The Barbed Wire - May 06, 2016

May 5, 2016
Wildfire Awareness Week: Separate Funding Needed for Fighting Wildfires and Managing Forests
Senators Urge Reauthorization of Secure Rural Schools
Assembly Budget Subcommittee #3 Approves Budget Language to Expand 2-1-1 Network to all 58 Counties
Rural Volunteers Sought for California’s Road Charge Pilot
Delta Flood Emergency Response Grant Program Second Round Draft Guidelines
BULLETIN BOARD
LEGISLATIVE UPDATE
REGULATORY UPDATE

Wildfire Awareness Week: Separate Funding Needed for Fighting Wildfires and Managing Forests

Patricia Megason in The Sacramento Bee

May 4, 2016 – The first week of May has traditionally represented the beginning of wildfire season in California, with events such as Wildfire Awareness Week aimed at raising awareness of dangers poised to come. However, the ongoing drought, continued mismanagement of forest lands, and a nonsensical funding formula for prevention and suppression have resulted in a year-round wildfire season in California. Add that to this year’s bark beetle infestation and tree mortality issue, and the results greatly compound the risk of catastrophic wildfires this season.  Read More…

Senators Urge Reauthorization of Secure Rural Schools

Last Friday, a bipartisan coalition of Senators, led by Senators Mike Crapo (R-Idaho), Jon Tester (D-Montana), and Ron Wyden (D-Oregon), sent a letter to Senate leadership urging for the reauthorization of the Federal Secure Rural Schools and Self-Determination Act (SRS) for Fiscal Year 2016.  The SRS program is authorized by Congress to mitigate the impact to county governments and schools from the reduction of timber harvesting production on federal forest lands.  

When first enacted, the SRS program provided nearly $60 million annually to California’s forested counties, with half of the funding dedicated to school districts, and the other half allocated to counties for county roads.  While the program initially expired in 2006, it has been reauthorized multiple times since first enacted; although with each reauthorization the program has seen a reduction in funding.  The SRS program was reauthorized early last year to provide roughly $30 million in both 2014 and 2015, and the program once again expired on September 30, 2015.  California’s forested counties and schools located within those counties are dependent upon federal revenue sharing programs such as SRS for maintaining local roads and for providing vital education services.  Unless the program is reauthorized, California’s forested counties will be faced with a $30 million funding reduction this year.

RCRC sends thanks to our partners at the National Association of Counties for organizing these efforts, and Senators Barbara Boxer and Dianne Feinstein for signing on in support of the reauthorization request.  RCRC continues to advocate for reauthorization the SRS program to ensure that California’s counties can continue to provide critical programs and services in their communities. 

The bipartisan Senate letter urging SRS reauthorization can be accessed here.

Assembly Budget Subcommittee #3 Approves Budget Language to Expand 2-1-1 Network to all 58 Counties

On Wednesday, Assembly Budget Subcommittee #3 on Resources and Transportation considered several Budget issues including Budget Bill language provisions, as requested by Assembly Member Frank Bigelow, which would permit the Public Utilities Commission (PUC) to expand the 2-1-1 telephone referral service to counties that currently lack access to the service.  

The 2-1-1 telephone referral service provides a free, confidential referral and information helpline for health, human service, and disaster-related needs.  Currently, only 37 counties in California have 2-1-1 networks.  Twenty-one RCRC member counties don’t have a 2-1-1 service network in their area, or are in the process of developing a 2-1-1 network.  These counties represent some of the most rural areas where emergency or response resources are non-existent or severely limited. 

Senate Bill 1212 (Hueso) is currently making its way through the Legislature.  SB 1212 would appropriate $1.5 million to the PUC - to use over the next 5 years - to help close 2-1-1 service gaps in the counties lacking access.  The measure is currently awaiting action in the Senate Appropriations Committee.

RCRC’s SB 1212 support letter can be accessed here.  RCRC’s Budget Subcommittee #3 support letter can be accessed here

Rural Volunteers Sought for California’s Road Charge Pilot

The California Department of Transportation’s (Caltrans) Road Charge Pilot Program is in full swing with more than 6,000 volunteers signed up, but Caltrans is still seeking potential participants to ensure the study best represents the geographic, demographic and socioeconomic diversity of California.  In particular, volunteers from rural areas are sought to participate in the study and help determine if a road charge is an equitable and sustainable way to replace the deteriorating gas tax and better fund transportation infrastructure.  

California is studying a road charge system – where drivers would pay based on the number of miles they drive, rather than by how much gas they consume – as a possible way for the State to better pay for and keep pace with its road maintenance and repair needs.  The State’s current transportation funding system relies on revenue from fuel taxes, which are in sharp decline due to overall improvements in new vehicles’ fuel economy, including gasoline and diesel powered vehicles, and increasing hybrid and electric vehicle adoption in California.  For example, the 2014 California Statewide Local Streets and Roads Needs Assessment estimated the total funding needs over the next 10 years is $108 billion, and the resulting shortfall is $56.1 billion for pavements, $20.9 billion for essential components, and $1.3 billion for bridges.  The total shortfall is $78.3 billion over the next 10 years. 

