The Barbed Wire - May 27, 2016

May 27, 2016
House Interior Subcommittee Advances Spending Measure
Joint Legislative Hearing Held on Medi-Cal Funding and Accountability Act
House Committee Unanimously Approves WRDA 2016
Senate, Assembly Committees Pass Different Cap and Trade Plans
Assembly Subcommittee Rejects Governor’s Jail Construction Funding Proposal
California Drought Provisions Included in Energy and Water Spending Bill and Other Measures
BLM Planning Rule Opposed by RCRC and Key U.S. Senator
Forest Management Legislation on the Move
KEEPING UP
BULLETIN BOARD
LEGISLATIVE UPDATE
REGULATORY UPDATE

House Interior Subcommittee Advances Spending Measure

This week, the House Appropriations Committee released the Interior Subcommittee draft bill, containing several key provisions of importance to California’s rural counties.  While complete details have not yet been unveiled, report language will be released when the full committee votes on the bill.  

Preliminary highlights of the bill include:

Federal Payments to Local Communities: Provides $480 million for the Federal “Payment In Lieu of Taxes” (PILT) program.  Federal PILT provides funding to local governments to help offset losses in property taxes due to nontaxable federal lands within their counties.  Without congressional action, many rural communities would face huge budget shortfalls impacting public safety, education, and other local government responsibilities.  RCRC continues to advocate for a long-term reauthorization of the Federal PILT program.

Waters of the United States (WOTUS): Preventing the EPA from spending money on implementation of the final WOTUS rule.

Wildland Firefighting and Prevention: Funds wildland firefighting and prevention programs at $3.9 billion – fully funding the 10-year average for wildland fire suppression costs for both the Department of the Interior and the Forest Service.  When accounting for a previous, one-time payment within last year’s funding bill, the legislation provides $243 million above the fiscal year 2016 level.  The legislation also includes $575 million for hazardous fuels management, which is $30 million above the fiscal year 2016 level.

Lead in Drinking Water: To help address the ongoing problem of lead in drinking water across the U.S., which can cause dangerous health risks, the bill provides additional legal authority allowing states to provide debt relief in areas with elevated levels of lead in drinking water.  The bill also provides targeted increases for water infrastructure programs, such as:

 

  • $2.1 billion for the Clean Water and Drinking Water State Revolving Funds (SRFs), including an increase of $207 million over the current level for the Drinking Water SRF;
  • $50 million for the new Water Infrastructure Finance and Innovation (WIFIA) program; - $109.7 million for state grants, a $7.7 million increase above the current level, to improve operations and oversight of drinking water systems; and,
  • $6.5 million, the full requested amount, for integrated planning activities within EPA’s Office of Water to assist communities as they plan to replace pipes.

Land and Water Conservation Fund (LWCF): Provides $322 million for LWCF programs, a reduction of $128 million below the fiscal year 2016 level and $153 million below the President’s request. State and local recreation and battlefield preservation programs are prioritized, while federal land acquisition is reduced.

Joint Legislative Hearing Held on Medi-Cal Funding and Accountability Act

This week, the Senate and Assembly Health Committees held a joint hearing to hear testimony from the proponents and opponents on the Medi-Cal Funding and Accountability Act, a ballot measure which would override the scheduled expiration date of the Hospital Quality Assurance Fee (Fee) used by the State to draw down matching dollars from the federal government for California’s Medi-Cal program.  Currently, the Fee is scheduled to sunset on January 1, 2017.  The ballot measure, if passed, will make the fee permanent, and would also make it harder for the Legislature to change or end the Fee.  According to date from the Legislative Analyst’s Office, if voters approve the measure the state would continue to save approximately $1 billion General Fund annually.  

“This is a plan, a way, where we have been able to salvage, help and keep hospitals open.  I think it’s a sound one,” said Senator Jim Nielson (R-Gerber), who represents several hospitals in Northern California, one of which recently closed its doors.

In March, the RCRC Board of Directors adopted a support position on the ballot measure, which is slated for the November 8, 2016 General Election ballot. 

House Committee Unanimously Approves WRDA 2016

This week, the House Transportation and Infrastructure Committee unanimously approved H.R. 5303, the Water Resources and Development Act (WRDA) of 2016, bipartisan legislation to address the needs of the country’s harbors, dams, flood protection, and other water resources infrastructure.  The legislation contains no earmarks and maintains the reforms included in the Water Resources Reform and Development Act of 2014.  The legislation has also been referred to the House Natural Resources Committee.  

