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HomeMy WebLinkAboutMINUTES - 01222013 - D.1PDF Return D. 1 To: Board of Supervisors From: Legislation Committee Date: January 22, 2013 Contra Costa County Subject:2013 Federal and State Legislative Platforms and 2012 Year-End Legislative Activity Reports APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 01/22/2013 APPROVED AS RECOMMENDED OTHER Clerks Notes:See Addendum VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Mary N. Piepho, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact:L. DeLaney, 925-335-1097 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 22, 2013 David Twa, BY:June McHuen , Deputy RECOMMENDATION(S): 1. ACCEPT the Year-End reports on the County’s 2012 federal and state legislative programs. 2. ADOPT the Contra Costa County 2013 Federal and State Legislative Platforms, as recommended by the Legislation Committee. RECOMMENDATION(S): (CONT'D) 3. DIRECT the County Administrator to return to the Board of Supervisors, as necessary, to update the County’s 2013 Legislative Platforms to reflect intervening legislative actions. 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 Legislation Committee and/or 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 2013 Federal and State Legislative Platforms. FISCAL IMPACT: No direct impact to the County from the acceptance of the Year-End reports and the adoption of the Legislative Platforms. BACKGROUND: Each January, Year-End reports are submitted to the Board of Supervisors on the County’s federal and state legislative programs and activities for the prior calendar year. At the same time, the Board of Supervisors also considers the Federal and State Legislative Platforms for the upcoming year. Year-End reports for 2012 were prepared by the County's federal advocates, Alcalde & Fay--represented by Mr. Paul Schlesinger, and 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 Cunningham, Mr. Steven Goetz, and Mr. John Greitzer, provided input into the development of the Year-End Reports and the Legislative Platforms, along with staff of Public Works and other affected departments. The public provided input into the development of the Platforms at the Legislation Committee meetings. The Legislation Committee reviewed the Draft 2013 Federal and State Platforms at their meetings in November and December 2012 and recommend that the Board of Supervisors adopt the 2013 Proposed Platforms, as amended. (The Proposed State Platform was amended by staff to reflect updated information regarding the State Budget and to refine a policy proposal regarding Successor Housing Agencies.) 2012 FEDERAL LEGISLATIVE PROGRAM YEAR-END REPORT Despite an increasingly partisan and immobilized Congress, as well as the continuing restrictions on earmarks, Alcalde & Fay were pleased to report that significant progress was made in 2012 on several federal fronts important to Contra Costa County. In 2012, we were particularly proud of the fact that even with the prohibition on congressional earmarks, funding cuts in discretionary programs, and changes to the traditional systems by which funds are allocated to projects and municipalities, Alcalde & Fay worked with the County to secure federal funding for three different projects important to the County’s federal agenda. These projects include the San Francisco to Stockton Channel Deepening, for which $800,000 was included in the Army Corps of Engineers’ FY 2012 Work Plan; the CREATES program (the Contra Costa Reentry Agenda to Empower and Ensure Safety), which was awarded $750,000 in grant funding by the Department of Justice; and the Mount Diablo Mercury Mine Cleanup, which is almost certain to be funded out of an Army Corps of Engineers program for which the Senate has included $1 million in its FY 2013 Appropriations bill. In addition, Alcalde & Fay were pleased to help coordinate the schedule and prepare materials for the trip to Washington, D.C. by the Delta Counties Coalition in March 2012, which will again be undertaken in early February 2013. These trips are critical in establishing relationships with key officials in the Administration and in securing the high level of support from the Congressional Delegation which we have enjoyed on this most vital issue of importance to the County and the state. Similarly, Alcalde & Fay were pleased to help coordinate the trip to Washington, D.C. in March by County Supervisors and senior staff. This trip was helpful to the County and to those in our Delegation, elsewhere on the Hill, and in federal agencies to whom our County officials articulated County needs and learned of ways in which the federal government might assist in helping to assure that these needs are met. These meetings were instrumental to our successful efforts in earning the DOJ CREATES grant. Funding for Mt. Diablo Mercury Mine Clean-up Alcalde & Fay and County staff continued to work this year toward securing federal funding in the amount of $483,000 for clean-up of the Mt. Diablo Mercury Mine. Given the current moratorium on earmarks, we recognized that it would not be possible to secure a line-item appropriation for this important project. However, with the language that we previously worked to include in the Statement of Managers accompanying the 2007 Water Resources Development Act (WRDA), which directed the Army Corps to give priority consideration to the Mt. Diablo project when allocating funds made available for the Remediation of Abandoned Mine Sites program (RAMS), we also recognized that any funding made available by the Appropriations bill for the general RAMS program is almost certain to be provided for our project. We are pleased that the Senate Energy and Water Appropriations bill, at the County’s request, includes $1 million for the RAMS program. Even if this amount is reduced in Conference Committee, it appears likely that there will be sufficient funds to allow the Corps to provide the $483,000 we have requested for the Mt. Diablo Clean-up. To set the County up for this apparent success, Alcalde & Fay helped develop the legislative strategy, secured meetings with pertinent congressional staff when County officials were in D.C. this spring, accompanied County personnel to the meetings, and then followed up with staff from the County’s congressional delegation and the Appropriations Committees throughout the year. In addition to these efforts, with the leadership of the authorizing committees in the Senate and House indicating their intention to move legislation early in the new 113th Congress authorizing programs and projects for the Army Corps of Engineers, Alcalde & Fay are working to include a provision in WRDA that would expand the scope of the RAMS program so that funding would be eligible for construction activities, and also increase the allowable federal share to 100% as necessary to provide the County with relief from the possibility of facing liability issues that could arise from its financial involvement with the clean-up. State Criminal Alien Assistance Program (SCAAP) SCAAP is designed to provide federal assistance to states and localities that incur costs for incarcerating undocumented aliens who are being held as a result of state and/or local charges or convictions. SCAAP reimbursements to states are calculated by using a formula that provides a relative share of funding to jurisdictions that apply and is based on the number of eligible criminal aliens incarcerated. On May 23, 2012, the Department of Justice (DOJ) opened the FY 2012 SCAAP application period. The announcement included a notification that they had modified the SCAAP reimbursement formula to discontinue reimbursements for inmates classified by Immigration and Customs Enforcement (ICE) as "unknown." Had this been in effect in 2010, the County would have received $325,566 less in SCAAP funding. Alcalde & Fay notified the County of this proposed modification and, upon learning that the County opposed the change, Alcalde & Fay contacted our congressional delegation, including Senator Feinstein who serves on the Authorizing Committee and Appropriations Subcommittee with jurisdiction over SCAAP, requesting that they oppose this change. Alcalde & Fay also had conversations with the California State Association of Counties (CSAC) to help coordinate an effective strategy to beat back the proposal. Alcalde & Fay was pleased to notify the County that on September 11, DOJ announced it would postpone implementation of the new reimbursement formula by one year. Despite the Administration requesting only $70 million for SCAAP in its proposed FY 2013 budget, the House-passed CJS Appropriations bill would allocate $165 million for SCAAP, and the bill approved by the Senate Appropriations Committee provides $255 million. To maximize the County’s receipts for this program, Alcalde & Fay have worked with members of our delegation, as well as with other Members of Congress, to maximize funding for this program when Congress resolves differences between the Senate and House bills. Advocacy related to the Sacramento-San Joaquin Delta Alcalde & Fay were pleased to work with County officials and staff in advocating with the federal government to achieve (and help develop) the County’s objectives with regard to the Delta. Their efforts on the County’s behalf have been in conjunction with other federal advocates working on behalf of their clients--other members of the Delta Counties Coalition (DCC). Moreover, they have assisted the County in playing a lead role within the DCC on developing and implementing Delta strategies as they relate to the Army Corps of Engineers. During DCC trips to Washington, Alcalde & Fay secured meetings with senior Corps officials, in addition to coordinating scheduling for the DCC and arranging for a majority of the meetings that were scheduled with Congress and the Executive Branch. They have been the lead among DCC advocates with regard to work not just with the Corps but with the House Committee on Transportation and Infrastructure, the Senate Committee on Environment and Public Works, the Senate and House Appropriations Committees, Senators Boxer and Feinstein, Congressmen Miller, McNerney, and Garamendi, and the Office of Management and Budget. With Congress expected to advance a WRDA bill in the first session of the 113th Congress, authorizing programs and projects for the Army Corps, Alcalde & Fay would anticipate once again being tasked with securing a provision to authorize a substantial Corps investment in improving water infrastructure throughout the Delta. The groundwork for such a provision has certainly been set both with our congressional delegation and with the pertinent congressional committees. Federal Grant Funding for County Projects Over the past few years, Alcalde & Fay has worked with the County on several of its grant applications and shared some success in these efforts. Included among these applications were several of a large-scale, including those seeking funding from the Department of Transportation’s TCSP, TIGER III and TIGER IV initiatives. Alcalde & Fay also worked actively with the County on several grant applications submitted to the Department of Justice (DOJ). Most recently, they assisted the County on an application for funding from the DOJ Adult Offender Re-entry Demonstration Program for the County’s CREATES (Contra Costa Reentry Agenda to Empower and Ensure Safety) project. During this process, Alcalde & Fay provided the County with a detailed evaluation and peer review of the application, designed to improve the submission and make it more competitive. They also worked to coordinate support for the project from the County’s congressional delegation, securing letters from several Members that were submitted to DOJ in support of the application. Alcalde & Fay was pleased that the County was awarded a $750,000 grant for its Adult Offender Re-entry Demonstration Program. Such positive outcome reflects not only the strong project offered by the County, but the collaborative efforts of those of us on the grant writing and review team to draft a strong and credible application that received high scores from the DOJ. Funding for Water Projects Alcalde & Fay were pleased to assist with the efforts to secure funding for several water projects, including: 1. As previously noted, $800,000 was included in the FY 2012 Army Corps of Engineers' work plan for the Sacramento to Stockton (JF Baldwin) Ship Channel project 2. Senate FY ’13 Appropriations bill includes $2.5 million for San Pablo Bay and Mare Island Strait. The House includes $2.413 million. 3. Senate FY ’13 Appropriations bill includes $2.5 million for Suisun Bay Channel dredging. The House includes $2.413 million. Levee Vegetation In the post Hurricane Katrina environment, the Army Corps of Engineers revised its policy on levee maintenance and initiated a more vigorous enforcement regimen, insisting that vegetation be removed from levees to prevent their structural weakening and also to facilitate their inspection. Levees that are deemed to be in noncompliance would no longer be eligible for federal disaster assistance. Working in conjunction with other interests around the State and nation, the County was part of a coalition that persuaded the Corps to provide for an exemption process that would allow levees to be excluded from this regimen. Most concerned entities believe that the relief the Corps has offered is insufficient, requiring an effort that would be very costly to undertake in terms of both time and money, and might require a level of sophistication that could be beyond the reach of some municipalities. This is a matter that we will continue to monitor and work on in the coming year. PROPOSED 2013 FEDERAL LEGISLATIVE PLATFORM Each fall, the County Administrator’s Office initiates the development of the coming year’s State and Federal Legislative platforms by inviting members of the Board of Supervisors, Department Heads and key staff, and our federal advocate to provide recommended changes or additions to the current Platforms. On October 9, 2012, departments were invited to provide suggested changes to the Platforms by submitting input in writing. CAO staff incorporated all requested amendments to the Federal Platform in a draft document, “Draft 2013 Federal Legislative Platform.” The Legislation Committee reviewed the draft document at its December 3, 2012 meeting and recommends its adoption to the Board of Supervisors. (Attachment A, the Proposed 2013 Federal Legislative Platform.) The Proposed 2013 Federal Legislative Platform includes 12 funding needs identified for FFY 2014; 4 requests for the reauthorization of the federal transportation act; and 6 requests for the reauthorization of the Water Resources Development Act. FEDERAL RELATED FUNDING NEEDS Due to the ban on federal earmarks that was implemented for FFY 2011, appropriations for specific projects will likely not be included in budget bills for FFY 2013 or 2014. However, there is dissatisfaction among some congressional members with the ban. Therefore, while it is unlikely that appropriations requests will be considered in budget bills for FFY 2014, the year for which the County identifies its federal funding needs, the County should nevertheless express its federal funding needs to its congressional delegation. In addition, because the federal transportation bill enacted as a replacement to SAFETEA-LU was only a two-year bill, Congress could start work in 2013 on a longer-term reauthorization bill that could include earmarks—and the County should be prepared for that. Therefore, our federal advocate, Alcalde & Fay, recommends that we identify specific projects, whether transportation or other, that tells our delegation what our federal needs are, helps us identify specific federal programs for which we need to seek program increases or, at least, protect against cuts, and helps the County look for federal grants to address the specified needs. Changes from the 2012 Federal Platform: • Rename the section from “Federal Appropriations Requests” to “Federal Related Funding Needs” in recognition of the ban on earmarks. • Minor text changes to various projects, updating funding needs and project descriptions. • Removal of project #13: Grayson & Murderer’s Creeks. A federal study has determined that there is not federal interest in continuing the project due to an insufficient benefit-cost ratio. A locally-focused, sub-regional project will be pursued with the City of Pleasant Hill. REAUTHORIZATION OF FEDERAL TRANSPORTATION ACT After months of delay and uncertainty surrounding the prospects for a new long-term transportation reauthorization bill, the House and Senate came to an agreement this past year on a two-year highway and transit package (HR 4348). The bill, called the Moving Ahead for Progress in the 21st Century Act (MAP-21), authorizes federal transportation investment through September 30, 2014. All told, the new transportation bill is expected to cost roughly $120 billion. Highway and transit formula programs will continue to be funded with contract authority, meaning the programs are insulated from the uncertainty of the annual appropriations cycle. Transit new starts, research programs, and administrative expenses will continue to be funded through the federal general fund via the appropriations process. Under MAP-21, about 60 programs are either eliminated or consolidated into the following four “core” programs: the National Highway Performance Program; STP; CMAQ; and, HSIP. Because MAP-21 will expire at the end of FFY 2014, it is possible that Congress will take up the development of a new bill or consider the extension or reauthorization of MAP-21 in 2013. Therefore, staff recommends that the County continues to advocate for its federal transportation project and program needs as identified. Changes from the 2012 Federal Platform: • Minor text changes. REAUTHORIZATION OF WATER RESOURCES DEVELOPMENT ACT (WRDA) Changes from the 2012 Federal Platform: • Minor text changes to project #2 Mt. Diablo Mercury Mine. • Addition of a new project request: #6: Walnut Creek, Select Deauthorization- The Contra Costa County Flood Control and Water Conservation District is seeking to deauthorize the downstream portion of the Army Corps’ Walnut Creek project. The Flood Control District has been working with the Corps since 2002 on a Feasibility Study to re-evaluate and modify the lower portion of the Walnut Creek channel. Deauthorization of a select portion of the Corps’ Walnut Creek project would allow the Flood Control District to move forward with a more cost effective modification project than through the Corps process to modify this same portion of the channel. (p. 7) APPROPRIATIONS AND GRANTS SUPPORT POSITIONS Changes from the 2012 Federal Platform: • Minor text changes. 