Barbed Wire - October 10, 2014

October 10, 2014
Water Curtailments May Be Lifted During Substantial Precipitation Events
Sustainable Agricultural Lands Conservation Program Draft Guidelines Released
Proposed Waters of the U.S. Comment Period Extended
USFWS Proposes Threatened Status for Fisher Due to Illegal Marijuana Growing Practices
EVENTS/NOTICES
LEGISLATIVE UPDATE
REGULATORY UPDATE

Water Curtailments May Be Lifted During Substantial Precipitation Events

The Executive Director of the State Water Resources Control Board (State Water Board) has notified post-1914 appropriative water rights holders in the Sacramento, San Joaquin, Russian, and Eel River watersheds of plans to temporarily release them from curtailment during upcoming intermittent significant precipitation events. 

Due to timing concerns, the State Water Board will only provide electronic notification of these short-term opportunities.  The State Water Board’s notices will be distributed on a real-time basis solely via e-mail through the Drought e-mail subscription, available here (select Water Rights and then Drought Updates).

Water right holders should monitor the State Water Board’s e-mail notices and/or website to take advantage of these temporary actions.  The State Water Board notice can be accessed here.

Sustainable Agricultural Lands Conservation Program Draft Guidelines Released

The Strategic Growth Council (SGC) has posted preliminary draft guidelines for the Sustainable Agricultural Lands Conservation Program (SALCP).  These Guidelines serve as the Request for Grant Applications, and application forms for the SALCP.  Written comments will be accepted on this draft until Friday, October 31, 2014. 

The primary purpose of the SALCP is to support the State’s climate adaptation and greenhouse gas (GHG) emission goals by making strategic investments that prevent the conversion of critical agricultural lands to urban or rural residential development.  There are three major elements to the long term investments proposed for the SALCP, the third of which will be addressed in future years. 

The elements are:

  • Sustainable Agricultural Land Strategy Plans – grants to cities, counties, and partners to inventory and evaluate which agricultural lands are most highly productive and critically threatened.
  • Agricultural Conservation Easements – provide funding to leverage the permanent protection of strategically located agricultural conservation easements on highly productive and critically threatened agricultural land.
  • Land Management Incentives – leverage U.S. Department of Agriculture and other funding sources to incentivize management practices designed to reduce GHGs or sequester carbon on working agricultural operations.

The draft guidelines can be accessed here.

RCRC is concerned that it will be difficult for rural counties to compete for these funds, especially if they adopt the CalEnviroScreen as the sole tool for selecting “disadvantaged communities.”  RCRC is soliciting comments from member counties.  For additional information please contact RCRC staff Mary Pitto at mpitto@rcrcnet.org.  

Workshops on the guidelines will be held later this month in Oroville, Bakersfield, and Watsonville.  Full workshop details can be accessed here.

Proposed Waters of the U.S. Comment Period Extended

The U.S. Environmental Protection Agency (EPA) and the U.S. Army Corps of Engineers (Corps) announced extending the comment period on their jointly proposed rule amending the definition of Waters of the U.S. to expand the range of waters that fall under federal jurisdiction.  The comment period deadline has been extended until November 14, 2014. 

This is an extremely controversial proposal that would expand federal jurisdiction over a number of bodies of water, including conveyance ditches, water supply systems, storm water drains, and flood conveyance systems.  The change will result in additional costs, compliance responsibilities, and enforcement actions, and could place counties at great risk of third party lawsuits and other actions.  RCRC encourages member counties to file comments on the proposed rule, if you have not yet done so, and include county-specific examples of water bodies that will be impacted by the rule. 

The announcement can be viewed here.  RCRC’s comment letter can be viewed here.  The proposed rule can be accessed here.

USFWS Proposes Threatened Status for Fisher Due to Illegal Marijuana Growing Practices

The U.S. Fish and Wildlife Service (USFWS) has proposed listing the West Coast Distinct Population of fisher as threatened under the Endangered Species Act.  The proposal was officially released in the Federal Register on October 7, 2014 for a 90 day comment period.  In an accompanying news release, the USFWS cited the use of anti-coagulant rodenticides on public and private lands as a significant contributor to the decline of the species.  Such rodenticides are commonly found on illegal marijuana cultivation sites, and have been shown to be a cause of fisher deaths in certain areas on the West Coast, including the Southern Sierra Nevada.  No critical habitat designations are being proposed as a result of the listing, and the final determination on the listing is expected within a year. 

The USFWS has announced one public hearing in Redding, and a series of workshops in California, Oregon, and Washington to take public input on the proposal.  The California workshops will be held in Arcata, Yreka, Turlock, and Visalia.  Comments are due by January 5, 2015.  Full hearing and workshop details, as well as all other information on the proposal and instructions for filing comments, can be accessed here.

EVENTS/NOTICES

Infill Infrastructure Grant Program – Notice of Funding Availability

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. 

AB 1174 (Bocanegra) Dental Professionals.  AB 1174 establishes the Virtual Dental Home (VDH) system statewide, and extends the scope of practice for registered dental assistants and dental hygienists such that they are able to perform early intervention procedures on underserved patients who traditionally are not able to go to a dental office for treatment.  Status: Signed by the Governor.  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. 

Proposed Regulations for Compostable Materials, Transfer/Processing, Permit Application Form, and Permit Exemptions: The purpose of the proposed regulation is to protect public health, safety, and the environment by more effectively regulating solid waste facilities that handle compostable materials.  Agency: CalRecycle Status: Formal rulemaking begins October 10, 2014, with comments due by 4:00 p.m. on December 5, 2014.  A public hearing has been scheduled for December 10, 2014.  RCRC Comments: Staff will review the proposed regulations, and is seeking input from member counties.  A copy of the proposed regulations can be accessed here.  RCRC Advocate: Mary Pitto mpitto@rcrcnet.org

Preliminary Discussion Draft of Updates to the CEQA Guidelines: The preliminary discussion draft of updates to the CEQA Guidelines to implement SB 743 (Steinberg, 2013), and address the evaluation of transportation impacts under CEQA.  Agency: The Governor’s Office of Planning and Research (OPR) Status: Draft language released August 6, 2014, with comments extended to November 21, 2014.  Comments should be submitted to CEQA.Guidelines@ceres.ca.govRCRC Comments:  Staff is seeking input from member counties.  A copy of the preliminary discussion draft can be accessed here. RCRC Advocate:  Mary Pitto mpitto@rcrcnet.org