DAILY DIGEST, 9/1: Legislature kills last-ditch bill with funding for Friant-Kern Canal, narrowly rejects restrictions on plastics; Delta Council Chair Tatayon recuses herself from Delta Conveyance proceedings; Microplastics – They’re everywhere; and more …



On the calendar today …

ONLINE MEETING: The State Water Resources Control Board meets beginning at 9:30am.

Main agenda item is Consideration of Adoption of the proposed Amendment to the Water Quality Control Policy on the Use of Coastal and Estuarine Waters for Power Plant Cooling to Revise Compliance Schedules for Alamitos, Huntington Beach, Ormond Beach, and Redondo Beach Generating Stations and Diablo Canyon Nuclear Power Plant.  Click here for the full agenda.

FREE WEBINAR: WIFIA Funding webinar from 11am to 12:30pm.

Join EPA’s upcoming WIFIA Information Sessions or webinars to learn more about the program’s current status, eligibility and statutory requirements, application process, and financial benefits and flexibilities.  Click here to register.

FREE WEBINAR: EPA Grant Award Process from 11am to 12:30pm.

EPA’s Office of Grants and Debarment is hosting a webinar for the EPA grants community. The webinar will cover grants topics, including: how to find and apply for grant opportunities; EPA’s Grants.gov requirement; and preparing a proper budget detail. In addition, we will be hosting a Q&A session during the second half of the webinar.  No registration needed, just go here and enter as a guest.  More information on this page.

In California water news today …

Legislature kills last-ditch bill with funding for Friant-Kern Canal

A bill that would have provided funding for the Friant-Kern Canal was abandoned by the California State Legislature on Sunday.  It’s route to abandonment is a short, but confusing one centering on California’s wildfires.  The bill, Assembly Bill 1659, would have extended an existing fee on electricity bills to create the Wildfire Prevention and Community Resilience Fund. It was crafted – via the gut and amend process – mid-last week. … ”  Read more from the San Joaquin Valley Sun here: Legislature kills last-ditch bill with funding for Friant-Kern Canal

Legislature narrowly rejects nation’s toughest restrictions on plastics

After multiple close votes and hours of wrangling, California lawmakers on Monday rejected the nation’s toughest statewide restrictions on single-use plastic packaging, food containers and utensils.  The plastics industry had waged a multi-million dollar campaign to defeat the identical Assembly and Senate bills, which would have called for a 75 percent reduction in single-use plastic packaging, utensils, straws, containers and other foodware dumped into landfills. Had they passed, these products would have to be completely recyclable or compostable by 2032 to be sold in California, in stores or online.  … ”  Read more from Cal Matters here:  Legislature narrowly rejects nation’s toughest restrictions on plastics

Here’s what California lawmakers did on their last day of session

The end of California’s legislative session was beleaguered by COVID-19, wildfires, a tanked economy and a looming eviction crisis. Tempers also flared Monday night, forcing multiple breaks from debate as Senate Republicans — already quarantined and forced to vote remotely over Zoom — complained they were being silenced by the Democratic supermajority.  Motivated by a pile of bills to push through and slow-moving deliberation, Senate Majority Leader Bob Hertzberg motioned to limit debate to two speakers per bill, who would be allowed to speak for two minutes each.  Republicans objected — “This is bullshit,” Sen. Melissa Melendez was heard saying over a hot mic — but were overruled. ... ”  Read more from Capital Public Radio here:  Here’s what California lawmakers did on their last day of session

Delta Stewardship Council Chair Susan Tatayon recuses herself from council proceedings regarding the Delta Conveyance Project

From the Delta Stewardship Council: “Council Member Susan Tatayon has recused herself from the Delta Stewardship Council’s regulatory and potential adjudicative roles with regard to the Delta Conveyance Project because she has identified a potential conflict of interest. Her spouse works for a firm that has been retained to advise the Department of Water Resources on the project. She will not take part in the Delta Stewardship Council’s early consultation role, or consideration of any future appeals with respect to the project. She is subject to an ethical wall that will prevent her from discussing the project with Councilmembers or staff. If the Delta Conveyance Project is discussed at public Council meetings (including any future hearings), she will leave the room (or videoconference, as the case may be) until after the discussion, vote, or any other disposition of the matter is concluded.”