The WRDA is the legislation for authorizing the Corps of Engineers projects.  Between 1986 and 2000, Congress typically authorized the legislation every two years; however, since 2000 only three WRDA’s have been enacted.  In 2014, Congress enacted the Water Resources Reform and Development Act with the goal of accelerating the infrastructure project delivery process, greater fiscal responsibility and strengthened water transportation networks.

WRDA 2016 is Congress’ return to the regular, biannual process of authorizing projects and activities related to the missions of the Corps of Engineers relating to waterway infrastructure as well as flood protection. 

In regard to California, the legislation authorizes the Secretary to conduct a feasibility study for a number of projects for water resources development including a project for flood damage reduction and ecosystem recreation in the Cache Creek Settling Basin and a project for flood damage reduction in the Merced County Streams.

The Senate Environment and Public Works Committee passed its WRDA bill at the end of April 2016.  Leaders in the House and Senate intend to bring their respective bills to the floor for a vote before Congress adjourns in July for the summer recess.

Senate, Assembly Committees Pass Different Cap and Trade Plans

This week, Committees in both the Senate and Assembly voted on the Governor’s proposed 2016-17 expenditures from the State’s Greenhouse Gas Reduction Fund, which draws from Cap-and-Trade proceeds according to Assembly Bill 32.  The Governor’s proposed expenditure plan includes important funding for rural counties such as $150 million to CAL FIRE for forest health, restoration, and tree mortality mitigation projects, $100 million to CalRecycle for waste diversion programs, and $40 million for wood stove replacement.  

While the Assembly Budget Subcommittee 3 on Resources and Transportation voted to largely accept the Governor’s Cap-and-Trade proposal, including the funds most beneficial to many rural counties, the Senate Budget and Fiscal Review Committee approved a much different proposal later in the day.  The Senate proposal augmented local climate programs benefiting disadvantaged communities as defined by CalEPA by $300 million, which provide nearly no benefit to rural communities, while cutting the CalRecycle proposal in half, diminishing the CAL FIRE proposal to $25 million, and eliminating the wood stove replacement program altogether.  Despite much testimony opposing the proposal, the Senate ultimately approved the plan, possibly as a bargaining chip for other proposals such as transportation.  Assuming the full Assembly Committee on Budget approves the Subcommittee 3 recommendations, the proposals will then go to Budget Conference Committee for further discussion before final budget votes in June.

RCRC has supported the Governor’s Cap and Trade expenditure plan since it first appeared in the Governor’s January budget proposal for 2016-17. 

Assembly Subcommittee Rejects Governor’s Jail Construction Funding Proposal

The Assembly Budget Subcommittee on Public Safety voted 3-2, with Assembly Members Tom Lackey and Melissa Melendez voting no, to reject the Governor’s Budget proposal to provide $250 million in support of construction and reconstruction of county jail facilities.  Included in the vote was a replacement proposal that redirects the $250 million to support a “local public safety package” to fund a variety of health, public safety, and social justice programs.  

The Senate Budget and Fiscal Review Subcommittee on Health and Human Services took similar action last week to reject the Governor’s jail construction funding proposal and instead proposes to invest the $250 million in various health and human services programs, as did recent action by the Subcommittee on Corrections, Public Safety, and the Judiciary. 

While RCRC continues to support the Governor’s jail construction funding request to further implement the State’s criminal justice realignment efforts, the Legislature has been vocal against making further jail construction funding investments.  The proposal will be further debated and action decided by the Budget Conference Committee in the coming weeks.

California Drought Provisions Included in Energy and Water Spending Bill and Other Measures

This week, the House of Representatives voted and rejected the $37.4 billion FY 2017 Energy and Water Appropriations measure (H.R. 5055).  The Senate version of the FY17 Energy and Water Appropriations measure passed two weeks ago.  The bill became more controversial after a series of amendments were attached to the bill on issues ranging from sanctuary cities to transgender bathrooms.  Read More…

Included in the House bill are portions of a California drought bill (HR 2898) adopted last year that would lift environmental restrictions on pumping and delivering water to central and southern California.  Rep. Jerry McNerney (D-CA) introduced an amendment to strike the California drought provisions, but the amendment failed along a party line vote.  The House has included the drought provisions in other House measures including two other appropriations bills and an energy policy bill (HR 8), which is expected to go to a conference committee with a related Senate bill.  House leaders are intent to force the Senate to reach a compromise on California drought issues during this session of Congress.

