BOARD AGENDA MEMORANDUM
Government Code § 84308 Applies: Yes ☐ No ☒
(If “YES” Complete Attachment A - Gov. Code § 84308)
SUBJECT:
Title
Approve Recommended Positions on Federal Legislation: H.R. 186 (McClintock) - Water Supply Permitting Coordination Act; S. 24 (Feinstein)/H.R. 516 (Lieu) - Fighting Homelessness Through Services and Housing Act; and Other Legislation That May Require Urgent Consideration for a Position by the Board.
End
RECOMMENDATION:
Recommendation
A. Adopt a position of “Support” on H.R. 186 (McClintock) - Water Supply Permitting Coordination Act; and
B. Adopt a position of “Support and Amend” on S. 24 (Feinstein)/H.R. 516 (Lieu) - Fighting Homelessness Through Services and Housing Act.
Body
SUMMARY:
H.R. 186 (McClintock) - Water Supply Permitting Coordination Act
Recommendation: Support
Priority Recommendation: 2
This bill would authorize the Secretary of the Interior to coordinate federal and state permitting for the construction of new surface water storage projects on lands under the jurisdiction of the Department of the Interior or the Department of Agriculture. The Bureau of Reclamation would be designated the lead agency for permit processing, establishing a project schedule, and coordinating preparation of unified environmental documentation that would serve as the basis for all federal decisions. The unified environmental review document for each qualifying project would be prepared according to the following timelines:
• No more than one year after acceptance of a completed application when there is a finding of no significant impact under the National Environmental Policy Act (NEPA); and
• No more than one year and 30 days after the close of public comment for a draft environmental impact statement (EIS) under NEPA when an EIS is required.
Qualifying surface water storage projects would include both federal and “State-led storage projects,” the latter of which is defined under Section 4007 of the Water Infrastructure Improvements for the Nation Act (WIIN Act). A state in which a qualifying project is being considered may choose to participate as a “cooperating agency” that will participate in the permit coordination.
The Board voted to support this bill during the past two Congresses.
Status:
H.R. 186 was introduced in the House on January 9, 2023, and was referred to the Committee on Natural Resources.
Importance to Valley Water:
Simplifies the permitting for new surface water storage projects and designating the Bureau of Reclamation as lead permitting agency would help expedite the construction of these projects. This could include the Pacheco Reservoir Expansion Project or other new projects in which Valley Water participates. Getting these projects online quickly is important for creating additional emergency water supplies that can help our region store more water and become more drought resilient.
Pros:
• Simplifies permitting for new surface water storage projects, which could include the Pacheco Reservoir Expansion Project or other new storage projects in which Valley Water participates.
• Sets specific timelines for issuing environmental documentation under NEPA for qualifying project applications, which would help provide permitting certainty for Valley Water if the Pacheco Project, or another new storage project that qualifies under these criteria, is deemed feasible.
Cons:
• None identified at this time.
B. S. 24 (Feinstein)/H.R. 516 (Lieu) - Fighting Homelessness Through Services and Housing Act
Recommendation: Support and Amend
Priority Recommendation: 2
This bill would authorize $750 million annually for five years in grant funding for local governments or regional collaboratives to support housing and comprehensive services for people experiencing homelessness. These services would be required to address mental health, substance abuse, chronic health conditions, education and job training/employment, and life skills classes. Grants could be used for operations and/or housing construction.
The Board supported a prior version of this bill in 2019.
Proposed Amendment:
In order to better serve Valley Water interests, staff recommends a proposed amendment that would allow special districts to be eligible for these funds. This could allow Valley Water to access this funding to provide services to unsheltered residents along our creeks and waterways.
Status:
S. 24 was introduced in the Senate on January 23, 2023, and was referred to the Committee on Health, Education, Labor, and Pensions. H.R. 516 was introduced in the House on January 25, 2023, and was referred to the Committee on Financial Services. Senator Alex Padilla is an original cosponsor of S. 24.
Importance to Valley Water:
This bill would create a new source of federal funding to support local efforts to address homelessness. Valley Water has a vested interest in working with our local and state partners to ensure that Santa Clara County residents have access to comprehensive health, social, and economic support services to reduce homelessness. Addressing the root causes of homelessness is the best means of reducing the numbers of homeless residents and reducing encampments that pollute our creeks and waterways. With limited funding available at the local and state levels, more federal investment is needed to address this significant crisis.
This bill aligns with principles III.A.7 and III.A.8 of the Board-adopted 2023 Legislative Guiding Principles, which state:
III.A.7: Support the expansion of transitional and permanent housing for unhoused people.
III.A.8: Support improvements to behavioral health services provided to unhoused people.
Pros:
• Increases federal funding for affordable housing and critical support services for people experiencing homelessness.
• Helps address the root causes of homelessness by supporting local delivery of comprehensive health, social, and economic services.
Cons:
• Without the proposed amendment, Valley Water would not be able to access any of this funding, as the grants would only fund government entities that provide comprehensive services to address homelessness.
ENVIRONMENTAL JUSTICE IMPACT:
If this legislation were to pass with the proposed amendment, Valley Water would be able to access funding otherwise unavailable to us for the purpose of providing certain housing/homelessness-related services. As such, this could benefit people experiencing homelessness in Santa Clara County, as they are considered “economically disadvantaged” due to their Average Median Income being below 80%. Enactment of this amended legislation could help prevent further issues associated with encampments along our waterways.
FINANCIAL IMPACT:
There is no financial impact associated with this item.
CEQA:
The recommended action does not constitute a project under CEQA because it does not have the potential for resulting in direct or reasonably foreseeable indirect physical change in the environment.
ATTACHMENTS:
None.
UNCLASSIFIED MANAGER:
Manager
Marta Lugo, 408-630-2237