Microplastics – They’re everywhere!

Stemming from the requirements outlined in California Senate Bill 1422, on June 16, 2020, the California State Water Resources Control Board (“Board”) adopted this groundbreaking definition of microplastics in drinking water …  While this is the first time microplastics in drinking water has been defined (not only in the United States but also internationally), it’s not a micro issue. A recent review of over 50 studies on plastic ingestion found that on average (globally) we could be ingesting approximately 5 grams of microplastic every week—the equivalent weight of a credit card—from the food we eat, air we breathe and water we drink. … ”  Read more from Brownstein Hyatt here: Microplastics – They’re everywhere!

Microplastics in farm soils: A growing concern

Mary Beth Kirkham hadn’t studied microplastics when she was invited to co-edit a new book about microplastics in the environment—but something stood out to her about the existing research.  “I had read in the literature that…cadmium and other toxic trace elements [are] increased when we have these particulate plastics in the soil. So, that was of concern to me,” Kirkham, a plant physiologist and distinguished professor of agronomy at Kansas State University, told EHN. Kirkham’s expertise is in water and plant relations and heavy metal uptake, so she decided to conduct her own research in which she cultivated wheat plants exposed to microplastics, cadmium, and both microplastics and cadmium. Then she compared these plants to those grown without either additive. She chose cadmium because it’s poisonous, carcinogenic, and ubiquitous in the environment due to human activity—it’s shed from batteries and car tires, and is naturally found in the phosphate rock used to make agricultural fertilizers.  … ”  Read more from the Environmental Health Network here: Microplastics in farm soils: A growing concern

Hydro newsletter:  FERC declaratory order finding waiver of California section 401 authority challenged in Ninth Circuit

The California State Water Resources Control Board (Water Board) and a group of environmental organizations, including the South Yuba River Citizens League, California Sportfishing Protection Alliance, Friends of the River, and Sierra Club and its Mother Lode Chapter, each have filed a petition for review with the U.S. Court of Appeals for the Ninth Circuit (Ninth Circuit) of Federal Energy Regulatory Commission (FERC) orders finding that the Water Board waived its authority under section 401 of the Clean Water Act (CWA) to issue a water quality certification (WQC) in the ongoing relicensing of Nevada Irrigation District’s (NID) Yuba-Bear Hydroelectric Project.  … ”  Read more from the National Law Review here: FERC declaratory order finding waiver of California section 401 authority challenged in Ninth Circuit

Over a million acres burned in California in second half of August 2020

Since the middle of August 2020, hundreds of wildfires have engulfed California, burning through over a million acres of land in little over a week. Over a hundred thousand people have been evacuated as the fires continue to burn. The resulting smoke has spread not only across the state but across the country, and air quality in California has fallen to dangerously poor levels.  How rare is it for such a massive acreage to burn so quickly? Cal Fire, the Department of Forestry and Fire Protection for California, says it’s unprecedented in a “single fire siege.”  In just nine days, more than three times the average acreage was burned in California than in the “normal” wildfire season in the state. … ”  Read more from Climate.gov here:  Over a million acres burned in California in second half of August 2020

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In commentary today …

California must ensure water access during COVID-19 pandemic, says Tracy Quinn

She writes, “Safe drinking water is a human right and essential during the COVID-19 crisis. And California must do more to ensure water service during concurrent health and economic emergencies.   In April, Gov. Gavin Newsom issued an executive order placing a moratorium on water shutoffs and requiring reconnections for households disconnected after March 4. But months into a crisis, the state lacks data on the impact of the moratorium.   Without data, there is no way to gauge the scale of accruing unpaid water bills and late fees for customers who have water service but cannot pay. But record unemployment means California should expect a tsunami of water shutoffs when the moratorium ends and bills come due. … ”  Read more from Cal Matters here: California must ensure water access during COVID-19 pandemic, says Tracy Quinn

