The Barbed Wire - January 29, 2016

January 29, 2016
Governor Proposes Criminal Justice Sentencing Reforms
SRA Funds Awarded to Tree Mortality Projects
WOTUS Rule Still Roiling in Controversy
BULLETIN BOARD
REGULATORY UPDATE

Governor Proposes Criminal Justice Sentencing Reforms

Earlier this week, Governor Jerry Brown announced that he (in partnership with various criminal justice stakeholder groups) is taking action to amend and advance an initiative that would introduce various juvenile justice and adult sentencing reforms.  

Referred to as The Public Safety and Rehabilitation Act of 2016, the proposed initiative would reform the process for making a determination as to whether a juvenile should be charged in an adult court, expedite parole hearings for potential release of certain adult nonviolent offenders that have served their base sentence, and increase the type and number of credits an individual can earn while incarcerated.  These provisions are anticipated to further the State’s ability to meet the 2009 Federal court order to reduce the prison population to below 137.5 percent of design capacity. 

The Public Safety and Rehabilitation Act of 2016 comes at a time when local governments are still implementing reforms made through Assembly Bill 109 (2011) and Proposition 47 which have shifted and increased responsibility – housing, rehabilitation, drug and mental health treatment – of various nonviolent criminals to local governments. 

RCRC is reviewing the details of the proposed initiative closely in conjunction with our county government partners to better understand the potential impacts on the local criminal justice system.  The Governor’s proposed criminal justice reform proposal can be accessed here

SRA Funds Awarded to Tree Mortality Projects

The California Department of Forestry and Fire Protection (CAL FIRE) has awarded nearly $200,000 in grants from the State Responsibility Area (SRA) Fire Prevention Fund to two projects in Madera County to aid in the removal of dead and dying trees from the current bark beetle infestation plaguing the area.  

The funds have been awarded to the Lakeshore Beach Club Homeowners Association for removal of dead and dying trees around the Lakeshore Park subdivision, and the Yosemite/Sequoia Resource Conservation & Development Council to develop the water and security infrastructure needed at the North Fork Biomass Disposal Facility to build a 10-acre site to store logs at the old mill site in order to help mitigate tree mortality impacts in the Mountain Area.

The newly awarded grants are the first SRA funds awarded for tree mortality mitigation projects, an area in dire need of funding in light of the Governor’s recent emergency proclamation.  Both grants are still pending, contingent on a number of required documents that must be submitted to the State by March 8, 2016.

WOTUS Rule Still Roiling in Controversy

After the Senate failed last week to overturn a veto by President Obama of a Resolution disapproving the rule to redefine Waters of the U.S. (WOTUS), two senators vowed to introduce an amendment to an energy bill that would withdraw the rule and provide specific direction to the Environmental Protection Agency (EPA) and the Corps of Engineers (Corps) for redrafting the rule.  

Senators John Hoeven (R-ND) and John Barrasso (R-WY) will try this week to attach the amendment to a bill (S. 1140) that passed the Senate Environment and Public Works Committee last year but failed to garner the 60 votes necessary to pass the full Senate.  Senator Hoeven has also expressed his intent to again seek a funding ban to implement the rule during consideration of the FY 2017 appropriations bills.  Meanwhile, Senators James Inhofe (R-OK) and Ben Sasse (R-NE) have requested that the Department of Justice investigate possible criminal activity after a Government Accountability Office report concluded that EPA officials inappropriately used federal funds to solicit support for the controversial rule.  The rule was stayed in November 2015 by a federal circuit court pending a decision on which federal courts have jurisdiction to hear at least seven cases filed against the rule.   

BULLETIN BOARD

Ranching Sustainability Assessment Partnership Workshop

The California Grazing Land Conservation Initiative is holding a Ranching Sustainability Assessment Partnership Workshop on February 9, 2016 at the Resources Agency in Sacramento to educate ranchers and agencies about the Ranching Sustainability Self-Assessment program.  Complete details can be accessed here.

OPR Hosts Webinars to Discuss Proposal on Updates to the CEQA Guidelines on Evaluating Transportation Impacts in CEQA

The Governor’s Office of Planning and Research (OPR) will conduct two webinars to discuss its Revised Proposal on Updates to the CEQA Guidelines on Evaluating Transportation Impacts in CEQA.  Implementing Senate Bill 743 (Steinberg; 2013), the revised proposal was released on January 20, 2016 with comments due February 29, 2016.  The webinars are scheduled on February 1st and 9th from 3-5 p.m., and registration for each webinar is limited to 500 participants.  A recording for each webinar will be available on OPRs website following the presentation.  Registration for only one webinar is requested.   

February 1

February 9

Additional information regarding the revised proposal can be accessed here.

Prop 1 IRWM Draft Guidelines Released for Comment; Workshops Scheduled

Click here

Strategic Growth Council Hosts 2015-16 Affordable Housing and Sustainable Communities Workshops

Click here

RCRC Hosting Lead Agency Review and Assistance (LARA) Program Workshop

Click 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.  

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

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: Draft available for public comment, comment date extended to February 3, 2016.  Proposed regulatory language and related documents can be downloaded here.  RCRC Comments:  RCRC is seeking member county input.  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 downloaded hereRCRC Comments:  RCRC is seeking member county input.  RCRC Advocate: Staci Heaton sheaton@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.