The Barbed Wire - July 17, 2015

July 17, 2015
RCRC’s 2015 Annual Meeting – Registration Open!!!
California Water Commission Adopts Updated State Model Water Efficient Landscape Ordinance for Cities and Counties
Drought Emergency Services Hearing
State Water Board Reissues Water Supply Notices
ARB Announces Cap-and-Trade Investment Plan Workshops
Efforts to Reform Surface Mining Rules Progress
Caltrans Issues ATP Call for Nominations
With Deadline Approaching, Congress Moves on Highway Trust Fund
Drought Bill Passes House of Representatives
Senate Republicans Press EPA for Legal Basis for WOTUS Rule
Senate Subcommittee Reviews Forest Management
BULLETIN BOARD
LEGISLATIVE UPDATE
REGULATORY 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 Water Commission Adopts Updated State Model Water Efficient Landscape Ordinance for Cities and Counties

This week, the California Water Commission adopted the updated State Model Water Efficient Landscape Ordinance per the Governor’s Executive Order, B-29-15.  The Executive Order calls for revising the model ordinance for cities and counties to increase water efficiency standards for new and retrofitted landscapes through more efficient irrigation systems and other means, as well as limiting the portion of landscapes that can be covered in turf.  

The Executive Order also requires reporting on the implementation and enforcement of local ordinances, with required reports due by December 31, 2015.

The Water Conservation in Landscaping Act of 2006 (Assembly Bill 1881 (Laird)) required cities and counties to adopt landscape water conservation ordinances by January 1, 2010.  At that time, the Department of Water Resources prepared a Model Water Efficient Landscape Ordinance for use by local agencies.  The original model ordinance was approved by the Office of Administrative Law on September 10, 2009, and became effective immediately.

The updated State Model Water Efficient Landscape Ordinance and the Governor’s Executive Order can be accessed here.

Drought Emergency Services Hearing

The Assembly Accountability and Administrative Review Committee held an informational hearing on Wednesday titled “Drought Emergency Services: Protecting Our Most Vulnerable Communities.”  The purpose of the hearing was to inform the Legislature of the services provided for those families and individuals in California who find their source of water compromised, their wells gone dry, or their ability to obtain clean reliable water at risk.  

The first panel featured Eric Lamoureux, Regional Administrator, Inland Region, California Governor's Office of Emergency Services (OES), and Charles Rabamad, Assistant Director, Recovery Section, OES.  The panel described OES’ outreach efforts and the programs underway to provide bottled water, community showers, and water tanks to households in need.  The panel also explained the agency coordination taking place with counties, the Department of Social Services which provides food to local food banks, as well as upcoming relocation assistance that will be provided as a last resort by the Department of Housing and Community Development for renters of homes without water.

The local perspective was represented on the second panel by Denise England, Water Resources Program Manager, Tulare County, Jeff Taber, Deputy Director, Kings County Division of Environmental Health Services, Paul Boyer, Director of Community Development, Self-Help Enterprises, Ryan Jensen, Community Organizer, Community Water Center, Visalia, and Eric Osterling, Program Manager, Kings Basin Water Authority.  Ms. England discussed the number of dry wells in Tulare County and the activities of the county to enact short and long-term solutions.  England noted that 60 percent of well failures in Tulare impact rental property, and further explained the issues involved in securing source water. Mr. Boyer discussed the activities that Self-Help Enterprises has undertaken on multiple fronts to assist in drought efforts.  This assistance ranges from funding to deepen wells, to distributing water conservation kits.   Mr. Jensen identified some of the impediments facing individuals qualifying for funding assistance.  Mr. Taber discussed Kings County efforts to plan ahead to address multiple issues, but noted that there was not always an identified funding source to fund what is needed.  Mr. Osterling described the actions taken in the Kings Basin, and suggested that local planning efforts should include in the future a water supply/groundwater vulnerability analysis similar to what is being done to address climate change.       

The Committee background paper can be accessed here.

