The Barbed Wire - July 15, 2016

July 15, 2016
RCRC’s 2016 Annual Meeting – REGISTER TODAY!!!
Despite Legal Challenges, Administration Plans to Extend AB 32 Cap-and-Trade Program
Resources Agency Releases Strategy to Save the Delta Smelt
CPUC Hosts North State Public Hearings
House Tackles FY 17 Interior/EPA Spending Measure
GMO Bill Heads to the President
FAA Extension
House Subcommittee Discusses Drought
Opioid Legislation Passes Congress
KEEPING UP
BULLETIN BOARD
LEGISLATIVE UPDATE

RCRC’s 2016 Annual Meeting – REGISTER TODAY!!!

RCRC’s 2016 Annual Meeting will be held September 28-30 at the Resort at Squaw Creek in Placer County.  This year’s program will feature experts discussing a wide range of topics of interest to rural counties including:

In Insider’s Perspective on the U.S. Supreme Court;

Implementation of a Medical Marijuana Regulatory Scheme in California;

Expert Commentary on the Current Political Landscape; and,

Navigating the Foster Care System.

To register for RCRC’s 2016 Annual Meeting, click here.

Despite Legal Challenges, Administration Plans to Extend AB 32 Cap-and-Trade Program

The California Air Resources Board (ARB) has released a preliminary draft proposal to extend the State’s controversial Cap-and-Trade Program (Program) beyond its original 2020 sunset date to 2050, and to also broaden the program by linking with Ontario, Canada and expanding the market in which capped industries can trade.  The proposal has been released despite ongoing legal challenges from industry on whether the Program represents an unconstitutional tax, and also in the wake of the most recent Cap-and-Trade auction in April which yielded a disappointing 2 percent of the expected revenue.  The State Legislature has also expressed its doubts about the effectiveness of the Program, failing to allocate 40 percent of the available Cap-and-Trade revenues in the 2015-16 State Budget, and again waiting to make those decisions for the 2016-17 State Budget until later this summer.  

While revenues from the Program could provide valuable funding for greenhouse gas emissions reductions programs around the State, which was the statutory purpose for the funds, many feel that the funds have thus far been dedicated to projects that do not achieve the greatest climate change benefits for the State.  Rural forested communities have also been largely left out of funding allocations, as auction revenues have generally been spent in heavily urbanized areas or areas with heavy criteria pollutant burdens.  The Administration’s intent to continue the Program has been clear, however, even in light of the ongoing controversy.

The ARB is not yet taking public comment on the proposal, but expects to release a formal draft regulatory package on July 19.  The preliminary draft proposal can be accessed here.

Resources Agency Releases Strategy to Save the Delta Smelt

The California Natural Resources Agency has recently released their Delta Smelt Resiliency Strategy (Strategy). The Strategy proposes near-term management actions that would address predation, turbidity, food availability and quality. The Strategy can be accessed here

CPUC Hosts North State Public Hearings

The California Public Utilities Commission (CPUC) is hosting two hearings in the North State to receive public comment on the California LifeLine Program and Rural Call Completion and Access investigation.  The CPUC will be looking for public comments regarding how the LifeLine Program is working for low-income residents and how the issue of call completion failures have impacted rural communities, with an additional emphasis on 911 and other emergency services.  The first hearing is scheduled in Happy Camp, CA on Saturday, July 16 and the second hearing is scheduled in Eureka, CA on Monday, July 18.  Additional information on the Happy Camp, CA hearing can be accessed here and additional information on the Eureka, CA hearing can be accessed here

House Tackles FY 17 Interior/EPA Spending Measure

This week, the House passed the $32.1 billion FY 17 Interior Department and EPA spending bill (H.R. 5538).  The House debated 131 amendments proposed to the measure before a vote on final passage.  The White House has threatened to veto the bill in objection to various “policy riders” targeting the Obama administration’s regulations on greenhouse gas emissions, federal lands management, oil and gas production, and Waters of the United States.  Among the riders, the bill would prevent the President from naming national monuments using the Antiquities Act of 1906. 

One of the key provisions contained in the bill is funding for the Federal Payment In Lieu of Taxes (PILT) program, at roughly $480 million.  Federal PILT provides federal payments to local governments in order to help offset losses in property taxes due to nontaxable federal lands within local governments' boundaries.  California’s counties receive approximately $40 million in Federal PILT to fund various activities, including firefighting and policy protection, and search and rescue operations.  Additionally, H.R. 5538 fully-funds fire-fighting account for the U.S. Forest Service.  However, unlike provisions contained in the spending bill last year, there are no additional funds to address the issue of “fire-borrowing.” 