2013 FEDERAL PLATFORM POLICY POSITIONS Changes for the 2013 Federal Platform: • Text change to Community Development Block Grant and HOME Programs policy: “The County’s ability to continue funding to a variety of nonprofit agencies that provide critical safety net services to lower income residents, including financing the development of affordable housing, is threatened by further cuts as part of the Budget Control Act (Act) passed by Congress in July 2011. The Act established mandatory spending caps on most federal programs through 2021, and arranged additional across-the-board annual spending cuts to federal defense and non-defense discretionary (NDD) programs over this same period. Included in non-defense discretionary programs are critical local government oriented programs including the CDBG and HOME programs. These programs are successful and productive, leveraging significant funding from non-federal sources to help spur economic development. The County agrees that reducing the federal deficit is an important component of achieving long-term national economic stability, but targeting solely NDD programs like the CDBG and HOME programs will not achieve significant reductions and will hinder the County’s ability to provide critical services to its most vulnerable populations. The County will continue to oppose any further reductions in the CDBG and HOME programs as part of the Budget Control Act or any other means.” (p. 12) • Add policy: "Levee Restoration and Repair– The County will support legislation such as H.R. 6484, the SAFE Levee Act (Garamendi, CA 10th), which will authorize the U.S. Department of the Interior to invest in Delta levee repairs, for all levees that are publicly owned or publicly maintained. The bill also requires a cost-benefit analysis for the tunnel project being planned as part of the Bay-Delta Conservation Plan." (p. 15) • Text change to San Luis Drain policy to add: “A federal court ruling found that Reclamation does not have to build the Drain, but simply has to provide some way of dealing with the contaminated agricultural runoff water. However, that ruling is under challenge in the 9th Circuit Court of Appeals by water interests who want the Drain built.” (p. 17) • Add policy: "State Criminal Alien Assistance Program (SCAAP) (p. 17) – On May 23rd, the Department of Justice (DOJ) announced a change in the State Criminal Alien Assistance Program (SCAAP) that will prohibit SCAAP funds from being used to reimburse localities for foreign-born criminal aliens housed in jails that have been classified as “unknown inmates” by the Department of Homeland Security’s Immigration and Customs Enforcement (ICE) agency. This is a significant change to the SCAAP reimbursement formula and will heavily impact counties across the nation. The County will support the rescinding of this decision and a reinstatement of the previous reimbursement practice, which would more equitably reimburse jurisdictions for the costs of housing undocumented individuals, including those inmates whose status may be unknown to the Department of Homeland Security. SCAAP provides much needed partial reimbursement assistance to states and localities for the costs associated with the detention and incarceration of undocumented criminal aliens convicted of state and local offenses who have been incarcerated for at least four consecutive days. Although it is the federal government's responsibility to protect and secure the nation's borders, counties incur millions of dollars in un- reimbursed expenses each year as a result of housing undocumented immigrants that violate state or local laws. Additionally, counties are often times responsible for processing and prosecuting illegal aliens, and, in many cases, must provide medical care and other services to these individuals. As a result, a disproportionate share of the criminal justice-related costs associated with illegal immigration impacts county governments, and SCAAP related costs to local jurisdictions continue to rise. In past years, DOJ's Bureau of Justice Assistance (BJA) has provided reimbursement credit to states and localities that have incurred costs for detaining individuals whom they believe to be undocumented criminals; in doing so, the agency has acknowledged the fact that undocumented individuals constitute a high percentage of foreign-born inmates of unknown immigration status because these individuals-who have never before been apprehended and screened by federal immigration agents-will not be in any federal immigration database. By proceeding with the modified payment methodology, BJA would be unilaterally eliminating reimbursement for a significant portion of undocumented inmates in local jail systems, and future SCAAP awards to many local governments would likely be reduced by more than 50 percent nationwide. This added burden will put additional strains on already tight county budgets." 2012 STATE LEGISLATIVE PROGRAM YEAR-END REPORT 2012-13 STATE BUDGET SUMMARY When Governor Brown released his proposed 2012-13 budget in January 2012, the Department of Finance projected a General Fund shortfall of approximately $9.2 billion. By May, the revised budget reflected a deficit increase of $6.5 billion over the January projections for a total of $15.7 billion. The increased budget deficit was attributed to lower than anticipated tax revenues, increased costs to fund K-12 education, as well as court rulings and federal government determinations that prevented implementation of previous budget reductions. Governor Brown signed the 2012-13 Budget Act on June 27, 2012, three days before the fiscal year began on July 1. To close the $15.7 billion budget deficit and adopt a nearly $1 billion reserve, the enacted budget relied on spending reductions, tax increases and other solutions which included the passage of the Governor’s proposed tax initiative. That proposed measure combined the so-called Millionaire’s Tax with the Governor’s original tax proposal, the Schools and Local Public Safety Protection Act (Proposition 30 on the November, 2012 General Election Ballot). It included a temporary quarter cent increase in the state sales tax for four years and increases the personal income tax for seven years on taxpayers earning more than $250,000. The Administration estimated that the measure will generate approximately $8.5 billion in new revenues in 2012-13, with $2.9 billion in funding for schools and community colleges and a net increase of $5.6 billion in General Fund revenues. If voters had rejected the Governor’s initiative, there would have been $6.1 billion in “trigger” cuts going into effect on January 1, 2013. The trigger cuts would have primarily impacted education, both K-12 and higher education, including $50 million in reductions to developmental services. The budget did not specify how the remaining $2.4 billion would be absorbed. PENSION REFORM In the last hours of the 2012 Session, the Legislature approved AB 340 (Furutani-D), the Public Employee Pension Reform Act of 2013 (PEPRA). Signed by the Governor, PEPRA applies to all public employers and public pension plans on and after January 1, 2013. Excluded from the PEPRA requirements are the University of California and stand-alone, independent retirement plans offered by charter cities and counties that do not participate in the California Public Employees' Retirement System (CalPERS) or one of the 1937 Act County Retirement Systems. Any plans approved by voters prior to the implementation of the PEPRA are not impacted. The PEPRA, among other provisions, caps pensionable salaries, establishes equal sharing of pension costs, rolls back retirement ages and formulas, eliminates most double dipping, and eliminates pension “spiking.” The Governor also signed AB 197 (Buchanan-D) which provides some technical clean-up to AB 340, clarifying provisions on member cost sharing and what constitutes compensation earnable income in calculating pension benefits. The two bills represent a significant change in pension law for both newly-hired state and local employees covered by PERS, as well as newly-hired employees of 1937 Act counties with separate retirement systems. The County’s sponsored pension reform proposal to implement recently negotiated collective bargaining agreements (SB 1494 – DeSaulnier-D) was held on the Senate floor and was superseded by these statewide pension reform bills. REDEVELOPMENT Budget Trailer Bill AB 1484, signed into law by the Governor on June 27, 2012, modifies certain provisions within ABX1 26 (Ch. 5, 2011), which dissolved the redevelopment agencies. AB 1484 addresses policies relating to the transfer of housing responsibilities associated with dissolved redevelopment agencies (RDAs) and redefines the term “housing asset.” AB 1484 is very controversial as it gives the Department of Finance the ability to require withholding of successor agency’s property and sales tax when there is a dispute over any particular claim. On September 24, 2012, the League of California Cities filed a lawsuit in the Sacramento County Superior Court challenging AB 1484. The lawsuit contends that AB 1484 contains a property and sales tax “claw-back” and that other provisions violate the California State Constitution, including both Proposition 1A (2004) and Proposition 22 (2010). The Legislature sent to the Governor several measures proposing alternatives to redevelopment financing mechanisms for a variety of community development activities. The Governor vetoed four, stating that they were premature since the winding down of redevelopment was not yet complete. AB 345 (Torres-D) reformed, beginning January 1, 2018, how redevelopment agencies spend their funds for low-income housing; AB 2144 (Perez, J.-D) allowed cities and counties to create Infrastructure Financing District (IFDs); SB 214 (Wolk-D) removed the voter approval requirement for a city or county to create an IFD, to issue bonds, and to set the appropriation limit; and SB 1156 (Steinberg-D) created the “Sustainable Community Investment Authorities,” allowing cities and counties to finance specified activities within a sustainable communities investment area. The Governor did, however, sign AB 1585 (Perez, J.-D) which allows the Department of Housing and Community Development to award $50 million in infill and transit-oriented development programs. STATE RESPONSIBILITY AREA FEES The “fire tax” (Budget Trailer bill ABX1 29), signed into law in 2011, imposed a tax on all habitable properties located within a State Responsibility Area (SRA). The tax is $150 for most properties. However, if a property owner already pays other taxes or assessments, then the tax is reduced to $115. Although there were several attempts to repeal the tax – a referendum sponsored by Senator Ted Gaines (R); AB 1506 (Assembly Member Kevin Jeffries-R) to repeal the SRA fee; and AB 2474 (Assembly Member Wes Chesbro-D) establishing an equitable implementation rate schedule – none was successful. Under the authorizing emergency regulation approved by the Board of Forestry and Fire Prevention (Board), the Board of Equalization (BOE) has begun sending out bills for the new fire fee. The fee bills have generated numerous complaints as many residents already pay local taxes for fire services and see the fee as an unreasonable tax. The Howard Jarvis Taxpayers Association just filed a lawsuit in Superior Court in Sacramento challenging the validity of the SRA fee. The class action complaint was filed against the Board and the BOE challenging the constitutionality of the fee on the grounds it is a tax that required a two-thirds vote in the Legislature but was approved only by a simple majority. Meanwhile, the Board is in the process of making permanent the emergency regulation that will continue the implementation of the SRA Fee program and scheduled a public hearing December 5, 2012. REALIGNMENT The 2011 Public Safety Realignment Plan to move low-level offenders from state prisons to county facilities to comply with the US Supreme Court’s order to reduce prison overcrowding has been in effect for one year. The California Department of Corrections and Rehabilitation (CDCR) have proclaimed that “realignment is good policy and it’s working.” The success for counties, however, is varied, as is the approach each county is taking to implement realignment. Counties are using recently distributed grant funds to handle the transition and are working on developing the policies and procedures to implement public safety realignment at the local level. Whether legislative tweaks will be necessary will clearly depend on the success of this effort. At its inception, funding for realignment was dependent on an annual legislative budget authorization. The necessary 2/3 vote from the Legislature to provide constitutional protection for realignment funding was not possible, especially given that there was opposition to public safety realignment from many in the Republican caucus. Guaranteed funding for realignment was contained in the Governor’s proposal, Proposition 30, which also contained the Governor’s proposed temporary tax increase. The CSAC-proposed constitutional amendment to guarantee realignment funding (for which Nielsen Merksamer served as counsel to CSAC) was dropped at the beginning of 2012 at the request of the Governor, who did not want competing measures, particularly given considerable fundraising challenges. If Proposition 30 had not been approved by the voters in the November 2012 election, realignment funding would have continued to be dependent on the annual state budget process. CAP AND TRADE AB 1532 (Perez) authorizes funds generated by the auction of "cap and trade" credits to be spent on projects promoting clean energy, low-carbon transportation, natural resource protection, and for research, development and deployment of innovative technologies to promote cleaner air. The legislation requires the Air Resources Board to develop an expenditure plan for the revenues. Staff is working with and monitoring the coalition engaged in the development of the plan. Members include the California Association of Counties, League of Cities, Transportation California and the California Alliance for Jobs. LEGISLATIVE ADVOCACY Throughout the entire legislative session, Nielsen Merksamer were actively engaged in representing the County’s legislative positions and participated extensively in the budget process to ensure an appropriate response to statewide issues affecting county government. In addition to reviewing all of the measures the lawmakers introduced, Nielsen Merksamer and County staff actively monitored 53 bills to ensure they were not amended to negatively impact the County. We also followed 57 bills pertaining to the Delta and water. We remain extremely active in responding to bills affecting the Delta in conjunction with the Delta Counties Coalition. 