The Barbed Wire - June 20, 2014

June 20, 2014
Governor Signs 2014-15 State Budget
RCRC Seeks Comments on Groundwater Legislation – Hearing Set for June 24, 2014
Water Bond Update
State Water Board Proposes Permit Fee Increases for 2014-15
Water Project Survey Results
Harmful CEQA Legislation to be Amended
House GOP Elects New Majority Leader
RCRC Advocates for Changes to Wildfire Funding Accounts
Bipartisan Senate Proposal Increases Federal Gas Tax
Clean Water Rule Halts Progress of Energy and Water Appropriations Bill
House and Senate Advance Bill to Improve Veterans’ Health Care
State Medical Marijuana Protection Amendments Introduced
CDFA Now Accepting State Water Efficiency and Enhancement Program Applications
STATE LEGISLATIVE UPDATE

Governor Signs 2014-15 State Budget

Earlier today, Governor Brown signed the 2014-15 State Budget into law, as well as a number of Budget trailer bills that make most of the spending plan functional. The only component of the State Budget Package awaiting his consideration is the trailer bill to reform the State Teachers’ Retirement System.

As part of the signing process, the Governor exercised his line-item veto authority (known as blue penciling) to eliminate/reduce a number of expenditures in the State Budget. Due to extensive pre-passage negotiations between the Legislature and the Administration, the list of line-item vetoes for this State Budget Package is relatively minimal, with mostly technical changes and few policy or funding changes.

Additional details on the 2014-15 State Budget, including line-item vetoes, can be accessed here.

RCRC Seeks Comments on Groundwater Legislation – Hearing Set for June 24, 2014

Both current groundwater bills, Senate Bill 1168 (Pavley) and Assembly Bill 1739 (Dickinson), were amended on June 17, 2014, and both are scheduled to be heard on June 24, 2014. SB 1168 will be heard in the Assembly Water, Parks and Wildlife Committee, and AB 1739 will be heard in the Senate Natural Resources and Water Committee. SB 1168 reflects groundwater management recommendations made by the California Water Foundation, and AB 1739 reflects groundwater management recommendations made by the Association of California Water Agencies.

RCRC staff is in the process of analyzing both bills. Member counties are encouraged to review the two bills and provide comments to RCRC Legislative Advocate Kathy Mannion. The text of SB 1168 can be accessed here. The text of AB 1739 can be accessed here.

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

Water Bond Update

As reported at the June RCRC Board of Directors meeting, two water bonds appear to have emerged as the frontrunners to replace the $11 billion water bond currently slated to appear on the November 2014 ballot.

The Senate vehicle is Senate Bill 848 (Wolk), which was recently amended to include the continuous appropriation of $3 billion for the public benefits associated with water storage, among other things. The current version of SB 848 can be accessed here.

The Assembly vehicle is Assembly Bill 2686 (Perea), which is still a work in progress. The current version of AB 2686 can be accessed here.

SB 848 is currently in the Senate Rules Committee, where it is rumored to be amended again prior to being taken up on the Senate Floor. The Senate vote could occur as early as Monday. State officials have said the deadline for legislative action on the Bond is June 26, 2014 to allow time for changes to the November 2014 ballot pamphlet; however, that deadline has been extended into August in past years. It is the goal of a number of interests to pass a new Water Bond before the Legislature breaks for summer recess on July 3, 2014. A large coalition lead by water districts who support the Bay Delta Conservation Plan (BDCP) are actively opposing SB 848 and supporting AB 2686. Delta interests are backing SB 848.

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

State Water Board Proposes Permit Fee Increases for 2014-15

The State Water Resources Control Board has released its annual proposed fees for programs that pay into the Waste Discharge Permit Fund (WDPF) for the 2014-15 fiscal year. The proposal, which covers programs such as the National Pollutant Discharge Elimination System (NPDES), Irrigated Lands Regulatory Program (ILRP), stormwater, landfill disposal, confined animal facilities, and water discharge rights, includes fee increases for all categories except NPDES and ILRP. The increases are largely due to a recent State Budget Package allocation from the WDPF for the enforcement of environmental regulations and clean-up of marijuana cultivation sites.

The State Water Board is scheduled to hold its annual Water Quality Fee Stakeholder Meeting on Friday, June 20, 2014 in Sacramento, and will be noticing the increases for public comment shortly thereafter. Information for the meeting, including the fee increase proposal, can be accessed here.

For additional information, please contact RCRC Regulatory Affairs Advocate Staci Heaton at (916) 447-4806 or sheaton@rcrcnet.org.

