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MINUTES - 01192010 - D.3
PDF Return D. 3 To: Board of Supervisors From: David Twa, County Administrator Date: January 19, 2010 Contra Costa County Subject:2010 Federal and State Legislative Platforms and 2009 Year-End Report APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 01/19/2010 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS Contact:L. DeLaney, 5-1097 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: January 19, 2010 David Twa, BY:, Deputy RECOMMENDATION(S): 1. ACCEPT the year end report on the County’s 2009 federal and state legislative programs. 2. ADOPT the Contra Costa County 2010 Federal and State Legislative Platforms. RECOMMENDATION(S): (CONT'D) 3. DIRECT the County Administrator to return to the Board of Supervisors as necessary to update the County’s legislative platforms to reflect intervening legislative actions and final Army Corps of Engineers project capacity figures. 4. DIRECT the County Administrator to review legislation to identify bills that affect the County's adopted legislative platforms and to recommend appropriate positions on specific bills for consideration by the Board of Supervisors. 5. AUTHORIZE Board members, the County’s federal and state legislative representatives and the County Administrator, or designee, to prepare and present information, position papers and testimony in support of the 2010 Federal and State Legislative Platforms. FISCAL IMPACT: No direct impact to the County from the adoption of the platforms. BACKGROUND: Annually the County Administrator prepares a year end report for the Board of Supervisors on the County’s Federal and State Legislation Programs for the previous year. At the same time, the Board also considers its legislative platforms for the upcoming year. The Legislation Committee reviewed the draft 2010 State and Federal Platforms at their November and December meetings and recommended that the Platforms be sent to the Board for adoption. Year End reports were submitted by the County's federal advocates, Alcalde & Fay--represented by Mr. Paul Schlesinger and Ms. Anne Cullather, as well as by the County's state advocates, Nielsen Merksamer--represented by Ms. Cathy Christian and Mr. James Gross. Staff of the CAO's office, Ms. Lara DeLaney, and staff of the Department of Conservation and Development, Mr. John Greitzer, also provided input into the development of the Year End Reports and the legislative platforms. 2009 FEDERAL LEGISLATIVE PROGRAM YEAR END REPORT We are pleased to report significant progress was made on the County’s legislative priorities during the 2009 Congressional session. As you will recall, we started the year with a new President and much of the federal budget operating on a Continuing Resolution. So while we were preparing our appropriations requests for FFY 2010 funding, our federal advocates from the firm Alcalde & Fay were also working the FFY 2009 appropriations projects to ensure funding was retained for County projects as the measures moved to the House and Senate floors. Also early in 2010, Congress deliberated upon and passed the American Recovery and Reinvestment Act (ARRA) of 2009, which was signed into law by President Obama on February 17, 2009. This unprecedented economic stimulus package provided $787 billion in federal tax cuts, expansion of unemployment benefits and other social welfare provisions, with increased domestic spending in education, health care, transportation and infrastructure, including the energy sector. Throughout the year, we were advised by Alcalde & Fay on opportunities to participate in the incremental funding opportunities presented by the ARRA. Returning to the federal budget issues, on March 6, 2009 Congress passed another Continuing Resolution to continuing funding for programs at then-current levels while it continued to debate the FFY 2009 appropriations measures. The House of Representatives had passed the FFY 2009 Omnibus Appropriations bill on February 25, 2009, but the Senate did not pass it until March 10, and it was subsequently signed into law on March 11, 2009. The legislation included earmarks for a number of important projects for Contra Costa County: • Safe and Bright Futures for Children Exposed to Domestic Violence- $428,000 • Mount Diablo Mercury Mine Clean-Up– $670,000 (for a nationwide program with Mt. Diablo being the sole project that was singled out by name in any congressional reporting on the legislation) • Lower Walnut Creek- $287,000 • Grayson & Murderer's Creeks- $478,000 • Pinole Shoal Management (Delta LTMS)- $235,000 • San Francisco to Stockton Channel Deepening- $1.34 million • Suisan Bay Channel/NY Slough Maintenance Dredging- $2.768 million • San Pablo Bay/Mare Island Strait Pinole Shoal Maintenance Dredging- $1.058 million For FFY 2009, the County was able to secure a total of $6,594,000 in earmarks for the County. The two projects that did not receive funding for FFY 2009 were the Mokelumne Trail Overcrossing and the ARIES Integrated Justice Systems. For FFY 2010 funds, the Administration was very late in presenting its budget to Congress. The Energy and Water Appropriations bill passed the House on July 17, 2009 with the Senate approving the measure on July 29, 2009. Several months were spent reconciling the differences between the respective bills, and the appropriations act was finally signed into law on October 28, 2009. Contra Costa County was successful in having a number of earmarks included in the final FFY 2010 bill: • Pinole Shoal Management- $100,000 • Grayson & Murderer’s Creeks- $90,000 • Calfed Levee Stability Program- $4.844 M • San Pablo Bay/Mare Island Strait Pinole Shoal Maintenance Dredging- $2.518 M • Suisan Bay Channel/NY Slough Maintenance Dredging- $3.819 M The County's other requested projects were included in the Transportation/HUD Consolidated Appropriations Act, which passed the House on July 23, 2009. The bill passed the Senate on September 17, 2009 and was signed into law on December 16, 2009. This bill included appropriations for Transportation, Housing and Urban Development, as well as Commerce, Justice & Science, and Labor/Heath and Human Services. This bill included funding for two projects requested by the County: • Safe and Bright Futures- $550,000 • Methamphetamine Eradication and Suppression Program- $200,000 Total funding secured for FFY 2010 was $12,121,000. Combined with FFY 2009 funding, the County secured $18,715,000 in federal funding during 2009. Advocacy for the County's projects is a joint effort of our lobbying firm, Alcalde & Fay, and the efforts of our Board of Supervisors and staff. Each year, it is customary for the Chair and Vice Chair of the Board of Supervisors travel to Washington, D.C., along with the County's Legislative Coordinator, to advocate for projects included in the County’s Federal Legislative Platform. In 2009, the trip was planned to coincide with the National Association of Counties (NACo) Legislative Conference in March. The Vice Chair, however, was unable to attend due to prior commitments. Fortunately for the County, because Supervisor Glover and Dr. Walker were scheduled to be in Washington, D.C. for NACo and other association meetings, they were able to attend some of the advocacy meetings scheduled with our congressional delegation. Alcalde & Fay arranged and accompanied our County delegation to meetings with the following: • Taunja Berquam, House Appropriations Subcommittee on Energy & Water • Congressman McNerney, Andrew Horowitz (Legislative Director) and Eric Halstrom • Ryan Hunt on Senator Feinstein’s staff • Susan Binder and Katy Dedrick on the Senate Environment and Public Works Committee • Roger Cockrell, Senate Energy and Water Appropriations Subcommittee • Senator Boxer, Joaquin Esquivel (Legislative Director), and Danielle Leone (Legislative Assistant) • Dan Wessel on Senator Feinstein’s staff • Congresswoman Ellen Tauscher, Paul Schmid (Chief of Staff) and Jennifer Barton (District Director) • Bill Richards, Chief of Staff for Congressman Oberstar • Congressman George Miller and Dan Weiss (Chief of Staff) Throughout the year, Alcalde & Fay also worked with Board members and County staff on a variety of other issues and priorities including the following: • Identification and submission of High Priority Projects for the Surface Transportation reauthorization bill; • Identification of projects for the Water Resources Development Act (WRDA) reauthorization bill; • HR 1618 regarding limits on size of commercial trucks • FEMA/Flood management issues • Flood Plain Management Executive Order • House hearings on Levee safety • HR 2442, Congressman George Miller’s water bill • Letter on Disproportionate Share Hospital (DSH) funding • Indian gaming issues • Introduction to newly-elected Congressman Garamendi • Health Care Demonstration project • Delta water issues, including the federal MOU between Department of Interior, EPA and other agencies. Much activity during the last two months of 2009 was focused on the Delta water issues and working with the Delta Counties Coalition. Meetings were scheduled for representatives of the Delta Counties Coalition with the Congressional delegations and other federal agencies during the first week of December with the goal of: • Establishing a process for the Delta Counties Coalition to engage with the administration and California’s congressional delegation; • Securing flood management, water resources environmental, and engineering funding support in the 2010-2011 federal budget and appropriations process; • Securing federal support for the local and regional habitat management plans in the five Delta counties; • Accelerating federal studies associated with developing fresh water flow standards, storage options and implementing water conservation, recycling, re-use and regional self-sufficiency; and • Seeking additional resources for critical infrastructure projects and emergency response projects. In 2009, there were two major federal initiatives in Congress that had implications for the County with respect to transportation: the American Recovery and Reinvestment Act (ARRA), and the next multi-year transportation reauthorization bill (as yet unnamed). ARRA provided funds for a variety of infrastructure areas including transportation. The County, working through the Metropolitan Transportation Commission, received $10 million in ARRA funds to help finance the first phase of the Vasco Road Safety Improvement Project, which includes construction of a hard median, road widening and extension of a passing lane on a 2.6-mile stretch of Vasco Road where the greatest number of serious accidents has occurred in recent years. The multi-year transportation reauthorization bill was deferred by Congress until 2010. Early discussions indicated substantial differences of opinion within Congress on how the new transportation bill should be structured, what the funding levels should be, and how to pay for it, given the limitations of the current funding structure (federal gasoline taxes paid by motorists at the pump). The County’s Federal Platform for 2010 includes particular funding requests to be submitted to our delegation for inclusion in the multi-year reauthorization bill, when Congress is ready to resume work on it. Alcalde & Fay and County staff are currently in the process of preparing appropriations requests submittals for FFY 2011, the deadlines for which are in early February. A trip is also being scheduled for some time in February for the Chair and Vice Chair to advocate for our FFY 2011 projects with our Congressional delegation. PROPOSED 2010 FEDERAL LEGISLATIVE PLATFORM Each year, the Board of Supervisors adopts a Federal legislative platform that establishes priorities and policy positions with regard to potential federal legislation and regulation. The 2010 Federal Legislative Platform includes 13 requests for appropriations; 5 requests for the reauthorization of the federal transportation act; and 4 requests for the reauthorization of the Water Resources Development Act. The proposed 2010 Federal Legislative Platform is included as Attachment A. Notable changes from the FY 2009 platform include the following: 1. The FFY 2011 appropriation requests have been re-prioritized to reflect input from the Legislation Committee, staff, and our lobbyist. 2. The FFY 2011 appropriation requests include the following new projects: • Mt. Diablo Mercury Mine Clean-up(This project returns to the list after a one-year hiatus due to planning and funding issues.) • Methamphetamine Eradication and Suppression Program(A request of then-Congresswoman Tauscher to submit a FFY 2010 project related to methamphetamine eradication, after the formal submittal period had ended, resulted in $200,000 in appropriations for the Sheriff's Office. Given this success, the project will be resubmitted for FFY 2011 funding for additional assistance.) • Wildcat Creek, Section 1135 Project 3. The ARIES Integrated Justice Systems project was removed from the FFY 2011 list and replaced by the Methamphetamine Eradication and Suppression Program. 4. The list of projects for the reauthorization of the Water Resources Development Act (WRDA) has been revised to add an authorization for the Mt. Diablo Mercury Mine project as well as a multi-county, Delta Counties Coalition project authorization for the Army Corps of Engineers to upgrade the Levees in the Delta as part of an overall system, rather than on a county-by-county or island-by-island basis. 5. The Policy Positions have been revised to reflect current information from staff. Notable changes include alterations to the section on "Designation of Indian Tribal Lands and Indian Gaming" (p.13-14). 2009 STATE LEGISLATIVE PROGRAM YEAR END REPORT Review of the 2009 Legislative Budget, Water Policy and Transportation Issues BUDGET. When the Legislature convened in January 2009, the State faced a budget that was seriously out of balance, in part because the Legislature failed to make mid-year budget cuts during the months of November and December to address a then $40 billion deficit. In February, the Legislature finally passed and the Governor signed a revised FY 2009-10 budget deal that included $41.6 billion in “solutions” - $30.3 billion to balance the 2009-10 budget and $11.3 billion to close the gap projected for the remainder of 2008-09. The budget agreement contained a “trigger” mechanism linked to California’s receipt of funds from the federal economic recovery bill. Cuts totaling $94.7 million and a $1.8 billion tax increase would be “triggered off” only if California received at least $10 billion in federal funds that could offset state General Fund expenditures by June 30, 2010. Also included in the spending plan were measures that would go before the voters in a statewide special election on May 19, 2009: spending cap/rainy day fund; Proposition 98 (Education) changes; lottery modernization; Proposition 10 modifications (First 5 Commission); Proposition 63 modifications (Mental Health Services Act) and restrictions on legislative pay. Despite the passage of the spending plan, the State continued to experience fiscal problems. Treasurer Bill Lockyer and Finance Director Mike Genest determined that California would only receive $8.17 billion in federal funds to offset General Fund expenditures and thus did not pull the budget “trigger,” which had the effect of allowing the additional cuts and taxes to be implemented. The Legislative Analyst’s Office also reported that lower than expected revenues were coming into the State’s coffers. Due to the state’s cash-flow crisis, State Controller John Chiang began delaying payments to counties for the operation of health and human services programs. And all ballot measures at the May 19th election, with the exception of the legislative pay proposal, failed by significant margins. By May 2009, California’s economy had weakened substantially and the budget gap had again grown to an estimated $21 billion. Governor Schwarzenegger released his May revision to the budget (which he updated at several points in the process and issued two revisions in July) to address the current (2008-09) and budget (2009-10) years. The Legislature was forced to reconvene the Budget Conference Committee again to consider modifications to the 2009-10 budget bill, signed into law in February, as well as reductions to 2008-09 spending and other proposals to bridge the new budget gap. The Controller predicted the State would run out of cash as early as July 22 and major banks stated that they would not accept IOUs past July 10th. The Governor then declared a fiscal emergency on July 1 and called a special session of the Legislature to address the deficit. On July 2, Controller John Chiang began issuing IOU’s to businesses, local governments, and taxpayers receiving income tax refunds. The State issued 450,000 IOUs totaling $2.6 billion between July 2 and September 4. As lawmakers searched for solutions to the budget crisis, deliberations included discussions about suspending local government Proposition 1A revenues, suspending Proposition 42 transportation funding, suspending Highway User Tax Act (HUTA) revenues to counties and cities, elimination of the Healthy Families and CalWORKs programs, reductions to child welfare services, deferring AB 3632 (county mental health services for children with special needs) payments for one year, and reduction of funding for the Early and Periodic Screening, Diagnosis, and Treatment Services. On July 28, the Governor signed a package of budget revisions aimed at closing the $23.2 billion shortfall that included $24.2 billion in “solutions” - $16.1 billion through spending reductions, $3.5 billion from new revenues and revenue accelerations; $2.2 billion from borrowing, which included $1.9 billion from local government property tax revenues; $1.0 billion from fund shifts; and $1.4 billion from other “solutions.” The agreement includes a diversion of $1.9 billion of local government property tax revenues to schools and requires the state to repay the amount shifted, with interest, no later than June 30, 2013. The budget “solutions” agreed to again did not forestall a growing deficit. At the end of November, the Legislative Analyst Office (LAO) projected that California faces a $20.7 billion deficit between now and the time the Legislature enacts a 2010-11 state budget plan. The total includes $6.3 billion projected deficit for the 2009-10 fiscal year and a $14.4 billion gap between projected revenues and spending in 2010-11. The LAO is predicting annual budget deficits of $20 billion through 2014-15. When the Legislature returns in January, they will once again be faced with a massive budget shortfall. WATER AND THE DELTA. Unable to come to an agreement on a plan to address the State’s water problems when the Legislature adjourned in September, the Governor called a special session in October. There were several competing plans that attempted to address several key issues: regional interests, the Democrats desire for policies acceptable to environmentalists and the Republicans demand that the bond money go to dams and other storage projects. In the end, the compromise plan to fix the environmentally damaged Sacramento-San Joaquin Delta and improve the state’s water management systems was split into two parts – policy bills that required a majority vote and a water bond that required a two-thirds vote. The Delta Counties fought long and hard to ensure that the Delta and its communities were included in the major decisions that will be made affecting the Delta, but by and large, the demand for water in the Central Valley and Southern California trumped the interests of the Delta and Northern California communities. At the Governor’s signing ceremony, he called the comprehensive water package an “historic achievement.” The water policy package includes delta governance and a mandate to create a plan to restore the ecosystem; groundwater monitoring requirements; statewide water conservation; water division reporting requirements and water rights enforcement. The water bond, Safe, Clean and Reliable Drinking Water Supply Act of 2010, proposes an $11.14 billion general obligation bond for the November 2010 ballot. Just weeks prior to the passage of the water bond, the Treasurer Bill Lockyer released his “2009 Debt Affordability Report.” The report shows the General Fund debt service will double from $6 billion (6.7 percent) this year to more than $12 billion (10.5 percent) in the 2016-17 state fiscal year. Most of that higher level of debt service is the result of already issued bonds, and the Treasurer warned that the State is not in a position to take on additional debt and needs a master plan to set priorities for infrastructure development and how to pay for it. The water bond stipulates that no more than 50 percent of the $11 billion can be sold during the next five years, which only reduces the increase in debt service in the short term. All of this is contingent upon the voters’ approval next November. TRANSPORTATION. Most of the transportation legislation activity in 2009 was focused on budget-related transportation funds. There were relatively few non-budget transportation bills that were passed, unlike most years in which a large number of detailed transportation bills are passed or at least debated on a variety of transportation issues. During the spring and summer there was serious discussion in Sacramento about the possibility of discontinuing all state transportation funding programs for cities, counties and public transit agencies. This would have had a devastating impact on Contra Costa County and jurisdictions throughout California. Fortunately, the final budget package only deferred distribution of these transportation funds, rather than discontinuing them altogether. The state transportation funds that we would have received in July through December 2009 will be paid to the County and other jurisdictions in January through April 2010. The budget debate has led to the creation of a League of California Cities-sponsored ballot measure that would prohibit the State from raiding local transportation funds, local redevelopment funds or property tax revenue. Currently the State is allowed to do so with certain limitations and payback requirements. If enough signatures are gathered, the ballot measure will appear on the November 2010 ballot. (Another ballot measure that would call for a State Constitutional Convention is also circulating for signatures, and is supported by the Board of Supervisors). Review of 2009 Contra Costa County Legislative Activity We were successful in the first half of the 2009-10 legislative session in obtaining the Governor’s signature on legislation of importance to Contra Costa County. AB 166 gave counties additional tools to address abandoned vessels on public waterways; AB 1383 will help stabilize the hospital safety net by establishing a hospital provider fee; AB 1422 provides that Medi-Cal managed plans are subject to the gross premium tax in order to address the funding shortfall in the Healthy Families Program; two budget bills, SB 65 and SB 67, allow local governments to securitize the State’s repayment obligation for the property taxes it borrowed, made changes to bonding requirements and provided for additional deferrals of state payments to address the cash crisis. In addition to the legislative efforts described above, Attachment C lists all bills on which the County took a position and that Nielsen Merksamer monitored and assisted, as appropriate, to advance the County’s position.The first section shows the final action of 2009 legislation that the County took a position on or watched and the second section lists the bills that are pending in the 2010 session. Attachment D is a table showing the final disposition of the few relevant transportation bills that were discussed in the legislature in 2009. As the table shows, most bills either died in committee or were vetoed by the Governor. A few were changed to two-year bills and deferred to 2010. Three of the bills passed the Legislature -- AB 166 dealing with abandoned vessels in public waterways, and supported by the Board; AB 1175 dealing with bridge tolls and seismic retrofit for the Antioch and Dumbarton Bridges; and SB 65, which was the repayment of deferred transportation funds described above. With the assistance of our transportation lobbyist, California Strategies, and staff of the Public Works and Department of Conservation and Development Departments, the County will soon resume its legislative efforts to seek revision of the Subdivision Map Act to provide more flexibility in how jurisdictions can use the transportation impact fees paid by developers on new construction. As reported to the Board on previous occasions, state law currently restricts the use of these impact fee revenues to major road and bridge improvements; the funds may not be used for public transit improvements, or pedestrian or bicycle improvements. As the County and other jurisdictions increasingly pursue infill development in already-urbanized areas, more and more of the transportation impacts will have to be mitigated through pedestrian, bicycle and public-transit improvements rather than new roads or bridges. The County’s legislative initiative would provide this flexibility in the use of the impact fee revenues. The County pursued this issue with the Legislature in 2008 and nearly succeeded until last-minute objections from the southern California building industry led then-sponsor Senator Mark DeSaulnier (D-Concord) to drop the bill until he had more time to discuss it with the building industry. The bill was not pursued in 2009 because the Legislature’s focus was entirely on budget matters. This effort is included in the transportation component of the County’s State Platform for 2010. 2010 also will see continued focus on the State budget. Staff will work with CSAC and the County’s advocates to monitor any budget developments that could impact the County’s transportation funding. PROPOSED 2010 STATE LEGISLATIVE PLATFORM Each year, the Board of Supervisors adopts a State legislative platform that establishes priorities and policy positions with regard to potential State legislation and regulation. The State Legislative Platform includes policy issues that provide direction and guidance for identification of bills which would affect the services, programs or finances of Contra Costa County; County-sponsored bill proposals; and issues regarding the State budget and state-local relationships. The proposed 2010 State Legislative Platform is included as Attachment B. Notable changes from the 2009 State Legislative Platform include the following: 1. Given the anticipated focus on State Budget and Delta water issues in 2010, the number of County-sponsored bills has been reduced from three to two. Through the efforts of our transportation lobbyist, the County will seek to advance its Subdivision Map Act Amendment bill. In conjunction with the Urban Counties Caucus (UCC), the County will also seek to promote and partner with other counties on a bill to allow "All Mail Ballots" for special elections. The two bill proposals from 2009 dealing with CEQA exemptions for affordable housing lending and infill development in unincorporated areas have been reconfigured as Policy Positions (p. 17). Should there be an opportunity to include these bill concepts in any SB 375 clean-up or similar legislation, County staff and our advocate will endeavor to advance their legislative intents. 