2011 CARRY-OVER LEGISLATION Ten measures from the 2011 legislative session on which the Contra Costa County Board of Supervisors took positions were carried over to the 2012 session. Of the four signed by the Governor, the County supported three and opposed one. Two were vetoed by the Governor; one the County supported and one it opposed. Four measures the County supported failed to reach the Governor. Signed by Governor • AB 296 (Skinner-D) Department of Transportation – Paving Materials (Support) This measure requires the State Environmental Protection Agency to develop a definition for the term Urban Heat Island Effect (UHIE), and upon completion of an UHIE index, to develop a standard specification for sustainable or cool pavements. The bill also requires the State Building Standards Commission to consider incorporating a standard specification for sustainable cool pavement that this bill would require the Department of Transportation to develop in the Cool Pavements Handbook as additional strategies for heat island effect. • AB 792 (Bonilla-D) Health Care Coverage – Health Benefit Exchange (Support) This measure requires a court, upon the filing of a petition for dissolution of marriage, nullity of marriage, or legal separation to provide a specified notice informing the petitioner and respondent they may be eligible for coverage through the Health Care Exchange or Medi-Cal. The bill also requires health care service plans and insurers to provide the same notice to individuals who have ceased to be enrolled in individual or group coverage and requires the same notification to an adoption petitioner. • AB 845 (Ma-D) Solid Waste – Place of Origin (Oppose) This measure prohibits an ordinance enacted by a city or county from otherwise restricting or limiting the importation of solid waste into a privately owned solid waste facility in that city or county based on place of origin. The bill provides this prohibition does not require such facility to accept certain waste or to abrogate certain agreements, and does not prohibit a city, county or regional agency from requiring the facility to guarantee permitted capacity to a host jurisdiction, or supersede or affect land use authority. • AB 890 (Olsen-R) Environment – CEQA Exemption – Roadway Improvement (Support) This measure exempts from provisions of the California Environmental Quality Act concerning environmental impact reports, a project or activity to repair, maintain, or make minor alterations to an existing roadway if the project or activity is carried by a city or county to improve public safety meeting specified requirements. The bill requires a local agency that approves and determines to carry out the project to file a specified notice with the Office of Planning and Research and with the county clerk of the project county. Vetoed by Governor • SB 214 (Wolk-D) Infrastructure Financing Districts – Repeal Approval (Support) This measure would have recast the provisions governing infrastructure financing districts. The bill would have eliminated the requirement of voter approval for creation of the district and bond issuance and authorized the legislative body to create the district. In addition, the bill would have authorized a newly created public financing authority to adopt the infrastructure financing plan and issue bonds by resolution and authorized adoption of joint powers agreements with affected taxing entities. • SB 744 (Wyland-R) Water Submeters – Testing (Oppose) This measure would have provided that any water submeter tested by equipment that is calibrated by tests traceable to specified standards shall be deemed to be sealed and approved for commercial use, if the submeter satisfies certain criteria. The bill would also have provided that no submeter shall be considered to have been put into service prior to its installation if the submeter is to be used in a multiunit residential structure. The bill would have required notification to the county sealer that a meter is placed in service and authorized testing by the county sealer. Failed Passage • AB 931 (Dickinson-D) Environment – CEQA Exemption (Support) The bill attempted to amend CEQA by exempting infill housing projects from meeting a community level environmental review. The scope of the bill exempted residential units, including projects that may be used for neighborhood-serving goods, services, or retail uses to a level that does not exceed a specified percentage of the building square footage and instead authorized the use of a sustainable communities environmental assessment or modified environmental impact report for a transit proximity or employment priority project. • AB 1095 (Buchanan-D) Sacramento-San Joaquin Delta Reform Act – Actions (Support As Amended) This measure would have revised the definition of covered actions under the Sacramento-San Joaquin Delta Reform Act of 2009 and the Johnston-Baker- Andal-Boatwright Delta Protection Act of 1992 to exclude a project or portion thereof with the Delta's secondary zone that complies with a local general plan, and revised such definition under the State Environmental Quality Act regarding any existing drinking water, stormwater, or wastewater, treatment, and a flood control project within the Delta's secondary zone. • SB 301 (DeSaulnier-D) Managed Care Plan Tax – Healthy Families Program (Support As Amended) This bill proposed to extend the tax on the total operating revenue of Medi-Cal managed care plans under the Medi-Cal program. The bill would also have extended the signature requirements for returns that report such tax and repealed the provisions of existing law that requires the transfer of Healthy Families Program enrollees into the Medi-Cal program. • SB 703 (Hernandez, E. –D) Health Care Coverage – Basic Health Program (Support) This bill would have established a Basic Health Program to be administered by the State Department of Health Care Services and required entering into a contract with the federal government to implement the program. The bill specified the duties relative to the eligibility, premiums, and the selection of health plans. REVIEW OF 2012 LEGISLATION The Contra Costa County Board of Supervisors sponsored one measure and took positions on 24 bills in 2012. The County supported 13 bills, supported one in concept, and supported one Resolution. Of these measures, six were signed by the Governor, one was vetoed by the Governor, five failed passage. The measure which was supported in concept failed passage, and the resolution was adopted. The County opposed seven bills, of which one was signed by the Governor, one was vetoed by the Governor, and five failed to pass the Legislature. The County also took a "watch" position on two bills, one was signed by the Governor and one failed passage. In addition, there was one bill the County monitored but determined to stay neutral as a result of actions taken in 2011. Sponsored Legislation – Held on Senate Floor • SB 1494 (DeSaulnier-D) County Employees’ Retirement – Contra Costa County (Sponsor) This bill would have authorized the Contra Costa County Board of Supervisors to negotiate with specified recognized employee organizations representing general members to subject general members to a specified age formula, known as Tier Four, and safety members who are hired on or after a specified date, to a specified age formula. Due to the passage of statewide pension reform legislation, this bill, which was approved by both the Senate and Assembly, was held on the Senate floor on concurrence. Signed by Governor • AB 1436 (Feuer-D) Voter Registration (Oppose) This bill establishes the conditional voter registration for registrants whose information cannot be verified and authorizes a unique identification number. The bill also increases the maximum fine for election-related crimes for which no fine is prescribed. Under this measure, county elections officials are required to offer election day conditional voter registration and provisional voting at their permanent offices and satellite offices. Duplicate registrations must be cancelled and voter fraud penalties are specified. • AB 1540 (Buchanan-D) Sacramento-San Joaquin Delta – Invasive Weeds (Support) This bill designates the Department of Boating and Waterways as the lead agency in cooperating with other agencies in controlling South American spongeplant (Limnobium laevigatum) in the Sacramento-San Joaquin Delta, its tributaries, and the Suisun Marsh. • AB 1640 (Mitchell-D) CalWORKs Benefits – Pregnant Mothers (Support) This measure amends existing law regarding the Temporary Assistance for Needy Families block grant and the state Work Opportunity and Responsibility programs. At any time the Cal-Learn Program is operative, regardless of eligibility for the program, CalWORKs aid must be paid to a pregnant mother who is 18 years of age or younger after verification of pregnancy. Aid is required to be paid in the month in which the birth is anticipated and the 3 months immediately prior to that month. • AB 1656 (Fong-D) San Francisco Bay Restoration Authority (Support) For the purpose of appointing an elected official to the San Francisco Bay Restoration Authority, this bill revises the definition of the East Bay to provide that it consists of the whole Contra Costa County, as well as a specified portion of Alameda County. The bill also authorizes raising funds and awarding grants to public and private entities for eligible projects, including projects, that, among other things, restore, protect, or enhance tidal wetlands, managed ponds, or natural habitat on the San Francisco Bay shoreline. The Delta Primary Zone is excluded from the bill. • AB 1712 (Beall-D) Minors and Nonminor Dependents – Out-of-Home Placement (Support As Amended) This bill includes THP-Plus Foster Care within the definition of a community care facility and makes non-minor dependents eligible for the court- appointed special advocate program. Also makes certain other changes to foster care funding, including providing for certain exemptions from liability for foster care payments. • AB 1916 (Buchanan-D) Sate Parks – Operating Agreements – Mount Diablo Park (Support) This measure authorizes the Department of Parks and Recreation to enter into a restoration agreement with Save Mount Diablo, a nonprofit organization, for the purpose of restoring the beacon on top of the Summit Building in Mount Diablo State Park. • SB 1003 (Yee-D) Open Meetings – Cease and Desist Letters (Active Watch) This measure amends the Ralph M. Brown Act regarding open meetings and prohibits a district attorney or an interested person from filing an action for an alleged violation of the Act for past actions of a legislative body, unless certain conditions are met. Those conditions include the submission of a cease and desist letter to the accused body and a refusal by the legislative body to issue an unconditional commitment to cease and desist after receiving the letter. The bill specifies the contents of the cease and desist commitment contents. • SB 1387 (Emmerson-R) Metal Theft (Support) This bill prohibits any junk dealer or recycler from possessing a fire hydrant or fire department connection, including bronze or brass fittings or parts, a manhole cover or lid, or any part of that cover or lid, or a backflow device and connections to that device, that was owned by a public entity or private utility, without a written certification on the letterhead of the entity that owns or previously owned the material and that the entity has sold such material. The bill also provides for a criminal fine for violations. Adopted Resolution • SJR 15 (DeSaulnier-D) Harbor Maintenance Tax – Trust Fund Surplus (Support) This Resolution urges the President and Congress to significantly increase federal funding from the Harbor Maintenance Trust Fund surplus for navigational improvements and continued operational and maintenance dredging in those federal channels that serve California's ports, and to recognize the role of the state's ports in contributing to the greatest share of the Harbor Maintenance Tax revenues. Vetoed By Governor • AB 2451 (Perez, J. – D) Workers’ Compensation – Firefighters (Oppose) This bill would have extended the existing 240 week statute of limitations to 480 weeks for proceedings related to the collection of death benefits of firefighters and peace officers for cancer, tuberculosis, and blood-borne infectious diseases. • SB 1156 (Steinberg – D) Sustainable Communities Investment Authority (Support) This bill would have authorized certain public bodies of a Sustainable Communities Investment Area to form an authority to carry out the Community Redevelopment Law. In order to participate, the bill would have required the authority to adopt Sustainable Communities Investment Plan for the area and to include in the plan a provision for the receipt of tax increment funds provided certain economic development and planning requirements are met. Existing prevailing wage requirements would have applied to the plan area projects. Failed Passage • AB 1592 (Olsen-R) Veterans – Benefits – Fee Waiver (Support) This bill would have authorized the governing board of a county or city to grant financial assistance, relief and support to disabled veterans by waiving service-related fees charged by the county or city. • AB 1691 (Lowenthal, B. – D) CalWORKs – Welfare-to-Work Activities (Support) This bill would have included as a core welfare-to-work activity English as a second language education. • AB 1709 (Mitchell-D) Juveniles – Jury Trial (Oppose) This bill would have required that a youth who is 16 years of age or older at the time of the commission of an offense that could be used as a future felony conviction under the Three Strikes law be entitled to a jury trial in the juvenile court. • AB 1813 (Buchanan-D) Sacramento-San Joaquin Delta Reform Act of 2009 (Support in Concept) This bill would have required that a system of Sacramento-San Joaquin Delta watershed diversion data collection be established and would have required the Department of Water Resources to determine the Net Delta Outflow Index. The bill would have further required that the new flow criteria be used to ensure there is no degradation in water quality in Delta channels and to replicate certain conditions with regard to fish populations. • AB 1827 (Bonilla-D) Infrastructure Financing Districts (Support) This bill would have authorized a military base reuse authority to form an infrastructure financing district for purposes of financing public facilities and issuing bonds. • AB 1831 (Dickinson-D) Local Government - Hiring Practices (Watch) Prohibits a local agency from inquiring into or considering the criminal history of an applicant or including any inquiry about such history on any initial employment application. Authorizes an agency to inquire into or consider an applicant's criminal history after the applicant's qualifications have been screened it has been determined the applicant meets the employment requirements. Provides these provisions do not apply to a position requiring such history check or a criminal justice agency position. • AB 1884 (Buchanan-D) Sacramento-San Joaquin Delta Reform Act – Covered Action (Support) This bill would have clarified the authority of the Delta Stewardship Council by excluding from the definition of “covered action” specified plans, programs, projects, or activities within the secondary zone that have received environmental certification under the California Environmental Quality Act or otherwise have invested rights as of the effective date of the Sacramento-San Joaquin Delta plan, or both. • AB 1901 (Jones-R) Counties – Construction Projects – Design-Build (Support) This measure would have authorized counties to use alternative procedures known as design-build for bidding on construction projects in the county by revising the dollar limitation on this authorization so that it applies to projects in excess of $1 million instead of the existing limitation to projects in excess of $2.5 million. • AB 2002 (Cedillo-D) Medi-Cal- Managed Care – Safety Net Provider (Oppose) For purposes of assigning an eligible Medi-Cal beneficiary to a managed care plan when the beneficiary fails to select a plan, this bill would have provided that the term safety net provider included additional clinics and medical care providers. • AB 2096 (Perez, V.