The Barbed Wire - May 01, 2015

May 1, 2015
ACTION ALERT: RCRC Urges Member County Opposition on AB 1315
New Approach for Sacramento-San Joaquin Delta Announced
Proposed Drought-Related Emergency Regulations Available for Review and Comment
Administration to Propose Water Conservation Enforcement Legislation
North Coast Water Board Proposes Environmental Requirements on Marijuana Growers
State Agencies to Implement Water Energy Technology Program
RCRC Chair Testifies on Resources Related Bills
Bipartisan Senate Bill Calls for New Clean Water Rule
Senate Environment and Public Works Passes EPA 'Secret Science' Bill
House Panel Votes Down Attempt to Strike Sage Grouse Language
FY 2016 Energy & Water Spending Bill on House Floor
House Appropriations Subcommittee Approves FY 2016 Transportation and Housing Bill
State Board of Food and Agriculture Drought Forum (Fresno)
LEGISLATIVE UPDATE
REGULATORY UPDATE

ACTION ALERT: RCRC Urges Member County Opposition on AB 1315

This week, Assembly Bill 1315 by Assemblymember Luis Alejo (D-Salinas) passed out of the Assembly Local Government Committee on a 8-0 vote.  AB 1315 is sponsored by a coalition of contractor organizations including the Associated General Contractors and Construction Employers Association.

RCRC and a coalition of local public agencies voiced strong opposition to the bill which would prohibit public agencies from delegating to a contractor the development of a stormwater pollution prevention plan (SWPPP), water pollution control program, or any other plan required by a Regional Water Board to prevent or reduce water pollution or runoff on a public works project.  The bill will next be heard in the Assembly Appropriations Committee.  

RCRC urges member counties to oppose AB 1315, and make their opposition known to their representatives in the Assembly.  Please include the impacts that this prohibition would have on your county in opposition letter, and send copies to RCRC. 

The coalition’s opposition letter can be accessed here.  The text of AB 1315 and the Assembly Local Government Committee analysis can be accessed here.

New Approach for Sacramento-San Joaquin Delta Announced

Governor Brown, along with other state and federal officials, announced this week a new approach for the Sacramento-San Joaquin Delta.  The revised approach is known as California EcoRestore and California WaterFix (Alternative A4), and replaces the Bay Delta Conservation Plan (BDCP). 

California Ecorestore will pursue 30,000 plus acres of fish and wildlife habitat restoration over the next five years.  Proposition 1 funds and other state public dollars will be directed for public benefits unassociated with any regulatory compliance responsibilities.  California WaterFix  will include ~2,100 acres of habitat restoration to mitigate for the construction and operation of new water facilities.  These costs will be paid for by water agencies benefiting from the project.  

California WaterFix proposes two 40 foot tunnels up to 150 feet below ground with three new intakes, each with 3,000 cubic feet per second (CFS) capacity.  The tunnel option and intake design has been refined to make various changes to the previous BDCP proposal.  California WaterFix will be available for public comment through a Recirculated Draft EIR/Supplemental EIS expected to be released late June 2015.

According to Administration officials it is anticipated that the environmental permitting process for the twin tunnels will be completed in April 2016.  A fact sheet on California EcoRestore and California WaterFix can be accessed here.

Proposed Drought-Related Emergency Regulations Available for Review and Comment

The State Water Resources Control Board (State Water Board) has released for review their proposed drought-related emergency regulations requiring a 25 percent water conservation standard.  The proposed regulations, a fact sheet, and proposed urban water usage tiers can be accessed here.  

Written comments on the proposed regulations must be received by 10:00am on Monday, May 4, 2015, addressed to:

Jeanine Townsend, Clerk to the Board

State Water Resources Control Board

1001 I Street, 24th Floor

Sacramento, CA 95814

Comment letters may be submitted electronically in pdf text format (less than 15 megabytes in total size) to the Clerk of the Board via e-mail at commentletters@waterboards.ca.gov.  If the file is greater than 15 megabytes in total size, then the comment letter may be submitted by fax to (916) 341-5620.  All comments should indicate on the subject line: “Comment Letter – Emergency Conservation Regulation.”

