The Barbed Wire - March 27, 2015

March 27, 2015
RCRC Chair Testifies Before Senate Natural Resources and Water Committee
House Approves Secure Rural Schools Funding
Drought Relief Package
Water Storage Investment Program Meeting
Active Transportation Program Guidelines/Call-for-Projects Announced
Senator Feinstein Supports Wildfire Funding Adjustment in Budget
Senate Committee Holds Hearing on Forestry Management
House Natural Resources Committee Budgetary Hearing with Reclamation Commissioner
Study Finds Marijuana Growth puts Strain on Northern California Rivers
Support for Final Waters of the U.S. Rule Eroding
VA Expands Access for Rural Veterans
RCRC Board Member Represents Local Government at Senate Roundtable on Indian Land Acquisition
House Judiciary Committee Passes Anti-Regulatory Bills
BULLETIN BOARD
LEGISLATIVE UPDATE

RCRC Chair Testifies Before Senate Natural Resources and Water Committee

This week, RCRC Chair Lee Adams (Sierra County) testified on two bills in the opening session of the state Senate Natural Resources and Water Committee.  Senate Bill 198 by Senator Mike Morrell (R-Rancho Cucamonga) would repeal the State Responsibility Area (SRA) Fee, and Senate Bill 209 by Committee Chair Fran Pavley (D-Agoura Hills) is a  bill that would make changes to the Surface Mining and Reclamation Act of 1975 (SMARA). 

Supervisor Adams testified in support of repealing the SRA Fee, and in opposition unless amendments were taken to SB 209.  Supervisor Adams committed that RCRC would  continue working with the author’s office to reach consensus on SB 209.  SB 198 did not pass out of Committee, while SB 209 moves onto the Senate Appropriations Committee.  Additionally, the Brown Administration is also looking to address SMARA during this legislative year, and it is not yet clear how SB 209 and other SMARA-related legislation will coincide with the Administration effort.

House Approves Secure Rural Schools Funding

On Thursday, by a vote of 392-37, the U.S. House of Representatives passed H.R. 2, commonly referred to as the “Doc Fix” (California Congressional Delegation Roll Call Vote can be accessed here).  The primary purpose of the “Doc Fix” is to restructure Medicare reimbursements; however, attached to the measure were provisions which provide a two-year extension of the Secure Rural Schools and Self-Determination Act (SRS).  SRS provides funding to county governments and schools districts to mitigate the reduction of timber harvesting production authorized on federal forest lands.  The SRS extension is estimated to provide California counties and schools nearly $27.3 million in 2014 and $25.9 million in 2015.  SRS has been reauthorized multiple times since it was first enacted in 2000.   

The Doc Fix is expected to be considered by the U.S. Senate when they return from their two-week Spring Recess.  The Senate had been poised to debate H.R. 2 today – the last day before the Spring Recess; however, a number of Senate Republican members objected to expediting the process for the bill’s consideration.  President Obama has indicated his support for the measure.

Assuming the enactment of H.R. 2 in the coming weeks, RCRC will shift our federal advocacy focus to long-term reauthorization of the federal Payment In Lieu of Taxes (PILT) program.  Prior to the 113th Congress adjourning last December, Congress authorized $450 million in payments to counties throughout the country under the federal PILT program for the 2015.  RCRC will be advocating for a multi-year reauthorization and will request Congress to act before September 30th, the end of the federal government’s fiscal year. 

In addition, RCRC will also be advocating for long-term forestry reform.  It is expected that later in the year the House of Representatives will consider a comprehensive forestry reform measure that could replace SRS.

Earlier this year, RCRC initiated a multi-pronged advocacy and media strategy, which included passage of local county Resolutions urging Congress to pass long-term extensions to both the SRS and federal PILT programs.  To date, 25 rural counties have adopted SRS Resolutions and 27 rural counties have adopted federal PILT Resolutions. 

Drought Relief Package

Introduced earlier this week, the Administration’s legislative drought relief package passed off the Senate Floor late Wednesday, and the Assembly Floor on Thursday.  The two bill package, Assembly Bill 91 and Assembly Bill 92, was immediately sent to the Governor.  The Governor signed the two bills the following day.  The legislation contains an urgency clause and will go into effect immediately.  AB 91 contains amendments to the 2014 Budget Act to include new appropriations to address urgent drought needs.  While AB 91 passed with bipartisan votes in both houses, AB 92 passed largely on a party line vote.  This was due to Republican concern with inclusion of language relating to the Department of Fish and Wildlife (DFW).  

