The Barbed Wire - May 5, 2017

May 5, 2017
Showcasing Rural Life: RCRC Seeking Local Photography for Instagram Account
Shasta County Hosts NPLH Workshop
Deadline Approaches for SGMA Implementation
Senate Cap-and-Trade Proposal Offers Rebates, Restricts Offsets
Senate Hearing on PILT and SRS
Legislation Introduced to Extend SRS
House Passes Bill to Replace and Repeal Obamacare
House and Senate Pass Omnibus Appropriations Package – Funding for Federal PILT Included
House Hearing on National Monuments
OMB Releases Guidance Regarding Trump Deregulation Executive Order
BULLETIN BOARD

Showcasing Rural Life: RCRC Seeking Local Photography for Instagram Account

We invite you to get out your camera and capture life in rural California by showcasing the beautiful landscape and scenery in your communities.  It might be a scenic waterway, wildlife, livestock, barns, snowy landscapes, seasons, farm and ranch photos – we’d love to see your photos and feature them on our Instagram!  

All photographs must be the original work of the participant, or must have the photographer’s written permission. By submitting a photo, you give RCRC the right to use the photo on our website or in future newsletters and publications.

Pictures can be emailed to Santinia Pasquini at spasquini@rcrcnet.org.  Please include a description of your photo. 

Shasta County Hosts NPLH Workshop

On Thursday, Supervisors Les Baugh (Shasta) and Bob Williams (Tehama; RCRC Chair) welcomed participants to the No Place Like Home (NPLH) program workshop in Redding.  This public workshop is the first in a series of four being held around the state to discuss the revised program guidelines released by the Department of Housing and Community Development (HCD) on April 28, 2017.  These regional workshops are being held by HCD to identify any remaining issues with the structure of the grant program.  

This framework document outlines the policies and processes for implementation of all aspects of the program, such as how money will be dispersed to applicants.  A number of revisions have been made to the original guidelines released in December 2016 based on feedback from multiple workshops held earlier in the year.

Legislation signed into law last year enacted the NPLH program, which provides $2 billion in bond funding to counties for permanent supportive housing of homeless persons experiencing serious mental illness.  Specifically, the program will provide funding to all counties through three different funding paths: Competitive, Over-the-Counter, and Technical Assistance.  NPLH will be funded through portion of Mental Health Services Act funding, also referred to as Prop 63 funding, which is funded through a 1 percent tax on personal incomes above $1 million. 

A list of upcoming public workshops and the draft revised guidelines can be accessed here.  The public comment period for the draft guidelines will end May 30, 2017.

Deadline Approaches for SGMA Implementation

In 2014, landmark water legislation – Senate Bill 1168 and Assembly Bill 1739 – were chaptered, establishing the Sustainable Groundwater Management Act (SGMA), thus providing a framework for local agencies to develop plans and implement strategies to sustainably manage groundwater resources within a defined period.  The next significant deadline for the implementation of SGMA is fast approaching.  By June 30, 2017, a local agency/agencies in each high or medium priority groundwater basin must have officially formed one or more Groundwater Sustainability Agencies (GSA) for the entire basin, and submitted it to the Department of Water Resources (DWR).  

Other upcoming deadlines include that by January 31, 2020, each high or medium priority groundwater basin that is subject to critical conditions of overdraft must be managed under a Groundwater Sustainability Plan (GSP), and by January 31, 2022, all remaining high or medium priority groundwater basins must be managed under a GSP with a final review by DWR by January 31, 2024.  California’s local agencies, including counties, are all aggressively working to meet the deadlines to ensure proper implementation of SGMA as outlined below.

GSA Formation (to Date)

188 local agencies (including coordinated efforts by a combination of local agencies) have submitted GSA formation notifications.  Many local agencies have submitted multiple notifications in multiple basins.  The 188 local agencies account for 301 separate areas in 115 basins.