The State Water Board will consider adoption of a proposed Resolution amending and readopting the drought-related emergency regulations for urban water conservation to implement Executive Order B-29-15 on May 5, 2015.  The agenda with a link to the Resolution can be accessed here.  RCRC’s comment letter to the State Water Board can be accessed here.

Administration to Propose Water Conservation Enforcement Legislation

In a meeting with mayors earlier this week, the Governor announced he will propose legislation to help local officials enforce conservation requirements, and will direct state agencies to streamline environmental review of local water supply projects.  The proposed legislation will give new enforcement authority to local entities that don’t currently have it, and increase potential penalties against water wasters.  

Specifically the proposed legislation would:

  • Establish a new penalty of up to $10,000 per violation, expanding on $500 per day maximum infraction established in last year’s drought legislation;
  • Allow penalties to be issued administratively by wholesale and retail water agencies, as well as city and county governments.  This change speeds up an infraction process involving courts that was established in last year’s emergency drought legislation;
  • Enable these entities to enforce local water restrictions against water waste, as well as conservation restrictions established by the State Water Resources Control Board; and,
  • Allow local public agencies to deputize staff to issue water conservation-related warnings and citations.

The proposed legislation will give all water agencies and local governments a consistent set of enforcement authorities to achieve required water conservation.  Local water agencies with existing authorities to enforce against water waste can continue to use those authorities.  Under the proposed legislation, any monetary penalties from this enforcement will be used for local conservation efforts.

Additionally, the Governor has directed his Office of Planning and Research and other state agencies to help local water agencies reduce the time required to comply with state-required environmental reviews.  These permit streamlining efforts will focus on projects that can increase local water supplies with limited environmental impacts.  The Governor’s Office also intends to explore legislative changes that can speed-up delivery of critical water supply projects.

North Coast Water Board Proposes Environmental Requirements on Marijuana Growers

The North Coast Regional Water Quality Control Board has released draft Waiver of Waste Discharge Requirements for marijuana cultivation activities for public review and comment.  The proposal, which has been in development for several months, is the first in California to impose new environmental requirements on cannabis growers, and could serve as a model for similar programs in other regions.  A public workshop has been scheduled for May 7, 2015 in Eureka, and comments are due by June 8, 2015.  

The environmental impacts from marijuana cultivation, both legal and illegal, on water and wildlife have been well documented by researchers around the state, particularly with respect to pesticides, water diversion, and soil erosion.  These impacts have, in many instances, had devastating effects on local water supplies in RCRC member counties, where marijuana cultivation has become increasingly prolific.  Several RCRC member counties have been working directly with the State Water Board and regional boards, along with the California Department of Fish and Wildlife, the USDA Forest Service, and other agencies on local environmental crimes task forces to identify and mitigate the negative effects on water quality and wildlife.  Other California regional boards, such as the Central Valley Regional Water Quality Control Board, are also in the process of creating regulatory programs to address the impacts from marijuana cultivation.  In addition, Assemblymember Jim Wood has introduced Assembly Bill 243 to mandate that all regional boards to develop similar requirements to those being proposed by the North Coast Water Board.

The proposed order and related documents can be accessed here.

State Agencies to Implement Water Energy Technology Program

The California Energy Commission (Energy Commission), in conjunction with the Department of Water Resources (DWR) and the State Water Resources Control Board (State Water Board), will initiate a Water Energy Technology (WET) program to provide funding for technologies that meet certain criteria including significant water savings, energy savings, and the reduction of greenhouse gas emissions in the areas of agriculture, commercial, residential, and water treatment and recovery.

The Energy Commission, DWR and the State Water Board are developing the WET program eligibility and application process.  The WET program is scheduled to begin this summer.  Full details on the program can be accessed via RCRC’s Drought webpage, here.

RCRC Chair Testifies on Resources Related Bills

On Monday, RCRC Chair Lee Adams (Sierra County) was in Sacramento to testify on behalf of RCRC in support of two Natural Resources-related bills, Assembly Bill 590 by Assemblymember Brian Dahle (R-Bieber), and Assembly Bill 1142 by Assemblymember Adam Gray (D-Merced).  