State Water Board Reissues Water Supply Notices

After a recent court ruling, this week the State Water Resources Control Board (State Water Board) partially rescinded and reissued water supply availability notices to more than 4,600 holders of junior and senior water rights to clarify that while previous notices were only advisory, diverting water where none is legally available could result in significant penalties.  

The State Water Board press release and relevant background documents, including the revised notice and a questions and answers document can be accessed here.

ARB Announces Cap-and-Trade Investment Plan Workshops

The California Air Resources Board (ARB) has announced a series of public workshops to give an overview of the Draft Concept Paper for the Cap-and-Trade Auction Proceeds Second Investment Plan, as well as to receive additional public comment on the Draft Funding Guidelines for Agencies Administering California Climate Investments. 

Workshops will be held during the first two weeks of August in Sacramento, Fresno, Oroville, Oakland, Fontana, Los Angeles, and San Diego.  The Investment Plan will prioritize how the State will spend Greenhouse Gas Reduction Fund monies over the next three years, while the Guidelines direct state agencies on how to administer the funds via grant programs.

A draft version of the Guidelines was previously released to the public in June with a July 29, 2015 comment deadline, with staff expecting to release another draft, conduct a second public comment period, and submit to the Board for approval at its July 23, 2015 meeting.  After many stakeholders commented that the timeframe was too short for meaningful public input, ARB decided to extend the initial comment period to August 14, 2015, and delay Board adoption until its September meeting.  ARB has yet to release a draft of the Investment Plan, but expects to have a concept paper out for public review by July 24.

Information on the Investment Plan, including the draft concept paper, Guidelines, and workshop locations will be posted to ARB’s website as it becomes available.  ARB’s Cap-and-Trade website can be accessed here.  

Efforts to Reform Surface Mining Rules Progress

This week, Senate Bill 209 by Fran Pavley (D-Agoura Hills) was heard in the Assembly Natural Resources Committee, of which she serves as Chair, and Assembly Bill 1142 by Assembly Member Adam Gray (D-Merced) was heard in the Senate Natural Resources and Water Committee.  The two measures have been running in parallel since the beginning of the legislative session, and both seek to make changes to the Surface Mining and Reclamation Act of 1975 (SMARA).  

Though both authors committed to continue working with local government stakeholders to reach consensus on their respective measures, Assembly Member Gray reached out to RCRC and the mining industry early in the process garnering support for AB 1142 from both RCRC and industry interests, while SB 209 was supported by the environmental community, and received an “Oppose Unless Amended” position from RCRC. 

On a separate track to the two legislative measures, Governor Jerry Brown’s Administration also sought to address SMARA during this legislative year, and RCRC staff, along with numerous other stakeholders and key agency staff from both Departments of Conservation and Resources have met in a working group since March 2015, culminating in language that has been adopted, in parts, into both AB 1142 and SB 209. 

Based upon recent amendments taken into SB 209, RCRC was able to adopt a “Support if Amended” position.  RCRC proposes that the author further clarify which individuals are permitted to perform inspections under certain circumstances; even though the bill has been dramatically improved as to this issue.

Both measures now move onto their respective houses’ Appropriations Committees to address the fiscal considerations.  Since both measures address similar considerations of law, and overlapping code sections, the authors will need to work together to determine which measures will include which components prior to the measures reaching the Governor’s desk to avoid “chaptering out” problems, an issue that occurs when two bills are signed that address the same code section.

Caltrans Issues ATP Call for Nominations

The California Department of Transportation (Caltrans) and the California Transportation Commission have issued a joint call for nominations to fill positions on the recently formed Active Transportation Program (ATP) Technical Advisory Committee (TAC).  The goal of the ATP TAC will help provide guidance and recommendations over program design and continuous improvement.  

The ATP program was adopted in 2013 through Senate Bill 99, which consolidated several state and federal transportation programs that support active transportation, including the Transportation Alternatives Program, Recreational Trails, and Safe Routes to Schools programs. 

