House Dems introduce companion bill to Senate effort

E&E News
By Debrah Kahn
February 12, 2014

Democratic House members late yesterday introduced a companion bill to a Senate effort to deal with California's drought.

Rep. Jim Costa's (D-Calif.) "California Emergency Drought Relief Act" mirrors a bill introduced yesterday by California and Oregon's senators aimed at providing emergency funding and improving the flexibility of water infrastructure in drought-stricken California (E&ENews PM, Feb. 11).

The bill comes against a backdrop of intensifying federal attention to the drought. President Obama is scheduled Friday to visit Fresno, and the administration's task force on climate preparedness is meeting tomorrow in Los Angeles.

Costa, who voted for a Republican bill that passed the House last week, urged compromise. That bill, H.R. 3964, by Rep. David Valadao of California, would reverse environmental restrictions for fish and send more water to farmers in the Central Valley. It was roundly criticized by California's Democratic delegation, with Obama issuing a veto threat ahead of its passage.

"While a long-term solution is past due, our past water fights must not get in the way of a united response to this crisis," Costa said. His co-sponsors are Reps. Tony Cárdenas and Sam Farr, both California Democrats.

Observers said the move could bring the two sides closer to agreement.

"Jim Costa introducing a bill could ultimately end up with some of Valadao's measures on it," said Patricia Schifferle, director of Pacific Advocates, a consulting firm in Northern California. "In the past, Senator Feinstein has favored some of the items in the Valadao bill, so if there was a more respectful process, one could imagine she would in conference support such measures as an addition to hers."

But some House Democrats said Feinstein's bill would damage Northern California interests.

"While the plan put forward today is a huge improvement from the disingenuous and deeply flawed legislation pushed through the House of Representatives last week by Rep. Valadao, we can still do much better," Reps. George Miller, Mike Thompson, Doris Matsui, John Garamendi, Jerry McNerney and Anna Eshoo said in a statement. "Particularly troubling in the new Senate bill are aspects that threaten the Northern California environment, economy, and may override protections for critically endangered species like salmon."

House Majority Whip Kevin McCarthy (R-Calif.), a co-sponsor of the Valadao bill, said the bill didn't go far enough. "[U]nfortunately, this proposal disappointingly focuses mainly on treating the symptoms of fallowed fields and dry spigots instead of taking steps toward curing the root of the problem so that our communities can receive more water," he said.

The Democrats' bill would provide $300 million in emergency funding for conservation projects, building wells, maintaining and establishing cover and permanent crops, water exchanges and other activities. It would also direct federal agencies to keep water flowing to farms as long as possible under current state and federal environmental laws protecting fish in the Sacramento-San Joaquin Delta.

In an interview with KQED Public Radio yesterday, Feinstein said her bill would give the state more flexibility to move water around within the confines of the law. The bill is not assigned to a committee yet.

"This aims to do what we can do; that's the point of my legislation," she said. "I know you can't suspend the Endangered Species Act in the Senate, so it's a dead letter."

She also urged state legislators to place a bond on the 2014 ballot to fund water storage projects. "It should be under $10 billion and should be half for storage and half for delta restoration," she said. "What is clear is that the situation in the last few months has changed dramatically. We now are in the worst drought in 500 years."