The Barbed Wire - May 18, 2018

May 18, 2018
RCRC Analyzes Governor’s May Revision to 2018-19 State Budget
Progress Made on State PILT Program
Update on Senate Bill 623 Related to Safe Drinking Water
Senate Rules Confirms Three Board of Forestry Members
Farm Bill Update
Farm Bill Amendments Include WOTUS Repeal
THE RURAL RUNDOWN PODCAST
BULLETIN BOARD
LEGISLATIVE UPDATE
REGULATORY UPDATE

RCRC Analyzes Governor’s May Revision to 2018-19 State Budget

Late last week, Governor Jerry Brown unveiled his May Revision of the 2018-19 State Budget (May Revision) in an attempt to more accurately reflect revenue and expenditure projections. The $131.7 billion General Fund Budget reflects a spending plan that includes $124 billion in General Fund expenditures, $56 billion in a one-time surplus and increases funding for education, health care, and other core priorities of the Administration.  

The Rural Rundown of the Governor’s 2018-19 May Revision and Other Budget Items highlights the changes from the Governor’s January proposed Budget, and outlines key issues and changes on high priority items for RCRC member counties. The Rural Rundown can be accessed here.

Progress Made on State PILT Program

As noted a couple of weeks ago, the conversation around the State Payment in Lieu of Taxes (PILT) program was given a bit of life with the leadership of Senator Mike McGuire (D-Sonoma).  Using the budget process, Senator McGuire requested the Senate Budget Subcommittee on State Administration and General Government reinstate the State’s obligation to remit State PILT payments to the 36 State PILT counties.  

In 2015, the State Budget included language in the Fish and Game Code that changed a decades-long commitment from a mandatory payment to a permissive one.  Senator McGuire has been tireless in seeking to return the Fish and Game Code to, once again, require the State to remit these payments, as evident in this letter.

RCRC presented the proposal to the Subcommittee for consideration; while no vote was taken (none was expected) at the time, on Thursday, the Subcommittee voted to include the request in its report to the full Senate Budget Committee.  This action is a key milestone, and complements a similar request to be made by Assembly Member Cecilia Aguiar-Curry (D-Winters) to the Assembly Budget Committee counterpart.

Update on Senate Bill 623 Related to Safe Drinking Water

At today’s Senate Budget Subcommittee on Resources, Environmental Protection, Energy and Transportation, the Committee chose to alter the Governor's Budget Trailer Bill proposal addressing the Safe, Affordable Drinking Water Fund (SADWF) when it was determined that the Assembly leadership is reluctant, thus far, to include this item in the Budget, putting the Senate into the position of voting for a proposal that does not yet have support of the Assembly leadership. 

With guidance from the Pro Tem's office, the Subcommittee chose to move the item forward by replacing the Governor's proposal with an increased General Fund augmentation to allow the item to continue to move forward and be more easily folded into a conference item at a later date.  Senator Bill Monning (D-Carmel) confirmed with Senator Bob Wieckowski (D-Fremont), Chair of Budget Subcommittee, as well as the Pro Tem's office, that the intent was not to replace the proposed trailer bill.  This was clearly stated for the record by Senator Wieckowski in Committee: he noted that the change to the Governor's proposal was solely to direct spending items and was intended to be in addition to the SADWF trailer bill that will be discussed at a later date.

The vote to move the item forward was 3-1 with Senators Wieckowski, McGuire and Stern voting “aye,” and Senator Nielsen voting “no.”  Ultimately, today's action ended up in a good place, but it further illustrates that a bit of work remains in the Assembly. 

Senate Rules Confirms Three Board of Forestry Members

On Wednesday, two sitting members and one new member of the California Board of Forestry and Fire Protection (Board) were confirmed in Senate Rules Committee, and will now await final confirmation by the full Senate.  The two sitting members include Richard Wade and Susan Husari, while new member Christopher Chase seeks his first Senate confirmation. 

Wade has served on the Board since 2011, and has held several positions at Sierra Pacific Industries as well as a short tenure with the USDA Forest Service.  Wade is a registered professional forester, and has been an active participant not only on the Board, but on the Governor’s Tree Mortality Task Force where he has offered his expertise in necessary regulatory exemptions and revisions to help expedite the tree removal process, as well as lending his knowledge on equipment deployment and resource allocation. 

