The Barbed Wire - June 05, 2015

June 5, 2015
Conference Committee Continues Into Next Week
Medi-Cal Reimbursement Rally Attracts Thousands
Fish and Game Commission Releases Proposal to Restrict Bobcat Trapping
Congress Faces Impasse on Highway Trust Fund
House Offers Environmental Streamline Bill for Forest Service
Medical Marijuana Amendment Included in House-Passed CJS Bill
House Moves to Transportation/Housing Appropriations
BULLETIN BOARD
KEEPING UP
LEGISLATIVE UPDATE
REGULATORY UPDATE

Conference Committee Continues Into Next Week

This week, the Joint Budget Conference Committee began work on finalizing decisions on key Budget issues of difference between the Senate and Assembly budget plans, including Health, Human Services, K-12, Higher Education, Public Safety, Judicial, Labor, State Administration, General Government, Transportation, and Resources Budget issues.  

The Budget Conference Committee is comprised of members of both the Assembly and Senate Budget Committees, and includes:

  • Chair, Senator Mark Leno (D-San Francisco)
  • Vice Chair, Assemblymember Shirley Weber (D-San Diego)
  • Senator Ricardo Lara (D-Bell Gardens)
  • Senator Jim Nielsen (R-Gerber)
  • Assemblymember Richard Bloom (D-Santa Monica)
  • Assemblymember Melissa Melendez (R-Lake Elsinore)

The Budget Conference Committee meets to discuss and reach compromises on Budget items where the Senate and Assembly Budget Committees approved different amounts of funding or policy language associated with the funding.  Representatives from the Department of Finance, Legislative Analyst Office (LAO), and other technical staff from the Administration are also involved in the discussions to provide the Committee with the Governor’s perspective on the Budget items being discussed.  Thus far, many of the items heard by the Committee have been left open for further discussion.  Additionally, some items may not be addressed by the Budget Conference Committee at all, and will instead be taken up by the “Big Three” – the Senate pro Tempore Kevin de León (D-Los Angeles) , the Speaker of the Assembly Toni Atkins (D-San Diego), and Governor Jerry Brown, in private negotiations leading up to the passage of the final Budget.  

Key RCRC issues still to be dealt with in Budget Conference Committee or by the “Big Three” include the Cap-and-Trade funding, water policy trailer bills, and the restoration of the Medi-Cal reimbursement rates.  The Legislature has until June 15, 2015 to pass the 2015-16 State Budget, and the enacted Budget goes into effect July 1, 2015.  Budget Conference Committee is expected to wrap-up on Monday.

Medi-Cal Reimbursement Rally Attracts Thousands

Nearly 5,000 health professionals, Medi-Cal recipients, advocates, and lawmakers rallied at the State Capitol this week to encourage Governor Brown to restore the Medi-Cal reimbursement rate cuts caused by Assembly Bill 97.  The event featured the Chief Executive Officers of the California Medical Association and the California Hospital Association, the President of SEIU-UHW, and Assemblymember Bonta and Senator Hernandez, the members of the Legislature carrying the legislation that would repeal the Medi-Cal reimbursement rate cuts.  RCRC attended the rally and expressed the importance of restoration of the Medi-Cal reimbursement rates to lawmakers and Budget negotiators attending the event.

AB 97 was a 2011-12 State Budget Trailer Bill which cut rates to a variety of Medi-Cal provider, including Distinct Part/Skilled Nursing Facilities (DP/SNFs), pharmacies, and other fee-for-service Medi-Cal activities by 10 percent off of the 2008 reimbursement rates.  RCRC’s press release promoting the rally can be accessed here.

Fish and Game Commission Releases Proposal to Restrict Bobcat Trapping

The California Fish and Game Commission (Commission) released proposed regulations prohibiting bobcat trapping in areas that are adjacent to the boundaries of any state or national park, national monument, or wildlife refuge in which bobcat trapping is prohibited.  The proposed regulations would also create new bobcat trapping fees, as well as increase certain existing fees. 

