Barbed Wire - September 19, 2014

September 19, 2014
2014 RCRC Annual Meeting - See You Next Week!!!
State of Emergency Declared for El Dorado and Siskiyou Counties
Groundwater Management Legislation Signed by Governor
2014 Water Bond Field Poll Released
Temporary Restraining Order Denied in Rim Fire Salvage Lawsuit
Recidivism Reduction Court Grant Program RFP Released
Franchise Tax Board Offers Tax Relief to Napa Earthquake Victims
Fly-In to the Nation’s Capital to Advocate for Federal PILT Funding
Congress Averts Government Shutdown, Funds Efforts to Combat ISIS
EVENTS/NOTICES
LEGISLATIVE UPDATE

2014 RCRC Annual Meeting - See You Next Week!!!

RCRC’s 2014 Annual Meeting will be held September 24-26 at the Resort at Squaw Creek in Placer County.  RCRC is excited about next week’s 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.  

State of Emergency Declared for El Dorado and Siskiyou Counties

On Wednesday, Governor Jerry Brown declared a statewide emergency for El Dorado and Siskiyou Counties due to the devastating effects of recent wildfires, which have burned tens of thousands of acres and destroyed hundreds of homes.  “The wildfires in Northern California serve as a reminder that dry conditions can be the precursor to devastating loss,” said Governor Brown.  

Last week, the Governor issued Executive Order B-25-14, which waives fees to replace copies of birth certificates and drivers licenses for individuals who have been affected by the fires.

The full text of the emergency proclamation can be accessed here.  The full text of Executive Order B-25-14 can be accessed here.

RCRC will continue to monitor this issue and additional disaster relief assistance opportunities.

Groundwater Management Legislation Signed by Governor

This week, Governor Brown signed a three-bill package of legislation collectively known as the Sustainable Groundwater Management Act (Groundwater Management Act).  The Groundwater Management Act establishes a new structure for managing the State’s groundwater, and requires the formation of local groundwater sustainability agencies, the development of sustainable groundwater management plans for basins identified as high and medium priority basins, and establishes timelines for achieving sustainability. 

The bill package is comprised of Assembly Bill 1739 (Dickinson), Senate Bill 1168 (Pavley), and Senate Bill 1319 (Pavley).  The full text and related information for the three bills can be accessed via the links below.

SB 1168

AB 1739

SB 1319

RCRC moved from Oppose Unless Amended to a neutral position on the legislation package after amendments were taken to address local land use related issues of concern.

In his signing message, the Governor stated that his Administration would work with all affected groups to ensure that the law is fairly implemented, and that he will submit a proposal to streamline judicial adjunctions of groundwater rights for legislative consideration during the next legislative session.  The Governor’s signing message can be accessed here.

2014 Water Bond Field Poll Released

The Field Research Corporation recently released a poll on Proposition 1, the 2014 Water Bond on the November ballot, which shows that Californians support the Proposition by a nearly two-to-one margin.  Proposition 1 authorizes $7.5 billion in bonds to improve the state’s water quality, supply, and infrastructure.  Among likely voters surveyed, 52 percent said they are inclined to support Proposition 1, with 27 percent inclined to oppose, and 21 percent undecided. 

The survey did show that at the time the poll was conducted awareness of the Water Bond was quite low, with just 36 percent of likely voters saying they had seen or heard of something about the measure.

Detailed information on the Field Research Corporation poll can be accessed here.

Temporary Restraining Order Denied in Rim Fire Salvage Lawsuit

This week, the Federal Court denied a plaintiffs’ motion for a temporary restraining order (TRO) calling for an injunction to stop the implementation of the Rim Fire Recovery Decision (Decision) in the Stanislaus National Forest.  The lawsuit, backed by several environmental groups including the Center for Biological Diversity, the Earth Island Institute, and the California Chaparral Institute, was filed in federal court on September 4, 2014.  The complaint alleges the United States Forest Service (USFS) failed to prepare an analysis of the impact the logging will have on California’s spotted owls and other critical habitat. 

The Decision was released by Stanislaus National Forest Supervisor Susan Skalski last month in an effort to address some of the effects of last year’s devastating Rim Fire.  The Decision sanctioned the harvesting of burned trees on 24 square miles within the fire-damaged area, in addition to 28 square miles around roads and other areas to improve the public’s safety on those roads. 

The Decision immediately came under fire from certain factions of the environmental community, and the TRO was their attempt to prevent work from moving forward immediately.  Should the work be delayed, the value of the salvaged timber will be considerably diminished and therefore the cost to complete the project would increase dramatically.  The denial of the TRO is a victory for good forest management, and for that region so desperately in need of recovery efforts.

Recidivism Reduction Court Grant Program RFP Released

This week, the Judicial Council of California released their Request for Proposals (RFP) for the Recidivism Reduction Fund Court Grant Program (CGP).  The CGP provides funding for the administration and operation of various local judicial efforts that result in recidivism reduction, and enhance public safety.  Trial courts are required to consult with and submit a proposal on behalf of the court, county, and other appropriate local criminal justice system partners for the development of their grant proposal to avoid duplication of existing programs and services.  Recidivism reduction programs that use validated risk and needs assessments, evidence-based practices, and those that address the specific needs of mentally ill or drug-related offenses are strongly encouraged to apply.  

