The Barbed Wire - May 9, 2014

May 9, 2014
Cost-Saving Elections Bill First Defeated, Then Passed
ACTION ITEM: RCRC Seeks Comments Regarding Proposed Renewable Energy Requirement
California Water Foundation Releases Groundwater Recommendations
Senate Committee Considers “Carcieri Fix”
Senate Transportation Bill to be Released Monday
DOT Sends States Warning Letters Regarding Highway Trust Fund Shortfalls
USFS Proposing Directives on Ground Water, Water Quality Best Management Practices
USDA Invests $78 Million in Local and Regional Food Systems
STATE LEGISLATIVE UPDATE

Cost-Saving Elections Bill First Defeated, Then Passed

On Tuesday, a bill which would have allowed counties to decide how to conduct special elections for Congress and the Legislature failed passage in the Assembly Elections and Redistricting Committee. Assembly Bill 1873 (Gonzalez/Mullin) would have allowed an election to occur by absentee/mail-in-balloting if a county so desired. A number of requirements were placed into the bill to allow for a limited form of in-person voting. RCRC strongly supported this measure (and similar past legislation) as it would have saved counties money due to the requirement of poll workers and other in-person materials needed for voting.

Then, in an interesting turn of events, the Assembly waived the rules, and the Assembly Elections and Redistricting Committee heard the bill again on Thursday.  This time, the measure passed.

It should be noted that the bill only applies to special elections for Congress and the Legislature, which, in recent years, have had extremely low rates of in-person voting.

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

ACTION ITEM: RCRC Seeks Comments Regarding Proposed Renewable Energy Requirement

Current law requires utilities to increase purchases of renewable energy such that at least 33 percent of total retail sales are procured from renewable energy resources by December 31, 2020. This is known as the Renewables Portfolio Standard (RPS). Current law defines a variety of different technologies as RPS eligible, such as biomass, solar thermal, photovoltaic, wind, and geothermal.  Senate Bill 1139 (Hueso) would create a 500 megawatt (MW) procurement requirement for new geothermal – in essence, a mandate that power providers purchase a certain amount of a certain type of renewable energy to meet their requirements under the RPS.  RCRC is seeking member county comments and positions on this proposal. 

Since many RCRC counties have existing biomass facilities with contracts nearing expiration, RCRC staff thought it pertinent to bring the measure to member counties’ attention as there are potential concerns that the bill may inadvertently affect the biomass generation industry. 

Please direct questions about this request and/or comments regarding SB 1139 (Hueso) to RCRC Legislative Advocate Cyndi Hillery at (916) 447-4806 or chillery@rcrcnet.org.

California Water Foundation Releases Groundwater Recommendations

On Tuesday, the California Water Foundation (CWF) released its groundwater management recommendations prepared for the Brown Administration and the State Legislature.  It is anticipated that the recommendations will be incorporated into Senate Bill 1168 (Pavley). 

The CWF’s recommendations for sustainable groundwater management are:

 ·        Adopt a definition of “sustainable groundwater management;

·         Develop a statewide program that establishes a system of prioritization for all sub-basins;

·         Establish local groundwater management entities (LGME’s);

·         Provide LGME’s with tools and authorities to achieve sustainability;

·         Require LGME’s to develop management plans with benchmarks and milestones;

·         Establish a clear a coordinated state role for assistance, oversight, and enforcement; and,

·         Provide funding for groundwater management.

RCRC staff is in the process of analyzing the CWF recommendations.  The CWF press release can be accessedhere. The CWF report can be accessed here.

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

Senate Committee Considers “Carcieri Fix”

This week, Senator Jon Tester (D-MT), Chair of the Senate Select Committee on Indian Affairs, held a hearing on several bills affecting Indian lands, including a bill to overturn the U.S. Supreme Court’s Carcieri v. Salazar decision. Three years ago, the Carcieri decision put a halt to the U.S. Department of the Interior taking land into trust for Tribes that were not recognized before 1934. 

The National Congress of American Indians (NCAI) testified in support of a fix that would allow for lands to be taken into trust regardless of when the Tribe was recognized, and not be encumbered with other issues such as notification and consultation of affected local governments. RCRC has long supported an improved fee-to-trust process that includes mandatory local government involvement, and does not support any “fix” to the Carcieri process that does not include this consideration.

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

Senate Transportation Bill to be Released Monday

On Monday, the Senate Environment and Public Works (EPW) Committee is scheduled to release their long-term federal surface transportation bill to reauthorize the Highway Trust Fund programs, with the bill scheduled for markup next Thursday.  The bill has bi-partisan support from both Senator Barbara Boxer, the Chair of the Committee, and Senator David Vitter (R-Louisiana), the Ranking Member on the Committee.  While RCRC does not have specific details on what will be included, Senator Boxer has made public statements that the bill would maintain federal-aid highway programs at current funding levels plus inflation for six years.  Senator Boxer’s remarks also included references to maintaining and expanding the Transportation Infrastructure Finance and Innovation Act loan program, which we suspect, based upon previous reports, will include provisions to benefit rural communities.  

