The Barbed Wire - November 20, 2015

November 20, 2015
Governor Issues Executive Order to Bolster State's Drought Response
Basin Boundary Regulations Go Into Effect
PPIC Report on Water Allocation Released
#AsmDrought
Water System Mandatory Consolidation or Extension of Service
Underfunded Water Needs
Winter Storm Preparedness
SWAP Companion Plan Comment Period Open
New EPA Proposal Offers Guidance on Prescribed Burning
House-Senate Conference Committee Begins Work on Transportation Bill
House Committee Passes Rural Water Bill
Three Marijuana Riders Could be Included in an Omnibus
House Committee Holds Contentious Hearing on LWCF
BULLETIN BOARD
REGULATORY UPDATE

Governor Issues Executive Order to Bolster State's Drought Response

As California prepares for a fifth year of drought, late last week Governor Brown issued an Executive Order that calls for additional actions to build on the state’s ongoing response to record dry conditions.  The Executive Order suspends the California Environmental Quality Act for actions taken by state and local agencies where the state agency with primary responsibility for implementing the directive concurs that local action is required, as well as for any necessary permits or approvals required to complete these actions.  

The Executive Order contains directives relating to groundwater recharge, urban potable water usage, safe and reliable drinking water, and power plant operation.  The full text of the executive order can be accessed here

Basin Boundary Regulations Go Into Effect

On Monday, the Department of Water Resources (DWR) implemented new groundwater basin boundary regulations.  The action comes well in advance of the January 1, 2016 Sustainable Groundwater Management Act deadline, effectively giving local agencies an additional six weeks to prepare their requests for any basin boundary changes.  DWR will accept requests from local agencies for basin boundary modifications from January 1, 2016 through March 31, 2016.  Information on the regulations as well as the new web-based reporting system and Groundwater Basin Boundary Assessment Tool can be accessed here.  

PPIC Report on Water Allocation Released

This week, the Public Policy Institute of California (PPIC) issued a report that lays out a set of legal and policy reforms the PPIC believes would improve California’s water allocation and water rights systems, and strengthen the state’s ability to weather droughts and a changing climate.  The reforms include streamlining state oversight of water rights, clarifying the allocation of water for environmental uses, and facilitating water trading.  The report, Allocating California’s Water - Directions for Reform, can be accessed here.  

#AsmDrought

Assembly Member Rich Gordon, Chair of the Assembly Select Committee on Water Consumption and Alternative Sources, held what is perhaps the first hearing with its own Twitter Account - #AsmDrought.  Additionally, Dr. Eilon Adar from Ben Gurion University of the Negev provided his international perspective on managing periodic severe drought via Skype from his home in Be’er Sheva, Israel.  Dr. Adar testified they had invested heavily in common shared infrastructure to provide agriculture with recycled water and provided the agriculture sector with incentives to utilize recycled water.  

At the conclusion of the hearing Chair Gordon asked each panelist “what are one or two things you would do right now to help improve the situation?”  Peter Gleick, President of the Pacific Institute, stated that Proposition 218 is a significant barrier that needs reform, and he would also accelerate the implementation of the Sustainable Groundwater Management Act.  Buzz Thompson, Director of the Stanford Woods Institute, would like to see a systematic approach and collaboration regarding research and development among water suppliers, and also agreed that Proposition 218 needed reform.  Finally, Ellen Hanak, Director of the Public Policy Institute of California, Water Policy Center stated she would like to see the state take over the Central Valley Project and to streamline the administration of water rights in order to better manage in real time.

Water System Mandatory Consolidation or Extension of Service

The State Water Resources Control Board’s (SWRCB) Division of Drinking Water has launched a webpage to keep the public informed of actions relating to water system mandatory consolidation or extension of service.  Senate Bill 88, a 2015 Budget Trailer Bill, authorized the SWRCB to mandate certain water systems to consolidate with, or receive an extension of service from, another public water system following a series of specific actions. 

As letters from the Division of Drinking Water are issued to water systems to consolidate with, or seek an extension of service from a public water system they will be posted to the program’s website, accessed here.  

Underfunded Water Needs

This week, the Senate Natural Resources and Water Committee held an informational hearing to hear from a variety of speakers on the state’s chronically underfunded water needs. 