BLM Planning Rule Opposed by RCRC and Key U.S. Senator

This week, RCRC submitted public comments to the Bureau of Land Management (BLM) and raised numerous concerns for a proposed rule that could short-change local government input into BLM resource management plans.  The proposed rule would weaken the requirement to ensure consistency with local land use management plans, limit public input into specific provisions of a plan, and shorten the public comment period for others.  

The proposed rule would also concentrate additional authority in BLM’s Director in Washington, DC, for determining the scope of resources management plans and the officials who would write those plans.  Greater emphasis would be given to develop broader regional plans, inviting further influence of national interest groups over local governments and stakeholders.  Alaska Senator Lisa Murkowski, Chair of the Senate committee with jurisdiction over BLM, sent a letter this week to BLM Director Neil Kornze expressing similar concerns and urged the BLM to withdraw the rule and engage with State, local and tribal governments to rewrite a rule more consistent with the requirements of the Federal Land and Policy Management Act (FLPMA). 

Forest Management Legislation on the Move

Forest management legislation is finally on the move in Congress.  This week, the House took steps to include HR 2467, the Resilient Federal Forests Act of 2015, in the House national energy policy reform bill heading to conference with the Senate.  The Resilient Federal Forests Act, authored by Rep. Bruce Westerman (R-AR), would allow the U.S. Forest Service to access disaster funds should all annually appropriated funds run out during a fire season.  The bill also expedites forest management projects and reforms policy for post-fire activities on federal land.  

The bill’s inclusion in the energy bill places political pressure on the Senate to negotiate on the issue.  A sign that the political pressure may already be working, Senate Energy and Natural Resources leaders introduced a draft bill of their own on forest management policy and wildfire budget reform.  The draft bill would also authorize $500 million for at-risk communities to fire-proof and otherwise protect the communities from the hazards of wildfire.  The Senate Energy and Natural Resources Committee has not scheduled a hearing for the draft bill and indications from Committee Democrats show an unwillingness to negotiate forest management policy in the same legislative vehicle as national energy policy.    

KEEPING UP

Randy Fiorini, 62, of Turlock, has been appointed to the Delta Stewardship Council, where he has been chair since 2014 and has served since 2010.  Fiorini has been managing partner and farmer at Fiorini Ranch since 1975.

Ken Weinberg, 58, of San Diego, has been appointed to the Delta Stewardship Council.  Weinberg has been an adjunct lecturer at California State University, San Marcos and principal and owner at Ken Weinberg Water Resources Consulting LLC since 2015.  He served in several positions at the San Diego County Water Authority from 1991 to 2015, including director of water resources, water resources supervisor and water reclamation supervisor.  Weinberg was a project manager at the City of San Diego Engineering and Development Department from 1987 to 1991.

Lester Snow, 64, of Fair Oaks, has been appointed to the Klamath River Renewal Corporation Board of Directors.  Snow has been executive director at the Resources Legacy Fund’s Water Foundation since 2011.  He served as secretary at the California Natural Resources Agency from 2010 to 2011 and as director at the California Department of Water Resources from 2004 to 2010.  Snow is a member of the Water Education Foundation Board of Directors and the Public Policy Institute of California Advisory Committee. 

BULLETIN BOARD

DWR, State Water Board and CDFA to Hold Listening Session on Water Conservation

The California Department of Water Resources (DWR), State Water Board, and California Department of Food and Agriculture  (CDFA) have scheduled listening sessions in Tulare, Sacramento, and Los Angeles County regarding the Governor’ Executive Order of May 16, 2016.  The listening sessions will cover urban, agricultural and rural water shortage issues.

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.  Click “Read More” to access information related to the current status of legislation impacting California’s rural counties.  

Senate and Assembly Appropriations Suspense File

Friday, May 27, 2016 marks the last day for both the Senate and Assembly Appropriations Committees to meet and either pass or hold fiscal bills that have been placed on the “suspense” file this legislative session.  The status of these bills, and RCRC’s position, will be available on our website upon completion of their respective committee hearings. 

