Barbed Wire - September 5, 2014

September 5, 2014
2014 RCRC Annual Meeting - Less Than Three Weeks Away, Make Sure You've Reserved Your Room!!!
Groundwater Management Legislation Heads to Governor
Congress Returns from August Recess
House Likely to Pass Another Bill to Halt Water Rule
EPA Weighs in Against Bay Delta Conservation Plan
EVENTS/NOTICES
LEGISLATIVE UPDATE
REGULATORY UPDATE

2014 RCRC Annual Meeting - Less Than Three Weeks Away, Make Sure You've Reserved Your Room!!!

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.

Groundwater Management Legislation Heads to Governor

In the last days of the 2014 Legislative Session, the Senate and Assembly approved a three bill package to advance the sustainable management of groundwater.  The package is now headed to the Governor’s desk, where he is expected to sign them into law. 

The three bills would enact the Sustainable Groundwater Management Act.  Senate Bill 1168 (Pavley) includes provisions related to establishing groundwater sustainability agencies and the adoption of groundwater sustainability plans, while Assembly Bill 1739 (Dickinson) includes provisions related to implementation tools and enforcement.  Senate Bill 1319 (Pavley) is a “clean-up” bill that contains language changes agreed upon too late to be amended into either of the two primary bills.

During an Assembly Appropriations Committee hearing on SB 1168 the evening of Thursday August 28, Senator Pavley pledged to work with the opposition and other stakeholders next year to address unresolved issues, including the creation of an expedited adjudication process. RCRC will be working with our member counties on the provisions of the bill package to determine any changes or additions needed to be addressed in the next legislative session.   

Amendments to the bill package relating to local land use authority, among other things, resulted in RCRC removing opposition to the bills.  SB 1168 can be accessed here.  AB 1739 can be accessed here.  SB 1319 can be accessed here

Congress Returns from August Recess

The U.S. House of Representatives and the U.S. Senate will each reconvene on Monday, September 8, 2014 after five weeks of recess.  Each chamber will likely be in session until late September before recessing until after the November elections, although an earlier adjournment is possible.  Prospects for any significant legislation during this month are not good, although Congress’ main priority is enacting a continuing resolution (CR) to fund the federal government beyond September 30, 2014.  Most observers believe the Congress will enact a short-term funding authorization that carries the federal government through the Mid-term Elections. 

House Likely to Pass Another Bill to Halt Water Rule

Not satisfied that two appropriations bills containing language to halt a proposed rule defining Waters of the U.S. will ensure the end of the controversial rule, the House is scheduled to vote September 9, 2014 on H.R. 5078 to scuttle the rule and replace it with a two-year consultation process involving state and local governments.  The bill has bipartisan support and is expected to easily pass the House.  Its future in the Senate is bleak with only two weeks until the next recess, and a history of the Senate disapproving of restrictions on EPA’s rulemaking authority.  The rule proposed by EPA and the Corps of Engineers has been criticized in numerous hearings on Capitol Hill, and the agencies have been forced to extend the public comment period until October 20, 2014.

EPA Weighs in Against Bay Delta Conservation Plan

U.S. Environmental Protection Agency (EPA) Region 9 Administrator Jared Blumenfeld is raising questions about potential environmental impacts of the proposed Bay Delta Conservation Plan water tunnels.  Blumenfeld asserts that “operating any of the proposed conveyance facilities…would contribute to increased and persistent violations of water quality standards in the Delta.”  The EPA also raises concerns about concentrations of mercury, selenium, and pesticides in the Bay Delta because of water diversions.  While Region 9’s comments do not reflect the final position of the EPA on the $25 billion Bay Delta Conservation Plan, it seriously questions the proposed plan, and claims that other alternatives such as conservation and additional levee improvements have not been adequately considered.  The Department of Water Resources (DWR) recently announced that some portions of the plan will be revamped and announced early next year, after which an additional public comment period will be opened.

EVENTS/NOTICES

NACO Grassroots Webinar: Effective Advocacy in the Final Weeks of the 113th Congress

Click here

State Water Board to Host Workshop on the Clean and Drinking Water State Revolving Funds

The State Water Resources Control Board (State Water Board) and EPA Region 9 are hosting a free training workshop for communities and borrowers on the Clean and Drinking Water State Revolving Funds. The workshop will be held October 16, 2014 at Cal EPA Headquarters in Sacramento.  Read More…

Details:

October 16, 2014

8:00 a.m. – 5:00 p.m.