2. Illegal Dumpinghas been removed as a Legislative Advocacy Priority. Again, given the number and complexity of the legislative priorities of the County, staff recommends that the list be pared down to the most essential items. 3. Various Policy Positions have been amended. Changes are highlighted and italicized in Attachment B. Notable changes include the addition of two policies related to funding for First 5 Commissions (p. 15), a policy to support legislation to establish an advance disposal fee program (p. 15), and alterations to Indian Gaming issues (p. 16). CLERK'S ADDENDUM ADOPTED Recommendations 1, 3,4,5; ADOPTED Recommendation 2 with a modification to the State Legislative Platform to remove item No. 37 "SUPPORT reduction in the 2/3 vote requirement for special taxes that fund high priority local services"; and DIRECTED item no. 37 return to the Board for consideration at a later date. AgendaQuick©2005 - 2022 Destiny Software Inc., All Rights Reserved 2010 FEDERAL LEGISLATIVE PLATFORM CONTRA COSTA COUNTY Each year, the Board of Supervisors adopts a Federal legislative platform that establishes priorities and policy positions with regard to potential federal legislation and regulation. The 2010 Federal Legislative Platform includes 13 requests for appropriations; 5 requests for the reauthorization of the federal transportation act; and 4 requests for the reauthorization of the Water Resources Development Act. FFY 2011 FEDERAL APPROPRIATION REQUESTS The following list is a preliminary ranking in priority order. Adjustments to the priority order may be appropriate once the President releases his budget. The current priority ranking gives preference to those projects that we know will not be included in the President’s budget, with lower priority to Army Corps of Engineers projects which may be in the budget. Also, Army Corps project requests will be adjusted to be consistent with Corps capability. 1. Delta LTMS-Pinole Shoal Management, CA – $2,000,000 appropriation for the Army Corps of Engineers to continue a Long Term Management Strategy (LTMS) for levee rehabilitation, dredging and sediment reuse in the Delta, similar to the effort completed in the Bay area. Levee work, reuse of dredged sediments, dredging and other activities have been difficult to accomplish due to permitting problems and a divergence of priorities related to water quality. Significant levee rehabilitation is critical to the long term stability of these levees and to water quality and supply for the 23 million Californians who depend upon this water. Stakeholders from the Department of Water Resources, Ports, Army Corps, levee reclamation districts, local governments and other interested parties are participating in the LTMS. A Sediment or Dredged Material Management Office will be established, and in the longer term, preparation of a Sediment Management Plan will consider beneficial reuse of dredged materials as one potential source of sediment for levees. (Note: $500,000 appropriated for FFY 2005; $225,000 for FFY 2006; $500,000 for FFY 2007; $462,000 for FFY 2008; $235,000 for FFY 2009; $100,000 for FFY 2010.) 2. Safe and Bright Futures for Children Exposed to Domestic Violence – $475,000 appropriation to implement the federally funded plan to diminish the damaging effects of domestic violence on children and adolescents and to stop the cycle of intentional injury and abuse. A three year assessment and planning process resulted in a program plan that will align and create a system responsive to the needs of children exposed to domestic violence through identification, intervention, and treatment; raising awareness; training professionals; utilizing and disseminating data; establishing consultation teams to support providers in intervening and using best practices; and developing targeted services. The local domestic violence hotline received over 3,100 calls involving children last year (60% of all calls). Exposure to trauma like domestic violence reshapes the human brain, influences personality, shapes personal skills and behaviors, impacts academic performance, and substantially contributes to the high 1/11/2010 1 Attachment A 2010 Federal Legislative Platform Contra Costa County cost of law enforcement, civil/criminal justice and social services. (Note: $428,000 appropriated for FFY 2009; $550,000 for FFY 2010.) 3. Mt. Diablo Mercury Mine Clean-up – $483,000 appropriation for the Army Corps of Engineers to complete phases 2 and 3 of the Technical Planning Process for the Mt. Diablo Mercury Mine Demonstration Project. The project will clean up the mine in a cost-effective, environmentally-sound manner with minimal liability exposure for the County and involving all stakeholders through an open community-based process. The Corps initiated a Technical Planning Process in June 2008 to develop a preliminary remediation plan, identify applicable permit and environmental data requirements and complete a data collection and documentation program for the clean-up of the Mt. Diablo Mercury Mine. Phase 1 of the planning process has been completed, and this appropriation will allow the Corps to continue the planning process and complete phases 2 and 3. The planning process will include looking at watershed issues downstream of the mercury mine. The Corps will be focusing on the mine site, and the local Contra Costa County Flood Control District will be focusing on the broader watershed issues. The mine site is located on private property on the northeast slope of Mt. Diablo at the upper end of the Marsh Creek watershed. Existing funding will be depleted before the end of this year and an appropriation is needed. (Note: $517,000 appropriated for FFY 2008.) 4. Lower Walnut Creek, California – $600,000 appropriation for the Army Corps of Engineers continue their general reevaluation of the lower five miles of the Walnut Creek Channel to restore flood capacity, provide environmental enhancement and ecosystem restoration. The project is designed to help improve flood protection in a densely populated area, while leaving the creek in a natural state, thus providing habitat for migratory birds, fish and other wildlife; increasing neighborhood livability; and allowing for linkages with recreational and park land. (Note: $188,000 appropriated for FFY 2006; no FFY 2007 appropriation; $562,000 for FFY 2008; $287,000 for FFY 2009; $0 for FFY 2010.) 5. Grayson and Murderer’s Creeks (Walnut Creek Basin), California – $600,000 appropriation for the Army Corps of Engineers to analyze Grayson and Murderer’s Creeks to determine the feasibility of providing improved flood protection for a community that regularly experiences flood damages. The project is designed to help improve flood protection in a densely populated area, while leaving the creeks in a natural state, thus providing habitat for migratory birds, fish and other wildlife; increasing neighborhood livability; and allowing for linkages with recreational and park land. (Note: $100,000 appropriated for FFY 2006; no FFY 2007 appropriation; $98,000 for FFY 2008.; $478,000 for FFY 2009; $90,000 for FFY 2010.) 6. CALFED Bay Delta Reauthorization Act Levee Stability Improvement Program (LSIP) – TBD appropriation for the Army Corps of Engineers for levee rehabilitation activities. The CALFED Reauthorization Act, passed in January 2004, authorized $90 million, which may be appropriated for levee rehabilitation work. The Corps has prepared a “180-Day Report” which identifies projects and determines how these funds 1/11/2010 2010 Federal Platform 2 2010 Federal Legislative Platform Contra Costa County would be spent. Since that time, the breakdown of CALFED, coupled with the Army Corps’ attempts to define an appropriate and streamlined process, has delayed funding and resultant levee work. (Note: $500,000 appropriated for FFY 2006; $400,000 for FFY 2007; $4.92 million for FFY 2008; $4.844 million for FFY 2010.) 7. Suisun Bay Channel/New York Slough Maintenance Dredging – $6,114,000 appropriation for the Army Corps of Engineers for maintenance dredging of this channel to the authorized depth of minus 35 feet. Continued maintenance is essential for safe transport of crude oil and other bulk materials through the San Francisco Bay, along the Carquinez Straits and into the Sacramento/San Joaquin Delta. Dredging for this channel section is particularly costly due to requirements on placement of dredged materials in upland environments. An oil tanker ran aground in early 2001 due to severe shoaling in a section of this channel, which creates a greater potential for oil spills (Note: $4.559 million appropriated for FFY 2005; $4.619 million for FFY 2006; $2.82 million for FFY 2007; $2.856 million for FFY 2008; $2.768 million for FFY 2009; $3.819 million for FFY 2010.) 8. San Pablo/Mare Island Strait/Pinole Shoal Channel Maintenance Dredging – $5,300,000 appropriation for the Army Corps of Engineers ($2.65 million for Mare Island) for maintenance dredging of the channel to the authorized depth of minus 35 feet. The Pinole Shoal channel is a major arterial for vessel transport through the San Francisco Bay region, serving oil refineries and bulk cargo which is transported as far east as Sacramento and Stockton. (Note: $1 million appropriated for FFY 2005; $2.988 million for FFY 2006; $896,000 for FFY 2007; $1.696 million for FFY 2008; $1.058 million for FFY 2009; $2.518 million for FFY 2010.) 9. San Francisco to Stockton (J. F. Baldwin and Stockton Channels) Ship Channel Deepening – $2,500,000 appropriation for the Army Corps of Engineers to continue the Deepening Project. Deepening of this channel will allow for operational efficiencies for many different industries, an increase in waterborne goods movement, reduced congestion on roadways, and air quality benefits. Phase one work focused on establishing economic benefit to the nation and initial salinity modeling in the channel sections. The second and final phase includes detailed channel design, environmental documentation, cost analysis, additional modeling, and dredged material disposal options. (Note: $500,000 appropriated for FFY 2005; $200,000 for FFY 2006; $200,000 for FFY 2007; $403,000 for FFY 2008; $1.34 million for FFY 2009; $0 for FFY 2010.) 10. Methamphetamine Eradication and Suppression Program– $700,000 appropriation to maintain the Sheriff’s Office’s Specialized Investigative Unit’s enforcement efforts targeting mid to high-level methamphetamine manufacturers and distributors. This elite unit is responsible for having seized over 100 pounds of methamphetamine, over 10 pounds of cocaine, and assets valued at over $650,000 in the last two years. This unit is working in a primary capacity with both State and Federal agencies on high-level wire-tap investigations. 1/11/2010 2010 Federal Platform 3 2010 Federal Legislative Platform Contra Costa County The Office of the Sheriff is seeking funds to continue its Specialized Investigations Unit’s efforts and honor its commitments to the multi-jurisdictional effort through the Cal- MMET program. Funds from this program would be utilized to maintain staffing in this critical investigative component of the Investigation Division. Without this funding, significant accomplishments and inroads made in the methamphetamine drug-trafficking trade and organized crime industry will be lost. The impact of this will compromise interagency coordination and multi-jurisdictional investigations, heavily impacting public safety throughout Contra Costa County. (Note: $200,000 appropriated for FFY 2010.) 11. Wildcat Creek, Section 1135 Project – $300,000 appropriation for the Army Corps of Engineers to complete a feasibility study for environmental enhancement, ecosystem restoration and modification of fish passage in Wildcat Creek. The primary purposes of the project are to enhance the fish and wildlife values for the original Wildcat Creek Flood Control Project while also maintaining the flood carrying capacity of the channel. The project includes construction of a meandering low flow channel, enlarging the associated riparian corridor, stabilizing the adjacent flood plain bench, expanding the existing sediment basin, and modifying or replacing the existing fish ladder to provide for effective fish passage through the sediment basin and concrete channel. The project also includes construction of floodwalls or levee embankments to ensure the level of flood risk reduction provided by the original Corps project. 12. Carquinez Scenic Drive Bay Trail – $2.0 million (increased from $0.5 million in 2009 platform) to repair slide damage and reconstruct the multi-use trail as part of the San Francisco Bay Trail. The Trail is a continuous 400-mile recreation corridor that will encircle the entire Bay Area, connecting communities to each other and the Bay. To date, 210 miles of the Bay Trail have been developed. This segment would access East Bay Regional Parks land and connect the communities of Martinez, Port Costa and Crockett for bicycle, pedestrian and equestrian users as well as provide alternate emergency vehicle and evacuation routes for these communities. The planning study, which evaluated roadway stability and identified stabilization and path alignment alternatives, was completed in 2007. (Note: $1 million appropriated for FFY 2006; no appropriations since then.) 13. State Route 4 / Old River Bridge Study – $1,000,000 appropriation to work with San Joaquin County and the State of California on a study of improving or replacing the Old River Bridge along State Route 4 on the Contra Costa / San Joaquin County line. The study would determine a preferred alternative for expanding or replacing the existing bridge, which is part of State Route 4. The existing bridge is narrow, barely allowing two vehicles to pass each other, and is aligned on a difficult angle relative to the highway on either side, requiring motorists to make sharp turns onto and off of the bridge. The project would improve safety and traffic flow over the bridge. (Note: no appropriations for this project as yet.) 1/11/2010 2010 Federal Platform 4 2010 Federal Legislative Platform Contra Costa County 2010 REAUTHORIZATION OF FEDERAL TRANSPORTATION ACT The current federal transportation policy and spending act, a five-year act known as the Safe, Accountable, Flexible and Efficient Transportation Equity Act – A Legacy for Users, or SAFETEA-LU, expired in 2009. Its reauthorization will likely be crafted during the year. The following are priority projects for inclusion in the next multi-year transportation bill. 1. Vasco Road Safety Improvement Project -- $30 million (reduced from $40 million in 2009 platform, due to receipt of $10 million in ARRA funds) for improvements to a 2.5-mile accident-prone section of Vasco Road. Project components include widening the roadway to accommodate a concrete median barrier and shoulders on either side of the barrier, construction of the barrier, and extension of an existing passing lane. The project will eliminate cross-median accidents which have caused numerous fatalities in recent years, and will provide increased opportunities for vehicles to safely pass (unsafe passing is a major cause of accidents and fatalities on this segment of the increasingly busy two-lane undivided road). The project will include provisions for wildlife undercrossings to preserve migration patterns. The funds will complement $10 million programmed for the project in the American Recovery and Reinvestment Act. (10th/11th Districts, Garamendi/ McNerney) 2. North Richmond Truck Route -- $25 million (increased from $15.5 million in the 2009 platform due to engineering issues pertaining to levees and railroad right of way) to construct a new road that will provide truck access between businesses and the Richmond Parkway, moving the truck traffic away from a residential neighborhood and elementary school. This project will increase safety, improve public health around the school and residential area by reducing diesel particulate emissions from those areas, increase livability of the neighborhood, improve local access to the Wildcat Creek Regional Trail, stimulate economic development in the industrial area of the community and provide a better route for trucks traveling to and from the Richmond Parkway. The alignment was developed through a community planning process funded through an Environmental Justice planning grant from Caltrans. (7th District, Miller) 3. Eastern Contra Costa Trail Network -- $5 million for a joint planning, environmental review, right-of-way acquisition and constructions of a coordinated network of trails for walking, bicycling and equestrian uses in eastern Contra Costa County. Eligible trails include, but are not limited to, (1) the Mokelumne Trail overcrossing of the State Route 4 Bypass; (2) Contra Costa segments of the Great California Delta Trail; (3) a supportive network of East Contra Costa trails in unincorporated County areas and the cities of Antioch, Brentwood, Oakley and Pittsburg (All districts) (No changes proposed from 2009 platform.) Following are priority programs for inclusion in the next multi-year transportation bill: ¾ Rural Road Funding Program – The County supports the creation of a new funding program that will provide funds for converting or upgrading rural roads into more modern roads that can handle increasing commuter traffic in growing areas, such as East County. These roads do not often compete well in current grant programs because 1/11/2010 2010 Federal Platform 5 2010 Federal Legislative Platform Contra Costa County they do not carry as many vehicles as roads in more congested urban or suburban areas. As a result, improvements such as widening, realignment, drainage improvements and intersection modifications often go unfunded, leaving such roads with operational and safety problems as well as insufficient capacity. (All districts) ¾ Transportation Funding for Disabled, Low-income, and Elderly Persons – The County supports continuation and increased funding levels for the three federal funding programs dedicated to transit services for these population groups -- the New Freedom Program for senior transit services, the Job Access and Reverse Commute Program which funds transit services to job locations for low-income persons, and the Section 5310 transit funding program for the elderly and individuals with disabilities. SAFETEA- LU provided a total of $1.7 billion nationwide for these programs. By comparison, $200 billion was provided for highway projects; even transportation research got more funding ($2.3 billion) than transit for elderly, disabled and low-income persons. All of the demographic trends point to a growing need for such services in the future. For example, the 65-and-older population in the Bay Area is projected to more than double by the year 2030. Transit services for elderly, disabled, and low-income persons are provided by the County, by some cities, by all of the bus transit operators, and by many community organizations and non-profits that provide social services. Increased funding is needed to provide and maintain more service vehicles, operate them longer throughout the day, upgrade the vehicle fleet and dispatching systems, improve coordination between public providers and community groups that also provide such services to their clients, and expand outreach programs to inform potential riders of the available services, among other needs. (All districts) REAUTHORIZATION OF WATER RESOURCES DEVELOPMENT ACT (WRDA) The Water Resources Development Act of 2007 became law in November, more than seven years after the last authorization bill. It appears that the House and Senate Committees intend to propose a WRDA bill in 2010. The following are projects the County has submitted for inclusion. 1. Mt. Diablo Mercury Mine Clean-up - Authorize the Army Corps of Engineers, through their Remediation of Abandoned Mine Site program (RAMS), to perform and complete the Technical Planning Process and site characterization of the Mt. Diablo Mercury Mine in Contra Costa County as a demonstration project with no local match, and authorize the Army Corps of Engineers to construct the clean-up project at the Mt. Diablo Mercury Mine. This mine remediation project is the first to combine the Corps’ RAMS program and partnering agreements with local government to resolve liability issues associated with a clean-up project on private property and address mercury pollution on a watershed basis. Since this is a demonstration project, the Corps would fund the full Technical Planning Process and project construction. 1/11/2010 2010 Federal Platform 6 2010 Federal Legislative Platform Contra Costa County A 1995 study of Marsh Creek indicated the Mt. Diablo Mercury Mine tailings are responsible for 88% of the mercury in Marsh Creek. In addition, mercury levels in fish in Marsh Creek Reservoir downstream of the mine exceed the health standard concentration of 0.5 ppm. 2. Sacramento San Joaquin Delta Levee Upgrade –Contra Costa County, together with the four other Delta counties of Sacramento, San Joaquin, Solano and Yolo, is requesting authorization for the Army Corps of Engineers to upgrade the levees in the Delta as part of an overall system, rather than on a county-by-county or island-by-island basis. As the Administration has recognized, this ecosystem is among the most important in the nation, providing a source of drinking water for more than 25 million people, supporting a $28 billion agricultural industry, and fostering a thriving commercial and recreational fishing industry that contributes millions to the California and national economies. The 1150 square mile network of levees, dating back to the 1930s, are susceptible to failure, and the resulting island flooding would cause saltwater intrusion into the Delta, creating a significant threat to the quality of drinking water throughout the state. The project is a request for an authorization of $2.5 billion for the Army Corps of Engineers to upgrade the levee system, including stockpiling rock to rebuild collapsed levees for emergency response purposes at selected areas of the Delta. Because of the importance of the Delta to the nation’s agriculture and economy, the request includes a modification of the Federal/local cost share to 90% federal and 10% local. 3. Rodeo Creek, Section 1135 Project – The Contra Costa Flood Control and Water Conservation District is seeking an 1135 project authorization for the Army Corps of Engineers to prepare a study of the feasibility of restoring and enhancing wildlife resources in Rodeo Creek between San Pablo Bay and Highway 80. The channel was designed and constructed to provide adequate flood protection for the community of Rodeo and to control erosion of the creek. The channel currently does this, but requires extensive, environmentally insensitive maintenance to keep the channel functioning properly. In addition, the current channel design includes barriers to migration of anadromous fish. The Contra Costa Flood Control and Water Conservation District would like to partner again with the Corps of Engineers under the Corps' 1135 program to transform this outdated design into a sustainable, environmentally sensitive facility that better serves the community and the environment. 4. Rheem Creek, Section 1135 Project – The Contra Costa Flood Control and Water Conservation District is seeking an 1135 project authorization for Rheem Creek between the mouth at San Pablo Bay and Giant Road. The Army Corps of Engineers' existing flood protection project on Rheem Creek protects a number of commercial, industrial, residential and open space areas in the Richmond / San Pablo area of Contra Costa County. Surrounding the mouth of the creek is a large undeveloped parcel (Brunner Marsh) which has been acquired by the East Bay Regional Park District for a future public park. Development of the adjacent lands as a regional park provides a unique opportunity for an enhanced creek environment in an area that will be very visible to the public. 1/11/2010 2010 Federal Platform 7 2010 Federal Legislative Platform Contra Costa County APPROPRIATIONS AND GRANTS – SUPPORT POSITIONS The following support positions are listed in alphabetic order and do not reflect priority order. Buchanan Field Airport – The County approved a Master Plan for the Buchanan Field Airport in October 2008, which includes a Federal Aviation Regulation Part 150 Noise Study and a Business Plan for project implementation. The comprehensive planning effort has ideally positioned Buchanan Field Airport for future aviation (general aviation, corporate aviation and commercial airline service) and aviation-related opportunities. To facilitate the economic development potential, the Business Plan prioritizes necessary infrastructure improvements for Buchanan Field Airport. Further, as the Airport is surrounded by urban residential uses, enhancing the noise program infrastructure is deemed essential for balancing the aviation needs with those of the surrounding communities. The Federal government, primarily through the Federal Aviation Administration (FAA), provides funding for planning, analysis, and infrastructure improvements. The County will support funding in all these areas for protection and enhancement of our aviation facility and network. Byron Airport – The Byron Airport is poised for future general and corporate aviation and aviation-related development, but that future growth is dependent upon infrastructure improvements both on and around the Airport. The Byron Airport Business Plan prioritizes infrastructure and possible additional land acquisition to assist the Byron Airport in fulfilling its aviation and economic development potential. The Federal government, primarily through the Federal Aviation Administration (FAA), provides funding for planning, analysis, infrastructure improvements and aviation land acquisition. The County will support funding in all these areas for protection and enhancement of our aviation facility and network. Delta Islands and Levees Feasibility Study – TBD appropriation for the Army Corps of Engineers for the Delta Islands and levees feasibility study. Originally designed to be a cooperative effort with the State (the State risk assessment process moved ahead of the Federal process), the study will now look at the water resources challenges in the Delta, will consider a larger Federal role, and will develop a collaborative planning process. (Note: $200,000 appropriated in FFY 2006; $800,000 in FFY 2007; $2 million expected in FFY 2008; appropriation for FFY 2009 unknown at this time.) East Bay Regional Communication System (EBRCS)– $3 million appropriation to build the East Bay Regional Communication System (EBRCS), a P25 Radio System infrastructure for Contra Costa and Alameda County. This two-county system will provide interoperable voice communication in both the 800 MHz and 700 MHz frequencies to all public safety and public services agencies within Contra Costa County and Alameda County. The project will improve radio system reliability, enhance radio coverage, relieve channel congestion, reduce maintenance costs, provide seamless regional coverage, facilitate future expansion and provide a migration path to new technologies. Due to a regional approach, economies of scale will also be realized. 