Additional details on the ATP call for nominations can be accessed here.  Questions can be directed to Ted Davini at (916) 653-4335 or ted.davini@dot.ca.gov

With Deadline Approaching, Congress Moves on Highway Trust Fund

On Wednesday, the House of Representatives approved legislation that will provide $8 billion to keep the Highway Trust Fund (HTF) solvent until mid-December.  The legislation is paid for through various tax compliance measures, as well as the extension of certain TSA fees that are currently scheduled to expire in 2024.  

The House measure is simply a funding extension and does not contain any policy provisions.

Senate Majority Leader Mitch McConnell (R-Kentucky) has stated his opposition to a short-term extension, and hopes to enact a long-term highway bill prior to July 31, 2015 when the HTF will become insolvent.  The Majority Leader has proposed a series of provisions to pay for the bill, and the length of the bill will largely depend on how many of these “pay-fors” Senators agree to.  Several of these measures, such as changes to federal employee retirement benefits, and the selling of oil from the Strategic Petroleum Reserve Fund, have been criticized by Senators on both sides of the aisle.  Senator McConnell has begun taking the procedural steps necessary to begin considering the bill next week.  Unlike the House bill, the Senate bill will likely include policy provisions related to highway, transit, and rail policy.

Drought Bill Passes House of Representatives

This week, the House of Representatives passed the “Western Water and American Food Security Act of 2015” (HR 2898), introduced by Rep. David Valadao (R-CA).  The bill passed by a vote of 245-176.  

All Republican Members of the California Congressional Delegation voted for the bill, as well as Democratic Member Jim Costa.  The bill would loosen environmental restrictions on how much water can be pumped from the Sacramento-San Joaquin River Delta to agricultural communities in the Central Valley, and municipalities farther south.  The bill would also repeal the San Joaquin River Restoration Settlement Act, require the federal government to finish studies on certain water storage projects, and streamline review and permitting processes for future projects.  Now that the bill has passed the House, all eyes are on Senator Dianne Feinstein to see how much of the House bill she will put into her drought bill.  On Tuesday, the White House issued an official statement saying it strongly opposed the bill and would veto it if presented to the President in its current form. 

Senate Republicans Press EPA for Legal Basis for WOTUS Rule

This week, 11 Senate Republicans sent a letter to Environmental Protection Agency (EPA) Administrator Gina McCarthy asking EPA to provide a legal explanation for the Waters of the U.S. rule.  

The letter states that the EPA has not responded to a request from the Environment and Public Works Committee regarding a legal opinion explaining EPA’s legal rationale for the rule to revise the regulatory definition of the term Waters of the U.S.  The letter asks for EPA to respond to this request within 30 days.  

Senate Subcommittee Reviews Forest Management

The Senate Energy and Natural Resource’s Subcommittee on Public Lands, Forests and Mining held a hearing today to discuss several forest management bills including the “National Forest Ecosystem Improvement Act” (S. 1691) introduced by Senator Barrasso (R-WY).  

The bill would expedite and prioritize forest management activities to restore forest health, decrease wildfires, and support rural communities.  During the hearing, several Senators indicated that much more work needs to be done on our Nation’s forests.  Additionally, they raised concerns that litigation and endangered species designations have hurt rural communities who rely on forest production.  The lack of forest management has led to a more susceptible environment to catastrophic wildfires, resulting in a need for forest policy reform and the implementation of additional preventative wildfire measures.

BULLETIN BOARD

CFCC Announces Free Funding Fairs

Click here

Draft Groundwater Sustainability Plan Regulations: Informational Meeting and Webcast

Click here

Basin Boundary Regulations Public Comment Period Opens

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.  

July 17 is the legislative deadline for all Fiscal and Non-Fiscal Bills to be out of their second-house policy committees. Fiscal Bills are headed to Appropriations, while Non-Fiscal Bills will go to the Floor for a vote.