Cal EPA Headquarters

Coastal Hearing Room

1001 I Street

Sacramento, CA 95814

Registration is required.  The registration form can be accessed here.  The draft agenda can be accessed here.  Please contact the State Water Board with any questions at CleanWaterSRF@waterboards.ca.gov or (916) 327-9978.

EPA to Discuss Science Behind Waters of the U.S. Rule

The U.S. Environmental Protection Agency (EPA) has announced two conference calls on September 26 and 29, 2014 from 10:30 a.m. to 1:30 p.m. PST to discuss the scientific basis for the proposed rule changing the definition of Waters of the U.S. under the Clean Water Act.  The calls will be conducted by the EPA Science Advisory Board staff office, and will focus on the connectivity of streams and wetlands to downstream waters and the whether or not the science behind the proposed rule is adequate.  

The proposed Waters of the U.S. rule is extremely controversial, with a wide variety of stakeholders (including RCRC, the National Association of Counties, and the American Farm Bureau Federation) calling for the proposal to be withdrawn on the basis that it inappropriately and dramatically expands the jurisdiction of EPA and the U.S. Army Corps of Engineers over both public and private waterways.  The rule has also been the target of bipartisan Congressional criticism, and has been the subject of numerous Congressional hearings.  Rather than withdrawing the rule to work more closely with concerned stakeholders, EPA has responded by launching a widespread media campaign to discredit criticism of their proposal.  The rule is currently in the midst of an open public comment period, with comments due on October 20, 2014.

The Science Advisory Board reports on the connectivity of streams and wetlands to downstream waters can be accessed here.

Written statements on the topic can be sent to Dr. Angela Nugent, EPA Science Advisory Board, at nugent.angela@epa.gov by September 19 for the September 26 call, and by September 23 for the September 29 call.  Interested parties can also request to be added to the list of presenting speakers by contacting Dr. Nugent at the same e-mail address.  RCRC will publish specific conference call details when available.

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 1522 (Gonzalez) Employment/Paid Sick Days.  AB 1522 would require employers, including cities, counties and special districts, to provide one hour of paid sick leave for every 30 hours worked.  Amendments were made on the last night of the Legislative Session to exclude employers (the state and counties) for providing paid sick leave to In Home Support Services workers.  Status: Gained final passage in both houses of the Legislature and awaits the Governor’s consideration.  RCRC Position: Neutral

SB 1292 (Hueso) Safe Drinking Water State Revolving Fund.  SB 1292 would increase the maximum amount of a construction grant award from $3 million to $5 million for a water system serving severely disadvantaged communities.  Status: Gained final passage in both houses of the Legislature and awaits the Governor’s consideration.  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. 

Endangered Species Act: Amendments; Definition of Destruction or Adverse Modification of Critical Habitat: 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.  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: 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.  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: 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 hereRCRC Advocate: Staci Heaton sheaton@rcrcnet.org

Draft Urban Flood Risk Reduction Program Guidelines and Proposal Solicitation Package: The Urban Flood Risk Reduction (UFRR) Program was created through the Central Valley Flood Protection Plan (CVFPP) to address investment priorities in urban areas in the Sacramento-San Joaquin Valley.  The Bond funds to be used for the UFRR Program are authorized by Proposition 1E.  Agency: Department of Water Resources Status: DWR will review all public comments received prior to finalizing the Guidelines.  RCRC Comments: Click hereRCRC Advocate: Mary Pitto mpitto@rcrcnet.org

Preliminary Draft Staff Report on the SB 375 Greenhouse Gas Emissions Reduction Target Update Process: The draft identifies issues to be considered in the first four year review of the regional passenger vehicle greenhouse gas (GHG) emission reduction targets for the 18 Metropolitan Planning Organizations (MPOs) for 2020 and 2035.  Agency: Air Resources Board Status: ARB is seeking public input before preparing a revised staff report with recommendations for target updates presented to the Board in October.  For notice of the three upcoming September public workshops, click here.  RCRC Advocate: Mary Pitto mpitto@rcrcnet.org.

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: The report will be discussed at the September 16, 2014 CalRecycle meeting.  RCRC Comments: Staff is seeking input from member counties.  The Annual Report can be accessed hereRCRC Advocate:Mary Pittompitto@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 Pittompitto@rcrcnet.org