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HomeMy WebLinkAboutBOARD STANDING COMMITTEES - 11062014 - Legislation Cte Agenda Pkt            LEGISLATION COMMITTEE November 6, 2014 10:30 A.M. 651 Pine Street, Room 101, Martinez Supervisor Mary N. Piepho, Chair Supervisor Karen Mitchoff, Vice Chair Agenda Items: Items may be taken out of order based on the business of the day and preference of the Committee              1.Introductions   2.Public comment on any item under the jurisdiction of the Committee and not on this agenda (speakers may be limited to three minutes).   3. APPROVE the Record of Action for the August 7, 2014 meeting of the Legislation Committee.   4. CONSIDER accepting the report on state legislation and provide direction, as necessary.   5. REVIEW the Proposed 2015 State Legislative Platform, provide direction to staff on any recommended changes, and RECOMMEND action to the Board of Supervisors.   6. REVIEW the Proposed 2015 Federal Legislative Platform, provide direction to staff on any recommended changes, and RECOMMEND action to the Board of Supervisors.   7. ACCEPT the report from CSAC on statewide ballot measures and their impacts on counties.   8.The next meeting is currently scheduled for Thursday, Dec. 4, 2014 at 10:30 a.m.   9.Adjourn   The Legislation Committee will provide reasonable accommodations for persons with disabilities planning to attend Legislation Committee meetings. Contact the staff person listed below at least 72 hours before the meeting. Any disclosable public records related to an open session item on a regular meeting agenda and distributed by the County to a majority of members of the Legislation Committee less than 96 hours prior to that meeting are available for public inspection at 651 Pine Street, 10th floor, during normal business hours. Page 1 of 155 Public comment may be submitted via electronic mail on agenda items at least one full work day prior to the published meeting time. For Additional Information Contact: Lara DeLaney, Committee Staff Phone (925) 335-1097, Fax (925) 646-1353 lara.delaney@cao.cccounty.us Page 2 of 155 LEGISLATION COMMITTEE 3. Meeting Date:11/06/2014   Subject:Record of Action Submitted For: LEGISLATION COMMITTEE,  Department:County Administrator Referral No.: 2014-36   Referral Name: Record of Action  Presenter: L. DeLaney Contact: L. DeLaney, 925-335-1097 Referral History: Record of Action for August 7, 2014. Referral Update: Record of Action for the August 7, 2014 meeting is attached. Recommendation(s)/Next Step(s): APPROVE the Record of Action for the Legislation Committee meeting of August 7, 2014. Attachments August 7, 2014 Record of Action Page 3 of 155 LEGISLATION COMMITTEE RECORD OF ACTION August 7, 2014 10:30 A.M. 651 Pine Street, Room 101, Martinez   Supervisor Mary N. Piepho, Chair Supervisor Karen Mitchoff, Vice Chair   Present: Mary N. Piepho, Chair      Karen Mitchoff, Vice Chair    Staff Present:Lara DeLaney, Senior Deputy County Administrator, CAO  Vana Tran, County Administrator's Office  Nathan Johnson, County Veterans Service Officer  Lauren Brosnan, Employment and Human Services  Ryan Hernandez, Contra Costa County Water Agency  Dr. William Walker, Contra Costa Health Services  Theresa Speiker, County Administrator's Office  Attendees: Amanda Ream, Interpreting for California  Rosa-Linda Advincula, Interpreting for California                   1.Introductions   2.Public comment on any item under the jurisdiction of the Committee and not on this agenda (speakers may be limited to three minutes).    No public comment.   3.APPROVE the Record of Action for the Legislation Committee meeting of June 5, 2014.       The Record of Action for the June 5, 2014 meeting was approved as submitted.    AYE: Chair Mary N. Piepho, Vice Chair Karen Mitchoff  Passed  4.CONSIDER recommending to the Board of Supervisors the adoption of a resolution of support for AB 1263 (Perez): Medi-Cal: CommuniCal.       The Committee voted unanimously to send a letter of support from the Board as the bill is consistent with the County's platform.   Page 4 of 155    AYE: Chair Mary N. Piepho, Vice Chair Karen Mitchoff  Passed  5.ADOPT a position of "support" on the Senator Heitkamp's RESPONSE Act, S. 2547, as recommended by the County's Hazardous Materials Programs Director.       The Committee voted unanimously to recommend a position of "Support" to the Board.    AYE: Chair Mary N. Piepho, Vice Chair Karen Mitchoff  Passed  6.ACCEPT the report on Senator Sanders’ HR 3230 Veterans Access, Choice and Accountability Act of 2014 and provide direction to staff, as needed.       The Committee voted unanimously to accept the report and to write a letter of "Support" on the bill. The bill was signed by the President that morning; therefore, a letter of support would not be timely.    AYE: Chair Mary N. Piepho, Vice Chair Karen Mitchoff  Passed  7.ADOPT amendments to the 2014 Federal and State Legislative Platforms to include support for improved funding and care of U.S. military veterans and their families.       The Committee voted unanimously to recommend the amendments to the Federal and State Legislative Platforms to the Board. T here were additional amendments from the Committee to include support for “replacement halls or facilities,” and State funding “at a minimum” of $5.6 million.    AYE: Chair Mary N. Piepho, Vice Chair Karen Mitchoff  Passed  8.ACCEPT a staff report on the Water Bond proposals and provide direction to staff, as needed.       The Committee accepted the report and gave direction to staff.    AYE: Chair Mary N. Piepho, Vice Chair Karen Mitchoff  Passed  9.Adjourn   10.The next meeting is currently scheduled for September 4, 2014.     The September 4, 2014 meeting is cancelled. The October 2, 2014 meeting is rescheduled to October 9, 2014, 2:00p.m.   Page 5 of 155 LEGISLATION COMMITTEE 4. Meeting Date:11/06/2014   Subject:2014 State Legislation Recap  Submitted For: LEGISLATION COMMITTEE,  Department:County Administrator Referral No.: 2014-37   Referral Name: 2014 State Legislation Recap  Presenter: L. DeLaney Contact: L. DeLaney, 925-335-1097 Referral History: On an annual basis, staff to the Legislation Committee provides a summary of legislative activity after the legislative session concludes. Referral Update: Recommendation(s)/Next Step(s): ACCEPT the report on 2014 state legislation of interest to Contra Costa County (Attachment A). Also attached (Attachment B) is a document that highlights the California State Association of Counties (CSAC) advocacy achievements in 2014. CSAC had a very successful legislative year that included several budget wins such as accelerated payment of $100 million to local governments for pre-2004 mandates, an additional $500 million in revenue lease bonds for jail construction and nearly $250 million in resources to address various smart prevention and intervention programs to assist counties in meeting needs throughout their communities.  Ongoing implementation of important reforms, such as 2011 Realignment and the Affordable Care Act, remain a high priority as billions of dollars shift between the state and counties each year. CSAC was also successful on the bill front as CSAC played a key role in preserving local control in the groundwater management legislation and securing several vetoes in the employee relations area.  Finally, the Urban Counties Caucus (UCC) Final Action list of all the bills they have tracked this year is included in Attachment C. Attachments Attachment A: Master List Attachment B: CSAC Advocacy Attachment C: UCC Bill Summary Page 6 of 155 1   Master File 2014 CA AB 380 AUTHOR: Dickinson [D] TITLE: Spill Response For Railroads INTRODUCED:02/14/2013 DISPOSITION: Enacted LOCATION: Chaptered SUMMARY: Requires a rail carrier to report specified information regarding the transportation of hazardous materials to the Office of Emergency Services. Requires each rail carrier to maintain a response management communications center. Requires each rail carrier to provide the office with a summary of the rail carrier's hazardous materials emergency response plan. Requires the office to provide a copy of each summary report to each unified program agency. Prohibits divulging the plan to those unauthorized. STATUS: 09/25/2014 Signed by GOVERNOR. 09/25/2014 Chaptered by Secretary of State. Chapter No. 533 Commentary: BOS supported on 7/8/14. Sent letter to Governor on 9/4/14. CA AB 935 AUTHOR: Frazier [D] TITLE: Driver's Licenses: Veteran Designation INTRODUCED:02/22/2013 DISPOSITION: Enacted LOCATION: Chaptered SUMMARY: Allows an in-person applicant for a driver's license or identification card to request that the license or care be printed with the word veteran. Requires the applicant to present verification of veteran status on a specified form. Requires the county veterans service offices to verify an applicant's veteran status for these purposes. Authorizes an additional fee to a person who requests such designation. STATUS: 09/27/2014 Chaptered by Secretary of State. Chapter No. 644 Commentary: Sent letter of support on 7/17/14. Sent letter to Governor on 8/18/14. CA AB 1263 AUTHOR: Perez J [D] TITLE: Medi-Cal: CommuniCal INTRODUCED:02/22/2013 DISPOSITION: Vetoed LOCATION: Vetoed SUMMARY: Relates to the Medi-cal Patient Centered Communication Program Attachment A Page 7 of 155 2   (CommuniCal) and fund to provide and reimburse medical interpretation services to Medi-cal beneficiaries who are limited English proficient. Requires the Department of Human Resources to notify the individual of the acceptance or denial of his or her inclusion on the registry within specified days of the submission of the application. Updates provisions regarding program certified medical interpreters. Allows labor organizing proceedings. STATUS: 10/13/2013 Vetoed by GOVERNOR. Commentary: To BOS for Support on 9/9/14, as recommended by Legislation Cmte. Comm directed staff to write a letter of support from the Chair. Position: Support CA AB 1324 AUTHOR: Skinner [D] TITLE: Use Taxes: City of El Cerrito INTRODUCED:02/22/2013 DISPOSITION: Enacted LOCATION: Chaptered SUMMARY: Authorizes the City of El Cerrito, if certain requirements are met, to impose a transactions and use tax for general purposes at no more than a specified rate, that, in combination with other specified taxes, each would exceed the combined rate limit provided under the Transactions and Use Tax Law. Provides this tax rate would not be included in the calculation of the local sales and use tax limitation in existing law. STATUS: 09/29/2014 Chaptered by Secretary of State. Chapter No. 795 Commentary: Going to BOS 06.03.14 on D.15 regarding countywide sales tax increase. Request amendment from author if BOS supports. Sent letter of support to Governor on 9/4/14. CA AB 1331 AUTHOR: Rendon [D] TITLE: Clean, Safe, and Reliable Drinking Water Act of 2014 INTRODUCED:02/22/2013 DISPOSITION: Pending LOCATION: Senate Rules Committee SUMMARY: Repeals the provisions that would create the Safe, Clean and Reliable Drinking Water Supply Act of 2012. Enacts the Clean, Safe and Reliable Drinking Water Act of 2014, which, if adopted by the voters, would authorize the issuance of bonds in a specified amount pursuant to the State General Obligation Bond Law to finance a clean and safe drinking water program. STATUS: 06/18/2014 Withdrawn from SENATE Committee on GOVERNANCE Attachment A Page 8 of 155 3   AND FINANCE. 06/18/2014 Re-referred to SENATE Committee on RULES. Commentary: Sending an Oppose letter, per Platform. CA AB 1519 AUTHOR: Donnelly [R] TITLE: State Responsibility Areas: Fire Prevention Fees INTRODUCED:01/16/2014 DISPOSITION: Pending LOCATION: Assembly Natural Resources Committee SUMMARY: Amends existing law that requires the State Board of Equalization to collect a fire prevention fee to be charged on each structure on a parcel that is within a state responsibility area. Eliminates the specified civil penalty imposed for unpaid fire prevention fees. STATUS: 04/07/2014 In ASSEMBLY Committee on NATURAL RESOURCES: Failed passage. 04/07/2014 In ASSEMBLY Committee on NATURAL RESOURCES: Reconsideration granted. Position: Watch CA AB 1533 AUTHOR: Waldron [R] TITLE: In Home Supportive Services: Criminal Background Checks INTRODUCED:01/21/2014 DISPOSITION: Pending LOCATION: Assembly Human Services Committee SUMMARY: Amends existing law that provides for an investigation of the qualifications of the In-Home Supportive Services provider applicant, including specified criminal background checks. STATUS: 04/29/2014 In ASSEMBLY Committee on HUMAN SERVICES: Not heard. Position: Watch CA AB 1594 AUTHOR: Williams [D] TITLE: Waste Management INTRODUCED:02/03/2014 DISPOSITION: Enacted LOCATION: Chaptered SUMMARY: Amends the Integrated Waste Management Act, which requires the filing of an annual report. Requires the inclusion of a status update on the adequacy of Attachment A Page 9 of 155 4   certain funding in such report. Provides that the use of green material as alternative daily cover in a solid waste landfill does not constitute division through recycling and would be considered disposal. Requires a local annual report to include certain information concerning diversion. Exempts certain operators from a quarterly disposal fee. STATUS: 09/28/2014 Chaptered by Secretary of State. Chapter No. 719 Commentary: Deidra reviewing CA AB 1607 AUTHOR: Fox [D] TITLE: Sexually Violent Predators INTRODUCED:02/05/2014 DISPOSITION: Enacted LOCATION: Signed by Governor SUMMARY: Amends existing law that provides the procedures for the processing of a petition by a person committed as a sexually violent predator for conditional release. Requires a court, if it determines the petition is not frivolous, to give notice of the intention to conduct a conditional release hearing, and to set a date therefor. Provides that if the petition is granted to a county other than the county of commitment, the jurisdiction of the person would be transferred to the county of placement. STATUS: 09/30/2014 Signed by GOVERNOR. Position: Watch CA AB 1621 AUTHOR: Lowenthal B [D] TITLE: Emergency Medical Services: Data and Information System INTRODUCED:02/06/2014 DISPOSITION: Pending LOCATION: Senate Appropriations Committee SUMMARY: Requires the Emergency Medical Services Authority to utilize its State Emergency Medical Services Information System and adopt a single statewide standard for the collection of information regarding prehospital care to determine and monitor the quality and effectiveness of the statewide emergency medical services system, compliant with national standards, and to avoid unnecessary duplication of collection at a local level, and to develop regulations for electric patient care records for local agencies. STATUS: 08/14/2014 In SENATE Committee on APPROPRIATIONS: Held in committee. Commentary: Attachment A Page 10 of 155 5   BOS opposed on 7/8/14. Sent letter to Comm on 7/15/14. CA AB 1637 AUTHOR: Frazier [D] TITLE: Driver's Licenses: Veteran Designation INTRODUCED:02/11/2014 DISPOSITION: Pending LOCATION: Assembly Appropriations Committee SUMMARY: Allows an applicant for a driver's license or identification card to allow a person to request the driver's license or identification card be printed with the word VETERAN. Requires the applicant to present to the Department of Motor Vehicles proof of veteran status with a specified form. Requires the word VETERAN be printed on the face of the license or card. Authorizes the Department to charge an additional fee to a person who requests such designation. STATUS: 05/23/2014 In ASSEMBLY Committee on APPROPRIATIONS: Held in committee. Commentary: Consistent with Board policy (supported in 2013). Sent letter of support on 3/6/14. Position: Support CA AB 1642 AUTHOR: Chesbro [D] TITLE: Pest Control: Pierce's Disease INTRODUCED:02/11/2014 DISPOSITION: Enacted LOCATION: Chaptered SUMMARY: Extends the repeal date of the Pierce's Disease Control program in the Department of Food and Agriculture and the Pierce's Disease Management Account in the Food and Agriculture Fund, and the Glassy-Winged Sharpshooter Board. STATUS: 08/21/2014 Signed by GOVERNOR. 08/21/2014 Chaptered by Secretary of State. Chapter No. 231 Position: Watch CA AB 1653 AUTHOR: Garcia [D] TITLE: CalWORKs: Victims of Domestic Violence INTRODUCED:02/11/2014 DISPOSITION: Pending LOCATION: Senate Appropriations Committee SUMMARY: Requires the State Department of Social Services to establish a standard, Attachment A Page 11 of 155 6   statewide notice to inform all CalWORKs applicants and recipients that victims of abuse have a right to request a waiver of specified program requirements. Requires the county to waive program requirements if the county determines that good cause to waive those requirements exists. Requires counties to use the standard, statewide notice or an approved county notice to inform all applicants and recipients of their waiver rights. STATUS: 08/14/2014 In SENATE Committee on APPROPRIATIONS: Held in committee. Commentary: assess for impact on CalWORKS?- DV 3-18-2014 EHSD: Support CA AB 1725 AUTHOR: Maienschein [R] TITLE: Conservatorship Hearings INTRODUCED:02/14/2014 DISPOSITION: Pending LOCATION: Assembly Appropriations Committee SUMMARY: Authorizes a court, after a hearing attended by the proposed conservatee or the proposed conservatee's counsel, or both, to recommend a conservatorship to the officer providing conservatorship investigation when the court, in a conservatorship proceeding under the Probate Code, determines that a person, for whom a conservator has been established may be gravely disabled as a result of mental disorder or chronic alcoholism and is unwilling to accept, or is unable to accept voluntary treatment. STATUS: 05/23/2014 In ASSEMBLY Committee on APPROPRIATIONS: Held in committee. Position: Watch CA AB 1729 AUTHOR: Logue [R] TITLE: Local Government: Agricultural Land: Payments INTRODUCED:02/14/2014 DISPOSITION: Pending LOCATION: Assembly Appropriations Committee SUMMARY: Appropriates a specified amount of money from the General Fund to make subvention payments to counties to reimburse the counties for property tax revenues not received as a result of contracts between the counties and owners of agricultural land in which the owners agree, under the Williamson Act, to continue using such property as agricultural for purposes of property taxation. STATUS: 03/20/2014 To ASSEMBLY Committee on APPROPRIATIONS. 03/20/2014 From ASSEMBLY Committee on APPROPRIATIONS Attachment A Page 12 of 155 7   with author's amendments. 03/20/2014 In ASSEMBLY. Read second time and amended. Re-referred to Committee on APPROPRIATIONS. Position: Watch CA AB 1799 AUTHOR: Gordon [D] TITLE: Land Use: Mitigation Lands INTRODUCED:02/18/2014 DISPOSITION: Pending LOCATION: Assembly Appropriations Committee SUMMARY: Specifies, where a governmental entity or specified district is the transferee of property, that an endowment or other financial mechanism is not required if the entity or district provides evidence to the local or State agency that it possesses an investment-grade credit rating by a nationally recognized rating organization or other equivalent evidence of financial responsibility and enters into a contractual agreement enforcing mitigation requirements. Requires related reporting. STATUS: 05/23/2014 In ASSEMBLY Committee on APPROPRIATIONS: Held in committee. Commentary: BOS approved Support position on 4/22/14. Sent letter of support on 5/13/14. Position: Support CA AB 1873 AUTHOR: Gonzalez [D] TITLE: Special Mail Ballot Elections: San Diego County INTRODUCED:02/19/2014 DISPOSITION: Enacted LOCATION: Chaptered SUMMARY: Authorizes San Diego County to conduct, as a pilot program, an all-mailed ballot special election or special consolidated election to fill a congressional or legislative vacancy. Authorizes the county to process vote by mail ballot return envelopes beginning a specified number of days before the election, and authorizes the county to process vote by mail ballots on a specified business day before the election. Requires the county to submit a specified report regarding the election. STATUS: 09/26/2014 Chaptered by Secretary of State. Chapter No. 598 Position: Watch CA AB 1876 AUTHOR: Quirk [D] TITLE: Jails and Juvenile Facility:Telephone Service Contracts INTRODUCED:02/19/2014 Attachment A Page 13 of 155 8   DISPOSITION: Pending LOCATION: Senate Appropriations Committee SUMMARY: Requires any contract to provide telephone services to any person detained or sentenced to a jail or juvenile facility to be negotiated and awarded to an entity that meets the jail or juvenile facility's technical, functional and security requirements for services, and that provides the lowest cost of service. Prohibits such contract from including any commission or other payment to the entity operating the facility. Requires that telephone rates be reduced in response to the elimination of commission fees. STATUS: 08/14/2014 In SENATE Committee on APPROPRIATIONS: Held in committee. Position: Watch CA AB 1894 AUTHOR: Ammiano [D] TITLE: Medical Cannabis INTRODUCED:02/19/2014 DISPOSITION: Failed LOCATION: ASSEMBLY SUMMARY: Enacts the Medical Cannabis Regulation and Control Act. Creates the Division of Medical Cannabis Regulation and Enforcement. Relates to the taxation of commercial medical cannabis registrants. Prohibits more than one such registration. Provides for required registrant recordkeeping. Specifies that a recommendation of medical cannabis without being necessary is unprofessional conduct. Authorizes a local privilege and use tax subject to voter approval. STATUS: 05/29/2014 In ASSEMBLY. Read third time. Failed to pass ASSEMBLY. (26-33) CA AB 1961 AUTHOR: Eggman [D] TITLE: Land Use: Planning: Sustainable Farmland Strategy INTRODUCED:02/19/2014 DISPOSITION: Pending LOCATION: Assembly Appropriations Committee SUMMARY: Requires each county to develop a sustainable farmland strategy. Requires the sustainable farmland strategy to include, among other things, a map and inventory of all agriculturally zoned land within the county, a description of the goals, strategies, and related policies and ordinances, to retain agriculturally zoned land where practical and mitigate the lose of such land to other uses or zones. STATUS: 05/23/2014 In ASSEMBLY Committee on APPROPRIATIONS: Held Attachment A Page 14 of 155 9   in committee. Position: Watch CA AB 2042 AUTHOR: Levine [D] TITLE: Clean Vehicle Rebate Project INTRODUCED:02/20/2014 DISPOSITION: Pending LOCATION: Senate Transportation and Housing Committee SUMMARY: Relates to the Air Quality Improvement Program which establishes the Clean Vehicle Rebate Project to promote the production and use of zero-emission vehicles. Authorizes the State Air Resources Board to establish and maintain a wait list of eligible project applicants, on a first-come-first-served basis, that have not received the rebate because of insufficient funding. Requires rebates to applicants on the list if the Legislature appropriates additional moneys for purposes of the project. STATUS: 06/25/2014 From SENATE Committee on ENVIRONMENTAL QUALITY: Do pass to Committee on TRANSPORTATION AND HOUSING. (4-2) Commentary: CWDA and CSAC are working with the author and advocates to express our opposition to making these children part of the child welfare/foster care system. Counties can support and assist in the identification of safe and qualified temporary homes for these children while they await immigration hearings, but we oppose defining them under the CWS system which creates a mandated county cost as well as workload. CA AB 2060 AUTHOR: Perez V [D] TITLE: Supervised Population Workforce Training Grant Program INTRODUCED:02/20/2014 DISPOSITION: Enacted LOCATION: Chaptered SUMMARY: Establishes the Supervised Population Workforce Training Grant Program. Sets forth grant program eligibility criteria for counties. Provides that eligible uses for grant funds include vocational training, stipends for trainees, and apprenticeship opportunities for individuals on probation, mandatory supervision, and postrelease community supervision. Requires a specified report on the program. STATUS: 09/17/2014 Signed by GOVERNOR. 