The two bill package proposes expenditure of just over $1 billion for drought related activities.  Specifically, the package accelerates $101 million in expenditures from the Governor’s proposed 2015-16 Budget to provide direct assistance to workers and communities impacted by drought, and to implement the Water Action Plan.  It also includes $267 million in Proposition 1 bond funding for safe drinking water and water recycling and accelerates $660 million from the Proposition 1E for flood protection in urban and rural areas.

Included in the additional $31 million that was not in the Governor’s proposed 2015-16 Budget is funding for the following:

  • $17 million in additional funding for emergency food aid in the counties most impacted by the drought;
  • $4 million for emergency drinking water in disadvantaged communities; and
  • $5 million to the Department of Water Resources to provide emergency drinking water support for small communities, including addressing private wells.

The provisions of AB 92 include:

  • The DFW is provided with enhanced authorities, including the ability to impose civil penalties where diversions are obstructing fish passage;
  • The creation of the Office of Sustainable Water Solutions (Office) within the State Water Resources Control Board (State Water Board).  The Office is intended to help small communities apply for state and federal funding to help clean up drinking water, help communities consolidate water systems to provide economies of scale and provide technical assistance to small communities that do not have the resources or staff to work on clean drinking water issues;
  • Transfer of $10 million to the CalConserve Revolving Fund for two water conservation and water use efficiency pilot programs;
  • The suspension of state contracting provisions for drought emergencies which allows contracts for projects related to the Governor’s state of emergency to be expedited by waiving traditional contracting provisions; and,
  • Amendments to existing law to ensure that funding provided to local governments in response to an emergency is not subject to payment of prevailing wage requirements.

The text of AB 91 can be accessed here.  The text of AB 92 can be accessed here.

Water Storage Investment Program Meeting

The first meeting of the California Water Commission’s (CWC) Water Storage Investment Program (WSIP) Stakeholder Advisory Committee (SAC) will be held on April 1, 2015 from 9:00 a.m. to 4:00 p.m. in Sacramento.  The objectives for the first meeting include briefings for the SAC on the WSIP schedule, including the SAC role and associated public events; WSIP goals, objectives, and principles;  the governing statute, regulations, guidelines and proposal solicitation package; the eligibility criteria; and, to review the proposed draft approach to quantifying public benefits.  The meeting agenda can be accessed here

The WSIP Near-Term Communications and Engagement Timeline (March 2015-October 2015) can be accessed here.  The timeline includes the dates of WSIP SAC meetings, CWC meetings and workshops, public meetings, and the two day tribal consultation workshop.  There will be six public meetings, in different regions of the state, to inform citizens about the program and provide a chance for public input on the regulations and program development/implementation.

Active Transportation Program Guidelines/Call-for-Projects Announced

The California Transportation Commission (CTC) announced posting the 2015 Active Transportation Program (ATP) Guidelines and ATP Cycle 2 Call-for-Projects.  The ATP program was established in 2013 through passage of Senate Bill 99 (Senate Budget and Fiscal Review Committee), which consolidated several state and federal transportation programs to support active transportation, including the Transportation Alternatives Program, Recreational Trails, and Safe Routes to Schools programs. 

RCRC worked closely with state and local transportation stakeholders over the past two years to develop the ATP Guidelines, Application, and Scoring Criteria.  Over the last several months, RCRC has advocated for updates to the Cycle 2 of the ATP program to improve rural communities’ ability to compete within the statewide competitive component of the program.  The California Department of Transportation (Caltrans) will accept ATP project applications until June 1, 2015.  The 2015 ATP Guidelines can be accessed here, and ATP Cycle 2 Call-for-Projects can be accessed here.

As a reminder, Caltrans is hosting two sets of workshops in each Caltrans District to provide an overview of the ATP Cycle 2 program and technical assistance developing proposals for funding.  Detailed information for these workshops can be accessed here

Senator Feinstein Supports Wildfire Funding Adjustment in Budget

With the start of the traditional wildfire season approaching, the Senate will debate an amendment to the chamber’s Fiscal Year 2016 Budget Resolution that would allow the Senate to assume the passage of the Wildfire Disaster Funding Act (WDFA) when the chamber begins its work on U.S. Forest Service (USFS) appropriations later this spring.  The amendment was originally authored by Senator Ron Wyden (D-OR) and Senator Mike Crapo (R-ID).  Senator Dianne Feinstein (D-CA) has agreed to cosponsor the language.  The amendment will be considered during the Senate’s twelve hour vote-a-rama, an unusual voting process for the Senate as they shorten debate and vote on competing federal priorities.  The wildfire language is expected to pass as only 50 votes are needed during this voting pattern.  RCRC has long been a strong supporter of the WDFA, both independently, and with its partner the California Forest Watershed Alliance (CAFWA), and has supported all budget steps needed to ensure this reform in funding structure for wildfire suppression and forest management activities.