Husari has served on the Board since 2014, and was a pacific west regional fire management officer for the U.S. National Park Service from 2002 to 2012, as well as serving in several positions with the USDA Forest Service.  Husari is an expert in fire mitigation and management, and began her career as a seasonal firefighter at Klamath National Forest.

Chase is the newest appointee to the Board, appointed in August 2017.  Chase is a timberland manager for the Michigan-California Timber Company and has worked for the Timber Products Company since 1997.  He is a registered professional forester.

Farm Bill Update

Today, the House is expected to vote on HR 2, the Agriculture and Nutrition Act, also known as the 2018 Farm Bill.  House Agriculture Chairman Mike Conaway (R-Texas) has been gathering support all week, but it is still unclear if he has enough votes to pass the bill.  

Democrats across the board oppose HR 2 for its proposed changes to the Supplemental Nutrition Assistance Program (SNAP), also known as food stamps.  The Farm Bill is historically bipartisan legislation, but without any Democrat votes, Representative Conaway has to secure 218 Republican votes for a bill that is deeply unpopular among conservatives.  Reports on the vote count are changing day-to-day as Representative Conaway and House Speaker Paul Ryan (R-Wisconsin) work to win over conservatives.  Earlier this week the White House published a Statement of Administration Policy which said President Trump would sign the bill in its current form.  In addition, President Trump tweeted in support of the bill late Thursday evening.  The President’s support will help Representatives Conaway and Ryan lock-up votes with conservatives, but the final vote count will be down to the wire.

The House debated amendments to the bill all week in the Rules Committee and on the House floor.  The House Rules Committee received over 100 amendments to the bill in the weeks leading up to the final vote, and debate will continue well into the afternoon.  Congress has already passed several amendments to the forestry and conservation titles of HR 2.  These amendments expand forest management activity on federal land, expand the Good Neighbor Authority, promote broadband deployment, and reduce environmental regulation.  Many of these proposals will impact rural California, including:

  • Amendment 31, proposed by Representative Doug LaMalfa (R-Butte) to streamline the Forest Service application process required to construct broadband infrastructure on federal land.
  • Amendment 4, proposed by Representative Paul Gosar (R-Arizona), Authorizes counties to be included in Good Neighbor Authority cooperative agreements and contracts in order to improve forest health and bolster watershed restoration.
  • Amendment 43, proposed by Representative Jaime Herrera-Beutler (R-Washington), directs the payment of a portion of stewardship project revenues to the county in which the stewardship project occurs.
  • Amendment 56, proposed by Representative Greg Gianforte (R-Montana), authorizes expedited salvage operations for areas burned by wildfire to salvage dead trees and reforest to prevent re-burn, provide for the utilization of burned trees, or to provide a funding source for reforestation. Requires a two-month environmental assessment for reforestation activities and at least 75% of the burned area be reforested.
  • Amendment 76, proposed by Representative Bruce Westerman (R-Arkansas) requires the Forest Service to consider long-term health of our nation's forests when developing collaborative management plans, and shields agency decision making from certain injunctions on sustainable forest management.
  • Amendment 77, proposed by Representative Bruce Westerman (R-Arkansas) instructs the Department of Agriculture and the Department of Interior to provide Congress a yearly report tabulating the metrics surrounding wildfire prevention, including the number of acres treated and agency response time.
  • Amendment 97, proposed by Representative Faso (D-New York) improves cooperation with the Forest Service to intercept tree and wood pests and would require a report on the interception of forest pests.
  • Amendment 47, proposed by Representative Bob Latta (R-Ohio) Requires the Federal Communications Commission, in consultation with the United States Department of Agriculture, to establish a task force for reviewing the connectivity and technology needs of precision agriculture in the United States.

