The Barbed Wire - May 2, 2014

May 2, 2014
ACTION ALERT: RCRC Chair Testifies in Opposition to Solar Permitting Bill – Urges Members to Take Action
RCRC Vice Chair Testifies in Opposition to SB 1270
Air Resources Board Approves Amendments to Truck and Bus Regulation
Key Medical Marijuana Bill Changes Course
Groundwater Basin Report Released
Budget Reserve Proposals Summarized
President Obama Unveils Transportation Plan
Proposed Waters of the U.S. Rule Under Congressional Scrutiny
RFP: CMSP Medi-Cal Outreach and Enrollment Pilot Project
Applications Being Accepted for New 2014 Farm Bill Conservation Programs
California Financing Coordinating Committee Hosts Funding Fairs
Office of Emergency Services Hosts Debris Management Plan Workshop
STATE LEGISLATIVE UPDATE

ACTION ALERT: RCRC Chair Testifies in Opposition to Solar Permitting Bill – Urges Members to Take Action

Assembly Bill 2188 (Muratsuchi), before being amended in committee, would have required cities and counties to uniformly issue a small residential rooftop solar system permit in an “over the counter” fashion, within a 24-hour timeframe, and inspect the solar installation within two days of any request. As amended in committee on April 30, 2014, the bill now provides that an application that meets checklist requirements shall be deemed approved upon receipt of the completed application submittal, and extends the inspection requirement to five business days of any request. 

RCRC Chair Nate Beason (Nevada County) testified in opposition to AB 2188 before the Assembly Local Government Committee on Wednesday. The legislation will next be heard in the Assembly Appropriations Committee where the amendments agreed to in the Local Government Committee will be officially amended into the bill.

RCRC staff strongly urges member counties to contact the Assembly Appropriations Committee to express opposition to AB 2188, and describe the impacts this legislation would have upon local government, as well as the potential public safety impacts. To learn more about AB 2188, RCRC’s previous Barbed Wire article on the legislation can be accessed here. The recent amendments can be accessed here.

For additional information, please contact RCRC Legislative Advocate Kathy Mannion at (916) 447-4806 orkmannion@rcrcnet.org.

RCRC Vice Chair Testifies in Opposition to SB 1270

On Wednesday, RCRC Vice Chair Lee Adams (Sierra County) testified in opposition to Senate Bill 1270 (Pavley), legislation that deals with changes to the authority over surface mining operations under the Surface Mining and Reclamation Act (SMARA). The bill, somewhat softened from its original approach, passed out of the Committee despite local government and industry opposition, and concerns from Committee members regarding that opposition. 

Supervisor Adams testified that “the bill states that no one that has been employed by the county in the previous 12 months can perform an inspection of a county’s own mines. This provision shows a distinct lack of trust in counties.”

During the hearing, Senator Pavely and her staff agreed to continue working with the opposition, and committed to drafting additional amendments to try to resolve some of the concerns raised. SB 1270 now moves to the Senate Appropriations Committee.

To learn more about SB 1270, RCRC’s previous Barbed Wire article on the legislation can be accessed here

For additional information, please contact RCRC Legislative Advocate Cyndi Hillery at (916) 447-4806 orchillery@rcrcnet.org.

Air Resources Board Approves Amendments to Truck and Bus Regulation

On April 25, 2014, after extensive testimony from truck owners both in favor and opposition, the California Air Resources Board (ARB) approved amendments to its Truck and Bus Regulation with a few changes that will require a 15-day public comment period. The amendments provide more flexible compliance options for small fleets, fleets operated exclusively in certain areas that have cleaner air, certain vocational or work trucks (construction), and low mileage fleets. ARB estimates the proposed amendments will save affected fleets more than $400 million in compliance costs through 2023. 

Detailed information on the regulation and approved amendments can be accessed here.

For additional information, please contact RCRC Regulatory Affairs Advocate Mary Pitto at (916) 447-4806 ormpitto@rcrcnet.org.

Key Medical Marijuana Bill Changes Course

Senator Lou Correa’s (D-Orange) medical marijuana regulatory measure, Senate Bill 1262, was heard in the Senate Health Committee this week where the Senator accepted a significant number of amendments of importance to California’s rural counties.  With the acceptance of these amendments, the bill secured passage and will now be reviewed in the Senate Appropriations Committee.  As previously reported, SB 1262 contained a number of provisions that would have required counties to perform a variety of regulatory functions.  In light of the amendments which remove these impositions, RCRC has moved from an “Oppose Unless Amended” position to a “Concerns” position.  

