The Barbed Wire - June 27, 2014

June 27, 2014
U.S. Senate Passes Workforce Investment Act Reauthorization Measure
Senate Water Bond Fails, Reconsideration Granted
Groundwater Bills Pass Second House Policy Committees
Native American CEQA Legislation Advances
Solar Legislation Moves Forward
Forestry Bills Clear Latest Hurdle
USFS Released Two New Proposals on Travel Management Rule, Water Rights
House Natural Resources Panel Criticize Water Rules
Senate Makes Progress on Highway Financing
Draft Guidelines Released for Water and Energy Grant Program
USFWS Extends Comment Deadline on Critical Habitat Rulemaking Package
HCD State Community Development Block Grant Policy Changes Take Effect
STATE LEGISLATIVE UPDATE

U.S. Senate Passes Workforce Investment Act Reauthorization Measure

This week, the U.S. Senate voted in overwhelming support (95-3) of the Workforce Innovation and Opportunity Act (WIOA). H.R. 803 reauthorizes and modernizes the Workforce Investment Act (WIA) of 1998, which has been up for reauthorization since 2003.  WIOA represents a compromise between the House-passed SKILLS Act and the Senate Health, Education, Labor, and Pensions Committee’s Workforce Investment Act of 2013.  The House is expected to the take up the bill for final consideration as early as the second week in July, although the exact timing is still unclear at this time.

The WIA reauthorization measure updates and streamlines job training and state and local workforce development programs by requiring unified state plans, establishing a system of common performance measures, placing a stronger emphasis on the use of real-time data and performance indicators to evaluate program effectiveness, and eliminating the “sequence to service” barriers to training.  WIOA provides additional flexibility to state and local governments to align the workforce development system with economic development and education systems through industry and sector-based strategies and partnerships, and expanded use of career pathways.  Of importance to counties, WIOA maintains leadership of local elected officials, reduces the size of state and local Workforce Investment Boards while maintaining business majority and business-led boards, and provides ongoing support to California’s American Job Centers, known as One-Stop Career Centers.

The Senate also considered and voted on the following amendments:

  1. Senator Jeff Flake (making the appointment and certification of a new local board permissible instead of required):  On Monday, RCRC opposed the amendment by Senator Flake, which would provide the Governor the authority to require annual reorganization of local Workforce Investment Boards (WIB), including full replacement of the local WIB, for failure to meet one year of performance measures without consideration of corrective action plans, local reform efforts or other alternative solutions.  Senator Patty Murray spoke against the Flake amendment and encouraged her colleagues to take an oppose position.  The Senator Flake amendment failed passage on the Senate Floor (33-63). RCRC’s comment letter on the amendment can be accessed here.

  2. Senator Mike Lee (evaluation report requirement):  Senator Tom Harkin spoke against the Lee amendment and reported that the House was opposed.  The amendment failed passage on the Senate Floor (40-58).  

  3. Managers’ technical amendment (expected voice vote):  The Managers’ technical amendment passed on the Senate Floor by voice vote.

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

Senate Water Bond Fails, Reconsideration Granted

On Monday, legislation that would place an alternative water bond on the November ballot failed passage on the Senate Floor (22-9), with Republicans voting no or abstaining. Several Republican members indicated that there are a number of good pieces to the proposed water bond, but that work remains to be done.

While Senate Bill 848, authored by Senator Wolk and co-authored by Senate President Pro Tem Darrell Steinberg and President Pro Tem-elect Kevin de León, among others, did not receive the needed two-thirds vote, Senator Steinberg expressed the opinion that the vote paves the way for additional negotiations in order to reach a compromise that can garner some Republican support. The deadline to put an alternative bond on the November ballot is June 26, 2014, but the Legislature has pushed that deadline into August in the past. 

SB 848, as amended June 23, 2014, includes $10.5 billion in funding for a range of projects, including $1.3 billion for Delta restoration – $900 million that would be dispersed through the Delta Conservancy, and $400 million that would go to the Department of Water Resources to be used to bolster levees.  In addition to the $3 billion towards the public benefits of water storage, SB 848 also contains $1 billion for cleanup of groundwater, and $500 million for recycling.

During the floor debate, Senator Steinberg repeatedly stated that it is important to pass a bond that meets California’s pressing water needs while avoiding a north-south water fight, which may ensue if a proposed water bond on the ballot provided funding associated with the implementation of the Bay Delta Conservation Plan (BDCP). Senator Steinberg stated that SB 848 is “twin-tunnels neutral,” and as such would not be subjected to an opposition campaign. An active opposition campaign against a water bond could well lead to failure at the polls.  

On Tuesday, the Governor engaged members of the Legislature for the first time on the water bond. It is reported that the Governor is willing to consider a $6 billion water bond that includes $2 billion for the public benefits of water storage.   