Representative Raul Grijalva (D-Arizona), Ranking Member of the House Natural Resources Committee, took the floor several times to oppose the Republican’s forest management and conservation proposals.  Grijalva argued these amendments will undermine the environmental review process required by the Endangered Species Act and National Environmental Protection Act .  In addition, Representative Jared Polis (D-Colorado) argued the forest management proposals renege Republican promises from the wildfire disaster funding agreement that was included in the 2018 Omnibus.

Republicans’ forest management and conservation proposals further entrenched the partisan divides over the bill. Even if HR 2 passes the House, it is unlikely  these controversial measures will be included in the Senate version of the bill without support from Democrats.

Farm Bill Amendments Include WOTUS Repeal

As the Farm Bill headed toward a Thursday vote in the House, an amendment to repeal the Waters of the United States (WOTUS) rule was included in a group of thirty-one amendments in order Wednesday night.  The amendment, by Representative Jim Banks (R-Indiana), would fully repeal the controversial rule finalized during the Obama Administration and halt efforts on a rewrite currently underway by the Environmental Protection Agency (EPA) and U.S. Army Corps of Engineers. 

The WOTUS rule is currently suspended until 2020 while the EPA seeks public input on a redrafted version.  RCRC, along with many others, opposed the rule as a jurisdictional overreach and inappropriate expansion of federal authority over bodies of water not previously controlled by the federal government.  The expansion of federal authority over these waters could result in delays in important local public works projects such as maintenance of flood conveyances that could ultimately endanger public safety.

THE RURAL RUNDOWN PODCAST

The Rural Rundown discusses the legislative and regulatory issues impacting California’s rural counties, featuring commentary and interviews from individuals committed to improving the quality of life in rural California. 

Have you heard?  RCRC has launched its own podcast!  The Rural Rundown discusses the legislative and regulatory issues impacting California’s rural counties, featuring commentary and interviews from individuals committed to improving the quality of life in rural California.  In this episode, we'll be talking about the 2018-19 California State Budget, and discussing the items of particular importance to California’s rural counties in the Governor’s recent revision, known as the May Revise.

The Rural Rundown can be accessed here, or wherever you get your Podcasts.  Be sure to subscribe, and rate and review The Rural Rundown!

BULLETIN BOARD

Announcements regarding hearings, grants, and public comment notices of importance to California's rural counties.

Groundwater Resources Association of California Hosts Groundwater Sustainability Agency Summit

Click here

LEGISLATIVE UPDATE

RCRC members are encouraged to share letters addressed to state and federal representatives and regulatory bodies with RCRC’s Government Affairs staff.  

Assembly Bill 924 (Bonta): Indian Tribes: Commercial Cannabis Activity.  Assembly Bill 924 would authorize the Governor to enter into agreements concerning cannabis activities on lands of federally-recognized sovereign Indian tribes. Status: AB 924 awaits consideration in the Senate Business, Professions & Economic Development Committee.  RCRC Position: Oppose

Assembly Bill 1250 (Jones-Sawyer): Counties and Cities: Personal Contract Services.  Assembly Bill 1250 would establish specific standards for the use of personal services contracts by counties.  Status: AB 1250 awaits consideration in the Senate Rules Committee. RCRC Position: Oppose

Assembly Bill 1667 (Friedman): Agricultural Water Management. Assembly Bill 1667 would make permanent agricultural water conservation criteria established as part of the Governor’s response to the drought. Status: AB 1667 awaits consideration in the Senate Natural Resources and Water Committee. RCRC Status: Oppose

Assembly Bill 1772 (Aguiar-Curry): Fire Insurance Indemnity. Assembly Bill 1772 would extend the minimum limit during which an insured may collect the full replacement cost of a loss relating to a state of emergency to 36 months. Status:  AB 1722 awaits consideration in the Senate Insurance Committee. RCRC Position: Support

Assembly Bill 1800 (Levine): Fire Insurance. Assembly Bill 1800 relates to existing law which prohibits a fire insurance policy from limiting or denying payment of the replacement cost of property in the event the insured decides to rebuild or replace the property at a location other than the insured premises. Qualifies that prohibition by making it applicable in addition to any extended replacement cost coverage purchased by the insured and in addition to any increase in policy limits. Status: AB 1800 awaits consideration in the Senate Insurance Committee. RCRC Position: Support