Senate Committee Holds Hearing on Forestry Management

The Senate Committee on Energy and Natural Resources held a hearing to discuss potential reforms to the nation’s forestry management practices this week.  Representatives of the logging industry discussed the need to increase the amount of timber cut on national forests.  The Obama Administration did not disagree with this statement, but noted that U.S. Forest Service (USFS) resources are increasingly being diverted to fight wildfires in the West, and urged the Committee to address the funding structure issue as a means to allow for additional forest management work to be done. 

House Natural Resources Committee Budgetary Hearing with Reclamation Commissioner

On Tuesday, the House Natural Resources Committee held a budgetary hearing in which Bureau of Reclamation Commissioner Estevan Lopez provided testimony on Reclamation’s FY16 proposed budget.  The drought in California was a popular topic of conversation between the Members and the Commissioner.  Both Democrats and Republicans pressured the Commission to have Reclamation do more to help with the drought.  Several Members of the California House Delegation pressed the Commissioner about specific actions Reclamation could take to help alleviate the impacts of the drought, such as purchasing water to help communities in the Central Valley and sending the extra water from Lake Shasta to heavily drought-impacted regions of the state.  

Study Finds Marijuana Growth puts Strain on Northern California Rivers

A recent study by the California Department of Fish and Wildlife (DFW) demonstrates that marijuana cultivation poses a serious threat to Northern California rivers and aquatic species.  The study found that large marijuana plants use about 22 liters of water per day, per plant, which is almost double the amount of water used to grow wine grapes.  “All of the streams that we monitored on the watersheds with large-scale marijuana cultivation went dry” states Scott Bauer, a senior environmental scientist with the California Department of Fish and Wildlife and the study's lead author.  "The only stream we monitored that didn't go dry contained no observed marijuana cultivation."  All four watersheds are home to coho salmon, which are listed as threatened on the state and federal levels, and have been classified by the Environmental Protection Agency (EPA) as suffering from sedimentation and elevated temperatures.  Drawing down these water levels puts the salmon at greater risk.  

Support for Final Waters of the U.S. Rule Eroding

Support among Senate Democrats for the Environmental Protection Agency’s (EPA) proposed rule changing the definition of Waters of the United States (WOTUS) seems to be eroding as the agency moves closer to publishing a final rule.  The Senate Agriculture Committee held a hearing this week aimed at examining potential impacts of the rule on rural America, with particular interest on impacts to farming activities.  The harsh critiques from Committee Republicans were expected, however, it was the Democrats from farm-heavy states that surprised at the hearing. 

Senators Joe Donnelly (D-IN), Heidi Heitkamp (D-ND), and Amy Klobuchar (D-MN) expressed concerns with the proposed rule that had been raised by local interest groups throughout their home states.  Senator Klobuchar specifically mentioned the concerns of Minnesota’s rural communities as reason to consider slowing the finalization of a rule.  On Wednesday evening, their concerns were turned into outright support in opposition to the Administrations Clean Water rule.  The group of three Democrats was joined by Senator Claire McCaskill (D-MO) in voting in favor of a Budget Resolution amendment that would ban funds in fiscal year 2016 for the development or promulgation of a final rule.  The Senate now has a filibuster-proof 60 votes in support of legislation banning the EPA from moving forward with the rule.

VA Expands Access for Rural Veterans

This week, the Department of Veterans Affairs (VA) announced the expansion of eligibility for the Veterans Choice Program by changing the calculation used to determine the distance between a Veteran’s residence and the nearest VA facility from a straight line, or as the crow flies, to driving distance as calculated by Google maps or other sites.  This change is expected to nearly double the number of veterans eligible to seek care in their communities rather than in a VA facility. 

President Obama signed the Veterans Access, Choice, and Accountability Act of 2014, H.R. 3230 (Rogers, R-KY), last year, which allowed veterans to seek private care at non-VA hospitals and clinics, if the veteran lived more than 40 miles from a VA facility, or if they are unable to get an appointment with a physician within a thirty-day timeframe.

The change addresses complaints from lawmakers and advocates, including RCRC, who say the VA’s current policy has prevented thousands of veterans from accessing high quality, timely healthcare.  

