County sets state, federal legislative priorities for 2011

LAKE COUNTY, Calif. – The county of Lake has submitted to legislators its annual lists of state and federal legislation priorities, which include assistance in promoting the health of Clear Lake, continued geothermal royalties to the county and funding for wastewater improvement projects.


The Board of Supervisors approved the final lists of priorities at its Dec. 14 meeting, the last meeting of 2010.


The top three federal priorities are permanent restoration of the county government’s share of geothermal resource royalties – which has brought millions to the county over the last several years – as well as adoption of a federal Clean Lake Restoration Act similar to the Tahoe Restoration Act enacted last year, and “aggressive federal initiatives and funding to combat the threat of invasive species to water bodies such as Clear Lake.”


On the state level, the board's No. 1 priority – which it added during the Dec. 14 meeting – is support for Assemblyman Wes Chesbro's proposed legislation, AB 9X, which would use 0.15 percent of the vehicle license fee to support local law enforcement programs. Those programs include the rural sheriff's funding program, which gives the Lake County Sheriff's Office about $500,000 annually.


The board also is seeking legislation to reduce the county's government's current restrictions on how it can use money from the Indian Gaming Special Distribution Fund and an increase in the ceiling on construction projects that are exempt from prevailing wage requirements.


During the Dec. 14 discussion, the board added a few other items to the lists.


Supervisor Denise Rushing wanted to lobby for the county to receive royalties from any energy project within its boundaries.


Supervisor Rob Brown requested a fingerprint clearinghouse relating to volunteers in youth programs, meant to avoid volunteers having to pay for multiple background checks.


The board also agreed to request a response on the list from state representatives.


The county submits the requests annually.


County Administrative Officer Kelly Cox said they've seen some results from submitting the lists.


“Last year, Congressman Thompson definitely went to bat for us on our top priority, restoration of geothermal royalties,” Cox said. “He also requested appropriations for several of the other projects that were on the list. Unfortunately, during the federal budget process funding for those requests were not approved.”


Cox said Thompson had success in prior years on other requests, including funding for the sewer and other infrastructure projects, the Middle Creek Restoration Project and even funding for buildings like the Kelseyville Senior Center.


“In regard to state requests, I think our state legislators take our requests into consideration and do what they can to help,” Cox said. “Assemblyman Chesbro has certainly been helpful in the past with the Middle Creek project.”


Cox added, “However, the state hasn't been in a position to provide much in the way of financial support for special projects. That's why we have submitted a list of items that do not require an appropriation but simply require regulatory changes. I am sure that both Assemblyman Chesbro and Sen. (Noreen) Evans will give the board's requests serious consideration and will provide whatever help they are able.”


The complete lists compiled by Cox's staff, including explanations, follow below.


Federal legislative priorities


1. Permanent restoration of county government’s share of geothermal resource royalties. This is the county’s top priority. A loss of this revenue to county government would have a devastating impact on Lake County.


2. Adoption of a federal Clean Lake Restoration Act similar to the Tahoe Restoration Act enacted last year. Clear Lake is the largest natural freshwater lake entirely within the boundaries of California and is of equal environmental significance as Lake Tahoe.


3. Aggressive federal initiatives and funding to combat the threat of invasive species to water bodies such as Clear Lake


4. Kelseyville Wastewater System-Completion of Effluent Pipeline ($1.5 million): The treatment plant improvements are nearing completion. These were paid for through a combination of grant (ARRA) and a State Water Board loan which is being repaid by a large rate increase. However, only a portion of the effluent pipeline (size increased from 6-inch to 12-inch diameter) between the plant and the disposal ponds was able to be completed due to limited funds. The requested funds would complete the project by adding approximately 9,500 feet of 12 inch ductile iron or welded steel pipe. These federal funds are being requested through the U.S. EPA.


5. County Service Area No. 20-Soda Bay Water Plant ($2 million): This plant is 20 years old and is challenged by severe Lake chemistry which reduces treatment and storage capacity. The California Department of Public Health (CDPH) has issued a regulatory directive to make system improvements. The county currently is moving forward with a rate increase process to address the financial deficiencies with the existing rate structure and a portion of the capital needs. This will occur in the first quarter of 2011. However, additional funds will be needed for intake pumping, replacement of ozone system, replacement of mixed filter media, plant piping improvements and storage capacity (100,000 gallons). These federal funds are being requested through the U.S. Department of Agriculture.


6. County Service Area No. 21-North Lakeport Water System ($2 million): This plant is 20 years old and is at its treatment capacity. Another treatment module (with ancillary facilities) is needed to remove a connection moratorium imposed by the CDPH. These federal funds are being requested through the U.S. Department of Agriculture.