Assembly Bill 1875 (Wood): Residential Property Insurance.  Assembly Bill 1875 would require an insurer to offer extended replacement cost coverage when issuing or renewing a policy of residential property insurance, and requires the insurer to disclose the premium costs for extended replacement cost coverage. Status: AB 1875 awaits consideration in the Assembly Appropriations Committee. RCRC Position: Support

Assembly Bill 1919 (Wood): Price Gouging: State of Emergency. Assembly Bill 1919 would make it a misdemeanor, upon proclamation or declaration of an emergency to increase the monthly rental price advertised, offered or charged for residential housing to an existing or prospective tenant by more than a specified percentage or greater than the rental price advertised, offered, or charged within 30 days immediately prior to the date of the proclamation or disaster. Status: AB 1919 awaits consideration in the Assembly Appropriations Committee.  RCRC Position: Support

Assembly Bill 1954 (Patterson): Timber Harvest Plans: Exemption: Flammable Materials. Assembly Bill 1954 would delete the inoperative date of an exemption from some or all provisions of the Forest Practices Act of 1973 concerning a person engaged in specified forest management activities. Status: AB 1954 awaits action in the Senate. RCRC Position: Support

Assembly Bill 2050 (Caballero): Small System Water Authority Act of 2018.  Assembly Bill 2050 would create the Small System Water Authority Act of 2018 and state legislative findings and declarations relating to authorizing the creation of small system water authorities that will have powers to absorb, improve, and competently operate noncompliant public water systems. Defines various terms and requires a change in organization to be carried out as set forth in the Cortese-Knox-Hertzberg Local Government Reorganization Act of 2000. Status: AB 2050 awaits consideration in the Assembly Appropriations Committee.  RCRC Position: Support

Assembly Bill 2069 (Bonta): Medical Cannabis: Employment Discrimination. Assembly Bill 2069 would provide worker protections to patients using medical cannabis outside of the workplace and not during work hours. Exempts employers whose workers are in safety sensitive positions subject to federal drug testing mandates. Status: AB 2069 awaits consideration in the Assembly Appropriations Committee. RCRC Position: Oppose

Assembly Bill 2166 (Caballero): California Farm Bill: agricultural technology. Assembly Bill 2166 would require the Department of Food and Agriculture to create a user-friendly navigational link on its Internet Web site that provides farmers and other members of the agricultural industry comprehensive information about regulatory requirements of, and guidance to, operating and managing a farm. Status:  AB 2166 awaits consideration in the Assembly Appropriations Committee. RCRC Status:  Watch

Assembly Bill 2348 (Aguiar-Curry): Winter-Flooded Rice: Incentives. Assembly Bill 2348 would declare the intent of the Legislature to enact subsequent legislation that would provide an incentive to farmers to maintain winter-flooded rice. Status:  AB 2348 awaits consideration in the Assembly Appropriations Committee. RCRC Position: Support

Assembly Bill 2411 (McCarty): State Agency Buy Recycled Campaign: Compost. Assembly Bill 2411 would declare the intent of the Legislature that the state pursues all feasible measures to improve markets for recycled products. Requires each state agency to ensure that, on and after a specified date, at least a specified percentage of reportable purchases of soil or similar products are compost, as described. Status: AB 2411 awaits action in the Assembly. RCRC Status: Support

Assembly Bill 2447 (Reyes): California Environmental Quality Act: Land Use. Assembly Bill 2447 would require the Office of Environmental Health Hazard Assessment to publish a list of subject land uses and a map that identifies disadvantaged communities and areas within 1/2 mile radius of the disadvantaged communities. Requires a lead agency to provide certain notices to owners and occupants of property located within one-half mile of any parcel or parcels, and to any schools located within one mile of any parcel or parcels, involving a subject land use. Status: AB 2447 awaits consideration in the Assembly Appropriations Committee. RCRC Position: Oppose