1/11/2010 2010 Federal Platform 8 2010 Federal Legislative Platform Contra Costa County EBRCS will allow for interoperable voice communication within the region that can be integrated with other P25 radio systems outside the geographical area of the EBRCS, for example, with San Francisco. This project will provide Level 5 communications which is the highest level of interoperable communications. This project will allow for everyday interoperable communications, not just various levels of interoperability during big events or disasters in which radio caches are deployed or gateway devices used. Kirker Pass Road Truck Climbing Lane – $10 million appropriation (reduced from $31 million due to availability of other funding and focusing initially on the northbound direction) for constructing northbound and southbound truck climbing lanes on Kirker Pass Road, a heavily used arterial linking residential areas in eastern Contra Costa with job centers and the freeway system in central Contra Costa. The truck climbing lanes are needed to improve traffic flow and will also have safety benefits. The $31 million would augment $3 million in State Infrastructure Proposition 1B funds which the County has allocated for the project. Regional Habitat Planning and Conservation – $125 million appropriation to the U.S. Fish and Wildlife Service’s “Cooperative Endangered Species Conservation Fund” to keep pace with land costs and the increasing number of Habitat Conservation Plans (HCPs) throughout the country. In partnership with approximately a dozen counties in northern and southern California, the County will support a request that funding for the Fund increase from the $73.8 million current-year level to $125 million in FY2010. This will restore the Fund to approximately its fiscal 2001 level, adjusted for inflation, and provide much needed support to regional HCPs in California and nationally. Given the prolific growth in the number of regional HCPs, the Fund needs to be increased even more substantially in subsequent years. The County would also request that the California State Association of Counties (CSAC) include this Fund increase as a priority on CSAC’s federal platform. San Francisco Bay, Long Term Management Strategy (LTMS), Environmental Windows, Science Projects – $3.45 million appropriation for the Army Corps of Engineers’ “Environmental Windows Science Projects” as part of the Bay Area Long Term Management Strategy (LTMS). Environmental Windows are limited timeframes when dredging and, to some extent, disposal can occur within San Francisco Bay and environs. However, the existing windows are based on old and, in some cases, little or no scientific basis. This project would identify where additional science is necessary, prioritize science projects, obtain funding and oversee these scientific studies. The broad-based coalition includes the Bay LTMS Agencies (EPA, BCDC, Corps, Regional Water Board), resource agencies (USFWS, NOAA Fisheries, State Fish and Game) and a number of other agencies, organizations and individuals. Vasco Road-Byron Highway Connector – $30 million appropriation (increased from $10 million in 2009 platform due to costs of state and federal environmental review, and anticipated cost increases) for design, engineering and construction of an east-west connector road between two major arterials that link Contra Costa County with Alameda and San Joaquin Counties. The Vasco Road-Byron Highway Connector will improve 1/11/2010 2010 Federal Platform 9 2010 Federal Legislative Platform Contra Costa County traffic circulation and linkages in the southeastern portion of the County and will provide a new route for truck traffic that will remove a significant portion of truck trips which currently pass through the rural community of Byron. Vasco Road is designated as State Route 84, and Byron Highway is under study as the potential alignment for future State Route 239. 2010 FEDERAL LEGISLATIVE PLATFORM POLICY POSITIONS The following support positions are listed in alphabetic order and do not reflect priority order. Affordable Housing and Homeless Programs –For Housing and Urban Development (HUD)’s Homeless Assistance Grants, the County will support funding that does not include set-asides or other requirements that limit local communities’ ability to respond to the particular needs in their areas. For the Housing Assistance for People with AIDS (HOPWA) program, the County will support legislation to update the formula used to allocate HOPWA grants to reflect local housing costs as well as the number of AIDS cases. The County supports full funding for HUD homeless assistance programs. As Congress considers McKinney-Vento reauthorization legislation, the County will advocate for greater local flexibility, including an expanded definition of homelessness that will allow agencies to better respond to locally-determined needs. Congress should include a formula-driven affordable housing production program in the final version of Government Sponsored Enterprise reform legislation. The County also supports the National Affordable Housing Trust Fund Act. Resources made available through any new affordable housing production program should be accessible to local housing and community development agencies, including public housing authorities. As the present home mortgage crisis demonstrates, homeownership is not for everyone. While we value and support the role that homeownership plays in meeting affordable housing needs, any new production program should prioritize efforts to address our nation’s acute shortage of affordable rental housing. Agricultural Pest and Disease Control – Agriculture and native environments in Contra Costa County continue to be threatened by a variety of invasive/exotic pests, diseases and non-native weeds. The Federal government provides funding for research, regulation, pest exclusion activities, survey and detection, pest management, weed control, public education and outreach. The County will support funding in all these areas for protection of our agricultural industry and open space. Consistent with the policy position, the County will also support legislation which would authorize and direct the USDA to provide state and local funding for High Risk Prevention programs (also called Pest Detection Funding). 1/11/2010 2010 Federal Platform 10 2010 Federal Legislative Platform Contra Costa County Beneficial Use of Dredged Materials – As the beneficial reuse of dredged materials has a clear public benefit, particularly in the Delta, the County will continue to support beneficial reuse in general and also continue to advocate for funding for a federal study to determine the feasibility of beneficial reuse, considering the benefits and impacts to water quality and water supply in the Delta, navigation, flood control damage, ecosystem restoration, and recreation. The study would include the feasibility of using Sherman Island as a rehandling site for the dredged material, for levee maintenance and/or ecosystem restoration. Language to authorize the study was included in the Water Resources and Development Act (WRDA) which was passed into law on November 8, 2007. Child Care –The vulnerable children and families we serve face some of the most difficult circumstances of their lifetimes, as unemployment and loss of health insurance increase rapidly, more families are face foreclosure, and food assistance use hits record highs. Our agencies confront sharply rising caseloads and service demands as state and local budget deficits grow. With respect to issues of child care, the County will advocate for the following federal actions: Increase funding to support employment of low-income families through greater access to child care subsidies, and increase the access of children from eligible families to high-quality care that supports positive child development outcomes. [Legislative] Provide flexibility at the state and local levels so that quality care can be balanced with access and parental choice. Require coordination at the federal level among the various early child care and education funding streams. Child Support –The County will advocate for the following federal actions: Eliminate the $25 fee for non-IV-A families. Restore the incentive match payments that were prohibited in the Deficit Reduction Act. Allow the automatic use of cash medical support to reimburse Medicaid expenditures. Allow IV-D agencies to access Health Insurance records for the purposes of Medical Support. 1/11/2010 2010 Federal Platform 11 2010 Federal Legislative Platform Contra Costa County Child Welfare and Well-being –The County will advocate for the following federal actions: Provide states with financial incentives, as opposed to monetary penalties, under the Child and Family Services Reviews and minimize the significant administrative burden associated with the review process. End Title IV-E disallowances from federal audits that take away funds from an already resource-strapped child welfare system. Allow states to reinvest these funds in preventing child abuse and neglect. Increase prevention dollars to help maintain children safely in their own homes. Federal funding currently gives disproportional support to out-of-home care rather than to preventing children from coming into care. Any increase in Federal Medical Assistance Percentage should include an associated increase in the Title IV-E matching rate to help support children in foster care. Community Development Block Grant and HOME Programs – The County’s ability to continue to provide funding to a variety of nonprofit agencies that provide critical services to lower income residents, including financing the development of affordable housing, was threatened by the Administration’s plan to cut the CDBG and HOME programs as part of the FY 2006 federal budget. While the proposal was defeated, it could resurface. The County will oppose proposed cuts in these vital community development programs. In addition, as part the Administration’s “Community Development Block Grant Reform Act” introduced in 2007, the formula used in the CDBG program to determine a grantee’s entitlement amount would be amended in several ways. The County will oppose the proposed changes in the CDBG allocation formula. CDBG formula funding has declined by 17 percent since FY 2004 while the HOME program’s funding has declined by 12 percent during the same period. Both programs need to have funding restored. At present, the HOME program is the only federal source of affordable housing production funding. The County supports increased funding for HOME, particularly formula grants. Cost Shifts to Local and State Government – Contra Costa County performs many of its services and programs pursuant to federal direction and funding. Other services and programs are performed at the behest of the state, which receives funding through the federal government. In the past, the Administration’s budget has contained significant cuts to entitlement programs and/or caps on entitlements. Such actions could shift cost of services from the federal government to the state and/or local governments (and to the extent that costs would shift to the state, it is highly likely that these would be 1/11/2010 2010 Federal Platform 12 2010 Federal Legislative Platform Contra Costa County passed on to the County). The County will oppose any actions that would result in cost shifts on federal entitlement programs or which would result on greater dependency on county funded programs. In addition, the County will support federal and state financial assistance to aid county and local government efforts to meet unfunded federal mandates, such as those contained in the National Response Plan (NRP), the National Infrastructure Protection Plan (NIPP), and the National Incident Management System (NIMS). Criminal Debt Collection – Nonpayment of court-ordered victim restitution, fines and fees is a problem of epidemic proportions for all jurisdictions. Literally billions of dollars go uncollected each year across the country, resulting not only in financial suffering of victims, but also the loss of public revenue. Many states already allow for the offset of State Tax Refunds, and these programs are successful in achieving revenue recovery. Federal Tax Refunds are already being successfully offset to pay for delinquent child support. The County will support amendments to the Internal Revenue Code of 1986 to allow an offset against income tax refunds to pay for court-ordered debts that are past- due. Designation of Indian Tribal Lands and Indian Gaming – The Board of Supervisors has endorsed the California State Association of Counties’ (CSAC) policy documents regarding development on tribal land and prerequisites to Indian gaming. These policy statements address local government concerns for such issues as the federal government’s ability to take lands into trust and thus remove them from local land use jurisdiction, absent the consent of the state and the affected county; the need for tribes to be responsible for all off-reservation impacts of their actions; and assurance that local government will be able to continue to meet its governmental responsibilities for the health, safety, environment, infrastructure and general welfare of all members of its communities. The County will continue to advocate for federal legislation and regulation that supports the CSAC policy documents. The County will also advocate for limitations on reservation shopping; tightening the definition of Class II gaming machines; assuring protection of the environment and public health and safety; and full mitigation of the off-reservation impacts of the trust land and its operations, including the increased cost of services and lost revenues to the County. The County will also advocate for greater transparency, accountability and appeal opportunities for local government in the decision-making processes that permit the establishment of Indian gaming facilities. This includes sequencing the processes so that the Indian Lands Determination comes first, prior to initiation of a trust land request and associated environmental review. The County will also consider support for federal legislation that allows Class III gaming at the existing gaming facility only if it can be shown that any change would result in a facility that would be unique in nature and the facility can demonstrate significant 1/11/2010 2010 Federal Platform 13 2010 Federal Legislative Platform Contra Costa County community benefits above and beyond the costs associated with mitigating community impacts. Economic Development Programs – Congress should fund all the complementary programs within HUD’s community and economic development toolkit, ensuring that HUD does not lose sight of the development component of its mission. To that end, the County will support continued funding for the Section 108 loan guarantee program, the Brownfields Economic Development Initiative and the Rural Housing and Economic Development program. Each of these programs plays a unique role in building stronger, more economically viable communities, while enabling communities to leverage external financing in a way the CDBG program alone cannot do. Federal “Statewideness” Requirements – For many federally funded programs, there is a “statewideness” requirement; i.e., all counties must operate the specific program under the same rules and regulations. This can hamper the County’s ability to meet local needs, to be cost effective and to leverage the funding of one program to reduce costs in another program. Contra Costa County cannot negotiate for federal waivers or do things differently because it is not a state, yet its population is greater than seven states. Recognizing this is a very long-term effort, the County will advocate for relaxation of the “statewideness” rule to allow individual counties or a consortium of counties to receive direct waivers from the federal government and/or adopt the rules and regulations currently in use in another state for specific programs. Health –With respect to health related issues, the County will advocate for the following actions by the federal government: provide enhanced Medicaid FMAP ("FMAP" is the "Federal Medical Assistance Percentage" for Medicaid. It is the federal matching rate for state Medicaid expenditures. Increasing the federal matching rate for states would free up state general fund money for other purposes and would help counties as well.); suspend the Medicare “clawback” rule; suspend the “60-day rule” that requires states to repay the federal government overpayments identified by the state prior to collection, and even in instances where the state can never collect; ease the ability to cover those eligible for Medicaid by making documentation requirements less stringent; and prevent the implementation of the following seven federal regulations: • Outpatient hospital • Case Management • School Based Administration & Transportation • Public Provider Cost Limit • Graduate Medical Education • Rehabilitation Services Option • Provider Tax Public Housing Programs –Years of disinvestment threaten the viability of public housing and the well-being of millions of our neediest citizens. Preservation of the existing inventory of public housing units is critical not just to families currently residing in public housing, but also to the millions of families waiting for assistance. The Public 1/11/2010 2010 Federal Platform 14 2010 Federal Legislative Platform Contra Costa County Housing program is now in critical condition. The County will support full funding for public housing operations; sufficient funding to help preserve the existing inventory of public housing; funding for unforeseen emergencies or disasters at the former annual levels; and reauthorizing legislation for the HOPE VI program and funding HOPE VI at least at its original level of $600 million. The County will support funding of at least $72 million for Family Self Sufficiency (FSS) coordinators, the same as the President’s budget request in FY 2004. FSS is a mandatory program for any housing agency that received new vouchers many years ago, but only about 22 percent of agencies receive funding to operate the program, due to recent changes in the program’s competitive funding process. Every agency that needs assistance to operate this mandatory program should receive it. The County will support the enactment of federal legislation to preserve existing public housing stock by addressing the huge unfunded capital needs of public housing through the use of federal income tax credits, tax credit supported bonds and other means. The County will support putting to use public housing assets valued in excess of $100 billion by fully enabling public housing authorities to finance the rehabilitation and preservation of public housing by encumbering public housing properties as contemplated by the Quality Housing and Work Responsibility Act of 1998 (QHWRA). The County will support the enactment of a Public Housing Conversion Pilot in which up to 100 asset management projects are converted to project-based Section 8 assistance with oversight transferred to HUD’s Office of Housing. The County will support the development of legislation to reauthorize the HOPE VI program that is workable and accessible to public housing authorities of varying sizes. The County will support enactment of permanent authorization for the Moving to Work Demonstration Program. The County will support reform of the contractual relationship between public housing authorities and the federal government so that federal administrative and regulatory demands fairly reflect resources provided, and federal subsidies for public housing are predictable, adequate and stable. The County will support a reasonable transition to asset management of public housing with an optional exemption for agencies operating fewer than 500 public housing units. The County will support the Administrative Reform Initiative (ARI) process begun at HUD in 2007 for regulatory and administrative reform and seek meaningful, practicable reform of federal oversight activities pertaining to LHAs and the federal programs they administer. 1/11/2010 2010 Federal Platform 15 2010 Federal Legislative Platform Contra Costa County The County will support the development of alternatives to existing methods of evaluating the performance of LHAs and their programs and properties. The Section 8 HCV program has a demonstrated track record of success. Nonetheless, the HCV program can be further improved to provide public housing authorities with additional tools to help maximize the number of families served in their communities. Legislative and regulatory reform should include enhancements to current voucher subsidy and administrative fee funding distribution formulas; benchmarking important program goals and appropriations; rent simplification; increased self-sufficiency; improved housing affordability burdens and deconcentration of poverty for voucher assisted households; and improving the use of tenant-based vouchers for project-based assistance. The County will support funding of $14.9 billion, at a minimum, for the renewal of housing assistance vouchers. Congress should build upon the funding formula revision found in the FY 2007 appropriations bill in order to restore effective funding policies in authorizing language. The County will also support funding of at least $1.5 billion for administrative fees and reestablishing the administrative fee structure in place from 1998–2004. The County will support vouchers being renewed at full levels and public housing authorities being provided 100% of administrative funding. Retiree and Retiree Health Care Costs – The County operates many programs on behalf of the federal government. While federal funding is available for on-going program operations, including employee salaries, the allocation is usually capped, regardless of actual costs. For retiree and retiree health care, the County’s ability to contain costs is extremely limited. The County will advocate for full federal financial participation in funding the County’s retiree and retiree health obligations. San Luis Drain – The U. S. Bureau of Reclamation is under a court injunction to evaluate and implement options for providing drainage services for the west side of the San Joaquin Valley. Drainage water from this area contains toxic concentrations of selenium and other hazardous substances. The San Luis Drain is one of the options that was studied. The Drain would pass through Contra Costa County to discharge in the Delta. The U.S. Bureau of Reclamation has determined to address the problem without building the Drain but Congress would need to appropriate the funds before this alternative could be implemented and the injunction requiring provision of drainage service still looms. The County will continue to oppose the San Luis Drain option and support instead drainage solutions in the valley, such as reducing the volume of problem water drainage; managing/reusing drainage waters within the affected irrigation districts; retiring lands with severe drainage impairment (purchased from willing sellers); and reclaiming/removing solid salts through treatment, bird safe/bird free solar ponds and farm-based methods. 