At yesterday’s MVCAC Summer Quarterly meeting, NPDES Committee Chair Gary Goodman referenced a website where agencies can search for impaired or assessed waterways; please see the link below:

http://www.waterboards.ca.gov/water_issues/programs/tmdl/integrated2010.shtml

As you know, H.R. 872 “Reducing Regulatory Burdens Act of 2011” has passed out of the House of Representatives, U.S. Senate Agriculture Committee and is currently being “held” on the Senate Floor at the request of U.S. Senator Barbara Boxer (CA) and U.S. Senator Ben Cardin (MD). H.R. 872 would eliminate the need for MVCAC members to comply with the Clean Water Act NPDES permit scheduled to go into effect November 1, 2011. MVCAC has contacted Governor Jerry Brown and Secretary Karen Ross (CA Department of Food and Agriculture) asking them to support H.R. 872 and relay that support to U.S. Senators Barbara Boxer and Dianne Feinstein.

We need each MVCAC members to contact Governor Brown and ask him to support H.R. 872 and communicate that support immediately to Senator Boxer and Senator Feinstein.

Attached is a letter for use in drafting your request.

We must communicate the importance of the passage of H.R. 872 to protect California public health and the environment, and allow mosquito and vector control agencies to continue to provide their essential services to their constituents without the unnecessary regulatory burden of complying with the NPDES permit.

This is our last chance to make this happen! If the hold on H.R. 872 is not lifted on the Senate floor by Senator Boxer and Cardin, H.R. 872 may die on the Senate floor and the NPDES permit will become a reality for all MVCAC members.

Please place the letter to Governor Brown on your agency’s letterhead and email a PDF version to Brian Turner in Brown’s Washington, D.C. office at Brian.Turner@WDC.CA.GOV; copy the MVCAC office at ataylor@mvcac.org. The MVCAC office will compile all of the letters and deliver them directly to Governor Brown’s Sacramento office.

Thank you for your support!

Request forwarded from AMCA for response from all MVCAC members.

The attachment for your guidance is located here.

As you probably know, the National Marine Fisheries Service has issued a Biological Opinion that requires EPA to institute a monitoring program for Waters of The United States that may involve listed or endangered species. EPA has requested comments from stakeholders as to the feasibility of this monitoring mandate. AMCA has submitted comments as of 20 July. Unfortunately, EPA has stated that the Agency has only received 160 comments thus far and almost all of them are from activist groups with an antipesticide agenda. This lopsided response tells the Agency that stakeholders do not consider this to be a problem. AMCA most certainly does – and so should you.

We apologize for the extremely short fuse on this, but our community needs to make it clear that a monitoring program required of EPA would eventually affect to our community badly and should not be instituted. Click here to view a copy of the AMCA comments as guidance. Revamp as you wish and submit yours to:

Again, we apologize for the short notice. Please submit comments no later than close of business Monday, July 25.

http://www.regulations.gov/
Docket Number: EPA-HQ-OW-2010-0257

SACRAMENTO – Governor Edmund G. Brown, Jr. announced today that he has signed the following budget trailer bills:

ABx1 19 by Assemblymember Bob Blumenfield (D-San Fernando Valley) which contains necessary statutory changes to achieve savings assumed in the 2011 Budget Act for the Department of Health Care Services (DHCS)

ABx1 26 by Assemblymember Bob Blumenfield (D-San Fernando Valley) which eliminates redevelopment agencies and directs the resolution of their activities.

ABx1 27 by Assemblymember Bob Blumenfield (D-San Fernando Valley) which creates an alternative voluntary redevelopment program.

ABx1 28 by Assemblymember Bob Blumenfield (D-San Fernando Valley) which clarifies the obligations under existing law for out-of-state retailers to collect and remit use tax on sales of tangible personal property to California residents.

AB 102 by the Assembly Budget Committee which contains necessary statutory changes to achieve savings assumed in the 2011 Budget Act for the Department of Health Care Services (DHCS), Department of Mental Health (DMH), Department of Public Health (DPH), and the Managed Risk Medical Insurance Board (MRMIB).

AB 106 by the Assembly Budget Committee which makes statutory changes necessary to implement human services-related portions of the 2011 Budget Act.

AB 112 by the Assembly Budget Committee which contains necessary statutory and technical changes in the area of state government in order to enact modifications to the 2010 Budget Act.