Assembly Bill 2501 (Chu): Drinking Water: Consolidation and Extension of Service.  AB 2501 would redefine small public water system for purposes of the California Safe Drinking Water Act as a system with 200 connections or less. Authorizes the State Water Resources Control Board to order consolidation with a receiving water system where a disadvantaged community is reliant on a state small water system, an individual well, or an unregulated water system serving fewer than five connections. Status: AB 2501 awaits consideration in the Assembly Appropriations Committee. RCRC Position: Pending

Assembly Bill 2518 (Aguiar-Curry): Innovative Forest Products and Mass Timber. Assembly Bill 2518 would require the Department of Forestry and Fire Protection, in collaboration with the State Board of Forestry and Fire Protection, to explore markets, including export markets, for milling, development, and expansion of innovative forest products and mass timber, that require consistence with the state's climate objectives on forest lands. Status: AB 2518 awaits action in the Assembly. RCRC Position: Support

Assembly Bill 2594 (Friedman): Fire Insurance. Assembly Bill 2594 would revise the standard forms of policy and extend the period in which to bring suit to 24 months after the inception of the loss if the loss is related to a state of emergency, as specified. Status: AB 2594 awaits action in the Senate. RCRC Position: Support

Assembly Bill 2649 (Arambula): Groundwater Recharge. AB 2649 would state the intent of the Legislature to enact legislation to increase groundwater recharge. Status: AB 2649 awaits consideration in the Assembly Appropriations Committee. RCRC Position: Support

Assembly Bill 2672 (Patterson): California Global Warming Solutions Act. Assembly Bill 2672 would require the State Board in consultation with the Department of Forestry and Fire Protection to annually submit a specified report to the legislature that includes among other things, an estimate of the annual emissions of greenhouse gases associated with wildfires in the state that have burned 10000 acres or more and a direct comparison of that estimate to the emissions of greenhouse gases offset by the state board's applicable regulatory programs. Status:  AB 2672 awaits consideration in the Assembly Appropriations Committee.  RCRC Position: Support

Assembly Bill 2717 (Lackey): Cannabis: Local Control: City Responsibility for County. Assembly Bill 2717 would require a city to assume from the county complete responsibility for any regulatory function relating to licensees located within the jurisdictional boundaries of the city. Status:  AB 2717 awaits action in the Assembly. RCRC Position: Support/Sponsor

Assembly Bill 2727 (Flora): Personal Income Taxes: Volunteer Firefighters. Assembly Bill 2727 would authorize a tax credit for costs incurred by volunteer firefighters during the taxable year for expenses incurred for training and equipment. Status: AB 2727 was placed on suspense in the Assembly Appropriations Committee. RCRC Position: Support/Sponsor

Assembly Bill 2842 (Bigelow): Wood Products. Assembly Bill 2842 would require the Governor's Office of Business and Economic Development to work with state academic institutions and certification organizations to perform additional product testing that accelerates the development, use, or commercialization of new wood products, as provided. Requires the commission to work with local planning offices, developers, and architects to consider the feasibility of expanding the use of wood and mass timber in California buildings. Status: AB 2842 awaits action in the Assembly Appropriations Committee. RCRC Position: Support

Assembly Bill 2966 (Aguiar-Curry): Disaster Relief. Assembly Bill 2966 would provide that the state share for the removal of dead and dying trees in connection with the Governor’s proclamation of a state emergency issued on a specific date is no more than 90 percent of total state eligible costs. Status: AB 2966 was referred to the Assembly Appropriations suspense file. RCRC Position: Support

Assembly Bill 2975 (Friedman): Wild Scenic Rivers. Assembly Bill 2975 would take action to remove or delist any river or segment of a river in California that is included in the national wild and scenic rivers system and not in the state wild and scenic rivers system, requires the Secretary of the Natural Resources Agency, after holding a public hearing on the issue, to take any necessary action to add the river or segment of a river to the state wild and scenic rivers system and to classify that river or segment of a river. Status: AB 2975 awaits action in the Assembly. RCRC Position: Pending

