Senators Feinstein, Padilla Reintroduce Bill to Reduce Risk of Catastrophic Wildfires, Increase Preparedness
February 2, 2023
Senators Dianne Feinstein (D-CA) and Alex Padilla (D-CA) recently reintroduced legislation – the Wildfire Emergency Act of 2023 (S. 188) – that aims to reduce catastrophic wildfires in the West. The bill utilizes a multi-pronged approach to tackle the increasing wildfire threat, namely large-scale forest restoration projects, hardening of critical infrastructure, and increased training of key fire response personnel.
Among other things, the legislation would authorize $250 million for a new program to conduct large-scale forest restoration projects. These landscape-level projects can include removing dead and dying trees, using controlled burns to reduce fuel for larger fires, and clearing out invasive and non-native species. It also would grant the U.S. Forest Service (USFS) with pilot authority to leverage private financing options to increase the pace and scale of forest restoration projects. These projects would involve a collaborative approach to forest management to ensure that the forests are protected. Each project could receive up to $50 million in new financing under this pilot program.
In addition, the bill would authorize $100 million in new grant funding to improve the energy resilience of critical grid infrastructure. Specifically, the program would help retrofit key structures (i.e. hospitals, police departments, fire stations, utilities etc.) so they can function effectively during power shutoffs. Funds also could be used to expand the use of distributed energy systems, including microgrids. Additionally, the legislation would expand the Energy Department’s weatherization program so that homes can be retrofitted to make them more resilient to wildfire through the use of fire-resistant building materials and other methods.
Finally, to combat chronic staffing challenges, the measure authorizes funding for programs to expand the forest conservation and wildland firefighting workforce. It also would establish a prescribed fire training center in the West to train the next generation of firefighters.
Senators Feinstein, Daines Reintroduce Bipartisan Bills to Improve Federal Forest Management, Protect Communities from Wildfire
On February 1, Senators Feinstein and Steve Daines (R-MT) reintroduced bipartisan legislation – the Root and Stem Project Authorization Act of 2023 (S. 199) – that would provide the USFS and the Bureau of Land Management (BLM) with an important new tool to improve the pace and scale of hazardous fuels reduction projects. Specifically, the legislation authorizes the agencies to propose and enter into stewardship contracts and agreements to complete environmental reviews.
Funding constraints and agency staff shortages can often limit the ability of the Forest Service and BLM to undertake the environmental reviews required by the National Environmental Policy Act (NEPA) for forest restoration projects. To address this issue, S. 199 would allow qualified, vetted contractors to prepare environmental analyses for forest management projects. Pursuant to the legislation, projects must be designed and implemented through a collaborative process, be proposed prior to completing the environmental review process, and may not exceed a period of ten years.
While NEPA regulations have long permitted a contractor retained by a Federal agency to prepare the necessary environmental documents, the Forest Service and BLM have seldom used this authority for forest restoration projects. However, if this executive level practice is codified into law, it would encourage the agencies to take advantage of the Root and Stem tool.
A companion bill has been introduced in the House by Congressmen Dan Newhouse (R-WA) and Scott Peters (D-CA). Finally, it should be noted that a previous iteration of the bill was unanimously approved by the Senate in 2022.
In addition to the Root and Stem Authorization Act, Senators Feinstein and Daines have also reintroduced legislation – the Community Wildfire Protection Act (S. 21) – that would expand access to federal wildfire mitigation grants. Specifically, the bill would amend the definition of an “at-risk community” to include any community at high risk for wildfire that would significantly threaten human life and property. The term, which is defined under the Healthy Forests Restoration Act of 2003 (16 U.S.C. 6511(1)), limits eligibility for federal grants to communities adjacent to federal lands or those identified in the Federal Register.
