HomeMy WebLinkAboutAgenda Packet - Legislative & Public Outreach Committee - 02/10/2011East Valley
Water District
LEGISLATIVE COMMITTEE
Date: February 10, 2011
Time: 4:00 p.m.
Place: 3654 E. Highland Ave, Suite 12
Highland, CA 92346
AGENDA
CALL TO ORDER
PLEDGE OF ALLEGIANCE
1. Public Comments.
2. Review Federal strategies relating to the Santa Ana Sucker Critical Habitat.
ADJOURN
Pursuant to Government Code Section 54954.2(a), any request for a disability- related
modification or accommodation, including auxiliary aids or services, that is sought in order to
participate in the above - agendized public meeting should be directed to the Districts
Administrative Manager at (909) 885 -4900 at least 72 hours prior to said meeting.
Eileen Bateman
From: Bob Martin
Sent: Monday, February 07, 2011 8:59 AM
To: Justine Hendricksen
Subject: FW: Drier and House Rules Prepare To Adopt a Resolution
From,
Sent: Monday, February 07, 20117:27 AM
To: Bob Martin
Subject: Drier and House Rules Prepare To Adopt a Resolution
:..
I know that this kind of "inside the Beltway" mumbo jumbo can seem a bit much for people who have real jobs, like
running water agencies, but what the House is doing this week is absolutely critical to how we can approach the sucker
issue on the Hill. It gives us a clear path on how to proceed. Here goes:
On Wednesday, Representative Dreier and his House Rules Committee will adopt an important resolution which will be
passed by the House later this week. This resolution applies only to the House. This resolution is very, very important to
those of us working the sucker issue because it lays out a process through which we can approach key authorization
committees and get there attention.
Simply put, the resolution instructs ten standing committees in the House, including Natural Resources to:
"inventory and review existing, pending, and proposed regulations, orders, and other administration actions or procedures
by agencies of the Federal Government, particularly with respect to their effect on jobs and economic growth. That each
standing committee designated in section 3 of this resolution shall inventory and review existing, pending, and proposed
regulations, orders, and other administrative actions or procedures by agencies of the Federal Government within such
committees jurisdiction. In completing such inventory and review, each committee ...... shall conduct such hearings and
other oversight activities as it deems necessary in support of the inventory and review and shall identify in any report
filed ... for the first session of the 112th Congress any oversight or legislative activity conduct in support of, or as a result of,
such inventory and review."
Here are the 10 different "matters for consideration."
1. impede private - sector job creation
2. discourage innovation and entrepreneurial activity
3. hurt economic growth and investment
4. harm the Nation's global competitiveness
5. limit access to credit and capital
6. fail to utilize or apply accurate cost - benefit analysis
7. create additional economic uncertainty
8. are promulgated in such a way as to limit transparency and the opportunity for public comment, particularly by
affected parties
9. lack specific statutory authorizations
10. undermine labor- management relations
11. result in large -scale unfunded mandates on employers without due cause
12. impose undue paperwork and cost burdens on small business
I can certainly pick out several among this list that I think we could apply to the sucker.
I am sorry that this is all so convoluted, but the fact is that we have to have a path forward on how to attack the sucker in
Congress. The most important step was the election of a Republican House in November. But this follow -on steps which
lay out the process we can follow, are equally important and show us clearly the path we can follow.
FYI
C -A
E'REDJ3. HICKS. PhD.
Managing Partner
T0: Bob Martin
FROM: Fred B. Hicks
HI('KS- R►CH.ARDSONASSOCIAJ F.
P.O. BOX 2115
SPRINCTHELD, VA2215 ` -01
January 28, 2011
ML. ?02- 866.1290
FAX: 703- 866.4928
LrnrdLfblwkCa wLwm
SUBJECT: Strategy for a Congressionally Focused Response to the Sar to Aria Sucker Critical Habitat Rule
OVERVIEW
The December, 2010 designation of the Santa Ana and San Gabriel River, as critical habitat for the Santa
Ana Sucker in our view poses perhaps the greatest challenge that water agencies in the Inland Empire
and the San Gabriel Basin have every faced. With a stroke of their regulatory pen, the US Fish and
Wildlife Service decreed that any water resource related decision made in the region would have to first
pass muster with them. This not only impacts the regional surface wader and groundwater supply but
also threatens to increase reliance on imported water if the local water <tipoly cannot be relied upon.
This in turn impacts the California Delta and all of the issues associated with �t.
It would be extremely unwise for stakeholders to sit on the sidelines uhi:e I IS Fish and Wildlife
relentlessly tightens its grip on the Santa Ana River through the critical habitat designation. One
possible response is to mount a legal challenge through the courts. While this might bring some relief it
would likely be expensive and take many years to resolve.