In the Assembly, AB 2686 (Perea) is likely to be the Assembly water bond vehicle. AB 2686 is currently in the Assembly Appropriations Committee. Any water bond to replace the $11.1 billion water bond on the November ballot will need two-thirds vote in each house. If no alternative water bond is placed on the ballot prior to the end of the final recess, the electorate will vote on the $11.1 billion bond currently on the November 2014 ballot. In meetings with legislators this week, Governor Brown reportedly stated that he would campaign against the $11.1 bond.

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

Groundwater Bills Pass Second House Policy Committees

On Tuesday, the two legislative main groundwater management reform bills passed their second house policy committees.   Both of the bills are “works in progress.”  SB 1168 is based on recommendations contained in a report authored by the California Water Foundation, and AB 1739 is based on recommendations contained in a report authored by the Association of California Water Agencies.

Both authors are principal co-authors of each other’s bills, and they have pledged to work with each other, the Administration, and stakeholders to develop one comprehensive groundwater management reform bill to be enacted prior to the end of the final legislative recess on August 31, 2014.  A series of meetings during the legislative summer recess (July 4-August 3) will be held with this goal in mind.  The Administration also has a groundwater management reform proposal, but they have opted for now to work with the authors of the two bills.  The Administration has a groundwater management budget trailer bill waiting in the wings if needed. 

Given the short timeframe between the recent amendments and the hearings, RCRC and the California State Association of Counties (CSAC) submitted a preliminary joint comment letter on each bill, as well as testimony at the two hearings.     

The text of SB 1168, as well as analysis and vote can be accessed here. RCRC’s joint SB 1168 letter can be accessed here.

The text of AB 1739, as well as analysis and vote can be accessed here. RCRC’s joint AB 1739 letter can be accessed here.

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

Native American CEQA Legislation Advances

Earlier this week, RCRC Vice Chair Lee Adams (Sierra County) testified before the Senate Environmental Quality Committee in opposition to Assembly Bill 52 (Gatto), which would include in CEQA requirements for consultation between local governments and tribal governments.  Other issues of concern to counties include the open ended definition of “tribal cultural resources,” the prohibition on disclosure of the location and nature of a tribal cultural resource to the project proponents, and the increased potential for litigation for lead agencies.  

In his testimony, Supervisor Adams highlighted that RCRC is open to developing alternative methods of local government and tribal consultation on a project-by-project basis outside of CEQA, a position echoed by many of those who testified in opposition to the bill.  Opponents included local jurisdictions, agriculture, building and business interests, solar, and non-federally recognized tribes who objected to their exclusion from the provisions of the bill.  AB 52 defines “Native American tribe” as a federally recognized tribe located in California.  The legislation passed out of committee on a 6-0 vote.  The bill will next be heard in the Senate Appropriations Committee. 

The hearing on the bill lasted approximately ninety minutes.  After the testimony, the Committee and the author discussed more than 20 recommended amendments to the bill contained in the bill analysis.  Gatto accepted the majority of the amendments, and agreed to work on others.  RCRC staff  is currently reviewing the bill as amended in Committee to determine how and if issues of concern are addressed. 

The text of AB 52, as well as analysis and vote can be accessed here.

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

Solar Legislation Moves Forward

Earlier this week, RCRC Chair Nate Beason (Nevada County) testified before the Senate Governance and Finance Committee in opposition to Assembly Bill 2188 (Muratsuchi), which calls for the expedited permitting and inspection process for small, residential solar energy systems.  Supervisor Beason highlighted the issues of public safety as well as that of land use and local control during his testimony before the Committee.  RCRC was joined in opposition to the legislation by numerous local jurisdictions and organizations representing firefighters and building officials, among others.  AB 2188 passed out of committee on a 6-1 vote. 

The Committee analysis had suggested a number of conceptual amendments for consideration, which the author accepted.  RCRC staff is reviewing the bill as amended in Committee to determine how and if issues of concern are addressed.  The bill will next be heard in the Senate Appropriations Committee. 

The text of AB 2188, as well as analysis and vote can be accessed here.

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

Forestry Bills Clear Latest Hurdle

This week, both Assembly Bill 2142 (Chesbro) and Assembly Bill 1867 (Patterson) passed the Senate Natural Resources and Wildlife Committee. Both bills aim to expand existing exemptions in law from the requirement of Timber Harvest Plans (THPs) for fire prevention-type forestry projects, thereby reducing barriers to increased fuels reduction activities. 