Senate Bill 452 (Glazer): The California Beverage Container Recycling and Litter Reduction Act. Senate Bill 452 is considered the bottle bill “short term fix” and is intended to increase recycling opportunities. SB 452 proposes to return processing payments to 2015 levels and extends plastic recycling market development incentives. SB 452 would also limit take back responsibility for dealers in unserved zones to 24 containers per day, temporarily relieve dealers by suspending the take-back obligation in zones that became unserved due to a recycling center closure until December 2021, and provides additional handling fees in rural areas annually for three years, among other provisions. Status:  SB 452 awaits consideration in the Assembly Natural Resources Committee. RCRC Position: Pending

Senate Bill 623 (Monning): Safe and Affordable Drinking Water Fund.  Senate Bill 623 would establish the Safe and Affordable Drinking Water Fund.  SB 623 would provide grants, loans, or services to assist those without access to safe and affordable drinking water. Status: SB 623 awaits consideration in the Assembly Rules Committee.  RCRC Position: Support

Senate Bill 824 (Lara): Insurance: Nonrenewal.  Senate Bill 824 would express the intent of the Legislature to clarify that the provisions described concerning cancellation of structural insurance policies is applicable to all insured properties located within a county for which a state of emergency has been declared. SB 824 prohibits nonrenewal of the policies under specified circumstances. Status: SB 824 awaits consideration in the Senate Appropriations Committee.  RCRC Position: Support

Senate Bill 897 (McGuire): Residential Property Insurance: Wildfires. Senate Bill 897 would specify that additional living expense coverage under a residential insurance policy shall include all reasonable expenses incurred by the insured in order to maintain a comparable standard of living and would provide a list of expenses that shall be covered. Authorizes an insured to collect, in lieu of additional living expenses, the fair rental value of the dwelling that has suffered a loss. Status: SB 897 awaits action in the Senate. RCRC Position: Support

Senate Bill 917 (Jackson): Insurance Policies. Senate Bill 917 would provide that insurance policies that do not cover the peril of landslide shall not exclude coverage for any loss or damage attributable to a landslide if the landslide resulting in loss or damage was proximately caused by another covered peril, as provided.  Status: SB 917 awaits action in the Senate. RCRC Position: Support

Senate Bill 919 (Dodd): Water Resources: Stream Gages. Senate Bill 919 would require the Department of Water Resources to develop a plan to deploy a network of stream gages that includes a determination of funding needs and opportunities for reactivating existing gages. Requires the Department to prioritize the deployment of stream gages based upon gaps in the existing system of gages and specified considerations. Status: SB 919 awaits action in the Senate Appropriations Committee.  RCRC Position: Support

Senate Bill 998 (Dodd): Water Shutoffs: Urban and Community Water Systems. Senate Bill 998 would require an urban and community water system as a public water system that supplies water to more than 200 service connections, to have a written policy on residential service shutoff available in specified languages of the people residing in its service area. Requires certain aspect to be available on its system web site and be provided annually to customers in writing. Status: Senate Bill 998 awaits action in the Senate Appropriations Committee. RCRC Position: Support

Senate Bill 1079 (Monning): Forest Resources: Fire Prevention Grant Fees. Senate Bill 1079 would relate to existing laws authorizing the Director of Forestry and Fire Protection to provide grants to entities, including, but not limited to, private or nongovernmental entities, Native American tribes, or local, state, and federal public agencies, for the implementation and administration of projects and programs to improve forest health and reduce greenhouse gas emissions. Authorizes the Director to authorize advance payments to a nonprofit organization, a special district, or a Native American tribe. Status: SB 1079 awaits action in the Assembly. RCRC Position: Support

Senate Bill 1215 (Hertzberg): Drinking Water Systems and Sewer Systems: Consolidation. Senate Bill 1215 would authorize the State Water Resources Control Board to set timeline and performance measures to facilitate completion of extension of service of drinking water under the Safe Drinking Water Act. Authorizes ordered consolidation with a receiving sewer system for, or extension of sewer service to, a disadvantaged community under specified circumstances. Status: SB 1215 awaits action in the Senate Appropriations Committee. RCRC Position: Pending/Concerns

Senate Bill 1222 (Stone): Use of Vacuum or Suction Dredge Equipment. SB 1222 would provide, under permits issued by the Department of Fish and Wildlife and by regulations of the State Water Resources Control Board or a California regional water quality control board, for specified activities, that the use of vacuum or suction dredge equipment means the use of any equipment that removes minerals and water in conjunction to process and recover minerals. Status: SB 1222 was held in the Senate Natural Resources and Water Committee. RCRC Position: Support