AB 1142, regarding the Surface Mining and Reclamation Act (SMARA), will improve the certainty, quality, and accuracy of annual inspections and financial assurances under SMARA.  AB 590 creates the Biomass State Cost Share Account within the Greenhouse Gas Reduction Fund (GGRF) allowing for GGRF monies to be utilized for the support of biomass infrastructure in order to assist in bringing California’s forests back into a healthy and fire-resilient state.  RCRC supports both measures.  RCRC AB 1142 support letter can be accessed here.  RCRC’s AB 590 support letter can be accessed here.

“It’s always a privilege to represent RCRC’s position in front of the Legislature,” said Supervisor Adams.  “Today, I got to present on two key priorities to our membership, biomass and mining, making the trip particularly worthwhile.”

Bipartisan Senate Bill Calls for New Clean Water Rule

Key members of the Senate Environment and Public Works Committee have introduced a bill to halt the pending rule regarding Waters of the U.S. (WOTUS) and to provide direction to the federal agencies for drafting a substitute rule.  The draft Senate bill is more prescriptive than legislation (H.R. 1732) now being considered in the House, which would force repeal of the proposed rule and require a new rulemaking process that engages state and local governments.  The Senate bill lists waters that should be exempted from designation as WOTUS, including facilities that store, treat, or convey storm water, wastewater, water supply, and agriculture.  However, these provisions are recommendations, not statutory requirements, for the agencies to consider when rewriting the rule.  The bill has bipartisan cosponsors and is expected to be voted on by the Committee in the coming months.

Senate Environment and Public Works Passes EPA 'Secret Science' Bill

Earlier this week, the Senate Environment and Public Works Committee approved S. 544, “The Secret Science Reform Act," on a party line vote of 11-9.  S. 544 would prohibit the Environmental Protection Agency (EPA) from finalizing rules that are based on science that is not "transparent or reproducible."  It would also compel EPA to make publicly available all the studies and data that go into its rulemakings.  Last month, the House passed its version of the bill (H.R. 1030), also mostly along party lines, despite a White House veto threat.  In its veto threat against the House bill, the White House said that the legislation would impose "arbitrary, unnecessary and expensive requirements."

House Panel Votes Down Attempt to Strike Sage Grouse Language

On Wednesday, the House Armed Services Committee voted against striking a provision from the FY2016 National Defense Authorization Act (NDAA) that would deny the U.S. Fish and Wildlife Service (USFWS) from a potential listing of the sage grouse for the next ten years.  In a 26-36 vote, Committee Republicans were able to vote in defense of the language.  The potential listing of the sage grouse continues to be one of the most contentious endangered species listings in recent years.  The USFWS recently announced their decision not to list the California/Nevada distinct population of the species as endangered, but a general listing of the species may still have impacts within the state. 

FY 2016 Energy & Water Spending Bill on House Floor

The House is considering the FY 2016 Energy and Water Appropriations measure.  H.R. 2028 would provide fiscal 2016 funding for the Army Corps of Engineers (Corps), the Bureau of Reclamation, and the Department of Energy. The bill would boost overall energy and water spending by $1.2 billion over fiscal 2015 enacted levels.  The legislation’s total price tag is $35.4 billion.  

The bill also contains controversial report language that prohibits the Corps from using any funds to implement the proposed rule on WOTUS, and expresses the Committee’s concerns about the Federal Flood Risk Management Standards.  Earlier this week, the White House threatened to veto the House legislation over its Clean Water Act policy riders and cuts to clean energy programs.

The measure also directs the Bureau of Reclamation to provide Congress a report that details all existing federal authorizations which could be used to provide additional water supply to drought prone areas.  The report is expected to also outline an assessment of opportunities to accelerate actions to provide water supply and R &D investments that could expand or maximize existing supplies through water quality improvements such as addressing salinity or impaired water.