During the design of the pilot, a Technical Advisory Committee recommended that the impacts of the road charge on rural drivers, versus their urban counterparts, should be carefully observed and assessed.  As such, the pilot program is seeking to ensure the composition of the volunteer pool reflects this concern, and is encouraging more rural drivers to participate as volunteers.  By oversampling rural participants, the pilot can ensure that sufficient data is available to fully assess the impacts of a possible road charge on rural drivers.

Detailed information about the California Road Charge Pilot Program and instructions on how to apply to be part of the pool of potential volunteers can be accessed here.

Delta Flood Emergency Response Grant Program Second Round Draft Guidelines

The California Department of Water Resources (DWR) has announced a 30-day public comment period for the Delta Flood Emergency Response Grant Program Second Round Draft Guidelines.  This grant is designed to provide funding for local emergency responders within the Delta to improve their capacity to respond to flood emergencies.  

Following the close of this public comment period and review of public comments, the DWR anticipates the release of the Final Guidelines through a Proposal Solicitation Package in June 2016.  The 30-day public comment began May 2, 2016, and will close at 5:00 pm on Tuesday, May 31, 2016.  The Draft Guidelines and comment submittal information can be accessed here.

BULLETIN BOARD

Visit California Releases Annual Travel Impact by County Report

Click here

Department of Finance Announces 2015 State Population Growth

Click here

HCD: 2016 CDBG NOFA for Non-Entitlement Jurisdictions

Click here

LEGISLATIVE UPDATE

AB 1749 (Mathis): CEQA: Exemption: Recycled Water Pipeline.  Assembly Bill 1749 would extend the exemption, until January 1, 2019, from CEQA requirements on projects consisting of the construction or expansion of recycled water pipeline and directly related infrastructure within existing rights of way, and directly related groundwater replenishment under specified conditions and undertaken for the purpose of mitigating drought conditions for which a state of emergency was proclaimed by the Governor.  Status: Awaits consideration in the Assembly Appropriations Committee.  RCRC Position: Support

AB 2024 (Wood): Critical Access Hospitals: Employment.  Assembly Bill 2024 would allow critical access hospitals to directly employ physicians and bill for their professional services.  Status: Awaits action in the Senate.  RCRC Position: Support

AB 2438 (Waldron): CEQA: Exemption: Recycled Water Pipelines.  AB 2438 would, until January 1, 2020, exempt from CEQA a project for the construction and installation of a new pipeline or the maintenance, repair, restoration, reconditioning, relocation, replacement, removal, or demolition of an existing pipeline, not exceeding 8 miles in length, for the distribution of recycled water within a public street, highway, or right-of-way.  Status: Awaits consideration on the Assembly Floor.  RCRC Position: Support

AB 2678 (Gray): State-Designated Fairs: Funding.  Assembly Bill 2678 would dedicate the State portion of the sales and use tax collected from transactions at fairgrounds except for Los Angeles to support small and medium sized fairs.  Status: Placed on the Assembly Appropriations Committee Suspense File.  RCRC Position: Support

AB 2781 (Garcia): Supplemental Environmental Projects.  Assembly Bill 2781 would direct 10 percent of all penalties collected by California Environmental Protection Agency boards, departments, and offices to fund environmental projects in disadvantaged communities using Section 39711 of the Health and Safety Code for the definition (CalEnviro Screen) of a disadvantaged community (DAC).  Status: Placed on the Assembly Appropriations Committee Suspense File.  RCRC Position: Oppose

SB 867 (Roth): Emergency Medical Services.  Senate Bill 867 would extend the sunset date on the Maddy Emergency Medical Services Fund and continue to allow counties to collect funds to support local emergency medical services.  Status: Awaits action in the Assembly Public Safety Committee.  RCRC Position: Support

SB 995 (Pavley): Well Standards.  Senate Bill 995 would require the Department of Water Resources (DWR) to update well standards for certain types of wells based on existing knowledge.  This bill would also require DWR to establish an advisory panel to identify critical gaps in existing knowledge about the best practices for well construction, alteration, maintenance, and destruction for these wells.  Status: Awaits consideration in the Senate Appropriations Committee.  RCRC Position: Support if Amended

SB 1170 (Wieckowski): Public Contracts: Water Pollution Prevention Plans: Delegation.  Senate Bill 1170 would prohibit a public entity, charter city, or charter county from delegating to a contractor the development of a plan, as defined, used to prevent or reduce water pollution or runoff on a public works contract, except as provided.  The bill would also prohibit a public entity, charter city, or charter county 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 that entity.  Status: Awaits consideration in the Senate Appropriations Committee.  RCRC Position: Oppose