1/11/2010 2010 Federal Platform 16 2010 Federal Legislative Platform Contra Costa County Supplemental Nutrition Assistance Program (SNAP)– The County will advocate for the following federal actions: Increase SNAP benefits as a major and immediately available element of economic stimulus. Increase administrative matching funds to a true 75/25 rate (with no cost allocation reductions) so that states can deliver benefits in a timely and effective manner. Suspend the restrictions applying to ABAWDs. ("ABAWDs" stands for "Able- Bodied Adults without Dependents" and pertains to adults receiving food stamps who are considered employable.) They are subject to strict time limits on how long they can receive food stamps. It is difficult administratively to track this, and when unemployment is high, it can result in more adults going hungry. Remove the current federal barriers that prevent some nutrition programs from employing EBT technology. Streamlining Permitting for Critical Infrastructure, Economic Stimulus, and Alternative Energy Projects –“Green” Job Creation – Request that Congress and the Administration recognize the value of Habitat Conversation Plans (HCPs) as a reliable way of streamlining critical infrastructure, economic stimulus, and alternative energy project permitting in a manner that is consistent with federal environmental regulations. HCPs not only facilitate such projects through permit streamlining, but the planning, implementation, management, and monitoring needs associated with regional HCPs plans also create many quality “green” jobs. Telecommunications Act of 1996 Revisions – The Telecommunications Act of 1996 governs local government’s role in telecommunications, primarily broadband cable that uses the County’s right-of-way as well as consumer protections. As Congress works to update the Act, the County will continue to advocate for strengthening consumer protections and local government oversight of critical communications technologies; local access to affordable and reliable high speed broadband infrastructures to support the local economy; the right of local municipalities and communities to offer high-speed broadband access: coordination and integration of private communication resources for governmental emergency communication systems; preservation of local government’s franchise fees; preservation of the local community benefits, including but not limited to public, education and governmental (PEG) access channels; authority for provision of municipal telecommunication services; preservation of local police powers essential for health, safety and welfare of the citizenry; preservation of local government ownership and control of the local public rights-of-way; and support for ensuring that communication policy promotes affordable services for all Americans. Currently, the Community Broadband Act of 2007, S.1853, encourages the deployment of high speed networks by preserving the authority of local governments to offer 1/11/2010 2010 Federal Platform 17 2010 Federal Legislative Platform Contra Costa County 1/11/2010 2010 Federal Platform 18 community broadband infrastructure and services. The County will oppose all bills that do not address the County’s concerns unless appropriately amended. In addition, the Federal Communications Commission (FCC) has proposed rule-making (FCC Second Report and Order Docket 05-311 “Franchising Rules for Incumbents”) that, in the opinion of local government, goes beyond the scope of their authority in this area. The County will oppose all such rule making efforts. Temporary Assistance for Needy Families – The County will advocate for the following federal actions: Relieve states of work participation rate and work verification plan penalties for fiscal years 2007, 2008, 2009 and 2010 in recognition of the serious downturn in the national economy and the succession of more “process-based” regulations issued in the last few years. Permanently withdraw the August 8, 2008, proposal that would have repealed the regulation that enables states to claim caseload reduction credit for excess MOE expenditures. Rescind the May 22, 2008, HHS guidance that effectively eliminated the ability of states to offer pre-assistance programs to new TANF applicants for up to four months. Rescind the final Deficit Reduction Act regulation restricting allowable state maintenance-of-effort expenditures under TANF purposes 3 and 4. End federal efforts to impose a national TANF error rate. Volume Pricing – The National Association of Counties supports greater access for local governments to General Services Administration (GSA) contract schedules. These schedules provide volume pricing for state and local governments and make public sector procurement more cost effective. However, current law does not provide full access to state and local governments for GSA schedules. The County will support legislation that gives local governments access to these schedules and provides the option of purchasing law enforcement, security, and other related items at favorable GSA reduced pricing. Workforce Investment Act (WIA) Reauthorization – Congress may again consider reauthorization of the Workforce Investment Act in 2010. The County will support reauthorization of the Workforce Investment Act at current funding levels or higher; keeping the program at the federal level rather than block granting it; maximizing local control, so that we can meet local needs; and establishing reasonable performance measures. In addition, any reauthorization or new workforce legislation should: retain private sector led state and local Workforce Investment Boards (local boards) as governing bodies; expand, enhance and simplify the WIA Youth Program; redesign the Dislocated Worker program to reflect the new economy; and redesign how the funding of One-Stop facilities is structured. 2010 STATE LEGISLATIVE PLATFORM CONTRA COSTA COUNTY Each year, the Board of Supervisors adopts a State legislative platform that establishes priorities and policy positions with regard to potential state legislation and regulation. The State Legislative Platform includes County-sponsored bill proposals; policy issues that provide direction and guidance for identification of bills which would affect the services, programs or finances of Contra Costa County; and issues regarding the state budget and state-local relationship. COUNTY-SPONSORED BILLS The following sponsored bill proposals respond to Board adopted priorities and/or past direction to staff. 1. Subdivision Map Act Amendment for Pedestrian, Bicycle, Transit and Traffic Calming Facilities – For some time the County has wanted to update its transportation fees for new development to fund off-site pedestrian, bicycle, transit and traffic calming facilities. However, the state statute authorizing local agencies to adopt ordinances to require the payment of fees for transportation facilities, section 66484 of the Subdivision Map Act, is limited to bridges and major thoroughfares. Rationale: The public’s concern over greenhouse gas emissions and the impact of auto-oriented development on public health has spurred the County’s efforts to secure additional funding for transportation facilities that can encourage more walking, bicycling and transit use. In addition, the County’s successful efforts to reduce sprawl through infill development has increased the need for traffic calming devices to help minimize the traffic impacts from new development on existing roads. Revising the Subdivision Map Act to allow fees for these transportation facilities would support the County’s public policy goals, consistent with its General Plan circulation element. Senator DeSaulnier introduced a bill to accomplish this in 2008. The County will request the bill be reintroduced in the 2010 session, as it would provide more flexibility for an existing transportation funding source. 2. All Mail Ballots for Special Elections – Add provisions to the state Elections Code that would allow special elections to fill a vacancy in a congressional or legislative district to be conducted by all mailed ballots at the county’s discretion. Rationale: Historically, special elections to fill congressional and legislative vacancies have failed to attract interest, resulting in low voter turnout. For example, in Los Angeles County, four special vacancy elections were held in 2007. The average turnout for these elections was 11 percent with costs incurred ranging from $700,000 to $1,400,000. A significant portion of the costs expended was related to the recruitment of polling places and poll workers and supplying those polling places with election materials. This proposal would have a favorable administrative and fiscal impact by eliminating the 1/11/2010 1 Attachment B Contra Costa County 2010 State Platform need to recruit polling places and poll workers for these elections. In addition, the popularity of voting by mail has tremendously increased; therefore, the all mail ballot procedure for this type of election could result in higher voter turnout. LEGISLATIVE/REGULATORY ADVOCACY PRIORITIES Each year, issues emerge through the legislative process that are of importance to the County and require advocacy. For 2010, it is anticipated that critical issues requiring the attention of Nielsen Merksamer, the County’s advocate, will include the following: 1. State Budget – The State is facing a deficit of approximately $6.3 billion for the 2009-2010 fiscal year and a projected deficit of at least $19.9 billion in 2011-12. The long-standing practice of state government has been to look to counties as a means of balancing its budget. While opportunities to do so are more limited with the passage of Proposition 1A, the magnitude of the deficit makes it certain the State will be creative in their effort to include counties as part of its budget balancing solution. Of particular concern to counties is the inadequate reimbursement for our increasing cost of operating several human services programs, the Human Services Funding Deficit, formerly referred to as the “Cost of Doing Business.” The annual shortfall between actual county expenses and State reimbursement has grown to over $1 billion since 2001, creating a de facto cost shift to counties. The funding gap forces counties to reduce services to vulnerable populations and/or divert scarce county resources from other critical local services. It also increases the risk of State and Federal penalties. 2. Health Care – Counties have a high stake in California’s health reform efforts. Counties serve as employers, payers, and providers of care to vulnerable populations. Consequently, counties stand ready to actively participate in discussions of how to best reform the health care system in California. As proposals for Health Care reform by either the Administration or the Legislature are presented, they will be reviewed based on the Board-adopted “Principles for Action,” and the Health Care Principles adopted by CSAC and the Board of Supervisors. 3. Water and Levees /The Sacramento-San Joaquin Delta – Due to the Governor’s Delta Vision and the passage of a package of Delta Water legislation in November 2009, significant legislative activity related to re-engineering of the Delta is underway that could have significant impacts upon the County in the areas of water quality and supply (such as a peripheral canal), levees, ecosystem, governance and flood control. A water bond is scheduled for the November 2010 ballot, Consideration should be given to the potential for the County to sponsor Delta-related legislation through our legislative delegation. The Delta Water Platform, as well as the Strategic and Action Plan documents, is incorporated in this Platform by reference. 4. Transportation Funding – In recent years, the State has taken a significant amount of dedicated transportation funding to cover the General Fund budget deficit. For FY 2009-10 the State is withholding six months worth of transportation funding for cities and counties, to be repaid in the spring of 2010. The County will advocate for the 2010 State Platform 2 Contra Costa County 2010 State Platform protection of all current transportation funding sources and work to prevent the State from dipping into these funds again to cover budget shortfalls. Recent legislation placed limits on the State's ability to divert transportation funds to the General Fund, but diversion is frequently discussed by legislators. State transportation funds historically have been an important piece of the funding picture for annual road maintenance work, public transit, paratransit services, and major improvement projects to freeways and local roads. Funds also are needed to meet a growing number of unfunded state and federal mandates such as the Americans with Disabilities Act and stormwater and habitat preservation requirements, all of which have impacts on transportation improvement projects. The creation of a new transportation funding source could be supported, provided that the new source does not shift revenue away from the State’s General Fund. 5. Redevelopment Agency Revenue Shift to ERAF (Educational Revenue Augmentation Fund) – The adopted FY 2009-10 State budget requires a one-time shift of $1.7 billion in property tax revenues from redevelopment agencies to Educational Revenue Augmentation Funds (ERAF). The $1.7 billion take from redevelopment agencies is intended to support schools and programs that service residents of the redevelopment areas or that live in redevelopment-financed housing Under this take, RDAs may suspend their contributions to their Low and Moderate Income Housing Funds in 2009-10 in order to help finance payments, or may borrow from their parent city or county. RDAs may extend their time limits for plan effectiveness and for receipt of tax increment revenues by one year after they meet their payment obligation for 2009-10. The County should monitor discussions of any additional redevelopment revenue shifts and work with the California State Association of Counties (CSAC), the League of California Cities, and the California Redevelopment Association to educate the Governor and Legislature on the value of redevelopment as an economic development and smart growth tool as they conceive and adopt budgets in the future. STATE PLATFORM POLICY POSITIONS As requested by the Board, a brief background statement accompanies policy positions that are not self-evident. Explanatory notes are included either as the preface to an issue area or following a specific policy position. Please note that new and revised policy positions are highlighted and in italics. The rationale for the policy position is italicized. Agricultural Issues 1. SUPPORT efforts to ensure sufficient State funding for pest and disease control and eradication efforts to protect both agriculture and the native environment, including glassy-winged sharpshooter, light brown apple moth, and Japanese dodder activities; high risk pest exclusion activities; pesticide regulatory and law enforcement activities; and noxious weed pest management. Agriculture is an important industry in Contra Costa County. Protection of this industry from pests and diseases is important for its continued viability. 2010 State Platform 3 Contra Costa County 2010 State Platform 2. SUPPORT continued appropriations for regulation and research on sudden oak death, a fungal disease affecting many species of trees and shrubs in native oak woodlands. The County’s natural environment is being threatened by this disease. 3. SUPPORT funding for agricultural land conservation programs and agricultural enterprise programs to protect and enhance the viability of local agriculture. The growth in East County and elsewhere has put significant pressure on agricultural lands, yet agriculture is important not only for its production of fresh fruits, vegetables and livestock, but also as a source of open space. Animal Services Issues 4. SUPPORT efforts to protect local revenue sources designated for use by the Animal Services Department; i.e., animal licensing, fines and fees. Fines, fees, and licensing are major sources of revenue for the Animal Services Department. The demand for animal services is increasing each year as does the demand on the General Fund. It is important to protect these revenue sources to continue to provide quality animal service and to meet local needs. 5. SUPPORT efforts to protect or increase local control and flexibility over the scope and level of animal services. Local control over the scope of animal services is necessary to efficiently address public safety and other community concerns. Local control affords jurisdictions the ability to tailor animal service programs to fit their communities. Animal related issues in dense urban areas vary from those in small, affluent communities 6. SUPPORT efforts to protect against unfunded mandates in animal services or mandates that are not accompanied by specific revenue sources which completely offset the costs of the new mandates, both when adopted and in future years. Unfunded mandates drain our limited fiscal resources and, at the same time, chip away at local control over the scope and level of services. 7. SUPPORT efforts to ensure full funding of state animal services mandates, including defense of the State Department of Finance’s lawsuit against the State Commission on Mandates regarding the State obligations for reimbursement of local costs for animal services incurred in compliance with SB 1785. The County invested large sums of money to comply with SB 1785. That was done with the assurance that our cost would be offset by reimbursements from the state. Failure by the state to honor the reimbursements negatively impacts the County General Fund and Animal Services’ budget. 8. SUPPORT efforts to protect and/or increase County flexibility to provide animal services consistent with local needs and priorities. The demand for quality animal service programming continues to increase each year. The County is 2010 State Platform 4 Contra Costa County 2010 State Platform experiencing population growth and changing demographics. It is incumbent upon the Animal Services Department to be flexible enough to adjust to the changing needs and priorities. 9. SUPPORT efforts to preserve the integrity of existing County policy relating to Animal Services (e.g., the Animal Control Ordinance and land use requirements). Contra Costa is looked upon as one of the model Animal Services Departments in the state. Its policies, procedures, and ordinances are the yardstick against which other Animal Control organizations are measured. The local control exercised by the Board of Supervisors is key to that hallmark. Child Support Services Issues 10. SUPPORT the establishment of a statewide electronic registry for the creation and release/satisfaction of liens placed on property of a non-custodial parent as necessary to collect delinquent child support payments. California law currently provides that recording an abstract or notice of support judgment with a County Recorder creates a lien on real property. This requires recording the judgment in each of the 58 counties in order not to miss a property transaction. An electronic registry would simplify not only the creation of liens, but also the release/satisfaction of liens, because there would be a single statewide point of contact, and the entire process would be handled electronically through automated means. 11. SUPPORT amendment of current law that states that documents completed and recorded by a local child support agency may be recorded without acknowledgement (notarization) to clarify that the exception is for documents completed or recorded by a local child support agency. This amendment clarifies that documents that are prepared by the local child support agency and then sent for recording either by the local child support agency or by the obligor (non- custodial parent) or by a title insurance company are covered by the exemption, a technical point that not acknowledged by all county recorder offices. 12. SUPPORT efforts to simplify the court process for modifying child support orders by the court by requiring court appearances only when one of the parties objects to the modification. Currently, establishment of parentage and support by the court is permitted without court appearance if both parties are in agreement. A similar process for modification would reduce court time, the workload of all involved agencies and parties, and streamline the process. 13. SUPPORT efforts to ensure that the reduction caused by the federal Deficit Reduction Act of 2005 to the California Department of Child Support Services is not passed down as a reduction to the local program. The Act places a restriction on the ability of states to use incentive funds as the state match to draw additional federal funds. In previous years, California used its $30 million in federal funds in child support programs 2010 State Platform 5 Contra Costa County 2010 State Platform 14. SUPPORT efforts that would require the Department of Child Support Services to provide any notice form, information, or document that is required or authorized to be given, distributed, or provided to an individual, a customer, or a member of the public to be given, distributed, or provided in a digitized form, and by any means the Department determines is feasible, including, but not limited to, e-mail or by means of an Internet Web site. Climate Change Issues 15. SUPPORT the CSAC Climate Change Policy Statements and Principles which address a broad range of issues affected by climate change, including water, air quality, agriculture, forestry, land use, solid waste, energy and health. The document is largely based on existing CSAC policy and adapted to climate change. Additionally, the document contains a set of general principles which establish local government as a vital partner in the climate change issue and maintain that counties should be an active participant in the discussions in the development of greenhouse gas reduction strategies underway at the state and regional level. 16. SUPPORT efforts to ensure that the implementation of AB 32 results in harmony among the greenhouse gas reduction target created by the Air Resources Board for each regional/local agency, the housing needs numbers provided by the state Department of Housing and Community Development pursuant to housing element law, the Sustainable Communities Strategy, and the Regional Transportation Plan processes. Elections Issues 17. SUPPORT legislation to adjust precinct sizing from 1,000 voters per precinct to 1,250 voters per precinct. With the option of being able to have up to 1,250 voters per precinct, the best polling locations in a neighborhood can be selected, and that same site is more likely to be used for several elections, thus avoiding the need to change poll sites for voters. 18. SUPPORT full state reimbursement for state mandates imposed upon local registrars by the Secretary of State, including special state elections. Emergency Preparedness, Emergency Response 19. SUPPORT legislation that would give local agencies more authority to train volunteers and help clean-up oil spills without taking on additional legal liability. 20. SUPPORT legislation that would require the state’s Oil Spill Prevention and Response Agency to improve communication and clean-up technology, increase 2010 State Platform 6 Contra Costa County 2010 State Platform safety standards for ships and establish special protections for ecologically sensitive areas. 21. SUPPORT legislation that would require responses to future oil spills in a shorter timeframe, with a more regional approach. 22. SUPPORT measures that enable counties and other local agencies to better exercise their responsibilities to plan for and respond to emergencies and disasters without taking on additional legal liability and oppose those that do not recognize or support the county and local agency role in the State’s Standardized Emergency Management System. Eminent Domain Issues 23. SUPPORT legislation that maintains the distinction in the California Constitution between Section 19, Article I, which establishes the law for eminent domain, and Section 7, Article XI, which establishes the law for legislative and administrative action to protect the public health, safety, and welfare. 24. SUPPORT legislation that would provide a comprehensive and exclusive basis in the California Constitution to compensate property owners when property is taken or damaged by state or local governments, without affecting legislative and administrative actions taken to protect the public health, safety, and welfare. Flood Control and Clean Water Issues 25. SUPPORT authorization for regional approaches to comply with aquatic pesticide permit issues under the purview of the State Water Resources Control Board. Contra Costa County entered into an agreement with a neighboring county and several cities to share the costs of monitoring. While it makes sense for local government to pool resources to save money, State Board regulations make regional monitoring infeasible. 26. SUPPORT efforts to provide local agencies with more flexibility and options to fund clean water programs. Stormwater requirements issued by the Regional Water Quality Control Boards are becoming more and more expensive, yet there is no funding. Stormwater should be structured like a utility with the ability to set rates similar to the other two key water services: drinking water and wastewater. 27. SUPPORT efforts to provide immunity to local public agencies for any liability for their clean-up of contaminations on private lands. This will be more critical as the Regional Water Quality Control Boards institute Total Maximum Daily Loads, which establish a maximum allowable amount of a pollutant (like mercury) in the stormwater from a watershed. 2010 State Platform 7 Contra Costa County 2010 State Platform General Revenues/Finance Issues As a political subdivision of the state, many of Contra Costa County’s services and programs are the result of state statute and regulation. The state also provides a substantial portion of the County’s revenues. However, the state has often used its authority to shift costs to counties and to generally put counties in the difficult position of trying to meet local service needs with inadequate resources. While Proposition 1A provided some protections for counties, vigilance is necessary to protect the fiscal integrity of the County. 28. SUPPORT the State's effort to balance its budget through actions that do not adversely affect County revenues, services or ability to carry out its governmental responsibilities. 29. OPPOSE any state-imposed redistribution, reduction or use restriction on general purpose revenue, sales taxes or property taxes unless financially beneficial to the County. (Note that a redistribution of sales and property tax may be beneficial to Contra Costa County in the event that sales tax growth continues to lag behind property tax growth.) This policy includes opposition to the shift of redevelopment property tax increment revenues to the Educational Revenue Augmentation Fund (ERAF). 30. OPPOSE efforts to limit local authority over transient occupancy taxes (TOT). 31. OPPOSE any efforts to increase the County's share-of-cost, maintenance-of- effort requirements or other financing responsibility for state mandated programs absent new revenues sufficient to meet current and future program needs. 32. SUPPORT efforts to ensure that Contra Costa County receives its fair share of state allocations, including mental health funding under Proposition 63 and pass- through of federal funds for anti-terrorism and homeland security measures. The state utilizes a variety of methods to allocate funds among counties, at times detrimental to Contra Costa County. For example, with Proposition 63 mental health funding, the Department had anticipated $12-16 million per year. The state allocation is only $7.1 million for the first 3 years, in part because the homeless population was not considered in the allocation methodology. 33. SUPPORT efforts to receive reimbursement for local tax revenues lost pursuant to sales and property tax exemptions approved by the legislature and the State Board of Equalization. 34. SUPPORT continued efforts to reform the state/local relationship in a way that makes both fiscal and programmatic sense for local government. 35. OPPOSE reductions in county-run State programs that shift responsibility or costs to the County. 2010 State Platform 8 Contra Costa County 2010 State Platform 36. SUPPORT efforts to relieve California of the federal Child Support penalties without shifting the cost of the penalties to the counties. 37. SUPPORT reduction in the 2/3 vote requirement for special taxes that fund high priority local services. 38. SUPPORT efforts to authorize counties to impose forfeitures for violations of ordinances, as currently authorized for cities. This would provide the County with the opportunity to require deposits to assure compliance with specific ordinance requirements as well as retain the deposit if the ordinance requirements are not met. Currently, the County is limited to imposing fines which are limited to only $100 - $200 for the first violation, which has proven to be an ineffective deterrent in some cases. 