State Responsibility Area Fee

SBX1 7 (Budget Committee) – Pending Action

ABX1 24 (Blumenfield) – Pending Action
As Amended September 1, 2011

SBX1 7 and AB1X 24 (same language) both stalled in their respective budget committees last week. ABX1 24, by Assembly Member Blumenfield, was heard by the full Senate Budget Committee; however, no action was taken on the bill. The Senate version was not taken up by the Assembly Budget Committee. Several Republican and Democratic Members spoke out against the proposal, including Assembly Member Chesbro. The bills would have completely overhauled the State Responsibility Area Fee regulations enacted by ABX1 29 – the measure that established the State Responsibility Area (SRA) Fee for fire “prevention” activities. Specifically, ABX1 24 would require a fee on landowners within the SRA of $1 per acre owned for the first 100 contiguous acres, and lesser amounts per acre for land over 100 contiguous acres, but a total amount not to exceed $3,000 for 10,000 or more acres owned. In addition, the bill would require a fee of not less than $175 for one building or structure in the SRA and $25 for each subsequent building or structure, with a $25 credit for those property owners who are located in an established fire protection district. 

The Office of Administrative Law is expected to approve the Emergency Regulations passed by the Board of Forestry on August 22, 2011. As you recall, the regulations implement ABX1 29, setting a general cap of $90 per year. They also agreed upon a series of discounts that would allow homeowners to reduce the fee up to $65. For example, a homeowner may deduct $10 if they live in a county with certified fire safe regulations or safety element; another $45 may be deducted if the property owner is already required to pay a local fire protection fee that supports a local fire prevention program; and those who pass an inspection for fire safety can take off another $10.

ABX1 45 (Jeffries) – In Assembly
As Introduced September 2, 2011

ABX1 45, by Assembly Member Jeffries, was not granted a committee hearing in the last days of session. This bill was a counter proposal to the aforementioned SRA Fee proposals. Specifically, ABX1 45 would repeal ABX 1 29, which requires the State Board of Forestry & Fire Protection to impose fees upon the property owners of human-habitable structures located within the SRA. Last minute maneuvering by the author to amend this language into another measure also failed. 

Energy

AB 724 (Bradford) – Two Year Bill
As amended August 30, 2011

AB 724, by Assembly Member Steven Bradford, would make overhauling changes to Public Goods Charge (PGC) funded programs. As previously reported, this bill would have reauthorized the PGC until 2020 and would require collection of $250 million for energy efficiency, $75 million for renewable energy, and $75 million for clean energy innovation. In addition, it requires increased reporting, public disclosure, and transparency of publicly owned utilities’ investments in energy efficiency and energy research conducted with PGC funds. The measure, one of several bills that included changes to the PGC, was the only bill to come up for a floor vote and only received 20 or the 27 votes needed to clear the upper house. 

SB 136 (Yee) – To Enrollment
Request for Veto

SB 136, by Senator Leland Yee, is on its way to the Governor for his consideration. This bill would expand the definition of ‘public works’ to include work done under private contract in connection with the construction or maintenance of renewable energy generating capacity or energy efficiency improvements for the purposes of prevailing wage requirements. This bill would mandate private companies to pay prevailing wage for their renewable energy generation and efficiency work performed on state or local property. CSAC, along with other local government groups, is opposed to this bill and will be requesting a veto by Governor Brown. CSAC is concerned that this bill would set a new precedent, opening up prevailing wage requirements to a host of new services by stating in section 1720.6 (a) “work performed in connection with construction or maintenance of renewable energy…” Local governments across the state are conducting energy audits, attempting to identify cost-saving and greenhouse gas reduction measures in their respective jurisdictions. By opening up these types of activities to prevailing wage requirements many of the cost savings generated by these programs would be consumed by these new requirements. 

SB 226 (Simitian) – To Enrollment
As Amended September 9, 2011 

SB 226, by Senator Joe Simitian, is on its way to the Governor for his consideration. This bill was amended in the last hours of session to include language that would allow several large scale renewable energy projects under consideration at the Energy Commission to convert from solar thermal to photovoltaic technology, without the need to file an entirely new application for certification or notice. In addition, the provisions of the bill dealing with the siting of solar on agricultural lands have been struck from the bill. CSAC’s concerns regarding this provision have been satisfied with this change. 

SB 226 would also make changes to the California Environmental Quality Act (CEQA) comment process and would make streamlining changes for rooftop solar. For information on the CEQA changes related to solar facilities, please see the Housing, Land Use & Transportation article in this same issue of The CSAC Bulletin.

Solid Waste

AB 341 (Chesbro) – To Enrollment
Neutral 

AB 341, by Assembly Member Wes Chesbro, is on its way to the Governor for his consideration. This bill would establish a state policy goal that 75% of solid waste generated be diverted from landfill disposal by 2020; requires a commercial waste generator to arrange for recycling services; and, requires local governments to implement commercial solid waste recycling programs designed to divert solid waste from businesses. CSAC has removed our opposition to this bill in light of the amendment that established the 75% diversion as a statewide goal and not a local mandate.

Weights & Measures

SB 744 (Wyland) – Two Year Bill
As Amended July 13, 2011

SB 744, by Senator Mark Wyland, was moved to the inactive file. This bill would remove the legal requirement that only licensed sealers of weights and measures, or licensed service agents can test and place into commercial service a weighing, measuring, or counting device, with particular reference to water sub-meters. The bill would allow any water sub-meter tested by a manufacturer to be deemed tested, sealed and approved for commercial use. Amendments now require manufacturers to notify the county sealer of water sub-meters at the time a meter is installed or otherwise placed in service. If a manufacturer fails to provide notice, a civil penalty of not more than $1000 may be applied. Despite these amendments, CSAC remains opposed to the bill.

Mining

AB 742 (Lowenthal) – Two Year Bill
As Amended August 16, 2011

AB 742, by Assembly Member Bonnie Lowenthal, remains in the Senate Rules Committee. This bill would prohibit a lead agency from approving a reclamation plan for an aggregate products operation if the operation is located on or within 2,000 yards of the external boundaries of an Indian reservation and is on or within 5,000 yards of a Native American sacred site, and is on or within 4,000 yards of the Santa Margarita River or an aquifer that is hydrologically connected to the river, unless the tribe whose reservation is nearest the operation consents to the operation. CSAC is opposed to this bill because we believe that it sets a dangerous precedent. CSAC believes that the existing permitting process is the appropriate channel for this debate to occur. Overriding existing laws and regulations related to siting of an aggregate mining operation would jeopardize the process the Legislature created exactly for this purpose.

Funding Opportunity for Forest Based Communities: Climate Adaptation Planning and Implementation

Climate Solutions University: Forest and Water Strategies (CSU) is the flagship program of the Model Forest Policy Program (MFPP), a national nonprofit organization that advocates for forest policies and practices that restore and sustain healthy productive forests, clean and abundant water supplies, and economically thriving climate-resilient communities. Established in collaboration with the Cumberland River Compact, CSU helps communities design and implement climate adaptation plans to protect local forest and water resources and support viable rural economies. Funding opportunities are now available. 

Each community develops and implements a Forest and Water Climate Adaptation Plan and Case Study by participating in a four-step multi-year process. Six communities will be provided $10,000 scholarships. The Model Forest Policy Program is now accepting applications from U.S. based rural forested communities for the 2012 Session of Climate Solutions University. Applications are available for download at www.mfpp.org. 

Trinity County was accepted into the 2011 program and has been working through the process this year.