Barbed Wire - September 12, 2014

September 12, 2014
2014 RCRC Annual Meeting – Less Than Two Weeks Away!!!
Water Rights Implementation and Enforcement Comments Solicited
Water Resources Proposals Sought
Review of Integrated Regional Water Management Report Released
Temperance Flat Storage Project Draft Environmental Impact Statement Released
Governor Signs Timber Harvest Plan (THP) Exemption
State Proposing First Environmental Fees on Marijuana Growers, High Speed Rail
California Receives $22 Million in 2014 Farm Bill Conservation Funding
Fiscal Year 2015 Continuing Resolution
Environmental Review and Permitting Process at DOT
House Passes Bill Blocking Administration’s Waters of the U.S. Rule
LEGISLATIVE UPDATE
REGULATORY UPDATE

2014 RCRC Annual Meeting – Less Than Two Weeks Away!!!

RCRC’s 2014 Annual Meeting will be held September 24-26 at the Resort at Squaw Creek in Placer County.  RCRC is excited about the developing program where you will hear experts discuss a wide range of topics of interest to rural counties, including panels on the Endangered Species Act, Marijuana in Colorado (One-Year Later), Ethics in Politics, Gambling in California, and Rural Economic Development.

To register for the 2014 Annual Meeting or to review the current program, click here. Please note that you need to make your room reservations independently from the Annual Meeting registration.

Water Rights Implementation and Enforcement Comments Solicited

The State Water Resources Control Board (State Water Board) is seeking comments on actions that should be taken to most effectively implement and enforce the water rights priority system in future dry years.  The primary objective is to improve the State Water Board’s and water users’ confidence in the technical tools and analysis that will be used for making determinations on water availability relative to water rights priority.  Written comments are due by noon on Wednesday, October 15, 2014.  The solicitation notice can be accessed here.

Water Resources Proposals Sought

The U.S. Army Corps of Engineers (Corps) is requesting proposals from non-federal interests for feasibility studies and modifications to authorized Corps water resources development projects or feasibility studies.  The request for proposals is required by the Water Resources Reform Act of 2014 (WRDA).  Proposals must be submitted by December 3, 2014.  The Federal Register notice can be accessed here.    

Review of Integrated Regional Water Management Report Released

The Department of Water Resources (DWR) recently released Review of IRWM Planning and Implementation in California.  The 48 Integrated Regional Water Management (IRWM) regions, 42 of which have adopted an IRWM plan, cover about 87 percent of the State’s geographic area, and 99 percent of the population.  The document contains a variety of interesting statistics on the various IRWM regions.  The report documents progress in IRWM planning over the past 12 years, summarizes the support provided by state IRWM grants, and documents the number and types of IRWM projects funded.  The report can be accessed here.

Temperance Flat Storage Project Draft Environmental Impact Statement Released

The Bureau of Reclamation has released the draft Environmental Impact Statement (DEIS) for the Upper San Joaquin River Basin Storage Investigation.  The location of the proposed dam site is at Temperance Flat on the upper San Joaquin River.  The dam and reservoir would be 665 feet high with a capacity of 1.44 million acre-feet.  The DEIS can be accessed here

Public hearings on the DEIS are scheduled as follows: 

Tuesday, October 14, 2014

1:00 p.m. – 3:00 p.m.

Bureau of Reclamation, Mid-Pacific Region

2800 Cottage Way

Cafeteria Conference Rooms 1001-1002

Sacramento, CA  95814

Thursday, October 16, 2014

6:00 p.m. – 8:00 p.m.

Piccadilly Inn

2305 West Shaw Avenue

Fresno, CA  93711

Written comments are due before midnight Tuesday, October 21, 2014.

Governor Signs Timber Harvest Plan (THP) Exemption

This week, Governor Jerry Brown signed Assembly Bill 2142 (Chesbro) into law. AB 2142 is an expansion of AB 744 from last session, authored by Assembly Members Dahle and Gordon.  AB 744 created a pilot program to broaden the reach of the existing Forest Fire Protection Act THP exemption.  The original law created a system by which work could be done on forested lands without obtaining a THP, avoiding the lengthy and costly process and improving the odds that fire prevention projects could move forward. However, the exemption was very limited due to the political environment and was used on a disappointingly small number of projects. 

AB 744 was intended to show in a pilot program setting, that easing some of those restrictions, including raising the diameter limit of the trees eligible for removal from a stand, could result in more forest management work without unduly harmful consequences on the environment. However, in the final days of the last year’s legislative session, only certain less controversial counties were included in the pilot program. AB 2142 extends the reach of this pilot program into additional coastal counties previously omitted in AB 744. RCRC supported each of these measures, and advocated strongly last year to include the coastal forested counties in AB 744. The provisions of AB 2142 will become law January 1, 2015. 