Assembly Appropriations Bills

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 that directly benefit low income households statewide.  Status: Passed out of the Assembly Appropriations Committee. RCRC Position: Support

AB 1572 (Campos): School Transportation. Assembly Bill 1572 would require a public, noncharter school to provide free transportation to a pupil attending school that receives Title 1 Federal Funding. Status:  Held in the Assembly Appropriations Committee. RCRC Position: Support

AB 1578 (Rodriguez): Emergency Medical Services: Mobile Field Hospitals. Assembly Bill 1578 would appropriate $2 million from the General Fund (GF) to the Emergency Medical Services Authority (EMSA) to provide maintenance and upkeep of mobile field hospitals (MFHs) within the Mobile Field Hospital Program. Status:  Passed out of the Assembly Appropriations Committee. RCRC Position: Support

AB 1596 (Mathis): Veteran Service Organizations. Assembly Bill 1596 would appropriate $3 million from the General Fund to support grants to veterans’ service organizations. Status: Held in the Assembly Appropriations Committee. RCRC Position: Support

AB 1642 (Obernolte): State Responsibility Area: Fire Prevention Fees. Assembly Bill 1642 would extend the period of time owners of structures have to pay or request redetermination of the fire prevention fee from 30 days to 60 days.  Status:  Held in the Assembly Appropriations Committee. RCRC Position: Support

AB 1672 (Mathis): Veterans Treatment Courts: Judicial Council Survey. Assembly Bill 1672 would require the Judicial Council to conduct an assessment of veterans’ treatment courts statewide. Status: Passed put of the Assembly Appropriations Committee.  RCRC Position: Support

AB 1780 (Medina): Greenhouse Gas Reduction Fund: Sustainable Freight Corridors Program.  Assembly Bill 1780 would permanently allocate 25 percent of all annual proceeds from California’s Cap-and-Trade program to the Sustainable Freight Corridors Program, leaving only 15 percent in discretionary funds annually.  Status: Held in the Assembly Appropriations Committee.  RCRC Position: Oppose

AB 1815 (Alejo): Global Warming Solutions Act of 2006.  Assembly Bill 1815 would allocate technical assistance funds to the California Environmental Protection Agency (CalEPA) to assist disadvantaged and low-income communities in developing project funding proposals.  Status:  Held in the Assembly Appropriations Committee. RCRC Position: Support if Amended

AB 1958 (Wood): Forestry: Timberlands: Restoration and Conservation.  Assembly Bill 1958 would authorize the Board of Forestry to grant a timber harvest plan (THP) exemption for the removal and commercial harvest of trees to restore and conserve California black or Oregon white oak woodlands, under specified conditions.  Status: Passed out of the Assembly Appropriations Committee.  RCRC Position: Support

AB 1965 (Cooper): Vehicle Retirement and Replacement.  Assembly Bill 1965 would expand the Enhanced Fleet Modernization Program Plus-up in disadvantaged communities and in additional areas with poor air quality to increase the retirement and replacement of high-polluting vehicles.  Status:   Passed out of the Assembly Appropriations Committee.  RCRC Position: Support if Amended  

AB 2029 (Dahle): Timber Harvest Plans: Exemptions.  Assembly Bill 2029 would extend and expand the provisions of the existing Forest Fire Prevention Pilot Program. Status: Passed out of the Assembly Appropriations Committee.  RCRC Position: Support

AB 2146 (Patterson): Forestry and Fire Protection: Greenhouse Gas Emission. Assembly Bill 2146 would, among other things, allocate up to $200 million of AB 32 cap-and-trade revenues to CalFIRE for activities to reduce greenhouse gas emissions caused by uncontrolled forest fires. Status:  Held in the Assembly Appropriations Committee.  RCRC Position: Support

AB 2292 (Gordon): Disadvantaged Communities/CalEnviroScreen. Assembly Bill 2292 would require the California Environmental Protection Agency (CalEPA) to update the California Communities Environmental Health Screening (CalEnviroScreen) Tool to include additional, specific economic indicators.  Status:  Held in the Assembly Appropriations Committee.  RCRC Position: Support