House Appropriations Subcommittee Approves FY 2016 Transportation and Housing Bill

This week, the House Subcommittee on Transportation and Housing and Urban Development approved the FY 2016 funding bill for federal transportation and housing programs.  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, which would be cut by $262 million to $1.4 billion and the Transportation Investment Generating Economic Recovery (TIGER) grant program, which would be 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, while the HOME Investment Partnerships program, which provides housing assistance, would also be funded at the same level as this year, $900 million.  The bill will now move to the full Appropriations Committee for consideration.  

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 34 (Bonta): Medical Cannabis Regulation and Enforcement.  Assembly Bill 34 would establish a statewide regulatory, licensing, and enforcement framework for medical marijuana for medical marijuana dispensaries, cultivation, transportation, and manufacturing of medical marijuana and products containing medical marijuana.  Status: AB 34 gained passage in the Assembly Business and Professions Committee and awaits consideration in the Assembly Appropriations Committee.  RCRC Position: Watch

AB 46 (Lackey): Controlled Substances.  Assembly Bill 46 would restore the criminal penalties for possession of “date rape” substances (commonly referred to as GHB) that were in place prior to the passage of Proposition 47.  Status: AB 46 was placed on the Assembly Appropriations Suspense Committee.  RCRC Position: Support

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 Environmental Safety and Toxic Materials Committee and awaits consideration in the Assembly Appropriations Committee.  RCRC Position: Support

AB 247 (Waldron): Animal Control Officers.  Assembly Bill 247 would require animal control officers to complete a course in the exercise of powers of arrest/serving warrants as well as require continuing education requirements.  Status: AB 247 is on suspense in the Assembly Appropriations Committee.  RCRC Position: Concerns

AB 266 (Cooley): 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 Business and Professions Committee and awaits consideration in the Assembly Appropriations Committee.  RCRC Position: Watch

AB 288 (Holden): Public Schools: College and Career Access Pathways.  Assembly Bill 288 would establish the Career Access Pathways Act and expand access to concurrent enrollment programs for students by allowing college courses to be offered on high school campuses.  Status: AB 288 gained passage in the Assembly Education Committee.  RCRC Position: Support 

AB 325 (Wood): Community Development Block Grant Program: Funds.  Assembly Bill 325 would require the Department of Housing and Community Development (HCD) to respond to completed Community Development Block Grant applications within 60 days, and if the applicant is denied by the state agency, requires HCD to list the reasons for denial and what steps need to be taken for approval.  Status:  AB 325 gained passage in the Assembly Housing and Community Development Committee and awaits consideration in the Assembly Appropriations Committee.  RCRC Position: Support

AB 590 (Dahle): Greenhouse Gas Reduction Fund.  Assembly Bill 590 would establish the Biomass State Cost Share Account within the Greenhouse Gas Reduction Fund (GGRF).  Status: AB 590 gained passage in the Assembly Utilities and Commerce Committee and awaits consideration in the Assembly Appropriations Committee.  RCRC Position: Support 

AB 889 (Chang): Concurrent Enrollment in School and Community Colleges.  Assembly Bill 889 would allow students to concurrently enroll in Science, Technology, Engineering, and Math (STEM) courses at the community college level provided certain requirements are met.  AB 889 will open up more options for rural high school students who choose to study within the STEM fields, allowing them greater access to educational opportunities and helping to strengthen California’s technology workforce.  Status: AB 889 gained passed in the Assembly Education Committee.  RCRC Position: Support

AB 1104 (Rodriguez): Search Warrants.  Assembly Bill 1104 would provide clarification regarding existing search warrant authority involving the possession of controlled substances.  Status:  AB 1104 gained passage in the Assembly Public Safety Committee and on the Assembly Floor.  The bill awaits committee assignment in the Senate.  RCRC Position: Support

AB 1142 (Gray): Mining and Geology.  Assembly Bill 1142 would require enhanced training of local government personnel through the development of a curriculum by the State Geologist to include inspection techniques, proper use of the inspection form, and calculation for financial assurances.  RCRC supports provisions that improve the certainty, quality, and accuracy of annual inspections and financial assurances.  Status: AB 1142 gained passage in the Assembly Natural Resources Committee and awaits consideration in the Assembly Appropriations Committee.  RCRC Position: Support  

