Barbed Wire - July 25, 2014

July 25, 2014
Solar Permitting Bill Moves to Senate Appropriations Committee – RCRC Urges Members to Take Action
Crude Oil by Rail
Public Comment Period Extended on Tribal Acknowledgment Rule
Rural Areas Targeted for Investment
Highway Trust Fund Update
President Signs Reauthorization of Workforce Investment Act into Law
Unpredictable Track for Wildfire Funding
Supervisors Testify on Capitol Hill in Support of PILT, SRS, and Partnership
House Transportation and Infrastructure Hearing on EPA’s Integrated Planning Approach
STATE LEGISLATIVE UPDATE
FEDERAL AND STATE REGULATORY UPDATE

Solar Permitting Bill Moves to Senate Appropriations Committee – RCRC Urges Members to Take Action

Assembly Bill 2188 (Muratsuchi), which calls for the expedited permitting and inspection process for small residential solar energy systems, continues to move through the legislative process.  AB 2188 is scheduled to be heard in the Senate Appropriations Committee on Monday, August 4, 2014.  RCRC staff strongly urges member counties to contact Members of the Senate Appropriations Committee and describe the impacts this legislation would have upon local government, and request that they vote “No” on AB 2188 when it is heard in the Senate Appropriations Committee. 

As amended July 1, 2014, AB 2188 requires each city and county to create an expedited permitting and inspection process for small residential solar energy systems, among other provisions.  Specifically, AB 2188:

  • Gives preference to solar over all other types of permits, creating a special class of permitting and inspections for one particular industry; and,
  • Requires that by September 30, 2015, every city and every county must adopt an ordinance that creates an expedited, streamlined permitting process for small residential rooftop solar energy systems, consistent with the Solar Rights Act.

The text of AB 2188 can be accessed here.

For additional information, please contact RCRC Legislative Advocate Kathy Mannion at (916) 447-4806 or kmannion@rcrcnet.org.

Crude Oil by Rail

On Wednesday, the U.S. Department of Transportation (DOT) issued a comprehensive rulemaking proposal to improve the safe transportation of crude oil and ethanol by rail, largely in response to the Bakken Crude oil spills that have caused major disasters in both Canada and several communities across the states.  DOT has proposed new rules that would mandate new safety standards for existing and new tank cars, as well as speed restrictions and new braking equipment on trains carrying these materials.  The new regulations would also require railroads to notify state emergency response officials about the operation of oil trains through States.  Currently, there are no provisions to require notification to local governments, which is critical to ensure that they are well-equipped to implement emergency measures in the event of a rail disaster.

Public Comment Period Extended on Tribal Acknowledgment Rule

The Assistant Secretary for Indian Affairs at the Department of the Interior (Department) announced today that the public comment period for a proposed rule to acknowledge tribes has been extended to September 30, 2014.  This 60-day extension is to accommodate the numerous requests that the Department has received from the public and Congress to allow more time for comments before the rule is finalized.  This proposed rule revises and expedites the process for the federal government to recognize new tribes.  In addition to the comment period extension, the Department also announced two new additional public meetings to discuss the proposed rule.  The meetings will be held by conference call on September 3rd and 5th from 10:30 a.m. to 1:30 p.m. PDT at (888) 323-4307.  Participant passcode for the call is 4823348. Transcripts of all tribal consultations and public meetings will be posted on the Indian Affairs website, accessed here.

Rural Areas Targeted for Investment

Earlier this week the U.S. Rural Infrastructure Opportunity Fund was unveiled at the first-ever White House Rural Opportunity Conference.  CoBank, a national bank that caters to rural America, pledged the initial $10 billion investment.  It is hoped that this “anchor” investment will trigger other investment firms to participate in the new fund.

For its part, the United Stated Department of Agriculture (USDA) will continue investing through its Rural Development grants and loans program, but sees the new investment fund as a way to leverage its own investments and expand projects into rural areas.  Additionally, USDA Secretary Tom Vilsack is placing the agency into the “matchmaking” role, matching available capital investments with the communities, business-owners, and projects that need resources.  For projects that have greater financial risks and limited access to lending resources, the USDA can play an important role as a guarantor of financing. 

According to Secretary Vilsack, the hope is for innovation both in the types of projects, and the variety of funding sources and streams.  While key projects will be largely geared toward rural community infrastructure projects, other types of projects geared more towards private enterprise will also be considered.    The fund’s managers will be seeking innovative and creative projects and infrastructure improvements to boost rural communities.  Each federal agency that is involved in the rural economy has been directed to find ways to improve rural communities through job creation, improving infrastructure, and revitalizing the rural way of life.

RCRC and our federal advocates are working closely with the various federal agencies involved in this initiative to learn more about this rural economic development opportunity and will share additional information at it becomes available.

