Discussion Draft of Significant Effects and Hazards in the CEQA Guidelines. The proposed revisions specifically address the requirement to analyze hazards that a project may risk exacerbating and are in response to the California Supreme Court’s decision in California Building Industry Association v. Bay Area Air Quality Management District (2015) 62 Cal. 4th 369. Agency: The Governor’s Office of Planning and Research (OPR) Status: The draft language was released October 21, 2016, with comments due by November 21, 2016. A copy of the draft can be accessed here. RCRC Comments: Staff is seeking input from member counties. RCRC Advocate: Mary Pitto mpitto@rcrcnet.org
Working Draft 2017 CVFPP Update. The Working Draft 2017 Central Valley Flood Protection Plan (CVFPP) Update has been released for initial public review. First adopted in 2012, the CVFPP guides the State’s participation in the managing flood risk in areas protected by the State Plan of Flood Control. The Update will further refine the State Systemwide Investment Approach (SSIA) to support flood risk management actions locally, regionally, and systemwide. Agency: Department of Water Resources (DWR) Status: The Working Draft was released on October 28, 2016 with public comments due November 28, 2016. The Working Draft 2017 CVFPP Update can be accessed here. RCRC Comments: Staff is seeking input from member counties. RCRC Advocate: Mary Pitto mpitto@rcrcnet.org
Proposed Pesticide Use Near School Sites Regulation. While current regulatory requirements for pesticide applications near schools vary from county to county, the proposed regulation will provide minimum statewide standards for all agricultural pesticide applications near public K-12 schools and child day care facilities. The proposed regulation will require growers to notify public K-12 schools, child day care facilities, and County Agricultural Commissioners when certain pesticide applications made for the production of an agricultural commodity near a school site are planned in the coming year, and again a few days prior to the applications. In addition, certain pesticide applications near these school sites will be prohibited at certain times. Agency: Department of Pesticide Regulation (DPR) Status: The proposed regulations were released in September 2016, with public comments now due December 9, 2016. Public hearings were held on November 15 and 16, in Oxnard and Tulare, respectively and one more is scheduled for December 9, 2016, in Salinas. The public notice with public hearing time and location details and the draft regulations can be accessed here. RCRC Comments: Staff is seeking input from member counties. RCRC Advocate: Mary Pitto mpitto@rcrcnet.org
General Plan Safety Element Review and Assessment. The proposed rule establishes a standardized review process for the Board of Forestry review of a draft element or a draft amendment to the safety element of a county or a city’s general plan that contains State Responsibility Area (SRA) or Very High Fire Hazard Severity Zone. Agency: Board of Forestry and Fire Protection (Board) Status: The proposed rule was published October 28, 2016, with comments due by December 13, 2016. The Board anticipates holding a public hearing on January 24, 2017. The proposed rule can be accessed here. RCRC Comments: Staff is seeking input from member counties. RCRC Advocate: Mary Pitto mpitto@rcrcnet.org
California Paint Stewardship Program 2016 Annual Report. PaintCare has submitted their California Paint Stewardship Program 2016 Annual Report (Report) to CalRecycle. Agency: CalRecycle Status: Report posted November 3, 2016, with public comments regarding the performance of the paint stewardship program due December 19, 2016. CalRecycle will make a subsequent determination regarding compliance within 90 days. RCRC Comments: Staff is seeking input from member counties. The Report can be accessed here. RCRC Advocate: Mary Pitto mpitto@rcrcnet.org
Floodplain Management and Protection of Wetlands. The proposed rule implements the Federal Emergency Management Agency (FEMA) Federal Flood Risk Management Standard (FFRMS) update for a Housing and Urban Development (HUD) assisted or financed project involving new construction or a substantial improvement that is situated in an area subject to floods. Agency: US Department of Housing and Urban Development. Status: The proposed rule was published October 28, 2016, with comments due by December 27, 2016. The proposed rule can be accessed here. RCRC Comments: Staff is seeking input from member counties. RCRC Advocate: Mary Pitto mpitto@rcrcnet.org
Amendments to the Portable Engine ATCM and the PERP. Revisions to the Portable Engine Airborne Toxic Control Measure (ATCM) and the Statewide Portable Equipment Registration Program Regulation (PERO) are being proposed. The current ATCM requires subject fleets of engines to meet a series of fleet average emission standards for diesel particulate matter (DPM). The ATCM fleet standards became effective in 2013 and become more stringent in 2017 and 2020. Compliance with the future fleet requirements are projected to be very difficult. The proposed amendments include alternatives to the current fleet averages to protect public health while considering economic impacts to regulated fleets. Agency: Air Resources Board (ARB) Status: Draft regulations are dated September 9, 2016. A public workshop was held on November 10, 2016. The proposed regulations are anticipated to be released in early 2017, and considered at the March 2017 ARB public meeting. The draft regulations and additional information can be accessed here. RCRC Comments: Staff is seeking input from member counties. RCRC Advocate: Mary Pitto mpitto@rcrcnet.org