Water Project Survey Results

State agencies partnered with the Association of California Water Agencies (ACWA) to survey local agencies regarding potential water projects and programs that could, within the next 5-10 years, add new or expand existing surface or groundwater storage capacity, improve water supply reliability, and improve operational efficiency. The goal of the survey was to identify a comprehensive inventory of projects that can contribute to improved flood protection, water supply reliability, hydroelectric generation, ecosystem health, water quality, and recreation. Once a statewide survey of possible storage locations is complete, the Department of Water Resources and the California Water Commission (CWC) will evaluate and prioritize the projects.

The PowerPoint presentation used to brief the CWC on the results of the survey can be accessed here.

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

Harmful CEQA Legislation to be Amended

Assembly Bill 543 (Campos) was heard in the Senate Environmental Quality Committee on Wednesday, June 18, 2014. The legislation was strongly opposed by RCRC and other local agencies. AB 543 would have required a lead agency to translate specified CEQA notices and summaries of any negative declaration, mitigated negative declaration, or environmental impact report when a community of non-English speakers comprises at least 25 percent of the residents in that area.

The author has agreed to delete the contents of the bill as drafted. The legislation would instead require the Office of Planning and Research to develop and transmit to the Secretary of Natural Resources recommended changes to the guidelines establishing criteria for a lead agency to assess the need for translating notices required into non-English languages for projects considered pursuant to CEQA, as well as requirements for posting these notices in non-English languages. The recommended changes are due by July 1, 2016. The coalition will remove opposition to the bill once the amendments appear in print.

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

House GOP Elects New Majority Leader

Late this week, Kevin McCarthy (R-Kern County), House Majority Whip, was elected House Majority Leader to replace outgoing Majority Leader Eric Cantor (R-Virginia), who suffered a primary defeat earlier this month to tea party challenger Dave Brat. Representative Cantor immediately stepped down from his post, handing the reigns over to Representative McCarthy and putting him next in line for the speakership. Representative Steve Scalise (R-Louisiana) was elected to replace Representative McCarthy as Majority Whip shortly after.

RCRC Advocates for Changes to Wildfire Funding Accounts

On Wednesday, RCRC joined the effort on Capitol Hill to advocate for changes in how wildfire suppression activities are funded by the federal government. RCRC is supporting HR 3992, the Wildfire Disaster Funding Act. The legislation would allow an amount equal to thirty percent of current suppression funding levels to be accessed through the National Disaster Assistance Cap, a funding mechanism that would not have to rely on annual discretionary appropriations. As part of the advocacy day, RCRC visited the offices of Reps. Jeff Denham (CA-10) and Sam Farr (CA-20) to discuss and garner support for the measure. Early indications suggest their offices are willing to support the bill. 

Bipartisan Senate Proposal Increases Federal Gas Tax

Earlier this week, in an effort to save the Highway Trust Fund from becoming bankrupt this Summer, a bipartisan proposal by Senators Chris Murphy (D-Connecticut) and Bob Corker (R-Tennessee) was introduced to increase the federal gasoline and diesel taxes by 12 cents over the next two years, and index the rate to inflation. The last time the federal gas tax was increased was in 1993, and since that time, federal gas tax receipts have failed to keep pace with the needs of our state and federal transportation programs. Despite the fact that a leading and well-respected Republican on the Senate Banking Committee is a co-sponsor of the proposal, it is likely to face significant opposition from many of his Republicans colleagues in both the Senate and the House who have signed on to a “no new taxes” pledge. It appears that the proposal to fund a temporary extension of the highway program through elimination of Saturday postal delivery service continues to remain off the table, while other funding proposals continue to be discussed. However, it is still too early to tell which of these proposals, if any, will gain any traction. We expect various additional proposals will be made over the coming weeks as Congress continues to grapple with how to fund the diminishing Highway Trust Fund.

Clean Water Rule Halts Progress of Energy and Water Appropriations Bill

The Senate Appropriations Committee abruptly halted consideration of the FY 2015 Energy and Water Development Appropriation because of amendments to stop the progress of two controversial proposed EPA regulations. Proposed rules to limit greenhouse gas emissions and to define Waters of the U.S. have attracted significant opposition in Congress, including some Democratic Senators who are in close re-election battles this year. Three of those Senators sit on the Appropriations Committee and could potentially vote for these amendments to alter or stop development of rules proposed by the Obama Administration. The House version of the legislation was approved by the House Appropriations Committee this week and prohibits funding for the Clean Water Act rule, and admonishes EPA for quietly recalculating costs and benefits to favor the greenhouse gas rule. 