Highway Trust Fund Update

Congress continues discussions on how to fund the Highway Trust Fund (HTF), although there hasn’t been any major action this week.  The Senate is expected to vote on legislation next week that will provide $10.8 billion in funding for the HTF through May 31, 2015.  The House passed similar legislation last week.  Senate Majority Leader Harry Reid (D-Nevada) is expected to push for three votes: one on the House-passed HTF bill, a second on the Senate Finance Committee bill (which is similar to the House proposal), and a third on Senator Boxer’s transportation spending bill that would extend the policy and spending programs through December 31, 2014. 

While the Senate has various options up for consideration, which could cause some hiccups in the legislative process, we anticipate that the House and Senate will likely agree to a final bill prior to adjourning late next week for the August recess.  Without Congressional action to provide the trust fund with some level of relief, the fund is anticipated to run dry sometime this summer.

President Signs Reauthorization of Workforce Investment Act into Law

On Tuesday, President Obama signed into law H.R. 803, the Workforce Innovation and Opportunity Act (WIOA) to reauthorize and modernize the Workforce Investment Act (WIA) of 1998.  The WIA was enacted to serve as the nation’s employment and job training program by providing federal funding to states for job training, education, and employment services for unemployed and underemployed workers and youth. In California, WIA investments in employment training programs and services, particularly in rural counties, are vital to developing the highly-skilled and technical workforce our businesses need to sustain, maintain, and grow our competitive edge to compete in the 21st Century global economy. 

RCRC advocated for the reauthorization of WIA throughout the legislative process this year.  As we move forward with WIOA implementation, RCRC will work to ensure that newly designed regulations don’t negatively impact California’s rural Workforce Investment Boards’ ability to provide the critical programs and services our job seekers and businesses need to strengthen our economic competitiveness.  RCRC’s press release on the signing of WIOA/WIA can be accessed here.

Unpredictable Track for Wildfire Funding

Earlier this week, Senator Barbara Mikulski (D-MD), Chair of the Senate Appropriations Committee, provided her response to the Obama Administration’s request for an emergency supplemental appropriation to address immigration and wildfires.  Senator Mikulski will move a bill to the Senate floor next week to reduce funding by approximately $1 billion, and redirect program spending in response to the surge of young immigrants from Central America.  The proposal retains the full $615 million requested by the President for wildfire suppression and includes an authorization modeled on S. 1875 to allow some wildfire costs to be paid with emergency appropriations, similar to other declared natural disasters. 

The House is expected to soon announce its response to the President’s $4.3 billion request, likely limited to $1.5 billion in redirected funding for border control and immediate assistance, and eliminating the wildfire funding entirely.  Instead, the House included significant increases for wildfire suppression and prevention in the FY 2015 Interior and Environment Appropriation bill that was reported by the Appropriations Committee last week.  The Senate has yet to introduce its version of the Interior and Environment spending bill.

Supervisors Testify on Capitol Hill in Support of PILT, SRS, and Partnership

Two county supervisors testified this week before Senate Committees urging a stronger partnership between federal and county governments, and more financial resources to promote economic opportunity.  One week after meeting with the board of the Western Interstate Region at NACo’s annual conference, Senate Energy and Natural Resources Committee Chair Mary Landrieu (D- Louisiana) conducted a hearing on leveraging America’s resources to generate revenue and jobs.  The committee focused on the need to reauthorize and fund the Land and Water Conservation Fund, Secure Rural Schools and Payment in Lieu of Taxes, all of which have expired or will expire in the near future.  Revenue sharing from oil, gas, and mineral exploration, forestry, and federal land use are major concerns to both Chair Landrieu and the ranking Republican on the committee, Lisa Murkowski (R-Alaska). 

While Charlotte Randolph, President of Lafourche Parish in Virginia, was testifying on revenue sharing from public lands, Bath County, Virginia Supervisor Claire A. Collins appealed to the Senate Banking, Housing and Urban Affairs Committee for the federal government to strengthen ties to rural communities.  Supervisor Collins emphasized that state and local governments are bearing more of the costs of infrastructure and public improvements and the federal government must have policies, program tools, and flexibility to help these communities.  Housing, Transportation, and Community Development Chairman Robert Menendez (D-New Jersey) said he would soon reintroduce legislation called the Livable Communities Act to help states and local governments develop more resilient communities.

House Transportation and Infrastructure Hearing on EPA’s Integrated Planning Approach

This week, the House Transportation and Infrastructure Subcommittee on Water Resources and Environment conducted a hearing to examine the Environmental Protection Agency’s (EPA) Integrated Planning Approach (IPA) for municipal governments.  The IPA is a tool created by EPA in 2012 to help localities manage their Clean Water Act obligations more efficiently.  The Subcommittee invited four witnesses to testify on behalf of local governments.  The EPA was not present at this hearing. 