RCRC will continue to work with Senator Correa’s Office to address the very complex issues and broader policy considerations associated with establishing a state-administered regulatory program for medical marijuana. It’s also unclear whether the League of Cities and/or the California Police Chiefs Association will continue to sponsor the recently amended version of SB 1262.

Of note, the alternative medical marijuana regulatory measure authored by Assembly Member Tom Ammiano (D-San Francisco) secured passage last week and now awaits a review in the Assembly Appropriations Committee.  RCRC staff continues dialogue with Assembly Member Ammiano’s staff and supporters about much-needed amendments to his Assembly Bill 1894.

For additional information, please contact RCRC Senior Legislative Advocate Paul A. Smith at (916) 447-4806 orpsmith@rcrcnet.org.

Groundwater Basin Report Released

The Department of Water Resources (DWR) released a groundwater report as required by the Governor’s January 2014 Drought Proclamation. The report describes the basins with potential water shortages and gaps in groundwater monitoring. A follow-up report will be released before year end that addresses areas where the drought has significant impacts to groundwater resources, and will identify groundwater basins with water shortages, gaps in groundwater monitoring, and provide the latest information on land subsidence and agricultural land fallowing. 

One finding shows that of the state’s 515 alluvial groundwater basins, 169 are fully or partially monitored under the California Statewide Groundwater Elevation Monitoring (CASGEM) Program, and 40 of the 126 High and Medium priority basins are not monitored under CASGEM.

The DWR Groundwater Basin Report can be accessed here.

For additional information, please contact RCRC Legislative Advocate Kathy Mannion at (916) 447-4806 orkmannion@rcrcnet.org.

Budget Reserve Proposals Summarized

This week, the Legislative Analyst’s Office released a summary of the key features of ACA 4, the Rainy-Day Fund Proposal currently on the November 2014 ballot, and the Governor’s proposal for a different Rainy-Day Fund mechanism. The handout can be accessed here.

President Obama Unveils Transportation Plan

This week, President Obama sent Congress his proposed four-year, $302 billion transportation bill, known as the GROW America Act, to invest in highway, bridge, and transit infrastructure.  The move is largely regarded as an effort to place the Administration at the negotiation table for the next surface transportation bill, and to position them as a key player in restoring solvency to the declining Highway Trust Fund (HTF), the nation’s primary source of revenue for transportation infrastructure. 

The GROW America Act is an ambitious plan that aims to increase overall transportation investments by 37 percent, and would restore the massive shortfall in the HTF.  As we have previously reported, Anthony Foxx, Secretary of the U.S. Department of Transportation, has stated that the HTF will no longer be able to fulfill funding commitments by the end of July 2014.  At that time, all federally-supported transportation and transit projects could come to an immediate halt.  HTF investments in the local transportation system not only provide for the movement of goods and services across the state and as a connector to population centers, but also support thousands of critical jobs in the manufacturing, construction, design and engineering fields.  The loss of HTF funding would have a tremendous impact on California’s counties as a whole.  

It is important to note that HTF investments make up slightly more than 48 percent of California’s state capital transportation budget.  Congress will begin hearings on the Administration’s proposal next week, and will quickly begin drafting its own version of the transportation bill.  The Senate is scheduled to hold a hearing on transportation revenue options next week.

The GROW America Act includes the following key provisions:

·         Increases transit appropriations by 70 percent;

·         Provides $10 billion for freight rail infrastructure to improve freight transportation;

·         Streamlines environmental and other permitting processes for infrastructure projects;

·         Invests over $92 billion to repair and reduce congestion on the federal highway system, and nearly $13.5 billion to improve structurally deficient bridges;

·         Eliminates the prohibition on tolling existing interstate highways; and,

·         Expands the Transportation Infrastructure Finance and Innovation Act.