39. SUPPORT efforts to redefine the circumstances under which commercial and industrial property is reassessed to reduce the growing imbalance between the share of overall property tax paid by residential property owners versus commercial/industrial owners. 40. SUPPORT efforts to reduce County costs for Workers’ Compensation, including the ability to control excessive medical utilization and litigation. Workers’ Compensation costs are significant, diverting funds that could be utilized for County services. Workers’ Compensation should provide a safety net for injured employees, for a reasonable period of time, and not provide an incentive for employees to claim more time than medically necessary. 41. SUPPORT state actions that maximize federal and state revenues for county-run services and programs. 42. SUPPORT legislative compliance with both the intent and language of Proposition 1A. 43. SUPPORT full State funding of all statewide special elections, including recall elections. 44. OPPOSE efforts of the State to avoid state mandate claims through the practice of repealing the statues, then re-enacting them. In 2005, the State Legislature repealed sections of the Brown Act that were subject to mandate claims, then re- enacted the same language pursuant to a voter-approval initiative, and therefore, not subject to mandate claims. 45. SUPPORT strong Public Utilities Commission (PUC) oversight of state- franchised providers of cable and telecommunications services, including rigorous review of financial reports and protection of consumer interests. AB 2987 (Núñez), Chapter 700, statutes of 2006 transferred regulatory oversight authority from local government to the PUC. 2010 State Platform 9 Contra Costa County 2010 State Platform 46. SUPPORT timely, full payments to counties by the State for programs operated on their behalf or by mandate. The State currently owes counties over $1 billion in State General Funds for social services program costs dating back to FY 2002-03. 47. SUPPORT full State participation in funding the County’s retiree and retiree health care unfunded liability. Counties perform most of their services on behalf of the state and federal governments. Funding of retiree costs should be the responsibility of the State, to the same extent that the State is responsible for operational costs. Health Care Issues The federal Medi-Cal waiver provided $180 million per year during years 3 to 5 of the waiver, contingent upon the State developing a “coverage initiative for the uninsured.” The California Association of Public Hospitals has taken the lead in structuring an initiative that would not only improve the health status of enrollees, but also promote prudent use of health care services and ultimately lower costs for counties and the Medi-Cal system. In addition, the Governor and the Legislature have engaged in health care reform discussions since 2007. Counties are concerned about any reform that could transfer responsibility to counties, without commensurate financing structures or in a manner not compatible with the County’s system. Counties support a concept of universal health coverage for all Californians. Toward that end, counties urge the state to enact a system of health coverage and care delivery that builds upon the strengths of the current systems in our state, including county-operated systems serving vulnerable populations. Currently, California has a complex array of existing coverage and delivery systems that serve many, but not all, Californians. Moving this array of systems into a universal coverage framework is a complex undertaking that requires sound analysis, thoughtful and deliberative planning, and a multi-year implementation process. As California moves forward with health care reform, counties urge the state to prevent reform efforts from exacerbating problems with existing service and funding. The State must also consider the differences across California counties and the impacts of reform efforts on the network of safety-net providers, including county providers. The end result of health reform must provide a strengthened health care delivery system for all Californians, including those served by the safety net. 48. SUPPORT State action to increase access and affordability. Access to care and affordability of care are critical components of any health reform plan. Expanding eligibility for existing programs will not provide access to care in significant areas of the state. Important improvements to our current programs, including Medi- Cal, must be made either prior to, or in concert with, a coverage expansion in 2010 State Platform 10 Contra Costa County 2010 State Platform order to ensure access. Coverage must be affordable for all Californians to access care. 49. SUPPORT Medi-Cal reimbursement rate increases to incentivize providers to participate in the program. 50. SUPPORT administrative streamlining of Medi-Cal, including elimination of the asset test and semi-annual reporting and changes to income verification. California should look to other states for ideas to reduce administrative costs, such as allowing all children born into Medi-Cal to remain on the program until age 21. 51. SUPPORT actions that address provider shortages (including physicians, particularly specialists, and nurses). Innovative programs, such as loan forgiveness programs, should be expanded. In an effort to recruit physicians from other states, the licensing and reciprocity requirements should be re-examined. Steps should be taken to reduce the amount of time it takes to obtain a Medi-Cal provider number (currently six to nine months). 52. SUPPORT efforts that implement comprehensive systems of care, including case management, for frequent users of emergency care and those with chronic diseases and/or dual diagnoses. Approaches could be modeled after current programs in place in safety net systems. 53. SUPPORT efforts that provide sufficient time for detailed data gathering of current safety funding in the system and the impact of any redirection of funds on remaining county responsibilities. The interconnectedness of county indigent health funding to public health, correctional health, mental health, alcohol and drug services and social services must be fully understood and accounted for in order to protect, and enhance as appropriate, funding for these related services. 54. OPPOSE safety net funding transfers until an analysis of who would remain uninsured (e.g. medically indigent adults, including citizens, who cannot document citizenship under current Medicaid eligibility rules) is completed in order to adequately fund services for these populations. 55. SUPPORT efforts to clearly define and adequately fund remaining county responsibilities. 56. SUPPORT State action to provide an analysis of current health care infrastructure (facilities and providers), including current safety net facilities across the state, to ensure that there are adequate providers and health care facilities, and that they can remain viable after health reform. 57. SUPPORT efforts to provide adequate financing for the reforms to succeed. 2010 State Platform 11 Contra Costa County 2010 State Platform 58. SUPPORT measures that maximize Federal reimbursement from Medicaid and S-CHIP. 59. SUPPORT State action to complete actuarial studies on the costs of transferring indigent populations, who currently receive mostly episodic care, to a coverage model to ensure that there is adequate funding in the model. 60. SUPPORT efforts that ensure that safety net health care facilities remain viable during the transition period and be supported afterwards based on analyses of the changing health market and of the remaining safety net population. 61. SUPPORT State action to implement California’s Medi-Cal Hospital/Uninsured Care 1115 Waiver to ensure full Federal financial participation by creating a health coverage program through public hospitals that would establish the provider network and set of services; qualify eligible enrollees; issue coverage cards; and assign primary care providers. 62. SUPPORT efforts to increase revenues and to contain mandated costs in the County's hospital and clinics system. 63. SUPPORT efforts to increase the availability of health care to the uninsured in California, whether employed or not. 64. SUPPORT legislation that improves the quality of health care, whether through the use of technology, innovative delivery models or combining and better accessing various streams of revenue, including but not limited to acute and long term care integration. 65. SUPPORT legislation to protect safety net providers, both public and private. Legislation should focus on stabilizing Medi-Cal rates and delivery modes and should advocate that these actions are essential to the success of any effort to improve access and make health care more affordable. Currently there is no planned or organized system of care for young people and their families in need of alcohol and drug treatment services. Moreover there is a vast disparity between treatment need and treatment capacity for adolescents. In 2002, an estimated 468,000 persons between the ages of 12 & 18 in our state had an alcohol and drug problem (abuse or dependence) that warranted treatment. In that same year only 18,965 adolescents in that age group were actually admitted to publicly-funded alcohol and drug programs. This number represents only 4% of the estimated population in need of treatment. Relative to the need and demand for this service, this is an area of the State's health care system that has been largely ignored. 66. SUPPORT State efforts to increase the scope of benefits and reimbursement rates contained in Minor Consent Medi-Cal to give youth suffering from 2010 State Platform 12 Contra Costa County 2010 State Platform substance abuse disorders access to a continuum of care, including residential and one-on-one outpatient treatment. 67. SUPPORT efforts to give incentives to providers to establish more youth-driven treatment facilities within the community. 68. SUPPORT efforts to extend Minor Consent Medi-Cal Coverage to incarcerated youths, many of whom are in custody due to drug related crimes. This could greatly decrease recidivism in the juvenile justice system. 69. SUPPORT county efforts in the promotion of partnerships that provide integrated responses to the needs of alcohol and drug populations, including criminal justice, perinatal and youth as well as those populations with co-occurring disorders. 70. SUPPORT and encourage the development of strategies that include alcohol and drug services in the provision of all culturally appropriate health care services. 71. SUPPORT the development and institutionalization of a tracking system for use on utilization and notification of Healthy Family substance abuse benefits for youths enrolled under California’s Health Family program. Like other youth in California, youth in Contra Costa County, are the most underserved population in the County’s Alcohol and Other Drug (AOD) Services’ caseloads. The Healthy Family initiative holds great potential as a funding source to address this major deficit in our AOD treatment services. 72. SUPPORT efforts to require coverage of medically necessary alcohol and substance abuse related disorder treatment on the same levels as other medical conditions in health care service plans and disability insurance policies. Alcohol and drug treatment services are the most under-funded of all health services. Neither the state nor the federal allocations to the County covers medical treatment for AOD services, and so are a cost borne by the County. Human Services Issues 73. SUPPORT efforts to increase County flexibility in use of CalWORKs funds and in program requirements in order to better support the transition of welfare dependent families from welfare-to-work and self sufficiency, including, but not limited to, extending supportive services beyond the current limit; enhancing supportive services; increasing diversion and early intervention to obviate the need for aid; developing a state earned income tax credit; expanding job retention services; developing a eligibility definition to 250% of the poverty level; and exempting the hard-to-serve from welfare-to-work activities and the 20% exemption or providing flexibility in the time limit (dependent upon terms and conditions of TANF reauthorization). Support efforts to align CalWORKs property and asset limitations with those of Food Stamps. All of these measures would 2010 State Platform 13 Contra Costa County 2010 State Platform make it easier for CalWORKs families to enter employment services, become employed, and continue with the support they need in order to maintain their jobs. 74. SUPPORT efforts to revise the definition of “homelessness” in the Welfare & Institutions Codes to include families who have received eviction notices due to a verified financial hardship, thus allowing early intervention assistance for CalWORKs families. Current law prevents CalWORKs from providing homeless assistance until the CalWORKs family is actually “on the street.” This rule change would enable the County to work with CalWORKs families who are being threatened with homelessness to prevent the eviction and, presumably, better maintain the parents’ employment status. 75. SUPPORT efforts to ensure funding of child care for CalWORKs and former CalWORKs families at levels sufficient to meet demand. The State of California has not fully funded the cost of child care for the “working poor.” Additional funding would allow more CalWORKs and post-CalWORKs families to become and/or stay employed. 76. SUPPORT efforts to establish an “umbrella code” for the reporting of incidents of elder abuse to the Department of Justice, thus more accurately recording the incidence of abuse. Current reporting policies within California’s law enforcement community and social services departments are uncoordinated in regards to the reporting of adult abuse. Under an “umbrella code,” law enforcement agencies and social services departments would uniformly report incidents of elder abuse and California would have much better data for policy and budget development purposes. 77. SUPPORT efforts that seek to identify and eliminate elder financial abuse and elder exposure to crime that may be committed through conservatorships. 78. SUPPORT efforts to reduce County costs for In-Home Supportive Services, including but not limited to extending the required reassessment period. There are many administrative tasks required in regulation for counties to follow in managing the In-Home Supportive Services program. Options to many of these tasks would lower administrative costs while maintaining program integrity. 79. SUPPORT efforts to eliminate the finger-imaging requirement for adult food stamp applicants, recognizing the fraud deterrent aspects of the Electronic Benefits Transfer System. Elimination of the finger-imaging requirement, which was originally implemented as a fraud control measure in the old welfare programs, is viewed by many as an unnecessary or duplicate process. The current electronic benefits transfer system combined with program eligibility processes provides more fraud prevention/detection than does finger-imaging. 2010 State Platform 14 Contra Costa County 2010 State Platform 80. SUPPORT efforts to allow phone-in Food Stamp Eligibility Redeterminations as a more cost effective benefit reassessment process. As counties such as Contra Costa change their business models to utilize centralized service centers, some of the antiquated process rules and requirements also need to be changed, to allow cost efficient practices. Changing the rules to allow phone-ins for Eligibility Redeterminations is one example. 81. SUPPORT efforts to continue expansion of Child Welfare Redesign Program Improvements including: use of Federal IV-E funding for pre-placement, prevention activities; development of caretaker recruitment and retention campaigns; extension of Independent Living Skill services to age 21; and, funding to implement Children’s Child Welfare Workload Study Results, SB 2030. Changes in these areas would enable counties to better meet their performance accountability goals, as required under Federal and State statutes. 82. SUPPORT efforts to allow Medi-Cal clients transportation access to medical care via the most efficient transportation mode possible instead of the very costly ambulance transportation that is currently prevalent. California is currently limited to the types of non-emergency medical transportation for reimbursement by Medi-Cal. However, the federal Medicaid program allows other much less costly forms of transportation to be used. Other states use this more permissive definition of approved non-emergency medical transportation to encourage Medicaid clients to receive preventative care and reduce the incidence of last- resort ambulance transportation to hospital emergency rooms for primary care. 83. OPPOSE any legislation that increases tobacco taxes but does not contain language to replace any funds lost to The California Children and Families Act/Trust Fund for local services as currently funded by tobacco taxes, Prop 10 in 1998 and Prop 99. 84. OPPOSE legislation, rules, regulations or policies that restrict or affect the amount of funds available to, or the local autonomy of, First 5 Commissions to allocate their funds in accordance with local needs. Illegal Dumping of Waste 85. SUPPORT legislation to establish an advance disposal fee program (retailer take-back program) for products containing potentially hazardous materials, like batteries, pharmaceuticals, fluorescent bulbs, electronics and large appliances as well as other items which require special handling (e.g. bulky items like furniture). 86. SUPPORT legislation that would make changes to the used tire redemption program. Instead of collecting a disposal fee from the consumer when new tires are purchased, a disposal fee would be collected at the wholesale level and 2010 State Platform 15 Contra Costa County 2010 State Platform redeemed by the disposal site when the used tires are brought to the site. The party bringing the tires to the disposal site would also receive a portion of the fee. Indian Gaming Issues Contra Costa County is currently home to the Lytton Band of the Pomo Indians’ Casino in San Pablo, a Class II gaming facility. There are also proposals for two additional casinos in West County: one in North Richmond and the other in Point Molate. Local governments have limited authority in determining whether or not such facilities should be sited in their jurisdiction; the terms and conditions under which the facilities will operate; and what, if any, mitigation will be paid to offset the cost of increased services and lost revenues. Contra Costa County has been active in working with CSAC and others to address these issues, as well as the need for funding for participation in the federal and state review processes and for mitigation for the existing Class II casino. 87. SUPPORT efforts to ensure that counties who have existing or proposed Class II Indian gaming facilities receive the Special Distribution Funds. 88. CONSIDER, on a case by case basis, whether or not to SUPPORT or OPPOSE Indian gaming facilities in Contra Costa County, and only SUPPORT facilities that are unique in nature and can demonstrate significant community benefits above and beyond the costs associated with mitigating community impacts. 89. OPPOSE the expansion or approval of Class III gaming machines at the existing gaming facility in Contra Costa County unless it can be demonstrated that there would be significant community benefits above and beyond the costs associated with mitigating community impacts. 90. SUPPORT State authority to tighten up the definition of a Class II machine. 91. SUPPORT State legislative and administration actions consistent with the CSAC policy documents on development on Indian Lands and Compact negotiations for Indian gaming. Land Use/Community Issues 92. SUPPORT efforts to promote economic incentives for "smart growth," including in-fill and transit oriented development. Balancing the need for housing and economic growth with the urban limit line requirements of Measure J (2004) will rely on maximum utilization of “smart growth” principles. 93. SUPPORT efforts to increase the supply of affordable housing, including, but not limited to, state issuance of private activity bonds, affordable and low income housing bond measures, low-income housing tax credits and state infrastructure financing. This position supports Goals 2, 3 and 4 of the County General Plan Housing Element. 2010 State Platform 16 Contra Costa County 2010 State Platform 94. SUPPORT efforts to obtain a CEQA exemption for affordable housing lending undertaken by a city or county housing and community development or housing finance agency to provide financial assistance or insurance for the development and construction of affordable housing. CEQA exempts specified projects from its requirements, including an action taken by the State agencies to provide financial assistance or insurance for the development and construction of affordable housing if the project for financial assistance or insurance will be reviewed pursuant to CEQA by another public agency (Section 21080.10(b) of the California Public Resources Code). The exemption for State agencies engaged in affordable housing lending was adopted in 1980, before localities had a significant role in affordable housing lending. Today, localities are a major provider of affordable housing assistance, whereas the State role has diminished. Local agencies should not be treated differently from State agencies with respect to CEQA requirements and exemptions. Moreover, without this exemption, affordable housing projects not otherwise exempt by virtue of “by right” provisions in State law could be subject to “double jeopardy,” whereby they would be subject to CEQA during entitlements and subject to CEQA during financing. AB 2518 (Houston) in 2006 was a Contra Costa County-sponsored bill to accomplish this, but it was not successful in the Legislature. 95. SUPPORT efforts to obtain a CEQA exemption for infill development in unincorporated areas. Section 15332 of the CEQA Guidelines is a Categorical Exemption for infill development projects but only within cities. The exemption should also include urbanized unincorporated areas. The proposal would affect the County’s affordable housing, revitalization, and redevelopment programs in all unincorporated urbanized areas of the County. Without the exemption, housing projects in the unincorporated areas are subject to a more time- consuming and costly process in order to comply with the CEQA guidelines than that which is required of cities, despite having similar housing obligations. 96. SUPPORT efforts to amend Section 65915 of the Government Code (amended in 2004 by SB 1818 - Hollingsworth) so that state law enhances rather than inhibits local efforts to increase the supply of affordable housing. The provisions of law regarding density bonuses and inducements to them should be clarified and simplified in order to encourage this avenue for affordable housing production. 97. SUPPORT efforts to reform state housing element law to promote the actual production and preservation of affordable housing and to focus less on process and paper compliance. 98. OPPOSE efforts to limit the County’s ability to exercise local land use authority. 2010 State Platform 17 Contra Costa County 2010 State Platform 99. SUPPORT increased flexibility in the use of Redevelopment set-aside funds for low and moderate income housing. Such flexibility would encourage creative use of these funds, resulting in higher overall production of units. 100. SUPPORT efforts to reduce the fiscalization of land use decision-making by local government, which favors retail uses over other job-creating uses and housing. Reducing incentives for inappropriate land use decisions, particularly those that negatively affect neighboring jurisdictions, could result in more rational and harmonious land use. 101. SUPPORT efforts to identify funding mechanisms and require producer responsibility for recycling wastes banned from landfills (including universal wastes such as electronic waste and mercury containing items). Some means of disposal is required for these items once their useful economic life has ended. By creating a universal method of disposal, all Californians will be treated equally. 102. SUPPORT allocations, appropriations, regulations, and rule making processes related to the expenditure of Proposition 84 funds that provide a fair share of funding to Contra Costa County for the water, park, and resource conservation projects funded by the Proposition, including but not limited to a per capita apportionment of funds for local parks that does not differentiate between residents of unincorporated and incorporated areas as well as funding for land acquisition and restoration under Natural Community Conservation Plans, such as the plan being developed for East County. In the past, the residents of unincorporated Contra Costa County have not received their fair share of local park funds due to an inequitable allocation process. This policy would address that inequity. In addition, funding is needed to support the East Contra Costa County Natural Community Conservation Plan. Law and Justice System Issues 103. SUPPORT legislation that seeks to curb metal theft by making it easier for law enforcement agencies to track stolen metals sold to scrap dealers through such means as requiring identification from customers selling commonly stolen metals, banning cash transactions over a certain amount, and requiring scrap dealers to hold materials they buy for a certain period of time before melting them down or reselling them. 104. SUPPORT full funding of the state Juvenile Probation and Camps Funding (JPCF). In FY 2004-05, the State eliminated Probation’s allocation of federal Temporary Assistance to Needy Families (TANF) funds and backfilled them with state General Funds. At risk is approximately $5.2 million of revenue that supports the Orin Allen Youth Rehabilitation Facility, Home Supervision and Juvenile Electronic Monitoring Program, and the Juvenile Community Service program (weekend work). 2010 State Platform 18 Contra Costa County 2010 State Platform 105. SUPPORT Adult Probation Funding that would provide state funding for adult probation services to enhance public safety and provide realistic opportunities for the rehabilitation of probationers. Implementing evidence-based practices can potentially reduce the prison-bound probation population by between 10 and 30 percent. Intervening with this population of prison-bound probationers to increase supervision and treatment services can have a significant impact on prison admissions and help to reduce prison overcrowding in California. 