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In regional water news and commentary today …

Climate change fuels fears of environmental damage in Butte County

As fires ravage forests across the state, Chico scientists warn that climate change and the pandemic are intensifying the effects of each year’s fire season.  Scientists have pointed to fires resulting from record high temperatures combined with months of drought and extreme weather conditions as the effects of worsening climate change. And Gov. Gavin Newsom said Aug. 20 in the Democratic National Convention, “We are just coming off a record … heat wave that led to 130-degree temperatures, the highest temperature ever recorded in California, arguably the world’s history.  “If you are in denial about climate change, come to California,” he said. … ”  Read more from the Chico Enterprise-Record here:  Climate change fuels fears of environmental damage in Butte County

Tahoe Summit goes on virtually for 24th annual event

This year, the 24th annual Lake Tahoe Summit–hosted by the Lake Tahoe Fund and the office of Nevada’s Senior U.S. Senator Catherine Cortez Masto–was conducted by Zoom as a result of social distancing and recent health concerns in relation to the coronavirus, which is still raging throughout northern Nevada and California and has made the major gathering of public leaders, environmentalists and the public impossible to do in person. The virtual presentation was made on Tuesday, Aug. 25, 2020.  … ” Read more from This is Reno here:  Tahoe Summit goes on virtually for 24th annual event

As fire burns, activists sneak into Point Reyes to bring water to parched elk. Should they?

As darkness fell and a thick Pacific fog crept in over the Point Reyes peninsula on Sunday, a small band of animal activists waited for a National Park Service official to leave his check-post along Pierce Point Road.  He was there to prevent people from going deep into the National Seashore, where forests are aflame, and a skeleton crew of park service employees are otherwise tending to a 3,000-acre conflagration burning at the park’s southern end.  At 6 p.m., as his shift came to a close and he drove away, the small bucket-brigade crept in. … ”  Read more from the LA Times here:  As fire burns, activists sneak into Point Reyes to bring water to parched elk. Should they?

Threatened steelhead trout relocated to make way for Anderson Dam retrofit

A fish rescue has taken place in the South Bay, where the Anderson Dam retrofit project is about to get underway.  Using nets and buckets, a team with the Valley Water District scooped up Central California Coast steelhead in upper Coyote Creek to save the fish and help the species survive.  “This is a federally-threatened species and that’s why the effort was put forward, due to their protection,” said Clayton Leal, a Fisheries Biologist with the Valley Water District. … ”  Read more from KPIX here:  Threatened steelhead trout relocated to make way for Anderson Dam retrofit

Monterey: Cal Am had a terrible week with setbacks at CPUC and Coastal Commission

Asaf Shalev writes, “Disease, fire and political tension have nearly crowded out news stories that would have normally made major headlines on the Monterey Peninsula. Last week, for example, one of the most powerful corporations in the area suffered two major defeats with widespread implications.  First, California American Water met failure at the California Coastal Commission. The water utility wants to build a desalination plant around Marina, and the project requires a coastal development permit. The staff of the commission, however, released its report on Aug. 25 recommending against the permit. … ”  Read more from Monterey Weekly here:  Cal Am had a terrible week with setbacks at CPUC and Coastal Commission

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Along the Colorado River …

Nevada:  Coyote Springs developer sues state for ‘unconstitutional taking’ of water rights

A developer is suing Nevada’s Division of Water Resources after the state again denied plans to construct new homes at Coyote Springs, the latest setback in a decades-long effort to build a sprawling master-planned community about 50 miles north of Las Vegas.  Coyote Springs Investment, the company behind the proposed Coyote Springs master-planned community, alleges that state officials made a series of decisions that amount to an “unconstitutional taking” of the water rights it owns and planned to use. … ”  Read more from the Nevada Independent here:  Coyote Springs developer sues state for ‘unconstitutional taking’ of water rights

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In national water news today …