RCRC staff, in conjunction with our rural county transportation stakeholders, has identified two key priorities for the next surface transportation bill: 1) provide dedicated funding for locally owned on-system bridges, which was eliminated under MAP-21; and 2) restore dedicated funding for high-risk rural roads.  As the Senate and House begin to consider the Administration’s transportation proposal and ramp up efforts to draft legislation, RCRC’s federal advocates will be meeting with key Congressional members, staff, and stakeholder groups to secure dedicated funding for these critical programs.

For additional information, please contact RCRC Legislative Analyst Randall Echevarria at (916) 447-4806 orrechevarria@rcrcnet.org.

Proposed Waters of the U.S. Rule Under Congressional Scrutiny

A proposed rule to define “Waters of the U.S.” subject to additional regulation under the Clean Water Act was criticized as an unprecedented power grab at a field hearing conducted by House Transportation and Infrastructure Committee.  Concerns about impacts to storm water systems, farming, mining, and energy production were discussed in the Pennsylvania hearing and have been echoed by national groups.  A hearing before the full committee is scheduled for May 8, 2014 in Washington, D.C., including a witness from the National Association of Counties.  The rule is proposed by EPA and the Army Corps of Engineers, and the public has until July 21 to submit comments.

For additional information, please contact RCRC Regulatory Affairs Advocate Staci Heaton at (916) 447-4806 orsheaton@rcrcnet.org.

RFP: CMSP Medi-Cal Outreach and Enrollment Pilot Project

The County Medical Services Program (CMSP) received a grant from the California Department of Health Care Services (DHCS) as part of Assembly Bill 82 (Budget Act of 2013). CMSP is now requesting proposals for Medi-Cal outreach and enrollment activities to occur within Alpine, Amador, Butte, Calaveras, Colusa, Glenn, Humboldt, Imperial, Inyo, Lake, Lassen, Mariposa, Mono, Nevada, Plumas, San Benito, Sierra, Trinity, Tuolumne, Yolo and/or Yuba counties.  Currently, 14 out of the 35 CMSP counties receive funding directly from DHCS and, therefore, are excluded from this RFP. 

AB 82 provided $12.5 million in private funds from the California Endowment and federal matching funds totaling $25 million are expected to help implement this effort.  Additional details and the Request for Proposal (RFP) can be accessed here.

Applications Being Accepted for New 2014 Farm Bill Conservation Programs

Earlier this week, Secretary of Agriculture Tom Vilsack announced that applications are now being accepted for new, landmark conservation initiatives created by the 2014 Farm Bill. The programs will provide up to $386 million to help farmers restore wetlands, protect working agriculture lands, support outdoor recreation activities, and boost the economy. Detailed information on the programs can be accessed here.

California Financing Coordinating Committee Hosts Funding Fairs

The California Financing Coordinating Committee (CFCC) facilitates and expedites the completion of various types of infrastructure projects, helping customers combine the resources of different agencies. CFCC members host free Funding Fairs statewide each year to provide opportunities to obtain information about currently available infrastructure grant, loan, and bond financing programs and options. Detailed information on the CFCC Funding Fairs can be accessed here

Office of Emergency Services Hosts Debris Management Plan Workshop

The California Office of Emergency Services (Cal OES), working with the Federal Emergency Management Agency (FEMA), have developed a Debris Management Plan Workshop to enhance state and local capacity to manage debris removal operations in a cost effective and timely manner. The workshop is free, and has been designed to stimulate the discussions and interaction necessary to produce a comprehensive debris plan. Detailed information on the Cal OES Debris Management Plan Workshop can be accessed here.

STATE LEGISLATIVE UPDATE

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

AB 1035 (Speaker Perez): Workers’ Compensation/Death Benefits for Firefighters and Peace Officers. AB 1035 which would extend the timeline for firefighters and peace officers to file certain death benefit claims under the workers’ compensation system.  Governor Brown has vetoed two similar bills in recent years.  Status: AB 1035 passed both houses of the Legislature and will soon be forwarded to the Governor for his consideration. RCRC Position: OpposeAB 1451 (Holden): Concurrent Enrollment. AB 1451 would help provide rural high school students with access to higher education opportunities.  Status: Passed out of the Assembly Education Committee. RCRC Position: Support

AB 1451 (Holden): Concurrent Enrollment.  AB 1451 would help provide rural high school students with access to higher education opportunities.  Status: Passed out of the Assembly Education Committee.  RCRC Position:Support