AB 119 by the Assembly Budget Committee which contains necessary statutory and technical changes to implement changes to the 2011 Budget Act.

These are some of the trailer bills passed by the Legislature earlier this month. The Governor has not yet acted on the bills passed yesterday, which include the main budget bill (SB 87) and other trailer bills (AB 114, AB 117, AB 118, AB 121, SB 73, SB 89 and SB 92).

For full text of the bills, visit: http://leginfo.ca.gov/bilinfo.html.

PUBLIC HEARING HELD ON PESTICIDE PERMIT TOXICITY STUDY DESIGN

Yesterday, the State Water Resources Control Board (SWRCB) staff held a public hearing on the proposed Pesticide Permits Toxicity Study Design that the Board approved earlier this year. MVCAC and URS representatives were both in attendance. Download the handout. In addition to the presentation, there was an active Q & A on the study design. The staff reported that their timeline was to begin gathering samples in the summer/fall of 2011 and into spring/summer of 2012. The attendees requested the SWRCB staff consider sharing regular updates on how the study was proceeding to allow for input prior to staff’s report out to the SWRCB in late 2012.

CDFA ANNOUNCES NOTICE OF PREPARATION

Today, the California Department of Food and Agriculture, in accordance with CEQA guidelines, announced its Notice of Preparation (NOP) for the Statewide Plan Prevention and Management Program Environmental Impact Report. Download the news release for the schedule of scoping meetings.

MVCAC just received news that H.R. 872, “Reducing Regulatory Burdens Act of 2011,” today, passed out of the U.S. Senate Committee on Agriculture, Nutrition and Forestry on a voice vote with only two Senators opposing the bill.

H.R. 872 will now go to the full Senate floor for a vote. Discussions are already taking place with Senate Majority Leader Harry Reid (NV) and Senator Debbie Stabenow (MI) on when this vote will take place. MVCAC will continue to update our members on the status of this bill.

Thank you for all of your support to date on H.R. 872 – we may need you to make one last effort to secure passage out of the Senate.

This morning, Governor Jerry Brown vetoed the State Budget that was passed by both houses yesterday afternoon. His veto message has been posted on the MVCAC website.

More to follow!

MVCAC Legislative Advocate Ralph Heim shared that the Assembly has passed the State Budget and trailer bills and has adjourned.

One item which may be of interest is that both the Senate and Assembly have passed the two-bill package on redevelopment agencies, ABX1 26 with a 51 to 23 vote, and ABX1 27 with a 47 to 28 vote. ABX1 26 abolishes redevelopment agencies; ABX1 27 allows redevelopment agencies to remain in existence under specific circumstances, the details of which will follow tomorrow.

MVCAC will continue to update its members on State Budget related matters as they unfold after adjournment.

Legislative Advocate Ralph Heim has shared that the State Senate has passed the state budget bill, Assembly Bill 98 with a 23 to 15 vote. Only Democratic Senator Leland Yee, Ph.D. voted in opposition. The Senate is now working on the budget trailer bills.

Senate Pro Tem Darrell Steinberg shared in his opening remarks that “in the coming weeks we will pass real pension and regulatory reform legislation.”

The Assembly is in session but currently in caucus meetings.

MVCAC will continue to update its members on the status of the State Budget, which is constitutionally required to be passed by midnight tonight. If both houses approve a budget by the deadline, it will mark only the second time lawmakers have met the constitutional deadline in the past 25 years.

Immediate Action Needed on H.R. 872

MVCAC was just notified that the U.S. Senate Agriculture Committee announced plans to mark up H.R. 872 “Reducing Regulatory Burdens Act of 2011″ next Tuesday, June 21 or Wednesday, June 22, 2011. H.R. 872 is the bill exempting pesticide applications from Clean Water Act NPDES permitting requirements that recently passed the House. Next week`s markup will occur in the form of a brief business meeting “off the floor” of the Senate (a procedural move often used for less controversial actions). This markup will not be televised.

Please take the time to contact California Senator Dianne Feinstein and urge her to support H.R. 872. See the attached template letter for your use – please note it needs to be customized with your district`s information and emailed immediately to Senator Feinstein’s staff member Devin Rhinerson at Devin_Rhinerson@feinstein.senate.gov; please copy Ayo Taylor at the MVCAC office on the correspondence (ataylor@mvcac.org).