106. SUPPORT legislation that provides a practical and efficient solution to addressing the problem of abandoned and trespassing vessels and ground tackle in an administrative process that allows the California State Lands Commission to both remove and dispose of such vessels and unpermitted ground tackle. Boat owners in increasing numbers are abandoning both recreational and commercial vessels in areas within the Commission’s jurisdiction. Our state waterways are becoming clogged with hulks that break up, leak, sink and add pollutants to our waterways and marine habitat. Levee Issues, Sacramento-San Joaquin Delta Issues The Delta Water Platform was developed in mid-2008 to consolidate and organize the many County policies and positions into one document that could be utilized to guide actions and advocacy to promote a healthy Sacramento-San Joaquin Delta. The Delta Water Platform is comprised of fourteen subject areas. Each of these subject categories contains relevant policies and background explanatory language. Each subject category is summarized below. The policies and background information can be found in the Delta Water Platform, which is included in this document by reference: Short Term Actions to be implemented immediately: Includes a broad range of specific, relatively non-controversial actions to quickly improve the state of the Delta, such as improvements to levees, the fishery, habitat and emergency response. Conveyance: Through-Delta and Isolated Conveyance: Consideration of isolated conveyance must protect and improve the Delta and the entire Bay-Delta ecosystem, include the broadest range of non-biased scientific analysis of impacts, include levee repair and all costs of a facility must be paid by beneficiaries. Water Storage: Multi-purpose storage facilities are recommended and groundwater storage preferred to surface storage options. Detailed groundwater studies are recommended. The Delta Ecosystem: Protection and restoration of an ailing Delta ecosystem has long been a priority of the Board of Supervisors, including need for additional scientific research to address fundamental questions, fishery and habitat restoration projects. 2010 State Platform 19 Contra Costa County 2010 State Platform Water Conservation: Landscape and household conservation, maximizing use of reclaimed wastewater, use of meters, and agricultural water conservation are recommended. Governance: A new or improved system of oversight related to ecosystem and water management is necessary. The existing Delta Protection Commission land use governance structure has been successful, requiring no further action. Local Government representation in any governance structure is paramount. Levee Restoration: Advocacy for immediate and significant (multi-year) funding and levee repair is a priority, including upgrades to minimum (PL 84 99) standards for all levees, and a higher, 200-year level of protection for communities protected by levees. Stockpiling rock in the Delta specifically for levee repair and continuance of the Long Term Management Strategy (LTMS) are highly recommended. Water Quality, Water Quality and Delta Outflow: Protection and improvement of water quality, quantity and outflow, determination and assurance of adequate water for the delta ecosystem and examination of the State and Federal project operations (including potential for reduced exports) are recommended here. Flood Protection/Floodplain Management: Comprehensive flood management planning throughout the Delta and its watersheds, as well as funding to bring flood facilities to 200-year levels and revenue generation for flood control districts continue to be of import. Water Rights and Legislative Protections: Existing area-of-origin and other water rights protections established for the Delta should be preserved. Regional Self-Sufficiency: All export regions should be implementing all water supply options available to them to reduce stress on the Delta as a limited resource. Emergency Response: Collaborative efforts among the Delta counties to improve emergency response in the region have been productive and are continuing. San Luis Drain/Grasslands Bypass: Long-standing opposition to selenium discharges from this project entering the Delta and support of in-valley treatment solutions are ongoing. Continued reduction in drainage from the Grasslands Bypass project is also monitored. Climate Change: Impacts of climate change must be considered in planning, engineering and construction activities. 107. ADVOCATE for administrative and legislative action to provide significant funding for rehabilitation of levees in the western and central Delta. Proposition 1E, passed in November 2006, provides for $3 billion for levees, primarily those in the Central Valley Flood Control Program. Language is included in the bond for 2010 State Platform 20 Contra Costa County 2010 State Platform other Delta levees, but funding is not specifically directed. The County will work on a coalition basis to actively advocate for $1 billion in funding through this bond. 108. ADVOCATE for legislation dealing with the Delta, including levees and levee programs, level and type of flood protection, beneficiary-pays programs, flood insurance, liability and other levee/land use issues. 109. SUPPORT legislation/regulation requiring Reclamation Districts to develop, publish, and maintain hazard emergency plans for their districts. Emergency response plans are critical to emergency management, particularly in an area or situation like the Delta where a levee break could trigger other emergencies. This legislation/regulation should also include the requirement for plan review and annual distribution of the plan to the residents of the district, County Office of Emergency Services and other government agencies that have emergency response interests within the district. Library Issues 110. SUPPORT State financial assistance in the operation of public libraries, including full funding of the Public Library Fund (PLF) and the Direct/Interlibrary Loan (Transaction Based Reimbursement) program. The Contra Costa Library has lost over $1 million in PLF funds annually in the last 5 years. 111. SUPPORT State bonds for public library construction. The 2000 library construction bond provided funding for two libraries in Contra Costa County. There is currently a need of approximately $289,000,000 for public library construction, expansion and renovation in Contra Costa County. 112. SUPPORT continued funding for the California Library Literacy and English Acquisition Services Program, which provides matching funds for public library adult literacy programs that offer free, confidential, one-on-one basic literacy instruction to English-speaking adults who want to improve their reading, writing, and spelling skills. Telecommunications Issues 113. SUPPORT clean-up legislation on AB 2987 that provides for local emergency notifications similar to provisions in cable franchises for the last 20 years. Currently our franchises require the cable systems to carry emergency messages in the event of local emergencies. With the occurrence of several local refinery incidents, this service is critical for Contra Costa. Under federal law, Emergency Alert System requirements leave broad discretion to broadcasters to decide when and what information to broadcast, emergency management offices to communicate with the public in times of emergencies. 2010 State Platform 21 Contra Costa County 2010 State Platform 114. SUPPORT preservation of local government ownership and control of the local public rights-of-way. Currently, local government has authority over the time, place, and manner in which infrastructure is placed in their rights-of-way. The California Public Utilities Commission is considering rulemaking that would give them jurisdiction to decide issues between local government and telecommunication providers. Transportation Issues 115. SUPPORT increased transportation funding and protection of current transportation funding sources. While County voters’ extension of Measure J and the transportation infrastructure bond measure of November 2006 have increased the funds available for transportation, additional funds are needed to complete the funding for major transportation projects such as Vasco Road improvements. Funds also are needed to meet a growing number of unfunded state and federal mandates such as the Americans with Disabilities Act and stormwater and habitat preservation requirements. The County supports creation of new transportation funding sources provided that the new source does not shift revenue away from the State’s General Fund. The County also supports an amendment to the Subdivision Map Act to allow the use of off-site transportation impact fees to fund pedestrian, bicycle transit and traffic calming facilities necessitated by new development. Senator DeSaulnier introduced such a bill in 2008 but dropped it due to opposition from the building industry. The County will request the bill be reintroduced in the 2010 session, as it would provide more flexibility in how we can use an existing transportation funding source. The County also will monitor proposed greenhouse gas reduction legislation known as “cap and trade” to determine whether such legislation could result in transportation revenue for local jurisdictions. 116. SUPPORT regional coordination that provides for local input in addressing transportation needs. Coordinated planning and delivery of public transit, paratransit, and rail services will help ensure the best possible service delivery to the public. Regional coordination also will be needed to effectively deal with the traffic impacts of Indian gaming casinos such as those in West County. Regional coordination also will be essential to complete planning and development of important regional transportation projects such as State Route 239, improvements to Vasco Road, completion of remaining segments of the Bay Trail, improvements to the Delta DeAnza Regional Trail, and the proposed California Delta Trail. There may be interest in seeking enhanced local input requirements for developing the sustainable communities strategy for the Bay Region mandated by SB 375 for greenhouse gas reduction. It is important that the regional coordination efforts are based on input gathered from the local level, to ensure the regional approach does not negatively impact local communities. “Top-down” regional planning efforts would be inconsistent with this goal. 2010 State Platform 22 Contra Costa County 2010 State Platform 117. SUPPORT efforts to improve safety throughout the transportation system. The County supports new and expanded projects and programs to improve safety for bicyclists, pedestrians and wheelchair users, as well as projects to improve safety on high-accident transportation facilities such as Vasco Road. Data on transportation safety would be improved by including global positioning system (GPS) location data for every reported accident to assist in safety analysis and planning. The County also supports school safety improvement programs such as crossing guards, Safe Routes to Schools (SR2S) grants, efforts to improve the safety and security of freight transportation system including public and private maritime ports, airports, rail yards, railroad lines and sidings. The County also supports limits or elimination of public liability for installing traffic-calming devices on residential neighborhood streets. Realistic deadlines for use of federal transportation funds would help local jurisdictions deliver complex projects without running afoul of federal time limits which are unrealistically tight for complex projects. 118. SUPPORT funding or incentives for the use of renewable resources in transportation construction projects. The County seeks and supports grant programs, tax credits for manufacturers, state purchasing programs, and other incentives for local jurisdictions to use environmentally friendly materials such as the rubberized asphalt (made from recycled tires) that the County has used as paving material on San Pablo Dam Road and Pacheco Boulevard. 119. SUPPORT streamlining the delivery of transportation safety projects. The length of time and amount of paperwork should be reduced to bring a transportation safety project more quickly through the planning, engineering and design, environmental review, funding application, and construction phases, such as for Vasco Road. This could include streamlining the environmental review process and also streamlining all state permitting requirements that pertain to transportation projects. 120. SUPPORT efforts to coordinate development of state-funded facilities such as courts, schools, jails and state offices with local planning. The County supports coordinating planning between school districts and local jurisdictions in locating and planning new schools and funding programs that foster collaboration to help finance off-site transportation improvements for access to schools. 121. SUPPORT regional aviation transportation planning efforts for coordinated aviation network planning to improve service delivery. Regional aviation coordination could also improve the surrounding surface transportation system by providing expanded local options for people and goods movement. 122. SUPPORT efforts to increase waterborne transport of goods, and obtaining funds to support this effort. The San Francisco to Stockton Ship Channel is a major transportation route for the region, providing water access to a large number of industries and the Ports of Sacramento and Stockton. A project is underway to 2010 State Platform 23 Contra Costa County 2010 State Platform 2010 State Platform 24 deepen the channel, providing additional capacity to accommodate increasing commerce needs of the Ports and providing better operational flexibility for the other industries. Increased goods movement via waterways has clear benefits to congestion management on highways and railroads (with resultant air quality benefits). Transportation Legislation of Interest to Contra Costa County in 2009 Bill & Sponsor Summary Board Position Others’ Positions* Status AB 166 Lieu Increases minimum fines for abandoning a vessel in a public waterway, and allows the fines to be used for removal of the vessels (see also SB 459). Support CSAC: Watch LCC: Watch Signed into law AB 744 Torrico Authorizes MTC to create a network of “express lanes” without defining the term and allows MTC to determine what types of vehicles could use the express lanes (existing HOV lanes would become part of the new express lane network). The bill is intended by MTC to create a network of high occupancy/toll (“HOT”) lanes. Bill includes amendments supported by Board of Supervisors. Support if amended; otherwise oppose CCTA: Support if amended; otherwise oppose CSAC: Watch LCC: Watch MTC: Support Failed to pass Assembly committee Now a 2-year bill AB 1175 Torlakson Adds the Antioch and Dumbarton Bridges to the seismic improvement program of MTC, allows MTC to vary the tolls on each bridge, and enables MTC to place a regional bridge-toll increase on the ballot by asking county boards of supervisors to do so. CSAC: No interest LCC: Watch Signed into law AB 1409 Perez Places limits on counties’ ability to use their own work crews or day labor on roadway projects, requiring all projects to be first put out to competitive bid. The author has made amendments addressing most, but not all, of counties’ concerns. CSAC intends to work with the author to arrive at a compromise bill in the 2010 legislative year. Oppose CSAC: Oppose RCRC: Oppose Failed to pass Senate committees Now a 2-year bill ACA 9 Huffman Reduces the voter-approval requirement to 55 percent for general obligation bonds and special taxes for public facilities, including transportation and water infrastructure (state law currently requires a two-thirds voter approval, with 55 percent required only for school-related taxes). CSAC: Support CTA: Support LCC: Support MTC: Support and seek amendments Passed Assembly Appropriations Committee To Assembly floor SB 65 Senate Budget Committee Provides “clean-up” language for numerous state budget provisions, including a schedule for state payment of transportation funds that are being held back from the usual monthly distribution cities and counties. CSAC is lobbying the Senate to reconvene to consider the bill. CSAC: Support Signed into law SB 205 Hancock Authorizes countywide transportation agencies (such as the Contra Costa Transportation Authority) to impose annual fees of up to $10 on vehicle registration, to fund transportation and air quality projects that are consistent with MTC’s Regional Transportation Plan, subject to voter approval. Sponsored by the Alameda County Congestion Management Agency. CSAC: Watch LCC: Watch MTC: Support Assembly Appropriations Committee Bill & Sponsor Summary Board Position Others’ Positions* Status SB 406 DeSaulnier Requires the Governor’s Planning Advisory and Assistance Council to monitor implementation of SB 375, and authorizes regional agencies to impose a $2 vehicle registration fee to finance regional “blueprint” planning. Some of the funds may be distributed as grants to cities and counties for regional blueprint implementation. ABAG: Support CSAC: Watch LCC: Watch MTC: Support and seek amendments Vetoed SB 459 Wolk Strengthens the State Lands Commission’s ability to remove abandoned vessels in waters under its jurisdiction, including the removal of hazardous vessels immediately and without notice (see also AB 166). CSAC: Watch LCC: Watch Vetoed HR 1618 McGovern Keeps the current 80,000-pound limit on trucks using the Interstate Highway System and extends the limit to all roadways on the National Highway System (in Contra Costa, the limit would apply to I-80, I-580, I- 680, SR 24, SR 160, and the freeway portion of SR 4). Support CSAC: Support House Committee on Transportation & Infrastructure (Subcommittee on Highways and Transit) Acronyms Agencies ABAG = Association of Bay Area Governments BAAQMD = Bay Area Air Quality Management District BOS = Board of Supervisors of Contra Costa County CCTA= Contra Costa Transportation Authority CRA = California Redevelopment Association CSAC = California State Association of Counties CTA = California Transit Association LCC = League of California Cities MTC = Metropolitan Transportation Commission RCRC = Regional Council of Rural Counties TWIC= Transportation, Water and Infrastructure Committee 1 CONTRA COSTA COUNTY FINAL ACTION OF 2009 LEGISLATION SPONSOR CA SB 686 AUTHOR: DeSaulnier (D) TITLE: Environment: CEQA Exemption INTRODUCED: 02/27/2009 DISPOSITION: Pending LOCATION: Assembly Natural Resources Committee SUMMARY: Makes a technical nonsubstantive changes to a provision of the Environmental Quality Act. Exempts from the provisions of the Acts regarding the addition or deletion of a class of projects. This bill would have been the vehicle to permit certain county redevelopment projects for low income housing to be exempt from certain CEQA requirements to the same degree as cities. Unfortunately, we were unable to overcome opposition from some of the environmental community and the bill was held in the Assembly. It will be necessary to meet with opponents to secure a compromise if the bill is to move forward. STATUS: 05/12/2009 To ASSEMBLY Committee on NATURAL RESOURCES. Commentary: CCCo - Sponsor SUPPORT CA AB 166 AUTHOR: Lieu (D) TITLE: Vessels INTRODUCED: 01/28/2009 LAST AMEND: 09/02/2009 ENACTED: 10/11/2009 DISPOSITION: Enacted LOCATION: Chaptered CHAPTER: 416 SUMMARY: Increases the minimum fine for a person to abandon a vessel upon a public waterway or public or private property without the express or implied consent of the owner or person in lawful possession or control. Allows the moneys in the Abandoned Watercraft Abatement Fund to be used for the abatement and removal of such vessels. Prohibits the state from assuming liability resulting from the processing or disposal of a surrendered vessel. Requires a report regarding the number of vessels and costs. STATUS: 10/11/2009 Signed by GOVERNOR. 2 10/11/2009 Chaptered by Secretary of State. Chapter No. 416 Commentary: CCCo - Support (Bd Position) (Also support appropriation of $1 million annually to the Abandoned Watercraft Abatement Fund in the State budget) CA AB 286 AUTHOR: Salas (D) TITLE: Vehicles: Additional Registration Fees INTRODUCED: 02/13/2009 LAST AMEND: 06/23/2009 ENACTED: 10/11/2009 DISPOSITION: Enacted LOCATION: Chaptered CHAPTER: 230 SUMMARY: Amends existing law that imposes, as a county option with certain exceptions, an additional fee and an additional service fee on all commercial motor vehicles, and continuously appropriates the money to fund local programs relating to vehicle theft crimes to extend the fee and continuous appropriation. Requires a related year-end report by each participating county to the Controller to include specified funding related information. STATUS: 10/11/2009 Signed by GOVERNOR. 10/11/2009 Chaptered by Secretary of State. Chapter No. 230 Commentary: CCCo - Support (Bd position) CA AB 1383 AUTHOR: Jones (D) TITLE: Medi-Cal: Hospital Payments: Quality Assurance Fees INTRODUCED: 02/27/2009 LAST AMEND: 09/12/2009 ENACTED: 10/11/2009 DISPOSITION: Enacted LOCATION: Chaptered CHAPTER: 627 SUMMARY: Requires the Department of Health Care Services to make supplemental payments for certain services to private and public hospitals. Requires the department to make enhanced payments to managed health care plans and mental health plans from the quality assurance fee. Provides for the imposition, as a condition of participation in state-funded health insurance programs, of a quality assurance fee on general acute care hospitals. Provides for fee approval. Creates the Hospital Quality Assurance Revenue Fund. STATUS: 10/11/2009 Signed by GOVERNOR. 10/11/2009 Chaptered by Secretary of State. Chapter No. 627 3 Commentary: CCCo - Support (Bd letter to Gov) CA AB 1422 AUTHOR: Bass (D) TITLE: State Children and Families Act of 1998 INTRODUCED: 02/27/2009 LAST AMEND: 08/25/2009 ENACTED: 09/22/2009 DISPOSITION: Enacted LOCATION: Chaptered CHAPTER: 157 SUMMARY: Imposes a tax on the total operating revenue of a Medi-Cal managed care plan with proceeds to the Department of Health Care Services for the Medi-Cal and Healthy Families programs. Increases the amounts to be paid for family contributions under the Health Families Program. Requires the funds not needed under the Children and Families Program may be transferred to an unallocated account for expenditures by the Children and Families Commission. STATUS: 09/22/2009 Signed by GOVERNOR. 09/22/2009 Chaptered by Secretary of State. Chapter No. 157 Commentary: CCCo - Support (Bd Position) CA SB 65 AUTHOR: Budget and Fiscal Review Cmt TITLE: State Finances INTRODUCED: 01/20/2009 LAST AMEND: 09/04/2009 ENACTED: 10/19/2009 DISPOSITION: Enacted LOCATION: Chaptered CHAPTER: 633 SUMMARY: Relates to funds necessary to pay state bond obligations, including principal, interest, fees, costs, indemnities, and other amounts incurred by the state under a credit enhancement or liquidity agreement. Increases the percentage by which those expenses are calculated. Decreases the amount of funding the Director of Finance is permitted to defer from payment to the University of California, the State University and community colleges. Defers payments of fuel excise tax revenues to cities or counties. STATUS: 10/19/2009 Signed by GOVERNOR. 10/19/2009 Chaptered by Secretary of State. Chapter No. 633 Commentary: CCCo - Bd letter urging Gov to reconvene Legislature & approve budget cleanup measure 4 CA SB 67 AUTHOR: Budget and Fiscal Review Cmt TITLE: Property Tax Revenues: Proposition 1A Receivables INTRODUCED: 01/20/2009 LAST AMEND: 09/04/2009 ENACTED: 10/19/2009 DISPOSITION: Enacted LOCATION: Chaptered CHAPTER: 634 SUMMARY: Amends the The Marks-Roos Local Bond Pooling Act. Redefines the term authority in the case of an authority issuing bonds in which Proposition 1A receivables are pledged to the payment of the bonds, to require it to consist of not less than 250 local agencies. Requires a county auditor to prepare a list of each taxing agency within the county and the amount of the Proposition 1A receivables. Revises provisions regarding the sale of bonds for which the indebtedness is serviced by Proposition 1A receivables. STATUS: 10/19/2009 Signed by GOVERNOR. 10/19/2009 Chaptered by Secretary of State. Chapter No. 634 Commentary: CCCo - Bd letter urging Gov to reconvene Legislature & approve budget cleanup measure CA SB 676 AUTHOR: Wolk (D) TITLE: Local Fees INTRODUCED: 02/27/2009 LAST AMEND: 09/04/2009 ENACTED: 10/11/2009 DISPOSITION: Enacted LOCATION: Chaptered CHAPTER: 606 SUMMARY: Increases the fee that may be charged by a county recorder acting as a filing officer for purposes of the Uniform Federal Lien Registration Act. Increase the fees a county recorder may charge, the maximum registration fee for a defendant represented by appointed counsel, administrative costs of collection, for supporting a minor while in an institution and for sealing a juvenile record. Increases fees to process payments. STATUS: 10/11/2009 Signed by GOVERNOR. 10/11/2009 Chaptered by Secretary of State. Chapter No. 606 Commentary: CCCo - Support (Bd Position) CA SCA 18 AUTHOR: Liu (D) 5 TITLE: Local Government: Property-Related Fees. INTRODUCED: 03/10/2009 DISPOSITION: Pending FILE: 80 LOCATION: Senate Third Reading File SUMMARY: Proposes an amendment to the Constitution to exclude fees and charges for stormwater and urban runoff management from voter approval requirements for the imposition or increase of a property-related fee or charge by a local government. STATUS: 06/17/2009 In SENATE. Read second time. To third reading. Commentary: CCCo - Support (Bd Position) OPPOSE None WATCH CA AB 9 AUTHOR: Perez J (D) TITLE: Political Reform Act of 1974: Expenditures INTRODUCED: 12/01/2008 LAST AMEND: 06/24/2009 ENACTED: 10/11/2009 DISPOSITION: Enacted LOCATION: Chaptered CHAPTER: 363 SUMMARY: Relates to the Political Reform Act of 1974. Provides that a contribution includes the payment of public moneys by a state or local government agency for communication to the public which expressly advocates the election or defeat of a clearly identified candidate or the qualification, passage, or defeat of a clearly identified measure, or urges a particular result in an election. Provides that an independent expenditure include the payment of public moneys by a state or local government agency. STATUS: 10/11/2009 Signed by GOVERNOR. 