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2014 Budget: Water Funding

Even with a drought declaration looming, water didn’t make the three-paragraph cover letter to the 2014-2015 California budget (education, health care and prisons did). Still, it garnered a mention in the second paragraph of the budget’s executive summary – a sign the governor is giving high priority to the state’s water issues.

Water expenditures of $618.7 million are spread around throughout the budget’s Environmental Protection and Natural Resources sections. Fortunately, a chart on page 120 summarizes the expenditures. The chart and the narrative that follows provide  more detail than we are, but here are the basics:

  • Sustainable groundwater management: $1.9 million
  • Groundwater ambient monitoring and assessment: $3.0 million
  • Groundwater data collection and evaluation: $2.9 million
  • Interim replacement drinking water in disadvantaged communities: $4.0 million
  • Wastewater projects in small disadvantaged communities: $7.0 million
  • Water and energy efficiency (projects that reduce energy use related to the delivery and treatment of water): $20.0 million
  • Restore coastal and mountain wetlands: $30.0 million
  • Protect and restore the Salton Sea: $0.4 million
  • Increase flood protection (Flood SAFE program): $77.0 million
  • Integrated regional water management programs (increasing regional self-reliance): $472.5 million

That last one is the biggie that will garner the most interest from the state’s water providers. The funds will be used for “incentives for both regional integration and to leverage local financial investment for water conservation efforts, habitat protection for local species, water recycling, stormwater capture, and desalination projects.” At least $47.25 million (10 percent) must be spent in disadvantaged communities.

Also of note to our friends in the Northern California water community, there’s another $1.5 million tucked away in the Department of Fish & Wildlife budget to address illegal streambed alterations by marijuana growers. Stopping that will help stop the associated water pollution problems the pot-growers cause.

Remember, this is a budget proposal. We won’t know what the water community will receive – and the related attached incentives and restrictions – until the legislature is through with it.

I Before E?

Yeah, you’ve got this nailed. It’s “I before E except after C,” and that means spelling is no problem. Well, how about this:

I before E except when you run a feisty heist on a weird beige foreign neighbor.

We would never run a feisty heist on our weird beige foreign neighbor (We don’t even think he’s all that weird!), but we certainly admit we’ve been caught up in spelling errors ourselves.

Oh, you’ve got spell-check, do you? Great!

Eye halve a spelling checker
It came with my pea sea.
It plainly marks four my revue miss steaks eye kin knot sea.
Eye strike a quay and type a word and weight for it to say
Weather eye yam wrong oar write.
It shows me strait a weigh as soon as a mist ache is maid.
It nose bee fore two long and eye can put the error rite.
Its rare lea ever wrong.
Eye have run this poem threw it,
I am shore your pleased to no.
Its letter perfect awl the way.
My checker told me sew.

We present all this to make a point. Spelling, as challenging as it can be at times, is simple compared to the communications challenges most of our clients face.  Challenges like these:

  • A developer needs to make concerned neighbors understand what a traffic study really says about what traffic will be like after a proposed project is built;
  • A water district must raise rates and needs to show its customers why the increase is necessary and why water is still an excellent value;
  • A public agency, facing complex new regulations from both Sacramento and Washington D.C., needs to explain to its constituencies what will change and why;
  • A mall owner needs to reassure shoppers that a mall is just as safe as all the others in town, even though someone was just stabbed in its parking lot;
  • An industry group needs to show regulators and the public that the technology they support is safe and necessary, even though opposition groups rail against it.

These are all actual experiences we have dealt with, and in each case, we found communications solutions that worked, helping our clients achieve their strategic goals. That’s why our mantra is “Clutter in, clarity out,” and why we like to say, “If it’s regulated, we can communicate it.”

Crazifornia: Three Crappy Regulatory Battles

Here’s Laer’s latest column on California’s crazy regulatory environment, which is cross-posted at CalWatchdog.

For a lot of very good reasons, California’s environmental regulators have earned a reputation for being, well, crappy to the rest of us. Three ongoing California regulatory battles over poop reinforce their already well-deserved reputation.

The first battle is between the California Coastal Commission and the city of Morro Bay over the city’s proposed new wastewater treatment plant. The city, called by some the Gibraltar of the Pacific because the massive Morro Rock dominates its harbor, made the terrible mistake of wanting to do the right thing. It, along with the Cayucos Community Services District, wants to replace an aging wastewater treatment plant with a new facility that will clean wastewater to higher levels and produce recycled water.