The regulations are being proposed in response to provisions set in the Bobcat Protection Act of 2013, which contains language requiring the Commission to develop regulations to prohibit trapping in the specified areas.  The regulations would also increase the bobcat pelt shipping fee, and create the Bobcat Trapping Validation Fee, both of which will be subject to annual adjustment, in order to pay the administrative and implementation costs to the State for implementing the new regulations.

The proposed regulations are set for hearing on August 5, 2015 at the Commission’s meeting at the River Lodge Conference Center located at 1800 Riverwalk Drive in Fortuna.  Written comments may be submitted via e-mail to FGC@fgc.ca.gov, and must be received before noon on July 31, 2015.  Full text of the proposed regulations can be accessed here.

Congress Faces Impasse on Highway Trust Fund

Following the passage of a 2-month extension of the Highway Trust Fund (HTF) prior to the Memorial Day Recess, Congress must now focus its energies on coming up with a mechanism to fund the program after July 31, 2015.  Nearly $11 billion is estimated to be necessary to keep the HTF solvent through the end of the year.  Democrats in both the House and Senate have expressed opposition to passing another short-term extension, and some have indicated that they will vote against such an approach. 

House Offers Environmental Streamline Bill for Forest Service

On Wednesday, Representative Tom McClintock (R-CA) released a draft bill that would aim to give the U.S. Forest Service (USFS) new, and expanded, categorical exclusions under the National Environmental Protection Act (NEPA) for National Forest restoration and resiliency projects.  The House Natural Resources Subcommittee on Federal Lands held a hearing to discuss the draft with USFS Chief Tom Tidwell and other stakeholder groups, including Supervisor Ron Walter from Chelan County, Washington.  Chief Tidwell welcomed the authority for some additional environmental streamlining, but warned the Subcommittee of inaction on the wildfire suppression budget issue, arguing streamlining would mean little if projects remain delayed or canceled due to “wildfire borrowing.”  The Subcommittee ultimately acknowledged the need for more work on the bill, in concert with the USFS and state and local stakeholders.   

Medical Marijuana Amendment Included in House-Passed CJS Bill

Earlier this week, the House passed the FY 2016 Commerce, Justice, and Science Appropriations bill, which included an amendment regarding medical marijuana.  The amendment, accepted by a vote of 242-186, would prevent the use of federal funds to prevent states from implementing their own laws to legalize medical marijuana.  The amendment identifies 39 states and the District of Columbia that have passed such laws.  

House Moves to Transportation/Housing Appropriations

The House has begun floor consideration of the FY 2016 appropriations bill for Transportation and Housing and Urban Development.  The bill would decrease transportation funding by $1 billion over 2015 levels, and increase funding for housing programs by $1 billion.  

For transportation, the bill would continue to fund highway, bridge, and transit programs at the levels authorized in MAP-21.  Two programs proposed for cuts are Amtrak (cut by $262 million to $1.4 billion) and the TIGER grant program (reduced from $500 million to $100 million) under the House approach.  For housing programs, the Community Development Block Grant (CDBG) program would be held steady at $3.0 billion, and the HOME Investment Partnerships program, which provides housing assistance, would also be funded at the same level as this year, at $900 million. 

House Democrats have indicated that they will oppose the bill due to its low spending levels under the sequester.  Amendments to reverse the cuts to Amtrak and the TIGER Grant Program have been rejected on procedural grounds, since they do not provide an offset for the increased spending. 

BULLETIN BOARD

USDA Seeks Applications for Grants to Help Repair Housing in Rural Communities

Click here

Industrial Storm Water General Permit Order

Click here

Water Energy Technology Program Workshop Presentation Available Online

Click here

USDA Announces Restart of Biomass Crop Assistance Program for Renewable Energy

Click here

July 14 ILRP Meeting in Merced

A kickoff meeting for Irrigated Lands Regulatory Program (ILRP) stakeholders and other interested parties will be held on Tuesday July 14, 2015 in Merced.  The purpose of the ILRP Stakeholder Meetings is to provide an open forum and facilitate communication between water board staff and agricultural and environmental justice groups in the Central Valley Region.  

