The Barbed Wire - May 13, 2016

May 13, 2016
Governor Set to Release 2016-17 State Budget Revision
Senate Bill 1396 Put Over Until May 23 in Senate Appropriations Committee
Department of Fish and Wildlife Propose Fee Increases on Streambed Alteration Program
Feinstein Drought Bill Hearing Set for Next Week
Chairman Inhofe Pushing for WRDA Passage this Summer
KEEPING UP
BULLETIN BOARD
LEGISLATIVE UPDATE

Governor Set to Release 2016-17 State Budget Revision

Governor Jerry Brown released his May Revision to the 2016-17 State Budget at a press conference this morning.  RCRC staff is preparing to review and analyze the Governor’s 2016-17 May Revision and develop and distribute The Rural Rundown later in the day.

Senate Bill 1396 Put Over Until May 23 in Senate Appropriations Committee

Senate Bill 1396 (Wolk), as introduced,  which seeks to establish the Inner Coast Range Conservancy, was put over at the request of the author until Monday, May 23, 2016 in the Senate Appropriations Committee for amendment.  Late this week, the amended measure was released, and now SB 1396 would establish the Inner Coast Range Program and require the Wildlife Conservation Board to establish an advisory board for the program among other provisions.

The full text of SB 1396 can be accessed here.

Department of Fish and Wildlife Propose Fee Increases on Streambed Alteration Program

Earlier this week, the Department of Fish and Wildlife (DFW) hosted a briefing for stakeholders on the proposed fee increase for the Lake and Streambed Alteration Program prior to the formal public hearing slated for June 13, 2016.  RCRC staff, in conjunction with the Farm Bureau, California State Association of Counties, and others, expressed concern for the 129 percent fee increase on the Streambed Alteration Program.  For example the proposed fee on a Standard Agreement for a project that is under $5,000 would increase from $245 to $561.  

The DFW has indicated that without the proposed increase they would lose capacity to review approximately 750 of the 2,000 notifications that are received annually, and lose as many as 15 of the 37 positions by 2018 that are responsible for reviewing the notifications thus impacting fish and wildlife resources.

The DFW has scheduled a public hearing for Monday, June 13, 2016, from 10:00 a.m. to 11:30 a.m., in the 1st floor auditorium of the Resources Building located at 1416 9th Street, Sacramento, California.

Written comments regarding the proposal must be received by 5:00 p.m. on June 23, 2016.  Comments may be submitted by mail or by email to:

Lance Salisbury, Senior Environmental Scientist
California Department of Fish and Wildlife
Lake and Streambed Alteration Program
1416 Ninth Street, 12th Floor
Sacramento, CA 95814
Telephone: (916) 653-3559
Email: lance.salisbury@wildlife.ca.gov

RCRC staff will engage throughout this process to ensure the concerns of RCRC member counties are addressed.  Please forward any comments submitted to DFW on this proposal to Staci Heaton at sheaton@rcrcnet.org or Nick Konovaloff at nkonovaloff@rcrcnet.org.

Additional information regarding this proposal can be accessed here, and general information on the Streambed Alteration Program can be accessed here.  

Feinstein Drought Bill Hearing Set for Next Week

The Senate Energy and Natural Resources Subcommittee on Water and Power will hold a hearing on Sen. Dianne Feinstein's drought legislation (S. 2533) on Tuesday, May 17, 2016 along with four other bills dealing with Western water issues.  Committee Chairwoman Lisa Murkowski (R-AK) is considering adding Feinstein's bill to broader legislation that would address drought throughout the west.  The bill could also be conferenced eventually with a House-passed drought bill, H.R. 2898, by Rep. David Valadao (R-CA).  

The subcommittee will also consider a bill from western Republicans to allow drought-stricken communities to access more water using existing infrastructure.  The legislation, S. 2902, would direct the Army Corps of Engineers and the Bureau of Reclamation to use updated forecasting to better plan for water storage.  The legislation would require the Interior Department to address water-intensive invasive species and would address water rights over groundwater on federal lands.  The bill also calls for more water to be held in Lake Mead, a provision that has drawn criticism from California water interests.

In addition, the subcommittee will look at Minority Leader Harry Reid's (D-NV.) S. 2907 to amend the fiscal 2015 energy and water spending bill to extend the funding for pilot projects to increase Colorado River System water in Lake Mead.

RCRC’s policy comment letter on proposed water and drought legislation can be accessed here.