Less pollution going into the ocean and less fresh water used to water yards seem like good ideas … except to the California Coastal Commission. The Commission’s executive director, Charles Lester, has decided coastal towns should move their unsightly infrastructure away from the coast, to inland locations. There’s one little problem with this idea: It defies gravity.

Sewage treatment plants are located at the low point of local geography – the coast in California – because it’s much cheaper to let the sewage flow by gravity to the plant than it is to pump it uphill to an inland plant. In Morro Bay, the Commission’s staff, on its own, found a site about one mile from the coast it decreed to be the superior location for wastewater treatment. It is recommending the Commission force the city to build the plant there.

If the eco-bureaucrats prevail, they will turn the three-year project into a ten-year one and raise its cost from $60 million to $90 million. They will also saddle Morro Bay’s 10,000 residents with higher bills, since it takes a lot of money – and burns a lot of carbon fuel – to pump sewage uphill. This fact seems to be lost on the Commission’s staff, which claims it wants to move infrastructure off the coast not for aesthetic reasons, but because of sea level rise caused by global warming … which in turn is caused, we’re told, by burning a lot of carbon fuel.

The matter was on the Commission’s October agenda, but staff pulled it when the city pointed out major inaccuracies and flawed assumptions in the staff’s report.

Cormorant Poop

Then there’s the battle over cormorant, pelican and sea gull poop that’s piling up on the rocks in the tony San Diego coastal enclave of La Jolla.  Scenic, rocky La Jolla Cove has become an open cesspool, resident Ed Witt told the Union Tribune, adding, “You couldn’t operate a zoo like this.” The problem started when much of La Jolla’s rocky shore was put off limits to humans, encouraging birds to flock to the rocks, relieving themselves with impressive regularity.

So why not just wash off the poop? That would be fine, regulators at the Coastal Commission and San Diego Regional Water Quality Control Board say, but only if the city submits a plan describing every detail of how they’ll do it – what methods and materials they’ll use, how they’ll protect the ocean and how they’ll ensure pooping pelicans and cruddy cormorants aren’t bothered.

If the clean-up plan poses any perceived threat to birds or marine life, then the California Department of Fish & Game, the U.S. Fish & Wildlife Service and the National Marine Fisheries Service stand poised to join the battle.

It’s not even possible to create a timeline for reaching a solution to this monumental problem, since the Regional Water Quality Control Board has deemed it a low priority. Residents and business owners, who fear the smell will drive away tourists, disagree.

Home Invasion

San Diego’s Regional Water Quality Control Board – which I fought unsuccessfully when it decreed that rainwater becomes toxic the moment it hits the ground – is the cause of the third poop battle as well.

Because it succeeded in defining fallen rain as toxic, the Board now exerts its authority beyond the prior limits of its purview, the gutter, and reaches into people’s yards. This change is reflected in proposed new regulations that  would subject homeowners to six years in prison and fines of $100,000 a day if they repeatedly let dog poop sit un-picked up in their own backyards.  Similar punishments would be meted out to those who repeatedly allow their sprinklers to hit the pavement and those who wash their car in their driveway.

The Board’s goal is to cut the amount of bacteria in runoff that reaches the ocean. That reminded me of a study conducted some years ago – in Morro Bay, interestingly enough. Scientists collected samples of ocean water and isolated the DNA from fecal coliform found in it to trace its source. They found it to be overwhelmingly not pet or human in origin, but the DNA of coyotes, rabbits, deer, seals, sea birds and fish.

What will California’s regulators come up with next? Diapers for dolphins?

 

Crazifornia: Regulating the rockets’ red glare

The following article by Laer appears on today’s Daily Caller website:

It should come as no surprise that the leftist legislators and authoritarian bureaucrats who run California are vehemently opposed to fireworks shows. After all, the shows are always fun and usually patriotic.

And against them they are. The California Coastal Commission has led the charge with a multi-year assault on the Sea World theme park in San Diego, which blasts fireworks over Mission Bay every night. That effort shipwrecked on the rocks of Sea World’s considerable political clout and even more considerable legal budget, so the Commission looked for a more vulnerable, less wealthy target.