09/17/2014 Chaptered by Secretary of State. Chapter No. 383 Commentary: Support requested by WDB. BOS approved Support position on 6/25/14. Sent Attachment A Page 15 of 155 10   letter of support on 7/15/14. Sent letter to Governor on 9/2/14. Position: Support CA AB 2126 AUTHOR: Bonta [D] TITLE: Meyers Milias Brown Act Mediation INTRODUCED:02/20/2014 DISPOSITION: Vetoed LOCATION: Vetoed SUMMARY: Amends the Meyers-Milias-Brown Act. Permits either party to contract negotiations to request mediation and agree upon a mediator. Authorizes the Public Employee Relations Board to appoint a mediator upon request. Relates to a waiver of such request if the public agency has a impasse procedure. Authorizes certain collective bargaining negotiation differences to apply to these provisions. STATUS: 09/30/2014 Vetoed by GOVERNOR. Commentary: Assembly Bill 2126, by Assembly Member Rob Bonta, has been amended to include language from Senate Bill 979, by Senator Jim Beall. BOS approved Oppose positions on AB 2126 and SB 979 on 4/22/14. Sent opposition letters on 6/17/14 and 7/15/14. Sent veto request to Governor on 9/2/14. Position: Oppose CA AB 2151 AUTHOR: Wagner [R] TITLE: Counties: Search or Rescue: Costs INTRODUCED:02/20/2014 DISPOSITION: Vetoed LOCATION: Vetoed SUMMARY: Provides that whenever a county or city and county either receives a reimbursement claim from another county or city and county for a search or rescue, or conducts its own search or rescue, of one of its residents who is a specified age or older, the county of city and county may in turn seek reimbursement for the actual costs incurred from that resident, the use of extraordinary methods caused by specified acts or omissions. States the maximum reimbursement. Requires an ordinance for reimbursement. STATUS: 09/27/2014 Vetoed by GOVERNOR. Position: Watch CA AB 2217 AUTHOR: Melendez [R] TITLE: Pupil and Personnel Health: AEDs INTRODUCED:02/20/2014 DISPOSITION: Enacted Attachment A Page 16 of 155 11   LOCATION: Chaptered SUMMARY: Authorizes a public school to solicit and receive nonstate funds to acquire and maintain an automated external defibrillator (AED). Provides that the employees of the school district are not liable for civil damages resulting from certain uses, attempted uses or non-uses of an AED. Exempts a public school or district, that is in compliance with AED requirements, from civil damage liability. STATUS: 09/29/2014 Chaptered by Secretary of State. Chapter No. 812 Commentary: Consistent with Board policy (we supported last year's AB 939). Sent letter of support on 4/1/14 and 7/15/14. Sent letter to Governor on 9/2/14. Position: Support CA AB 2228 AUTHOR: Cooley [D] TITLE: Crisis Nurseries INTRODUCED:02/20/2014 DISPOSITION: Enacted LOCATION: Chaptered SUMMARY: Requires crisis nurseries to be licensed to operate overnight programs. Specifies the maximum capacity. Requires that a licensee designate at least one lead caregiver, to be present at the crisis nursery at all times when children are present. Requires the licensee to develop, maintain and implement a written staff training plan. Requires a crisis nursery to have at least one caregiver at all times who is trained in pediatric first aid and cardiopulmonary resuscitation. Relates to volunteers. STATUS: 09/28/2014 Chaptered by Secretary of State. Chapter No. 735 Commentary: Sent letter of support on 6/17/14. Sent letter to Governor on 9/2/14. Position: Support CA AB 2231 AUTHOR: Gordon [D] TITLE: State Controller: Property Tax Postponement INTRODUCED:02/20/2014 DISPOSITION: Enacted LOCATION: Chaptered SUMMARY: Relates to claims for postponement under the Senior Citizens and Disabled Citizens Property Tax Postponement Law to include filing a claim, excluding mobile homes and houseboats, surviving spouse procedures, a related fund, an increase in the related implementation fee, the lien for postponed property taxes and recording thereof, the equity requirement for program participation, the updating of repayment of the postponed taxes, tax-default sales, nonresidential Attachment A Page 17 of 155 12   commercial property, and eligibility. STATUS: 09/28/2014 Chaptered by Secretary of State. Chapter No. 703 Commentary: TT Rusty Watts requests support. Sent letter of support from Chair on 5/13/14. BOS approved Support position on 6/17/14. Sent letter of support on 6/19/14, 7/15/14 and 8/12/14. CA AB 2241 AUTHOR: Eggman [D] TITLE: Local Government: Agricultural Land INTRODUCED:02/21/2014 DISPOSITION: Enacted LOCATION: Chaptered SUMMARY: Requires a city or county to charge the property owner a recission fee of a specified percentage of the fair market value of the property at the time of the recission for both land under a Williamson Act contract and land designated as a farmland security zone. STATUS: 09/26/2014 Chaptered by Secretary of State. Chapter No. 582 Position: Watch CA AB 2273 AUTHOR: Ridley-Thomas S [D] TITLE: Payment of Election Expenses INTRODUCED:02/21/2014 DISPOSITION: Pending LOCATION: Assembly Appropriations Committee SUMMARY: Provides that expenses authorized and necessarily incurred on or after a specified date, and for each year thereafter, for elections proclaimed by the Governor to fill a vacancy in the office of Senator or Member of the Assembly, or to fill a vacancy in the office of United States Senator or Member of United States House of Representatives, shall be paid by the state. STATUS: 05/23/2014 In ASSEMBLY Committee on APPROPRIATIONS: Held in committee. Position: Watch CA AB 2275 AUTHOR: Ridley-Thomas S [D] TITLE: Copies of Marriage, Birth and Death Certificates INTRODUCED:02/21/2014 DISPOSITION: Pending LOCATION: Senate Judiciary Committee SUMMARY: Authorizes, if the request for a certified copy of a birth, death or marriage Attachment A Page 18 of 155 13   record is made electronically, an official to accept electronic acknowledgment, sworn under penalty of perjury, that the requester is an authorized person. Requires a method for the clerk to establish the identity of the requester electronically and would require a system used to process the electronic request and to establish the requester's identity to protect their personal information. STATUS: 06/24/2014 In SENATE Committee on JUDICIARY: Failed passage. Position: Watch CA AB 2284 AUTHOR: Williams [D] TITLE: Recycling: Household Batteries Pilot Projects INTRODUCED:02/21/2014 DISPOSITION: Pending LOCATION: Senate Environmental Quality Committee SUMMARY: Requires the development and funding of local battery recycling pilot projects which would be required to provide data regarding the implementation and outcomes of the projects. Requires a review and compilation of information collected from the projects to be made available to local agencies, and the development of guidelines to assist local governments. Appropriates funds deposited in the Integrated Waste Management Account to develop and fund such projects. STATUS: 06/11/2014 To SENATE Committee on ENVIRONMENTAL QUALITY. Commentary: Consistent with Board policy. Sent letter of support on 5/20/14. Position: Support CA AB 2313 AUTHOR: Nestande [R] TITLE: Metal Theft and Related Recycling Crimes INTRODUCED:02/21/2014 DISPOSITION: Pending LOCATION: Senate Inactive File SUMMARY: Requires the Department of Justice to establish a Metal Theft Task Force Program designed to enhance the department's capacity to serve as the leas law enforcement agency in the investigation and prosecution of illegal recycling operations, and metal theft and related crimes. Authorizes entering into partnerships with local entities and district attorneys for achieving goals of the program. Creates a related fund for moneys that fund the purposes of the program. Requires a junk or recyclers annual fee. STATUS: 08/26/2014 In SENATE. From third reading. To Inactive File. Attachment A Page 19 of 155 14   CA AB 2314 AUTHOR: Hall [D] TITLE: Peace Officers: Firearms INTRODUCED:02/21/2014 DISPOSITION: Pending LOCATION: Senate Public Safety Committee SUMMARY: Authorizes any probation officer or deputy probation officer to carry firearms as determined by the chief probation officer on a case-by-case and unit-by-unit basis under terms and conditions specified by the chief probation officer. Requires the development of a policy as to whether officers who supervise high-risk caseloads should be armed. Provides the time period for the development and implementation of such policy. Defines high-risk caseload. STATUS: 06/24/2014 In SENATE Committee on PUBLIC SAFETY: Not heard. Commentary: CPOC opposes. CA AB 2325 AUTHOR: Perez J [D] TITLE: Medi-Cal: CommuniCal INTRODUCED:02/21/2014 DISPOSITION: Vetoed LOCATION: Vetoed SUMMARY: Requires the State Department of Health Care Services to establish the Medi-Cal Patient-Centered Communication program to be administered by a 3rd-party administrator, to provide and reimburse for medical interpretation services to Medi-Cal beneficiaries who are limited English proficient. Establishes the CommuniCal Program Fund. Requires the Department of Health Care Services to be the certifying body for CommuniCal certified medical interpreters. Allows joining labor organizations. STATUS: 09/29/2014 Vetoed by GOVERNOR. Commentary: To BOS for Support on 9/9/14, as recommended by Legislation Cmte. Sending Chair letter of support on 8/11/14 and on 9/2/14 to Governor. Formerly AB 1263, vetoed by Governor in 2013. Position: Support CA AB 2379 AUTHOR: Weber [D] TITLE: Abuse of Elders and Dependent Adults: Teams INTRODUCED:02/21/2014 DISPOSITION: Enacted LOCATION: Chaptered SUMMARY: Amends existing law that authorizes counties to establish multidisciplinary Attachment A Page 20 of 155 15   personnel teams composed of persons training in the prevention, identification, management, or treatment of abuse of elderly or dependent adults, that may include social workers with experience or training in prevention of abuse of elderly or dependent adults. Adds child welfare services personnel to the list of persons who may be included in those personnel teams. STATUS: 06/25/2014 Signed by GOVERNOR. 06/25/2014 Chaptered by Secretary of State. Chapter No. 62 CWDA: Support2 CA AB 2381 AUTHOR: Bonilla [D] TITLE: Private Parking Facilities INTRODUCED:02/21/2014 DISPOSITION: Pending LOCATION: Senate Transportation and Housing Committee SUMMARY: Authorizes a city or county to include in an ordinance or resolution authorization for the operator of privately owned and maintained offstreet parking facility to regulate unauthorized parking in that facility. Requires a facility owner or operator to include in a notice of parking violation instructions that describe the manner in which to contest the violation notice. Prohibits the owner or operator from filing with, or transmitting to, a related department a notice of parking violation. STATUS: 05/15/2014 To SENATE Committee on TRANSPORTATION AND HOUSING. Commentary: BOS approved Support position on 5/13/14. Sent support letter to the author on 5/14/14. Sent support letter to the Cmte on 6/10/14. CA AB 2393 AUTHOR: Levine [D] TITLE: Vehicle Registration Fees INTRODUCED:02/21/2014 DISPOSITION: Enacted LOCATION: Chaptered SUMMARY: Relates to disbursement of vehicle registration fees. Authorizes a county to impose the fee, to increase that fee and impose an additional fee. Increases the additional fee on commercial vehicles. Requires the county to submit resolutions to impose or increase fees to the Department of Motor Vehicles prior to the operative date of the fee. STATUS: 08/25/2014 Signed by GOVERNOR. 08/25/2014 Chaptered by Secretary of State. Chapter No. 292 Commentary: Attachment A Page 21 of 155 16   BOS approved Support position on 6/3/14. Sent letter of support on 6/10/14. CA AB 2402 AUTHOR: Buchanan [D] TITLE: Noxious Weed Management INTRODUCED:02/21/2014 DISPOSITION: Enacted LOCATION: Chaptered SUMMARY: Relates to Noxious Weed Management Account in the Department of Food and Agriculture Fund and allocation of those funds. Revises the percentages of those allocations. Revises the purposes for which the percentage of funds allocated for research may be used to include mapping, risk assessment and prioritization of weeds. Provides for a grant program. Increases water supply and flow among the goals that are including in the program. STATUS: 08/22/2014 Chaptered by Secretary of State. Chapter No. 271 Position: Support CA AB 2403 AUTHOR: Rendon [D] TITLE: Local Government: Assessments, fees, and charges INTRODUCED:02/21/2014 DISPOSITION: Enacted LOCATION: Chaptered SUMMARY: States that provisions of the State Constitution generally require that assessments, fees, and charges be submitted to property owners for approval or rejection after the provisions of written notice and the holding of a public hearing. Modifies the definition of water to mean water from any source. STATUS: 06/28/2014 Signed by GOVERNOR. 06/28/2014 Chaptered by Secretary of State. Chapter No. 78 Commentary: Mitch says we can be supportive, though the bill doesn't do much for us. Consistent with Board policy. Sent letter of support on 6/9/14. CA AB 2404 AUTHOR: Eggman [D] TITLE: Criminal History Information INTRODUCED:02/21/2014 DISPOSITION: Enacted LOCATION: Chaptered SUMMARY: Requires the Department of Justice to disseminate the sex offenders registration status of an applicant for peace officer employment or certification, when the State summary criminal history is furnished for specified purposes. STATUS: Attachment A Page 22 of 155 17   09/19/2014 Signed by GOVERNOR. 09/19/2014 Chaptered by Secretary of State. Chapter No. 472 Commentary: Sent letter of support on 3/17/14. CA AB 2418 AUTHOR: Bonilla [D] TITLE: Health Care Coverage: Prescription Drugs: Refills INTRODUCED:02/21/2014 DISPOSITION: Vetoed LOCATION: Vetoed SUMMARY: Amends the Knox-Keene Health Care Service Plan Act and regulation of health care service plans by the Department of Managed Health Care. Requires a health care service plan contract or health insurance policy that provides prescription drug benefits to permit and apply a prorated daily cost-sharing rate to prescription refills that are dispensed by a participating pharmacy for less than the standard refill amount under specified conditions. Authorizes early refill of covered topical ophthalmic products. STATUS: 09/25/2014 Vetoed by GOVERNOR. Commentary: Support requested by AM Bonilla. Watch position, as recommended by the Legislation Cmte. Position: Watch CA AB 2471 AUTHOR: Frazier [D] TITLE: Public Contracts: Change Orders INTRODUCED:02/21/2014 DISPOSITION: Pending LOCATION: Senate Appropriations Committee SUMMARY: Requires a public entity, when authorized to order changes or additions in the work in a public works contract awarded to the lowest bidder, to issue a change order promptly and not later than a specified time period. Requires if this requirement is not met, the entity to be liable to the original contractor for the completed work. Requires prejudgment interest to accrue. Provides procedural requirements for the submission of change orders by subcontractors. STATUS: 08/04/2014 From SENATE Committee on APPROPRIATIONS with author's amendments. 08/04/2014 In SENATE. Read second time and amended. Re-referred to Committee on APPROPRIATIONS. 08/04/2014 In SENATE Committee on APPROPRIATIONS: Not heard. Position: Watch Attachment A Page 23 of 155 18   CA AB 2507 AUTHOR: Bocanegra [D] TITLE: Public Records Act: Exemptions INTRODUCED:02/21/2014 DISPOSITION: Pending LOCATION: Assembly Judiciary Committee SUMMARY: Provides that outside attorney billing records, when they are prepared in connection with a pending civil action in which a public agency is the defendant, are exempt from the State Public Records Act disclosure provisions during the pendency of the litigation. STATUS: 04/22/2014 In ASSEMBLY Committee on JUDICIARY: Not heard. Position: Watch CA AB 2521 AUTHOR: Hagman [R] TITLE: Corrections: Data Collection INTRODUCED:02/21/2014 DISPOSITION: Pending LOCATION: Senate Appropriations Committee SUMMARY: Relates to the Board of State and Community Corrections. Requires the board to collect and analyze data regarding recidivism rates of all persons who receive sentences for felonies punishable by imprisonment in a county jail or who have been placed on postrelease community supervision. Requires the data to include recidivism rates for offenders specified years after their release in the community. STATUS: 08/14/2014 In SENATE Committee on APPROPRIATIONS: Held in committee. Position: Watch CA AB 2572 AUTHOR: Ting [D] TITLE: Environmental Justice: Reports INTRODUCED:02/21/2014 DISPOSITION: Pending LOCATION: Assembly Natural Resources Committee SUMMARY: Amends existing law that requires the Secretary for Environmental Protection to submit a report on the implementation of provisions of law relating to environmental justice. Requires this report to identify and address any gaps in the Environmental Protection agency's existing programs, policies, or activities that may impede the achievement of environmental justice. STATUS: 03/13/2014 To ASSEMBLY Committee on NATURAL Attachment A Page 24 of 155 19   RESOURCES. Position: Watch CA AB 2703 AUTHOR: Quirk-Silva [D] TITLE: County Veterans Service Officers INTRODUCED:02/21/2014 DISPOSITION: Pending LOCATION: Senate Appropriations Committee SUMMARY: Relates to the disbursement of funds by the Department of Veterans Affairs for the purpose of supporting county veterans service officers pursuant to the annual Budget Act. Authorizes the Department to develop an allocation formula based upon performance to encourage innovation and reward outstanding service by county veterans service officers. Requires moneys appropriated for such purposes in the annual Budget Act to be allocated in accordance with that formula. STATUS: 08/14/2014 In SENATE Committee on APPROPRIATIONS: Held in committee. Commentary: Consistent with Board policy (Veterans Issues #148). Sent letter of support on 2/25/14 and 7/15/14. Position: Support CA AJR 39 AUTHOR: Hernandez R [D] TITLE: Cable and Video Service INTRODUCED:02/19/2014 DISPOSITION: Adopted LOCATION: Chaptered SUMMARY: Calls on the United State Congress to amend a specified federal law to allow states and their municipalities to determine the best use of public, educational, and government channel support. STATUS: 07/07/2014 Chaptered by Secretary of State. 07/07/2014 Resolution Chapter No. 88 Commentary: Sent letter of support on 3/3/14; consistent with Platform. Position: Support CA SB 270 AUTHOR: Padilla [D] TITLE: Solid Waste: Single-Use Carryout Bags INTRODUCED:02/14/2013 DISPOSITION: Enacted LOCATION: Signed by Governor Attachment A Page 25 of 155 20   SUMMARY: Prohibits specified stores from providing a single-use carryout bag to a customer. Requires such stores to meet other requirements regarding providing recycled paper bags and compostable bags. Requires a bag fee and creates a related fund. Requires bags sold or provided to a store by a reusable grocery bag producer to meet specified requirements. Requires certification and testing and public online information. Allows retail voluntary compliance. Authorizes local civil penalties and startup loans. STATUS: 09/30/2014 Signed by GOVERNOR. Commentary: BOS approved Support position on 4/1/14. Sent letter of support on 5/13/14 and 8/12/14 and on 9/2/14 to Governor. Position: Support CA SB 498 AUTHOR: Lara [D] TITLE: Solid Waste: Biomass Conversion INTRODUCED:02/21/2013 DISPOSITION: Enacted LOCATION: Chaptered SUMMARY: Revises the definition of biomass conversion. Requires a solid waste facility sending materials to a biomass conversion facility to ensure the materials sent are limited to certain specified materials. Authorizes a local enforcement agency to inspect the facility. Requires the biomass facility owner or operator to submit an annual report to the Department of Resources Recycling and Recovery with specified information for the preceding year. STATUS: 09/28/2014 Chaptered by Secretary of State. Chapter No. 746 Position: Watch CA SB 506 AUTHOR: Hill [D] TITLE: Railroad Tank Care Hazardous Materials Safety Fund INTRODUCED:02/21/2013 DISPOSITION: Pending LOCATION: Assembly Transportation Committee SUMMARY: Imposes a fee upon every owner of hazardous material at the time that such material is transported by rail by a tank car in the State. Requires a railroad to collect that fee and pay it to the Board of Equalization. Creates the Railroad Tank Care Hazardous Materials Safety Fund and provides for the fees to be deposited into that Fund. Requires the fee revenue to be used for planning, developing, and maintaining emergency response capability for accidents involving hazardous materials railroad tank cars. STATUS: Attachment A Page 26 of 155 21   06/16/2014 Re-referred to ASSEMBLY Committee on TRANSPORTATION. Commentary: Watch this bill. Randy is aware... some red flags. CA SB 673 AUTHOR: DeSaulnier [D] TITLE: Employees' Retirement: Contra Costa County INTRODUCED:02/22/2013 DISPOSITION: Enacted LOCATION: Chaptered SUMMARY: Makes the Contra Costa County retirement system for purposes of the County Employees Retirement System. Authorizes the board of retirement to appoint an administrator and personnel as required to accomplish the work of the board. Authorizes the administrator to make appointments on its behalf. Provides these employees are employees of the retirement system and not the county. Exempts such employees from civil service provisions and merit system rules. Makes the board a public agency for certain purposes. STATUS: 08/22/2014 Signed by GOVERNOR. 