent drought declarations around the State, the U.S. Small Business Administration (SBA) announced this week that Economic Injury Disaster Loans (EIDLs) are now available to businesses and organizations within California’s 58 counties. EIDLs provide working capital to help small businesses, small agricultural cooperatives, small businesses engaged in aquaculture, and most private, non-profit organizations of all sizes meet their ordinary and necessary financial obligations that cannot be met as a direct result of the disaster. 

These loans are intended to assist through the disaster recovery period, and alleviating economic injury caused by the disaster. 

The application deadlines vary by county, and a detailed EIDL fact sheet outlining requirements, rates, terms, limits, and restrictions can be accessed here. The SBA EIDL application can be accessed here.

For additional information, please contact SBA’s Disaster Assistance Customer Service Center at 800.659.2955 or disastercustomerservice@sba.gov, or visit SBA’s website here.

*Additional emergency funding opportunities available through the United States Department of Agriculture (USDA) will be featured on the “Drought Update” section of the RCRC website.

California State Board of Food and Agriculture to Meet with Governor’s Drought Task Force

The California State Board of Food and Agriculture will focus on drought impacts to the agricultural sector at its upcoming meeting on March 4th in Merced. The Governor’s Drought Task Force leaders are traveling throughout the State to meet with local officials to hear how communities are coping with drought impacts. 

Detailed information on the meeting can be accessed here, and the meeting will be streamed online here.

Drought Emergency Bills

On February 24, 2014, Assembly Bill 79 and Senate Bill 103 (2013 Budget Act bills) were amended to carry the Emergency Drought legislation that was unveiled last week by Governor Brown, Senate President Pro Tem Darrel Steinberg, and Assembly Speaker John Perez.  The two identical bills are urgency statutes and would appropriate $214.9 million and $74.7 million respectively from the General Fund to a variety of projects. 

Also amended were AB 80 and SB 104, relating to drought relief. These identical bills, also urgency measures, would both appropriate funds and expedite administrative actions such as authorizing the State Water Resources Control Board (State Water Board) to promulgate emergency regulations to promote water recycling and water conservation, as well as the curtailment of water rights and diversions when water is not available under the diverter’s priority of right.  These two budget trailer bills are linked to the 2013-14 Budget Act, and would only become operative if either AB 79 or SB 103 is enacted.

On February 26, 2014, AB 79 and AB 80 were heard in the Assembly Budget Subcommittee #3 on Resources and in the full Senate Budget and Fiscal Review Committee. In the Assembly Committee, Assemblyman Jim Patterson (R), made an alternative motion to the two bills, substituting use of the AB 32 funds for general funds, and striking a section regarding water rights. Instead, the Committee approved the original language of AB 79 and AB 80. The bills were, however, amended to address some stakeholder concerns expressed during previous public comment.

The following day, SB 103 and SB 104, the Senate version of AB 79 and AB 80 were passed by the Assembly and the Senate.  The bills now go to the Governor for final action.  The Legislature will be continuing to address the drought issue throughout the Budget process this year.

The text of the Senate bills can be accessed via the following links:

For additional information, please contact RCRC Legislative Advocate Cyndi Hillery at 916.447.4806 (chillery@rcrcnet.org), or Kathy Mannion at 916.447.4806 (kmannion@rcrcnet.org).

State PILT Legislation Introduced

Senators Lois Wolk (D-Yolo County) and Jim Nielsen (R-Gerber) have introduced Senate Bill 1410, which would appropriate $19 million from the General Fund to pay 36 counties for  past due monies owed by the Department of Fish and Wildlife (DFW) for payment-in-lieu of taxes (PILT).  The bill also appropriates $2 million annually from the General Fund to the DFW to make annual payments to counties as required by law. 

Joining Senators Wolk and Nielsen as co-authors to SB 1410 are a bi-partisan group of eighteen Senators and Assembly Members who represent some of the impacted counties.

Existing law requires the DFW to pay counties an amount equal to the county taxes levied upon the property when private lands are acquired for wildlife management areas at the time title of the property was transferred to the State.  These PILT payments are intended to offset adverse impacts to county property tax revenues that result from such acquisitions.  The DFW has not made PILT payments to the 36 counties in over a decade.

RCRC urges the 36 impacted counties to write Senators Wolk and Nielsen indicating support for SB 1410, copying the co-authors of the bill and appropriate Senator and/ or Assembly Member if they are not currently a co-author of the bill.  The list of the 36 counties and the approximate amount past due can be accessed here. The text of SB 1410 can be accessed here. RCRC’s press release on SB 1410 can be accessed here.

