2014-15 Proposed Budget – 
Williamson Act/ PILT

This week the Williamson Act subvention program and the State Payment in Lieu of Taxes (PILT) were addressed by legislative budget subcommittees. On Tuesday, the Assembly Budget Subcommittee No. 4 heard testimony from the coalition of Williamson Act supporters including CSAC, RCRC, the California Farm Bureau Federation and the Nature Conservancy. Assembly Member Susan Eggman, who is not a member of the subcommittee, opened the dialogue, expressing her support for subvention funding. The general message from the subcommittee members was that the Governor should include the funding in his May revise. The item was left open for discussion at a future meeting following the release of the May revise.

On Thursday, the Department of Fish and Wildlife’s (department) non-payment of PILT payments to counties was discussed by members of the Senate Budget & Fiscal Review Committee. Senator Lois Wolk, author of SB 1410 (described below), attended the hearing to express her support for payment of the past due monies owed to counties and the resumption of the annual payments. Senator Jim Nielsen and Senator Hannah-Beth Jackson also indicated that the state should honor this obligation. RCRC and CSAC voiced strong support as well. This item was also left open in anticipation of the May revise.

SB 1410 (Wolk) – Support
As Introduced February 21, 2014

SB 1410, by Senator Lois Wolk, would appropriate $19 million from the State’s General Fund to the Department of Fish and Wildlife (DFW) to make payments to counties for outstanding obligations under the DFW Payment In Lieu of Taxes (PILT) program and to resume the annual PILT payments. It has been over a decade since adequate funding has been provided to the department to make the required payments to affected counties. Last year, the amount of monies owed to 36 counties was $17,130,473. This bill would require the State to pay the counties their back PILT payments as well as resume annual PILT payments. SB 1410 will be heard in the Senate Natural Resources and Water Committee on April 22, 2014. 

Mining

SB 1270 (Pavley) – Request Comments
As Introduced on February 21, 2014

SB 1270, by Senator Fran Pavley, would make several substantial changes to the Surface Mining and Reclamation Act (SMARA) and the lead agency role in SMARA enforcement. The changes that counties may find most relevant to them as lead agencies, are the provisions that would require specified components of a reclamation plan to be certified by a registered professional geologist; the proposed shifting of review and approval of financial assurances from the lead agency to the state; shifting of mine inspection responsibility from the lead agency to the state; and the amendment that would authorize lead agencies to opt out of implementing SMARA. Counties are encouraged to review SB 1270 and to provide comments to CSAC staff as soon as possible. This measure is scheduled to be heard before the Senate Natural Resources and Water Committee on Tuesday, May 22.

Land Use Mitigation

AB 1799 (Gordon) – Support
As Introduced February 18, 2014

AB 1799, by Assembly Member Rich Gordon, would exempt governmental entities and special districts from being required to provide endowments or other funding instruments for the long-term stewardship of mitigation property, so long as the governmental entity or special district demonstrates financial reliability and provides either a board resolution or contractual agreement for the long-term stewardship of mitigation property. 

Existing law provides state permitting agencies discretion to use a wide range of funding instruments to fund long-term stewardship of mitigation property. Some state permitting agencies, such as the Department of Fish and Wildlife have required the strictest funding instrument in the form of permanent endowments. An endowment calls for a large sum of money to be set aside upfront and those funds need to be held, managed, invested and disbursed solely for, and permanently restricted to, the long-term stewardship of the mitigation property. While CSAC understands and supports the benefit, goal and purpose of appropriate mitigation, the current approach to adequate financial funding of mitigation produces unnecessary financial impacts on local agencies by forcing them to set aside valuable tax payer dollars to maintain mitigation properties at the expense of other public needs, including critical public works projects and the employment they create. This bill will be heard on April 2, 2014 in the Assembly Local Government Committee.

Cap and Trade

AB 1970 (Gordon) – Support
As Introduced February 19, 2014

AB 1970, by Assembly Member Rich Gordon, would create the Community Investment and Innovation Program which will provide cap and trade funding, upon appropriation of the Legislature to local governments in the form of competitive grants and other financial assistance to develop and implement greenhouse gas (GHG) emission reduction projects. CSAC along with our local government partners are supporting Assembly Member Gordon in his efforts to develop a funding category for local GHG projects. This bill is substantially similar to last year’s AB 416. AB 1970 builds off the current, but expiring, local planning grants administered by the Strategic Growth Council (SGS). SGC used funds from Proposition 84 to award competitive grants to local governments for planning activities associated with reducing GHGs, such as climate action plans. AB 1970 would create the next, natural phase of these grants intended to fund GHG project implementation at the local level. CSAC is organizing a coalition of supporters for AB 1970. If you would like more information, or if you would like to participate in our advocacy efforts, please contact Cara Martinson. This bill will be heard on April 7th in the Assembly Natural Resources Policy Committee. 

Solid Waste

SB 1274 (Hancock) – Request for Comments
As Amended March 24, 2014

SB 1274, by Senator Hancock, is clean-up legislation to last year’s SB 254, the Used Mattress Recovery and Recycling Act. As you may recall, SB 254 requires manufacturers of mattresses to develop, finance, and implement a convenient and cost-effective plan to recover and recycle used mattresses generated in this State. SB 254 was signed by Governor Jerry Brown on 9/27/13, with instructions to the Department of Resources Recycling and Recovery to work with the authors of the bill to clarify their intent through clean-up legislation next session. SB 1274 attempts to address these issues. The bill would do the following:

Ensure local governments are provided with a mechanism for the recovery of illegally disposed used mattresses that is funded at no additional cost to the local government or solid waste facility.
Expands locations where an individual can drop off a mattress to include a recycler, renovator, authorized solid waste operation, or other municipal facility that accepts mattresses consistent with solid waste regulations.
Requires for the compensation for mattress drop off at a municipal facility to be determined by the municipal facility.

SB 1274 will be heard in the Senate Environmental Quality Committee on April 2, 2014.