  • Of the 301 separate areas:
    • 127 are exclusive GSA areas;
    • 71 have a non-overlapped notification within a 90-day period; and
    • 103 have overlap to resolve.
  • Of the 115 basins that are partially or completely covered by GSA notifications:
    • 31 basins are low or very-low priority.
    • 84 basins are medium or high priority and are subject to SGMA requirements.

Most of the overlapping GSA notifications are expected to resolve the overlap prior to June 30, 2017, and most counties have stated they will become the GSA in the unmanaged areas of a high- or medium-priority basin if needed.

All GSA notifications can be submitted, viewed, and managed within the SGMA Portal.

Senate Cap-and-Trade Proposal Offers Rebates, Restricts Offsets

On Monday, Senate Bill 775 was amended to introduce a new proposal to overhaul California’s carbon Cap-and-Trade program and extend it beyond its current 2020 sunset.  The bill, authored by Senator Bob Wieckowski (D-Fremont) and backed by a number of high-ranking Democratic legislators, including Senate President Pro Tempore Kevin de León (D-Los Angeles), would extend the program indefinitely and change a number of provisions in the current Cap-and-Trade structure. 

Among the most glaring changes is the elimination of free allowances in future carbon credit auctions.  Currently, the program offers a number of free carbon allowances at each quarterly auction for smaller facilities that might have difficulty competing in an auction scenario with larger businesses.  SB 775 will eliminate free allowances, but place a cap on the price of carbon credits in the auction.  The proposal will also eliminate the ability of participants in the program to purchase offset credits from “green projects,” such as forest restoration projects, unless they are controlled by the State.  Finally, the proposal would create a rebate program for California residents that the author hopes will offset the pass-through of cost increases to capped industries that the new program would impose.

Governor Brown has said that he will not sign a Cap-and-Trade expenditure plan until the program is extended until at least the year 2050, but has not yet publicly weighed in on SB 775.  The bill must be passed by a two-thirds vote, and would take effect immediately. 

Senate Hearing on PILT and SRS

This week, the Senate Energy and Natural Resources Committee, chaired by Senator Lisa Murkowski (R-Alaska) held an oversight hearing to examine federal payments to local governments provided through the Secure Rural Schools and Community Self Determination Act (SRS) and the Federal Payments in Lieu of Taxes (PILT) program.  The hearing addressed the need to provide greater fiscal certainty for resource-dependent communities with tax-exempt federal lands.  

Representatives for the U.S. Department of the Interior, U.S. Department of Agriculture, the National Association of Counties, and states provided testimonies.  Of significance, Mark Haggerty of Headwaters Economics provided testimony to the Committee members regarding Headwaters’ proposal to create a Natural Resources Trust to safeguard federal payments to counties.  Furthermore, witnesses expressed concerns regarding the need for federal forest management reform as counties face the compound threat of decreased forest revenue and declining forest health.

A federal lands payment reform package is expected to emerge from the Senate in the coming weeks.  RCRC is fully engaged and supportive of alternative approaches in dealing with forestry reform and federal land payments.

Video of the hearing can be accessed here.

Legislation Introduced to Extend SRS

This week, Senator Orrin Hatch (R-UT) and Congresswoman Cathy McMorris Rodgers (R-WA) introduced bi-partisan legislation in the Senate and House to extend Secure Rural Schools and Community Self Determination Act (SRS) payments.  S. 1027 and H.R. 2340 would retroactively reauthorize SRS for two years to complete payments in fiscal year (FY) 2016 and ensure funding for FY 2017.  

The Senate measure, which is co-authored by Senator Dianne Feinstein, would also:

  • Clarify the use of unelected Title II funds;
  • Eliminate the merchantable timber pilot requirement;
  • Clarify, through a technical fix, the availability of funds per section 207(d)(2);
  • Extend the time available to initiate Title II projects and obligate funds for the 2-year reauthorization; and,
  • Title II and III Elections: due to time-constraints for counties to change their elections, counties will have to stay with current elections.