Collaboration drives water stewardship forward in the food sector

By 2025, around 1.8 billion people will live in countries or regions with absolute water scarcity. Because the agricultural sector accounts for around 70 percent of all freshwater use, it must play a significant part in protecting and preserving water quality and quantity. Promoting water stewardship is a heavy lift that requires shifting the way agriculture has traditionally been run, but some food companies are building partnerships and setting goals to ensure there is enough water for both their operations and the communities they serve. … ”  Read more from Triple Pundit here:  Collaboration drives water stewardship forward in the food sector

Tribes, green groups sue over Trump rollback of water rights

The Environmental Protection Agency (EPA) is being sued for the second time in a week over a rule that limits states’ ability to fight big projects like pipelines, with tribes and environmental groups who fear damage to nearby waters taking the latest action in court.  The new suit, filed Tuesday on behalf of three different tribal groups and the Sierra Club, argues states and tribes have a right to place conditions on federal projects that could degrade waters within their borders or to reject them altogether. … ”  Read more from The Hill here:  Tribes, green groups sue over Trump rollback of water rights

EPA refuses to regulate perchlorate, after years of effort by Pasadena to eradicate the toxic rocket fuel oxidizer from two drinking water wells

While the world was coping with the deadly  COVID-19 crisis, and the streets of Pasadena, Los Angeles, New York, Washington, D.C., and other major American cities were awash in sometimes violent rebellion over the deaths of George Floyd and other African Americans at the hands of police, the Trump administration was quietly diluting environmental laws regulating the toxic rocket fuel oxidizer perchlorate, utilized extensively by scientists at Jet Propulsion Laboratory (JPL) beginning in the 1950s and since then polluting Pasadena and Altadena drinking water wells.  In fact, largely because of the dumping of perchlorate and volatile organic compounds (VOCs) that’s occurred in the foothills of the San Gabriel Mountains, the 176-acre JPL campus, managed for NASA by Caltech, as well as parts of the Arroyo Seco and Hahamongna Watershed Park have been designated as parts of an EPA Superfund cleanup that’s been ongoing since 1992. … ”  Read more from the Pasadena News here:  EPA refuses to regulate perchlorate, after years of effort by Pasadena to eradicate the toxic rocket fuel oxidizer from two drinking water wells

PFAS liability: “sovereign immunity” means companies may foot the bill

Environmental watch groups, legislators, the media, and litigators have all squarely focused on PFAS contamination in one primary source – water. More specifically, drinking water. Environmental groups test local water supplies and report PFAS counts, politicians introduce bills at the state and federal levels to regulate the amount of PFAS permitted in drinking water, the media gives citizens daily news updates on PFAS in drinking water, and lawsuits are increasingly filed for both personal injury and remediation costs. Yet, often lost in the discussion and thus far largely flying under the radar is one party that has unquestionably contributed to the issues that exist today with respect to PFAS in water systems – the United States military. Involving the military in lawsuits or enforcement actions, though, often leads to a dead end due to the doctrine of sovereign immunity. It is that same protection afforded to the government, though, that will ultimately result in significantly increased costs to property owners, manufacturer, and water treatment facilities alike. … ”  Read more from the National Law Review here: PFAS liability: “sovereign immunity” means companies may foot the bill

 

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And lastly …

Photo Feature: Oblivion

David Maisel writes, “In this series from Los Angeles, I am using images that underscore the cyborg nature of the city and its environs as a way to explore a kind of contemporary oblivion, a series of sites that are both place and non-place. ... ”  Check it out from Lens Culture here:  Photo Feature: Oblivion

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Today’s featured article …

BLOG ROUND-UP: Bruce Babbitt’s California grand water bargain is a selfie to seek federal appointment; San Diego’s puzzling pursuit of a big new pipeline to the Colorado River; How water privatization happens; and more …

Click here to read this article.

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About the Daily Digest: The Daily Digest is a collection of selected news articles, commentaries and editorials appearing in the mainstream press. Items are generally selected to follow the focus of the Notebook blog. The Daily Digest is published every weekday with a weekend edition posting on Sundays.