08/22/2014 Chaptered by Secretary of State. Chapter No. 244 Commentary: SUMMARY SB 673 is a district bill to designate the Contra Costa County Employee Retirement Association (CCCERA) as the statutory employer for all purposes of staff serving at the CCCERA. BACKGROUND Currently, the staff serving at the CCCERA is employed by the county, as provided in Government Code section 31522.1. Since the passage in 1996 of Article XVI, section 17 of the State Constitution, which gives retirement boards plenary authority to administer retirement systems, there have been several issues regarding the county's and CCCERA's respective rights and responsibilities for these employees. This matter first arose as to the ability to establish retirement benefits for these employees. The parties litigated this issue which was resolved by the appellate decision, Corcoran v. Contra Costa County Employees Retirement Association(1997) 60 Cal.App.4th 89. The Corcoran decision established that CCCERA sets retirement benefits for staff serving at CCCERA. A subsequent appellate decision, Westley v. Cal. Pub. Employees Retirement System(2003) 105 Cal.App.4th 1095, held that Article XVI, Section 17 did not give CalPERS authority to determine staff compensation. Against this legal backdrop, administrative issues continued to arise concerning terms and conditions of employment for the staff serving at CCCERA. In 2011, CCCERA filed a legal action to clarify the parties' respective roles and Attachment A Page 27 of 155 22   responsibilities for the staff. This case was resolved in 2013 through a court-approved settlement providing that the staff would be employed by the CCCERA directly instead of employed by the county and that the parties would jointly seek the legislation necessary to implement this transition. THIS BILL SB 673 designates the CCCERA as the statutory employer for staff serving at the CCCERA. SB 673 maintains existing terms and conditions of employment for represented employees during the transition period. The County and the CCCERA jointly seek passage of this bill. Sent letter of support on 1/8/14 and 6/18/14 and floor alert on 8/6/14. Sent letter to Governor requesting signature on 8/7/14. Priority: High Sponsored: County_Sponsored CA SB 674 AUTHOR: Corbett [D] TITLE: CEQA: Exemption: Residential Infill Projects INTRODUCED:02/22/2013 DISPOSITION: Enacted LOCATION: Chaptered SUMMARY: Relates to California Environmental Quality Act exemptions for residential infill projects; exempts as residential a use consisting of residential units and primary neighborhood-serving goods, services, and retail uses that do not exceed a specified percentage of the total building square footage of the project. STATUS: 09/25/2014 Signed by GOVERNOR. 09/25/2014 Chaptered by Secretary of State. Chapter No. 549 Commentary: Consistent with Board policy #105. Position: Support CA SB 785 AUTHOR: Wolk [D] TITLE: Design-Build INTRODUCED:02/22/2013 DISPOSITION: Enacted LOCATION: Signed by Governor SUMMARY: Repeals certain authorizations and enacts provisions that would authorize the Department of General Services, the Department of Corrections and Rehabilitation, and certain local agencies to use the design-build procurement process for specified public works. Authorizes the use of such process by the Marin Healthcare District when contracting for building and improvements construction to a hospital or health facility at the Marin General Hospital. Includes the San Diego Unified Port District. Attachment A Page 28 of 155 23   STATUS: 09/30/2014 Signed by GOVERNOR. Commentary: Sending to PW. Cathy asks for support. Consistent with Platform, partially. Sent letter to Governor on 9/4/14. CA SB 803 AUTHOR: DeSaulnier [D] TITLE: Counties: Consolidation of Offices INTRODUCED:02/22/2013 DISPOSITION: Enacted LOCATION: Chaptered SUMMARY: Authorizes Contra Costa County to, by ordinance, appoint the public administrator to the board of supervisors, appoint the same person to the office of the public administrator and public guardian, and separate the consolidated offices of district attorney and public administrator. STATUS: 07/09/2014 Signed by GOVERNOR. 07/09/2014 Chaptered by Secretary of State. Chapter No. 113 Commentary: County-sponsored bill. Sent letter of support on 5/22/14 and letter to Governor on 6/24/14. Sponsored: County_Sponsored CA SB 837 AUTHOR: Steinberg [D] TITLE: Early Childhood Education: Professional Development INTRODUCED:01/06/2014 DISPOSITION: Pending LOCATION: Assembly Appropriations Committee SUMMARY: Allocates a certain amount of moneys appropriated in the Budget Act of 2014, for purposes of professional development stipends for teachers in transitional kindergarten and teachers in the State preschool program. Requires the State Department of Education to consult with various entities, including the California Community Colleges, for purposes of administering related provisions of existing law. STATUS: 08/14/2014 In ASSEMBLY Committee on APPROPRIATIONS: Held in committee. Commentary: BOS approved Watch position on 4/22/14. Sent letters expressing concerns on 5/13/14. CA SB 883 AUTHOR: Hancock [D] TITLE: West Contra Costa Healthcare District Attachment A Page 29 of 155 24   INTRODUCED:01/09/2014 DISPOSITION: Enacted LOCATION: Chaptered SUMMARY: Appropriates a specified amount of funding from the Major Risk Medical Insurance Fund to the West Contra Costa Healthcare District for support of the Doctors Medical Center. STATUS: 09/27/2014 Chaptered by Secretary of State. Chapter No. 691 Commentary: Letter of support from Chair of Board. Supervisor Gioia also sent individual letter. CA SB 899 AUTHOR: Mitchell [D] TITLE: CalWORK'S: Eligibility INTRODUCED:01/14/2014 DISPOSITION: Pending LOCATION: Senate Appropriations Committee SUMMARY: Repeals an exclusion for purposes of determining the family's maximum aid payment under the CALWorks program. Prohibits the denial of aid or denial of an increase in the maximum aid payment if a child was born into an applicant's or recipient's family while the applicant's or recipient's family was receiving aid under the program. Prohibits conditioning an applicant's or recipient's eligibility for aid on the disclosure of information regarding rape, incest, or contraception, or use of contraception. STATUS: 05/23/2014 In SENATE Committee on APPROPRIATIONS: Held in committee. Commentary: BOS adopted support position on 6/03/14. CA SB 909 AUTHOR: Pavley [D] TITLE: Dependent Children: Health Screenings INTRODUCED:01/23/2014 DISPOSITION: Pending LOCATION: Senate Appropriations Committee SUMMARY: Permits, in the absence of a standing court order, a social worker to authorize a noninvasive initial medical, dental, and mental health screening of a child in temporary custody. Requires the worker to make reasonable attempts to notify the parent that the child will be undergoing a screening and to provide the parent with a reasonable opportunity to object. Requires screening only upon the order of the court, if the parent objects. Adds mental health care to the care that may be authorized for the child. Attachment A Page 30 of 155 25   STATUS: 05/23/2014 In SENATE Committee on APPROPRIATIONS: Held in committee. Bureau-Subject:ChildrensServices CWDA: Support2 Position: Watch CA SB 939 AUTHOR: Block [D] TITLE: Criminal Jurisdiction INTRODUCED:02/03/2014 DISPOSITION: Enacted LOCATION: Chaptered SUMMARY: Amends existing law that requires when more than one violation of certain specified provisions of law occurs in more than one jurisdictional territory, that jurisdiction for any of those offenses is in any jurisdiction where at least one of the offenses occurred if all district attorneys in counties with jurisdiction of the offenses agree to the venue. Adds human trafficking, pimping, and pandering in those offenses. Deletes provisions of existing law regarding the prosecution of human trafficking. STATUS: 08/22/2014 Signed by GOVERNOR. 08/22/2014 Chaptered by Secretary of State. Chapter No. 246 Commentary: Consistent with Board policy #126: SUPPORT legislation that will combat the negative impact that human trafficking has on victims in our communities, including the impact that this activity has on a range of County services and supports, and support efforts to provide additional tools, resources and funding to help counties address this growing problem. CA SB 942 AUTHOR: Vidak [R] TITLE: Special Elections INTRODUCED:02/04/2014 DISPOSITION: Pending LOCATION: Senate Appropriations Committee SUMMARY: Provides that expenses authorized and necessarily incurred on or after and before specified dates for elections proclaimed by the Governor to fill a vacancy in the office of Senator or Member of the Assembly, or to fill a vacancy in the office of United States Senator or Member of the United States House of Representatives, shall be paid by the state. STATUS: 05/23/2014 In SENATE Committee on APPROPRIATIONS: Held in committee. Position: Support Attachment A Page 31 of 155 26   CA SB 955 AUTHOR: Mitchell [D] TITLE: Interception of Electronic Communications INTRODUCED:02/06/2014 DISPOSITION: Enacted LOCATION: Chaptered SUMMARY: Adds human trafficking to the list of offenses for which interception of electronic communications may be ordered pursuant to provisions of existing law. STATUS: 09/28/2014 Chaptered by Secretary of State. Chapter No. 712 Position: Watch CA SB 963 AUTHOR: Torres [D] TITLE: Elections: Payment of Expenses INTRODUCED:02/06/2014 DISPOSITION: Pending LOCATION: Senate Appropriations Committee SUMMARY: Provides that expenses authorized and necessarily incurred for elections proclaimed by the Governor to fill a vacancy in the office of Senator or Member of the Assembly, or to fill a vacancy in the office of United States Senator or Member of the United States House of Representatives, shall be paid by the state. Requires the state to pay only those additional expenses directly related to an election. STATUS: 05/23/2014 In SENATE Committee on APPROPRIATIONS: Held in committee. Position: Support CA SB 979 AUTHOR: Beall [D] TITLE: Public Employee Organizations: Differences: Panel INTRODUCED:02/11/2014 DISPOSITION: Pending LOCATION: Senate Public Employment and Retirement Committee SUMMARY: Amends existing law that authorizes a local employee organization to request that the differences in negotiations regarding wages, hours, and other terms and conditions of employment be submitted to a fact finding panel. Provides that the differences under existing law include those differences that arise from any dispute over any matter within the scope of representation as to which an obligation to meet and confer exists and are not limited to negotiations after impasse. STATUS: Attachment A Page 32 of 155 27   03/19/2014 Re-referred to SENATE Committee on PUBLIC EMPLOYMENT AND RETIREMENT. Commentary: BOS approved Oppose position on 4/22/14. Sending opposition letter. CA SB 983 AUTHOR: Hernandez E [D] TITLE: High-Occupancy Toll Lanes INTRODUCED:02/11/2014 DISPOSITION: Pending LOCATION: Assembly Appropriations Committee SUMMARY: Requires guidelines for development and operation of high-occupancy toll lanes. Relates to conversion of nontoll and nonuser-fee lanes. Authorizes the Santa Clara Valley Transportation Authority to apply to develop and operate high-occupancy lanes and a value-pricing program and public transit preferential lane facilities. Removes the limitation on the number of approved facilities. Deletes the application deadline. Provides each application is subject to review. Authorizes certain bonds. STATUS: 08/14/2014 In ASSEMBLY Committee on APPROPRIATIONS: Held in committee. CA SB 1000 AUTHOR: Monning [D] TITLE: Public Health: Sugar-Sweetened Beverages: Warnings INTRODUCED:02/13/2014 DISPOSITION: Pending LOCATION: Assembly Health Committee SUMMARY: Establishes the Sugar-Sweetened Beverages Safety Warning Act, which would prohibit a person from distributing, selling, or offering for sale a sugar-sweetened beverage in a sealed beverage container, or a multipack of sugar-sweetened beverages, in this state unless the beverage container or multipack bears a specified safety warning. Requires the posting of warnings on vending machines and in places where such beverages are sold in unsealed containers. Provides civil penalties for violations. STATUS: 06/17/2014 In ASSEMBLY Committee on HEALTH: Failed passage. 06/17/2014 In ASSEMBLY Committee on HEALTH: Reconsideration granted. Commentary: To BOS for Support on 6/17/14, as recommended by Legislation Cmte. Sent "Chair" letter of support to the Cmte on 06/10/14 (prior to BOS approval). Sent letter of support to author on 7/15/14. CA SB 1014 AUTHOR: Jackson [D] Attachment A Page 33 of 155 28   TITLE: Pharmaceutical Waste: Home Generated: Collection INTRODUCED:02/13/2014 DISPOSITION: Pending LOCATION: Assembly Appropriations Committee SUMMARY: Requires the State Board of Pharmacy, upon enactment of federal regulations, to adopt regulations to implement State drug takeback programs for the collection and destruction of home-generated pharmaceutical waste. Provides that the regulations adopted pursuant to these provisions only apply to licensees of the Board. STATUS: 08/13/2014 In ASSEMBLY Committee on APPROPRIATIONS: Not heard. Commentary: Consistent with Board policy. Sent letter of support on 3/5/14 and 8/11/14. CA SB 1029 AUTHOR: Hancock [D] TITLE: CalFresh Eligibility INTRODUCED:02/14/2014 DISPOSITION: Pending LOCATION: Senate Inactive File SUMMARY: Authorizes CalFresh benefits to be paid to an individual who is convicted of any offense classified as a felony that has as an element the possession, use, or distribution of a controlled substance. Provides that person on parole or probation or a fleeing felon to be ineligible for such benefits during any period of revocation or parole or probation or while a fleeing felon. STATUS: 05/29/2014 In SENATE. From third reading. To Inactive File. Commentary: Consistent with Board policy (BOS supported SB 283 in 2013). Sent letter of support on 4/1/14. CA SB 1081 AUTHOR: Hernandez E [D] TITLE: Federally Qualified Health Centers INTRODUCED:02/19/2014 DISPOSITION: Pending LOCATION: Senate Appropriations Committee SUMMARY: Relates to the Medi-Cal program, the State Department of Health Care Services and federally qualified health center services. Requires the department to authorize an alternative payment methodology pilot project that would be implemented in any county and FQHC willing to participate with capitated monthly payments for each Medi-Cal managed care enrollee. Requires an evaluation of the APM pilot project to be conducted by an independent entity. Attachment A Page 34 of 155 29   STATUS: 05/23/2014 In SENATE Committee on APPROPRIATIONS: Held in committee. Commentary: Consistent with Board policy. Sent letter of support on 4/7/14. Requested by Dr. Walker. CA SB 1089 AUTHOR: Mitchell [D] TITLE: Medi-Cal: Juvenile Inmates INTRODUCED:02/19/2014 DISPOSITION: Enacted LOCATION: Chaptered SUMMARY: Relates to the Medi-Cal program. Relates to a process to allow counties to receive any available federal financial participation for acute inpatient hospital services and inpatient psychiatric services provided to juvenile inmates who are admitted as inpatients in a medical institution. Provides that the process developed be implemented in only those counties that elect to provide the county's pro rata portion of the nonfederal share of the state's administrative costs. STATUS: 09/29/2014 Chaptered by Secretary of State. Chapter No. 836 Position: Watch CA SB 1129 AUTHOR: Steinberg [D] TITLE: Successor Agencies to Redevelopment Agencies INTRODUCED:02/19/2014 DISPOSITION: Vetoed LOCATION: Vetoed SUMMARY: Relates to the procedures of an successor redevelopment agency regarding the receipt of a finding of completion of a project entered into by the previous redevelopment agency. Relates to the recalculation of the accumulated on the remaining balance of a loan. Relates to the rejection of an enforceable obligation from a recognized obligation payment scheduled for a successor agency that has received a finding of completion. Provides an agency officer or employee may acquire an interest in project property. STATUS: 09/29/2014 Vetoed by GOVERNOR. Position: Watch CA SB 1136 AUTHOR: Huff [R] TITLE: Foster Care Providers: Criminal Records INTRODUCED:02/20/2014 DISPOSITION: Enacted Attachment A Page 35 of 155 30   LOCATION: Chaptered SUMMARY: Authorizes the State Department of Social Services and county welfare agencies to share information with respect to applicants, licensees, certificates, or individuals who have been the subject of any administrative action resulting in the denial, suspension, probation, or revocation of a license, permit, or certificate, or in the exclusion of a person from a facility who is subject to a background check. Requires the sharing of same to county's for child foster placement purposes. STATUS: 08/21/2014 Signed by GOVERNOR. 08/21/2014 Chaptered by Secretary of State. Chapter No. 222 CWDA: Support3 Position: Watch CA SB 1224 AUTHOR: Correa [D] TITLE: Tribal Gaming: Compact Ratification INTRODUCED:02/20/2014 DISPOSITION: Enacted LOCATION: Chaptered SUMMARY: Ratifies the tribal-state gaming compact entered into between the State and the Karuk Tribe, executed on a specified date. STATUS: 08/29/2014 Chaptered by Secretary of State. Chapter No. 300 Position: Watch CA SB 1262 AUTHOR: Correa [D] TITLE: Medical Marijuana INTRODUCED:02/21/2014 DISPOSITION: Pending LOCATION: Assembly Appropriations Committee SUMMARY: Establishes the Bureau of Medical Marijuana Regulation to license dispensing facilities and cultivation sites that provide, process, and grow medical marijuana for medical use subject to local ordinances. Requires a background check for applicants for licensure. Requires related regulations. Makes these licenses subject to local restrictions. Requires security measures for facilities. Requires security breach notification. Prohibits certain physician endorsement ads. Relates to civil fines. STATUS: 08/14/2014 In ASSEMBLY Committee on APPROPRIATIONS: Held in committee. Position: Watch Attachment A Page 36 of 155 31   CA SB 1300 AUTHOR: Hancock [D] TITLE: Refineries: Turnarounds INTRODUCED:02/21/2014 DISPOSITION: Enacted LOCATION: Chaptered SUMMARY: Requires every petroleum refinery employee to submit to the Division of Occupational Safety and Health, a full schedule for the following calendar year of planned turnarounds, meaning a planned, periodic shutdown of a refinery process unit or plant to perform maintenance, overhaul, and repair operations and to inspect, test, and replace process materials and equipment. Requires trade secret protection. Requires a refinery employer to provide access onsite and to provide turnaround documentation. STATUS: 09/20/2014 Chaptered by Secretary of State. Chapter No. 519 Commentary: BOS approved Support position on 4/22/14. Sent letter of support on 4/29/14, 7/1/14 and 8/12/14. Sent letter to Governor on 9/2/14. CA SB 1319 AUTHOR: Pavley [D] TITLE: Groundwater INTRODUCED:02/21/2014 DISPOSITION: Enacted LOCATION: Chaptered SUMMARY: Requires the categorizing of each groundwater basin as high-, medium-, low- or very low priority. Authorizes the designation of certain high- and medium-priority basins as a probationary basin, if certain criteria are met. Authorizes the development of an interim plan for a probationary basin if a local agency has not remedied a deficiency. Removes the authority to implement parts of the plan or program that is determined to be adequate. Relates to sustainability goals for each basin. STATUS: 09/16/2014 Signed by GOVERNOR. 09/16/2014 Chaptered by Secretary of State. Chapter No. 348 Commentary: BOS supported 3-2 on 7/8/14. Sent letter of support on 7/21/14. CA SB 1341 AUTHOR: Mitchell [D] TITLE: Medi-Cal: Statewide Automated Welfare System INTRODUCED:02/21/2014 DISPOSITION: Enacted LOCATION: Chaptered SUMMARY: Requires the Statewide Automated Welfare System to be the system of record Attachment A Page 37 of 155 32   for Medi-Cal and to contain all Medi-Cal eligibility rules and case management functionality. Authorizes the Healthcare Eligibility, Enrollment, and Retention System (CalHEERS) to house the business rules necessary for an eligibility determination. Requires CalHEERS to make the business rules available to the System consortia to determine Medi-Cal eligibility. Requires notices for the Medi-Cal and premium tax credit programs. STATUS: 09/29/2014 Chaptered by Secretary of State. Chapter No. 846 Commentary: Sent letters of support on 6/17/14, 8/4/14 and 8/12/14. Sent letter to Governor on 9/2/14. CA SB 1353 AUTHOR: Nielsen [R] TITLE: Local Government: Williamson Act INTRODUCED:02/21/2014 DISPOSITION: Enacted LOCATION: Chaptered SUMMARY: Amends the Williamson Act, which authorizes a city or county to enter into contracts with owners of land devoted to agricultural use, whereby the owners agree to continue using the property for that purpose, and the city or county agrees to value the land accordingly for purposes of property taxation. Authorizes a county to utilize the process for revising or entering into contracts to specify certain terms indefinitely and to utilize the process for revising or entering into contracts for certain farmland. STATUS: 09/15/2014 Signed by GOVERNOR. 