AB 1867 (Patterson), another THP exemption measure dealing with defensible space work, still awaits action by the Governor. The Governor has until midnight on September 30, 2014 to sign or veto all the measures received by him at the end of session.

State Proposing First Environmental Fees on Marijuana Growers, High Speed Rail

The State Water Resources Control Board (State Water Board) has released draft emergency regulations increasing many of the fees paid under the agency’s various water quality programs, including land disposal operations and confined animal facilities.  For the first time ever, the State’s proposal also includes fees on legal marijuana cultivation in the North Coast and Central Valley regions, with the biggest operations assessed a $10,000 annual fee, and includes a sizeable $150,000 annual fee for the High Speed Rail Authority. 

The State Water Board was enabled to assess a fee on marijuana growers by the creation of a new marijuana enforcement program in the 2014-15 State Budget.  The program’s fees will be used primarily for cleanup and mitigation of water pollution from illegally deployed pesticides and herbicides, as well as fixing issues caused by unauthorized stream diversion for irrigation of marijuana crops.  RCRC, along with several individual counties, has been working closely with various state agencies and legislators to explore ways to stop the adverse environmental impacts of illegal marijuana cultivation activities on the State’s water supply, wildlife, and forest lands.  The water quality fee is the first in many proposed steps California will be taking to mitigate the damage and stifle illegal operations.

Since the proposal has been given emergency status, there will only be a short seven-day public comment period, with written comments due by noon on September 18, 2014.  The State Water Board is scheduled to hear the proposal at its September 23, 2014 meeting.  The fee proposal and supporting documents can be accessed here.

California Receives $22 Million in 2014 Farm Bill Conservation Funding

Tom Vilsack, Secretary of the United States Department of Agriculture (USDA), announced $328 million (California $22 million) in conservation funding to be invested to help landowners protect and restore key farmlands, grasslands and wetlands across the nation.

The funding is provided through the Agricultural Conservation Easement Program (ACEP), which was created in the 2014 Farm Bill to protect critical wetlands and encourage producers to keep lands in farming and ranching.  Approximately 380 projects nationwide were selected to protect and restore 32,000 acres of prime farmland, 45,000 acres of grasslands and 52,000 acres of wetlands. 

Through ACEP, private or tribal landowners and eligible conservation partners working with landowners can request assistance from USDA to protect and enhance agricultural land through an agricultural or wetland easement. These easements deliver many long-term benefits.  For example, this year's projects will:

  • Improve water quality and wetland storage capacity in the California Bay Delta region; and,
  • Protect prime agricultural land under high risk of development in urban areas to help secure the nation's food supply and jobs in the agricultural sector.

ACEP consolidates three former Natural Resources Conservation Service (NRCS) easement programs – Farm and Ranch Lands Protection Program, Grasslands Reserve Program, and Wetlands Reserve Program – into two components.  One component protects farmlands and grasslands, and the other protects and restores agricultural wetlands.

Fiscal Year 2015 Continuing Resolution

The new federal fiscal year starts on October 2, 2014, and not one of the FY 2015 funding bills have been signed into law. As such, without Congressional action, the federal government will shut down on October 1, 2014. Earlier this week, the leadership of the House of Representatives announced their intent to consider and hopefully pass a Continuing Resolution (CR) to fund the federal government through December 11, 2014. The CR will enable Congress to come back after the November 4th mid-term elections and determine how it wants to complete action on the fiscal year 2015 Budget.

Environmental Review and Permitting Process at DOT

On September 9, 2014, the House Transportation and Infrastructure Committee held a hearing on the Federal Environmental Review and Permitting Process for highway and bridge projects nationally. State officials from around the country testified about their experiences with the federal permitting process for surface transportation projects, asking for Congress to streamline the process. Michael Kraman spoke on behalf of the Transportation Corridor Agencies in Irvine, California.

House Passes Bill Blocking Administration’s Waters of the U.S. Rule

On Tuesday, the U.S. House of Representatives passed H.R. 5078, the “Waters of the United States Regulatory Overreach Protection Act of 2014.” This bill would prohibit the Environmental Protection Agency (EPA) and the Army Corps of Engineers (Corps) from implementing their proposed rule on Waters of the U.S. The bill passed 262-152 with just one Republican opposing it and 35 Democrats supporting it. Seventeen members, 13 of them Democrats, did not vote on the bill. Due to the controversial nature of this bill, it is unlikely that the bill would be considered in the Senate before the November election.