House and Senate Advance Bill to Improve Veterans’ Health Care

The House and Senate voted to send to conference legislation to improve veterans’ access to health care, and to increase accountability for individuals in the Department of Veterans Affairs (VA). House and Senate negotiators will now work to figure out differences between the two House and Senate passed bills. While the bills are similar, finding a way to pay for the legislation will be a major hurdle to overcome before House Republicans will support the bill.

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

State Medical Marijuana Protection Amendments Introduced

Senators Rand Paul (R-Kentucky) and Cory Booker (D-New Jersey) introduced an amendment to the Senate Commerce, Justice, Science spending bill that would prohibit the federal government from interfering with medical marijuana operations in states with legalized medical marijuana policies. The amendment contains identical language to the amendment offered by California Representative Dana Rohrabacher (R-Orange) late last month which successfully made it through the House after years of previous failed attempts. Representative Rohrabacher’s amendment would protect the 32 states and the District of Columbia that have legalized medical marijuana from raids conducted by federal law enforcement officers on medical marijuana cultivators and distributors. When before the House of Representatives, the vote on the measure amongst the California delegation was as follows:

Ayes

Huffman, Garamendi, McClintock, Thompson, Matsui, Bera, McNerney, Miller (George), Pelosi, Lee, Speier, Swalwell, Costa, Honda, Eshoo, Lofgren, Farr, Capps, Brownley, Chu, Schiff, Cardenas, Sherman, Napolitano, Becerra, Negrete McLeod, Ruiz, Sanchez (Linda), Sanchez (Loretta), Roybal Allard, Takano, Hahn, Lowenthal, Rohrabacher, Hunter, Vargas, Peters, and Davis

Nays

LaMalfa, Cook, Denham, Valadao, Nunes, McCarthy, McKeon, Bass, Royce, Issa, and Calvert

Did Not Vote

Miller (Gary), Waxman, Waters, and Campbell

CDFA Now Accepting State Water Efficiency and Enhancement Program Applications

The California Department of Food and Agriculture (CDFA) is now accepting applications for the State Water Efficiency and Enhancement Program (SWEEP), authorized by emergency drought legislation (Senate Bill 103). An estimated $10 million in competitive grant funding will be awarded to provide financial assistance to agricultural operations for implementation of water conservation measures that result in increased water efficiency and reduced greenhouse gas emissions. Detailed information on the program can be accessed here.

STATE LEGISLATIVE UPDATE

RCRC members are encouraged to share letters addressed to state and federal representatives and regulatory bodies with RCRC’s Government Affairs staff.

AB 1451 (Holden): Concurrent Enrollment. AB 1451 would help provide rural high school students with access to higher education opportunities. Status: Passed out of the Senate Education Committee. RCRC Position: Support

AB 2241 (Eggman): Local Government: Agricultural Land. AB 2241 would change the rescission fee charged by a county when land under Williamson Act contract or land designated as a farmland security zone enters into a solar-use easement to 10 percent of the fair market value of the property, and allows for counties that choose to utilize this approach to retain half of the rescission fee until January 1, 2020. Status: Passed out of the Senate Governance and Finance Committee. RCRC Position: Support

AB 2413 (Perez): Office of Farm to Fork. AB 2413 would create the Office of Farm to Fork under the direction of the Department of Food and Agriculture and would require the office to identify communities in both rural and urban areas that lack access to healthy food. Status: Passed out of the Senate Agriculture Committee. RCRC Position: Support

SB 1292 (Hueso): Safe Drinking Water State Revolving Fund. SB 1292 would increase the maximum amount of a construction grant award from $3 million to $5 million for a water system serving severely disadvantaged communities. Status: Passed out of the Assembly Environmental Safety and Toxics Materials Committee. RCRC Position: Support

SB 1353 (Nielsen): Local Government: Williamson Act. SB 1353 would eliminate the sunset date on the alternative Williamson Act funding program giving counties that opted into the program the ability to continue this alternative funding mechanism for the Williamson Act. The program works by shortening the length of Williamson Act contracts by 10 percent in exchange for the forfeit by landowners of no more than 10 percent of their tax benefit. Status: Passed out of the Assembly Agriculture Committee. RCRC Position: Support

SB 1399 (Galgiani): Agricultural Seed: County Seed Enforcement Subventions. SB 1399 would extend the sunset date of the seed enforcement subvention program through July 1, 2019. The subvention program, funded by the seed industry, provides counties with a source of revenue to cover a portion of their costs for enforcing the California Seed Law. Status: Passed out of the Assembly Agriculture Committee. RCRC Position: Support