The Barbed Wire - July 10, 2015

July 10, 2015
RCRC’s 2015 Annual Meeting – Registration Open!!!
California WaterFix Partially Recirculated EIR/EIS Released For Public Comment
Water Conservation Pricing Workshop
State Legislature Begins Work in Transportation Special Sessions
House Passes Forest Management Bill
House Natural Resources Committee Passes Drought Legislation
House Pulls Interior-Environment Appropriations Bill from the Floor
Senate to Take Up Federal Highway Funding Measure
BULLETIN BOARD
LEGISLATIVE UPDATE

RCRC’s 2015 Annual Meeting – Registration Open!!!

RCRC’s 2015 Annual Meeting will be held September 23-25 at the Lake Tahoe Resort Hotel in El Dorado County.  This year’s program will feature experts discussing a wide range of topics of interest to rural counties including:

  • Water in California - What the Future Holds;
  • The Hidden World of Human Trafficking in California's Rural Counties;
  • What on Earth? The Environmental Impacts of Marijuana Cultivation;
  • Bracing for the Upcoming Political Season;
  • The Future of Federal Land Payments; and,
  • From Vaccines to Vaping – How Public Health Impacts Our Daily Lives.

To register for RCRC’s 2015 Annual Meeting or to access the current program, click here.

California WaterFix Partially Recirculated EIR/EIS Released For Public Comment

On Thursday, the Bureau of Reclamation (Bureau) and the California Department of Water Resources (DWR) released for public review a joint Partially Recirculated Draft Environmental Impact Report (EIR)/Supplemental Draft Environmental Impact Statement (EIS) on the Bay Delta Conservation Plan/California WaterFix.  The public comment period ends Monday, August 31, 2015.  

The document describes changes made to what was previously known as the Bay Delta Conservation Plan (BDCP), now known as California WaterFix.  Based on project revisions and in consideration of comments received, state and federal agencies announced in April 2015 a change in their approach to seeking a permit for the project to build twin tunnels to move water south of the Delta.  Rather than pursue the project as a Habitat Conservation Plan (HCP) under Section 10 of the Endangered Species Act (ESA), and a Natural Community Conservation Plan (NCCP) under the State’s Natural Community Conservation Planning Act, state and federal agencies have chosen to study additional alternatives for new water conveyance facilities to be built in compliance with Section 7 of the ESA, and Section 2018(b) of the California ESA.

A fact sheet and answers to frequently asked questions can be accessed here, and here.

The draft document released for public review includes analysis of three new sub-alternatives, as well as additional analysis and refinement of the previous draft environmental document.  The State proposes to restore more than 30,000 acres of Delta habitat separately through California EcoRestore.  The restoration will be implemented on an accelerated timeline independent of the proposed water conveyance facilities.

DWR and the Bureau have both identified sub-alternative 4A (California WaterFix) as their preferred alternative.  This alternative would consist of a water conveyance facility with three intakes on the Sacramento River north of Courtland, and actions necessary to minimize or avoid project effects.

The Bureau and DWR are lead federal and state agencies, respectively, for NEPA and the California Environmental Quality Act.  The RDEIR/SDEIS and details on two upcoming public meetings can be accessed here.

Water Conservation Pricing Workshop

On Wednesday, the State Water Resources Control Board (State Water Board) held a day-long workshop to examine ways water agencies can adopt best practices and avoid potential pitfalls when developing water pricing models that encourage conservation, and comply with Proposition 218.  

On April 1, 2015, Governor Jerry Brown issued an emergency executive order on the drought that directed the State Water Board to promote water conservation pricing mechanisms.  Members of the State Water Board heard from several panels of speakers who talked about the state and local systems of water financing.  Lester Snow, executive director of the California Water Foundation, advocated for a statewide water fee as well as reform of Proposition 218.  Other speakers included Ellen Hanak,  Public Policy Institute of California, who said that the recent San Juan Capistrano decision that struck down that city’s tiered water pricing structure violated Proposition 218, and gave the impression that water pricing is a “precise science” when it is in fact somewhat complicated.  Also testifying was Dave Bolland, Association of California Water Agencies, who stated that every local water agency has unique circumstances that come into play in its pricing of water.

The workshop was informational and the State Water Board took no action.

State Legislature Begins Work in Transportation Special Sessions

The State Senate Transportation and Infrastructure Committee and the Assembly Transportation and Housing Committee have convened their first respective hearings on transportation.  These hearings come days after Governor Brown proclaimed a Special Session on Transportation to address the funding needs of California’s transportation network.  

The hearings provided background on how California’s state and local transportation systems are financed.  Committee members heard from state and local transportation leaders with respect to their transportation funding needs and priorities, including reports of an estimated $8 billion annual gap in funding just to address the maintenance needs of local streets and roads.  The Senate and Assembly will continue discussions over how to address the needs of the state and local transportation systems, and meet with transportation stakeholders in an effort to gain feedback to draft funding proposals. 