AB 1647 (Bigelow): Fairs: Department of Food and Agriculture.  AB 1647 would provide modest reform to the governance and structure of fairs including the repeal of several requirements for fairs including: an annual report to the Department of Food and Agriculture (CDFA) related to free pass admissions by fairs and CDFA expenditures on exhibits, as specified among other provisions.  Status: Passed out of the Assembly Agriculture Committee. RCRC Position: Support

AB 1739 (Dickinson): Groundwater Management.  AB 1739 would require a sustainable groundwater management plan to be adopted, except as provided, for each high or medium priority groundwater basin by any groundwater management agency as defined. Status: Passed out of the Assembly Water, Parks and Wildlife Committee.  RCRC Position: Pending with amendments requested

AB 1799 (Gordon): Land Use: Mitigation Lands.  AB 1799 would eliminate, if a governmental entity provides evidence that it possesses an investment grade credit rating and meets other specified conditions, the requirement of an endowment for long term stewardship. Status: Passed out of the Assembly Water, Parks and Wildlife Committee.  RCRC Position: Support

AB 1867 (Patterson): Timber Harvest Plans: Exemptions. AB 1867 would repeal the existing THP exemption and expand it to allow landowners to cut down and sell timber located within 300 feet of a habitable structure without having to submit a THP to the California Department of Forestry and Fire Protection (CAL FIRE). Status:Passed out of the Assembly Appropriations Committee. RCRC Position: Support

AB 1961 (Eggman): Land Use Planning: Sustainable Farmland Strategy.  AB 1961 would require each county with significant agricultural land to develop on or before January 2, 2018 a sustainable farmland strategy. Status:Placed on the Assembly Appropriations Committee Suspense File.  RCRC Position: Oppose unless amended

AB 2173 (Bradford): Low-Speed Electric Bicycles.  AB 2173, as amended, would redefine a “motorized bicycle” or “moped” by increasing the maximum brake horsepower that its motor produces to less than 4 to provide adequate power for their operation.  Prior to the amendments that were accepted this week, AB 2173 would have established two classifications of motorized bicycles to distinguish a low-speed electric bike, as defined, from other motorized bikes or mopeds, and to provide low-speed electric bikes an exemption from the prohibition of motorized bicycle operations on various biking lanes, trails, and paths, and hiking, equestrian, and recreational trails.  While local governments were provided the authority to restrict their operation on these facilities through passage of a local ordinance, RCRC remained concerned with the safety and liability issues that would result from their operation.  Status: AB 2173 was amended to address our concerns in the Assembly Transportation Committee and awaits consideration in the Assembly Appropriations Committee.  RCRC Position: Neutral – Concerns Removed

AB 2363 (Dahle): Electricity Procurement.  AB 2363 would require the development of integration adders so that the Commission accurately considers the full costs and benefits of the various technologies in its renewable portfolio standard decision-making by October 1, 2015. Status: Passed out of the Assembly Utility and Commerce Committee.  RCRC Position: Support

AB 2373 (Hernandez): Probation Officers/Funding Request. AB 2373 would require County Boards of Supervisors to provide a written document to the Chief Probation Officers when a Chief Probation Officer has sent a letter to the Board of Supervisors outlining the need for additional monies for the Probation Department and the Board is not honoring that request.  Status: AB 2373 gained passage in the Assembly Public Safety Committee and now awaits consideration in the Assembly Appropriations Committee.  RCRC Position: Oppose

AB 2402 (Buchanan): Noxious Weed Management.  AB 2402 would appropriate $2.5 million from the General Fund to the Noxious Weed Management Account within the California Department of Food and Agriculture and specify the allocation of the funds from the Noxious Weed Management Account to the various entities. Status:Placed on the Assembly Appropriations Committee Suspense File.  RCRC Position: Support

AB 2417 (Nazarian): California Environmental Quality Act: Exemption: Recycled Water Pipelines.  AB 2417 would exempt from CEQA projects that construct or install new water recycling pipelines or involve maintenance, repair, restoration, reconditioning, relocation, replacement, removal or demolition of an existing pipeline, not exceeding eight miles in length, for the distribution of recycled water within a public street, highway or right-of-way. Status: Passed out of the Assembly Natural Resource Committee.   RCRC Position: Support