Chairman Inhofe Pushing for WRDA Passage this Summer

Senate Environment and Public Works (EPW) Chairman Jim Inhofe (R-OK) recently stated that he expects Congress to pass the 2016 Water Resources Development Act by mid-July.  The large water resources and infrastructure bill is a priority for both Inhofe and EPW Committee ranking member Barbara Boxer, both of whom will step down from their committee leadership positions at the end of the year.  Half of the bill is dedicated to water system testing and infrastructure improvements for small and disadvantaged communities.  

The Senate EPW bill, S.2848, which would authorize about $9 billion in Army Corps of Engineers projects for navigation, flood control and environmental restoration, passed out of Committee by a vote of 19-1 last month.  The House Transportation and Infrastructure Committee has yet to unveil its version of WRDA, which Chairman Bill Shuster (R-PA) has described as a "pamphlet" bill and is light on policy initiatives.  A House committee mark-up is tentatively scheduled for May 25, 2016.

KEEPING UP

Valerie Termini Named California Fish & Game Commission Executive Director

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BULLETIN BOARD

Community Connect Grant Program

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Street Outreach Program

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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 1550 (Gomez): Greenhouse Gases: Investment Plan: Disadvantaged Communities.  Assembly Bill 1550 would require 25 percent of the annual proceeds from California’s Cap-and-Trade program to be allocated to projects located within and benefiting disadvantaged communities.  Status: Held on the Assembly Appropriations Committee Suspense File.  RCRC Position: Support

AB 1575 (Bonta) Medical Marijuana: Regulatory Structure:  AB 1575 addresses a number of aspects regarding the enactment of last year’s medical marijuana regulatory framework.  The bill serves as an omnibus clean-up; however a number of provisions are controversial and must be addressed.  Status: AB 1575 awaits final consideration in the Assembly Appropriations Committee.  RCRC Position: Neutral

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 1934 (Santiago) Density Bonus.  Assembly Bill 1934 would provide a commercial developer a density bonus for partnering with an affordable housing developer on a mixed-use project who also receives a density bonus.  Status: AB 1934 gained passage in the Assembly Appropriations Committee and awaits consideration on the Assembly Floor.  RCRC Position:  Concerns – Seeking Amendments

AB 2146 (Patterson): Forestry and Fire Protection: Greenhouse Gas Emission.  Assembly Bill 2146 would, among other things, allocate up to $200 million of Cap-and-Trade revenues to CalFire for activities to reduce greenhouse gas emissions (GHG) caused by uncontrolled forest fires. Status: Held on the Assembly 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: AB 2149 awaits final 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:  AB 2243 awaits final consideration in the Assembly Appropriations Committee.  RCRC Position: Support

AB 2314 (Bigelow): Disaster Relief: County of Calaveras.  Assembly Bill 2314 would provide state funding to backfill property tax revenue losses as a result of the Butte Fire in Calaveras County.  Status:  Held on the Assembly Appropriations Committee Suspense File.  RCRC Position: Support

AB 2319 (Gordon) Infrastructure Bank.  Assembly Bill 2319 seeks to increase development of affordable housing by making these projects eligible for California Infrastructure and Economic Development Bank funding.  Status: AB 2319 awaits consideration in the Assembly Appropriations Committee.  RCRC Position: Support

AB 2406 (Thurmond) Junior Accessory Dwellings:  Assembly Bill 2406 would provide local governments the option to adopt an ordinance regarding the development of Junior Accessory Dwelling Units in single family residential zones.  Status:  AB 2406 awaits consideration on the Assembly Floor.  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 2475 (Gordon) Infrastructure Bank.  Assembly Bill 2475 would encourage local agencies to expand development of affordable homes by establishing a forgivable loan program within the California Infrastructure and Economic Bank.  Status: AB 2475 awaits final consideration in the Assembly Appropriations Committee.  RCRC Position: Support

AB 2501 (Bloom) Housing: Density Bonus.  Assembly Bill 2501 seeks to increase affordable housing through reforms to density law and the review period to process a density bonus application.  Status: AB 2501 awaits consideration on the Assembly Floor.  RCRC Position: Oppose

AB 2545 (Bonta) Medical Marijuana: Tribal Activities:  AB 2545 would authorize the State of California to enter into agreements with Native American tribes that seek to engage in commercial cannabis activities, pursuant to local and state licensing requirements. Status: AB 2545 awaits final consideration in the Assembly Appropriations Committee.  RCRC Position: Support in Concept