09/15/2014 Chaptered by Secretary of State. Chapter No. 322 Position: Watch CA SB 1388 AUTHOR: Lieu [D] TITLE: Human Trafficking INTRODUCED:02/21/2014 DISPOSITION: Enacted LOCATION: Chaptered SUMMARY: Provides that if a crime of prostitution is committed and the person who was solicited was a minor at the time of the offense, and if the defendant knew or should have known that the person was a minor, the violation is punishable by imprisonment in the county jail, a fine, or both. Increase the additional fine that is placed on a person convicted of violating certain prohibitions against the prostitution of a minor. STATUS: 09/28/2014 Chaptered by Secretary of State. Chapter No. 714 Position: Watch Attachment A Page 38 of 155 33   CA SB 1455 AUTHOR: DeSaulnier [D] TITLE: Libraries: Facilities: Comprehensive Assessment INTRODUCED:02/21/2014 DISPOSITION: Vetoed LOCATION: Vetoed SUMMARY: Requires the State Librarian, using existing resources, to prepare a comprehensive assessment on the statewide need for the new construction, renovation, and rehabilitation of public libraries and submit it to specified entities. STATUS: 09/18/2014 Vetoed by GOVERNOR. Commentary: BOS approved Support position on 6/3/14. Sent letter of support 6/18/14 and letter to Governor on 9/2/14. Attachment A Page 39 of 155 October 31, 2014 To: CSAC Board of Directors CSAC Executive Committee County Administrative Officers Legislative Coordinators From: DeAnn Baker, Director of Legislative Affairs Re: CSAC Advocacy Team Achievements Report—2014 On behalf of California’s 58 counties, the CSAC advocacy team reviewed thousands of bills introduced in 2014. We engaged in various levels of advocacy on hundreds of bills that subsequently were determined to directly impact counties. Further, with the comprehensive nature of recent legislation (e.g., health care reform, AB 32 cap and trade auction proceeds legislation and guidelines, and 2011 Realignment), we find that a significant amount of staff time is expended on successful implementation of far-reaching and complex reforms. Finally, we also responded to numerous proposed regulatory actions at both the state and federal levels. The following achievements report illustrates the steps CSAC took in 2014 to protect vital county resources amounting to over $9 billion, to promote investments in smart intervention and prevention policies, to advocate for county priorities in the state budget, and to ensure that revenues dedicated to counties were distributed appropriately and in accordance with the law. Finally, the report includes a summary from each policy area of key efforts and outcomes related to the 2014 state and federal advocacy priorities adopted by the CSAC Board of Directors. Protecting Vital County Resources CSAC’s 2014 State Advocacy Priorities described our advocacy efforts to protect billions of dollars in financial resources that support locally-delivered services. We identified priority funding areas that served as the focus of our advocacy efforts, and CSAC’s 2014 successes are outlined below. 2011 Realignment (proper distribution of funds) Secured proper distribution of 2011 realignment, including $1B in AB 109 allocation and allocation of mental health funds $6B AB 85/Affordable Care Act Implementation Secured proper distribution of 1991 realignment funds, including retaining funds for public health and returning savings associated with indigent health $1.3B BOE Sales Tax Allocation Error Resolved an 11-quarter misallocation of state sales tax revenues to various local funds, including 1991 and 2011 realignment, Proposition 172 $343M Water Bond Advocated for inclusion of funding for statewide flood management and stormwater in the $7.5B water bond, Proposition 1 $100M (flood) $200M (stormwater) Attachment B Page 40 of 155 CSAC Advocacy Team Achievements Report–2014 Page 2 Transportation Initiative Secured a larger share of transportation revenues in the 2014-15 state budget than originally proposed by the Governor in his January Budget. The state repaid $328M in outstanding Highway User Tax Account loans to the state, cities, and counties. A direct result of CSAC efforts, counties already received 22% of the repayment repaid loans, or $74M, rather than 15% or $50M. $74M Cap and Trade Funds Secured portion of funding for local government and transportation GHG reduction projects $130M Medi-Cal Administration Ensured adequate funding for county outreach, eligibility and enrollment functions $350M In-home Supportive Services (IHSS) Maintenance of Effort (MOE) Monitored the mechanics of the 2012 IHSS MOE agreement $1B Property Tax Allocation Issues Secured state funding for counties with insufficient ERAF and resolved “stranded” supplemental property tax revenue issue $15M Outstanding Mandate Reimbursements Secured $100M repayment for local agencies’ pre-2004 mandate debt with the potential to receive additional payments dependent upon the extent to which state revenues meet or exceed projections. In addition, the pre-2004 mandate debt is identified as an eligible expenditure for purposes of the Rainy Day Fund proposal contained in Proposition 2. $73M TOTAL $9.6B Promoting Smart Prevention and Intervention Investments Given counties’ role in delivering vital services across a vast array of policy areas, CSAC advocated in 2014 for necessary and valuable investments in prevention and intervention programs to avoid more expensive criminal justice, health, and social services system interactions downstream. Accomplishments include:  Significant and ongoing training investments to assist counties in understanding and benefitting from opportunities under the Affordable Care Act, particularly in the context of the criminal justice-involved population. CSAC partnered with the Californians for Safety and Justice on a statewide survey on county practices; sponsored numerous day-long training courses and a webinar to more thoroughly explore specific practices; and continued advocacy efforts to streamline and simplify state Medi-Cal claiming requirements for jail inmates who leave the grounds of a jail for an inpatient hospital stay.  $5 million in 2014-15, growing to $14 million in 2015-16, for prevention and intervention activities and services to children who are victims, or at risk of becoming victims, of commercial sexual exploitation.  $20 million in housing and homeless support for CalWORKs families.  $3 million in additional funding for County Veteran Service Offices.  AB 1733, a measure to assist chronically homeless individuals get identification and access to services, which is on the Governor’s desk. Attachment B Page 41 of 155 CSAC Advocacy Team Achievements Report–2014 Page 3  Worked with state departments in providing guidance to counties on enrolling individuals in the criminal justice system into Medi-Cal. At least 44 counties – covering 96% - of the population are enrolling individuals in jails and/or on probation.  $10.6 million to allow drug felons limited access to CalWORKs and CalFresh benefits.  A continued healthy commitment of resources ($125 million) to SB 678, a program that incentivizes probation intervention and prevention efforts by rewarding county successes with reducing new prison admissions;  A renewed one-time investment in Community Corrections Partnership planning grants – fixed awards to counties based on population – to support AB 109 planning and implementation efforts;  More than $90 million invested in various recidivism reduction programs including, o Mentally Ill Offenders Crime Reduction Grants-$18 million in competitive grants for investment in juvenile and adult populations; o Community Recidivism Reduction Grants-$8 million in one-time funding for each county to provide small grants to nongovernmental entities engaged in a broad-scope of recidivism reduction efforts in the community. o Community Reentry Facilities-$20 million to house inmates prior to release in community facilities, which could also serve as transitional housing and intermediate sanctions for probationers. Additional details on the structure of these programs will follow in the coming weeks. o Collaborative Court Programs Programs-$15 million in one-time competitive grants for operation of programs known to reduce recidivism and enhance public safety, such as collaborative courts, and pretrial and risk assessment programs. o Social Innovation Bonds-As specified in AB 1837 (Atkins), $5 million dedicated to facilitate the use of social innovation financing for recidivism reduction programs, such as housing for former felons. o Workforce Investment Boards-$1 million in one-time competitive grant program for workforce training and job development to serve the reentry population.  A measure to improve counties’ tools to address the problem of human trafficking, SB 473 (Block), was signed into law.  A workshop on gang prevention and intervention efforts will be offered during the CSAC Annual Meeting, and Father Greg Boyle – founder of Homeboy Industries, a renowned youth program targeting at-risk and gang-involved youth – is a featured plenary session speaker. State Budget Advocacy In addition to the Association’s efforts on the specific initiatives outlined above, CSAC staff carefully monitored and lobbied a number of budget matters of critical importance to California counties, some of which are described in further detail in the following policy area reports. The final 2014-15 budget includes grant funding for a pilot program to enhance property tax collection activities in six counties, $500 million in lease revenue bonds for additional local jail construction focused on expanded programming and treatment space, $1 million and a mechanism for counties to seek funding for expanded trial court security following activation of a new court facility, and additional Attachment B Page 42 of 155 CSAC Advocacy Team Achievements Report–2014 Page 4 state funding to participating counties for prevention and intervention activities and services to children who are victims of commercial sexual exploitation, among others. Realignment Implementation Issues CSAC was a key player in resolving allocation issues associated with 1991 Health Realignment and the AB 85 redirection. Over the course of the year, CSAC staff worked closely with the staff at the Department of Finance and the State Controller’s Office to effectuate an accurate allocation schedule and to develop a mechanism for the 2014-15 redirected amounts. Staff spent countless hours of reviewing spreadsheets to ensure that the process resulted in accurate allocations to the Health and Social Services realignment accounts, as well as communicating with county officials to facilitate a consistent understanding of the processes, errors, subsequent corrections, and mechanisms for future allocations. Additionally, CSAC staff worked closely with the Department of Health Care Services to resolve issues associated with the initial data submission under AB 85, including resolving historic realignment percentages, serving on the Health Care Funding Resolution Committee, and assisting with development of templates for redirecting Article 12 and Article 13 funds. CSAC staff also worked closely with the Department of Finance and Department of Health Care Services in developing an allocation of the growth funds for the Behavioral Health Subaccount of 2011 Realignment. Staff discussed claims data for multiple programs and looked at options for ensuring stability and addressing caseload growth. Staff continued this type of work when we learned that the State Board of Equalization had erroneously allocated state sales tax revenues for eleven quarters over three fiscal years. This error, originally associated with the gas tax swap, resulted in misallocations of funds to Proposition 172, 1991 realignment, and 2011 realignment and accounting errors to all state sales tax accounts. While the error was identified by a private consultant, CSAC staff worked in earnest with staff from the Department of Finance, State Controller’s Office, and Board of Equalization to assess the scope of the problem and develop proper remedies, resulting in a significant investment of time and effort to achieve resolution on allocation of revenues owed and reaching a correct accounting for 2014-15 and the years that follow. CSAC will continue to monitor and engage with the Board of Equalization, Department of Finance, and the State Controller’s Office to ensure that new procedures that increase transparency and accuracy are put into place to avoid this type of allocation error. Administration of Justice CSAC – in collaboration with our public safety partners – took an active leadership role in advocating on issues of significance to counties relative to counties’ ongoing AB 109 implementation efforts. With one exception related to giving counties additional options for managing long-term jail sentences, the 2014-15 budget enacted CSAC’s identified public safety priorities, which includes a comprehensive package of investments and expanded authority that will strengthen counties’ ability to carry out new public safety responsibilities transferred in 2011, among other local priorities. Specifically, public safety budget wins include: Additional jail construction investment – An additional $500 million in state lease revenue bond capacity has been dedicated to local jail construction, with an emphasis on expanded programming and treatment space. Plans are underway now to organize the steering committee that will be charged with developing the Request for Proposals and making funding recommendations. Attachment B Page 43 of 155 CSAC Advocacy Team Achievements Report–2014 Page 5 Additional court security funding for new courthouses – As a direct result of successful advocacy efforts on the part of CSAC and the state sheriffs’ association, counties will see fulfilled a key 2014 legislative priority. The 2014-15 budget includes a $1 million appropriation and a mechanism by which counties may seek funding to address increased levels of service following activation of a new court facility. Proposition 30 requires the state to provide annual funding for newly required activities (after October 9, 2011) that have the overall effect of increasing county costs in a realigned program. Recognizing that new court facilities built by the state and occupied on or after October 9, 2011 may impose additional court security responsibilities, the main budget bill (SB 852) appropriates $1 million and establishes a process (contained in the public safety trailer bill (AB 1468)) for evaluating changed service requirements in new facilities. Split Sentence Presumption – The budget contained language that establishes the presumption of a split sentence for those offenders sentenced to felony jail term unless the court finds in a particular instance that, in the interests of justice, such sentence is not appropriate. The split sentence – whereby a person’s felony sentence is divided between a specified period of time in county jail followed by a period of mandatory supervision in the community – is viewed as a best practice in helping counties best manage new criminal justice system responsibilities. This change is effective beginning January 1, 2015. Continued SB 678 Funding – The budget provides for $125 million in SB 678 funding in 2014-15, using the new distribution methodology as revised in SB 105 of 2013. CSAC continues to believe a strong probation intervention and front-end prevention system can help reduce recidivism, improve outcomes, and reduce downstream system pressures. CCP Planning Grants and Training Funding Extension. CSAC led the charge – in cooperation with our partners, the state sheriffs and probation chiefs – in securing an additional one-year appropriation to fund grants that support the work of local Community Corrections Partnerships (CCPs) in their AB 109 implementation efforts. As in previous years, counties receive a fixed amount depending on county size, for a statewide amount of $7.9 million. Additionally, CSAC’s advocacy efforts resulted in budget language allowing for an additional three years to expend realignment-related training funding awarded to the foundations of CSAC, CSSA, and CPOC. Recidivism Reduction Initiatives – As detailed in the prevention and intervention discussion in this document, CSAC helped shape the negotiated agreement between the Governor and Legislature regarding the expenditure of over $90 million in one-time investments from the state’s newly established Recidivism Reduction Fund. By way of background, the Governor and the Legislature codified in September 2013, pursuant to SB 105, an agreement as to how to manage the state’s compliance with the federal court order regarding prison overcrowding. The elements of that agreement included a specification that any unexpended portion of the $315 million authorized for in- and out-of-state beds would be dedicated to a Recidivism Reduction Fund, if certain conditions were met. The 2014-15 budget compromise dedicates those resources to a wide array of priorities, reflecting a blend of Administration, Senate and Assembly ideas, as detailed in the prevention/intervention section above. Many initiatives are of direct benefit to counties, including a renewed investment in the Mentally Ill Offender Crime Reduction (MIOCR) Grant, a CSAC 2014 funding priority. Attachment B Page 44 of 155 CSAC Advocacy Team Achievements Report–2014 Page 6 AB 109 Allocation. Another area of significant progress was the consensus recommendation of the Realignment Allocation Committee (RAC) that determines how AB 109 funds will be allocated into the future. After nearly 10 months of study and deliberation, the RAC recommended – and state Department of Finance officials endorsed – a two-step approach. First, to accommodate a drop in overall AB 109 funding in 2014-15, the RAC is implementing a one-time allocation methodology that seeks to equitably spread the funding reduction across 58 counties to minimize immediate service disruptions in the current year. Secondly, the RAC devised a new allocation methodology that attempts to more accurately capture county workload associated with AB 109 implementation over the long term; the permanent formula will go into place in 2015-16. Finally, the RAC proposed the use of growth funds over the next several years to help ease counties’ transition to the new formula, while recognizing the need to incentivize high performance and positive outcomes. A final growth formula – when statewide data definitions and performance metrics are determined – will be addressed within the next three to five years. The successful conclusion of the work of the RAC is a testament to the dedication and determination of the 9-member CAO committee and to CSAC staff’s technical support and liaison work with the Legislature and Administration. Agriculture, Environment and Natural Resources Water – Drought & Groundwater. CSAC’s role in water policy development was clearly recognized this year as evidenced by our participation in educational forums and briefings related to the drought, and high-level negotiations over the landmark groundwater legislation. Following the Governor’s declaration of a drought emergency in early January, CSAC initiated a dialogue with the Association of California Water Agencies (ACWA) and the Department of Water Resources regarding a drought briefing for county, city and water district officials. The briefing, which was held in February, was webcasted statewide from the Crest Theatre in Sacramento. A more targeted drought briefing for county officials was provided during the CSAC Legislative Conference. CSAC also co-hosted conference calls between county officials and the State Water Resources Control Board (Water Board) staff regarding the drought emergency rulemaking that was adopted in July of this year. This is the rulemaking that mandates minimum actions to conserve water supplies both for this year and into 2015. With the drought straining water supplies and setting off an increase in well drilling, the Administration and members of the Legislature early in the year brought various stakeholders together, including CSAC, to discuss ideas for creating a statewide sustainable groundwater management strategy. The Administration in particular was interested in hearing from counties regarding their insights and advice on approaches and solutions to improving groundwater management, which occurred via a series of webinars facilitated by the California Water Foundation and jointly sponsored by CSAC, the Rural County Representatives of California (RCRC) and the Urban County Caucus (UCC). After additional meetings and workshops, two bills were introduced, SB 1168 by Senator Fran Pavley and AB 1739 by Assembly Roger Dickinson. Both bills and an additional clean-up measure, SB 1319 (also by Senator Pavley) were ultimately passed by the Legislature, and signed by the Governor on September 16. These measures would require water-basin managers in certain areas to develop Attachment B Page 45 of 155 CSAC Advocacy Team Achievements Report–2014 Page 7 groundwater plans guarding against overdrafts. The state would review the plans and reserve the power to step in if they are not prepared or enforced. CSAC and RCRC were successful in negotiating several amendments to the bills that addressed a majority of our concerns. Included among the changes we succeeded in obtaining are provisions that would:  State the Legislature’s intent to recognize and preserve the authority of cities and counties to manage groundwater pursuant to their police powers;  Allow a county to be a groundwater sustainability agency;  Require groundwater sustainability plans to consider applicable general plans;  Require groundwater sustainability agencies to review and consider comments from cities and counties regarding a groundwater sustainability plan;  Prohibit groundwater sustainability agencies