Thank you for your immediate attention to this important request!

Notification of State Water Resources Control Board Hearing

MVCAC received notification today of a public workshop on the Proposed Toxicity Study relating to the Statewide General National Pollutant Discharge Elimination System Permit for Residual Pesticide Discharges from Aquatic Animal Invasive Species Control Applications, Spray Applications, Vector Control, and Weed Control (Collectively Statewide General Pesticide Permits). Download the flier for additional information.

Wednesday, June 22, 2011
9:00 a.m. to 12:00 p.m.
Klamath Training Room
Joe Serna, Jr./Cal-EPA Building
1001 I Street, Sacramento, CA 95814

Please know that NPDES Committee members and URS will be attending and are currently working on appropriate questions to ask the SWRCB about the study. If anyone has questions, please direct them to NPDES Committee Chair Gary Goodman at gwgoodman@sac-yolomvcd.com, Executive Director Catherine Smith at casmith@mvcac.org, or your regional member on the committee.

In conjunction with MVCAC, Assemblymember Henry T. Perea set the course for championing efforts to generate support of HR 872 “Reducing Regulatory Burdens Act of 2011.” Assemblymember Perea offered his assistance by not only signing a letter of support to Senators Boxer and Feinstein, but went one step further by asking his colleagues in Sacramento to do the same. Our goal was to collect 20 signatures and we hope to obtain them before the official send-off today or tomorrow. Bipartisan support exemplifies the importance of the passage of HR 872. Below is a list of California Assemblymembers and Senators who agreed to sign Perea’s letter of support for HR 872.

Assemblymembers: Henry T. Perea (D); Linda Halderman (R); Connie Conway (R); Sandre Swanson (D); Jim Nielsen (R); Cameron Smyth (R); Luis Alejo (D); Bill Berryhill (R); Cathleen Galgiani (D); Ricardo Lara (D); Mike Davis (D); Brian Nestande (D); David Valadao (R); Joan Buchanan (D); Kristin Olsen (R); and Dan Logue (R)

Senators: Tom Berryhill (R); Doug LaMalfa (R); Michael Rubio (D)

To those of you who worked so hard to assist us in gathering signatures – thanks for your efforts!

Even if your Assemblymember or State Senator didn’t sign Assemblymember Perea’s letter, you can still work with him/her to send an individual letter to Senators Feinstein and Boxer asking for their help in securing passage of HR 872.

Earlier this week, MVCAC distributed an email asking each member agency to send letters to their local State Assemblymembers requesting that they sign Assemblymember Perea’s colleague letter to Senators Boxer and Feinstein asking for their support of HR 872, “Reducing Regulatory Burdens Act of 2011.” The MVCAC office has received a copy of a few members` request letters, but wanted to remind all MVCAC members to send their letters immediately as Assemblymember Perea would like to send the collective letter to the Senators as soon as possible. We need all letters to arrive at the Capitol by tomorrow!

A template letter is available on the MVCAC website.

Please download Assemblymember Perea’s letter to the Senators. Jesse Cuevas is the point of contact in Assemblymember Perea’s office, he can be reached at 916-319-2031.

Please take a few minutes to personalize the template letter and email it immediately to the Assemblymember(s) who represent the boundaries of your agency. A legislative district breakdown for your reference is also available on the MVCAC website.

If you have any questions about the letter or how to contact your Assemblymember, feel free to contact MVCAC`s Legislative Assistant, Ayo Taylor, at ataylor@mvcac.org. Kindly send a copy of your letter to Ayo for MVCAC records.

Thank you for your immediate action on this request – we can make a difference!

URGENT REQUEST

In our continued effort to generate support for HR 872 “Reducing Regulatory Burdens Act of 2011,” we request that you individually contact your State Assemblymember(s) that represent your agency and ask him/her to sign on to Assemblymember Perea’s letter of support of HR 872.

MVCAC is delivering an association request letter to the Capitol today.

A template letter that can be modified to come from your district is available for download on the MVCAC website.

Please note that the point of contact in Assemblymember Perea’s office is Jesse Cuevas 916-319-2031.