An overview was provided by Lester Snow, Executive Director of the California Water Foundation, and Ellen Hanak, Director of the Water Policy Center of the Public Policy Institute of California.  Snow commented that constitutional reforms have made it more complicated to fund water needs, and a stable revenue stream (such as a public goods charge) is needed, especially to meet the needs of disadvantaged communities.  Hanak discussed the need to go beyond bonds to close funding gaps for “fiscal orphans” such as safe drinking water (small rural systems), flood protection, stormwater management, aquatic ecosystem management, and integrated water management. 

Specific underfunded needs discussed were safe and reliable drinking water in disadvantaged communities, stormwater management, flood protection, water infrastructure, and ecosystem restoration and stewardship.  Laurel Firestone of the Community Water Center stressed the need for affordable rates for disadvantaged communities, and funding assistance for water and wastewater operations and maintenance.  Kenneth Farfsing from the City of Carson spoke to the lack of funding for stormwater, the inability to level fees and charges, and the need to remove procedural barriers.  Melinda Terry with the Central Valley Flood Control Association discussed funding needs and funding challenges, including evaporating federal funding.  Xavier Irias with the American Society of Civil Engineering (ASCE) discussed the ASCE report that identifies national and state water infrastructure needs, and was followed by Brian Stranco with the Nature Conservancy, who discussed the need to fund ecosystem restoration.

The hearing agenda and presentations can be accessed here.  

Winter Storm Preparedness

This week, in partnership with RCRC, CSAC and the League of California Cities, the Governor’s Office hosted a winter storm preparedness conference call.  More than 220 local elected officials and key local government staff participated in the call with high level personnel from the Governor’s Office, the Governor’s Office of Emergency Services, and the Natural Resources Agency.  The call focused on the winter outlook and flood preparedness in anticipation of El Nino and increased precipitation.  

The Governor’s Office of Emergency Services emphasized their role to support emergency needs including mutual aid, tasking other state agencies, federal and out of state assistance.  Additionally, the call stressed that preparedness begins at home and the local level, through flood insurance, and building awareness in the local community. 

The PowerPoint presentation used in conjunction with the call can be accessed here.  Additional information regarding storm preparedness can be accessed here.

SWAP Companion Plan Comment Period Open

The California Department of Fish and Wildlife (CDFW) is seeking public comment on its nine draft companion plans, which will supplement the recently revised 2015 State Wildlife Action Plan (SWAP).  The public review period will run from November 16, 2015, through January 15, 2016.  In addition, the CDFW will hold a public meeting to present the plans and answer questions on November 30, 2015, from 1-3 p.m. in the Natural Resources Building Auditorium, 1416 Ninth Street, Sacramento.  

The companion plans focus on specific overarching issues that have a significant impact on the state’s fish and wildlife resources.  The plan categories are agriculture, consumptive and recreational users, energy development, forests and rangeland, land-use planning, transportation planning, tribal lands, water management, and marine resources.

The CDFW created these supplemental plans to provide more specificity to the overall SWAP.  Because these documents focus on a single issue, they can be easily adapted as new information is obtained and new management strategies developed.  The CDFW revises the SWAP every 10 years.  This process was completed in October 2015 and the plan is currently under review by USFWS.

The draft companion plans and comment form can be accessed here.  Comments may also be emailed to swap@wildlife.ca.gov or mailed to California Department of Fish and Wildlife, Attn: SWAP, 1416 Ninth Street, Suite 1221, Sacramento, CA 95814.

New EPA Proposal Offers Guidance on Prescribed Burning

The U.S. Environmental Protection Agency has released its draft amendments to the Exceptional Events Rule, and have included as a companion a draft Guidance on Preparing Exceptional Events Demonstrations for Wildfire Events that May Influence Ozone Concentrations (Guidance).  The Guidance provides methodology for air agencies to differentiate wildfire events from other planned fire events, such as prescribed burns, and to make the preparation and demonstration for these events more efficient.  