10/11/2009 Chaptered by Secretary of State. Chapter No. 363 Commentary: CCCo – Watch CA AB 143 AUTHOR: Jeffries (R) TITLE: Property Taxation: Replicated Tax Payments: Return 6 INTRODUCED: 01/22/2009 LAST AMEND: 06/24/2009 ENACTED: 08/05/2009 DISPOSITION: Enacted LOCATION: Chaptered CHAPTER: 85 SUMMARY: Authorizes an owner of record to instruct a property tax collector, by written request, to refund a replicated payment on a current assessment to the tendering party who is not an owner of record, if that tendering party is known at the time the request is made by the owner of record. STATUS: 08/06/2009 Chaptered by Secretary of State. Chapter No. 85 Commentary: CCCo - Watch - Primary purpose to ward off attempts of adverse possession of property w/o the knowledge/consent of owner. CA AB 262 AUTHOR: Bass (D) TITLE: American Recovery and Reinvestment Plan: Energy INTRODUCED: 02/11/2009 LAST AMEND: 09/01/2009 ENACTED: 10/11/2009 DISPOSITION: Enacted LOCATION: Chaptered CHAPTER: 227 SUMMARY: Requires that any moneys received by the state pursuant to the federal American Recovery and Reinvestment Act of 2009 that are directed for energy-related activities, programs, or projects, be administered by the state's energy and water agencies, and to adhere to the principle of accountability while also adhering to existing state policies to promote energy efficiency, water conservation, renewable energy and green job training. Appropriates funds under the Act for these provisions. STATUS: 10/11/2009 Signed by GOVERNOR. 10/11/2009 Chaptered by Secretary of State. Chapter No. 227 Commentary: CCCo Water Bills – Watch CA AB 474 AUTHOR: Blumenfield (D) TITLE: Water Efficiency Improvements INTRODUCED: 02/24/2009 LAST AMEND: 09/04/2009 ENACTED: 10/11/2009 DISPOSITION: Enacted LOCATION: Chaptered CHAPTER: 444 7 SUMMARY: Authorizes the legislative body of any public agency to designate an area within which authorized city officials and free and willing property owners may enter into contractual assessments to finance the installation of water efficiency improvements that are permanently fixed to real property. Requires the body to perform additional record keeping duties. Requires specified notice to any entity providing water or energy within the boundaries of the proposed area. STATUS: 10/11/2009 Signed by GOVERNOR. 10/11/2009 Chaptered by Secretary of State. Chapter No. 444 Commentary: CCCo Water Bills - Watch CA AB 567 AUTHOR: Villines (R) TITLE: Government Practices INTRODUCED: 02/25/2009 LAST AMEND: 09/02/2009 ENACTED: 10/11/2009 DISPOSITION: Enacted LOCATION: Chaptered CHAPTER: 452 SUMMARY: Revises the authority of the Bureau of State Audits to specifically perform investigations and deletes the reference to investigative audits. Amends the Whistleblower Protection Act to add an individual appointed by the Legislature who is not an employee of the Legislature to the list of state employees covered by the act. Includes former employees. Updates improper government activity and protected disclosure provisions. STATUS: 10/11/2009 Signed by GOVERNOR. 10/11/2009 Chaptered by Secretary of State. Chapter No. 452 Commentary: CCCo – Watch CA AB 720 AUTHOR: Caballero (D) TITLE: Land Use: Housing Element INTRODUCED: 02/26/2009 LAST AMEND: 07/14/2009 ENACTED: 10/11/2009 DISPOSITION: Enacted LOCATION: Chaptered CHAPTER: 467 SUMMARY: Relates to the planning and zoning law and units that are rehabilitated with committed assistance that are to be included in the housing element program. Authorizes a city or 8 county to include weatherization and energy efficiency improvements as part of its efforts to substantially rehabilitate a unit. Modifies the definition of committed assistance. Authorizes the planning agency to include in its annual report the number of units that have been substantially rehabilitated, converted, and preserved. STATUS: 10/11/2009 Signed by GOVERNOR. 10/11/2009 Chaptered by Secretary of State. Chapter No. 467 Commentary: CCCo – Watch CA AB 1061 AUTHOR: Lieu (D) TITLE: Common Interest Developments: Water-Efficient Landscape INTRODUCED: 02/27/2009 LAST AMEND: 08/17/2009 ENACTED: 10/11/2009 DISPOSITION: Enacted LOCATION: Chaptered CHAPTER: 503 SUMMARY: Provides that a provision of any of the governing documents of a common interest development shall be void and unenforceable if it prohibits, or includes conditions that have the effect of prohibiting, the use of low water-using plants as a group, or if it has the effect of prohibiting or restricting compliance with a local water efficient landscape ordinance or water conservation measure. STATUS: 10/11/2009 Signed by GOVERNOR. 10/11/2009 Chaptered by Secretary of State. Chapter No. 503 Commentary: CCCo Water Bills – Watch CA AB 1165 AUTHOR: Yamada (D) TITLE: Flood Protection INTRODUCED: 02/27/2009 LAST AMEND: 08/17/2009 ENACTED: 10/11/2009 DISPOSITION: Enacted LOCATION: Chaptered CHAPTER: 275 SUMMARY: Revises provisions of existing law relating to the Central Valley Flood Protection Board. Relates to the board's monitoring of progress on a flood protection system, the number of board members that makes a quorum, ex parte communications with other persons or organizations, hearings on permits that may affect the State Plan of Flood Control, 9 and the removal or modification of an encroachment on levees, channel, or other flood control works, and specified watershed flood control financial assistance. STATUS: 10/11/2009 Signed by GOVERNOR. 10/11/2009 Chaptered by Secretary of State. Chapter No. 275 Commentary: CCCo Water Bills – Watch CA AB 1242 AUTHOR: Ruskin (D) TITLE: State Water Policy INTRODUCED: 02/27/2009 LAST AMEND: 09/04/2009 VETOED: 10/11/2009 DISPOSITION: Vetoed LOCATION: Vetoed SUMMARY: Declares that it is the established policy of the state that every human being has the right to clean, affordable, and accessible water for human consumption, cooking, and sanitary purposes, that is adequate for the health and well-being of the individual and family. Requires agencies, including the Department of Water Resources, the State Water Resources Control Board, and the State Department of Public Health to revise, adopt, or establish policies, regulations, and grant criteria to further this policy. STATUS: 10/11/2009 Vetoed by GOVERNOR. Commentary: CCCo Water Bills – Watch CA AB 1438 AUTHOR: Conway (R) TITLE: Safe Drinking Water State Revolving Fund INTRODUCED: 02/27/2009 LAST AMEND: 09/02/2009 ENACTED: 10/11/2009 DISPOSITION: Enacted LOCATION: Chaptered CHAPTER: 531 SUMMARY: Allows the Department of Public Health to establish a wellhead protection account within the Safe Drinking Water State Revolving Fund. Revises the maximum grant amount for each participating public water system's share of the costs for the planning, engineering studies, environmental documentation, design, or construction of a single project. Includes fire flow as part of the water demand in the definition of reasonable amount of growth to serve the water demand. STATUS: 10 10/11/2009 Signed by GOVERNOR. 10/11/2009 Chaptered by Secretary of State. Chapter No. 531 Commentary: CCCo Water Bills - Watch CA SB 113 AUTHOR: Local Government Cmt TITLE: Local Government Omnibus Act of 2009 INTRODUCED: 01/29/2009 LAST AMEND: 06/25/2009 ENACTED: 10/11/2009 DISPOSITION: Enacted LOCATION: Chaptered CHAPTER: 332 SUMMARY: Implements the County Budget Act. Relates to school facilities improvement districts, county law libraries, court fees, public contracting, county budgets, property tax reduction funds, county accounting procedures, city council member compensation, public fund deposits, community service districts, special district taxes, the Subdivision Map Act, biogas projects, public cemeteries, birth certificates, public health, veterans homes, parks, road maintenance, submerged lands, and water supplies. STATUS: 10/11/2009 Signed by GOVERNOR. 10/11/2009 Chaptered by Secretary of State. Chapter No. 332 NOTES: Clarifies 1911 Act Dredging Authority Commentary: CCCo - Watch CA SB 283 AUTHOR: DeSaulnier (D) TITLE: Department of Water Resources: Recycled Water Systems INTRODUCED: 02/24/2009 LAST AMEND: 05/12/2009 ENACTED: 10/11/2009 DISPOSITION: Enacted LOCATION: Chaptered CHAPTER: 178 SUMMARY: Revises the date that the Department of Water Resources is required to adopt and submit regulations to establish a state version of a specified appendix of the Uniform Plumbing Code to provide design standards to safely plumb buildings with both potable and recycled water systems to the State Building Standards Commission. Requires the department to review and update the regulations. STATUS: 10/11/2009 Signed by GOVERNOR. 10/11/2009 Chaptered by Secretary of State. Chapter No. 178 11 Commentary: CCCo Water Bills – Watch CA SB 406 AUTHOR: DeSaulnier (D) TITLE: Land Use: Environmental Quality INTRODUCED: 02/26/2009 LAST AMEND: 09/04/2009 VETOED: 10/11/2009 DISPOSITION: Vetoed FILE: 60 LOCATION: Senate Governor's Vetoes SUMMARY: Changes the membership of the Planning Advisory and Assistance Council. Requires the council to work with other entities to facilitate the implementation of regional blueprint plans and to develop recommendations regarding plans, growth, and infrastructure funding. Modifies provisions authorizing air quality management districts and other entities to levy motor vehicle registration fees. Provides that certain revenues shall be used for land use plans to reduce the use of motor vehicles. STATUS: 10/11/2009 Vetoed by GOVERNOR. Commentary: CCCo – Watch CA SB 407 AUTHOR: Padilla (D) TITLE: Property Transfers: Plumbing Fixtures Replacement INTRODUCED: 02/26/2009 LAST AMEND: 09/04/2009 ENACTED: 10/11/2009 DISPOSITION: Enacted LOCATION: Chaptered CHAPTER: 587 SUMMARY: Establishes requirements for replacing plumbing fixtures for residential and commercial real property built and available after a specified date that are not water conserving. Requires all noncompliant fixtures in multifamily and commercial property be replaced by a specified date. Requires the seller of single-family, multifamily, or commercial real property to disclose requirements for replacing such fixtures. Requires such fixtures to operate at manufacturers rating when tenant takes possession. STATUS: 10/11/2009 Signed by GOVERNOR. 10/11/2009 Chaptered by Secretary of State. Chapter No. 587 Commentary: CCCo Water Bills – Watch 12 CA SB 459 AUTHOR: Wolk (D) TITLE: Tidelands and Submerged Lands: Removal of Vessels INTRODUCED: 02/26/2009 LAST AMEND: 07/14/2009 VETOED: 10/11/2009 DISPOSITION: Vetoed FILE: 57 LOCATION: Senate Governor's Vetoes SUMMARY: Authorizes the State Lands Commission to remove watercraft left unattended and moored or beached as to obstruct traffic or create a hazard immediately and without notice. Authorizes the Commission to remove and dispose from areas under its jurisdiction watercraft that have been placed on state lands without its permission if the commission gives notice. Specifies that certain property is considered abandoned property. Requires property sale proceeds to be deposited in the General Fund. STATUS: 10/11/2009 Vetoed by GOVERNOR. Commentary: CCCo – Watch CA AB 1 g AUTHOR: Fuller (R) TITLE: Public Resources INTRODUCED: 10/26/2009 DISPOSITION: Failed LOCATION: ASSEMBLY SUMMARY: Relates to the Delta Protection Commission. Requires recommendations of the commission and changes the primary delta zone. Establishes a Delta Investment Fund for economic stability. Enacts a Sacramento-San Joaquin Delta Reform Act. Relates to the delta conservation and management plan. Requires urban water use reduction. Relates to agricultural water management. Establishes a delta stewardship council and related science board. Relates to water rights and diversions. Relates to groundwater management. STATUS: 11/04/2009 From ASSEMBLY Committee on RULES without further action. Commentary: Contra Costa Co - Watch CA SB 1 g AUTHOR: Simitian (D) TITLE: Public Resources INTRODUCED: 10/23/2009 LAST AMEND: 11/03/2009 ENACTED: 11/12/2009 DISPOSITION: Enacted 13 LOCATION: Chaptered CHAPTER: 5 SUMMARY: Relates to the Delta Protection Commission. Requires recommendations of the commission and changes the primary delta zone. Establishes a Delta Investment Fund for economic stability. Enacts a Sacramento-San Joaquin Delta Reform Act. Creates a Stewardship Council. Relates to the delta conservation and management plan. Requires the collection of watershed diversion data and the development of new flow criteria. Requires a Delta Watermaster. Appropriates funds for a fish protection demonstration program. STATUS: 11/12/2009 Signed by GOVERNOR. 11/12/2009 Chaptered by Secretary of State. Chapter No. 5 Commentary: CCCo – Watch 14 PENDING LEGISLATION In The 2010 Session SPONSOR CA SB 686 AUTHOR: DeSaulnier (D) TITLE: Environment: CEQA Exemption INTRODUCED: 02/27/2009 See Page 4 for summary SUPPORT CA AB 12 AUTHOR: Beall (D) TITLE: Fostering Connections to Success Act INTRODUCED: 12/01/2008 LAST AMEND: 04/29/2009 DISPOSITION: Pending LOCATION: Assembly Appropriations Committee SUMMARY: Relates to the licensing of foster family homes and community care facilities in which nonminor dependents of the Juvenile Court are placed, independent living settings and placement for nonminor dependents, the procedures for a nonminor dependent to remain under the court's jurisdiction, the approval of relative or nonrelative homes for placement of nonminor dependents, related long-term foster care, the repeal of the KinGAP Program, AFDC-FC benefits eligibility, and the Adoption Assistance Program. STATUS: 05/20/2009 In ASSEMBLY Committee on APPROPRIATIONS: To Suspense File. Commentary: CCCo - Support (Bd Position) CA AB 89 AUTHOR: Torlakson (D) TITLE: Taxation: Cigarettes and Other Tobacco Products INTRODUCED: 01/05/2009 DISPOSITION: Pending LOCATION: Assembly Governmental Organization Committee SUMMARY: Imposes an additional excise tax on the distribution of cigarettes, and requires a dealer or wholesaler to file a return with the State Board of Equalization showing the number of cigarettes in his or her possession 90 days after the effective date of the bill. Provides that revenues collected would be deposited in the Tobacco Excise Tax Account, and would be allocated for certain education-, health-, and child-related purposes. 15 STATUS: 03/23/2009 Withdrawn from ASSEMBLY Committee on REVENUE AND TAXATION. 03/23/2009 Re-referred to ASSEMBLY Committees on GOVERNMENTAL ORGANIZATION and REVENUE AND TAXATION. Commentary: CCCo - Support (Bd Position) CA AB 268 AUTHOR: Gaines (R) TITLE: Onsite Sewage Treatment Systems INTRODUCED: 02/11/2009 LAST AMEND: 04/13/2009 DISPOSITION: Pending LOCATION: Assembly Environmental Safety and Toxic Materials Committee SUMMARY: Repeals provisions of the Porter-Cologne Water Quality Control Act regarding regulations or standards for the permitting and operation of specified onsite sewage treatment systems. STATUS: 04/14/2009 In ASSEMBLY Committee on ENVIRONMENTAL SAFETY AND TOXIC MATERIALS: Failed passage. 04/14/2009 In ASSEMBLY Committee on ENVIRONMENTAL SAFETY AND TOXIC MATERIALS: Reconsideration granted. Commentary: CCCo - Support (Bd Position) CA SB 114 AUTHOR: Liu (D) TITLE: Medi-Cal: Independent Foster Care Adolescents INTRODUCED: 01/29/2009 LAST AMEND: 05/19/2009 DISPOSITION: Pending LOCATION: Senate Appropriations Committee SUMMARY: Relates to Medi-Cal benefits to independent foster care adolescents. Specifies that if the Department of Health Care Services exercises a specified option in existing law, specified independent foster care adolescents would be deemed eligible for the benefits and would be automatically enrolled without requiring a new application or interruption in coverage. Requires the department to develop and implement a simplified form for the annual redetermination of benefits. STATUS: 05/28/2009 In SENATE Committee on APPROPRIATIONS: Not heard. Commentary: CCCo - Support (Bd Position) 16 CA SB 346 AUTHOR: Kehoe (D) TITLE: Hazardous Materials: Motor Vehicle Brake Materials INTRODUCED: 02/25/2009 LAST AMEND: 06/24/2009 DISPOSITION: Pending LOCATION: Assembly Environmental Safety and Toxic Materials Committee SUMMARY: Requires a survey of the concentration levels of nickel, zinc, copper and antimony in motor vehicle brake friction materials. Establishes a maximum allowable concentration level of lead and other minerals. Require copper monitoring. Prohibits the sale of vehicle brake friction materials containing specified constituents including cadmium, lead and mercury in certain amounts and concentrations. Requires a fee for each new axle brake sold. Requires the keeping of accurate books, records and accounts. STATUS: 06/24/2009 From ASSEMBLY Committee on ENVIRONMENTAL SAFETY AND TOXIC MATERIALS with author's amendments. 06/24/2009 In ASSEMBLY. Read second time and amended. Re-referred to Committee on ENVIRONMENTAL SAFETY AND TOXIC MATERIALS. Commentary: CCCo - Support (Bd Position) CA SB 457 AUTHOR: Wolk (D) TITLE: Sacramento-San Joaquin Delta INTRODUCED: 02/26/2009 LAST AMEND: 06/30/2009 DISPOSITION: Pending LOCATION: Assembly Water, Parks and Wildlife Committee SUMMARY: Relates to the Delta Protection Commission. Reduces the commission membership. Relates to commission meetings. Requires the commission to appoint at least one advisory committee. Requires the commission to adopt a comprehensive resources management plan. Requires all general plans of cities and counties within the delta to be consistent with that management plan. Requires to commission to develop a regional economic development plan consistent with the delta plan. STATUS: 06/30/2009 From ASSEMBLY Committee on WATER, PARKS AND WILDLIFE with author's amendments. 06/30/2009 In ASSEMBLY. Read second time and amended. Re-referred to Committee on WATER, PARKS AND WILDLIFE. Commentary: CCCo Water Bills – Support 17 CA SB 458 AUTHOR: Wolk (D) TITLE: Sacramento-San Joaquin Delta Conservancy INTRODUCED: 02/26/2009 LAST AMEND: 09/09/2009 DISPOSITION: Pending FILE: 67 LOCATION: Conference Reports at the Desk SUMMARY: States the intent of the Legislature to enact legislation to establish a Sacramento-San Joaquin Delta Conservancy and to modify the Delta Protection Commission. STATUS: 09/09/2009 *****From CONFERENCE Committee. Commentary: CCCo Water Bills – Support CA SB 769 AUTHOR: Alquist (D) TITLE: Federal Funding: Supplemental Appropriations: Flu INTRODUCED: 02/27/2009 LAST AMEND: 09/09/2009 DISPOSITION: Pending FILE: 77 LOCATION: Senate Unfinished Business SUMMARY: Provides federal funding received pursuant to the federal 2009 Supplemental Appropriations Act for pandemic flu for state and local public health and emergency response infrastructure would be subject to appropriation by the Legislature for allocation by the State Department of Public Health. Requires funds to be utilized to expand the capacity of the State Health Alert Network, or another network, to allow electronic communication during a health emergency. STATUS: 09/12/2009 In SENATE. Urgency clause failed adoption. 09/12/2009 In SENATE. Motion to reconsider. 09/12/2009 In SENATE. Reconsideration granted. Commentary: CCCo - Support (Bd Position) OPPOSE CA AB 155 AUTHOR: Mendoza (D) TITLE: Local Government: Bankruptcy Proceedings INTRODUCED: 01/26/2009 LAST AMEND: 07/01/2009 DISPOSITION: Pending LOCATION: Senate Local Government Committee SUMMARY: 18 Provides that a local public entity may only file under federal bankruptcy law with the approval of the State Debt and Investment Advisory Commission. STATUS: 07/08/2009 In SENATE Committee on LOCAL GOVERNMENT: Not heard. Commentary: CCCo - Monitor for Now (Oppose) CA AB 1409 AUTHOR: Perez J (D) TITLE: Public Contracts: County Highways: Work Authorizations INTRODUCED: 02/27/2009 LAST AMEND: 06/02/2009 DISPOSITION: Pending LOCATION: Senate Transportation and Housing Committee SUMMARY: Relates to public contract requirements. Revises the provision authorizing the work on certain county highway contracts to be done by purchasing the material and having the work done by day labor, only after advertising and requesting bids, and the board of supervisors passing a resolution making a specified finding, or purchasing the material and having the work done by specified employees. STATUS: 07/16/2009 In SENATE Committee on TRANSPORTATION AND HOUSING: Not heard. Commentary: CCCo - Oppose (Bd Position) CA SB 170 AUTHOR: Florez (D) TITLE: Agricultural Lands: Williamson Act Contracts INTRODUCED: 02/14/2009 LAST AMEND: 04/13/2009 DISPOSITION: Pending LOCATION: Senate Local Government Committee SUMMARY: Establishes a rebuttable presumption that where a federally recognized Indian tribe has petitioned for a Williamson Act contract cancellation that tribal cultural centers, infrastructure and housing are alternative uses that are public concerns that substantially outweigh the objectives of the act. Provides that land contiguous to existing tribal land would provide more contiguous patterns of urban development than development of proximate noncontracted land. STATUS: 04/15/2009 In SENATE Committee on LOCAL GOVERNMENT: Heard, remains in Committee. Commentary: 19 CCCo - Oppose (Bd Position) WATCH CA AB 10 AUTHOR: Hagman (R) TITLE: Public Funding: Actions INTRODUCED: 12/01/2008 DISPOSITION: Pending LOCATION: Assembly Elections and Redistricting Committee SUMMARY: Prohibits elected state or local officers, appointees, employees or consultants, or those organizations or associations that represent local agencies from using, or permitting others to use, public resources to commence an action to enjoin the operation of any law or constitutional amendment, proposed by initiative petition and approved by the people at a general election or a special election. STATUS: 05/05/2009 In ASSEMBLY Committee on ELECTIONS AND REDISTRICTING: Failed passage. 05/05/2009 In ASSEMBLY Committee on ELECTIONS AND REDISTRICTING: Reconsideration granted. Commentary: CCCo - Watch CA AB 13 AUTHOR: Salas (D) TITLE: Sacramento-San Joaquin Delta Conservancy INTRODUCED: 12/01/2008 LAST AMEND: 09/02/2009 DISPOSITION: Pending LOCATION: Senate Natural Resources and Water Committee SUMMARY: Establishes the Sacramento-San Joaquin Delta Conservancy to restore, maintain, and enhance ecosystems, including habitats, wildlife corridors, native species, and open space, in the Sacramento-San Joaquin Delta, and to develop and implement projects to address the economic viability of the Delta region, consistent with a specified Delta Plan. STATUS: 09/02/2009 From SENATE Committee on NATURAL RESOURCES AND WATER with author's amendments. 09/02/2009 In SENATE. Read second time and amended. Re-referred to Committee on NATURAL RESOURCES AND WATER. Commentary: CCCo Water Bill - Watch CA AB 25 AUTHOR: Gilmore (R) TITLE: Water Quality: Minimum Civil Penalties 20 INTRODUCED: 12/01/2008 LAST AMEND: 04/02/2009 DISPOSITION: Pending COMMITTEE: Assembly Environmental Safety and Toxic Materials Committee HEARING: 01/12/2010 1:30 pm SUMMARY: Prohibits the State Water Resources Control Board or a regional board from imposing a mandatory minimum penalty for a violation of the federal Clean Water Act or the Porter-Cologne Water Quality Control Act for which an action to impose liability is not requested or imposed by those boards within a certain time from notice of the violation. Authorizes those boards, in lieu of assessing penalties on a small publicly owned treatment works (POTW), to require the POTW to spend that amount on compliance. STATUS: 04/21/2009 In ASSEMBLY Committee on ENVIRONMENTAL SAFETY AND TOXIC MATERIALS: Not heard. Commentary: CCCo Water Bill - Watch CA AB 39 AUTHOR: Huffman (D) TITLE: Sacramento-San Joaquin Delta INTRODUCED: 12/01/2008 LAST AMEND: 09/09/2009 DISPOSITION: Pending FILE: 69 LOCATION: Conference Reports at the Desk SUMMARY: States the intent of the Legislature to enact legislation to establish a Sacramento-San Joaquin Delta Plan. STATUS: 09/09/2009 *****From CONFERENCE Committee. Commentary: CCCo Water Bill - Watch CA AB 49 AUTHOR: Feuer (D) TITLE: Water Conservation INTRODUCED: 12/01/2008 LAST AMEND: 09/09/2009 DISPOSITION: Pending FILE: 70 LOCATION: Conference Reports at the Desk SUMMARY: States the intent of the Legislature to enact legislation to establish a 20% water efficiency requirement for the year 2020 for agricultural and urban water users. 21 STATUS: 09/09/2009 *****From CONFERENCE Committee. Commentary: CCCo Water Bills - Watch CA AB 55 AUTHOR: Jeffries (R) TITLE: Water Supply Planning INTRODUCED: 12/04/2008 DISPOSITION: Pending LOCATION: Assembly Water, Parks and Wildlife Committee SUMMARY: Revises the definition of "project" under the California Environmental Quality Act to provide that specified business, commercial, hotel or motel, industrial, manufacturing, and mixed-use developments are within the scope of that definition only if the projected water demand of the development would be equivalent to, or greater than, the amount of water required by a 500 dwelling unit project, as determined by the public water system. STATUS: 02/05/2009 To ASSEMBLY Committees on WATER, PARKS AND WILDLIFE and LOCAL GOVERNMENT. Commentary: CCCo Water Bill - Watch CA AB 105 AUTHOR: Evans (D) TITLE: Budget Act of 2009 INTRODUCED: 01/09/2009 DISPOSITION: Pending LOCATION: Assembly Budget Committee SUMMARY: Makes appropriations for support of state government for the 2009-10 fiscal year. STATUS: 02/26/2009 To ASSEMBLY Committee on BUDGET. Commentary: CCCo - Watch CA AB 137 AUTHOR: Jeffries (R) TITLE: Open Meetings: Advisory Committees INTRODUCED: 01/20/2009 DISPOSITION: Pending LOCATION: Assembly Local Government Committee SUMMARY: Relates to the Ralph M. Brown Act, which requires that all meetings of a legislative body of a local agency be open and 22 public. Limits the advisory committee exclusion from the act to an advisory committee composed solely of the members of the legislative body that are less than a quorum and whose subject matter jurisdiction has cumulatively lasted for 2 years or less. STATUS: 02/26/2009 To ASSEMBLY Committee on LOCAL GOVERNMENT. Commentary: CCCo – Watch - does not apply/have Better Government Ordinance CA AB 300 AUTHOR: Caballero (D) TITLE: Subdivisions: Water Supply INTRODUCED: 02/17/2009 LAST AMEND: 06/30/2009 DISPOSITION: Pending LOCATION: Senate Natural Resources and Water Committee SUMMARY: Requires a public water system, or, if none exists, a local agency, to review and verify for accuracy a housing subdivider's water savings projections attributable to voluntary demand management measures. Specified assessment requirements. Authorizes the public water system to collect specified related fees. Requires any city, county, or system preparing an assessment to reduce projected water demand for the project to an amount below the current requirements. Relates to water conservation program funding. STATUS: 07/06/2009 In SENATE Committee on NATURAL RESOURCES AND WATER: Heard, remains in Committee. Commentary: CCCo Water Bills - Watch CA AB 410 AUTHOR: De La Torre (D) TITLE: Recycled Water INTRODUCED: 02/23/2009 LAST AMEND: 07/13/2009 DISPOSITION: Pending LOCATION: Senate Appropriations Committee SUMMARY: Relates to the Safe Drinking Water, Water Quality and Supply, Flood Control, River and Coastal Protection Bond Act of 2006. Requires the State Department of Water Resources to give additional consideration for grants for projects that assist local public agencies meet the state's long term water needs, to proposals for the preparation of salt and nutrient management plans consistent with the recycled water policy of the State Water Resources Control Board. Sets new statewide water recycling goals. STATUS: 23 08/27/2009 In SENATE Committee on APPROPRIATIONS: Not heard. Commentary: CCCo Water Bills - Watch CA AB 450 AUTHOR: De La Torre (D) TITLE: Recycled Water: Oil Refineries INTRODUCED: 02/24/2009 LAST AMEND: 04/21/2009 DISPOSITION: Pending LOCATION: Assembly Appropriations Committee SUMMARY: Declares that the use of potable domestic water for oil refineries is a waste or unreasonable use of water if suitable recycled water is available and prohibits a person or public agency from doing so. States that it is the intent of the Legislature to provide incentives to facilitate compliance with these provisions. STATUS: 05/28/2009 In ASSEMBLY Committee on APPROPRIATIONS: Heard, remains in Committee. Commentary: CCCo Water Bills - Watch CA AB 594 AUTHOR: Harkey (R) TITLE: Land Use: Housing Element INTRODUCED: 02/25/2009 LAST AMEND: 04/20/2009 DISPOSITION: Pending COMMITTEE: Assembly Local Government Committee HEARING: 01/06/2010 1:30 pm SUMMARY: Relates to the housing element of local planning and zoning law. Authorizes the Department of Housing and Community Development to allow a city, county, or city and county to substitute the provision of units for a certain percentage of its site identification obligation if it includes in its housing element a program to provide units within the city or county in any income category that will be made available to low- and very low income households through the provision of committed assistance. STATUS: 04/27/2009 Re-referred to ASSEMBLY Committees on LOCAL GOVERNMENT and HOUSING AND COMMUNITY DEVELOPMENT. Commentary: CCCo – Watch CA AB 642 AUTHOR: Huber (D) TITLE: Conservancies: Sacramento-San Joaquin Delta INTRODUCED: 02/25/2009 24 LAST AMEND: 04/13/2009 DISPOSITION: Pending LOCATION: Assembly Natural Resources Committee SUMMARY: Establishes the Sacramento-San Joaquin Delta Conservancy to undertake activities related to the Delta and Suisun Marsh, including measures identified in the Delta sustainability program to restore and manage habitat in the Delta and Suisun Marsh. Prescribes the management, powers and duties of the conservancy. Provides that expenses of the conservancy may be paid from funds appropriated by the Legislature or from gifts, donations,bequests or other public and private sources. STATUS: 04/27/2009 In ASSEMBLY Committee on NATURAL RESOURCES: Failed passage. 