AB 2142 would expand last year’s AB 744 (Dahle/Gordon), which was an expansion of the existing Forest Fire Protection Act, authored by then Assembly Member Doug LaMalfa in 2004. The provisions of AB 744 expanded the THP exemption available under the Forest Fire Protection Act to larger diameter trees as well as broadening certain other limitations in the Act, for a pilot program in a few inland California counties. The current bill, AB 2142, extends that pilot program into additional, North Coast counties. 

AB 1867 would expand the existing exemption on requiring a THP to those forest landowners wishing to do more than 100 feet of defensible space clearance around a habitable dwelling. The exemption would allow those landowners to sell the timber generated by the fire prevention activities to help offset the costs of that vegetation management work. In some counties, 300 feet of defensible space clearing can cost as much as $20,000, and getting a THP is usually more than $35,000. By eliminating the need for a THP, and allowing for the material to be sold, more landowners will likely perform this urgently needed fire prevention work. The bill was amended in committee to also be a 3-year pilot program as well.

For additional information, please contact RCRC Legislative Advocate Cyndi Hillery at (916) 447-4806 or chillery@rcrcnet.org.

USFS Released Two New Proposals on Travel Management Rule, Water Rights

Last week the U.S. Forest Service officially noticed two new proposals making slight but impactful changes on national forest lands. The first proposes to amend the Travel Management Rule (TMR) to require designation of national forest roads, trails, and areas where over-snow vehicles are allowed, restricted or prohibited. Currently, forest supervisors are allowed, but not required, to make such designations. The proposal follows a 2013 ruling by the U.S. District Court for the District of Idaho that the USFS is required to designate areas where over-snow vehicles are allowed and prohibited to mitigate the impact on national forest resources. The second proposal establishes directives that address water rights for permitted ski resorts that operate on federal land. The USFS had previously proposed that they hold the water rights to any such water usage as a condition of the permits. The current proposal would instead establish requirements a permitted ski resort must meet with respect to acquisition and transfer or water rights. 

Comments on the TMR rulemaking are due on August 4, 2014 and can be accessed here.

Comments on the water rights directives are due on August 22, 2014 and can be accessed here.

 

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

House Natural Resources Panel Criticize Water Rules

The House Water and Power Subcommittee conducted a hearing this week on pending water rules proposed by EPA and the Forest Service.  The invited Administration witnesses from the Bureau of Reclamation and the Forest Service declined to appear, leaving the hearing to a panel of witnesses consisting of the National Water Resources Association, a power cooperative, a state Farm Bureau, a state water engineer, and a brewer.  Much of the discussion centered on the proposed rule to define waters of the U.S.; however, a recently published directive regarding the ownership and use of water rights associated with ski areas also drew criticism from western state representatives.  Most members of the subcommittee raised concerns about the content and potential impact of the waters of the U.S. rule, and most of the panelists cited specific examples of additional costs, delays, and the potential for citizen suits.   

Senate Makes Progress on Highway Financing

Some progress was made this week in the effort to find solutions to the solvency of the Highway Trust Fund (HTF), which is the federal government’s source of revenue for highway and bridge projects.  Senator Ron Wyden (D-OR), Chairman of the Senate Finance Committee, introduced legislation to fund HTF through December 31, 2014.  The $7.6 billion bill is funded mostly through strengthening compliance with existing tax laws and not through the imposition of new fees or taxes.  The legislation is scheduled to be considered at a markup when Congress returns from the July recess.  Chairman Wyden and Ranking Member Orrin Hatch (R-UT) have said that they will consult next week with House Ways and Means Chairman Dave Camp (R-MI) to discuss which of Senator Wyden’s provisions might be able to gain support in the House.  As we’ve previously reported, Congress will need to take action to fund HTF at some point in July to prevent the fund from becoming insolvent.

For additional information please contact Randall Echevarria at 916.447.4806 or rechevarria@rcrcnet.org.

Draft Guidelines Released for Water and Energy Grant Program

The Department of Water Resources (DWR) recently released the draft guidelines and proposal solicitation package (PSP) for the Water and Energy Grant Program.  The funding is intended for water efficiency efforts that reduce greenhouse gas emissions, while reducing water and energy use. 

DWR will hold three meetings in Chino, Fresno and Sacramento throughout the month of August. Details on these meetings can be accessed here. The draft guidelines and PSP can be accessed here.

USFWS Extends Comment Deadline on Critical Habitat Rulemaking Package

The U.S. Fish and Wildlife Service (USFWS) has extended the comment deadline on a package of three regulatory items by 90 days to allow for more public participation.  The package, originally noticed in the Federal Register on May 12, 2014, includes a proposed rule to amend the regulations for designating critical habitat, a rule changing the definition of destruction or adverse modification of critical habitat, and a set of guidelines that would change the way the Service grants critical habitat exemptions. 