-D) Public Health Care – Medi-Cal – District Hospitals (Oppose) This bill would have distributed additional funds from the Safety Net Care Pool (SNCP) to non-designated public hospitals in an amount proportionate to the uncompensated care provided, thereby shifting funds from public hospitals such as the Contra Costa Regional Medical Center and Health Centers, that serve extraordinarily large numbers of low-income and uninsured patients. • AB 2304 (Garrick-R) Pets – Cosmetic Teeth Cleaning (Oppose) The bill would have excluded the use of non-motorized instruments for cosmetic purposes to remove calculus, soft deposits, plaque, or stains from a household pet’s teeth from the definition of a veterinary dental operation if the person performing the service first obtains written permission. • SB 1363 (Yee-D) Juveniles – Solitary Confinement (Oppose) This bill would have provided that a minor or ward who is detained in, or sentenced to, any juvenile facility, or other secure state or local facility, shall not be subject to solitary confinement unless the minor or ward poses an immediate and substantial risk or harm to others or to the security of the facility and all other less-restrictive options have been exhausted. Neutral/Failed Passage • AB 904 (Skinner-D) Local Government – Parking – Requirements (Neutral) Prohibits a city or county from requiring a minimum number of off-street parking spaces in transit-intensive areas. The County remained neutral on AB 904 as its concern was resolved in AB 710 (Skinner-D) in 2011. The County took an oppose unless amended position when Assemblymember Skinner first introduced AB 710, which dealt with parking standards around Transit-Oriented Developments (TODs). We worked with Assemblymember Skinner to address the County’s concerns that applying a uniform parking cap on all areas specified in the legislation did not address unique characteristics and diverse needs of TODs. The bill was amended to allow cities and counties to require higher minimum parking standards if a parking utilization study had been completed with the last 24 months, as specified. With these new conditions for parking requirements in transit intensive areas, the County moved to a neutral position. When AB 710 failed to move in 2011, Assemblymember Skinner amended the same language into AB 904, but the bill was never approved by Senate Governance and Finance Committee. PROPOSED 2013 STATE LEGISLATIVE PLATFORM Each fall, the County Administrator’s Office initiates the development of the coming year’s State and Federal Legislative platforms by inviting members of the Board of Supervisors, Department Heads and key staff to provide recommended changes or additions to the current Platforms. On October 9, 2012, staff met with our State lobbyist and/or provided suggested changes to the Platforms by submitting input in writing. Staff also participated in the Urban Counties Caucus “Key Staff” meeting on the development of UCC Priorities and Policies for 2013, which informed the County’s Draft 2013 State Platform. The Legislation Committee reviewed the draft 2013 State Legislative Platforms at their November and December 2012 meetings and recommends adoption of the Proposed Platform to the Board of Supervisors. (Attachment B, Proposed 2013 State Legislative Platform) Subsequent to these meetings, department staff contacted the CAO's office regarding legislative support for the following issue areas. While is it not recommended that the County sponsor (or support, as the case may be) specific legislation related to these issues at this time, the County will be seeking coalition support and possibly CSAC sponsorship of bills that could resolve these statewide problems: • Legislation for Stormwater and Urban Runoff To Fund Flood Protection and Water Quality Services: The ultimate objective for proposed stormwater legislation is to provide an exemption for funding stormwater services similar to the way Sanitary District and Water Districts are able to currently fund their infrastructure services. When Proposition 218 was written, an exemption was included for water, refuse collection and wastewater services. Gas and electric services were also exempted. Currently when cities or counties propose a funding measure, they often choose a mail-in ballot with a 50% majority vote threshold approval. This is due to public support often being less than 2/3 for these types of services. It is hard for agencies providing water quality and flood protection stormwater services to have the same level of public support as transportation, fire or police which tend to be in the public conscious on almost a daily basis. If the voting threshold for a parcel tax was reduced to a 50% majority vote, that would be a positive step for passing stormwaterwater quality and flood protection funding measures. • Successor Housing Agency Funding Gap for Administrative Costs: The Redevelopment Dissolution Act allows Successor Agencies a modest allowance of tax increment funds to support Successor Agency administrative costs. There is no such carve out for Housing Successors. However, unlike Successor Agencies, Housing Successors have an ongoing obligation to monitor existing affordable housing developments. These obligations will continue for up to 55 years. The County has exhausted its administrative remedies with the Department of Finance (DOF) to get property tax funding for these monitoring costs. Some localities are suing DOF over the affordable housing costs shifted to Housing Successors through the Redevelopment Dissolution Act. The County’s Proposed 2013 State Legislative Platform supports efforts to address the affordable housing funding gap created by the Redevelopment Dissolution Act. • Elections Code Amendment Related to Tabulating Write-in Votes: Notwithstanding any other provision of law, support a change to Elections Code so that the Election official shall not tabulate write-in votes for any qualified contest unless the total number of write-in votes for that contest, based upon Semi-Official Election Night results, is equal to or greater than 5% of the total vote required to win that contest. This will eliminate wasteful hand/machine processing of ballots with votes for a qualified write-in candidate that has no chance of winning. This would save days of work, which usually takes place at the end of the canvass. Hundreds of hours of staff time would be saved (Contra Costa would save 640 hours and $15,000, Statewide approximately $500,000). At this time, the County would not be sponsoring legislation in the 2013 session. LEGISLATIVE/REGULATORY ADVOCACY PRIORITIES The proposed Legislative Priorities for 2013 remain largely the same as those in 2012. Changes from the 2012 State Platform: 1. The State Budget priority has been updated to reflect the latest state budget information from the Administration and the Legislative Analyst’s Office. 2. The Health Care priority has been amended to expand on the implementation of national health care reform. 3. Minor amendments were made to the Water and Levees /The Sacramento-San Joaquin Deltapriority to reflect the current status of efforts. 4. Amendments have been made to Realignment Implementation to reflect the current status of Realignment efforts and the passage of Proposition 30 constitutional protections. STATE PLATFORM POLICY POSITIONS Changes from the 2012 State Platform: Agricultural Issues • Add to policy # 4 which addresses invasive species in the Delta: "This includes support for efforts by the Department of Boating and Waterways to secure multi-year permits for eradication of multiple species of invasive weeds in the Delta." (p. 5) • Add policy # 5. "SU CLERK'S ADDENDUM Speaker: Rollie Katz, Public Employees' Union Local One. ADOPTED recommendations with a modification to Item No. 43 to now read: “SUPPORT a reduction in the 2/3 vote requirement for special taxes that fund improvements to health, education, economic outcomes, public safety and stormwater.” Supervisor Piepho noted for the record that she favors a 55 percent majority versus a simple majority. AgendaQuick©2005 - 2022 Destiny Software Inc., All Rights Reserved Proposed 2013 Federal Platform 2013 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 2013 Federal Legislative Platform includes 12 funding needs for FFY 2014; 4 requests for the reauthorization of the federal transportation act; and 6 requests for the reauthorization of the Water Resources Development Act . FEDERAL RELATED FUNDING NEEDS 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 Pr esident’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 – $3,000,000 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; $0 since.) 2. Safe and Bright Futures for Children Exposed to Domestic Violence – $400,000 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 is working to align and create a system responsive to the needs of children exposed to domestic violence through identification, early intervention; raising awareness; training professionals; utilizing and disseminating data; establishing consultation teams to support providers in intervening and u sing best practices; and developing targeted services. Exposure to domestic violence reshapes the human brain and is the primary cause of trauma in children’s lives. It influences personality, shapes personal skills and behaviors, impacts academic perfor mance, and substantially contributes to the high cost of law enforcement, civil/crimina l justice and social services. Exposure to domestic violence is associated with greater rates of substance abuse, Proposed 2013 Federal Legislative Platform Contra Costa County 2 mental illness, and adverse health outcomes in adulthood, and substantially contributes to the high 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 for the Army Corps of Engineers to complete the Technical Planning Process for the Mt. Diablo Mercury Mine Clean-up 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 stak eholders 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. Several phases of the planning process have been completed, and this appropriation will allow the Corps to continue the planning process, which will include looking at watershed issues downstream of the mercury mine. The mine site is located on private property on the northeast slope of Mt. Diablo at the upper end of the Marsh Creek watershed. (Note: $517,000 appropriated in FFY 2008.) 4. Bay-Delta Area Studies, Surveys and Technical Analysis – $2,500,000 for the Delta Counties Coalition to carry out technical analysis and planning associated with participation in the Bay-Delta Conservation Plan (BDCP) or implementation of any projects resulting from the Plan. The technical analysis and planning will focus on issues related to the planning of water delivery projects and conservation plans that are included in the BDCP. 5. Lower Walnut Creek, California – $600,000 for the Army Corps of Engineers to 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; $0 since.) 6. CALFED Bay Delta Reauthorization Act Levee Stability Improvement Program (LSIP) – $8,000,000 for the Army Corps of Engineers for levee rehabilitation planning and project implementation. 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 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 – $11,000,000 for the Army Corps of Engineers for maintenance dredging of this channel to the authorized Proposed 2013 Federal Legislative Platform Contra Costa County 3 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 – $2,500,000 for the Army Corps of Engineers 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 – $2,900,000 for the Army Corps of Engineers to continue the Deepening Project. Deepening and minor realignment 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; $0 for FFY 2011; $800,000 for FFY 2012.) 10. Contra Costa County’s VHF Public Safety Radio System – $1,063,200 for Contra Costa County operation of a VHF Public Safety Radio System serving several governmental agencies (including emergency medical services) within the county. This system will soon become a backup (VHF overlay) to the East Bay Regional Communication System (EBRCS) once that system is completed and actuated. To comply with upcoming Federal Communications Commission (FCC) narrow band requirements, the VHF system must be upgraded to ensure seamless compatibility with certain aspects of the EBRCS, should that system fail. To prevent the VHF system from being compromised, several significant security enhancements are necessary at various site locations. This includes camera monitoring and alert systems. 11. State Route 4 / Old River Bridge Study – $1,000,000 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 narr ow, 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 Proposed 2013 Federal Legislative Platform Contra Costa County 4 project would improve safety and traffic flow over the bridge. (Note: no appropriations for this project as yet.) 12. Knightsen/Byron Area Transportation Study - $300,000 to re-evaluate the Circulation Element of the County General Plan (GP) to improve its consistency with the Urban Limit Line (ULL) and related policies that ensure preservation of non-urban, agricultural, open space and other areas identified outside the ULL. Policies will be evaluated to provide a more efficient and affordable circulation system for the study area, serve all transportation user-groups, support the local agricultural economy and accommodate the commuter traffic destined for employment centers outside the study area. Zoning and development regulations would be updated to implement the study recommendations. REAUTHORIZATION OF FEDERAL TRANSPORTATION ACT The prior federal transportation policy and spending act, the Safe, Accountable, Flexible and Efficient Transportation Equity Act – A Legacy for Users (SAFETEA-LU), expired in 2009. Through continuing resolutions SAFETEA-LU was renewed on ten occasions until the new program, Moving Ahead for Progress in the 21st Century Action (MAP-21) - a two year bill – was signed into law on July 6, 2012. MAP-21 is a 27-month bill that will go through September 30, 2014. Staff will monitor progress on development of a new bill or reauthorization of MAP-21 which will be needed by FFY 2015. The following are priority projects for which funding will need to be secured in the next multi-year transportation bill. 1. Vasco Road Safety Improvement Project -- $18 million 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. 1.b Vasco Road Safety Improvement Project Continuation -- $30 million for improvements to the remaining 9 miles of accident-prone sections of Vasco Road. Alameda County has been working on constructing improvements in their jurisdiction and it would be desirable for the two counties to work together to complete the gap left in the concrete median barrier near the County line. In addition to completing this gap, Contra Costa desires to extend the concret e median barrier further north of the recently completed median barrier project to the Camino Diablo Road intersection. 2. North Richmond Truck Route -- $25 million to construct a new road or other alternate access improvements 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 Proposed 2013 Federal Legislative Platform Contra Costa County 5 Regional Trail, stimulate economic development in the industrial area of the community and provide a better route for trucks traveling t o and from the Richmond Parkway. The alignment was developed through a community planning process funded through an Environmental Justice planning grant from Caltrans. 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 including facilities and projects improving access to existing or planned transit stations. 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 transit supportive network of East Contra Costa trails in unincorporated County areas and the cities of Antioch, Brentwood, Oakley and Pittsburg. 4. eBART Extension Next Phase Study/Environmental and Engineering -- $10 million for environmental review and engineering work on the project identified in the Bay Area Rapid Transit District’s (BART) eBART Next Segment Study in eastern Contra Costa County. With regard to additional stations and eBART rail corridor alignment tasks may include, but not necessarily be limited to, completion of environmental review, and partial completion of engineering. Additional work may include, but not necessarily be limited to, evaluation and refinement of alignment and stations, development of capital and operating costs, land use analysis, completion of environmental review including appropriate mitigations, development of preliminary engineering, and public outreach. (Potential Program: FTA – New Starts, FHWA/FTA Congestion Mitigation and Air Quality)  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 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.  Transportation Funding for Disabled, Low-income, and Elderly Persons – 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. The County supports continuation and increased funding levels for federal funding programs dedicated to transit services for these population groups. All of the Proposed 2013 Federal Legislative Platform Contra Costa County 6 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.  Highway Bridge Program – The County supports the continuation of the Highway Bridge funding program that will provide funds for rehabilitating and replacing our aging bridges. The County has several aging bridges with deficient sufficiency ratings. Without federal transportation funding, these expensive projects would be deferred because they often exceed the County’s funding capacity. Many of the bridges are on critical commute corridors, goods movement corridors, in ter-regional routes, and farm to market routes. Failure of these important transportation assets can cause major disruptions to the transportation network. 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. Senator Boxer proposed a new draft WRDA bill in November 2012. The following are prioritized projects the County would submit for inclusion as the bill moves forward. 