from issuing permits for the construction, modification, or abandonment of groundwater wells, except as authorized by a county with authority to issue those permits; and  Provide assurances that groundwater transfers are subject to applicable city and county ordinances. As a result of these amendments CSAC was able to take a position of neutral on all three measures. The Administration and authors have committed to involve CSAC in discussions next year regarding any potential clean-up legislation. Cap and Trade. The Legislature approved and the Governor signed California’s first Cap and Trade Expenditure plan this year, totaling $872 million in investments to reduce Greenhouse Gas (GHG) emissions in California. CSAC began the year with two active proposals for the investment of Cap and Trade dollars at the local level. These proposals would have dedicated a portion of revenues to two local competitive grant programs geared at GHG reducing investments in the transportation and natural resources sectors. CSAC was successful in securing $130 million from the 2014-15 allocation for one of these proposals related to transportation investments through the Affordable Housing and Sustainable Communities Program (see Housing, Land Use and Transportation section for more details). In addition, we were able to secure funding for Waste Diversion Programs and Open Space and Farmland Preservation. While the 2014-15 allocation does not include a specific local government program for non-transportation projects that CSAC has been advocating for, local governments are eligible for funding from several categories and CSAC is working with the Administration to ensure that local governments are eligible for additional revenues in the 2015-16 budget and beyond as 40% of Cap and Trade funds have been secured for natural resource investments in future budget years. Agriculture and Farmland Protection. As anticipated, legislation was introduced this year that intended to conserve and protect farmland. That measure, AB 1961, by Assembly Member Susan Eggman, would have required each county with significant agricultural land resources to develop a sustainable farmland strategy. While laudable, the bill’s requirements would have imposed significant cost pressures on counties to adopt a strategy that included among other things, a map and inventory of all agriculturally zoned land within the county, a description of the goals, strategies, and related policies and ordinances to retain agriculturally zoned land, where practical, and mitigate Attachment B Page 46 of 155 CSAC Advocacy Team Achievements Report–2014 Page 8 the loss of agriculturally zoned lands. Given the costs associated with its implementation, CSAC opposed AB 1961. The bill died on the Assembly Appropriation Committee’s Suspense File. CSAC was able to advance other efforts to protect agriculture and farmland through the state’s Cap and Trade Expenditure Plan passed through the budget this year. As mentioned above, a portion of the funds that are dedicated to the Sustainable Communities and Affordable Housing Program include funding for open space and agricultural lands that are under the threat of development. While a small step in the larger effort to protect all of California’s valuable agricultural lands, this program represents a positive move forward as we continue to highlight the need for protection against permanent conversion of our agricultural lands. Solid Waste – Advancing Waste to Energy Policies and Alternatives to Landfills. Building off momentum achieved through SB 804 (Lara), CSAC and Los Angeles County co-sponsored a follow-up measure on biomass and conversion technology, SB 498 (Lara) that is the product of consensus among stakeholders and the Administration. The bill, which is currently awaiting action by the Governor, will provide incentives and a permitting path for solid waste conversion technologies, providing local governments with additional tools when managing their waste stream and seeking alternatives to landfills. In addition to conversion technology, CSAC was successful in negotiating amendments to several solid waste bills, AB 1826 by Assembly Member Chesbro and AB 1594 by Assembly Member Williams. Both bills seek, in various ways, to divert organic materials from our landfills. While supportive of this goal, CSAC was able to negotiate amendments that allow for workable times frames and approaches to ease the regulatory burden on local governments. Regulatory Issues. CSAC continued to engage in the regulatory process on a number of different fronts with particular focus on rulemakings before the State Water Resources Control Board (Water Board), the Department of Fish and Wildlife and the U.S. EPA. Early in the year, CSAC joined with other private and public stakeholders in expressing concern with the Water Board’s Revised Preliminary Draft Wetland Area Protection Policy. Of particular concern to counties are the proposed requirements that would cause more delays in the permitting and maintenance of public projects, and potentially conflict with local land use decisions. Whether the Water Board is responding to the concerns raised is unknown at this time as they have yet to release a public draft. Regarding state storm water requirements, CSAC was invited to become a member of the Water Quality Task Force (task force) of the California Council for Environmental and Economic Balance. The task force, which is comprised of private sector entities and individual cities and counties, is providing direct feedback to Water Board members and staff regarding the State’s Storm Water Strategy Initiative. CSAC is also working closely with the County Engineers Association of California (CEAC) in drafting comments on DFW’s draft Bird Nesting regulations and the U.S. EPA and Army Corp. of Engineers’ Waters of the U.S. Rulemaking. In both instances, the proposed regulations would result in delayed maintenance of public works facilities, such as flood control channels and debris basins. All of the regulatory measures described above are on-going and may not be resolved until next year. Employee Relations Retirement. Following the first year of implementation for the Public Employees’ Pension Reform Act (PEPRA), CSAC staff in 2014 has worked to ensure its original intent is maintained by advocating for or against efforts to roll back reforms CSAC supported in PEPRA. The issue of retirement policy Attachment B Page 47 of 155 CSAC Advocacy Team Achievements Report–2014 Page 9 this session has been largely dominated by actions by the California Public Employees’ Retirement System (CalPERS), specifically:  CalPERS’ Actuarial Changes. The CalPERS’ Board of Administration earlier this year approved new actuarial demographic assumptions used to determine contribution rates for public employee retirement benefits, effectively raising those rates for local agency employers. The contribution rate impacts of the newly adopted assumptions will be phased in over five years with a 20-year amortization of the increase; for contracting public agencies, the increase will not be implemented until 2016. CSAC worked closely with CalPERS and testified in Board hearings, conveying that while counties understand the necessity of the change in actuarial assumptions to better predict long-term future experience and bring the fund to solvency, subsequent rate increases come at a time when counties are struggling to provide even basic services to their residents.  Health Plan Regions. CSAC staff has been active in discussions with CalPERS staff regarding the Fund’s March proposal to realign county health plan region assignments for 2015 to better reflect variation in healthcare costs for contracting agencies. CSAC efforts to ensure that any realignment of these regions best reflect the economic and demographic needs of each county with regard to regional pricing premiums succeeded in CalPERS’ staff being directed to table the discussion until further stakeholder engagement and studies were conducted. Workers’ Compensation. CSAC has maintained active participation in implementing the reforms included in Senate Bill 863 (Chapter 363, Statutes of 2012), via commenting with a coalition on various implementation regulations proposed by the Department of Industrial Relations. Additionally, CSAC actively opposed several bills that would roll back savings achieved by the 2012 reforms. CSAC became the leading voice of local government in opposing the following bills, which await action by Governor Brown:  AB 2052 (Gonzalez) would expand certain workers' compensation presumptions (cancer, bio-chemical exposure, tuberculosis and meningitis) to several categories of peace officers. AB 2052 was originally far more expansive; CSAC efforts aided in the narrowing of the measure.  AB 2378 (Perea) would remove Labor Code Section 4850 benefits from the 104-week limit on aggregate disability payments for work-related injuries that cause temporary disability, thereby permitting peace officers to receive one year of full salary replacement benefits and two years of temporary disability benefits.  SB 1234 (Block) would have extended Labor Code 4850 disability benefits (benefits paid to an eligible public safety officer who becomes disabled while performing his or her duties, equal to a one-year leave of absence without loss of salary in lieu of temporary disability payments) to certain peace officers including certain park rangers, airport law enforcement, welfare fraud investigators and members of a California Community College police force. CSAC strongly advocated against SB 1234, and the bill was killed in the Legislature. Contracting Out. CSAC was successful in removing local agencies from AB 1897 (Hernandez) that would require an employer to share with a labor contractor all civil legal responsibility and civil liability for the payment of wages to workers provided by a labor contractor, the failure to report and pay all required employer contributions, worker contributions, and personal income tax withholdings and failure to secure valid workers' compensation coverage. CSAC additionally advocated strongly against SB 556, which would make it unlawful for a public health and safety labor Attachment B Page 48 of 155 CSAC Advocacy Team Achievements Report–2014 Page 10 or services contractor to display on a vehicle a logo of the contracting public agency or wear a uniform bearing a logo of the public agency, unless additional disclosures are also displayed and makes it unlawful to require a person or employee of a nongovernmental agency contracted to provide public health and safety labor or services to wear a badge containing the logo of the public agency. CSAC, in partnership with other local government stakeholders, was successful in narrowing the reach of SB 556 before it went to the Governor for action. Collective Bargaining. CSAC staff prioritized an opposition effort to AB 2126 (Bonta), which would make mediation mandatory in collective bargaining negotiations once impasse has been reached, and would expand the scope of factfinding. While the Governor has not yet acted on the bill, CSAC was successful in working with the Department of Finance to place a $9 million cost estimation in its analysis of the bill, thus resulting in their opposition to the bill. A bill that would allow the Public Employment Relations Board (PERB) to determine when impasse has been reached in negotiations (AB 778 by Assembly Member Raul Bocanegra) was opposed by CSAC and died in committee. Public Records. CSAC was opposed to AB 194 (Campos), which in its original version would essentially negate any action taken by a local legislative body if that action was taken in accordance of curtailing public comment/public criticism associated with California’s open meeting laws governed by the Ralph M. Brown Act and would have allowed a district attorney or interested party to seek "null and void" judicial determinations for violations of Brown Act provisions that require local legislative bodies to allow public comment and public criticism at regular and special meetings. CSAC staff worked closely with the author, proponents and the Legislature over the course of two months to narrow AB 194, which now, among clarifying language, specifies that every agenda for regular meetings must provide an opportunity for the public to directly address the legislative body on any item of interest to the public, before and during the legislative body's consideration of the item, that is within the subject matter jurisdiction of the legislative body. Health and Human Services CSAC successfully advocated for several budget-related initiatives to improve services to vulnerable children and adults, including:  Housing and Homeless Support. The 2014-15 Budget Act provides $20 million in specified housing supports for families receiving CalWORKs benefits when homelessness or housing instability is a barrier to self-sufficiency or child well-being.  Commercially Sexually Exploited Children. Budget trailer bill language establishes the Commercially Sexually Exploited Children Program to adequately serve children who have been sexually exploited. The budget provides $5 million in 2014-15, growing to $14 million in 2015-16. These funds are for prevention and intervention activities and services to children who are victims, or at risk of becoming victims, of commercial sexual exploitation, and training.  Adult Protective Services (APS). CSAC supported a provision in the 2014-15 Budget Act for $150,000 GF for 1 position at DSS to provide leadership on statewide APS policy, support county APS programs and serve as a liaison with the federal government.  Katie A. Settlement Administrative Funding. The budget includes $2 million ($1 million General Fund) for county administrative costs associated with semi-annual progress reports Attachment B Page 49 of 155 CSAC Advocacy Team Achievements Report–2014 Page 11 that are new requirements under the Katie A. v. Bontá settlement agreement. The settlement agreement was entered into by the state in 2012 to improve mental health and supportive services for children and youth in, or at imminent risk of placement in, foster care in California. Proposition 30 of 2012 requires the state to fund administrative costs resulting for court settlements related to programs realigned in 2011. CSAC views the budget item as the Administration upholding their partnership under Proposition 30.  County Administration Match Waiver. CSAC supported a plan to extend counties' eligibility to receive the full allocation for CalFresh administration without paying the county's share of the nonfederal costs above the 1996-1997 expenditure requirement to the budget year, and then begin a step-down of the waiver by 20 percent each year until the 2018-19 fiscal year.  CalWORKs and CalFresh Benefits for Former Drug Felons. Counties supported policy included in the 2014-15 Budget Act to allow a small population who has been convicted of a drug-related felony after 1997 and who meet all current eligibility requirements – including compliance with local probation or state parole requirements – to be eligible for CalWORKs and CalFresh nutrition assistance services. The budget provides $10.6 million GF for this policy change. CSAC strongly supported Senator Loni Hancock’s SB 1029, which would have enacted this change through the legislative process.  Veterans. CSAC staff advocated in support of including $3 million in additional funding for County Veteran Service Offices in the state budget. These additional funds, paired with existing budget allocations, would total nearly $5.6 million for veteran’s services statewide. The budget augmentation was included in the final state budget.  AB 85 (Chapter 24, Statutes of 2013). CSAC staff worked closely with DOF and DHCS over many months on implementation of AB 85. The budget includes the diversion $724.9 million from county health realignment funds for CalWORKs costs, per AB 85 – down from the January estimate of $900 million.  County Administration of Medi-Cal. The Administration proposed to permanently eliminate any Cost of Living Adjustment for county administration of Medi-Cal eligibility. CSAC opposed the proposal and the Legislature rejected it. CSAC was involved in several high-profile bills in 2014, supporting several proposals improve efficiency and access to health and human services program, and stopping a number of bills that would have resulted in increased cost or workload to counties or created policy problems. Bills of interest to counties include: SB 1341 (Mitchell) Medi-Cal: Statewide Automated Welfare System. CSAC strongly supported SB 1341, by Senator Holly Mitchell, to codify the existing agreement between the Administration, Covered California, and the counties regarding the respective roles of the State Automated Welfare System (SAWS) and the California Health Eligibility Enrollment and Retention System (CalHEERS). Specifically, SB 1341:  Specifies SAWS as the system of record for Medi-Cal and that SAWS shall contain all Medi- Cal eligibility rules and case management functionality. The bill permits the MAGI rules for Medi-Cal to continue to be housed in CalHEERS as they currently are; and, Attachment B Page 50 of 155 CSAC Advocacy Team Achievements Report–2014 Page 12  Requires that Notices of Action (NOAs) for Medi-Cal be programmed into the Medi-Cal system of record: the SAWS systems. This bill has been very important in the ongoing discussions with the Administration about the rollout of CalHEERs and its interface with Medi-Cal eligibility done through SAWS. SB 1341 is enrolled and awaits the Governor's action. AB 1733 (Quirk Silva) Public records: fee waiver. CSAC supported AB 1733, by Assembly Members Sharon Quirk-Silva, Brian Maienschein and Assembly Speaker Toni Atkins, to allow a fee waiver for a homeless person to obtain a certified certificate of live birth from the county registrar or recorder or an identification card from the Department of Motor Vehicles (DMV). AB 1733 facilitates access for homeless people to services that are critical to helping them move towards self-sufficiency. In order to access these services, eligibility must be established, which often requires proof of identity with a birth record or valid identification card. Providing these services to homeless persons significantly reduce costs to counties. AB 1733 is enrolled and awaits the Governor's signature. AB 1725, (Maienschein) Conservatorship hearings. CSAC opposed AB 1725, which would have increased costs and workload levels and hasten the erosion of a county authority in conservatorship investigations. AB 1725 would have allowed a Probate Court to make a recommendation of conservatorship to the county Conservatorship officer and require the officer to conduct the investigation and file a report within 30 days of the probate court recommendation. CSAC also continued to work within the organization and the Administration on several policy issues important to counties. Homelessness. CSAC has begun efforts in establishing policy within the Association’s platform that will enable staff to advocate for counties on the issue of homelessness. The evolving policy development follows a stronger focus by the Legislature on the issue, including a commitment by Assembly Speaker Toni Atkins to work toward a statewide solution. CSAC staff recognized a dearth of guiding policy on the issue of homelessness, particularly since the effects of the problem touch on several CSAC policy areas, specifically Health and Human Services, Administration of Justice, Housing, Land Use and Transportation, and Agriculture, Environment and Natural Resources. Accordingly, CSAC is in the process of convening the CSAC Homelessness Policy Task Force, comprised of county supervisors, county staff and pertinent stakeholders in an effort to ensure CSAC advocacy staff will be able to develop positions and work effectively with the Legislature and Administration on future efforts by the state to address the issue of homelessness. Veterans. CSAC participated in a coalition advocacy effort to support then-Assembly Speaker John A. Pérez’s Assembly Bill 639 (Statutes of 2013). That legislation, which when signed by Governor Brown became Proposition 41 on the June 2014 ballot and was supported by the CSAC Board of Directors, enacted the Veterans Housing and Homeless Prevention Bond Act of 2014 to authorize $600 million in bonds to provide multifamily housing, such as apartment complexes, to low-income veterans and supportive housing for homeless veterans. Proposition 41 authorized the state to provide local governments, nonprofit organizations and private developers with financial assistance, such as low- Attachment B Page 51 of 155 CSAC Advocacy Team Achievements Report–2014 Page 13 interest loans, to construct, renovate and acquire affordable multifamily housing for low-income veterans and their families. Drug Medi-Cal and Medicaid Waiver. CSAC has been heavily involved in discussions with the Brown Administration about how to improve the delivery of substance use disorder treatment services for Medi-Cal beneficiaries. As part of the Medi-Cal expansion approved in 2013, the types of substance use disorder treatment services available to Medi-Cal beneficiaries were also expanded. DHCS is pursuing a federal Medicaid waiver to change the Drug Medi-Cal program. Many policy and fiscal questions remain about their Drug Medi-Cal waiver proposal. Staff will continue working closely with the Administration to ensure that the waiver proposal provides adequate fiscal safeguards and policy objectives for counties. The wavier will likely not be submitted to the federal government until later this fall or winter. Funding for Small Counties. CSAC secured a minimum base allocation of $100,000 for small counties in the Drug Medi-Cal funding formula. Previously, small counties were not guaranteed a base amount and some small counties received very little funding – and in some cases no funding. The $100,000 minimum base is effective for the 2014-15 allocations to the Behavioral Health Subaccount of 2011 Realignment. The payments will begin in September 2014. “Bridge to Reform” Medicaid Section 1115 Waiver Renewal. CSAC