For additional information, please contact RCRC Legislative Advocate Kathy Mannion at 916.447.4806 or kmannion@rcrcnet.org.

RCRC Submits Comments on Frog/Toad Economic Analysis

RCRC submitted comments to the U.S. Fish and Wildlife Service last week on the Economic Analysis of Critical Habitat Designation of the Sierra Nevada yellow-legged frog, the mountain yellow-legged frog, and the Yosemite toad.  RCRC has previously submitted comments on the listing and habitat designation of the three amphibians.  Sixteen of the seventeen counties listed for critical habitat designation are RCRC Member counties. 

The Economic Analysis reviews the cost of the time other federal agencies must take to consult with the wildlife agencies before authorizing activities within critical habitat, and ignores the underlying costs of listing a species under the ESA.  RCRC noted, among other things, that the utilization of the current federal methodology for economic analysis of critical habitat designation denies the Secretary the data needed to determine the real economic impact of critical habitat designation on the citizens and the economy of the seventeen affected counties. 

RCRC’s comment letter can be accessed here.

For additional information, please contact RCRC Legislative Advocate Kathy Mannion at 916.447.4806 or kmannion@rcrcnet.org.

Joint Oversight Hearing Held on Bay Delta Conservation Plan

The Senate Natural Resources and Water Committee and the Assembly Water, Parks and Wildlife Committee held a joint oversight hearing on the Bay Delta Conservation Plan (BDCP) on Tuesday.  Secretary of the Natural Resources Agency John Laird, Director of the Department of Water Resources Mark Cowen, and Director of the Department of Fish and Wildlife (DFW) Chuck Bonham provided the committee members with an update on the BDCP and answered numerous questions.  The current drought plaguing the state was often raised during the hearing. 

Secretary Laird stated that he was committed to have the Delta Counties at the table, and that he was personally meeting with Delta County representatives to this end.  Director Cowen explained that the BDCP is part of the California Water Action Plan, and stated that there is need to refine adaptive management and how assurances for the parties of the BDCP will be defined and/or limited.  Director Bonham explained the role of the DFW and stated that the DFW’s review of the permit applications would be informed by comments made on the BDCP.  In response to a question regarding concerns to the impact on salmon, the Director stated that the BDCP alone will not get us where we need to be to recover the species.   

The second panel included representatives of the Metropolitan Water District of Southern California, Northern California Water Association, the Natural Resources Defense Council, Contra Costa Water District, Westlands Water District, and San Joaquin County.  Perspectives on the BDCP included concerns raised about the potential for flows being required from Northern California water right holders, the potential for fees being imposed on non-beneficiaries, flaws in the modeling being conducted, who will pay for cost overruns, and the lack of investments in levees.

For additional information, please contact RCRC Legislative Advocate Kathy Mannion at 916.447.4806 or kmannion@rcrcnet.org.

Federal Transportation Bill

This week, President Obama outlined his vision for increasing transportation investments, as he proposed a $302 billion, four-year highway, transit, and rail bill.  The President’s proposal, which will be formally released next week as part of the President’s Fiscal Year 2015 Budget proposal, would represent a 38 percent increase in spending over current MAP-21 levels – the existing federal transportation funding program. 

The one-time infusion of $150 billion in additional revenue would come through savings achieved through federal tax reform legislation.  In addition, the U.S. Department of Transportation has released its Notice of Funding Availability for the sixth round of TIGER infrastructure investment grant program.  This highly-competitive grant program will award not less than $120 million in grants to rural areas later this year.

For additional information on federal matters, please contact RCRC Senior Legislative Advocate Paul A. Smith at 916.447.4806 or psmith@rcrcnet.org.

Events/Notices

Statewide Water Bond Hearings Announced

The Assembly Committee on Water, Parks and Wildlife has scheduled additional informational hearings throughout the State to garner the local perspective on the proposed 2014 Water Bond. 

The March hearings will be held as follows:

March 6th: San Joaquin County Board of Supervisors Chambers (Stockton); 1:00 p.m.

March 14th: Monterey Park City Hall Council Chambers (Monterey Park); time TBD

Detailed information on the proposed Water Bond and the series of statewide hearings can be accessed here.

For additional information, please contact RCRC Legislative Analyst Nick Konovaloff at 916.447.4806 or nkonovaloff@rcrcnet.org.