Feinstein, Padilla Introduce Homelessness Legislation
Senator Feinstein recently reintroduced legislation (S. 24) to address the root causes of homelessness. The measure, also referred to as the Fighting Homelessness Through Services and Housing Act, would establish a new competitive grant program within the Health Resources and Services Administration (HRSA) to increase capacity for comprehensive supportive services paired with housing as a way to address the homelessness crisis. Specifically, the bill would authorize $1 billion per year in federal funding to counties and other local government entities for supportive housing that provides comprehensive services and intensive case management. These flexible grants acknowledge that services such as behavioral health, job training, and addressing chronic health conditions help ensure that families remain housed.
It should be noted that local governments applying for grants under this program would be responsible for the housing as well as the aforementioned supportive services. In addition, grant recipients would be required to provide a 25 percent local match and report on measures of success, including whether individuals remain housed.
The measure, which has been referred to the Committee on Health, Education, Labor and Pensions, is cosponsored by Senators Padilla, Amy Klobuchar (D-MN), and Jeanne Shaheen (D-NH).
Rep. Napolitano Introduces State and Local General Sales Tax Protection Act
This week, Representative Grace Napolitano (D-CA) introduced legislation designed to protect state and local control of general application sales tax measures. The bill (H.R. 695), which has been endorsed by CSAC, is cosponsored by Representatives John Garamendi (D-CA) and Jared Huffman (D-CA).
The impetus for the legislation is a 2014 ruling from the Federal Aviation Administration (79 FR 66282) that requires States and local governments to spend the proceeds of any aviation-related tax – those derived from excise taxes and local general sales taxes – on airport uses only. Incidentally, the Conference Report to the Airport and Airway Improvement Act (P.L. 100-223) – which houses the statute that is the subject of the FAA’s ruling – denotes that the requirement to spend aviation-related tax proceeds for aeronautical purposes was “intended to apply to local fuel taxes only, and not to other taxes imposed by local governments, or to state taxes.”
Although the FAA’s rule went into effect in 2017, many jurisdictions have been granted significant time to come into full compliance with the terms of the agency’s requirement. According to the California State Board of Equalization (BOE), the FAA’s policy change – if fully enforced – will divert $17 million away from State law enforcement purposes and $17 million away from State health and social programs annually. Moreover, the BOE estimates that an additional $24 million per year in local general sales taxes will be diverted from their voter-approved purposes.
CSAC will be working with Representative Napolitano and key members of the California congressional delegation in an effort to advance H.R. 695 as part of this year’s FAA reauthorization bill.
House and Senate Republicans Introduce Measure to Overturn WOTUS Rule
Earlier today, Republican lawmakers introduced a formal challenge to the Biden administration’s “Waters of the United States” (WOTUS) rule through a Congressional Review Act Resolution of Disapproval. All told, the resolution has the support of 152 members of the House – including seven members of the California congressional delegation – and all 49 members of the Senate Republican conference. The CRA provides a mechanism for Congress to overturn certain final administrative actions.
The GOP resolution is in response to the Environmental Protection Agency’s (EPA) December 2022 rule repealing the Trump administration’s Navigable Waters Protection Rule (NWPR). According to congressional Republicans, the Biden administration’s rule, if finalized, will lead to sweeping changes to the federal government’s authority to regulate navigable waters and will result in significant impacts to small businesses, manufacturers, farmers, home and infrastructure builders, local communities, water districts, and private property owners.
For its part, EPA has indicated that the December rule – which is slated to take effect on March 20, 2023 – will establish a durable definition of WOTUS and will reduce regulatory uncertainty while protecting public health and supporting economic opportunity. The agency’s final rule essentially restores many of the water protections that were in place prior to 2015. Since that time, the scope of which waterways qualify for protection under the federal Clean Water Act has been the subject of various lawsuits and dueling interpretations by the Obama, Trump, and Biden administrations.
On a closely related matter, the U.S. Supreme Court is expected to issue a decision in the near future in the case of Sackett v. EPA. The outcome of the case, which involves a 14-year legal dispute over whether certain wetlands are considered waters of the United States, could require EPA to make modifications