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Water Weekly 3: Truncated – The Weekly Two

What were the three biggest California water stories of the past seven days?  Well, the news-heads and policy wonks here at Laer Pearce & Associates have compiled them for you here.  You’ll find the Big Three here every week, or you can follow LPAWater on Twitter for up-to-the-minute news and analysis. You can also sign up to receive the Weekly 3 via email here.  This week:

“Results-Based Science” Update

We’ve written before about Judge Wanger’s shellacking of two federal scientists who he thought were more interested in achieving pre-determined results than pursuing good science.  The issue is not going away, as Republicans seeking to dial back federal regulation have pounced on the case as an emerging cause célèbre, and the feds are standing by their science … and scientists. Wow! Could this become an HBO miniseries?

“100% behind them” – read about it here

“Investigate ‘em!” – read about it here

BTW, a Supreme Court appeal was filed on Delta smelt

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Wholesale Species Listings Wholly Rotten

We never thought we’d write one of those sophomoric “What do X and Y have in common” leads, but never say never. Here we go:

Nevares Spring naucorid bug

What do the Amargosa tryonia, American wolverine, ashy storm petrel, Big Bar hesperian, black-footed albatross, Brand’s phacelia, California golden trout, canary duskysnail, Casey’s June beetle, cinnamon juga, disjunct pebblesnail, flat-top pebblesnail, globular pebblesnail, goose creek milk-vetch, knobby rams-horn, Lost Creek pebblesnail, Mardon skipper butterfly, Mohave ground squirrel, Mojave fringe-toed lizard, Mono Basin sage grouse, Nevares Spring naucorid bug, nugget pebblesnail, Orcutt’s hazardia, Oregon spotted frog, Pacific fisher, potem pebblesnail, Ramshaw Meadow sand-verbena, Red Mountain buckwheat, Red Mountain stonecrop, San Bernardino flying squirrel, San Fernando Valley spineflower, Shasta chaparral, Shasta hesperian, Shasta sideband, Shasta Springs pebblesnail, Sierra Nevada mountain yellow-legged frog, Siskiyou mariposa lily, Siskiyou sideband, Soldier Meadows cinquefoil, Sprague’s pipit, Tahoe yellow cress, Tehachapi slender salamander, Tehamana chaparral, umbilicate pebblesnail, Vandenberg monkeyflower, Webber’s ivesia, western fanshell, western gull-billed tern, western yellow-billed cuckoo, Wintu sideband, Xantus’s murrelet and Yosemite toad have in common?

Answer: They’re all from California – and they were all just pushed forward towards endangered species listings following smoke-filled-room negotiations between America’s premier environmental litigation mill, the Center for Biological Diversity, and the U.S. Fish & Wildlife Service. (We’ll leave you to imagine what kind of smoke filled that room … maybe it was Vandenberg monkeyflower smoke … maybe not.)

We are familiar with the Red Mountain buckwheat, San Fernando Valley spineflower and the Tehachapi slender salamander through our regulatory communications work. We are also familiar with the Endangered Species Act and how it’s supposed to work. This isn’t it.

The species are among 757 species pushed forward towards listings as a result of an “historic” settlement of one of the Center’s nearly countless lawsuits.  (Why do the big environmental organizations always say everything they do is historic? Are they seeking eternal purpose?) They call it historic; we call it mind-numbing and a travesty.

The Endangered Species Act has a process to be followed for petitioning for a species to be listed, and for the review of those petitions. The members of Congress who approved the Act never imagined such wholesale actions as this, brought about by legal strong-arming instead of scientific analysis.

The Service is supposed to make the decision whether or not to move a species forward towards the listing process based on scientific findings presented in the listing petition, not litigation. Affected parties are supposed to weigh in on the petitions as interested parties – but were they in the smoke-filled rooms? No.

The CBD has become very adept at forcing these sorts of actions, which remind us of the mass weddings the Rev. Moon puts on – sure the numbers are impressive, but how deep is the knowledge all those brides and grooms really have of each other? How deep was the knowledge the Service’s negotiators had of the 757 listing petitions before them? How could they be at all familiar with the immediacy of the threat to 26 birds, 31 mammals, 67 fish, 22 reptiles, 33 amphibians, 197 plants and 381 of those cute and cuddly invertebrates spread across all 50 states?

Clearly, the listing petitions didn’t get the attention they deserved, and the public didn’t get the process it is entitled to under our Constitution.

Do we think the Endangered Species Act to ever be implemented through a rational, science-based, fair process? No. We’ve been called upon because of our regulatory communications and public affairs expertise to promote several ESA reform efforts over the years and we know what it’s like to bang our heads repeatedly into a Sacred Cow.  Still, it would be nice if the most egregious excesses in its implementation, like today’s example, would go extinct.