RCRC Board Member Represents Local Government at Senate Roundtable on Indian Land Acquisition

Supervisor Diane Dillon (Napa County) joined Supervisor David Rabbitt (Sonoma County) to represent the interests of local government at a roundtable discussion this week regarding the Fee-to-Trust acquisition process for Indian lands.  The roundtable was convened by the Senate Select Committee on Indian Affairs, which is contemplating new legislation to respond to the 2009 U.S. Supreme Court decision Carcieri v. Salazar, 555 U.S. 379 (Carcieri) that limited the federal government’s ability to take land into trust for certain tribes. 

Committee Chairman John Barrasso (R-WY) invited county and tribal associations to participate in a professionally mediated discussion after a six-year stalemate in tribes seeking to restore trust acquisitions for tribes that were federally recognized after 1934 and local governments’ desire for the right to have input into the process regarding off-site impacts to communities and public services in counties surrounding and adjacent to tribal lands.  Supervisors Dillon and Rabbitt called for earlier notification, increased transparency, and incentives for cooperative agreements between local governments and tribes in the trust acquisition process. 

While no consensus was reached or expected, participants claimed greater understanding of each other’s position on the issue than in previous discussions.  Tribal representatives reiterated that a “clean fix” to Carcieri needed to be addressed first to restore land acquisition for all tribes, after which local governments’ concerns could be addressed.  However, the supervisors emphasized that now is the time for comprehensive improvements to the process to ensure more timely decisions, less litigation, and greater assurance that off-site impacts will be mitigated. 

 

“A ‘quick fix’ is not a ‘clean fix’ for counties,” said Supervisor Diane Dillon, “If legislation is passed overturning Carcieri without addressing the shortfalls and inconsistencies in the federal fee-to-trust process at the same time, these issues are unlikely to ever be resolved.  The strength of a community, the integrity of its infrastructure, and the safety of the public are not just a county’s issues, but those of the local tribes as well, so it makes sense to address them in a mutually beneficial way that is fair to both.”

House Judiciary Committee Passes Anti-Regulatory Bills

On Tuesday, the House Judiciary Committee approved four bills that would tighten the federal rulemaking process.  Democrats offered amendments to try and alter the bills but were unsuccessful. 

The four bills that were passed by the Committee are as follows:

  • “Responsibility and Professionally Invigorating Development Act of 2015” (HR 348).  Introduced by Rep. Tom Marino (R-PA), this bill would speed up environmental reviews by establishing hard deadlines.
  • “Searching for and Cutting Regulations That Are Unnecessary and Burdensome Act of 2015” (HR 1155).  Introduced by Rep. Jason Smith (R-MO), this bill would set up a commission to provide Congress with recommendations to eliminate certain regulations.
  • “Providing Accountability Through Transparency Act of 2015” (HR 690).  Introduced by Rep.  Blaine Luetkemeyer (R-MO), this bill would require every proposed rule to include a link on regulations.gov of a short summary of what the rule does.
  • “Sunshine for Regulatory Decrees and Settlements Act of 2015” (HR 712).  Introduced by Rep. Doug Collins (R-GA), this bill would require federal agencies to share more information about consent decrees and settlements and could let outside affected parties intervene in settlement negotiations.

While these bills will likely pass the House, it will be a struggle to get enough Democratic votes in the Senate to send the bills to the President.  President Obama would likely veto the bills if they were sent to him for his signature. 

BULLETIN BOARD

Natural Resources Agency Establishes Listserv for Proposition 1 Bond Accountability Website

The California Natural Resources Agency has established a listserv for the Bond Accountability Website.  The website, accessed here, will host information about grants and other activities related to the implementation of Proposition 1 – the Water Bond.  To subscribe to the Listserv, click here.

Local Government Commission to Provide Drought Response Training – Issues Interest & Needs Assessment

Click here

Sustainable Groundwater Management Act: Basin Boundary Revisions Public Listening Sessions

Click here

LEGISLATIVE UPDATE

AB 323 (Olsen): California Environmental Quality Act: Exemption: Roadway Improvement.  Assembly Bill 323 would extend the sunset, until January 1, 2020, on an exemption from the California Environmental Quality Act (CEQA) for projects to repair, maintain, and make minor alterations to existing roadways, provided the project is carried out by a city or county with a population of less than 100,000, to improve public safety, and meets other specified conditions.  Status: Passed out of the Assembly Natural Resources Committee.  RCRC Position: Support

SB 234 (Wolk & Nielsen): Wildlife Management Areas: Payments.  Senate Bill 234 would appropriate $19 million to the Department of Fish and Wildlife to make payments to the 36 impacted counties for unpaid amounts due under payment in lieu of taxes.  Status: Passed out of the Senate Natural Resources and Water Committee.  RCRC Position: Support/Sponsor