AB 2490 (Eggman): District Agricultural Associations.  AB 2490 would modify District Agricultural Association's (DAA) requirements for activities needing prior approval by the California Department of Food and Agriculture and/or the Department of General Services. Specifically, the bill deletes the requirement for DAAs to have prior approval by CDFA, for DAAs to sue.  The bill also deletes the requirement that a DAA board receive approval from DGS prior to conducting any activity upon its property, among other provisions.  Status: Passed out of the Assembly Agriculture Committee.  RCRC Position: Support

AB 2561 (Bradford): Personal Agriculture.  AB 2561 would eliminate the ability of local government to prohibit personal agriculture, community agriculture, or entrepreneurial agriculture as defined. Status: Passed out of the Assembly Local Government Committee. RCRC Position: Oppose unless amended

AB 2703 (Quirk-Silva): County Veterans Service Officers. AB 2703 would allocate $6,000,000 from the General Fund to counties for the purpose of funding various CVSO activities and would create a formula through which those funds would be allocated.  Status: Passed out of the Assembly Veterans Affairs Committee. RCRC Position: Support

SB 1268 (Beall): Natural Resources Climate Improvement Program. SB 1268 would establish the Natural Resource Climate Improvement Program. Status: Passed out of the Senate Environmental Quality Committee. RCRC Position: Support

SB 1270 (Pavley): Surface Mining Operations. SB 1270 would shift the annual inspection, review and approval of financial assurance responsibilities of surface mining operations from local governments to a state agency. Status: Passed out of the Senate Natural Resources and Water Committee. RCRC Position: Oppose

SB 1353 (Nielsen): Local Government: Williamson Act.  SB 1353 would eliminate the sunset date on the alternative Williamson Act funding program giving counties that opted into the program the ability to continue this alternative funding mechanism for the Williamson Act.  The program works by shortening the length of Williamson Act contracts by 10 percent in exchange for the forfeit by landowners of no more than 10 percent of their tax benefit.   Status: Passed out of the Senate Appropriations Committee. RCRC Position: Support

SB 1399 (Galgiani): Agricultural Seed: County Seed Enforcement Subventions.  SB 1399 would extend the sunset date of the seed enforcement subvention program through July 1, 2019.  The subvention program, funded by the seed industry, provides counties with a source of revenue to cover a portion of their costs for enforcing the California Seed Law.  Status: Passed out of the Senate Appropriations Committee.  RCRC Position: Support

SB 1451 (Hill): California Environmental Quality Act: Document Dumping.  SB 1451 would reduce the use of the document dumping tactic by placing modest limitations on when certain issues may be raised during the environmental review process in order to sue on those issues in litigation following project approval. Status:Passed out of the Senate Environmental Quality Committee.  RCRC Position: Support

Water Bonds

AB 2043 (Bigelow): Safe, Clean, and Reliable Drinking Water Supply Act of 2014.  AB 2043 would repeal the provisions of the 2012 Water Bond currently on the November 2014 ballot and would, if adopted by voters, authorize the issuance of bonds in the amount of $7,935,000,000 pursuant to the State General Obligation Bond Law to finance a safe drinking water and water supply reliability program. Status: Passed out of the Assembly Water, Parks and Wildlife Committee.   RCRC Position: Amendments requested

AB 2554 (Rendon): Safe, Clean, and Reliable Drinking Water Supply Act of 2014.  AB 2554 would repeal the provisions of the 2012 Water Bond currently on the November 2014 ballot and would, if adopted by voters, authorize the issuance of bonds in the amount of $8,500,000,000 pursuant to the State General Obligation Bond Law to finance a clean, safe and reliable drinking water program.  Status: Passed out of the Assembly Water, Parks and Wildlife Committee. RCRC Position: Amendments requested

AB 2686 (Perea): Safe, Clean, and Reliable Drinking Water Supply Act of 2014.  AB 2686 would repeal the provisions of the 2012 Water Bond currently on the November 2014 ballot and would, if adopted by voters, authorize the issuance of bonds in a unspecified amount pursuant to the State General Obligation Bond Law to finance a clean, safe and reliable drinking water supply program.  Status: Passed out of the Assembly Water, Parks and Wildlife Committee. RCRC Position: Amendments requested