staff has begun the initial work associated with developing proposals for inclusion in California’s pursuit of a succession waiver to the Bridge to Reform Medicaid Section 1115 waiver of 2010. The current waiver expires in October 2015. DHCS is outlining its process for submitting the next waiver, including extensive workgroups over the fall of 2014. CSAC has taken a leadership role in convening county health, hospitals, behavioral health and social services to craft a proposal for whole person care to be included the waiver. The waiver will be submitted to the federal government in early 2015. Affordable Care Act (ACA) and Criminally Involved Populations. CSAC staff worked very closely DHCS on a number of implementation activities related to the jail and probation populations and enrollment in Medi-Cal. The Medi-Cal expansion under the ACA allows childless adults previously ineligible to enroll in Medi-Cal. This means that many adults in county jails and on probation can now enroll and access health care coverage. CSAC staff worked with DHCS on implementation of AB 720 (Statutes of 2013), including draft county letters, materials, and conferences. CSAC has assisted with surveying counties on implementation and found 44 counties covering 96 percent of the population are enrolling individuals in county jail and under probation supervision. CSAC staff continues to work closely with DHCS on county guidance regarding Medi-Cal claiming when a jail inmate leaves the grounds of the jail for a 24-hour or longer inpatient stay in a community hospital. Staff anticipates details to be released later this fall. The Medi-Cal claiming should provide access to new federal funds for previous county-only inpatient costs. Housing, Land Use and Transportation SB 375 Implementation. Implementation of the first round of Sustainable Communities Strategies - regional planning documents that integrate transportation, housing and land use for the reduction of greenhouse gas emissions pursuant to SB 375 (Chapter No. 728, Statutes of 2008) – is near completion. In order to see the GHG emission reductions come to fruition, additional funding for Attachment B Page 52 of 155 CSAC Advocacy Team Achievements Report–2014 Page 14 infrastructure and housing is critical. CSAC staff dedicated significant time and resources to ensuring that the cap and trade auction revenue proceeds from the cap on fuels was invested in these SB 375 plans and other GHG reducing regional transportation plans. All 58 counties will be eligible to compete for $130 million in grant funds in 2014-15 for a variety of transportation and housing activities. While CSAC is still working the Strategic Growth Council to develop the guidance for the grant program, we anticipate project eligibility to include active transportation and complete street infrastructure, transit infrastructure, and ideally infrastructure to support affordable infill housing development. The success of this year’s efforts will continue into future years as the cap and trade auction revenues increase and more funding is available for important local GHG reducing transportation and housing projects. Housing Element Reform. While broader housing element reform evaded the Legislature and Administration in 2014, CSAC supported legislative efforts to provide relief to counties making great strides to plan for affordable housing in their communities. State and Federal Indian Gaming Issues. CSAC was very active on tribal gaming and intergovernmental affairs issues in 2014. CSAC conveyed two day-long meetings of the CSAC Tribal Gaming Working Group to review, revise, and update CSAC’s decade old policy on state gaming compacts, the federal fee-to-trust process, etc. Staff anticipates taking the revised policy to the CSAC Housing, Land Use, and Transportation Policy Committee and the CSAC Board of Directors for action at the Annual Meeting in November. This effort is critical to California’s counties as forty nine 1999 Tribal-State Gaming Compacts are set to expire and the Governor is starting conversations to renegotiate the terms for continued authorization to operate gaming facilities. The 1999 compacts do not include a requirement to enter into a judicially enforceable local mitigation agreement and relies on the Special Distribution Fund to mitigate off-reservation impacts which is now insolvent. The ability for counties to mitigate for gaming impacts rests on counties’ ability to renegotiate the 1999 compacts successfully. At the federal level, CSAC has continued to push for fee-to-trust reform and the ensure changes to the federal tribal acknowledgment process continue to give counties a meaningful voice and ability to participate in the decision making process (explained in greater detail in the federal section below). AB 52 (Gatto) California Environmental Quality Act: Tribal Cultural Resources. As introduced in January 2013, AB 52, by Assembly Member Mike Gatto, would have expanded the California Environmental Quality Act (CEQA) to create a new class of protected resources – “tribal cultural resources”, require multiple consultations between lead agencies and California’s Native American Tribes, and provide Tribes the authority to determine what a tribal cultural resource is and therefore entitle those resources to certain CEQA protections. CSAC raised a number of concerns with the measure, not the least of which is a fundamental disagreement over adding a new class of environmental resources to the environmental review process when CSAC supports CEQA streamlining. At the same time, CSAC supports cooperation, collaboration, and early consultation between lead agencies and Tribes on projects that may impact tribal cultural resources. While our primary request of the author – to require project-by-project consultation outside of CEQA in the Government Code – was not adopted, we were successful in negotiating a number of amendments to the measure that ultimately allowed us to remove our opposition to the bill. The amendments include a definition of tribal cultural resource that does not put a lead agency in the place of disputing what is culturally significant to a Tribe, one consultation process that has a clear beginning and end, what consultation can include, a requirement for tribes to dictate a single point Attachment B Page 53 of 155 CSAC Advocacy Team Achievements Report–2014 Page 15 of contact, and allows for the confidential exchange of information between a tribe, project proponent, and local government. AB 2741 (Frazier): Public Contracts: Change Orders. AB 2471, by Assembly Member Jim Frazier, would have imposed arbitrary and burdensome timelines on the negotiation of a change order for a public works project. CSAC opposed this bill because it would expose counties to liability and prejudgment interest if its timeframe for negotiating a change order and making payments due pursuant the bill’s provisions are not met. The author was unable to resolve conflicts between the intent of the bill and concerns raised by CSAC and others. Accordingly, the bill did not gain successful passage in the 2014 legislative session. Revenue and Taxation Mandates. CSAC worked closely with the Administration to achieve a top priority for counties in the 2014-15 state budget – a $100 million down payment on the estimated $900 million owed to counties, cities, and special districts from previously suspended mandates dating from 2004 and earlier. Not only will counties realize about $73 million in 2014-15, but the 2014-15 state budget includes a trigger that authorizes additional payments should state revenues exceed projections. These “Wall of Debt” mandates are also authorized to be paid with reserve funds should Proposition 2, the Rainy Day Fund pass. Additionally, CSAC worked with county elections officials to raise awareness and concerns regarding the suspension of elections mandates. This work led to language in the Budget Act that requires that the Department of Finance study and report to the Legislature on the efficacy of these mandates. Redevelopment Dissolution/Resurrection. CSAC monitored a variety of activities associated with redevelopment dissolution, including a variety of legislative vehicles to address dissolution issues. CSAC opposed SB 1129 (Steinberg) and AB 2493 (Bloom), both of which would change the mechanisms by which dissolution is implemented, specifically, by allowing certain bonds to be used for redevelopment projects and allow successor agencies to enter into new enforceable obligations. Because counties have a significant fiscal stake in the dissolution process and these changes directly affect the allocation of property tax revenue from former redevelopment agencies, CSAC communicated to the legislature and Administration our concerns about the fiscal impacts to counties associated with these measures. Additionally, CSAC supported the Administration’s efforts to provide for a new economic development tool for local agencies – Enhanced Infrastructure Financing Districts (EIFDs). CSAC joined with other local agency associations and interested stakeholders in ensuring the passage of SB 628 (Beall), a measure that provides for collaboration at the local level when determining economic development projects and their financing. SB 628 awaits the Governor’s action. Property Tax Allocation. Once again, CSAC led efforts to secure nearly $13 million in state funds to reimburse three counties (Alpine, Amador, and San Mateo) that experienced insufficient ERAF to fully offset their Triple Flip and VLF Swap amounts in 2012-13. This funding was successfully included in the final 2014-15 state budget; additionally, the 2014-15 state budget includes an additional $1.3 billion to fully pay off the Economic Recovery Bonds, signaling an end to the Triple Flip in 2015-16. Attachment B Page 54 of 155 CSAC Advocacy Team Achievements Report–2014 Page 16 CSAC was also able to secure budget trailer bill language to authorize county auditors to distribute supplemental property tax revenues when all of the county’s K-12 schools are basic aid. This change results in the distribution of about $2 million in Plumas County, which has held funds in trust for many years without authority to distribute. SB 69 (Roth) Local government finance: property tax revenue allocation: vehicle license fee adjustments. CSAC strongly supported SB 69 by Senator Richard Roth, which would provide financial assistance to the four newly incorporated cities in Riverside County that were affected by SB 89 (2011). Working closely with Senator Roth’s office and stakeholders, we provided both technical and advocacy assistance to help the bill move through the legislative process. By establishing a “Vehicle License Fee Adjustment Amount” and replacing lost VLF revenues with property taxes from the schools’ share (as currently exists for all other cities and counties in the state), SB 69 restores funds to those impacted by SB 89 and ensures their continued viability. SB 69 currently awaits the Governor’s action. Federal Advocacy Despite the partisanship and policy gridlock that typically accompanies a midterm election year, the 2014 legislative session yielded a number of major successes for CSAC. Working with members of the state's congressional delegation, CSAC was able to register impressive victories in the federal legislative and regulatory arenas. To follow are some of this year's most notable achievements. In a huge win for CSAC, the U.S. Army Corps of Engineers (Corps) announced earlier this year that local flood control agencies will no longer be required to remove trees and other vegetation from levees in order to qualify for federal disaster assistance. Given the enormous cost and implementation challenges associated with the policy, reversing the Agency's one-size-fits-all directive was a key administrative objective for CSAC at the federal level. While the Corps ultimately agreed to shelve its policy following intense pressure from CSAC and key members of Congress, lawmakers approved and President Obama signed into law subsequent legislation (HR 3080; PL 113-121) that requires the Corps to undertake a comprehensive reexamination of its levee vegetation guidelines. The requirement, enacted as part of the Water Resources Reform and Development Act, ensures that the Corps not only suspends its policy but takes into account key cost and compliance issues as part of any future policy development process. On the public lands front, Congress in early 2014 approved a one-year extension of the Payments-in- lieu-of-Taxes (PILT) program. The critically needed funding extension was included as part of the Farm Bill after Congress failed to fund PILT in the fiscal year 2014 omnibus spending package. CSAC, along with other key stakeholders, was instrumental in the fight to restore the program, which provided over 45 million to California's counties this year. In other developments, Congress cleared a long-awaited child protection bill (HR 4980) that provides for a series of key federal policy changes. Among other things, the law amends the adoption assistance program to include, for the first time, incentive awards of $4,000 for subsidized guardianship placements. The new law also ensures that a child placed with a guardian can continue to be cared for by a successor guardian if a relative guardian dies or is incapacitated. Additionally, the Act requires State plans for foster care and adoption assistance to include policies Attachment B Page 55 of 155 CSAC Advocacy Team Achievements Report–2014 Page 17 and procedures for identifying, screening, and determining appropriate services for children who are believed to be victims of sex trafficking. Finally, CSAC continued to successfully oppose congressional efforts to overturn the Supreme Court's Carcieri v. Salazar decision, which limits the secretary of Interior’s trust land acquisition authority to those tribes that were under federal jurisdiction at the time of the passage of the Indian Reorganization Act of 1934. CSAC opposes reversing the Supreme Court's decision absent concomitant reforms in the land-into-trust process and has been advocating for a set of standards that Indian tribes would need to meet as a condition of receiving Department of Interior approval for trust land acquisitions. Attachment B Page 56 of 155 1 UCC Legislative Update Final Actions 2014 AB 194 (Campos) - Open meetings: public criticism and comment. This bill would have required the agenda for a regular and special meeting to provide an opportunity for the public to directly address the legislative body on any item of interest to the public before and during the legislative body’s consideration of the item, except as specified. This bill would have expanded the existing prohibition against a legislative body limiting public criticism to include criticism of the officers and employees of the legislative body, and specify other designated prohibited activities related to limiting public comment. Position: Oppose Unless Amended. Status: Vetoed. AB 1147 (Bonilla) - Massage therapy. This bill revises provisions relating to the California Massage Therapy Council to, among other things, establish an interim board of directors to govern the council until September 1, 2015, and provide for the appointment of a new board of directors consisting of 13 members, as specified, whose 4-year terms would begin on that date. The bill would authorize the board to establish fees reasonably related to the costs of providing services and performing its duties, not to exceed $300. Position: Support. Status: Signed, Chapter 406. AB 1522 (Gonzalez) - Employment: paid sick days. This bill enacts the Healthy Workplaces, Healthy Families Act of 2014 to provide that an employee who on or after July 1, 2015, works in California for 30 or more days within a year from the commencement of employment is entitled to paid sick days, to be accrued at a rate of no less than one hour for every 30 hours worked. Position: Oppose. Status: Signed, Chapter 317. AB 1607 (Fox) - Sexually violent predators. Current law establishes provisions by which a committed person may petition for conditional release. Current law requires the court, if it decides a petition for conditional release is not frivolous, to give notice, as specified, at least 30 court days prior to the hearing date for the petition. Current law requires a person who is conditionally released pursuant these provisions to be placed in the county of the domicile of the person prior to the person's incarceration. This bill recasts these provisions to require the court, if it determines that the petition is not frivolous, to give notice of the court's intention to conduct a conditional release hearing. Position: Support. Status: Signed, Chapter 877. Attachment C Page 57 of 155 2 AB 1654 (Bonilla) - CalWORKs: assignment of child support. Current law, under CalWORKs, requires the first $50 of any amount of child support collected in a month in payment of the required support obligation for that month to be paid to a recipient of CalWORKs aid, and prohibits this amount from being considered income or resources of the recipient family or being deducted from the amount of aid to which the family would otherwise be eligible. This bill would have increased that amount , on and after January 1, 2016, to $100 for a family with one child and $200 for a family with 2 or more children. Position: Support. Status: Held in Senate Appropriations. AB 1705 (Williams) - Public contracts: payment. Current law, until January 1, 2016, authorizes the retention proceeds withheld from any payment by an awarding entity from the original contractor, by the original contractor from any subcontractor, and by a subcontractor from any subcontractor to exceed 5% on specific projects where the director of the applicable department has made a finding prior to the bid that the project is substantially complex and requires a higher retention and the department or public entity includes both this finding and the actual retention amount in the bid documents. This bill extends the operation of these provisions to January 1, 2018, and, instead of requiring that the finding and actual retention amount be included in the bid documents, would require that the bid documents include details explaining the basis for the finding in addition to the actual retention amount. Position: Oppose. Status: Signed, Chapter 670. AB 1725 (Maienschein) - Conservatorship hearings. This bill would have authorized the court, after a hearing attended by a proposed conservatee or the proposed conservatee's counsel, or both, to recommend a conservatorship to the officer providing conservatorship investigation when the court, in a conservatorship proceeding under the Probate Code, determines, based on evidence presented to the court, including medical evidence, that a person, for whom a conservatorship has been established under the Probate Code, may be gravely disabled as a result of a mental disorder or impairment by chronic alcoholism and is unwilling to accept, or is incapable of accepting , treatment voluntarily. Position: Oppose. Status: Held in the Assembly Appropriations Committee. AB 1826 (Chesbro) - Solid waste: organic waste. This bill requires a business that generates a specified amount of organic waste per week to arrange for recycling services for that organic waste in a specified manner. The bill would decrease the amount of organic waste under which a business would be subject to those requirements from 8 cubic yards or more to 4 cubic yards or more on January 1, 2017. Position: Support. Status: Signed, Chapter 727. Attachment C Page 58 of 155 3 AB 1873 (Gonzalez) - Special mail ballot elections: San Diego County. This bill authorizes, until January 1, 2020, San Diego County to conduct , as a pilot program, an all-mailed ballot special election or special consolidated election to fill a congressional or legislative vacancy under specified conditions. The bill also authorizes the county to process vote by mail ballot return envelopes beginning 29 days before the election, and would authorize the county to process vote by mail ballots on the 10th business day before the election, as specified. Position: Support. Status: Signed, Chapter 598. AB 1970 (Gordon) - California Global Warming Solutions Act of 2006: Community Investment and Innovation Program. This bill would have created the Community Investment and Innovation Program and would require moneys to be available from the Greenhouse Gas Reduction Fund, for purposes of awarding grants and other financial assistance to local governments. Position: Support. Status: Held in the Assembly Appropriations Committee. AB 2028 (Mullin) - All-mailed ballot elections: San Mateo County. Current law authorizes, as a pilot program, until December 31, 2017, elections in Yolo County, other than statewide primary or general elections, or special elections to fill a vacancy in a state office, the Legislature, or Congress, to be conducted wholly by mail if specified conditions are satisfied. If Yolo County conducts an all-mailed ballot election, current law requires the county to report to the Legislature and the Secretary of State, as specified. This bill authorizes San Mateo County to conduct all-mailed ballot elections pursuant to these provisions. Position: Support. Status: Signed, Chapter 209. AB 2030 (Campos ) - Employees: time off. This bill would have prohibited such an employer from discharging or discriminating against an employee taking time off without loss of pay. The bill would have prohibited an employee from being required to use existing vacation, personal leave, or compensatory time off for those purposes, unless otherwise provided by a collective bargaining agreement entered into before January 1, 2015, or from being required to use time off without pay for those purposes. Position: Oppose. Status: Died in the Assembly Labor Committee. AB 2126 (Bonta) - Meyers-Milias-Brown Act: mediation. This bill would have allowed either party to request mediation and would require the parties to agree upon a mediator, if either party has provided the other with a written notice of declaration of impasse. If the parties cannot agree upon a mediator, the bill would