In conjunction with MVCAC, Assemblymember Henry T. Perea set the course for championing efforts to generate support of HR 872 “Reducing Regulatory Burdens Act of 2011.” Assemblymember Perea offered his assistance by not only signing a letter of support to Senators Boxer and Feinstein, but went one step further by asking his colleagues in Sacramento to do the same. Our goal was to collect 20 signatures and we hope to obtain them before the official send-off today or tomorrow. Bipartisan support exemplifies the importance of the passage of HR 872. Below is a list of California Assemblymembers and Senators who agreed to sign Perea’s letter of support for HR 872.

Assemblymembers: Henry T. Perea (D); Linda Halderman (R); Connie Conway (R); Sandre Swanson (D); Jim Nielsen (R); Cameron Smyth (R); Luis Alejo (D); Bill Berryhill (R); Cathleen Galgiani (D); Ricardo Lara (D); Mike Davis (D); Brian Nestande (D); David Valadao (R); Joan Buchanan (D); Kristin Olsen (R); and Dan Logue (R)

Senators: Tom Berryhill (R); Doug LaMalfa (R); Michael Rubio (D)

To those of you who worked so hard to assist us in gathering signatures – thanks for your efforts!

Even if your Assemblymember or State Senator didn’t sign Assemblymember Perea’s letter, you can still work with him/her to send an individual letter to Senators Feinstein and Boxer asking for their help in securing passage of HR 872.

The Assembly Committee on Accountability and Administrative Review (AAR) held a hearing at the State Capitol on Wednesday, April 27, 2011 to continue its deliberations on the topic of “California Special Districts: Discussion and Vote on Recommendations.” MVCAC staff attended the meeting to keep MVCAC members apprised of the Committee`s deliberations. Please download the staff notes. Of importance to note is that prior Committee staff recommendations were quite extensive. Through recent collaborative activities between all special district associations to meet with Legislators and Committee staff regarding special district governance structure, services, and accountability/transparency activities, the Committee recommendations have been amended. Click here to review.

MVCAC will continue to monitor the AAR Committee activities and keep our members updated on its deliberations.

H.R. 872 Legislative Action Requested

MVCAC Members:

Below are two updated sample letters for Senators Boxer and Feinstein on H.R. 872. If you have not already sent a letter to Senator Boxer and Senator Feinstein seeking their support of H.R. 872, please do so immediately. It is essential that our senators hear from all of California`s mosquito and vector control districts!

Senate Boxer template letter click here Senator Feinstein template letter click here

Thank you for your continued involvement!

NPDES Update

MVCAC Legal Counsel Richard Shanahan has prepared a comprehensive memorandum on the history and status of the NPDES/Sixth Circuit issue. Download the memo.

Permit Posted

The State Water Resources Control Board has posted the STATEWIDE GENERAL NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM PERMIT FOR DISCHARGES OF AQUATIC PESTICIDES TO SURFACE WATERS OF THE UNITED STATES FOR VECTOR CONTROL (GENERAL PERMIT) GENERAL PERMIT NO. CAG990004. Download the permit.

State Controller’s Local Government Compensation Report

Just a reminder, mosquito and vector control districts were placed in Group 4 of the State Controller’s Local Government Compensation Report matrix, which has a May 2, 2011 reporting deadline. Visit the SCO website for more details.

MVCAC Legislative Day

Thank you to all of the MVCAC members who participated in yesterday’s MVCAC Legislative Day! Please remember to complete and return the Legislative Meeting Report Form and Evaluation Form to the MVCAC office.; the fax number is 916-231-2141. Assemblywoman Yamada’s receipt of the MVCAC 2011 Legislator of the Year report was highlighted in today’s Capitol Morning Report. The MVCAC office distributed a press release yesterday after the event.

MVCAC representatives met with Chief Deputy Director, Jonathan Bishop, of the SWRCB on Friday to discuss issues regarding the NPDES permit. Meeting attendees were Dick Shanahan, Terry Cooke, JR Flanders, and Gary Goodman. A letter from MVCAC to Mr. Bishop is attached that highlights the topics discussed.

Mr. Bishop recognized that the process to finalize the NPDES permit was expedited to meet the April 9th deadline and that the extension granted by the 6th Circuit Court allows everyone to “take a breath” in this process.