04/27/2009 In ASSEMBLY Committee on NATURAL RESOURCES: Reconsideration granted. Commentary: CCCo Water Bill - Watch CA AB 687 AUTHOR: Salas (D) TITLE: Tijuana River Valley Conservancy INTRODUCED: 02/26/2009 LAST AMEND: 04/16/2009 DISPOSITION: Pending LOCATION: Assembly Natural Resources Committee SUMMARY: Enacts the Tijuana River Valley Conservancy Act. Establishes in the Natural Resources Agency the Tijuana River Valley Conservancy. Specifies the composition of the board of the conservancy. Requires the Conservancy to oversee the implementation of a comprehensive Tijuana River Valley cleanup and restoration program. STATUS: 04/16/2009 To ASSEMBLY Committee on NATURAL RESOURCES. 04/16/2009 From ASSEMBLY Committee on NATURAL RESOURCES with author's amendments. 04/16/2009 In ASSEMBLY. Read second time and amended. Re-referred to Committee on NATURAL RESOURCES. Commentary: CCCo Water Bills – Watch CA AB 752 AUTHOR: Caballero (D) TITLE: Safe Drinking Water and Water Supply Reliability INTRODUCED: 02/26/2009 LAST AMEND: 09/03/2009 DISPOSITION: Pending LOCATION: Senate Rules Committee 25 SUMMARY: Enacts the Safe Drinking Water and Water Supply Reliability Act of 2010, which, if approved by the voters, would authorize the issuance of bonds to finance a safe drinking water and water supply reliability program. Provides for the submission of the bond act to the voters at the statewide general election. STATUS: 09/08/2009 Re-referred to SENATE Committee on RULES. Commentary: CCCo Water Bills - Watch CA AB 831 AUTHOR: Monning (D) TITLE: State Auditor: Confidential Records INTRODUCED: 02/26/2009 LAST AMEND: 05/11/2009 DISPOSITION: Pending LOCATION: Assembly Business and Professions Committee SUMMARY: Relates to confidentiality of records related to and obtained in the course of duties imposed on the office of the State Auditor. Clarifies the individuals, including contractor employees, state and local governmental, or publicly created entity officers and employees subject to conformity with those confidentiality provisions. STATUS: 05/12/2009 In ASSEMBLY Committee on BUSINESS AND PROFESSIONS: Not heard. Commentary: CCCo - Watch CA AB 900 AUTHOR: De Leon (D) TITLE: Water Diversion and Use: Reporting INTRODUCED: 02/26/2009 LAST AMEND: 08/17/2009 DISPOSITION: Pending FILE: 100 LOCATION: Senate Third Reading File SUMMARY: Relates to a requirement that each person who diverts water file with the State Water Resources Control Board a prescribed statement of diversion and use. Revises the types of water diversions for which the reporting requirement does not apply. Deletes exceptions to the monthly record requirement, and requirements relating to the contents of the statement of diversions and use. Provides a civil liability for certain actions relating to this requirement. STATUS: 09/11/2009 Withdrawn from SENATE Committee on APPROPRIATIONS. 26 09/11/2009 Re-referred to SENATE Committee on RULES. 09/11/2009 Withdrawn from SENATE Committee on RULES. Ordered placed on SENATE third reading. Commentary: CCCo Water Bills - Watch CA AB 934 AUTHOR: Gilmore (R) TITLE: San Joaquin Valley: Water Supply INTRODUCED: 02/26/2009 DISPOSITION: Pending LOCATION: Assembly Second Reading File SUMMARY: Requires the Department of Water Resources to study the economic impacts of water supply reduction in specified counties in the San Joaquin Valley, and to report its findings to the Legislature. STATUS: 05/28/2009 In ASSEMBLY Committee on APPROPRIATIONS: Heard, remains in Committee. Commentary: CCCo Water Bills - Watch CA AB 969 AUTHOR: Calderon C (D) TITLE: Recycled Water INTRODUCED: 02/26/2009 DISPOSITION: Pending LOCATION: Assembly Water, Parks and Wildlife Committee SUMMARY: Changes the statewide goal for recycled water to an unspecified number of acre-feet of water per year by the year 2020. Makes changes to findings and declarations under the act. STATUS: 03/26/2009 To ASSEMBLY Committee on WATER, PARKS AND WILDLIFE. Commentary: CCCo Water Bills - Watch CA AB 1100 AUTHOR: Duvall (R) TITLE: Potable Reuse Demonstration Water INTRODUCED: 02/27/2009 LAST AMEND: 05/05/2009 DISPOSITION: Pending LOCATION: Senate Environmental Quality Committee SUMMARY: Allows the bottling of potable reuse demonstration water to be distributed, free of charge, for educational purposes or 27 to promote water recycling. Establishes specific bottling, labeling, and sanitation requirements for potable reuse demonstration water and would require an operator seeking to bottle potable reuse demonstration water to establish a collection and recycling program for distributed bottles. STATUS: 07/13/2009 In SENATE Committee on ENVIRONMENTAL QUALITY: Failed passage. 07/13/2009 In SENATE Committee on ENVIRONMENTAL QUALITY: Reconsideration granted. Commentary: CCCo Water Bills - Watch CA AB 1187 AUTHOR: Huffman (D) TITLE: Safe, Clean, Reliable Drinking Water Supply Act of 2010 INTRODUCED: 02/27/2009 DISPOSITION: Pending LOCATION: Assembly Water, Parks and Wildlife Committee SUMMARY: Enacts the Safe, Clean, Reliable Drinking Water Supply Act of 2010 which would authorize, for the purposes of financing specified water supply reliability and water source protection programs, the issuance of bonds in a specified amount pursuant to the State General Obligation Bond Law. Provides the act, if approved by the voters, requires establishing and imposing a fee on users of water to be used for the purposes of the act. STATUS: 03/26/2009 To ASSEMBLY Committee on WATER, PARKS AND WILDLIFE. Commentary: CCCo Water Bills - Watch CA AB 1221 AUTHOR: Nielsen (R) TITLE: Water INTRODUCED: 02/27/2009 DISPOSITION: Pending LOCATION: ASSEMBLY SUMMARY: States the intent of the Legislature to enact legislation that would modify existing laws relating to water in the state. STATUS: 02/27/2009 INTRODUCED. Commentary: CCCo Water Bills - Watch CA AB 1294 AUTHOR: Monning (D) 28 TITLE: State Water Resources Development System INTRODUCED: 02/27/2009 DISPOSITION: Pending LOCATION: ASSEMBLY SUMMARY: Makes technical, nonsubstantive changes to existing law which authorizes the issuance of bond funds for the purposes of the Water Resources Development Bond Act. STATUS: 02/27/2009 INTRODUCED. Commentary: CCCo Water Bills - Watch CA AB 1334 AUTHOR: Blakeslee (R) TITLE: Political Reform Act: Agents of Foreign Principals INTRODUCED: 02/27/2009 LAST AMEND: 05/13/2009 DISPOSITION: Pending LOCATION: Assembly Elections and Redistricting Committee SUMMARY: Amends the Political Reform Act of 1974. Expands the definition of lobbyist to include an individual who acts as an agent or representative of a foreign principal, and who communicates with any elective state official, agency official, or legislative official for the purpose of influencing legislative or administrative action. Requires those individuals to register by filing a certification with the Secretary of State and to file periodic expenditure and contribution reports with the Secretary of State. STATUS: 05/13/2009 From ASSEMBLY Committee on ELECTIONS AND REDISTRICTING with author's amendments. 05/13/2009 In ASSEMBLY. Read second time and amended. Re-referred to Committee on ELECTIONS AND REDISTRICTING. Commentary: CCCo Water Bills – Watch CA AB 1365 AUTHOR: Berryhill T (R) TITLE: Sacramento-San Joaquin Delta INTRODUCED: 02/27/2009 LAST AMEND: 04/13/2009 DISPOSITION: Pending LOCATION: Assembly Water, Parks and Wildlife Committee SUMMARY: Amends existing law allowing a private party to agree to convey an interest in real property to the state to mitigate 29 adverse impacts to the environment resulting from development or other permitted activities. Makes an appropriation to the Department of Water Resources for the purposes of acquiring land in the Sacramento-San Joaquin Delta in order to implement improvements relating to flood control, habitat enhancement, reduction of greenhouse gas emissions, recreation, and sustainability. STATUS: 04/13/2009 To ASSEMBLY Committee on WATER, PARKS AND WILDLIFE. 04/13/2009 From ASSEMBLY Committee on WATER, PARKS AND WILDLIFE with author's amendments. 04/13/2009 In ASSEMBLY. Read second time and amended. Re-referred to Committee on WATER, PARKS AND WILDLIFE. Commentary: CCCo Water Bills - Watch CA AB 1371 AUTHOR: Smyth (R) TITLE: Reasonable Use of Water: Generating Facilities INTRODUCED: 02/27/2009 LAST AMEND: 04/29/2009 DISPOSITION: Pending LOCATION: Assembly Natural Resources Committee SUMMARY: Declares that the use of potable domestic water for cooling towers that are part of a generating facility that is an eligible renewable energy resource is a reasonable use of water if certain conditions are met. STATUS: 04/29/2009 In ASSEMBLY. Read second time and amended. Re-referred to Committee on NATURAL RESOURCES. Commentary: CCCo Water Bills - Watch CA AB 1408 AUTHOR: Krekorian (D) TITLE: Subdivisions: Water Demand Mitigation Fund INTRODUCED: 02/27/2009 LAST AMEND: 04/30/2009 DISPOSITION: Pending LOCATION: Assembly Inactive File SUMMARY: Requires a city or county to include as a condition in any tentative map a requirement that a subdivision have a sufficient water supply available or that sufficient water supplies will be made available through a Water Conservation Demand Fund held by the public water system. Authorizes the public water supplier to collect fees necessary to provide analysis of water conservation measures. Requires the water system to use moneys in the Fund on water conservation measures to offset the project demand. 30 STATUS: 06/03/2009 In ASSEMBLY. Reconsideration granted. 06/03/2009 In ASSEMBLY. To Inactive File. Commentary: CCCo Water Bills - Watch CA AB 1425 AUTHOR: Fuller (R) TITLE: Water: Central Valley Flood Protection Board INTRODUCED: 02/27/2009 DISPOSITION: Pending LOCATION: Assembly Water, Parks and Wildlife Committee SUMMARY: Amends existing law that provides the Central Valley Flood Protection Board with the authority to construct and maintain various flood control works, and that requires that plans involving similar activities within the board's jurisdiction be approved by the board before construction. Provides that the board may hold hearings on applications coming before it and to acknowledge receipt of all applications in writing within 14 days of receipt. STATUS: 04/02/2009 To ASSEMBLY Committee on WATER, PARKS AND WILDLIFE. Commentary: CCCo Water Bills - Watch CA AB 1426 AUTHOR: Fuller (R) TITLE: Flood Control: Bonds INTRODUCED: 02/27/2009 DISPOSITION: Pending LOCATION: Assembly Water, Parks and Wildlife Committee SUMMARY: Amends the Reclamation Board Bond Act that authorizes the issuance of bonds of the Sacramento and San Joaquin Drainage District and authorizes the board to levy assessments on land in the district to pay the principal and interest of the bonds, and if the assessment is not paid by specified dates, the parcel of land may be sold during a specified time frame from the date of delinquency. Extends the time required before a delinquent sale can occur. STATUS: 04/02/2009 To ASSEMBLY Committee on WATER, PARKS AND WILDLIFE. Commentary: CCCo Water Bills - Watch CA ACA 12 AUTHOR: Logue (R) TITLE: Water: Area of Origin Statutes INTRODUCED: 02/27/2009 31 DISPOSITION: Pending LOCATION: Assembly Water, Parks and Wildlife Committee SUMMARY: Prohibits the Legislature from amending, repealing, or changing the scope or effect of any provisions designating areas within which water originates, unless the bill is passed in each house by a 2/3 vote of the membership of each house. STATUS: 04/20/2009 To ASSEMBLY Committees on WATER, PARKS AND WILDLIFE, RULES and APPROPRIATIONS. Commentary: CCCo Water Bills - Watch CA ACR 32 AUTHOR: Miller (R) TITLE: Native American Tribal Rights INTRODUCED: 02/24/2009 LAST AMEND: 04/14/2009 DISPOSITION: Pending LOCATION: Assembly Judiciary Committee SUMMARY: Reaffirms state recognition of the sovereign status of federally recognized Indian tribes as separate and independent governmental communities within the United States. Encourages all state agencies, when engaging in activities or developing policies affecting Native American tribal rights or trust resources, to do so in a knowledgeable, sensitive manner that is respectful of tribal sovereignty. STATUS: 04/14/2009 From ASSEMBLY Committee on JUDICIARY with author's amendments. 04/14/2009 In ASSEMBLY. Read second time and amended. Re-referred to Committee on JUDICIARY. Commentary: CCCo (Indian Gaming) - Watch CA SB 1 AUTHOR: Steinberg (D) TITLE: Health Care Coverage: Children INTRODUCED: 12/01/2008 LAST AMEND: 02/12/2009 DISPOSITION: Pending LOCATION: Senate Health Committee SUMMARY: Expands Medi-Cal and Health Families programs eligibility. Relates to immigration status. Requires the State Department of Health Care Services and the Managed Risk Medical Insurance Board to maximize federal matching funds for the programs and to monitor the programs to ensure children are timely enrolled for presumptive eligibility benefits. 32 Establishes the Medi-Cal Presumptive Eligibility Program. Changes the eligibility under the Children Services Program. Relates to the use of the WIC gateway system. STATUS: 02/12/2009 From SENATE Committee on HEALTH with author's amendments. 02/12/2009 In SENATE. Read second time and amended. Re-referred to Committee on HEALTH. Commentary: CCCo - Watch CA SB 12 AUTHOR: Simitian (D) TITLE: Sacrament0-San Joaquin Delta Stewardship Council INTRODUCED: 12/01/2008 LAST AMEND: 09/09/2009 DISPOSITION: Pending FILE: 68 LOCATION: Conference Reports at the Desk SUMMARY: Declares legislative intent to enact legislation to establish the Sacramento-San Joaquin Delta Stewardship Council. STATUS: 09/09/2009 *****From CONFERENCE Committee. Commentary: CCCo Water Bill - Watch CA SB 47 AUTHOR: Ducheny (D) TITLE: Budget Act of 2009 INTRODUCED: 01/09/2009 DISPOSITION: Pending LOCATION: Senate Budget & Fiscal Review Committee SUMMARY: Makes appropriations for support of state government for the 2009-10 fiscal year. STATUS: 01/09/2009 INTRODUCED. 01/09/2009 To SENATE Committee on BUDGET AND FISCAL REVIEW. Commentary: CCCo - Watch CA SB 88 AUTHOR: DeSaulnier (D) TITLE: Local Government: Bankruptcy INTRODUCED: 01/20/2009 LAST AMEND: 09/04/2009 DISPOSITION: Pending LOCATION: Senate Rules Committee SUMMARY: Provides that a local public entity may only file under federal bankruptcy law with the approval of the California 33 Debt and Investment Advisory Commission, or if the local public entity has adopted a resolution to override the findings of the commission. STATUS: 09/10/2009 Re-referred to SENATE Committee on RULES. Commentary: CCCo - Monitor (Same As AB 155) CA SB 229 AUTHOR: Pavley (D) TITLE: Water: Sacramento-San Joaquin Delta INTRODUCED: 02/23/2009 LAST AMEND: 09/09/2009 DISPOSITION: Pending FILE: 66 LOCATION: Conference Reports at the Desk SUMMARY: declare legislative intent to enact legislation to authorize actions to be undertaken prior to the adoption of a comprehensive Sacramento-San Joaquin Delta Plan. STATUS: 09/09/2009 *****From CONFERENCE Committee. Commentary: CCCo Water Bills - Watch CA SB 243 AUTHOR: Harman (R) TITLE: Gambling Control Act INTRODUCED: 02/24/2009 DISPOSITION: Pending LOCATION: Senate Rules Committee SUMMARY: Makes a technical, nonsubstantive change to the Gambling Control Act, which provides for the licensure of certain individuals and establishments involved in various gambling activities. STATUS: 03/05/2009 To SENATE Committee on RULES. Commentary: CCCo (Indian Gaming) - Watch CA SB 261 AUTHOR: Dutton (R) TITLE: Water Use: Water Management Plans INTRODUCED: 02/24/2009 LAST AMEND: 07/13/2009 DISPOSITION: Pending LOCATION: Assembly Appropriations Committee SUMMARY: Requires a retail urban water supplier to develop and implement an urban water conservation plan or achieve 34 high-efficiency water use. Requires such supplier or other entities acting on the supplier's behalf, to submit reports regarding the water conservation goal. Amends the Agricultural Water Management Planning Act to require an agricultural water supplier to prepare and adopt a water management plan. Requires the supplier to submit copies of the plan to receive specified state funds. STATUS: 08/19/2009 In ASSEMBLY Committee on APPROPRIATIONS: To Suspense File. Commentary: CCCo Water Bills - Watch CA SB 301 AUTHOR: Florez (D) TITLE: Salmon Fisheries INTRODUCED: 02/25/2009 LAST AMEND: 12/17/2009 DISPOSITION: Pending LOCATION: Senate Natural Resources and Water Committee SUMMARY: Requires the Department of Fish and Game to create a study group to assess interactions between wild and naturally spawned salmon and to develop hatchery and stream management practices to ensure the viability of fish populations and to sustainably support fisheries. Requires the Department to prepare and submit to the Legislature a report on the study. STATUS: 12/17/2009 From SENATE Committee on NATURAL RESOURCES AND WATER with author's amendments. 12/17/2009 In SENATE. Read second time and amended. Re-referred to Committee on NATURAL RESOURCES AND WATER. Commentary: CCCo Water Bills - Watch CA SB 371 AUTHOR: Cogdill (R) TITLE: Safe, Clean, Reliable Drinking Water Supply Act of 2009 INTRODUCED: 02/25/2009 DISPOSITION: Pending LOCATION: Senate Natural Resources and Water Committee SUMMARY: Enacts the Safe, Clean, Reliable Drinking Water Supply Act of 2009 which would authorize, for the purposes of financing specified water supply reliability and water source protection programs, the issuance of bonds pursuant to the State General Obligation Bond Law. STATUS: 03/05/2009 To SENATE Committees on NATURAL RESOURCES AND WATER and ENVIRONMENTAL QUALITY. 35 Commentary: CCCo Water Bills - Watch CA SB 456 AUTHOR: Wolk (D) TITLE: Safe, Clean, Reliable Drinking Water Supply Act INTRODUCED: 02/26/2009 DISPOSITION: Pending LOCATION: Senate Natural Resources and Water Committee SUMMARY: Enacts the Safe, Clean, Reliable Drinking Water Supply Act of 2010. Authorizes for the purposes of financing specified water supply reliability and water source protection programs, the issuance of bonds pursuant to the State General Obligation Bond Law. STATUS: 03/12/2009 To SENATE Committees on NATURAL RESOURCES AND WATER and ENVIRONMENTAL QUALITY. Commentary: CCCo Water Bills - Watch CA SB 460 AUTHOR: Wolk (D) TITLE: Energy: Transmission Lines INTRODUCED: 02/26/2009 LAST AMEND: 06/29/2009 DISPOSITION: Pending LOCATION: Senate Rules Committee SUMMARY: Amends existing law that requires any person proposing to construct an electric transmission line to obtain certification for the State Energy Resources Conservation and Development Commission. Defines electric transmission line. Requires a local publicly owned electric utility proposing to construct an electric transmission line to certify to the commission that it has undertaken a specified action. Repeals a requirement to undertake specified actions before locating or construction a transmission line. STATUS: 07/24/2009 Withdrawn from SENATE Committee on APPROPRIATIONS. 07/24/2009 Re-referred to SENATE Committee on RULES. Commentary: CCCo Water Bills - Watch CA SB 493 AUTHOR: Maldonado (R) TITLE: Water Conservation INTRODUCED: 02/26/2009 DISPOSITION: Pending LOCATION: Senate Rules Committee SUMMARY: 36 Declares legislative intent to enact legislation to promote water conservation. STATUS: 03/12/2009 To SENATE Committee on RULES. Commentary: CCCo Water Bills - Watch CA SB 498 AUTHOR: Cogdill (R) TITLE: The State Water Resources Law INTRODUCED: 02/26/2009 DISPOSITION: Pending LOCATION: Senate Rules Committee SUMMARY: Makes technical, nonsubstantive changes to the State Water Resources Law relating to flood waters and the control, storage, and use of the state's water resources. STATUS: 03/12/2009 To SENATE Committee on RULES. Commentary: CCCo Water Bills - Watch CA SB 561 AUTHOR: Cogdill (R) TITLE: Urban Water Suppliers: Water Management Plans INTRODUCED: 02/27/2009 DISPOSITION: Pending LOCATION: Senate Rules Committee SUMMARY: Makes technical, nonsubstantive changes to existing law which requires every urban water supplier to prepare and adopt an urban water management plan. STATUS: 03/12/2009 To SENATE Committee on RULES. Commentary: CCCo Water Bills - Watch CA SB 565 AUTHOR: Pavley (D) TITLE: Water Recycling INTRODUCED: 02/27/2009 LAST AMEND: 06/02/2009 DISPOSITION: Pending LOCATION: Assembly Water, Parks and Wildlife Committee SUMMARY: Requires the State Water Resources Control Board to develop a plan to ensure that a percentage of wastewater that is annually discharged in to the ocean is recycled and put to beneficial use. Imposes a fee on specified persons discharging wastewater in the ocean, the San Francisco Bay, or any other enclosed bay in the state, to be deposited into 37 the Ocean Discharge Recycling Fund. STATUS: 06/18/2009 To ASSEMBLY Committee on WATER, PARKS AND WILDLIFE. Commentary: CCCo Water Bills - Watch CA SB 681 AUTHOR: Pavley (D) TITLE: Water Diversion and Use INTRODUCED: 02/27/2009 LAST AMEND: 06/01/2009 DISPOSITION: Pending FILE: A-5 LOCATION: Senate Inactive File SUMMARY: Relates to the payment of fees for services by the Water Resources Control Board relating to water diversion and use, interim regulatory relief orders by the board and civil penalties for violations thereof, the monitoring of water diversions and uses and permits issued by the board, civil penalties for unauthorized diversions or uses of water, monitoring devices on diversions in the Sacramento-San Joaquin Delta, water diversion and use reporting, a diversion and use database, and cease and desist orders. STATUS: 06/03/2009 In SENATE. Read third time. Failed to pass SENATE. 06/03/2009 In SENATE. Reconsideration granted. 06/03/2009 In SENATE. From third reading. To Inactive File. Commentary: CCCo Water Bills - Watch CA SB 699 AUTHOR: Alquist (D) TITLE: Sales and Tax Use: Sustainable Development INTRODUCED: 02/27/2009 LAST AMEND: 05/28/2009 DISPOSITION: Pending LOCATION: Senate Revenue and Taxation Committee SUMMARY: Exempts from a specified portion of the Sales and Use Tax Law, the gross receipts from sustainable development equipment investments of tangible personal property purchased for use by a qualified person and tangible personal property used primarily during the research and development process on qualified research and also for tangible personal property purchased by a qualified person for use primarily in any stage of the manufacturing, processing, refining, fabricating, or recycling of property. STATUS: 38 05/28/2009 From SENATE Committee on REVENUE AND TAXATION with author's amendments. 05/28/2009 In SENATE. Read second time and amended. Re-referred to Committee on REVENUE AND TAXATION. Commentary: CCCo Water Bills - Watch CA SB 735 AUTHOR: Steinberg (D) TITLE: Safe, Clean, Reliable Drinking Water Supply Act of 2010 INTRODUCED: 02/27/2009 DISPOSITION: Pending LOCATION: Senate Natural Resources and Water Committee SUMMARY: Enacts the Safe, Clean, and Reliable Drinking Water Supply Act of 2010. Authorizes the issuance of bonds to finance a water supply reliability and water source protection program. Authorizes the Department of Water Resources to impose fees on water users. STATUS: 03/19/2009 To SENATE Committees on NATURAL RESOURCES AND WATER and ENVIRONMENTAL QUALITY. Commentary: CCCo Water Bills - Watch CA SB 736 AUTHOR: Pavley (D) TITLE: Water Consumption Fee INTRODUCED: 02/27/2009 DISPOSITION: Pending LOCATION: Senate Natural Resources and Water Committee SUMMARY: Imposes on a person diverting or extracting more than an unspecified amount of water, a water resource consumption fee and deposits the proceeds in the Water Resources Consumption Fund. STATUS: 03/19/2009 To SENATE Committee on NATURAL RESOURCES AND WATER. Commentary: CCCo Water Bills - Watch CA SB 808 AUTHOR: Wolk (D) TITLE: San Francisco Bay/Sacramento-San Joaquin Delta Estuary INTRODUCED: 02/27/2009 DISPOSITION: Pending LOCATION: Senate Natural Resources and Water Committee SUMMARY: Requires the State Water Resources Control Board to implement its resolution entitled the Strategic Workplan for Actions to 39 Protect Beneficial Uses of the San Francisco Bay/Sacramento-San Joaquin Delta Estuary by commencing an investigation of the reasonableness of the methods of diversions from the Sacramento-San Joaquin Delta used by the State Water Project and the federal Central Valley Project. STATUS: 03/19/2009 To SENATE Committee on NATURAL RESOURCES AND WATER. Commentary: CCCo Water Bills - Watch