authorize either party to request the board to appoint a mediator. Attachment C Page 59 of 155 4 Position: Oppose. Status: Vetoed. AB 2149 (Atkins) - The Local Agency Public Construction Act: County of San Diego: exemption. The Local Agency Public Construction Act, requires counties to comply with specified procedures for contracting for public works projects, including, the use of a competitive bidding process and awarding contracts to the lowest responsible bidder. This bill provides that those provisions of the act would also not apply to a contract entered into by the County of San Diego with a private entity for the delivery of a regional communications system and any related infrastructure to be used by public safety agencies and emergency responders located in the Counties of Imperial and San Diego. Position: Support. Status: Signed, Chapter 45. AB 2188 (Muratsuchi) - Solar energy: permits. This bill requires a city or county to adopt, on or before September 30, 2015, in consultation with specified public entities an ordinance that creates an expedited, streamlined permitting process for small residential rooftop solar energy systems. Position: Oppose. Status: Signed, Chapter 521. AB 2273 (Ridley-Thomas) - Payment of election expenses. This bill would have provided that expenses authorized and necessarily incurred on or after January 1, 2013, and for each year thereafter, for elections proclaimed by the Governor to fill a vacancy in the office of Senator or Member of the Assembly, or to fill a vacancy in the office of United States Senator or Member of the United States House of Representatives, shall be paid by the state. Position: Support. Status: Held in the Assembly Appropriations Committee. AB 2275 (Ridley-Thomas) - Certified copies of marriage, birth, and death certificates: electronic application. This bill would have provided that if a request for a certified copy of a birth, death, or marriage record is made electronically, the official may accept electronic acknowledgment, sworn under penalty of perjury, that the requester is an authorized person. The bill would have required a method for the clerk to establish the identity of the requester electronically and would have required a system used to process the electronic request and to establish the requester' s identity to protect the personal information of the requester and to protect against identit y theft . Position: Support. Status: Died in the Assembly Judiciary Committee. AB 2311 (Bradford) - General assistance: employable veterans. Current law permits a county to prohibit an employable individual from receiving general Attachment C Page 60 of 155 5 assistance benefits for more than 3 months in any 12-month period, whether or not the months are consecutive, if he or she has been offered an opportunity to attend job skills or job training sessions. This bill would have, commencing July 1, 2015, exempted from that prohibition an employable veteran who was honorably discharged from the Armed Forces, unless the county enacts an ordinance making the prohibition applicable to an employable veteran who was honorably discharged from the Armed Forces. Position: Oppose. Status: Held in the Senate Appropriations Committee. AB 2314 (Hall) - Peace officers: firearms. This bill would have authorized any probation officer or deputy probation officer to carry firearms as determined by the chief probation officer on a case-by-case or unit-by-unit basis and under terms and conditions specified by the chief probation officer. The bill would required certain chief probation officers to develop a policy as to whether probation officers and deputy probation officers who supervise high-risk caseloads should be armed. Position: Oppose. Status: Died in the Senate Public Safety Committee. AB 2373 (Hernández, Roger) - Probation officers: funding. This bill would have required a county, or city and county, within 30 days of receipt of a notification to either inform the probation officer and the presiding judge of the superior court that it has the resources and commence providing the probation officer with the resources he or she has identified as necessary in that notification to properly discharge those responsibilities, or if it makes a determination that it does not have the resources available to meet the probation officer's specified needs, to notify the probation officer and the presiding judge of the superior court of that determination. Position: Oppose. Status: Held in the Assembly Appropriations Committee. AB 2379 (Weber) - Abuse of elders and dependent adults: multidisciplinary teams. This bill adds child welfare services personnel to the list of persons who may be included in those multidisciplinary personnel teams. Position: Support. Status: Signed, Chapter 62, Statutes of 2014. AB 2471 (Frazier) - Public contracts: change orders. This bill would have required a public entity, when authorized to order changes or additions to the work in a public works contract awarded to the lowest bidder, to issue a change order promptly, and no later than 60 days after the extra work is performed and documentation has been submitted, as specified. The bill would, if this requirement is not met, make the public entity liable to the original contractor for the completed extra work . Position: Oppose. Status: Held by author. Attachment C Page 61 of 155 6 AB 2493 (Bloom) - Redevelopment dissolution: housing projects: bond proceeds. This bill would have authorized a successor housing entity to designate the use of, and commit, proceeds from indebtedness that was issued for affordable housing purposes prior to June 28, 2011, and would have required the proceeds from bonds issued between January 1, 2011, and June 28, 2011, be used for projects meeting certain criteria established in this bill for projects, to be funded by successor agencies generally, from proceeds of bonds issued during the same period. Position: Oppose. Status: Vetoed. AB 2507 (Bocanegra) - Public Records Act: exemptions: pending litigation. This bill would have provided that outside attorney billing records, when they are prepared in connection with a pending civil action in which a public agency is a defendant, are exempt from the CPRA's disclosure provisions during the pendency of the litigation. Position: Support. Status: Died in the Senate Judiciary Committee. AB 2526 (Gonzalez) - Community corrections program. This bill would have required a rank-and-file deputy sheriff or a rank-and-file police officer and a rank-and-file probation officer or a deputy probation officer, to be appointed by a local labor organization, to the membership of a Community Corrections Partnership. The bill would require the vote of the rank-and-file deputy sheriff or rank-and-file police officer and a rank- and-file probation officer or deputy probation officer on the local plan. Position: Oppose. Status: Died in the Senate Public Safety Committee. SB 69 (Roth) - Local government finance: property tax revenue allocation: vehicle license fee adjustments. This bill would have modified the VLF reduction and transfer provisions for a city incorporating after January 1, 2004, and on or before January 1, 2012, for the 2014-15 fiscal year and for each fiscal year thereafter, by providing for a vehicle license fee adjustment amount calculated on the basis of changes in assessed valuation. Position: Support. Status: Vetoed. SB 473 (Block) - Human trafficking This bill would have added human trafficking as offenses that may be used to establish a pattern of criminal gang activity. Position: Support. Status: Vetoed. SB 556 (Padilla) - Providers of health and safety labor or services: identification. This bill prohibits a person, firm, corporation, or association that is a nongovernmental entity and contracts to perform, on or after January 1, 2015, public health and safety labor or services Attachment C Page 62 of 155 7 for a public agency from displaying on a vehicle or uniform a logo, as defined, that reasonably could be interpreted as implying that the labor or services are being provided by employees of the public agency, unless the vehicle or uniform conspicuously displays specific disclosures. Position: Oppose. Status: Signed, Chapter 832. SB 674 (Corbett) - California Environmental Quality Act: exemption: residential infill projects. CEQA defines "residential" to include a use consisting of residential units and primarily neighborhood-serving goods, services, or retail uses that do not exceed 15% of the total floor area of the project. This bill exempts as "residential" a use consisting of residential units and primarily neighborhood-serving goods, services, or retail uses that do not exceed 25% of the total building square footage of the project. Position: Support. Status: Signed, Chapter 549. SB 785 (Wolk) - Design-build. Current law authorizes the Department of General Services, the Department of Corrections and Rehabilitation, and various local agencies to use the design-build procurement process for specified public works under different laws. This bill repeals those authorizations, and enacts provisions that would authorize , until January 1, 2025, the Department of General Services, the Department of Corrections and Rehabilitation, and those local agencies, as defined, to use the design-build procurement process for specified public works. Position: Support. Status: Signed, Chapter 931. SB 833 (Liu D ) Jails: discharge of prisoners. This bill authorizes the sheriff to offer a voluntary program to a prisoner that would allow the prisoner to stay in the custody facility for up to 16 additional hours or until normal business hours, whichever is shorter, in order to offer the prisoner the ability to be discharged to a treatment center or during daytime hours. Position: Support. Status: Signed, Chapter 90, Statutes of 2014. SB 909 (Pavley) - Dependent children: health screenings. This bill would have permitted , in the absence of a standing court order, a social worker to authorize a noninvasive initial medical, dental, and mental health screening of a child in temporary custody. The bill would have required the social worker to make reasonable attempts to notify the parent that the child will be undergoing a screening and to provide the parent with a reasonable opportunity to object. The bill would provide that if the parent objects, the screening may be conducted only upon the order of the court. Position: Support. Status: Held in the Senate Appropriations Committee. Attachment C Page 63 of 155 8 SB 942 (Vidak) - Special elections. This bill would have provided that expenses authorized and necessarily incurred on or after January 1, 2008, and before December 31, 2014, for elections proclaimed by the Governor to fill a vacancy in the office of Senator or Member of the Assembly, or to fill a vacancy in the office of United States Senator or Member of the United States House of Representatives, shall be paid by the state. Position: Support. Status: Held in the Senate Appropriations Committee. SB 955 (Mitchell) - Interception of electronic communications. This bill adds human trafficking to the list of offenses for which interception of electronic communications may be ordered pursuant to specified provisions. Position: Support. Status: Signed, Chapter 712. SB 963 (Torres) - Elections: payment of expenses. This bill would have provided that expenses authorized and necessarily incurred on or after January 1, 2013, and for each year thereafter, for elections proclaimed by the Governor to fill a vacancy in the office of Senator or Member of the Assembly, or to fill a vacancy in the office of United States Senator or Member of the United States House of Representatives, shall be paid by the state. Position: Support. Status: Held in the Senate Appropriations Committee. SB 1054 (Steinberg) - Mentally ill offender crime reduction grants. This bill makes technical changes to the MIOCR program including changing the grant term to 3 years. Position: Support. Status: Signed, Chapter 436. SB 1089 (Mitchell) - Medi-Cal: juvenile inmates. Current law requires the State Department of Health Care Services to develop a process to allow counties to receive any available federal financial participation for acute inpatient hospital services and inpatient psychiatric services provided to juvenile inmates, as defined, who are admitted as inpatients in a medical institution, as prescribed. This bill provides that the process developed be implemented in only those counties that elect to provide the county's pro rata portion of the nonfederal share of the state's administrative costs. Position: Support. Status: Signed, Chapter 836. SB 1129 (Steinberg) – Redevelopment This bill would have made several changes to redevelopment including the long term investment plan. Position: Oppose. Attachment C Page 64 of 155 9 Status: Vetoed. SB 1234 (Block) - Workers' compensation. This bill would have extended the leave of absence entitlement to certain peace officers who are not already described in these provisions, including, but not limited to, any deputy sheriff employed in a custodial assignment, a marshal or deputy marshal of a superior court or county, certain park rangers designated by a local agency, and members of a California Community College police force. Position: Oppose. Status: Held in the Senate Appropriations Committee. SB 1388 (Lieu) - Human trafficking. This bill provides that if that crime is committed and the person who was solicited was a minor at the time of the offense, and if the defendant knew or should have known that the person who was solicited was a minor at the time of the offense, the violation is punishable by imprisonment in a county jail for not less than 2 days, except as specified, and not more than one year, or by a fine not exceeding $10,000, or by both that fine and imprisonment. Position: Support. Status: Signed, Chapter 714. SB 1439 (Leno) - Residential real property: withdrawal of accommodations. This bill would have authorized the City and County of San Francisco to prohibit an owner of accommodations from filing a notice with a public entity of an intent to withdraw accommodations or prosecuting an action to recover possession of accommodations, or threatening to do so, unless all the owners of the accommodations have been owners of record for 5 continuous years or more, except as specified, or with respect to property that the owner acquired within 10 years after providing notice of an intent to withdraw accommodations at a different property. Position: Support. Status: Died in the Assembly Judiciary Committee. SCA 16 (Steinberg) - Members of the Legislature: vacancy. This bill would have required the Governor to fill a vacancy in either house of the Legislature by appointment within 21 days of the date of the vacancy, and would require that the appointee, at the time of the appointment and during the 12-month period immediately preceding the appointment, have the same political party preference as the vacating Member had when he or she was last elected to the Legislature. Position: Oppose. Status: Held in the Senate Rules Committee. Attachment C Page 65 of 155 LEGISLATION COMMITTEE 5. Meeting Date:11/06/2014   Subject:Draft 2015 State Legislative Platform Submitted For: LEGISLATION COMMITTEE,  Department:County Administrator Referral No.: 2014-39   Referral Name: Draft 2015 State Legislative Platform  Presenter: L. DeLaney Contact: L. DeLaney, 925-335-1097 Referral History: 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. In October, departments were invited to provide suggested changes to the State Platform by submitting input in writing.  The Legislation Committee typically reviews the draft document in November and December of each year, with the Final Draft document recommended to the Board of Supervisors for adoption in January.  Referral Update: Recommendation(s)/Next Step(s): REVIEW the Proposed 2015 State Legislative Platform, provide direction to staff on any recommended changes, and RECOMMEND action to the Board of Supervisors.  Attachments 2015 Proposed State Platform--marked up 2015 Proposed State Platform--clean copy Page 66 of 155 ADOPTED 2014Proposed 2015 STATE LEGISLATIVE PLATFORM Contra Costa County Page 67 of 155 Contra Costa County 1 As amended September 9, 2014 Table of Contents COUNTY-SPONSORED LEGISLATION ............................................................................................... 2 LEGISLATIVE/REGULATORY ADVOCACY PRIORITIES ............................................................. 2 STATE PLATFORM POLICY POSITIONS .......................................................................................... 6 Agricultural Issues .................................................................................................................................... 6 Animal Services Issues ............................................................................................................................. 7 Child Support Services Issues ................................................................................................................... 8 Climate Change Issues .............................................................................................................................. 9 Delta Water Platform ................................................................................................................................ 9 Elections Issues ......................................................................................................................................... 9 Emergency Preparedness, Emergency Response .................................................................................... 10 Eminent Domain Issues .......................................................................................................................... 10 Flood Control and Clean Water Issues .................................................................................................... 10 General Revenues/Finance Issues ........................................................................................................... 11 Health Care Issues ................................................................................................................................... 14 Human Services Issues ............................................................................................................................ 16 Indian Gaming Issues .............................................................................................................................. 19 Land Use/Community Development Issues ............................................................................................ 19 Law and Justice System Issues ............................................................................................................... 22 Levee Issues, Sacramento-San Joaquin Delta Issues .............................................................................. 23 Library Issues .......................................................................................................................................... 26 Telecommunications Issues .................................................................................................................... 26 Transportation Issues .............................................................................................................................. 26 Veterans Issues ........................................................................................................................................ 28 Waste Management ................................................................................................................................. 29 Page 68 of 155 Adopted 2014Proposed 2015 Platform 2 Page 69 of 155 Contra Costa County 3 20142015 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, legislative or regulatory advocacy priorities for the year, and policies that provide direction and guidance for identification of and advocacy on bills which would affect the services, programs or finances of Contra Costa County. COUNTY-SPONSORED LEGISLATION 1. Seek legislation to make the Contra Costa County Employee Retirement Association (CCCERA) the statutory employer for all purposes of staff serving at CCCERA. The proposed legislation would implement a court-approved settlement agreement between the County and CCCERA concerning the entities' respective rights and responsibilities for staff working at CCCERA. LEGISLATIVE/REGULATORY ADVOCACY PRIORITIES Each year, issues emerge through the legislative process that are of importance to the County and require advocacy efforts. For 20154, it is anticipated that critical issues requiring legislative advocacy will include the following: Priority 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 financial condition. The Legislative Analyst’s Office is now indicating that with continued growth in the economy and restraint in new program commitments, the state budget could see multibillion-dollar operating surpluses within a few years. The state’s 2013-14 budget plan assumed a year-end reserve of $1.1 billion. The LAO’s revenue forecast now anticipates $6.4 billion in higher revenues for 2012-13 and 2013-14 combined. These higher revenues are offset by $5 billion in increased expenditures, almost entirely due to greater required spending for schools and community colleges. Combined with a projected $3.2 billion operating surplus for the state in 2014-15, these factors lead the LAO to project that, absent any changes to current laws and policies, the state would end 2014-15 with a $5.6 billion reserve. However, the LAO also notes that continued caution is needed since the state's fiscal recovery is dependent on a number of assumptions that may not come to pass. The forecast assumes continuing economic growth and slow but steady growth in stock prices. Other liabilities, including some items on the Governor's wall of debt and the state's huge retirement liabilities (particularly those related to the California State Teachers’ Retirement System), remain unpaid under the LAO forecast. It is also important to note that the LAO forecast assumes that the debt Page 70 of 155 Adopted 2014Proposed 2015 Platform 4 ceiling deadlines and possible shutdown by the federal government will not affect the economy in 2014. A 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 at some point in the future 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. Priority 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, in effect on Jan. 1, 2014, was a significant part of the State Budget process in 2013, with a Special Session on Health Care Reform –called by the Governor to address Health Care Exchange issues and the required Medi-Cal expansion. (The mandatory expansion includes changes to eligibility and enrollment for populations currently eligible for Medicaid and is estimated to cost the state General Fund $350 million.) The ACA had 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 proposed Budget provided two options for that optional expansion: a “state option” and a “county option.” Governor Brown announced in his proposed budget that he intended to either realign the county responsibility to provide medical care to indigent adults to include providing care to Medicaid eligible adults or recoup as much of the 1991 health realignment funding from counties as possible. CSAC successfully redirected the realignment effort and instead negotiated a fiscal transaction that reflects the shift of indigent adults to the state’s Medi-Cal program. In June, the Governor signed AB 85, followed by a technical cleanup measure, SB 98, in September, which together provide the framework for the fiscal transaction. However, significant unknowns remain including questions about the actual impact of the ACA coverage expansions on counties and the number of uninsured individuals to whom counties will still need to provide services. Counties will retain the Section 17000 responsibility, and there will be significant variations in the impacts of both the ACA and AB 85 for the different types of Page 71 of 155 Contra Costa County 5 counties: county hospital (12 counties including Contra Costa County), payor/clinic and County Medical Services Program (CMSP) counties. 