AB 1262 (Wood): Telecommunications: Universal Service.  Assembly Bill 1262 would transfer $5 million collected for the California Advanced Services Fund from the Broadband Infrastructure Revolving Loan Account to the Rural and Urban Regional Broadband Consortia Account to support regional broadband deployment and expansion.  Status: AB 1262 gained passage in the Assembly Appropriations Committee and awaits consideration on the Assembly Floor.  RCRC Position: Support

AB 1315 (Alejo): Public Contracts: Water Pollution Prevention Plans: Delegation.  Assembly Bill 1315 would prohibit a public entity from delegating to a contractor the development of a plan to prevent or reduce water pollution or runoff on a public works project.  The bill would also prohibit a public entity from requiring a contractor on a public works contract that includes compliance with a plan to assume responsibility for the completeness and accuracy of a plan developed by the entity.  Status: AB 1315 gained passage in the Assembly Local Government Committee.  RCRC Position: Oppose

AB 1347 (Chiu): Public Contracts Claims.  Assembly Bill 1347 would mandate a new claims resolution process that would require non-binding mediation to resolve a dispute on all public contracts.  Status: AB 1347 gained passage in the Assembly Accountability and Administrative Review Committee and awaits consideration in the Assembly Appropriations Committee.  RCRC Position: Oppose

AB 1390 (Alejo): Groundwater: Adjudication.  Assembly Bill 1390 would streamline procedures used in a legal action to obtain a basin-wide adjudication of groundwater rights.  Among the issues of concern to counties is that the bill makes counties automatic parties to the adjudication regardless of whether the county has an interest in the adjudication action or not, and the requirement that notice of the adjudication action and form answer be distributed via property tax bills.  Status: AB 1390 gained passage in the Assembly Judiciary Committee.  RCRC Position: Concerns

SB 16 (Beall): Transportation Funding.  Senate Bill 16 would increase various fees and taxes associated with a variety of transportation-related funding sources to raise approximately $3 - $5 billion in overall funding for the state and local transportation system.  Status: SB 16 gained passage in the Senate Transportation and Housing Committee and was re-referred to the Senate Governance and Finance Committee.  RCRC Position: Watch

SB 191 (Block): School Transportation: Apportionments.  Senate Bill 191 would increase state allocations for school transportation funding over a seven year period from the 2015-16 through the 2021-22 fiscal years.  Status: SB 191 was placed on the Senate Appropriations Suspense File.  RCRC Position: Support

SB 208 (Lara): Integrated Regional Water Management Plan: Advanced Payment.  Senate Bill 208 would establish a process that would require the state agency administering the Integrated Regional Water Management grant funding to provide 50 percent of the funding in advance if the project proponent is a non-profit organization or a disadvantaged community, or the project would benefit a disadvantaged community and the grant for the project is less than one million dollars.  Status: SB 208 was placed on the Senate Appropriations Committee Suspense File.  RCRC Position: Support

SB 239 (Hertzberg): Local Services: Contracts: Fire Protection Services.  Senate Bill 239 would require a local agency to enter into a written agreement for the performance of new or extended services pursuant to a fire protection reorganization contract with each affected public agency and recognized fire protection employee organization prior to submitting to the local LAFCO a resolution of application and a plan for services.  Status: SB 239 gained passage in the Senate Governance and Finance Committee.  RCRC Position: Oppose

SB 513 (Beall): Memorial Air Quality Standards Attainment Program.  Senate Bill 513 would help reduce air pollution by making revisions to the Carl Moyer Memorial Air Quality Standards Attainment Program and the local AB 923 incentives programs.  Status: SB 513 gained passage in the Senate Environmental Quality Committee and awaits consideration in the Senate Appropriations Committee.  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 Business, Professions and Economic Development Committee and awaits consideration in the Senate Appropriations Committee.  RCRC Position: Watch

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.  

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 on June 8, 2015.  Public hearing in Eureka scheduled for May 7, 2015.  Proposed order and related documents can be accessed here.  RCRC Comments: Staff is seeking input from member counties.  RCRC Advocate: Staci Heaton sheaton@rcrcnet.org