RCRC will continue to engage with other transportation stakeholders to discuss strategy for securing additional transportation revenues, and will support advocacy efforts over the coming weeks.  Several weeks ago, the RCRC Board of Directors voted to support Senate Bill 16 (Beall) which provides much-needed monies to address the maintenance backlog for state highways and the local road systems.

House Passes Forest Management Bill

On Thursday evening, the House of Representatives passed the “Resilient Federal Forests Act of 2015 (HR 2647) introduced by Rep. Bruce Westerman (R-AR) by a vote of 262-167.  19 Democrats voted for the bill including California Members Reps. Bera, Costa, and Garamendi.  

The measure would expand categorical exclusions under the National Environmental Protection Act for forest activities, such as salvage after wildfire and forest preservation, for plots of federal land up to 15,000 acres.  The bill would also allow local governments to use Title 3 funds under the Secure Rural Schools program for police and fire training related to activities on federal lands.  Local government jurisdictions are often times the only responders to incidents relating to routine public safety calls and search and rescue missions.  Days before the bill was scheduled for floor action, Republican leadership included a provision on wildfire disaster funding in an effort to garner more support.  The wildfire disaster language in the bill allows the U.S. Forest Service and U.S. Department of Agriculture to access disaster relief funds after the annually appropriated funds have been fully expended.  This new funding mechanism would help prevent the recent budget phenomenon known as “fire borrowing,” a process in which federal firefighting agencies use funds appropriated specifically for prevention and restoration to fund wildfire suppression.  While HR 2647 passed the House on Thursday, its future in the Senate is far from certain.  Democratic lawmakers in the upper chamber have already expressed their concerns about the environmental provisions.  RCRC and CSAC submitted joint comments earlier this week supporting specific provisions of the measure.

House Natural Resources Committee Passes Drought Legislation

House Republicans' latest effort to free up water for California farmers and communities was approved this week by the House Natural Resources Committee.  

Rep. Jim Costa (D-CA) from the Central Valley was the only Democrat to vote for the bill.  The drought measure, H.R. 2898, would loosen environmental restrictions on the amount of water that can be pumped from the Sacramento-San Joaquin River Valley Delta to parched agricultural communities in the Central Valley and municipalities farther south.  It would also grease the skids for new water storage projects across the West, requiring that the federal government finish studies on certain projects that have been discussed for years, and streamlining review and permitting processes for future projects.  Supporters of the bill state that it would rebalance water policies in California that have been harmfully skewed by endangered species protections. 

Natural Resources Chairman Rob Bishop (R-UT) called the bill "a creative solution" to the West's water needs.  But Democrats, including Sen. Dianne Feinstein, who is leading Senate efforts on California drought legislation, have argued that the measure would undercut important endangered species protections.  Assuming the bill passes the House as expected later this month, at least six Democratic senators would have to join all Republicans to garner enough votes for consideration by the full Senate.

House Pulls Interior-Environment Appropriations Bill from the Floor

The House was scheduled to vote on passage of the FY16 Interior and the Environment Appropriations bill on Thursday, but Republican leadership abruptly pulled the bill from the floor because of an amendment that was offered to the bill that would allow Confederate flags to be displayed on cemeteries on federal land.  

Due to the recent movement in some southern states to remove the Confederate flag in light of the tragedy in Charleston, this amendment was highly controversial and resulted in many Members speaking out against it on the floor.  It is unclear at this time when the Interior bill will be brought back to the House floor for consideration. 

Senate to Take Up Federal Highway Funding Measure

U. S. Senate Majority Leader Mitch McConnell (R-Kentucky) has announced that the U.S. Senate will consider legislation to fund the Highway Trust Fund (HTF) next week.  The Majority Leader has been non-committal on just how much funding is available for the program, and on whether or not this will be a long-term reauthorization bill or another short-term extension.  

Admittedly, Majority Leader McConnell acknowledged that finding enough funding for a six-year transportation bill as proposed by the Senate Environment and Public Works Committee’s Developing a Reliable and Innovative Vision for the Economy (DRIVE) Act would be difficult.  While much of the discussion over the length of the measure remains speculation, Congressional insiders continue to believe that there will be an adoption of an 18-month bill to fund the Highway Trust Fund through the end of 2017.  At the time of this writing, it remains unclear if the bill will simply extend HTF funding or also include the DRIVE Act.  The House of Representatives has not set a timetable for its consideration of highway legislation, and Congress must act to pass an extension by July 31, 2015 to prevent a shortfall in the Highway Trust Fund. 

BULLETIN BOARD

GO-Biz Statewide California Competes Workshops

Click here

Sierra Nevada Conservancy Proposition 1 Grant Program

Click here

USDA Energy Biomass Retrieval Incentives in Effect

Click here

CDBG Annual Performance Report & Section 3 Webinar

Click here

LEGISLATIVE UPDATE

RCRC members are encouraged to share letters addressed to state and federal representatives and regulatory bodies with RCRC’s Government Affairs staff.  Click “Read More” to access information related to the current status of legislation impacting California’s rural counties.  