Mr. Bishop indicated that they recognize the new timeline to have a NPDES permit is now October 31st if you are making any applications to/over/near waters of the U.S. He also said he would ask the SWRCB general counsel to send a letter to MVCAC that would confirm that, in light of the extension, there is no need to have a permit until October 31st.

Mr. Bishop indicated that the SWRCB staff should have no problem in processing and approving Notice of Terminations (NOT) to Districts that already have received provisional Notice of Applicability (NOA).

The final version of the permit is near completion and is awaiting administrative processes before it will be posted. He stated that the permit should be posted on the website “soon”.

MVCAC indicated that there were certain issues that we had with the last-minute changes to the permit and because of expedited timelines, did not have an opportunity to comment on those issues. Mr. Bishop explained the process to ask the SWRCB for modifications to the permit, and stressed that staff would like the opportunity to address those modifications in an informal setting (allowing staff to propose the recommended permit modifications to the SWRCB). This issue is mainly concerning the clarification of 303(d) listed waterways as listed on page 20 of the permit reading “…impaired by the same pesticide active ingredients or any pesticide in the same chemical family”. Mr. Bishop seemed amenable to a modification associated with this new language and the MVCAC informed Mr. Bishop of other potential changes once the permit is posted and there is time for a thorough review. Mr. Bishop stated that this added language may have resulted in an “unintended consequence” of rushing through the process and that the staff is very open to evaluate the unintended consequences of this and other last-minute permit changes and to consider appropriate modifications.

The MVCAC addressed the toxicity study that will be brought before the SWRCB on April 5th. The MVCAC informed Mr. Bishop of our intention to begin chemistry analysis in the 2012 mosquito season and a willingness to work with the SWRCB and the Granite Canyon Laboratory on the design and implementation of the study. Mr. Bishop was grateful for the coordination and cooperation that MVCAC is providing and understood the need to work through the planning of the study before implementation. He encouraged MVCAC to speak at the April 5 State Board meeting to request coordination concerning the toxicity study. Mr. Bishop did ask if the coalition would be agreeable to a pilot or test study this season to “work out the kinks” of the toxicity study. We are evaluating a possible limited pilot or test study for this summer. URS provided Mr. Bishop with a literature review of already existing information on toxicity associated with vector control applications and offered to work with the design of the study to fill in the gaps and therefore limit the duplication of work that has already been done.

Overall, the meeting with Mr. Bishop went very well and he was agreeable to working collaboratively with the MVCAC on the permit and its requirements.

Help keep the momentum moving – H.R. 872 passes out of the House!

Yesterday, H.R. 872, which amends both FIFRA and the Clean Water Act (CWA) so as not to require NPDES permits for pesticide applications to, over, or near waters of the United States was passed yesterday on a bi-partisan vote of 295 – 130. This is a significant victory but just the first hurdle for a legislative fix to our CWA/NPDES has been passed.

The bill must now pass through the U.S. Senate which may be much more difficult! AMCA and MVCAC needs the involvement of all our collaborative members to get H.R. 872 through the Senate. California U.S. Senators Barbara Boxer and Dianne Feinstein are key votes! It is imperative that each district contact their local field offices of Senators Boxer and Feinstein to educate staff of the public health importance of H.R. 872 and a subsequent companion bill in the Senate.

How can you help?

American Mosquito Control Association (AMCA) will be holding the Annual AMCA Washington Day Conference in Washington D.C. on May 9-11, 2011. The host hotel will be the Westin Alexandria in Alexandria, VA.

This meeting allows MVCAC members to interact with our legislators in Washington D.C. and to educate them on all our issues that affect public health in California and our ability to do the important work with which we have been charged. There are over 50 members of the House of Representatives from the State of California.

We need more attendees from California! Please identify one staff member or trustee who can attend and represent your agency! Register for the event, make travel arrangements and make appointments with your representative. AMCA Regional Representative Steve Mulligan and MVCAC’s Becky Cline have volunteered to assist you in any way. AMCA will provide you with white papers and other handouts to help you with your visit to your representatives as well as guidance on what you will need to do in your meetings.

Feel free to contact Steve or Becky if you have any questions. Once you have identified the attendee please contact Becky (559-659-2437 or fwmadmanager@sbcglobal.net) and let her know so legislative visits can be coordinated.

Thank you for your continued hard work on H.R. 872 if nationally we all work together – we can make this happen!