Bay Delta Conservation Plan Comment Period Extended

Late last week, lead State and federal agencies extended the public comment period for the Draft Bay Delta Conservation Plan (BDCP) and the Draft Environmental Impact Review/Environmental Impacts Statement (EIR/EIS) by 60 days. The review period now totals 180 days, closing June 13, 2014. 

This extension allows the public additional time to review and comment on the public draft documents, which can be accessed here. Comments must be received electronically or postmarked on or before June 13, 2014 to be considered. Detailed submission instructions can be accessed here.

For additional information, please contact RCRC Legislative Advocate Kathy Mannion at 916.447.4806 or kmannion@rcrcnet.org.

USFS Planning Rule FACA to Meet Next Week in Sacramento

The National Forest Land Management Planning Rule Federal Advisory Committee (FACA) is scheduled to meet at the Hyatt Regency in Sacramento March 5 – 7, 2014.  The FACA was formed in 2012 to advise the U.S. Secretary of Agriculture and the Chief of the U.S. Forest Service on how to best implement the Planning Rule, and is comprised of 21 representatives from industry and user groups; environmental organizations; conservation organizations; recreation interests; members of the scientific community; State, County, or local elected officials (or designee); Tribal representatives; and other public interests. 

The FACA will be holding a special afternoon session on Wednesday, March 5 to dialog with USFS Region 5 stakeholders on the forest plan updates in progress in the Inyo and Sierra National Forests.  RCRC staff will represent its members at the meeting, and members of the public are welcome to attend the entire meeting either in person or by Webinar.  Detailed information about the FACA, as well as the agenda and instructions on how to sign up for the Webinar can be accessed here.

For additional information, please contact RCRC Regulatory Affairs Advocate Staci Heaton at 916.447.4806 or sheaton@rcrcnet.org.

Temperance Flat Draft Feasibility Report Released for Public Comment

The Bureau of Reclamation (Bureau) has released a Draft Feasibility Report on the Upper San Joaquin River Basin Storage Investigation that examines the potential to construct a new dam and reservoir on the upper San Joaquin River. A Draft Environmental Impact Statement will be prepared later this year for formal public review and comment. 

The location of the potential site of the dam at Temperance Flat is about 25 miles northeast of Fresno. The dam and reservoir would be 665 feet high with a capacity of 1.33 million acre-feet. Written comments are due before midnight Monday, April 21, 2014. The Bureau press release with additional details can be accessed here.

For additional information, please contact RCRC Legislative Advocate Kathy Mannion at 916.447.4806 or kmannion@rcrcnet.org.

Legislative Update: February 21-27, 2014

RCRC members are encouraged to share letters addressed to state and federal representatives and regulatory bodies with RCRC’s Government Affairs staff.

AB 1759 (Pan):  Medi-Cal Reimbursement Rates.  AB 1759 would extend the reimbursement increase for certain Medi-Cal primary care providers, as enacted by the Health Care and Education Reconciliation Act of 2010.  Status:  Pending in the Assembly.  RCRC Position:  Pending. 

AB 1805 (Skinner):  Medi-Cal Reimbursement:  Provider Payments.  AB 1805 would restore the 10 percent cut to Medi-Cal provider rate reductions that were enacted as part of the 2011 State Budget Act.  Status:  Pending in the Assembly.  RCRC Position:  Support.  

AB 2363 (Quirk):  Greenhouse Gases:  Offsets.  AB 2363 would require the ARB to adopt regulations for the generation of offset credits that may be used for forest management activities for the purpose of reducing the risk of wildfires.  Status:  Pending in the Assembly.  RCRC Position:  Support.  

SB 1353 (Nielsen):  Williamson Act.  SB 1353 would delete the January 1, 2016, date and thereby authorize a county to utilize the alternative Williamson Act funding mechanism process for revising or entering into contracts so as to specify 9 or 18 year terms indefinitely.  Status:  Pending in the Senate.  RCRC Position:  Support.

SB 1399 (Galgiani):  Agricultural Seed: County Seed Enforcement Subventions.  SB 1399 would extend the operative date of the county seed enforcement subvention program to July 1, 2019, and would extend the repeal date to January 1, 2020.  Status:  Pending in the Senate.  RCRC Position:  Support.

SB 1429 (Steinberg):  Civil Damages:  Medical Malpractice.  SB 1429 is a “spot bill” that would serve as a vehicle for a legislative compromise on California’s Medical Injury Compensation Reform Act (MICRA).  Status:  Pending in the Senate.  RCRC Position:  Pending.