Location:        Merced County Farm Bureau, Conference Room

Address:        646 South State Highway 59, Merced

Date:               Tuesday July 14, 2015

Time:              10 AM – 1 PM

There will be a no-host lunch with sandwiches/chips/drinks for those who are interested.  To reserve a lunch, please RSVP to Keri Yee at Keri.Yee@waterboards.ca.gov.  For further information on the ILRP Stakeholder Meetings, contact Sue McConnell at (916) 464-4798 or Sue.McConnell@waterboards.ca.gov.

KEEPING UP

The California Water Commission (Commission) announced that that Paula J. Landis has agreed to serve as Executive Officer.  Ms. Landis has more than 27 years of experience working for both state and federal agencies focused on water resources planning and management, where she gained valuable experience with water policy and environmental issues in California.  The Commission’s announcement can be accessed 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 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 Assembly.  RCRC Position: No Position

AB 266 (Bonta): Medical Marijuana.  Assembly Bill 266 would establish a statewide regulatory, licensing, and enforcement framework for medical marijuana dispensaries, cultivation, transportation, and manufacturing of medical marijuana and products containing medical marijuana.  Status: AB 266 gained passage in the Assembly.  RCRC Position: Pending

AB 363 (Steinorth): Closing of the Polls.  Assembly Bill 363 would provide county elections officials the ability to transport ballots from polling places to the designated counting facility prior to polls closing.  Status: AB 363 gained passage in the Assembly.  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 gained passage in the Assembly.  RCRC Position: Support

AB 1347 (Chiu): Public Contracts Claims.  Assembly Bill 1347 would mandate a new claims resolution process for all public contracts.  Status: AB 1347 gained passage in the Assembly.  RCRC Position: No Position

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, which is anticipated to result in more transportation funding revenues in the short-term and more stable revenues in the long-term.  Status: SB 321 gained passage in the Senate.  RCRC Position: Support

SB 326 (Beall): Courts: Penalties: Emergency Services Funding.  Senate Bill 326 would eliminate the sunset provision for the Emergency Medical Transportation Act, which provides critical funding for rural and remote air ambulance services.  Status: SB 326 gained passage in the Senate.  RCRC Position: Support

SB 643 (McGuire): Medical Marijuana.  Senate Bill 643 would establish a state regulatory and licensing framework for medical marijuana dispensaries, cultivation, transportation, and manufacturing of medical marijuana and products containing medical marijuana.  Status: SB 643 gained passage in the Senate.  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.  

Proposed General Waste Discharge Requirements for Composting Operations and Draft Environmental Impact Report.  Proposes a General Order to streamline permitting and protect water quality to address impacts from compost operations.  Agency: State Water Resources Control Board Status: A revised draft was released on May 29, 2015 with a public workshop scheduled in Sacramento on June 16, 2015.  A public hearing for adoption is scheduled in Sacramento on July 7, 2015.  The proposed order and related documents can be accessed here.  RCRC Comments: Staff is seeking input from member counties.  RCRC Advocate: Mary Pitto mpitto@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: Final rule has been issued, prepublication version accessible here.  RCRC Comments: Click here RCRC Advocate: Staci Heaton sheaton@rcrcnet.org

Waiver of Waste Discharge Requirements for Marijuana Cultivation and Associated Activities.  Creates a water quality regulatory structure to address impacts from marijuana cultivation activities.  Agency: North Coast Regional Water Quality Control Board Status: Draft published for a 45-day comment period, comments due June 8, 2015.  Public hearing scheduled in Eureka on May 7, 2015.  The proposed order and related documents can be accessed here.  RCRC Comments: Click here RCRC Advocate: Staci Heaton sheaton@rcrcnet.org

Endangered and Threatened Wildlife and Plants; Revisions to the Regulations for Petitions.  Changes the regulations concerning petitions to list species to require petitioners to solicit information from relevant state wildlife agencies prior to submitting a petition.  Agency: U.S. Fish and Wildlife Service/National Oceanic and Atmospheric Administration Status: Draft released for public comment, comments due July 20, 2015.  The Federal Register notice, including instructions on filing comments, can be accessed here.  RCRC Comments: Staff is seeking input from member counties.  RCRC Advocate: Staci Heaton sheaton@rcrcnet.org