SB 1188 (McGuire): Wildlife Management Areas: Payment of Taxes and Assessments.  Senate Bill 1188 would return the ‘may’ to ‘shall’ in Fish and Game Code Section 1504 making future Payment in Lieu of Taxes (PILT) payments required rather than permissive.  Status: Placed on the Senate Appropriations Committee Suspense File.  RCRC Position: Support

SB 1317 (Wolk): Conditional Use Permit: Groundwater Extraction Facility.  Senate Bill 1317 would require a city or county overlying a basin designated as a high or medium priority basin to establish a process for the issuance of conditional use permits for the development of a groundwater extraction facility in order to prevent that facility from contributing to or creating an undesirable result.  Status: Awaits consideration in the Senate Appropriations Committee.  RCRC Position: Oppose

SB 1396 (Wolk): Inner Coast Range Conservancy.  Senate Bill 1396 would establish the Inner Coast Range Conservancy.  The Inner Coast Range region as defined in the legislation includes all or part of the following counties: Colusa, Del Norte, Glenn, Humboldt, Lake, Mendocino, Napa, Shasta, Siskiyou, Solano, Tehama, Trinity and Yolo.  Status: Awaits consideration in the Senate Appropriations Committee.  RCRC Position: Oppose Unless Amended

SB 885 (Wolk): Indemnity Agreements.  Senate Bill 885 would eliminate the ability of a public agency to impose indemnity clauses in contract with engineers and architects for upfront legal defense costs against claims related to a project’s design work.  Status: Gained passage in the Senate Judiciary Committee.  RCRC Position: Oppose

SB 1250 (McGuire): Telecom: Rural Outage Reportings.  Senate Bill 1250 would require telecommunications carriers to report rural 911 outages to state and local public safety agencies.  Status: Placed on the Senate Appropriations Committee suspense file.  RCRC Position: Support

AB 2149 (Bonilla): State Board of Equalization: Collection of Cash Payments.  Assembly Bill 2149 would authorize the Board of Equalization to accept cash transactions on behalf of several state agencies charged with regulatory responsibility of medical marijuana.  Status: Awaits consideration in the Assembly Appropriations Committee.  RCRC Position: Support

AB 2243 (Wood): Medical Cannabis: Cultivation Taxation.  Assembly Bill 2243 would impose State taxes on the cultivation of medical marijuana.  Status:  Awaits consideration in the Assembly Appropriations Committee.  RCRC Position: Support

AB 2545 (Bonta): Medical Marijuana: Tribal Activities.  Assembly Bill 2545 would authorize the State to enter into agreements with Native American tribes that seek to engage in commercial cannabis activities.  Recent amendments would require those agreement to follow the same local and state licensure requirements as outlined in the recently-enacted medical marijuana regulatory framework.  Status: Awaits consideration in the Assembly Appropriations Committee.  RCRC Position: Support in Concept

AB 2686 (Mullin): Special Elections.  Assembly Bill 2686 would provide counties the option of conducting special elections, under certain circumstances, to fill the vacancy of a State Senate, State Assembly, of Congressional district via all-mail balloting.  Status:  Awaits consideration in the Assembly.  RCRC Position: Support 

REGULATORY UPDATE

Air Toxic “Hot Spots” Program Draft Facility Prioritization Guidelines: The Air Toxic “Hot Spots” Program Draft Facility Prioritization Guidelines were developed in response to revisions to the State Office of Health Hazard Assessment’s (OEHJHA) health risk assessment methodologies, and are intended to provide air pollution control and air quality management districts with suggested procedures for use in prioritizing facilities as required by the Air Toxics “Hot Spots” Act of 1987.  Agency: California Air Pollution Control Officers Association Status: Draft published for public comment, comment period ends June 3, 2016.  Draft Guidelines and related documents can be accessed here.  RCRC Comments: RCRC staff is seeking member county input.  RCRC Advocate: Mary Pitto mpitto@rcrcnet.org

Resource Management Planning: Amends existing regulations that establish the procedures used to prepare, revise, or amend land use plans pursuant to the Federal Land Policy and Management Act.  Agency: U.S. Bureau of Land Management Status: Draft released for public review, comment deadline extended to May 25, 2016.  Proposed regulatory language and related documents can be accessed hereRCRC Comments: RCRC’s letter requesting an extension of the comment deadline can be accessed hereRCRC Advocate: Staci Heaton sheaton@rcrcnet.org

Short-Lived Climate Pollutant Reduction Strategy: Mandated by Senate Bill 605 (Lara), establishes strategies to reduce emissions from short-lived climate pollutants such as black carbon and methane.  Agency: California Air Resources Board Status: Second draft published for public comment, comment period ends May 26, 2016.  Workshop scheduled in Sacramento on April 26, 2016, Board hearing on May 19, 2016.  Draft Strategy and related documents can be accessed hereRCRC Comments: RCRC staff is seeking member county input.  RCRC Advocate: Staci Heaton sheaton@rcrcnet.org