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 2142 (Chesbro) Timber Harvesting Plans.  AB 2142 would extend the Forest Fire Prevention Exemption pilot project, as created by AB 744 of 2013, to include additional areas of the state that have significant fire hazard risks.  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. 

Draft Interim Guidance to Agencies on Use of Greenhouse Gas Reduction Monies for Investments to Benefit Disadvantaged Communities: The draft describes a general approach for project categories and administering agencies on the project types that are most likely to be located within or provide benefits to disadvantaged communities.  California Environmental Protection Agency (CalEPA) and the Office of Environmental Health Hazard Assessment (OEHHA) developed the CalEnviroScreen to identify a specific list of disadvantaged communities.  SB 535 (2012) requires state agencies to allocate 25 percent of GGRF monies to projects that provide benefits to disadvantaged communities.  Agency: Air Resources Board Status: Comments on this draft Interim Guidance and the alternative approaches that might be used to identify disadvantaged communities are due September 15, 2014, with the ARB consideration at their September 18, 2014 Board meeting.  RCRC Comments: RCRC is concerned that strictly using the CalEnviroScreen to identify disadvantaged communities limits rural county eligibility for GGRF monies, and will be submitting comments.  The draft Interim Guidance can be accessed here.  The Alternative Approaches to Identifying Disadvantaged Communities can be accessed hereRCRC Advocate: Mary Pitto mpitto@rcrcnet.org

California Carpet Stewardship Plan Annual Report: The Carpet America Recovery Effort (CARE) has submitted their annual report for review and approval.  Agency: CalRecycle Status: Report posted July 1, 2014, hearing scheduled for September 16, 2014.  RCRC Comments: CalRecycle staff found the Annual Report to be non-compliant and directs CARE to address the key issues outlined in their Request for Approval (RFA) in CARE’s Program and 2014 Annual Report.  The CalRecycle RFA report can be accessed here.  The Annual Report can be accessed hereRCRC 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 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, comments due by October 10, 2014.  RCRC comments: Staff is seeking input from member counties.  A copy of the preliminary discussion draft can be accessed hereRCRC Advocate:  Mary Pitto mpitto@rcrcnet.org

Proposed Emergency Regulations to Adjust 2014-15 Water Quality Fees: The emergency regulations propose increases to several categories of water quality fees, including storm water and land disposal fees.  The proposal also includes, for the first time, fees for marijuana cultivation.  Agency: State Water Resources Control Board.  Status: Will be considered at the September 23, 2014 Board meeting.  Comments due by noon on September 18, 2014.  Proposed fees and related documents can be accessed hereRCRC Comments: Staff is seeking input from member counties.  RCRC Advocate:  Staci Heaton sheaton@rcrcnet.org

Endangered Species Act: Amendments; Definition of Destruction or Adverse Modification of Critical Habitat: The proposed regulation changes the definition of “Destruction or Adverse Modification of Critical Habitat” and gives more case-by-case discretion to the U.S. Fish and Wildlife Service.  Agency: U.S. Fish and Wildlife Service Status: Draft published on May 12, 2014 for a 180-day comment period, comments due on October 9, 2014. The proposed regulation and related documents can be accessed here.  RCRC Comments: Staff is seeking input from member counties.  RCRC Advocate: Staci Heaton sheaton@rcrcnet.org

Regulations Governing Designation of Critical Habitat Under Section 4 of the ESA, 50 CFR 424:  The proposed regulation modifies the procedures for designating critical habitat under the Endangered Species Act, and could expand critical habitat for a species to areas that are not currently inhabited by that species.  Agency: U.S. Fish and Wildlife Service, National Marine Fisheries Service Status: Draft published on May 12, 2014 for a 180-day comment period, comments due on October 9, 2014.  The proposed regulation and related documents can be accessed hereRCRC Comments: Staff is seeking input from member counties.  RCRC Advocate: Staci Heaton sheaton@rcrcnet.org

Definition of “Waters of the United States” Under the Clean Water Act: The proposal changes the definition of “Waters of the United States” in the Clean Water Act and expands federal jurisdiction over waterways.  Agency: U.S. Environmental Protection Agency, U.S. Army Corps of Engineers Status: Draft published on April 21, 2014 for a 180-day comment period, comments due October 20, 2014.  Proposed regulation and related documents can be accessed here.  RCRC Comments: Click here RCRC Advocate: Staci Heaton sheaton@rcrcnet.org