Another opportunity, which can be work along parallel lines with a legal chE Ilenge, is to reach out to the
United States Congress, particularly the House of Representatives, and ask for help in addressing the
sucker issue. The recently elected Republican majority in the House in-ludes several key
Representatives and staff, many of whom worked successfully with Fast Valley to address the proposed
USEPA radon rule a decade ago. We believe that this is the moment ter i ast Valley, acting in close
alliance with other stakeholders, to recreate the achievements associated with the radon rule and use
all that you have learned as a respected voice in the California water community to bring common sense
to the sucker issue.
Proposed Approach
The first step in the process is mobilizing the key stakeholders in this proces, which will include water
agencies in both the Inland Empire and the San Gabriel Basin and also intvre sted parties such as ACWA
and the Metropolitan Water Distrct of Southern California. Since each of these agencies has particular
expertise in working with various Members of Congress, we believe that io one party should assume
the lead with regard to this outreach but instead suggest that all parties s -io.ild ensure that they are
working in close coordination with the other stakeholders. In proposin;; this we are taking a page from
the very successful radon effort which achieved this level of coordination among California water
agencies as well as association stakeholders ranging from ACWA to Rural Water to the Association of
State Drinking Water Administrators.
We propose a dual outreach, focused on the Committees of Congress who have authorizing and
appropriations power over US Fish and Wildlife and that our initial efforts are focused on the Republican
House of Representatives. These Committees are, respectively, the Committee on Natural Resources,
most especially its subcommittees on Water and Power and Fisheries, Wildlife, and Insular Affairs and
the Appropriations Subcommittee on Interior, Environment, and Related Agencies. Our efforts should
focus on two specific deliverables to be achieved this calendar year:
Work with the Appropriations Subcommittee on Interior, Environment, and Related agencies to
explore FY12 Congressional Report language restricting Fish and Wildlife from moving forward
on the critical habitat issue until basic questions, particularly those involving economic impact,
have been addressed.
2. Work with the Natural Resources Committee, particularly the Water and Power Subcommittee,
to hold hearings both in Washington and a field hearing in Southern California concerning the
impact of the critical habitat ruling on both the water supply and the economy of Southern
California.
Here are details for how the sucker stakeholders could work with each of these Committees:
Appropriations Subcommittee on Interior Environment and Related Agencies
Representatives Jerry Lewis and Ken Calvert attempted to move an Appropriations rider for the FY11 bill
in this Subcommittee, using their position as Members on the Subcommittee. But they were thwarted
by the then Democratic majority. Now, Representative Calvert is the Vice Chair of this Subcommittee
and Representative Lewis is a Member. Also, Dave LesStrang is the new clerk. Dave played a key role in
the radon success of a decade ago and is now in an important position of responsibility with regard to
the US Fish and Wildlife Service budget. We propose an outreach to the Lewis and Calvert offices and to
the staff of the Subcommittee, in the person of Dave LesStrang, to explore options, including an
appropriations rider.
Natural Resources Committee
This Committee has jurisdiction over the US Fish and Wildlife Service, specifically through the Fisheries,
Wildlife, Oceans, and Insular Affairs Subcommittee. Of even greater importance is the Water and Power
Subcommittee, now Chaired by Representative Tom McClintock (R:CA). Mr. McClintock is vitally
interested in water resources issues in California, most especially the impact of Federal water policy on
the Central Valley. We believe that he and his Subcommittee staff will be concerned over the potential
impact that the critical habitat rule will have on the water supply of Southern California and, in turn, the
pressure this will bring to increase imported water supply which can only reduce the water available to
the Central Valley. We propose an outreach to Chairman McClintock of Water and Power and Chairman
Oceans, and Insular Affairs in support of Congressional hearings or the -ash and Wildlife critical habitat
designation.
Senator Feinstein
Senator Feinstein and her staff have shown a keen interest in the sucke issue. She should be kept fully
briefed on what the stakeholders are trying to accomplish. However we believe that the Senator's
comfort zone will be in direct rela =ion to the success of the stakehold : r working with the House of
Representatives.
Conclusion
Now that the 112`' Congress has almost finished the task of organizing itself, this is a perfect moment
for the sucker stakeholders to launch their efforts. Because of the knov� ledge that it gained through its
activities with regard to radon and also perchlorate, East Valley is particularly well equipped to be a
leader in this "first wave" of effort. Our suggestions regarding Memb,-r, ct Congress and Congressional
Committees are only for this initial phase of the effort. We believe tha- additional contacts and allies
will emerge as the process moves forward.
Hicks - Richardson Associates can serve as your DC based resoutce and support for this effort. Our goal
will be to work to maximize the impact that East Valley Board Members and staff when you engage on
the sucker issue while minimizing the actual time commitment that is requ red. We believe that this will
be a successful effort, but with success comes visibility and that is why, the General Manager and the
Board have to give this outreach their close review and hopefully their aoo,oval.