Each component of the package offers only slight changes to current statutes, and is being downplayed by the USFWS as a means to “clarify” current regulations.  However, it is widely believed that the changes could both expand the areas designated as critical habitat in future determinations, as well as allow the USFWS more leeway in denying exemptions for lands that already offer special protections for endangered species via other methods such as habitat conservation plans.

The original July 11, 2014 deadline has now been moved to October 9, 2014. The proposed package can be accessed here.

HCD State Community Development Block Grant Policy Changes Take Effect

The State CDBG Program rules are out of compliance with federal statute and regulations.  For this reason, the Housing and Community Development (HCD) Department held meetings and discussions to implement new policy to be in compliance with the Program Income (PI) and Revolving Loan Account (RLA) rules and procedures.  The changes are significant, and range from changes in policy, to fully restructuring CDBG PI accounting and reporting practices.  These changes will impact all grantees in varying degrees, those with large PI balances most significantly. 

The Management Memo can be accessed here. Please contact your CDBG representative with any follow-up questions.  Contact information for all CDBG representatives 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 1512 (Stone) Corrections - Inmate Transfers: SB 1512 extends until July 1, 2018 a county’s ability to contract with another county for jail bed capacity for specified eligible inmates upon authorization from the county Board of Supervisors.  Status: AB 1512 gained passage in the Assembly and Senate and was signed by the Governor.  RCRC Position: Support

 

AB 1867 (Patterson) Forestry: AB 1867 would allow landowners to sell timber removed during the course of defensible space vegetation management work up to 150 feet on all sides of a legally permitted structure. Status: Passed out of the Senate Natural Resources and Water Committee. RCRC Position: Support

 

AB 2142 (Chesbro) Timber Harvesting Plans: AB 2142 would extend the Forest Fire Prevention Exemption pilot project, as created by AB 744 of 2013, to include additional areas of the state that have significant fire hazard risks. Status: Passed out of the Senate Natural Resources and Water Committee. RCRC Position: Support

 

AB 2184 (Chesbro) Forest Restoration Grants: AB 2184 would authorize funding from the Timber Regulation and Forest Restoration Fund to be used by the California Department of Forestry and Fire Protection to provide grants to remediate former marijuana growing operations.  Status: AB 2184 gained passage in the Senate Natural Resources Committee and awaits consideration in the Senate Appropriations Committee.  RCRC Position: Support

 

AB 2311 (Bradford) General Assistance - Employable Veterans: Current law allows a county to prohibit an employable individual from receiving these benefits for more than 3 months in a 12 month period, provided they have been offered a job training opportunity. AB 2311 would exclude employable veterans who were honorably discharged from the armed forces from this prohibition and impose a statewide mandate for a specific population. Status: Passed out of the Assembly Human Services Committee. RCRC Position: Oppose

 

AB 2415 (Ting) Property Tax Agents: AB 2415 would require individuals, as defined, acting as property tax agents to register with the California Secretary of State to ensure adequate protections for property owners and local governments.  Status: AB 2415 gained passage in the Senate Governance and Finance Committee and awaits consideration in the Senate Appropriations Committee.  RCRC Position: Support

 

AB 2471 (Frazier) Public Contracts - Change Orders: AB 2471 would require a local public agency to issue a change order to public works contracts within 60 days of reaching an agreement with a contractor for a public change order or be held liable for payment of the contractor’s invoice and or additional work that was provided.  Status: AB 2471 gained passage in the Senate Governmental Organization Committee and awaits consideration in the Senate Appropriations Committee.  RCRC Position: Oppose

 

SB 1137 (Torres) School Transportation Apportionments: SB 1137 would reimburse school districts for 50 percent of approved transportation costs. Status: Passed out of the Assembly Education Committee. RCRC Position: Support

 

SB 1262 (Correa) Medical Marijuana - Regulation of Physicians, Dispensaries, and Cultivation Sites: SB 1262 would require the State Department of Consumer Affairs to license dispensing facilities and cultivation sites that provide, process, and grow marijuana for medical use, among various other things.  Status: SB 1262 gained passage in the Assembly Business, Professions and Consumer Protections Committee and awaits consideration in the Assembly Public Safety Committee.  RCRC Position: Strong Concerns

 

SB 1341 (Mitchell) Medi-Cal - Statewide Automated Welfare System: SB 1341 would require SAWS to be the system of record for Medi-Cal, and contain all Medi-Cal eligibility rules and case management functionality. Status: Passed out of the Assembly Health Committee. RCRC Position: Support

 

SB 1364 (Fuller) Telecommunications Universal Service Programs: SB 1364 would expand and extend the funding base for the state’s universal service and telecommunications programs which help support the deployment of communication services in California.  Status: SB 1364 gained passage in the Assembly and Commerce Committee and awaits consideration in the Assembly Appropriations Committee.  RCRC Position: Support