1. Army Corps Vegetation Policy – Proposed amendments to 1996 Water Resources Development Act, Section 202: Flood Control Policy, (g) Vegetation Management Guidelines include the following: Engineering Technical Letter 1110-2-571 is suspended until that time a new policy is adopted. The policy guidelines shall be revised in accordance with the following: (A) Levee vegetation management guidelines shall represent regional variations based on a process that includes consultation with federal and state resource agencies, and preparation with local and state flood control agencies and corps districts. (B) Guidelines must undergo independent peer review which evaluates the structural and natural resource functions of vegetation on levees and the risks and benefits to the levee structure. (C) Guidelines and exemptions to them shall provide for protection of riparian and aquatic resources, reduction of costs and other community impacts in balance with public safety. (D) Existing projects in which the Corps has integrated vegetation into levees and floodwalls to meet project objectives and regulatory requirements shall be exempt from the guidelines. 2. Mt. Diablo Mercury Mine Clean-up – Authorize the Army Corps of Engineers, through their Remediation of Abandone d 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 authorization will allow the Corps to fund elements of the mine remediation project that any responsible parties cannot. This would also allow the Corps’ RAMS program 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 , Remedial Investigation, design and project construction. Proposed 2013 Federal Legislative Platform Contra Costa County 7 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 standa rd concentration of 0.5 ppm. 3. Sacramento San Joaquin Delta Infrastructure Improvements – Contra Costa County, together with the four other Delta counties of Sacramento, San Joaquin, Solano and Yolo, has requested authorization for the Army Corps of Engineers to repair infrastructure in the Delta. This includes levees rehabilitation projects 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 amon g 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 project is 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 th e 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. 4. 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 chan nel 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. 5. 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. 6. Walnut Creek, Select Deauthorization – The Contra Costa County Flood Control and Water Conservation District is seeking to deauthorize the downstream portion of the Proposed 2013 Federal Legislative Platform Contra Costa County 8 Corps’ Walnut Creek project. The Flood Control District has been working with the Corps since 2002 on a Feasibility Study to re-evaluate and modify the lower portion of the Walnut Creek channel. Deauthorization of a select portion of the Corps’ Walnut Creek project would allow the Flood Control District to move forward with a more cost effective modification project than through the Corps process to modify this same portion of the channel. APPROPRIATIONS AND GRANTS – SUPPORT POSITIONS The following support positions are listed in alphabetic order and do not reflect priority order. Please note that new and revised positions are highlighted and in italics. 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. East Bay Regional Communication System (EBRCS) – A project to build the East Bay Regional Communication System (EBRCS), a P25 Radio System infrastructure for Contra Costa and Alameda County. This system will provide interoperable voice communication in both the 800 MHz and 700 MHz frequencies to all publi c safety and public services agencies within Contra Costa County and Alameda 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 Proposed 2013 Federal Legislative Platform Contra Costa County 9 everyday interoperable communications, not just various levels of interoperability during big events or disasters in which radio caches are deployed or gateway devices used. Energy Efficiency & Conservation Block Grant (EECBG) Program – Advocate/support funding up to or above the authorized amount of $2 billion for the EECBG Program established and authorized under the Energy Independence and Security Act (EISA) of 2007. The County’s ability to continue offering programs/services improving energy efficiency and conservation while also creating jobs is contingent upon additional federal funding being appropriated to the EECBG Program in 2012 and beyond. Contra Costa and other local governments have identified and designed many successful programs and financial incentives targeting both the private and public sector which are now being implemented using EECBG funding authorized through the ARRA of 2009. Funding for the EECBG program is necessary to ensure the nation’s local governments can continue their leadership in creating clean energy jobs, reducing energy consumption and curbing greenhouse gas emissions. Kirker Pass Road Truck Climbing Lane – $10 million 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 – $85 million 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 funding for the Fund to be restored to $85 million, the 2010 funding level. This will provide much needed support to regional HCPs in California and nationally, including the East Contra Costa County HCP. Given the prolific growth in the number of regional HCPs, the Fund needs to be increased even more substantially in subsequent years. The East Contra Costa County HCP has received $33.5 million from the Cooperative Endangered Species Conservation Fund in the past seven years and continuing this grant support is of vital importance to the successful implementation of that Plan. The County will also request that the Cali fornia State Association of Counties (CSAC) include this Fund increase as a priority on CSAC’s federal platform. San Francisco Bay Improvement Act – $1 billion restoration bill authored by Congresswoman Jackie Speier in 2010 but not passed. The bill, if passed, will help finance restoration of more than 100,000 acres of the Bay's tidal wetlands. Funds from the bill would implement a restoration plan that was adopted in 1993. In addition to benefits for fish and wildlife, wetlands restoration will create new jobs and provide regional economic infusions, as well as protect against the effects of sea level rise on the Bay's shores. Proposed 2013 Federal Legislative Platform Contra Costa County 10 Sacramento-San Joaquin Delta National Heritage Area – a bill authored by Senator Dianne Feinstein in 2010 but not passed. The bill, if passed, will authorize and fund a National Heritage Area (NHA) for the Sacramento-San Joaquin Delta. The NHA designation would be a first step in providing federal resources to agencies in the Delta for economic development and environmental protection. Contra Costa County supports the legislation and participated in a feasibility study for the NHA through our seat on the Delta Protection Commission, which completed the study in 2012. Vasco Road-Byron Highway Connector – $30 million 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 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. 2013 FEDERAL LEGISLATIVE PLATFORM POLICY POSITIONS The following support positions are listed in alphabetic order and do not reflect priority order. Please note that new and revised policy positions are highlighted and in italics. 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 and funding for full implementation of the Homeless Emergency and Rapid Transition to Housing (HEARTH) Act of 2009. The County supports funding the National Affordable Housing Trust Fund. Resources made available through the Trust Fund 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 Proposed 2013 Federal Legislative Platform Contra Costa County 11 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). 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 beneficia l 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 fo r 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.  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.  There are approximately 10,450 Early Head Start (0-3) and Head Start (3-5) eligible children in Contra Costa County (US Census Bureau 2008 American Community Survey). This is comprised of 6,793 Early Head Start eligible children and 3,675 Head Start eligible children. The County’s funded enrollment is equal to only 21% of the county’s eligible Head Start and Ea rly Head Start Children. The County would like to see at least 50% of eligible Head Start and Early Head Start children enrolled in Head Start and Early Head Start program . Child Support –The County will advocate for the following federal actions:  Eliminate the $25 fee for non-IV-A families. Proposed 2013 Federal Legislative Platform Contra Costa County 12  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. 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 th ese 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 funding to a variety of nonprofit agencies that provide critical safety net services to lower income residents, including financing the development of affordable housing is threatened by further cuts as part of the Budget Control Act (Act) passe d by Congress in July 2011. The Act established mandatory spending caps on most federal programs through 2021, and arranged additional across -the-board annual spending cuts to federal defense and non-defense discretionary (NDD) programs over this same period. Included in non-defense discretionary programs are critical local government oriented programs including the CDBG and HOME programs. These programs are successful and productive, leveraging significant funding from non -federal sources to help spur economic development. The County agrees that reducing the federal deficit is an important component of achieving long -term national economic stability, but targeting solely NDD programs like the CDBG and HOME programs will not achieve significant reductions and will hinder the County’s ability to provide critical services to its most vulnerable populations. The County will continue to oppose any further reductions in the CDBG and HOME programs as part of the Budget Control Act or any other means. Proposed 2013 Federal Legislative Platform Contra Costa County 13 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 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. 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 India n 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 co unty; 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 reven ues 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 Proposed 2013 Federal Legislative Platform Contra Costa County 14 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 action and/or 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 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., a ll 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. Habitat Conservation Planning – The County will advocate for elevating the profile of Habitat Conservation Plans (HCPs) such as the East Contra Costa County HCP within Congress and Administration so that these critical federal/state/local partnerships can receive necessary attention and support. HCPs are flagship programs for the federal government and supporting effective implementation of approved HCPs should be a top priority for the U.S. Department of the Interior and U.S. Fish and Wildlife Service and HCPs should be a key tool in any federal cl imate change or economic stimulus legislation. Health – 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 Proposed 2013 Federal Legislative Platform Contra Costa County 15 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 Levee Restoration and Repair – The County will support legislation such as H.R. 6484, the SAFE Levee Act (Garamendi, CA 10th), which will authorize the U.S. Department of the Interior to invest in Delta levee repairs, for all levees th at are publicly owned or publicly maintained. The bill also requires a cost -benefit analysis for the tunnel project being planned as part of the Bay-Delta Conservation Plan. Pension – The County will support legislation that would modify the Internal Revenue Code and corresponding regulations to permit public employees to make an irrevocable election between their current pension formula and a less rich pension formula. In 2006, Contra Costa County and the Deputy Sheriff’s Association jointly obtained state legislation that would allow members of the Association to make a one -time irrevocable election between their current pension formula and a less rich pension formula, called Tier C. Orange County and its labor organizations obtained similar legislat ion in 2009. However, neither County has been able to implement this state legislation because such elections currently have negative tax consequences for employees and for retirement plans under federal tax law as interpreted by the Internal Revenue Service. Like many local government entities nationwide, the County’s fiscal position would benefit greatly from reduced pension costs. Allowing local government entities to implement collective bargaining agreements and state legislation that permits employees to elect less rich pension formulas would be a significant step in reducing pension costs. Public Housing Programs – The County will support legislation that results in the transformation of existing programs to improve their effectiveness and effi ciency, in tandem with the design of new and innovative responses, both to build upon recent progress and address outstanding issues. The County will support legislation to protect the nation’s investment in Public Housing.  Enact affordable housing industry proposal to allow public housing agencies (PHAs) to voluntarily convert public housing units to Section 8 project -based rental assistance in order to preserve this vital component of the national Proposed 2013 Federal Legislative Platform Contra Costa County 16 infrastructure.  Oppose the Administration’s proposal to impose a $1 billion offset against the operating reserves of responsible, entrepreneurial PHAs.  Support the revitalization of severely distressed public housing units.  Address safety and security concerns connected to drug-related crime. The County will support legislation to preserve vital community and economic development programs  Fully fund the Community Development Block Grant Program in order to create and save jobs, revitalize local economies, and support critical services for vulnerable populations.  Maintain funding for HUD’s cost-effective economic development tools. The County will support legislation to strengthen and simplify the Section 8 Rental Assistance programs  Provide adequate funding for Housing Assistance Payment contract renewal s and ongoing administrative fees.  Enact the Section Eight Voucher Reform Act (SEVRA).  Implement overdue regulatory and administrative revisions that ensure the efficient use of program funds. The County will support legislation to expand Affordable Housing Opportunities and combat homelessness  Fully fund the Home Investment Partnerships Program and HUD’s homeless assistance programs.  Capitalize the Housing Trust Fund through a revenue-neutral approach.  Preserve and strengthen the Low Income Housing T ax Credit Program. The County will support legislation to foster innovation, increase efficiency, and streamline the regulatory environment  Promote reasonable and flexible federal oversight.  Incentivize green building and increased Energy Efficiency.  Support HUD’s ongoing transformation efforts.  Ensure that HUD releases and distributes federal funding in a timely manner. Proposed 2013 Federal Legislative Platform Contra Costa County 17  Eliminate statutory and regulatory barriers that prevent PHAs and redevelopment authorities from accessing federal programs they are qua lified to administer. 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 usuall y 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 ob ligations. 