AB 2564 (Cooper): Air Quality Improvement: Clean Vehicle Rebate Project.  Assembly Bill 2564 would increase rebate levels by $500 for low-income individuals with household incomes less than or equal to 300 percent of the federal poverty level and seeks to prioritize rebate payments for low-income consumers. Status:  Held on the Assembly Appropriations Committee Suspense File.  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 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:  AB 2686 gained passage on the Assembly Floor.  RCRC Position: Support

AB 2781 (Garcia): Supplemental Environmental Projects.  Assembly Bill 2781 would direct 10% 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

AB 2783 (E. Garcia) Affordable Housing and Sustainable Communities.  Assembly Bill 2783 would amend the guidelines and criteria for the Rural Innovation Project Area component of the Affordable Housing and Sustainable Communities Program to provide the opportunity for more rural communities to compete for these critical funds.  Status: AB 2783 awaits final consideration in the Assembly Appropriations Committee.  RCRC Position: Support

SB 476 (Mendoza): Organized Camps. Senate Bill 476 would require organized day camp to issue a written notice of intent to operate, register with the local public health officer as an organized camp in the county and store all firearms in a locked cabinet. Additionally, SB 476 would require the local public health officer to issue a permit and conduct inspections of the camps.  Status: Awaits consideration in the Assembly Appropriations Committee. RCRC Position: Support

SB 885 (Wolk) Indemnity Agreements:  SB 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: SB 885 awaits consideration on the Senate Floor.  RCRC Position: Oppose

SB 957 (Hueso): Health Care Districts: Design-Build.  Senate Bill 957 which would authorize all 78 of California’s healthcare districts to utilize the design-build process for the construction of hospitals or health facility buildings.  Status: Passed the Senate, awaits consideration in the Assembly.  RCRC Position: Support

SB 967 (Vidak) Special Elections Costs:  SB 967 would require the State to pay for the cost of special elections – as proclaimed by the Governor – to fill a vacancy in the office of a member of the State Assembly, State Senate, or the U.S. House of Representatives that occurs after January 1, 2008.  Status: SB 967 awaits final consideration in the Senate Appropriations Committee.  RCRC Position: Support

SB 987 (McGuire) Taxation: Medical Marijuana:  SB 987 would impose a statewide excise tax on the sale of medical marijuana.  Status: SB 987 awaits final consideration in the Senate Appropriations 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: Placed on the Senate Appropriations Committee Suspense File.  RCRC Position: Support if Amended

SB 1000 (Leyva) General Plans: Environmental Justice. Senate Bill 1000 would require a local government to amend their County General Plan to include an Environmental Justice element.  Status: SB 1000 awaits final consideration in the Senate Appropriations Committee.  RCRC Position: Oppose Unless Amended

SB 1029 (Hertzberg) Debt Issuance.  Senate Bill 1029 would require local governments to submit various reporting elements to the California Debt and Investment Advisory Committee for all bond debt that has not been fully repaid or redeemed.  Status: SB 1029 awaits final consideration in the Senate Appropriations Committee.  RCRC Position: Pending - Seeking Amendments

SB 1069 (Wieckowski) Land Use: Zoning. Senate Bill 1069 seeks to encourage the development of more affordable housing through various reforms to a local government’s planning requirements and zoning regulations.  Status: SB 1069 gained passage in the Senate Appropriations Committee and awaits consideration on the Senate Floor.  RCRC Position: Pending – Seeking Amendments

SB 1136 (Morrell): Fire Prevention. State Responsibility Areas.  Senate Bill 1136 would continue to require the Department of Forestry and Fire Protection (CAL FIRE) to submit detailed information on the use of State Responsibility Area (SRA) Fire Prevention Fee funds.  Status: Awaits consideration in the Assembly Natural Resources Committee.  RCRC Position: Support

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 will return the ‘may’ back to ‘shall’ in Fish and Game Code Section 1504 making future PILT payments required rather than permissive.  Status: Placed on the Senate Appropriations Committee Suspense File.  RCRC Position: Support

SB 1250 (McGuire) Telecom: Rural Outage Reportings:  SB 1250 would require telecommunications carriers to report rural 911 outages to state and local public safety agencies.  Status: SB 1250 awaits final consideration in the Senate Appropriations Committee.  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