7. County Service Area No. 2-Spring Valley Water System ($1 million): This system is under a Board of Supervisors-imposed connection moratorium and is in the process of having improvements made to the treatment and storage components. A rate increase process is under way and will be completed in the first quarter of 2011, which will address the current capital project. However, significant needs exist in the distribution system to resolve piping deficiencies which cause leakage. The level of funding requested would replace approximately 6,500 feet of 4-inch and 6-inch pipe with 8-inch plastic pipe on Quail Trail and Spring Valley Road. The increase in pipe size would also improve fire flows in the system. These federal funds are being requested through the U.S. Department of Agriculture.


8. A change in regulations in order to allow Department of Justice (DOJ) grant funding provided to local governments for marijuana eradication to instead be used for combating methamphetamines and other illegal drugs, at county law enforcement’s discretion.


9. Legislation requiring royalties to be paid for all forms of energy production on federal lands, similar to the royalty program that has existed in connection with geothermal energy production. Specifically, royalties should be paid by the operators of wind farm projects such as the one currently proposed at Walker Ridge in Lake and Colusa counties. Local governments should receive a share of the royalties, similar to the revenue sharing formula for geothermal royalties in the Energy Policy Act of 2005.


10. Legislation recognizing, acknowledging, and mitigating the impact that activities in the Mendocino National Forest have on the Clear Lake basin watershed. Runoff from illegal grading being conducted on these federal lands is having a serious impact on water quality in Clear Lake. Such illegal grading activities should be prevented from occurring, but when the do occur the federal government should provide funding for the necessary environmental clean-up measures in order to protect Clear Lake water quality.


11. Supplemental funding for the Middletown Library/Senior Center construction project ($300,000).


12. Funding for maintenance, rehabilitation and improvements to county roads.


13. Funding for county park improvement projects, including Hammond Avenue Park and Clearlake Riviera Park.


14. Funding for an earthquake retrofit at Lower Lake Historical Schoolhouse Museum.


15. Funding to assist with the construction of a new senior center in Clearlake Oaks ($300,000).


16. Amend the federal Family Medical Leave Act to limit leave to 36 months. Staff coverage, employee morale, productivity, training, supervision and work flow are all impacted by long-term intermittent Family Medical Leave. Long-term intermittent leave places undue stress on remaining employees whose health and well being are adversely affected by the uncertainty and stress of backfilling long term absenteeism of co-workers.



State legislative priorities


1. Passage of Assemblyman Wes Chesbro’s AB 9X to extend the 0.15 percent vehicle license fee rate in order to continue funding a variety of local law enforcement programs.


2. Legislation to lessen current restriction on local government’s use of monies in the Indian Gaming Special Distribution Fund. Regulations enacted in 2008 are overly restrictive. Local government needs to have broader discretion regarding how these funds are expended in order to meet local needs and priorities on a county-by-county basis, particularly during these challenging economic times.


3. Increase the current ceiling on construction projects that are exempt from prevailing wage requirements, which has not changed since 1981 (Labor Code section 1771). The current ceiling is $1,000. A ceiling of $25,000 or greater would be more realistic in today’s environment and would result in a cost savings to local government.


4. Increase the current ceiling on public construction projects that can be performed using county employees (via the force account method) per Public Contracts Code Section 22032(a). The current ceiling is $30,000. A ceiling of $50,000 or greater would be more realistic in today’s environment. It would provide more flexibility to local government and would result in a cost savings to the taxpayers.


5. Exempt Lake County from AB 1409 (Perez), which restricts the county road commissioner’s authority to use county staff for road construction projects. Small counties like Lake County need to be able to utilize every available option for maintenance, rehabilitation and reconstruction of the deteriorating road systems.


6. Increase local government’s discretion on use of Tobacco Education Grant funding. Current regulations are overly restrictive and do not enable local government to pursue more effective alternatives for achieving the program’s overall intent of reducing the use of tobacco products.


7. Legislation to provide for a streamlined and expedited environmental review process on small projects.


8. Amend state laws to provide more flexibility to counties relative to legal advertising requirements and allow the option of using online media for legal advertising.


9. Enactment of statewide guidelines governing marijuana cultivation and dispensaries. In the absence of state guidelines, local governments are adopting regulations that are inconsistent and in conflict with one another. These regulations may also be in conflict with state law and therefore are susceptible to eventually being overturned by the courts. The state needs to provide uniform, statewide guidelines as this has clearly become a statewide problem and statewide issue.