CGP funds are targeted toward California’s trial courts to establish ongoing operations and staffing of recidivism reduction programs in the following categories:

1.    Adult criminal collaborative courts that serve moderate and high-risk offenders

2.    Pretrial programs

3.    Court use of validated risk and needs assessments

Grants will be funded from April 1, 2015 through April 30, 2017 and will range between $300,000 - $600,000 each.  Courts will need to provide a notice of intent to apply by October 7, 2014, and RFP proposals are due December 15, 2014.

The CGP RFP can be accessed here.

Franchise Tax Board Offers Tax Relief to Napa Earthquake Victims

This week, the Franchise Tax Board (FTB) announced that state tax relief is available to taxpayers affected by the south Napa earthquake last month.  On September 11, 2014, President Obama declared a major disaster in Napa and Solano counties as a result of the 6.0 earthquake on August 24, 2014.  The declaration allows tax payers to claim disaster losses in the 2013 or 2014 tax year.  Additional information on how to file a claim can be accessed here.

Fly-In to the Nation’s Capital to Advocate for Federal PILT Funding

This week, a number of California’s county supervisors and RCRC’s Federal Affairs team joined the National Association of Counties’ (NACo) “Legislative Fly-in” to urge Congress to fund the federal Payment in lieu of Taxes (PILT) program.  Inyo County Supervisor Matt Kingsley and Trinity County Supervisor Judy Morris, along with approximately 25 other elected county officials, converged upon Washington, D.C. to meet with House and Senate leaders, key committee leaders, their respective congressional delegations, and senior officials from the Departments of Agriculture and Interior in order to highlight to need to extend permanent funding for both Federal PILT and Secure Rural Schools (SRS) programs. 

Late last year, federal PILT expired as a mandatory spending program, and counties’ last PILT payment was made earlier this year.  Congress must now take action to reauthorize PILT, although it appears to be stalled as a number of thorny issues exist involving funding for the U.S. Department of Interior.

Although not included in the Continuing Resolution, a bipartisan group of lawmakers sounded optimistic about the future of PILT.

“It will be in the omnibus, I promise you that,” said Rep. Chris Stewart, R-Utah, a member of the House Appropriations Committee.  “There’s bipartisan support over this.”

“Our mission, and I think that’s why you are here, is to get it extended permanently,” said Sen. Mark Udall, D-Colo. “I’m confident we can do that.”

SRS expired on September 30, 2013 and has yet to be reauthorized.  Participating counties received their 2013 payment in March of this year.  Last year, the House of Representatives passed H.R. 1526 - the “Restoring Healthy Forests for Healthy Communities Act” – authored by Representative Doc Hastings (R-Washington), Chairman of the House Committee on Natural Resources.  In short, that measure would make a number of forestry reforms associated with U.S. Forest Service lands, and include an extension of SRS payments to allow counties to transition to payments from active forest management.  The measure has not been considered in the U.S. Senate.

Senator Ron Wyden (D-Oregon) is expected to introduce legislation to continue PILT and SRS, as well as other federal resource programs.

The RCRC Board of Directors will receive a full update on the status of these programs as well as other federal issues at the September 26, 2014 Board meeting in Squaw Valley. 

Congress Averts Government Shutdown, Funds Efforts to Combat ISIS

Late this week, both the U.S. House of Representatives and the U.S. Senate adopted a Continuing Resolution (CR) to avoid a government shutdown at the end of the month, and fund the federal government until December 11, 2014.  This action suggests that long-term funding decisions will be made by a lame-duck Congress when the long-term makeup of the U.S. Senate becomes more clear.  The vote on the House-approved measure was delayed last week in response to a request by President Obama to provide funding and authorization to address an emerging threat from the Islamic State of Iraq and Syria (ISIS). 

The House voted 319-108 to send the CR bill (HR 124) to the Senate, with 143 Democrats and 176 Republicans voting in support, and 55 Democrats and 53 Republicans voting in opposition.  A detailed record of how the RCRC House delegation voted can be accessed here.  The Senate voted 73-22 to pass the short-term CR after much debate over several amendments were offered to alter the measure moving forward.  Both Senator Feinstein and Senator Boxer voted in favor of the CR.

While committees in both chambers may hold hearings on specific issues, Congress for the most part will break for recess through late November and early December.  Depending on the outcome of seats in the U.S. Senate, both houses are expected to reconvene to develop and adopt details over government finances to avert another government shutdown.  RCRC will use this possible opportunity to address a number of federal funding priorities, including the federal Payment in Lieu of Taxes (PILT) program and the Secure Rural Schools (SRS) program.

EVENTS/NOTICES

Stewardship Council 2013 Annual Report

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.  

SB 1353 (Nielsen) Local Government: Williamson Act.  SB 1353 would eliminate the sunset date on the alternative Williamson Act funding program giving counties that opted into the program the ability to continue this alternative funding mechanism for the Williamson Act.  The program works by shortening the length of Williamson Act contracts by 10 percent, in exchange for the forfeit by landowners of no more than 10 percent of their tax benefit.  Status: Signed by the Governor.  RCRC Position: Support