AB 2293 (Garcia): Green Business and Green Assistance Program. Assembly Bill 2293 would establish the Green Assistance Program in CalEPA, and move the Green Business Program from the Department of Toxic Substance Control to CalEPA.  Status:  Held 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 in the Assembly Appropriations Committee. RCRC Position: Support

AB 2507 (Gordon): Access to Telehealth.  Assembly Bill 2507 would require health care service plans (health plans) and health insurers to reimburse telehealth services to the same extent as services provided through in person. Status: Held in the Assembly Appropriations.  RCRC Position: Support

AB 2564 (Cooper): Clean Vehicle Rebate Program.  Assembly Bill 2564 would require the ARB to adopt regulations to establish eligibility for the Clean Vehicle Rebate Project (CVRP) based on income levels.  Status: Passed out of the Assembly Appropriations Committee.  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:  Gained passage in the Assembly Appropriations Committee. 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:  Gained passage in the Assembly Appropriations Committee.  RCRC Position: Opposed

Senate Appropriations Bills

SB 937 (McGuire) Disaster Relief: County of Lake: Fires. Senate Bill 937 would provide state disaster-related relief to local agencies impacted by the wildfires that occurred in Lake County in 2015. Status:  Held 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: Gained passage in the Senate Appropriations Committee.  RCRC Position: Support if Amended

SB 1028 (Hill) Electrical Corporations: Utilities: Wildfire Mitigation.  Senate Bill 1028 would require utilities regulated by the California Public Utilities Commission (CPUC) to file wildfire mitigation plans with their governing boards. Status: Passed out of the Senate Appropriations Committee.  RCRC Position: Support

SB 1118 (Berryhill): Disaster Relief.  Senate Bill 1118 would provide state disaster-related relief to local agencies impacted by the wildfires that occurred in Calaveras County in 2015. Status: Held in the Senate Appropriations 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: Gained passage 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: Gained passage in the Senate Appropriations Committee.  RCRC Position: Support

SB 1212 (Hueso): 211 Information and Referral Network.  Senate Bill 1212 would expand the state-wide 2-1-1 network into all 58 of California’s counties.  Status: Passed out of the Senate Appropriations Committee.  RCRC Position: Support

SB 1380 (Mitchell): Homelessness Coordinating and Financing Council.  Senate Bill 1380 would establish the California Homeless Coordinating and Financing Council (HCFC).  Status: Passed out of the Senate Appropriations Committee.  RCRC Position: Support

SB 1383 (Lara): Short-Lived Climate Pollutants.  Senate Bill 1383 would require the Air Resources Board (ARB) to approve and implement the comprehensive strategy to achieve, from 2013 levels, a 40% reduction in methane, a 40% reduction in hydrofluorocarbon gases, and a 50% reduction in anthropogenic black carbon, by 2030 Status: Passed out of the Senate Appropriations Committee.  RCRC Position: Concerns

SB 1396 (Wolk): Inner Coast Range Conservancy.  Senate Bill 1396 would establish the Inner Coast Range Program within the Wildlife Conservation Board.  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: Gained passage in the Senate Appropriations Committee.  RCRC Position: Pending

SB 1463 (Moorlach): Electrical Lines: Mitigation of Wildfire Risks.  Senate Bill 1463 would require the California Public Utilities Commission (CPUC) to prioritize communities that are at high risk from the consequences of wildfires when determining areas in which it will require enhanced mitigation measures for wildfire hazards posed by overhead electrical lines and equipment. Status: Passed out of the Senate Appropriations Committee.  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.  Click “Read More” to access information related to the current status of regulations impacting California’s rural counties.  

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: Proposed regulatory language and related documents can be accessed hereRCRC Comments: RCRC’s letter can be accessed here.  RCRC 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 here.  RCRC Comments: RCRC’s letter can be accessed here.  RCRC Advocate: Staci Heaton sheaton@rcrcnet.org

Lake and Streambed Alteration Program Fee Increase.  Proposes to increase all fees by 129 percent, as well as establishing a fee for remediation of marijuana cultivation sites.  Agency: California Department of Fish and Wildlife Status: Draft available for public comment, comment period ends June 13, 2016.  Public hearing scheduled in Sacramento on June 13, 2016.  Draft proposal and related documents can be accessed here.  RCRC Comments: RCRC staff is seeking member county input.  RCRC Advocate: Staci Heaton sheaton@rcrcnet.org