Water Weekly 3: Back to School

What were the three biggest California water stories of the past seven days?  Well, the news-heads and policy wonks here at Laer Pearce & Associates have compiled them for you here.  You’ll find the Big Three here every week, or you can follow LPAWater on Twitter for up-to-the-minute news and analysis. You can also sign up to receive the Weekly 3 via email here.  This week:

Elementary Errors Plague Delta Plan

Our teachers told us we needed to know the basics first, then we’d get to the stuff we liked.  (Like recess!)  We’ve been looking at the fifth draft of the Delta Stewardship Council’s Delta Plan and we’re ready to rap some knuckles with our ruler (if that’s not considered child abuse now).  It seems they weren’t paying attention to the basics – you know, stuff like how we get less water in dry years than wet ones.  Pay attention, kids, this is going to be on the final: Draft #5 gets a D and can’t be allowed to be the final draft – it’s time to act!

Here’s a little knuckle-rapping by two who got the basics right

ACWA wants you to send a letter like this to a list like this

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Water Weekly 3: Big Water News – In Song!

What were the three biggest California water stories of the past seven days?  Well, the news-heads and policy wonks here at Laer Pearce & Associates have compiled them for you here.  You’ll find the Big Three here every week, or you can follow LPAWater on Twitter for up-to-the-minute news and analysis. You can also sign up to receive the Weekly 3 via email here.  This week:

When Will They Ever Learn?

Talk about salt in the wound! The feds wanted to release an extra 300,000 acre feet of water to adjust the Sacramento Delta’s salinity, but Judge Oliver Wanger again rapped their knuckles and sent them to the dunce’s corner for using lousy science to try to justify their action. Wrote Wanger: “They continue to believe their ‘right to be mistaken’ excuses precise and competent scientific analysis for actions they know will wreak havoc on California’s water supply.” Yeah, but will they listen this time? It’s not like it’s the first time they’ve been caught doing this.

Here’s the full 140-page ruling

Here’s ACWA’s sober statement on the ruling

And here’s Pacific Legal’s more rambunctious statement (more…)

Water Weekly 3: Godzilla vs. Moonbeam!

What were the three biggest California water stories of the past seven days?  Well, the news-heads and policy wonks here at Laer Pearce & Associates have compiled them for you here.  You’ll find the Big Three here every week, or you can follow LPAWater on Twitter for up-to-the-minute news and analysis. You can also sign up to receive the Weekly 3 via email here.  This week:

Mixed Signals from Brown

Gov. Brown paid a visit to the Fresno Bee editorial board this week. As the nation’s #1 ag county, water matters in Fresno, and Brown said all the right things in support of conveyance as part of a needed Sacramento Delta fix. Excuse how muted our “yay” is, because this week also saw Brown dumping the only GOP members of the pivotal California Water Commission – who happened to be the President of ACWA and the author of the water bond.  What’s it going to be, Guv, politics or bipartisan hard work?

Here’s the editorial the Fresno Bee wrote after Brown’s visit.

Read the Sacramento Bee on Brown’s ax job

“Press on!” says MWD’s Jeff Kightlinger

Curious about the top ag counties? Here they are.

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Water Weekly 3: Mixed Messages

What were the three biggest California water stories of the past seven days?  Well, the news-heads and policy wonks here at Laer Pearce & Associates have compiled them for you here.  You’ll find the Big Three here every week, or you can follow LPAWater on Twitter for up-to-the-minute news and analysis. You can also sign up to receive the Weekly 3 via email here.  This week:

Good Judge/Bad Judge

This week we saw one brilliant judge and one judge who obviously is suffering from Marin-think-itis.  Let’s start with Judge Lynn Duryee of Marin Superior Court, who shot down the Marin Municipal Water District’s desal plant EIR with this gem: “Conservation costs nothing.” Yeah, but does it provide enough water for your county, Lynn, ol’ gal? We don’t think so… not that it matters if you get to bang a gavel.  Then there was good ol’ Judge Wanger who was spot-on in deciding the longstanding Tehama-Colusa Canal Authority v. Interior case, declaring if it falls in California, it’s California’s water, Bub, not your water.

Catch Marin-think-itis through this newspaper account

Or, if you must, read Duryee’s entire decision

Here’s an account of Judge Wanger’s un-wrangling of Tahoma-Colusa

Heck, this decision even hit the big time in Iowa!

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