Debate on the measure began Tuesday with a series of amendments offered by Rep. Jerry McNerney (D-CA) that would have removed language to address California's ongoing drought by increasing water deliveries through targeting the management of fish in the Sacramento-San Joaquin River Delta and tributaries.  The language contained in the final bill is a modified version of the House California GOP-backed water bill sponsored by Rep. David Valadao (R-CA) (H.R. 2898).  H.R. 5538 is the third bill that the House has taken up that has contain portions of the Valadao measure. The McNerney amendments failed on mostly a party line vote.

GMO Bill Heads to the President

This week, the House passed S. 764 authored by Senate Agriculture Chairman Pat Roberts (R-Kansas) and Representative Debbie Stabenow, (D-Michigan) which, as amended July 7, 2016, establishes a national GMO (genetically modified organisms) labeling standard for genetically modified foods.  The bill now heads to the President who is expected to sign it.  The bill overrides existing state laws as well as barring state and local governments from passing future mandatory labeling laws for genetically modified food products.

The bill directs the U.S. Department of Agriculture (USDA) to establish a process for disclosure of foods and ingredients produced through biotech genetic modification.  Small food manufacturers, would be able to direct consumers to websites or telephone numbers for the necessary information.

The bill provides three options to large companies for informing consumers if they are purchasing a GMO food product: 1. On-label information, 2. A symbol to be developed by USDA 3.  Bar codes or other digital means that consumers can scan with smart phones.

The bill can be accessed here.

FAA Extension

This week, the House and Senate passed an authorization extension for the Federal Aviation Administration.   The bill provides a long-term extension of the authorization of FAA’s programs and taxes through September 30, 2017 at current funding levels.  The extension contains policy provisions to address drones, pilot standards and training, air traffic control staffing, aviation security addressing TSA wait times, and consumer protections.  FAA’s authority would have expired Friday, July, 15, 2016 without an extension.

House Subcommittee Discusses Drought

This week, the House Natural Resources Subcommittee on Water and Power held a hearing to discuss drought impacts on water deliveries to Central Valley contractors and farmers.  The Subcommittee is dominated by representatives from California, 9 of the Subcommittee’s 22 members are from the state.  The hearing’s main focus was on water releases from Northern California dams for environmental purposes.  

Bureau of Reclamation releases cold water from upstream dams to help stabilize fish habitat in the Delta.  This process has routinely occurred for the past several summers in order to voluntarily comply with the Biological Opinions for salmon and smelt.  Subcommittee Republicans were insistent that federal policy of water releases needs to change since the smelt and salmon have failed to recover over the past decade.  Republicans instead have offered alternatives such as habitat restoration, predator intervention, better real-time management of the water pumps, and more storage.  Democrats believe the water releases are key to the species’ survival.  Bureau of Reclamation and U.S. Fish and Wildlife Service also defended the policy of voluntary water releases. 

In the larger picture of Congress addressing the drought, drought legislation may finally be negotiated between the House and the Senate as both chambers have agreed to go to conference over energy legislation which includes House-passed drought relief measures including that of Representative David Valadao (R-CA).

Opioid Legislation Passes Congress

This week, Congress passed legislation, the Comprehensive Addiction and Recovery Act, to help address the national epidemic of opioid abuse.  The bill does not provide new funding but does create several new grant programs under Department of Justice and Department of Health and Human Services to fight opioid abuse and addictions.  Key provisions in the legislation include increased medication-assisted treatments, further access to naloxone (an opioid overdose-reversing drug), and additional educational opportunities on opioid abuse.  The White House released a statement saying the president plans to sign the bill into law.

KEEPING UP

State Senator Sharon Runner Has Died

Click here

BULLETIN BOARD

DWR Turns 60

This year, the Department of Water Resources turns 60.  As such, the most recent edition of DWR Magazine takes a look back in history to 1956 when the department was established.  The DWR Magazine can be accessed here.

Department of Water Resources and Local Groundwater Mo nitoring Partnership Continues to Improve

Click here

LEGISLATIVE UPDATE

The Legislature adjourned for Summer Recess on Friday, July 1, 2016.  The Legislature will reconvene on Monday, August 1, 2016 to wrap up the 2016-17 Legislative Session at the end of August.