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 Environmental Quality Committee and awaits consideration in the Senate Appropriations 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 gained passage in both the Senate Health and Senate Governance and Finance Committees and awaits consideration in the Senate Appropriations Committee.  RCRC Position:  Support if Amended

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 granted reconsideration in the Senate Public Safety Committee.  RCRC Position:  Support

AB 453 (Bigelow): Groundwater Management.  Assembly Bill 453 would allow an existing groundwater management plan to be amended until a Groundwater Sustainability Plan (GSP) is adopted under the Sustainable Groundwater Management Act (SGMA).  AB 453 would also allow a local agency to impose fees and collect groundwater extraction information for developing and adopting a revised groundwater management plan.  Status: Gained passage in the Senate Natural Resources and Water Committee.  RCRC Position: Support

AB 896 (Wagner) Counties: Search or Rescue: Costs:  Assembly Bill 896 would authorize a county to seek reimbursement for costs incurred for any extraordinary methods used in search and rescue operations from a resident within their jurisdiction.  Status:  AB 896 gained passage in Senate Governance and Finance Committee and awaits consideration on the Senate Floor.  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 was signed by the Governor.  RCRC Position:  Support

AB 1119 (Rendon) Public Utilities: Rights of Way:  Assembly Bill 1119 would counties the same authority granted to cities to challenge a utility project located in the unincorporated portion of the county.  Status:  AB 1119 awaits final consideration on the Senate Floor.  RCRC Position:  Support

AB 1142 (Gray): Mining and Geology: Surface Mining.  Assembly Bill 1142 would modify the Surface Mining and Reclamation Act of 1975 (SMARA).  Status: Gained passage in the Senate Natural Resources and Water Committee.  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 final consideration on the Senate Floor.  RCRC Position:  Support

AB 1390 (Alejo): Groundwater: Adjudication.  Assembly Bill 1390, as amended, would streamline procedures used in a legal action to obtain a basin-wide adjudication of groundwater rights.  Among the issues of concern to counties include the due process questions raised by the utilization of property tax bills to provide legal notice to landowners, county liability from the use of the tax rolls, and county involvement in sending these legal notices in property tax bills.  Status: Gained passage in the Senate Judiciary Committee.  RCRC Position: Oppose Unless Amended

SB 209 (Pavley): Surface Mining: Inspections: Financial Assurances: Reclamation Plans.  Senate Bill 209 would modify the Surface Mining and Reclamation Act of 1975 (SMARA).  Status: Gained passage in the Assembly Natural Resources Committee.  RCRC Position: Support if Amended

SB 239 (Hertzberg): Local Services: Contracts: Fire Protection Services.  Senate Bill 239 would require a local agency to enter into a written agreement for the performance of new or extended services pursuant to a fire protection reorganization contract with each affected public agency and recognized fire protection employee organization prior to submitting to the local LAFCO a resolution of application and a plan for services.  Status: Gained passage in the Assembly Local Government Committee as amended.  RCRC Position: Oppose

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

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.  

Greenhouse Gas Reduction Funding Guidelines for Administering Agencies.  Establishes fund distribution guidance for state agencies that receive appropriations from the Greenhouse Gas Reduction Fund.  Agency: California Air Resources Board Status: Draft published for public comment, comment period extended to August 14, 2015.  Additional workshops in various cities in August.  Board consideration expected at the September 23-24 meeting.  Draft guidelines and related documents can be accessed here.  RCRC Comments: Click here RCRC Advocate: Staci Heaton sheaton@rcrcnet.org

Cap-and-Trade Auction Proceeds Second Investment Plan.  Establishes 3-year spending priorities for Greenhouse Gas Reduction Fund monies.  Agency: California Air Resources Board Status: Draft concept paper due out for public comment by July 24, 2015, followed by workshops in various cities in August.  Board consideration expected at the September 23-24 meeting.  Draft concept paper will be made available here.  RCRC Comments: Staff is seeking input from member counties.  RCRC Advocate: Staci Heaton sheaton@rcrcnet.org