10. Eliminate the option of registering as a “transient” under Megan’s Law.


11. Development of a central clearinghouse and database for background checks of volunteers working in youth programs, in order to avoid the current need for volunteers to pay fees for multiple background checks that are required every time the individual volunteers for a different program – i.e., 4-H, youth basketball league, etc.


12. Enactment of state legislation to allow local government to extend Transient Occupancy Taxes (TOT) imposed on local campgrounds to also be applicable to campground rentals in state park campground facilities. This would result in no cost to the state as the TOT would be paid by users of the campground facilities and the state could retain a portion of the revenue to cover its minor administrative and collection costs. The current laws which do not allow the county to extend its local TOT to state campground facilities places privately owned campgrounds at a severe competitive disadvantage and results in a significant loss of local discretionary revenue.


13. A change in regulations in order to allow state grant funding provided to local government for marijuana eradication to instead be used for combating methamphetamines and other illegal drugs, at county law enforcement’s discretion.


14. Enact state legislation to appropriate available revenue to the Indian Gaming Special Distribution Fund. The revenue for the fund has been collected from Indian gaming facilities and needs to be appropriated to the Special Distribution Fund in order to be released to local governments.


15. Aggressive state initiatives and funding to combat the threat of invasive species to water bodies such as Clear Lake.


16. Continued funding and support of the Middle Creek Flood Damage Reduction and Ecosystem Restoration project.


17. Supplemental funding for the Middletown Library/Senior Center construction project ($300,000).


18. Funding for maintenance, rehabilitation and improvements to county roads.


19. Funding for county park improvements.


20. Funding for an earthquake retrofit at the Lower Lake Historical Schoolhouse Museum.


21. Community Development Block Grant funding to assist with the construction of a new senior center in Clearlake Oaks ($300,000).


22. Kelseyville Wastewater System-Completion of Effluent Pipeline ($1.5 million): The treatment plant improvements are nearing completion. These were paid for through a combination of a grant (ARRA) and a State Water Board loan which is being repaid by a large rate increase. However, only a portion of the effluent pipeline (size increased from 6-inch to 12-inch diameter) between the plant and the disposal ponds was able to be completed due to limited funds. The requested funds would complete the project by adding approximately 9,500 feet of 12-inch ductile iron or welded steel pipe. (Federal funds are being requested through the U.S. EPA.)


23. County Service Area No. 20-Soda Bay Water Plant ($2 million): This plant is 20 years old and is challenged by severe lake chemistry which reduces treatment and storage capacity. CDPH has issued a regulatory directive to make system improvements. The county is currently moving forward with a rate increase process to address the financial deficiencies with the existing rate structure and a portion of the capital needs. This will occur in the first quarter of 2011. However, additional funds will be needed for intake pumping, replacement of ozone system, replacement of mixed filter media, plant piping improvements and storage capacity (100,000 gallons). (Federal funds are being requested through the U.S. Department of Agriculture)


24. County Service Area No. 21-North Lakeport Water System ($2 million): This plant is 20 years old and is at its treatment capacity. Another treatment module (with ancillary facilities) is needed to remove a connection moratorium imposed by the CDPH. (Federal funds are being requested through the U.S. Department of Agriculture)


25. Reinstatement of MCAH State funding, so that the state can draw down multiples of federal dollars while providing care for mothers and children. For public health nursing services, the federal government matches every state dollar spent with three federal dollars. If the state spends nothing on MCAH services, it loses the opportunity to bring three times as many federal dollars into the state. MCAH funding also provides preventive care (a hallmark of public health), which saves millions of dollars annually in lengthy neonatal intensive care hospitalizations. For the past two years, both houses of the California Legislature have passed MCAH funding bills, only to have them vetoed by the governor.


26. County Service Area No. 2-Spring Valley Water System ($1 million): This system is under a board-imposed connection moratorium and is in the process of having improvements made to the treatment and storage components. A rate increase process is under way and will be completed in the first quarter of 2011. This will address the current capital project. However, significant needs exist in the distribution system to resolve piping deficiencies which cause leakage. The level of funding requested would replace approximately 6,500 feet of 4-inch and 6-inch pipe with 8-inch plastic pipe on Quail Trail and Spring Valley Road. The increase in pipe size would also improve fire flows in the system. (Federal funds are being requested through the U.S. Department of Agriculture)


27. State assumption of full responsibility for operation, administration and funding for the In-Home Supportive Services (IHSS) Program.


E-mail Elizabeth Larson at This email address is being protected from spambots. You need JavaScript enabled to view it. . Follow Lake County News on Twitter at http://twitter.com/LakeCoNews , on Facebook at http://www.facebook.com/pages/Lake-County-News/143156775604?ref=mf and on YouTube at http://www.youtube.com/user/LakeCoNews .

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