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 concentr ations 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. A federal court ruling found that Reclamation does not have to build the Drain but simply has to provide some way of dealing with the contaminated agricultural runoff water. However, that ruling is under challenge in the 9 th Circuit Court of Appeals by water interests who want the Drain built. The injunction requiring provision of some type 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 wi th severe drainage impairment (purchased from willing sellers); and reclaiming/removing solid salts through treatment, bird safe/bird free solar ponds and farm-based methods. State Criminal Alien Assistance Program (SCAAP) – On May 23rd, the Department of Justice (DOJ) announced a change in the State Criminal Alien Assistance Program (SCAAP) that will prohibit SCAAP funds from being used to reimburse localities for foreign-born criminal aliens housed in jails that have been classified as “unknown inmates” by the Department of Homeland Security’s Immigration and Customs Enforcement (ICE) agency. This is a significant change to the SCAAP reimbursement formula and will heavily impact counties across the nation. The County will support the rescinding of this decision and a reinstatement of the previous reimbursement practice, which would more equitably reimburse jurisdictions for the costs of housing undocumented individuals, including those inmates whose status may be unknown to the Department of Homeland Security. SCAAP provides much needed partial reimbursement assistance to states and localities for the costs associated with the detention and incarceration of undocumented criminal aliens convicted of state and local offenses who have been incarcerated for at least four consecutive days. Although it is the federal government's responsibility to protect and Proposed 2013 Federal Legislative Platform Contra Costa County 18 secure the nation's borders, counties incur millions of dollars in un -reimbursed expenses each year as a result of housing undocumented immigrants that vi olate state or local laws. Additionally, counties are often times responsible for processing and prosecuting illegal aliens, and, in many cases, must provide medical care and other services to these individuals. As a result, a disproportionate share of th e criminal justice-related costs associated with illegal immigration impacts county governments, and SCAAP related costs to local jurisdictions continue to rise. In past years, DOJ's Bureau of Justice Assistance (BJA) has provided reimbursement credit to states and localities that have incurred costs for detaining individuals whom they believe to be undocumented criminals; in doing so, the agency has acknowledged the fact that undocumented individuals constitute a high percentage of foreign-born inmates of unknown immigration status because these individuals-who have never before been apprehended and screened by federal immigration agents-will not be in any federal immigration database. By proceeding with the modified payment methodology, BJA would be unil aterally eliminating reimbursement for a significant portion of undocumented inmates in local jail systems, and future SCAAP awards to many local governments would likely be reduced by more than 50 percent nationwide. This added burden will put additional strains on already tight county budgets. Second Chance Act – The County will support funding for the Second Chance Act, which helps counties address the growing population of individuals returning from prisons and jails. Despite massive increases in corre ctions spending in states and jails nationwide, recidivism rates remain high: half of all individuals released from state prison are re-incarcerated within three years. Here in California, unfortunately, the recidivism rate is even higher. Yet there is reason for hope: research shows that when individuals returning from prison or jail have access to key treatments, education, and housing services, recidivism rates go down and the families and communities they return to are stronger and safer. The Second Chance Act ensures that the tax dollars on corrections are better spent, and provides a much-needed response to the "revolving door" of people entering and leaving prison and jail. 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.  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 Proposed 2013 Federal Legislative Platform Contra Costa County 19 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. The Community Broadband Act of 2007, S.1853, encourages the deployment of high speed networks by preserving the authority of local governments to offer 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. Telecommunications Issues – Support the Community Access Preservation (CAP) Act introduced in 2009 by Wisconsin Congresswoman Tammy Baldwin. The CAP Act addresses the challenges faced by public, educational and government (PEG) TV channels and community access television stations. The CAP Act addresses four immediate issues facing PEG channels. The CAP Act would: Allow PEG fees to be used for any PEG-related purpose; require PEG channels to be carried in the same Proposed 2013 Federal Legislative Platform Contra Costa County 20 manner as local broadcast channels; require the FCC to study the effect state video franchise laws have had on PEG; require operators in states that adopted statewide franchising to provide support equal to the greater of the support required under the state law or the support historically provided for PEG; and make cable television -related laws and regulations applicable to all landline video providers. In addition, the County should support the widespread deployment and adoption of broadband, especially as it serves to connect the educational community and libraries. Temporary Assistance for Needy Families – The County will advocate for the following federal actions:  Relieve states of work participation rate and work verificat ion 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, pro posal 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 2013. The County will support reauthorization of the W orkforce 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 Proposed 2013 Federal Legislative Platform Contra Costa County 21 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. PROPOSED 2013 STATE LEGISLATIVE PLATFORM Contra Costa County January 22, 2013 Contra Costa County Proposed 2013 State Platform 1 Table of Contents LEGISLATIVE/REGULATORY ADVOCACY PRIORITIES ............................................................................. 2 STATE PLATFORM POLICY POSITIONS ................................................................................................. 5 Agricultural Issues ..................................................................................................................................... 5 Animal Services Issues .............................................................................................................................. 6 Child Support Services Issues .................................................................................................................... 7 Climate Change Issues............................................................................................................................... 8 Elections Issues ......................................................................................................................................... 8 Emergency Preparedness, Emergency Response ..................................................................................... 9 Eminent Domain Issues ............................................................................................................................. 9 Flood Control and Clean Water Issues ...................................................................................................... 9 General Revenues/Finance Issues .......................................................................................................... 10 Health Care Issues ................................................................................................................................... 13 Human Services Issues ............................................................................................................................ 16 Indian Gaming Issues .............................................................................................................................. 18 Land Use/Community Development Issues ............................................................................................ 19 Law and Justice System Issues ................................................................................................................ 21 Levee Issues, Sacramento-San Joaquin Delta Issues ............................................................................... 22 Library Issues ........................................................................................................................................... 25 Telecommunications Issues .................................................................................................................... 25 Transportation Issues .............................................................................................................................. 25 Waste Management................................................................................................................................ 28 Contra Costa County Proposed 2013 State Platform 2 2013 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 (as needed), legislative or regulatory advocacy priorities for the year, and policies that provide direction and guidance for identification of bills which would affect the services, programs or finances of Contra Costa County. LEGISLATIVE/REGULATORY ADVOCACY PRIORITIES Each year, issues emerge through the legislative process that are of importance to the County and require advocacy efforts. For 2013, it is anticipated that critical issues requiring legislative advocacy will include the following: 1. State Budget – The state’s continuing economic recovery, prior budget cuts, and the additional, temporary taxes provided by Proposition 30 have combined to bring the State Budget to a much improved f inancial condition. The Legislative Analyst’s Office is now indicating that the state has reached a point where its underlying expenditures and revenues are “roughly in balance.” Specifically, the Governor proposes $138.6 billion in General Fund and special fund spending in 2013-14, up 4.5 percent from 2012-13. The Administration forecasts that the state’s General Fund budgetary balance will be $1 billion at the end of 2013-14 under the Governor’s plan. However, this optimistic prognosis is dependent on growth in the economy and the stock market, and the budget faces considerable risks from federal fiscal policy and revenue volatility . Any of these factors could derail the plan for out-year operating surpluses. 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 state has been creative in its efforts to include counties as part of its budget balancing solution and may do so again through additional program realignment and/or revenue reductions. Of particular concern to counties is the inadequate reimbursement for our ever- 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. Contra Costa County Proposed 2013 State Platform 3 2. Health Care – Counties play a critical role 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 and implement the national health care reform legislation passed in 2010, The Patient Protection and Affordable Care Act (ACA). The optional Medi-Cal Expansion, to take effect on Jan. 1, 2014, is likely to be part of the State Budget process, while a Special Session on Health Care Reform – expected to be called by the Governor sometime this month – will address Health Care Exchange issues and the required Medi-Cal expansion. (The mandatory expansion includes changes to eligibility and enrollment for populations current ly eligible for Medicaid and is estimated to cost the state General Fund $350 million.) The ACA required states to expand Medicaid programs to allow childless adults at or below 138 percent of poverty to be eligible for Medicaid (known as Medi-Cal in California). The Supreme Court struck down that mandate but allowed it to be an option for states , which California has exercised. The Governor’s Budget provides two options for that optional expansion: a “state option” and a “county option.” Both options, wh ich will need to be vetted by the Legislature, will have fiscal implications for counties. The implementation of the ACA through the health benefits exchange (“Covered California”) and with a proposed “Medi- Cal Bridge” program (a basic health program that would bridge between Medi-Cal and the Exchange) dovetail with the Medi-Cal expansion. The outcome of these issues will have a major impact on Contra Costa’s health care delivery system. In the coming year, the County will continue to work on the implementation of required health care reform measures to maximize federal revenue. The County will support efforts to provide counties with the necessary tools to implement health care reform which may include performing eligibility and enrollment, preserving exi sting county resources from 1991 Realignment, providing for a smooth transition in 2014 for the various operational systems, and supporting legislation to ensure that low -income families are covered under the Affordable Care Act. In addition, the County will continue to work to reduce uncompensated health care costs. 3. Water and Levees /The Sacramento-San Joaquin Delta – The enactment of the Delta Reform Act (2009), a package of bills that established the co-equal goals for reliable water supply and ecosystem restoration for the Delta as well as the proposed Bay Delta Conservation Plan (BDCP)--an effort to construct a pair of massive tunnels under the Delta--will bring significant, large-scale change to the Delta as we know it. The scope and content of these changes, as well as enduring political battles between north and south over water, will continue to guide legislative and administrative agendas in the coming year. Significant future impacts upon the County in the areas of water quality and supply, levees, ecosystem, governance and flood control are anticipated. Additionally, a water bond has been delayed from the November 2012 ballot. Consideration should be given to the potential for the County to sponsor Delta-related legislation through our legislative Contra Costa County Proposed 2013 State Platform 4 delegation. The County may also work with the Delta Counties Coalition (DCC) to sponsor Delta-related legislation. Particular areas of concern for 2013 include, but are not limited to, the ongoing development of the tunnel project, the impacts of Delta plans on local land use authority, efforts to expedite state bond funding for levee improvement projects, and the development of flow standards that will impact water quality and ecosystem health. The County’s adopted Delta Water Platform, as well as the Strategic and Action Plans, are incorporated in this Platform by reference. 4. Realignment Implementation – The battle for constitutional protections for 2011 Realignment concluded successfully on November 6, 2012 when Proposition 30 was passed by the voters. Proposition 30 provides constitutional guarantees to the funding that supports Realignment and safeguards against future program expansion without accompanying funding. With these provisions in place, Contra Costa County can continue to implement the array of programs transferred under 2011 Realignment, confident that funding is secure and programmatic responsibilities are defined. Any future proposals to realign programs to counties must have constitutionally guaranteed ongoing funding and protections. The County will oppose any proposals that will transfer additional program responsibility to counties without funding and protections. The County will also oppose efforts that limit county flexibility in implementing programs and services realigned in 2011 or infringe upon our ability to innovate locally. The County resolves to remain accountable to our local constituents in delivering high - quality programs that efficiently and effectively respond to local needs. Further, we support counties’ development of appropriate measures of local outcomes and dissemination of best practices. With regard to Public Safety realignment, the County will support efforts that facilitate the smooth transition of prisoners and parolees at the county level. Counties have received parolees whose latest crime fits the specified “non-violent, non-serious, non- sex offender” (N3) definition but who have a criminal background that includes violent, serious and/or sexual crimes. Under the current legislation, the p erson’s latest offense/crime determines if they meet the N3 criteria. However, counties have received people who have a very violent background. Specifically, a change would be requested to prevent those whose total criminal background does not meet the N3 criteria. These individuals should stay under the responsibility of the state. The County will also support efforts to provide additional funding/grants to those counties that have a commitment to lowering the crime rate and reducing recidivism through the provision of innovative, comprehensive, evidence-based programs for offender populations and their families. The County will also continue to support efforts to ensure that the receipt of Local Community Corrections Funds matches the amounts anticipated from the state, without undue delay. Contra Costa County Proposed 2013 State Platform 5 STATE PLATFORM POLICY POSITIONS 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. 2. SUPPORT continued appropriations for regulation and resea rch 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. 4. SUPPORT legislation to establish legal authority where needed to facilitate the efforts by the California Department of Food and Agriculture and the Department of Boating and Waterways to survey and treat all incipient infestations of the South American spongeplant and a continued long-term effort to rid the Delta of this and other invasive species. Invasive aquatic species are a threat to agriculture, the environment and recreation in the Delta . This includes support for efforts by the Department of Boating and Waterways to secure multi -year permits for eradication of multiple species of invasive weeds in the Delta. 