This is a crucial development for public lands in counties.  California’s rural counties rely on SRS funding to maintain local roads and the reauthorization of SRS is so critical to the day-to-day operation.  Authorization for SRS expired in September 2015.

House Passes Bill to Replace and Repeal Obamacare

On Thursday, the House passed the White House and House Republicans’ comprehensive healthcare bill, the American Health Care Act (AHCA).  The purpose of the legislation is to replace the Affordable Care Act (ACA).  

The bill will now be sent to the Senate for further consideration.  The bill is expected to be significantly changed in the Senate prior to any potential for passage on the Senate floor.

House and Senate Pass Omnibus Appropriations Package – Funding for Federal PILT Included

The House and Senate have finally agreed to an omnibus appropriations package that will provide funding to the federal government for the remainder of Fiscal Year 2017 (FY17).  For the past 7 months, the federal government has been funded by a Continuing Resolution that has kept the government funded at the same levels as FY16.  The FY17 deal will provide $1.1 trillion, a slight decrease in funding from the previous year, for discretionary spending on defense and domestic programs.  

Important to RCRC member counties, the Federal Payments-in-Lieu-of-Taxes program (PILT) will be funded in FY17 at $465 million.  Additionally, the omnibus package will fully fund the 10-year average for wildfire suppression through the U.S. Forest Service at $1.248 billion, while also providing an additional $400 million of emergency funds for wildfire suppression should the agency expend the full 10-year average amount.  The deal also includes $500 million for TIGER transportation grants.  Unfortunately, however, the Land and Water Conservation Fund received a $50 million reduction from FY16 levels ($450 million).  The bill did not fund the Secure Rural Schools program. 

The spending bill was passed by the House on Wednesday, and the Senate followed with a vote of approval on Thursday.  The spending package now goes to the President, who has announced he will sign the bill into law by Friday night’s CR deadline.  

House Hearing on National Monuments

This week, the House Natural Resources Committee Federal Lands Subcommittee held an oversight hearing entitled “Examining the Consequences of Executive Branch Overreach of the Antiquities Act.”  During the hearing, both the Chair of the Subcommittee, Rep. Tom McClintock, and the Chair of the full Committee, Rep. Bob Bishop, expressed the need for Congress to place new limitations on the ability for the President to designation national monuments.  

The Ranking Member of the full Committee, Rep Raul Grijalva, continued to express his support for maintaining the Antiquities Act, as well as raised the issue of whether or not one President could repeal monument designations from his predecessor.  A good portion of the hearing was spent discussing the Katahdin Woods and Waters National Monument in Maine.  Additionally, over 400 conservation groups signed onto a letter to the President, Interior Secretary Ryan Zinke, and Commerce Secretary Wilbur Ross, expressing opposition to changes to any of the national monuments currently under review by the recent Executive Order.  The letter also praised the Antiquities Act as “one of our nation’s most critical conversation tools.” 

OMB Releases Guidance Regarding Trump Deregulation Executive Order

The Office of Management and Budget (OMB) has released guidance on how federal agencies are to implement the President’s Executive Order (EO) entitled “Enforcing the Regulatory Reform Agenda.”  As stated in the EO, the guidance directs each agency to establish a task force to review existing regulations for modification or repeal.  

The OMB guidance indicates that the EO applies to all cabinet level agencies, as well as the Environmental Protection Agency and the National Aeronautics and Space Administration.  Independent federal agencies are not subject to the order, but they are encouraged to comply.  Any agency can also seek a waiver to the EO, but if granted a waiver, it can be revoked at any time.  The guidance specifies that agencies must include in their Fiscal Year 2019 annual performance plan a list of their deregulatory actions, including opportunities for public comment.  Agencies must also include the task force recommendations for deregulations.

BULLETIN BOARD

NACo Announces 2017 Achievement Award Winners – Tuolumne, Placer, and San Luis Obispo Counties Recognized

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RCRC Hosts Mother Lode Regional Trade Services Workshop

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California Office of Emergency Services (Cal OES) Hazard Mitigation Grant Program

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