The witnesses testifying suggested the following changes to the policy:

  • Make it a national policy to allow for permit deadline extensions within MS4 permits;
  • Allow for adaptive management solutions;
  • Prohibit DOJ and EPA from aggressively pursuing fines or penalties that do nothing to further the shared responsibility of cleaning our waters; and,
  • Allow the integrated approach to provide protection from citizen suits like a Consent Decree.  

The EPA has yet to approve an Integrated Planning document.     

For additional information on federal issues, please contact RCRC Legislative Analyst Randall Echevarria at (916) 447-4806 or rechevarria@rcrcnet.org.

STATE LEGISLATIVE UPDATE

July 3, 2014 marked the last working day for the California State Assembly and Senate before their summer recess.  The California State Assembly and Senate are currently on summer recess, and will reconvene activities on Monday, August 4, 2014. 

For more information regarding state or federal legislative calendars, please contact the RCRC Governmental Affairs staff at (916) 447-4806.

FEDERAL AND STATE 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. 

Use by Over-Snow Vehicles (Travel Management Rule): Implements a court decision requiring national forests to designate roads for access by over-snow vehicles.  Agency: USDA Forest Service  Status: Proposed rule out for 45-day comment period, comments due August 4, 2014.  RCRC Comments: Click here  RCRC Advocate: Staci Heaton sheaton@rcrcnet.org

SRA Fire Safe Regulations Update, 2014: Updates existing regulations to amend requirements on fire access roads and other issues.  Agency: California Board of Forestry and Fire Protection  Status: Final draft published on July 4, 2014 for 45-day comment period, comments due August 25, 2014 by 5 p.m.  RCRC Comments: Staff is seeking input from member counties.  RCRC Advocate: Staci Heaton sheaton@rcrcnet.org

Amendments to Statewide Water Quality Control Plans to Control Trash: Developing amendments to various water quality plans and permits to control trash.  Agency: State Water Resources Control Board  Status: Draft published on June 10, 2014 for a 45-day comment period, comments due August 5, 2014 by 5 p.m.  RCRC Comments: Staff is seeking input from member counties.  RCRC Advocate: Staci Heaton sheaton@rcrcnet.org

Definition of “Waters of the United States” Under the Clean Water Act: Changes the definition of “Waters of the United States” in the Clean Water Act and expands federal jurisdiction over waterways.  Agency: U.S. Environmental Protection Agency, U.S. Army Corps of Engineers  Status: Draft published on April 21, 2014 for a 180-day comment period, comments due October 20, 2014.  RCRC Comments: Click here  RCRC Advocate: Staci Heaton sheaton@rcrcnet.org

Carl Moyer Guidelines Update: The Executive Officer at ARB proposes to update the Moyer Guidelines to align with the Truck and Bus Amendments to expand funding eligibility and prioritize funds toward small fleets.  Agency: California Air Resources Board Status: Proposed language posted July 8, 2014 for a 45-day public comment period, comments due August 22, 2014.  RCRC comments: Staff is seeking input from member counties.  The Moyer Guidelines Update information can be accessed here.  RCRC Advocate: Mary Pitto mpitto@rcrcnet.org

Air Toxics Hot Spots Draft Guidance Manual: The draft Guidance Manual provides an updated method to estimate health risks from air pollution sources that will increase the number of facilities subject to the “Hot Spots” program, requiring additional notifications or plans for reducing emissions.  Agency: Office of Environmental Health Hazard Assessment  Status: Draft language posted June 28, 2014 for a 45-day public comment period, comments due August 4, 2014.  RCRC comments:  Staff has joined a coalition seeking additional time for review, and is seeking input from member counties.  The draft Guidance Manual can be accessed here.  RCRC Advocate:  Mary Pitto mpitto@rcrcnet.org

Revisions to Hazardous Waste Analysis Guidance Manual: The draft Guidance Manual provides guidance on how to develop and implement a Waste Analysis Plan (WAPA) suitable for managing hazardous wastes in accordance with the Resource Conservation and Recovery Act (RCRA), assist permit writers in evaluating WAPs, and assist enforcement personnel in determining facility compliance.  Agency: US Environmental Protection Agency  Status: Draft language posted July 11, 2014 for a 45-day public comment period, ending August 24, 2014.  RCRC comments:  Staff is seeking input from member counties.  The draft Guidance Manual can be accessed hereRCRC Advocate:  Mary Pitto mpitto@rcrcnet.org

California Carpet Stewardship Plan Annual Report: The Carpet America Recovery Effort (CARE) has submitted their annual report for review and approval.  Agency: CalRecycle  Status: Report posted July 1, 2014, comment period extended to August 29, 2014.  RCRC comments: Staff is seeking input from member counties.  The Annual Report can be accessed hereRCRC Advocate:  Mary Pitto mpitto@rcrcnet.org