5. SUPPORT the CSAC policy statement regarding revisions to the California Conservation Act of 1965 (the Williamson Act) to support legislative changes that preserve the integrity of the Williamson Act, eliminate abuses resulting in unjustified and premature conversions of contracted land for development, and to fully restore Williamson Act subventions. The state subventions to counties also must be revised to recognize all local tax losses. Contra Costa County Proposed 2013 State Platform 6 Animal Services Issues 6. 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 t o continue to provide quality animal service and to meet local needs. 7. 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. 8. 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. 9. SUPPORT efforts to ensure full funding of State animal services mandates, including defense of the 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, 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. 10. 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 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. 11. 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. Contra Costa County Proposed 2013 State Platform 7 Child Support Services Issues 12. 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 electron ically through automated means. 13. 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 not acknowledged by all county recorder offices. 14. SUPPORT efforts to simplify the court process for modifying child support orders by the court by requiring court appearances only when one of the par ties 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. 15. 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. 16. 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 a web site. Contra Costa County Proposed 2013 State Platform 8 Climate Change Issues 17. 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. 18. 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. 19. SUPPORT legislative or administrative efforts that favor a llocation of funding from the California Greenhouse Gas Cap and Trade Program to jurisdictions that are the largest emitters of greenhouse gas. Elections Issues 20. SUPPORT legislation to adjust precinct sizing from 1,000 voters per precin ct 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. 21. SUPPORT full state reimbursement for state mandates imposed upon local registrars by the Secretary of State, including special state elections. The state has committed to reimburse Counties for the cost of certain state mandates. That reimbursement process, SB 90, can be lengthy and contentious. The SB 90 process is also subject to uncertainties including partial payments, delayed payments, and now, suspended or no payments. In lieu of the SB 90 process for Elections, there is merit in the examination of having the state pay its pro-rata share of costs when state candidates/measures are on the ballot. 22. SUPPORT legislation that would add provisions to the state Elections Code that would allow special elections to fill a vacancy in a congre ssional or legislative district to be conducted by all mailed ballots at the county’s discretion . Contra Costa County Proposed 2013 State Platform 9 Emergency Preparedness, Emergency Response 23. SUPPORT legislation that would give local agencies more authority to train volunteers and help clean-up oil spills without taking on additional legal liability. 24. SUPPORT legislation that would require the state’s Oil Spill Prevention and Response Agency to improve communication and clean -up technology, increase safety standards for ships and establish special protections for ecologically sensitive areas. 25. SUPPORT legislation that would require responses to future oil spills in a shorter timeframe, with a more regional approach. 26. 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. 27. SUPPORT legislation or other measures requiring the creation or utilization of emergency rock stockpiles suitable for levee repair throughout the Delta, enabling increasingly efficient and less costly prevention of levee breaks and enhancement of initial response capabilities. 28. SUPPORT legislation or other measures that will enable the Department of Water Resources to easily and quickly enter into contracts with local entities that need assistance in planning for emergency response. Eminent Domain Issues 29. 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. 30. 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 31. 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 Contra Costa County Proposed 2013 State Platform 10 several cities to share the costs of monitoring. While it makes sense for local government to pool resources to save money, Stat e Board regulations make regional monitoring infeasible. 32. SUPPORT efforts to provide local agencies with more flexibility and options to fund stormwater programs. Stormwater permit requirements issued by the Regional Water Quality Control Boards are becoming more and more expensive, yet there is no funding. Stormwater services, encompassing both water quality and drainage/flood control, should be structured like a utility with the ability to set rates similar to the other two key water services: drinking water and wastewater. 33. 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 D aily Loads, which establish a maximum allowable amount of a pollutant (like mercury) in the stormwater from a watershed. 34. SUPPORT efforts to require the Department of Water Resources (DWR) to provide 200 year flood plain mapping for all areas in the legal Delta. SB 5 requires the County and cities in the Delta to insure certain development projects must have 200 year level of protection and to make certain related findings. DWR has revisited developing zoning flood plain mapping, and if they do, only working in areas protected by project levees which does not include any areas within Contra Costa County. 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. 35. 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. 36. 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 lags behind property tax growth.) 37. OPPOSE efforts to limit local authority over transient occupancy taxes (TOT). Contra Costa County Proposed 2013 State Platform 11 38. 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. 39. 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. 40. 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. 41. SUPPORT continued efforts to reform the state/local relationship in a way that makes both fiscal and programmatic sense for local government and conforms to the adopted 2010 CSAC Realignment Principles, with an emphasis on maximum flexibility for counties to manage the existing and realigned discretionary programs. 42. SUPPORT efforts to relieve California of the federal Child Support penalties without shifting the cost of the penalties to the counties. 43. SUPPORT a reduction in the 2/3 vote requirement for special taxes that fund a comprehensive community plan developed by the county, cities and school districts that improves health, education and economic outcomes and reduces crime and poverty. 44. SUPPORT efforts to authorize counties to impose forfeitures f or 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 a re 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. 45. SUPPORT efforts to redefine the circumstances under which commerc ial 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. 46. 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 Contra Costa County Proposed 2013 State Platform 12 employees, for a reasonable period of time, and not provide an incentive for employees to claim more time than medically necessary. 47. SUPPORT state actions that maximize Federal and State revenues for county- run services and programs. 48. SUPPORT legislative compliance with both the intent and language of Proposition 1A. 49. SUPPORT the provisions of Proposition 22 that would protect County revenues , particularly as related to transportation revenues and excluding those provisions related to redevelopment funds. 50. SUPPORT full State funding of all statewide special elections, including recall elections. 51. 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. 52. 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 interest s. AB 2987 (Núñez), Chapter 700, statutes of 2006 transferred regulatory oversight authority from local government to the PUC. 53. 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. 54. 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. 55. SUPPORT legislation that provides constitutional protections and guaranteed funding to counties under Realignment. Contra Costa County Proposed 2013 State Platform 13 Health Care Issues The County remains concerned about the implementation of any health care reform measures that could transfer responsibility to counties, without commensurate financing structures or in a manner not compatible with the County’s system. The County supports a concept of universal health coverage for all Californians. Toward that end, the County urges 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, the County urges 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. 56. 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 order to ensure access. Coverage must be afford able for all Californians to access care. 57. SUPPORT Medi-Cal reimbursement rate increases to incentivize providers to participate in the program. 58. 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. 59. 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). 60. 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 (or multiple) diagnoses. Approaches could be modeled after current programs in place in safety net systems. 61. 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 Contra Costa County Proposed 2013 State Platform 14 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. 62. 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. 63. SUPPORT efforts to clearly define and adequately fund remaining county responsibilities. 64. 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 (including recovery facilities), and that they can remain viable after health reform. 65. SUPPORT efforts to provide adequate financing for reforms to succeed. 66. SUPPORT measures that maximize federal reimbursement from Medicaid and S-CHIP. 67. 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. 68. 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. 69. SUPPORT state action to implement the 2010 Medi-Cal waiver in a manner that maximizes the drawdown of federal funds for services and facilities, provides flexibility, and ensures that counties receive their fair share of funding. 70. SUPPORT efforts to increase revenues and to contain mandated costs in the County's hospital and clinics system. 71. SUPPORT efforts to obtain a fair-share of any state funds in a distribution of funding for the integration of IHSS and managed care. 72. SUPPORT efforts to increase the availability of health care (including alcohol and other drugs recovery) to the uninsured in California, whether employed or not. Contra Costa County Proposed 2013 State Platform 15 73. 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 acut e and long term care integration. 74. 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. 75. SUPPORT efforts that allow counties to draw down federal Medicaid funds for providing confidential alcohol and drug screening and brief intervention services to pregnant women and women of childbearing age who also qualify for Medi-Cal benefits. 76. SUPPORT state efforts to increase the scope of benefits and reimbursement rates contained in Minor Consent Medi-Cal to give youth suffering from substance abuse disorders access to a continuum of care, including residential and one-on-one outpatient treatment. 77. SUPPORT efforts to give incentives to providers to establish more youth -driven treatment facilities within the community. 78. 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. 79. SUPPORT county efforts in the promotion of partnerships that provide integrated responses to the needs of alcohol and other drugs populations, including criminal justice, perinatal and youth as well as those populations with co -occurring disorders. 80. SUPPORT and encourage the development of strategies that include alcohol and other drugs services in the provision of all culturally appropriate health care services. 81. 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 other drugs 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. Contra Costa County Proposed 2013 State Platform 16 Human Services Issues 82. 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 an 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 make it easier for CalWORKs families to enter employment services, become employed, and continue with the support they need in or der to maintain their jobs. 83. 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 assist ance 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 family members’ employment status. 84. 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. 85. SUPPORT efforts to establish an “umbrella code” for the reporting of incidents o f 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. 86. SUPPORT efforts that seek to identify and eliminate elder financial abuse and elder exposure to crime that may be committed through conservatorships, powers of attorney, notaries and others who have the right to control elder assets. Contra Costa County Proposed 2013 State Platform 17 87. SUPPORT efforts to effectively manage the In Home Supportive Services (IHSS) to establish and maintain cost control mechanisms while delivering quality, targeted services and maintaining program integrity. Efforts may include, but are not limited to, establishing an IHSS Volunteer Coordination component coupled with the rebalancing of available hours. Retired volunteer social workers and registered nurses could act as local Care Coordinators, enabling IHSS Social Workers to increase their capacity to perform more timely reassessments that would enable the management of available hours and target services to those clients most in need and at risk of institutionalization . 88. SUPPORT efforts to eliminate the finger-imaging requirement for adult food stamp applicants, recognizing the fraud deterrent a spects 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. 89. 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. 90. 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 the ir performance accountability goals, as required under federal and state statutes. 91. 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. 92. OPPOSE any legislation that increases tobacco taxes but does not contain language to replace any funds lost to The California Children and Families Contra Costa County Proposed 2013 State Platform 18 Act/Trust Fund for local services as currently funded by tobacco taxes, Proposition 10 in 1998 and Proposition 99 in 1988. 93. 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. 94. SUPPORT efforts to restore funding in the amount of $80 Million for the Child Welfare Services Program that was line-item vetoed by Governor Schwarzenegger in the State’s FY 2009-10 and FY 2010-11 budgets, as these reductions have a direct impact on local child protective services and the lives of children. 95. SUPPORT efforts by the Contra Costa County’s executive directors and program administrators of all Child Care and Development Programs to restore state budget allocations to the FY 2009-10 levels for the California State Preschool Program (CSPP), California Center-Based General Child Care Program (CCTR), CalWORKs Stage 2 (C2AP), CalWORKs Stage 3 (C3AP), Alternate Payment Program (CAPP), Child Care and Development Grant and the Child Care Retention Program (AB 212). 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 is also a proposal for an additional casino in North Richmond. 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. 96. SUPPORT efforts to ensure that counties who have existing or proposed Class II Indian gaming facilities receive the Special Distribution Funds. 97. 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. 98. OPPOSE the expansion or approval of Class III gaming machines at the exist ing 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. 99. SUPPORT State authority to tighten up the definition of a Class II machine. Contra Costa County Proposed 2013 State Platform 19 100. 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 Development Issues 101. SUPPORT efforts to promote economic incentives for "smart growth," in Priority Development Areas 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” and Sustainable Community Strategy principles. 102. 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. 