AB 57 (Quirk) Telecommunications: Wireless Telecommunication Facilities:  Assembly Bill 57 would establish “deemed granted” approval for all wireless telecommunication facilities siting and collocation applications when a local government fails to meet the Federal Communications Commission’s “Shot Clock Rule.”  Status:  AB 57 awaits a hearing in the Senate Governance and Finance Committee.  RCRC Position:  Oppose

AB 243 (Wood) Medical Marijuana Cultivation:  Assembly Bill 243 would address various factors concerning the cultivation of medical marijuana, including environmental health and enforcement issues.  Status:  AB 243 gained passage in the Senate Governance & Finance Committee and awaits consideration in the Senate Environmental Quality Committee.  RCRC Position:  Support if Amended

AB 266 (Bonta) Medical Marijuana:  Assembly Bill 266 would establish a statewide regulatory, licensing, and enforcement framework for medical marijuana.  Status:  AB 266 awaits consideration in both the Senate Health Committee and the Senate Governance and Finance Committee.  RCRC Position:  Support if Amended

AB 323 (Olsen): California Environmental Quality Act: Exemption: Roadway Improvement.  Assembly Bill 323 would extend the sunset, until January 1, 2020, on an exemption from the California Environmental Quality Act for projects to repair, maintain, and make minor alterations to existing roadways, provided the project is carried out by a city or county with a population of less than 100,000, to improve public safety and meets other specified conditions.  Status: Signed into law by the Governor.  RCRC Position: Support

AB 325 (Wood): Community Development Block Grant Program: Funds.  Assembly Bill 325 would require the Department of Housing and Community Development (HCD) to respond to completed Community Development Block Grant applications within 60 days, and if the applicant is denied by the state agency, requires HCD to list the reasons for denial and what steps need to be taken for approval.  Status:  Gained passage in the Senate Transportation and Housing Committee.  RCRC Position: Support

AB 327 (Gordon): Public Works: Volunteers.  Assembly Bill 327 would extend the sunset set to expire January 1, 2017 until January 1, 2024 extending the exemption from the definition of “public works” for any work performed by a volunteer, a volunteer coordinator, or by members of the California Conservation Corps or certified Community Conservation Corps.  Status: Signed into law by the Governor.  RCRC Position: Support

AB 390 (Cooper): Criminal Law: DNA Evidence:  Assembly Bill 390 would restore the ability of government officials to collect DNA samples from adult offenders convicted of offenses that were recently converted from felonies to misdemeanors.  Status:  AB 390 was amended and re-referred to the Senate Public Safety Committee.  RCRC Position:  Support

AB 1104 (Rodriguez) Search Warrants:  Assembly Bill 1104 would clarify existing statute regarding the circumstances for issuing a search warrant for possession of a controlled substance.  Status:  AB 1104 gained passage in both the Assembly and Senate, and awaits the Governor’s consideration.  RCRC Position:  Support

AB 1262 (Wood) Telecommunications: Universal Service:  Assembly Bill 1262 would provide monies within the California Advanced Services Fund to support regional broadband deployment and expansion.  Status:  AB 1262 awaits consideration on the Senate Floor.  RCRC Position:  Support

AB 1347 (Chiu) Public Contracts Claims:  Assembly Bill 1347 would make various revisions to the claims resolution process that would require non-binding mediation to resolve a dispute on all public contracts.  Status:  AB 1347 awaits consideration in the Senate Appropriations Committee.  RCRC Position:  Oppose

AB 1436 (Burke): In-Home Supportive Services (IHSS): Authorized Representative.  Assembly Bill 1436 would permit all In-Home Supportive Services (IHSS) applicants and recipients to designate an authorized representative to accompany, assist, or represent an applicant in the application process, or a recipient in the direction of services, and eligibility redetermination process.  Status: Placed on Suspense in the Senate Appropriations Suspense File.  RCRC Position: Support

SB 321 (Beall): Motor Vehicle Fuel Taxes: Rates: Adjustments:  Senate Bill 321 would revise the process used by the Board of Equalization for adjusting the price-based excise tax rate on motor vehicle fuels.  Status:  SB 321 awaits consideration in the Assembly Revenue and Taxation Committee.  RCRC Position:  Support

SB 326 (Beall) Courts: Penalties: Emergency Services Funding:  Senate Bill 326 would extend the Emergency Medical Air Transportation Act to ensure that rural communities have access to life-saving care for both residents and tourists.  Status:  SB 326 awaits final consideration in the Assembly Appropriations Committee.  RCRC Position:  Support

SB 643 (McGuire) Medical Marijuana:  Senate Bill 643 would establish a state regulatory and licensing framework for medical marijuana.  Status:  SB 643 awaits consideration in the Assembly Health Committee.  RCRC Position:  Pending