It is unclear at this time if dedicated funding for High-Risk Rural Roads and/or On-System Bridges will be restored as RCRC has advocated for; although reports suggest that the Senate’s version will focus on a long-term authorization as opposed to one focused on making any major policy changes.  

It is still too early to determine if Congress will be able to reach an agreement on a surface transportation bill.  The measure to be unveiled on Monday reflects the Senate’s priorities in crafting a reauthorization of the Moving Ahead for Progress in the 21st Century Act (MAP 21).  The House of Representatives has yet to release its version of a MAP 21 reauthorization plan (MAP 21 expires at the end of September).  More importantly, the Senate’s deal does not address how it will be funded.  That aspect of the conversation, particularly in the U.S. Senate, will be left to the Senate Finance Committee as it also faces a mid-Summer deadline of the insolvency of the Highway Trust Fund, which provides funding for MAP 21 authorized projects.  As this deadline approaches, lawmakers have suggested they may need to pass a short-term temporary measure this summer to continue federally-funded transportation projects.  

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

DOT Sends States Warning Letters Regarding Highway Trust Fund Shortfalls

On Wednesday, U.S. Department of Transportation (DOT) Secretary Anthony Foxx sent letters to heads of state transportation departments warning them of the impending consequences if the Highway Trust Fund (HTF) becomes insolvent.  Secretary Foxx’s letter warned that states should expect delays in receiving disbursements from the HTF this summer if Congress fails to address the funding shortfalls.  As we have previously reported, if the HTF falls below the $4 billion funding level, which is projected to happen as soon as July, the DOT will immediately rein in reimbursements for all federally-supported transportation projects. 

During a hearing of the Senate Finance Committee this week, Joseph Kile, Assistant Director with the Congressional Budget Office testified that highway spending would need to be decreased more than 30 percent, and transit spending would need to decrease more than 65 percent over the next ten years to keep pace with available revenues.  Senate Finance Committee Chair Ron Wyden (D-Oregon) stopped short of providing any indication of how his Committee would pay to shore up the dwindling HTF, but mentioned a $10 billion price tag to keep the fund afloat through December, and an additional $18 billion for the projected shortfall through fiscal year 2015.

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

USFS Proposing Directives on Ground Water, Water Quality Best Management Practices

The U.S. Forest Service (USFS) has proposed directives on groundwater protection and water quality best management practices on national forest lands that will update the way national forests manage their lands.  This week, two separate proposals were released that establish new practices and procedures for monitoring, analyzing, and protecting water on forests and grasslands managed by the USFS.  While neither proposal directly establishes mandates on rural communities, both will affect how future travel management plans and forest plan amendments are approached, and how people are allowed to use the forests.  A greater focus on water quality and groundwater management has already been adopted in the updated National Forest Land Management Planning Rule (adopted in 2012), and this is one more step to tightening standards on USFS lands with respect to water management. 

The USFS is currently taking comments on both proposals. Comments on the Best Management Practices (BMP) proposal are due by July 7, 2014, while comments on the groundwater directives must be filed by August 4, 2014.  There is also a planned webinar on both proposals tentatively set for May 20, 2014, although it has not yet been officially noticed.  Information on both proposals, as well as links to the Federal Register notices, can be accessedhere.

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

USDA Invests $78 Million in Local and Regional Food Systems

This week, U.S. Secretary of Agriculture Tom Vilsack announced that the U.S. Department of Agriculture (USDA) is making a $78 million investment in local and regional food systems, including food hubs, farmer’s markets distribution facilities, and other local food business enterprises.  $48 million is being provided through the USDA’s Rural Development’s Business and Industry Guaranteed Loan Program, and $30 million is available through grants via the Agricultural Marketing Service’s (AMS) Farmers Market and Local Foods Promotion Program.  

“The 2014 Farm Bill has given USDA new tools, resources and authority to support the rural economy,” said Vilsack.  “These historic USDA investments in support of local food give farmers and ranchers more market opportunities, provide consumers with more choices, and create jobs in both rural and urban communities.”

Detailed information on the program and how to apply can be accessed here. Applications are due by June 20, 2014.

California Energy Commission Accepting Applications for Energy Efficiency Financing

Detailed information can be accessed here.

HCD Announces Notice of Funding Availability for Home Investment Partnerships Programs

Applications are due July 01, 2014. Detailed information 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 1331 (Rendon): Clean, Safe and Reliable Drinking Water Act of 2014.  AB 1331 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 billion pursuant to the State General Obligation Bond Law to finance a clean, safe and reliable drinking water program.  Status: Passed out of the Senate Environmental Quality Committee.  RCRC Position: Amendments Requested

SB 1410 (Wolk & Nielsen): Wildlife Management Areas: Payments.  SB 1410 would appropriate $19 million from the General Fund to the Department of Fish and Wildlife (DFW) to make payments to counties for past due PILT obligations.  SB 1410 also appropriates $2 million annually, beginning in the 2014-2015 fiscal year, to DFW for ongoing annual payments to the impacted counties.  Status: Placed on the Senate Appropriations Committee Suspense File.  RCRC Position: Support