The Guidance has been released in response to concerns by stakeholders, including RCRC, that the National Ambient Air Quality Standards for ozone finalized earlier this year will essentially eliminate the use of prescribed burning as a method of fuels treatment in forest management projects.  The Exceptional Events Rule (Rule) allows for local and state air agencies to demonstrate events that they feel should be excluded from air quality data in their regulatory decisions.  Comments on the Rule amendments and draft Guidance are due by January 19, 2016, and can be accessed here.  

House-Senate Conference Committee Begins Work on Transportation Bill

On Wednesday, Members of the House and Senate met to begin formal discussions on reconciling differences between their respective versions of the DRIVE Act, the multi-year funding and policy bill for highways, bridges, and transit.  With an agreement likely but needing a little more time, Congress voted to extend current funding to December 4, 2015 in hopes that all remaining issues can be resolved by then.  The House bill increases funding for locally-owned on-system bridges, and both bills increase highway funding to localities and address rural road safety. 

House Committee Passes Rural Water Bill

Earlier this week, the House Energy and Commerce Committee passed the “Grassroots Rural and Small Community Water Systems Assistance Act” (S. 611).  This bill, originally introduced on the Senate side by Sen. Roger Wicker (R-MS), would provide increased technical assistance to rural drinking water utilities.  While the bill received bi-partisan support, Democrats expressed the need to expand the assistance for different types of water systems.  Additionally, Democrats raised the need to reauthorize the Clean Water State Revolving Fund to help water systems in all areas of the country.

Three Marijuana Riders Could be Included in an Omnibus

As Congress continues to work on a FY 2016 omnibus appropriations package, there are three policy riders regarding marijuana that could be included in the final bill.  First, there is language in the draft Senate Military Construction/Veterans Affairs Appropriations bill that would allow VA doctors to recommend medical marijuana to veterans in states where it’s legal.  Second, there is a provision in the draft Senate Financial Services Appropriations bill that would allow financial institutions to provide such services as checking accounts to recreational and medical marijuana companies in states where those products are legal.  Lastly, there is language in the House-passed Commerce, Justice, and Science Appropriations bill that would continue to block the Department of Justice from using funds to interfere with medical marijuana businesses in states where it’s legal.

House Committee Holds Contentious Hearing on LWCF

The House Natural Resources Committee held a hearing on a draft bill by Chairman Rob Bishop (R-UT) to overhaul the Land and Water Conservation Fund (LWCF).  Bishop’s proposal was praised by some, including State Park advocates who believe the bill restores Congress’ original intent to the program that the stateside program receives 60 percent of the funding.  The Department of the Interior, however, criticized the bill for being overly-prescriptive and for subsidizing the oil and gas industry.  

While Bishop acknowledged that there will likely be some changes to his draft, he does not support a straight reauthorization of the existing program.  Ranking Member Raul Grijalva (D-AZ) requested a second hearing on the issue so that Democrats could call their own witnesses.  It is unlikely that Bishop’s bill would pass Congress in its current form give strong opposition from Democrats, as well as some pro-LWCF Republicans.  

BULLETIN BOARD

USDA Announces $350 Million Available to Help States, Private Partners Protect and Restore Grasslands, Wetlands, and Working Lands

Click here

Environmental Protection Agency Seeking Nominations for Local Government Advisory Committee

Click here

Legislative Analyst’s Office: The 2016-17 Budget – California’s Fiscal Outlook

Click here

REGULATORY UPDATE

Addition of Gray Wolf to List of California Endangered Species:  Adds the gray wolf to the list of endangered species under the California Endangered Species Act. Agency: California Fish and Game Commission Status: Comment period ends 7, Commission decision scheduled for December 10 in San Diego.  Proposed regulatory language and related documents can be accessed here.    RCRC Comments:  RCRC is seeking member county input.  RCRC Advocate: Staci Heaton sheaton@rcrcnet.org

Proposed Exceptional Events Rule Revisions and Draft Wildfire Guidance:  Revises the Exceptional Events Rule to clarify demonstration of events such as prescribed burns and wildfires, provides guidance to air agencies on procedures.  Agency: United States Environmental Protection Agency Status: Draft available for public comment, comments due January 19, 2016.  Proposed regulatory language and related documents can be accessed here.    RCRC Comments:  RCRC is seeking member county input.  RCRC Advocate: Staci Heaton sheaton@rcrcnet.org