Senate Bill 1260 (Jackson): Fire Prevention and Protection: Prescribed Burns. Senate Bill 1260 would require a local agency to transmit a copy of their adopted ordinance to the State Board of Forestry and Fire Protection within a certain number of days of adoption. Requires a local agency to make a finding that ingress and egress for a subdivision meet regulations regarding road standards for fire equipment access, as provided. Gives the Department the option, if it elects not to purchase insurance, to determine proportionate share of liability, as provided. Status: SB 1260 awaits consideration in the Senate Appropriation Committee. RCRC Position: Support

Senate Bill 1277 (Hueso): Salton Sea: Governance. Senate Bill 1277 would state the intent of the Legislature to enact legislation that would create a governance and administrative structure to manage the day-to-day implementation of the Salton Sea Management Program. Status: SB 1277 awaits consideration in the Senate Rules Committee. RCRC Position: Watch

Senate Bill 1302 (Lara): Cannabis: Local Jurisdiction: Prohibitions on Delivery. Senate Bill 1302 would prohibit a local jurisdiction from adopting or enforcement any ordinance that would prohibit a licensee from delivering cannabis within or outside of the jurisdictional boundaries of that local jurisdiction. Status: SB 1302 awaits action in the Senate. RCRC Position: Oppose

Senate Concurrent Resolution 133 (Berryhill): Senator David E. Cogdill, Sr., Memorial Highway. Senate Concurrent Resolution 133 would designate a specified portion of State Highway Route 395 in the County of Mono as the Senator David E. Cogdill, Sr., Memorial Highway. Status: SCR 133 awaits action in the Senate. RCRC Position: Support

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.  

Assembly Bill 901 Proposed Reporting Regulations for Recycling, Disposal, and Enforcement: Assembly Bill 901 (Gordon, 2015) established new requirements to address the lack of a formal reporting system on recycling, complete and timely data on disposal, and enforcement in order to measure statewide compliance with new statewide recycling goals and programs.  Agency: Department of Resources Recycling and Recovery Status: Notice of a 15-day written public comment period issued May 6th and ends May 31, 2018.  Draft regulations were released January 26, 2018 for a 45-day public comment period, which ended March 14, 2018.  CalRecycle is only required to respond to comments related to the newly proposed changes.  Additional information and draft regulations can be accessed here.  RCRC Comments: Staff is seeking input from member counties.   RCRC Advocate: Mary Pitto mpitto@rcrcnet.org

Possible Revision of Metallic Mine Backfill Regulations.  Pertaining to the performance standards for backfilling lands disturbed by open pit surface mining operation for metallic minerals.  Agency: State Mining and Geology Board Status: A second notice of Pre-Rulemaking was released April 14th, 2018.  A workshop is scheduled for June 13th in Sacramento.  Comments are due by May 15th.  Additional information and draft regulations can be accessed hereRCRC Comments: Staff is seeking input from member counties.  RCRC Advocate: Mary Pitto mpitto@rcrcnet.org

Senate Bill 1383 Organics Diversion from Landfills Informal Draft RegulationsSenate Bill 1383 (Lara, 2016) established methane emissions reduction targets in a statewide effort to reduce emissions of short-lived climate pollutants (SLCP) from various California sectors.  SB 1383 included goals of reducing organics from landfills by 50 percent in 2020 and 75 percent by 2025 from 2014 levels.  CalRecycle is in the process of developing regulations to implement SB 1383.   Agency: Department of Resources Recycling and Recovery  Status:  The first draft regulatory language was released October 25, 2017.  CalRecycle released the second informal draft of the organics diversion from landfills regulations on May 1, 2018.   Workshops were held on May 7th in Carlsbad and May 8th in Sacramento.  Comments were due by May 16th.  Additional information and draft regulations can be accessed here.  RCRC Comments:  Staff comments can be accessed here.  RCRC Advocate: Mary Pitto mpitto@rcrcnet.org