103. SUPPORT establishment of a CEQA exemption for affordable housing financing. Current law provides a statutory exemption from CEQA to state agencies for financing of affordable housing (Section 21080.10(b) of the California Public Resources Code and Section 15267 of the CEQA Guidelines)—but not to local agencies. The current exemption for state agencies is only operational if a CEQA review process has been completed by another agency (e.g., by the land use permitting agency). Since the act of financing does not change the environmental setting, the net effect of the exemption is streamlining the proces s for providing financial assistance for already approved projects. AB 2518 (Houston) in 2006 was a Contra Costa County-sponsored bill to accomplish this, but it was not successful in the Legislature. 104. SUPPORT efforts to obtain a CEQA exemption or to utilize CEQA streamlining provisions for infill development or Priority Development Areas, including in unincorporated areas. Section 15332 of the CEQA Guidelines is a Categorical Exemption for infill development projects but only within cities or unincorporated areas of a certain size surrounded by cities. 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. 105. 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. 106. OPPOSE efforts to limit the County’s ability to exercise local land use authority. Contra Costa County Proposed 2013 State Platform 20 107. 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. 108. SUPPORT allocations, appropriations, and policies that support and leverage the benefits of approved Natural Community Conservation Plans (NCCPs), such as the East Contra Costa County NCCP. Support the granting of approximately $20 million to the East Contra Costa County NCCP from the $90 million allocation for NCCPs in Proposition 84. Support the position that NCCPs a re an effective strategy for addressing the impacts of climate change and encourage appropriate recognition of the NCCP tool in implementation of climate change legislation such as SB 375 and AB 32. Promote effective implementation of NCCPs as a top priority for the Department of Fish and Wildlife. Support efforts to streamline implementation of NCCPs including exemptions from unnecessary regulatory oversight such as the Delta Plan Covered Actions process administered by the Delta Stewardship Council. 109. SUPPORT legislation that would give local agencies specific tools for economic development purposes in order to enhance job opportunities, with emphasis on attracting and retaining businesses, blight removal and promoting smart growth and affordable housing development, while balancing the impacts on revenues for health and safety programs. 110. OPPOSE legislation that would create substantial uncertainty over the tax allocation bonds issued by redevelopment agencies and possible negative credit impact. 111. SUPPORT legislation that would resolve the administrative funding gap for agencies serving as the Successor Housing Agency. Such legislation should not have a negative impact on the localities’ general fund. The Redevelopment Dissolution Act allows Successor Agencies a modest allowance of tax increment funds to support Successor Agency administrative costs. There is no such carve out for Housing Successors. However, unlike Successor Agencies, Housing Successors have an ongoing obligation to monitor existing affor dable housing developments. These obligations will continue for up to 55 years. 112. SUPPORT legislative and regulatory efforts that streamline compliance with the California Environmental Quality Act (CEQA) by integrating it with other environmental protection laws and regulations, modifying the tiering of environmental reviews, expanding the application of prior environmental reviews, focusing areas of potential CEQA litigation, and enhancing public disclosure and accountability. Contra Costa County Proposed 2013 State Platform 21 113. OPPOSE CEQA reform efforts that reduce environmental protections for projects that cross county or city boundaries. 114. SUPPORT efforts to improve or streamline CEQA for efficiency without losing sight of its ultimate goal to thoroughly identify environmental impacts and mitigations. 115. OPPOSE efforts to change CEQA solely to accommodate one particular infrastructure project or set of projects. 116. SUPPORT legislation that amends Section 20133 of the Public Contract Code to 1) delete the existing sunset date of July 1, 2014 for design -build authority granted to counties, and 2) eliminate the current project cost threshold of $2.5 million required for the use of the design-build method. Law and Justice System Issues 117. SUPPORT legislation that seeks to curb metal theft by making it easier f or 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. 118. 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. 119. OPPOSE legislative proposals to realign additional program responsibility to counties without adequate funding and protections. 120. OPPOSE legislation that would shift the responsibility of parolees from the state to the counties without adequate notification, documentation and funding. 121. SUPPORT legislation that will help counties implement the 2011 Public Sa fety Realignment as long as the proposal would: provide for county flexibility, eliminate redundant or unnecessary reporting, and would not transfer more responsibility without funding. Contra Costa County Proposed 2013 State Platform 22 Levee Issues, Sacramento-San Joaquin Delta Issues The County’s 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 first five are considered priorities. 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. 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. 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 wate r 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. Contra Costa County Proposed 2013 State Platform 23 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. Water Conservation: Landscape and household conservation, maximizing use of reclaimed wastewater, use of meters, and agricultural water conservation are recommended. Water Storage: Multi-purpose storage facilities are recommended and groundwater storage preferred to surface storage options. Detailed groundwater studies are recommended. 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. 122. 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 over $3 billion for levees, primarily those in the Central Valley Flood Control Program. Language is included in the bond for 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. 123. SUPPORT legislation that requires the levee repair funds generated by Proposition 1E be spent within one year. Many public agencies, including reclamation districts charged with maintaining levee s, have complained about the state’s inaction in allocating and distributing the levee funds that were raised by the bond sales authorized by Proposition 1E in 2008. Legislation could require the immediate distribution of these funds to local levee project s. The Delta Reform Act of 2009 authorized over $202 million for levee repairs. It has been difficult to obtain explanations from the state as to why these funds are not being distributed. 124. SUPPORT legislation to amend California Water Code Section 12986 , to maintain the state/local funding ratio of 75/25 for the state’s Delta Levees Subventions Program, which provides funds for local levee repair and Contra Costa County Proposed 2013 State Platform 24 maintenance projects. The code provision s that have the state paying 75% of project costs will expire on July 1, 2013. At that time the matching ratio will change to 50/50. This means local reclamation districts will have to pay a larger portion of project costs (50%, compared to their current 25% requirement). Many districts do not have the funding to do so. The Delta Levees Subventions Program should continue to use funds from bonds or other dedicated sources, rather than the state’s General Fund. For the past several years the program has been funded from bonds. When these bond funds run out, the prog ram will have to be funded from the General Fund, unless some other new dedicated funding source is established. This is something that should be included in the next Water Bond, if and when there is one. 125. 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. 126. 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. 127. SUPPORT legislation to amend California Water Code Section 85057.5 to bring the Delta Stewardship Council’s “covered actions” land -use review process into consistency with CEQA. This section of state code defines a “covered action,” which refers to local permit decisions that are subject to potential revocation by the Delta Stewardship Council, as proposed in the Council’s Delta Plan. The proposed process works as follows: (1) if a local permit application meets the definition of a “covered action,” the jurisdiction must evaluate it for consistency with all of the policies in the Stewardship Council’s Delta Plan. (2) If the jurisdiction finds the project is consistent with the Delta Plan, they notify the Stewardship Council of this finding. (3) Anyone who objects to the pro ject may appeal the consistency finding, and it will be up to the Stewardship Council to make the final decision. Should the Stewardship Council decide against the local jurisdiction, there is no appeal process available to the jurisdiction or project applicant other than legal action. “Covered actions” are defined in Section 85057.5 of the California Water Code. It defines them as plans, projects or programs as defined by CEQA, and then goes on to grant several exemptions to certain types of projects. It does not, however, provide exemptions for all the project types that CEQA itself exempts. CEQA provides a lengthy list of categorical exemptions for plans, projects and programs that generally do not have significant environmental impacts, and Contra Costa County Proposed 2013 State Platform 25 projects that have compelling reasons to move forward quickly (such as public safety projects). The entire list of categorical exemptions from CEQA also should be exempt from the Delta Stewardship Council’s “covered actions” process . Library Issues 128. 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. 129. 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. 130. 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 131. 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. 132. 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 133. SUPPORT increased flexibility in the use of transportation funds. The County 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. The Act currently limits the use of these funds to improvements to bridges and “major thoroughfares.” Senator Contra Costa County Proposed 2013 State Platform 26 DeSaulnier introduced such a bill in 2008. The County’s proposal was adopted by CSAC for its legislative platform in the 2011 session. The proposal would provide more flexibility in how we can use an existing transportation funding source. 134. 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 ef fectively 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 that benefit the state and local road system 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 Area 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. 135. 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. 136. 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 oth er 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. 137. 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 Contra Costa County Proposed 2013 State Platform 27 Vasco Road. This could include streamlining the environmental review process and also streamlining all state permitting requirements that pertain to transportation projects. 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. 138. SUPPORT efforts to coordinate development of state-funded or regulated facilities such as courts, schools, jails, roads and state offices with local planning. The County supports preserving the authority of Public Works over County roads by way of ensuring the Board of Supervisors’ control over County roads as established in the Streets & Highways Code (Ch2 §940) is not undermined. This includes strongly opposing any action by a non -local entity that would ultimately dilute current Board of Supervisors discretion relative to road design and land use. 139. SUPPORT efforts to coordinate planning between school districts and local jurisdictions in locating and planning new schools and funding programs that foster collaboration and joint use of facilities to help finance off-site transportation improvements for access to schools. The County supports the California Department of Education’s current effort to better leverage school facilities in developing sustainable communities. Related to this effort, the County supports reform of school siting practices by way of legislative changes related to any new statewide school construction bond authorization. The County takes the position that reform components should include bringing school siting practices in to alignment with local growth management policies, safe routes to school best practices, State SB 375 principles, and the State Strategic Growth Council’s “Health in All Policies Initiative.” 140. 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. 141. 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 deepen the channel, providing additional capacity to accommodate increa sing 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). Contra Costa County Proposed 2013 State Platform 28 Waste Management 142. SUPPORT legislation that establishes producer responsibility for management of their products, including pharmaceuticals, at the end of their useful life. 143. SUPPORT efforts to increase the development of markets for recycled materials. 144. SUPPORT legislative and regulatory efforts to allow third parties, under specific circumstances and conditions, to collect and transport household hazardous waste to collection facilities. 145. SUPPORT legislation that seeks to remedy the environmental degradat ion and solid waste management problems on a State -wide basis of polystyrene containers and single-use plastic bags typically given away for free at grocer, retail and other establishments. 146. SUPPORT legislation that does not require increased diversion from landfills without out an adequate funding mechanism. 147. 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 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. 148. SUPPORT legislation that relieves counties with privately-operated landfills from the state requirement for maintaining a 15-year supply of disposal capacity for waste generated within each county. In 1989, Contra Costa County amended its general plan to accommodate construction of Keller Canyon Landfill. Due to the difficulty in siting landfills and the requirements of Public Resources Code 47100 – Countywide Siting Element, the County maintained authority to control the amount of waste disposed at this facility from outside the county. Despite Contra Costa County’s opposition, AB 845 will become law on January 1, 2013 and prohibit any jurisdiction from regulating the amount of waste disposed at a privately-operated landfill based on its place of origin. Because local jurisdictions can no longer control importa tion of waste to privately-operated landfills, the host County will have a greater need to undertake the difficult task of identifying new disposal capacity pursuant to the Countywide Siting Element requirement. Since the state believes there is no need f or local jurisdictions to regulate disposal of solid waste by place of origin, the state should remove existing statutes that require each County with privately -operated landfills to identify sufficient disposal capacity for the waste generated by the juri sdictions within that County. Contra Costa County Proposed 2013 State Platform 29 149. SUPPORT legislation that can reduce the amount of harmful pharmaceuticals that ultimately enter waste water treatment facilities and landfills. 150. SUPPORT legislative and regulatory efforts to restrict payments from the Beverage Container Recycling Program Fund for redemption of beverage containers sold out of state. Fraudulent redemption of these beverage containers is costing the Fund from $40 million to $200 million annually. This fraud combined with loans to the General Fund to reduce the State budget deficit has significantly reduced the availability of funds for increasing recycling as intended under the law. 151. SUPPORT legislative and regulatory efforts that correct the imbalance between the County’s regulatory authority to control the collection and disposal of solid waste generated within the unincorporated areas and our exposure to state penalties for failing to meet state mandates for diverting solid waste generated within these areas as a result of Appellate Court decisions. These decision awarded solid waste franchise authority to the Rodeo Sanitary District and Mountain View Sanitary District while the County remains exposed to state penalties for failing to meet state mandates for reducing solid waste generated in these areas.