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 existing 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. Priority 3: Water and Levees /The Sacramento-San Joaquin Delta – The enactment of the Delta Reform Act (2009), a bill that established the co-equal goals for reliable water supply and ecosystem restoration for the Delta, created the Delta Stewardship Council as the state entity overseeing the Delta through the proposed Delta Plan, and supported 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 northern and southern California over water, will continue to guide legislative and administrative agendas in the coming year. Enabling legislation was also passed in 2009 for a state water bond, which was delayed from the 2010 ballot and again from the 2012 ballot. Significant future impacts upon the County in the areas of water quality and supply, levee stability, ecosystem health, local land use authority and flood control are anticipated. Consideration should be given to the potential for the County to sponsor Delta-related legislation through our legislative delegation. The County may also work with the Delta Counties Coalition (DCC) to sponsor Delta-related legislation. Particular areas of concern for 2014 include, but are not limited to: (1) the ongoing development of the BDCP project and whether the state water bond appropriates funds specific to the BDCP; (2) the impacts of the Delta Plan 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 in the Delta. The County’s adopted Delta Water Platform, as well as the Strategic and Action Plans, are incorporated in this Platform by reference. Priority 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. However, the County remains concerned that the funding is not sufficient and is also concerned about liability issues arising from the new responsibilities. Page 72 of 155 Adopted 2014Proposed 2015 Platform 6 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 person’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. Page 73 of 155 Contra Costa County 7 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. 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 research on sudden oak death, a fungal disease affecting many species of trees and shrubs in native oak woodlands. The County’s natural environment is being threatened by this disease. 3. SUPPORT funding for agricultural land conservation programs and agricultural enterprise programs to protect and enhance the viability of local agriculture. The growth in East County and elsewhere has put significant pressure on agricultural lands, yet agriculture is important not only for its production of fresh fruits, vegetables and livestock, but also as a source of open space. 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 infestations of the South American spongeplant and to rid the Delta of this and other invasive aquatic species through integrated pest management methods. Invasive aquatic species are a threat to agriculture, the environment and recreation in the Delta. This position includes support for efforts by the Department of Boating and Waterways to secure multi-year permits for eradication of multiple invasive aquatic plant species in the Sacramento-San Joaquin Delta, its tributaries, and its marshes. 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. Formatted: Not Highlight Formatted: Not Highlight Formatted: Not Highlight Comment [VT1]: Per Ryan Hernandez: “This is consistent with the Delta Water Platform.” Page 74 of 155 Adopted 2014Proposed 2015 Platform 8 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 to 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. Page 75 of 155 Contra Costa County 9 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 electronically 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 parties objects to the modification. Currently, establishment of parentage and support by the court is permitted without court appearance if both parties are in agreement. A similar process for modification would reduce court time, the workload of all involved agencies and parties, and streamline the process. 15. SUPPORT efforts to ensure that the reduction to the California Department of Child Support Services is not passed down as a reduction to the local program. 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 website. Page 76 of 155 Adopted 2014Proposed 2015 Platform 10 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 between 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, and the Sustainable Communities Strategy developed through the Regional Transportation Plan processes. 19. SUPPORT legislative or administrative efforts that favor allocation of funding from the California Greenhouse Gas Cap and Trade Program to jurisdictions that are the largest emitters of greenhouse gas, have disadvantaged communities that are disproportionately affected by environmental pollution, and have demonstrated a local commitment to climate protection (e.g. established emissions reduction targets, prepared Climate Action Plans, etc.). Delta Water Platform To protect the Sacramento-San Joaquin Delta from various detrimental forces that are affecting its health and resources, it is the policy of Contra Costa County to support implementation of projects and actions that will help improve the Delta ecosystem and the economic conditions of the Delta. Contra Costa County has developed a Delta Water Platform to identify and promote activities and policy positions that support the creation of a healthy Sacramento-San Joaquin Delta. Contra Costa County will use this Platform to guide its own actions and advocacy in other public venues regarding the future of the Delta. The Delta Water Platform is comprised of twenty subject areas. Each of these subject categories contains relevant policies and background explanatory language. The policies and background information can be found in the Delta Water Platform, which is included in this document by reference. Elections Issues 20. SUPPORT legislation to adjust precinct sizing from 1,000 voters per precinct to 1,250 voters per precinct. With the option of being able to have up to 1,250 voters per precinct, Formatted: Not Highlight Comment [VT2]: Per Ryan Hernandez Page 77 of 155 Contra Costa County 11 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 congressional or legislative district to be conducted by all mailed ballots at the county’s discretion. Emergency Preparedness, Emergency Response 23. SUPPORT legislation that would give local agencies more authority to train volunteers, provide funding for Community Emergency Response Training (CERT), 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. 27.28. SUPPORT legislation that expands school safety improvement programs such as education regarding and placement of automated external defibrillator(s) (AED(s)) in schools. Formatted: Not Highlight Formatted: Highlight Comment [VT3]: Per Jack Peterson, Health Services. Formatted: Highlight Formatted: Highlight Page 78 of 155 Adopted 2014Proposed 2015 Platform 12 Eminent Domain Issues 28.29. 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. 29.30. 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 30.31. 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 several cities to share the costs of monitoring. While it makes sense for local government to pool resources to save money, State Board regulations make regional monitoring infeasible. 31.32. 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, could be structured like a utility with the ability to set rates similar to the other two key water services: drinking water and wastewater. 32.33. 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 Daily Loads, which establish a maximum allowable amount of a pollutant (like mercury) in the stormwater from a watershed. 33.34. 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. 34.35. SUPPORT legislation to enable Zone 7 Water Agency to become a new public agency, separate and apart from the Alameda County Flood Control and Water Conservation District, with territory in both Alameda and Contra Costa counties and the power to provide specific services, insofar as the legislation is guided by adopted Principles of Understanding. Formatted: Not Highlight Formatted: Not Highlight Page 79 of 155 Contra Costa County 13 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. 35.36. 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. 36.37. 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.) 37.38. OPPOSE efforts to limit local authority over transient occupancy taxes (TOT). 38.39. 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. 39.40. 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. 40.41. 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. 41.42. 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. 42.43. SUPPORT efforts to relieve California of the federal Child Support penalties without shifting the cost of the penalties to the counties. 43.44. SUPPORT a reduction in the 2/3rd vote requirement to 55% voter approval for locally- approved special taxes that fund health, education, economic, stormwater services, library, transportation and/or public safety programs and services. Formatted: Indent: Left: 0", First line: 0" Formatted: Not Highlight Page 80 of 155 Adopted 2014Proposed 2015 Platform 14 44.45. SUPPORT efforts to authorize counties to impose forfeitures for violations of ordinances, as currently authorized for cities. This would provide the County with the opportunity to require deposits to assure compliance with specific ordinance requirements as well as retain the deposit if the ordinance requirements are not met. Currently, the County is limited to imposing fines which are limited to only $100 - $200 for the first violation, which has proven to be an ineffective deterrent in some cases. 45.46. SUPPORT efforts to redefine the circumstances under which commercial and industrial property is reassessed to reduce the growing imbalance between the share of overall property tax paid by residential property owners versus commercial/industrial owners. 46.47. SUPPORT efforts to reduce County costs for Workers’ Compensation, including the ability to control excessive medical utilization and litigation. Workers’ Compensation costs are significant, diverting funds that could be utilized for County services. Workers’ Compensation should provide a safety net for injured employees, for a reasonable period of time, and not provide an incentive for employees to claim more time than medically necessary. 47.48. SUPPORT state actions that maximize Federal and State revenues for county-run services and programs. 48.49. SUPPORT legislative compliance with both the intent and language of Proposition 1A. 49.50. 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. 50.51. SUPPORT full State funding of all statewide special elections, including recall elections. 51.52. 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. 52.53. SUPPORT strong Public Utilities Commission (PUC) oversight of state-franchised providers of cable and telecommunications services, including rigorous review of financial reports and protection of consumer interests. AB 2987 (Núñez), Chapter 700, statutes of 2006 transferred regulatory oversight authority from local government to the PUC. 53.54. 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. Page 81 of 155 Contra Costa County 15 54.55. 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. 55.56. SUPPORT legislation that provides constitutional protections and guaranteed funding to counties under Realignment. Page 82 of 155 Adopted 2014Proposed 2015 Platform 16 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. 56.57. SUPPORT state action to increase health care 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 affordable for all Californians to access care. 57.58. SUPPORT Medi-Cal reimbursement rate increases to incentivize providers to participate in the program. 58.59. 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). 59.60. 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. 60.61. 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 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. 61.62. OPPOSE safety net funding transfers until an analysis of who would remain uninsured (e.g. medically indigent adults, including citizens, who cannot document citizenship Page 83 of 155 Contra Costa County 17 under current Medicaid eligibility rules) is completed in order to adequately fund services for these populations. 62.63. SUPPORT efforts to clearly define and adequately fund remaining county responsibilities. 63.64. 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. 64.65. SUPPORT efforts to provide adequate financing for health care reforms to succeed. 65.66. SUPPORT measures that maximize federal reimbursement from Medicaid and S-CHIP. 66.67. 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. 67.68. 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. 68.69. 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. 69.70. SUPPORT efforts to increase revenues and to contain mandated costs in the County's hospital and clinics system. 70.71. SUPPORT efforts to obtain a fair-share of any state funds in a distribution of funding for the integration of IHSS and managed care. 71.72. SUPPORT efforts to increase the availability of health care (including alcohol and other drugs recovery) to the uninsured in California, whether employed or not. 72.73. 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 acute and long term care integration. 73.74. 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. Page 84 of 155 Adopted 2014Proposed 2015 Platform 18 74.75. 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. 75.76. 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. 76.77. SUPPORT efforts to give incentives to providers to establish more youth-driven treatment facilities within the community. 77.78. 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. 78.79. 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. 79.80. SUPPORT and encourage the development of strategies that include alcohol and other drugs services in the provision of all culturally appropriate health care services. 80.81. 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. 81.82. SUPPORT legislation that extends the restrictions and prohibitions against the smoking of tobacco products to include restrictions or prohibitions against electronic cigarettes (e- cigarettes) in various places, including, but not limited to, places of employment, school campuses, public buildings, day care facilities, retail food facilities, multi-family housing, and health facilities. Human Services Issues 83. SUPPORT efforts to increase County flexibility in the use of CalWORKs funds and in program requirements in order to better support the transition of welfare dependent families from welfare-to-work to 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;by: 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 Formatted: Not Highlight Page 85 of 155 Contra Costa County 19 time limit (dependent upon terms and conditions of TANF reauthorization).  Removing the criteria that someone has to be apparently eligible to CalWORKs in order to qualify for diversion and base the criteria on the client’s circumstance and ability to maintain the situation on their own without the need of continued assistance.  When applying income and resource requirements for diversion, use only half of their income and/or resource value or increase the limits for income and resources for diversion only.  Increasing the amount of the diversion payment. If the applicant doesn’t “use” all of the amount, they have 12 months to come back into the office and apply for the remaining amount of their diversion payments  Allowing families to reapply for CalWORKs during their diversion period without a repayment penalty or CalWORKs ineligibility.  Developing a state earned income tax credit;  Expanding job retention services;  Developing an eligibility definition to 250% of the federal poverty level (FPL ). Currently, the CalWORKs poverty level is 130% of the FPL for each Assistance Unit (AU). An increase to 250% would ensure more families meet income eligibility requirements. Exempting the hard-to-serve from WTW activities and the 20% exemption or providing flexibility in the time limit (dependent upon terms and conditions of TANF authorization). 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 order to maintain their jobs. 82. SUPPORT efforts to align CalWORKs property and asset limitations with those of CalFresh. 83.84. SUPPORT efforts to revise the definition of “homelessness” in the Welfare & Institutions Codes to include families who have received eviction notices due to a verified financial hardship, thus allowing early intervention assistance for CalWORKs families. Current law prevents CalWORKs from providing homeless assistance until the CalWORKs family is actually “on the street.” This rule change would enable the County to work with CalWORKs families who are being threatened with homelessness to prevent the eviction and, presumably, better maintain the family members’ employment status. 84.85. SUPPORT efforts to establish an “umbrella code” for the reporting of incidents of elder abuse to the Department of Justice, thus more accurately recording the incidence of abuse. Current reporting policies within California’s law enforcement community and social services departments are uncoordinated in regards to the reporting of adult abuse. Under an “umbrella code,” law enforcement agencies and social services departments would uniformly report incidents of elder abuse and California would have much better data for policy and budget development purposes. Formatted: Highlight Comment [VT4]: Per Paul Buddenhagen Comment [VT5]: Paul Buddenhagen: “Not needed, already done” Page 86 of 155 Adopted 2014Proposed 2015 Platform 20 85.86. 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. 86.87. 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. 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. 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. 88. 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. SUPPORT efforts to allow the CalFresh redetermination process to be done my mail without interview and permit the mail in process for CalFresh aged and/or disabled households. 89. SUPPORT efforts to expand the number of counties in the Federal IV-E waiver funding for pre-placement, prevention activities; development of caretaker recruitment and retention campaigns;; and, funding to implement Children’s Child Welfare Workload Study Results, SB 2030. Changes in these areas would enable counties to better meet their performance accountability goals, as required under federal and state statutes. 90. 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. 91. OPPOSE any legislation that increases tobacco taxes but does not contain language to replace any funds consequently lost to The California Children and Families Act/Trust Fund for local services as currently funded by tobacco taxes, Proposition 10 in 1998 and Proposition 99 in 1988. Formatted: Highlight Comment [VT6]: Per Paul Buddenhagen Page 87 of 155 Contra Costa County 21 92. 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. 93. 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 if verified that this is an increase by fiscal analysts 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). 94. SUPPORT efforts to increase the number of subsidized child care slots to address the shortage of over 20,000 slots serving children 0-12 years of age in Contra Costa County.SUPPORT efforts to enhance the quality of early learning programs and maintain local Quality Rating and Improvement Systems (QRIS) for early learning providers. 95. SUPPORT the restoration of funding for Facility Restoration and Repair (FRR) grants by California Department of Education. 93.96. SUPPORT continued and improved funding for substance abuse treatment and mental health services including those that provide alternatives to incarceratio n and Laura’s Law. 94. SUPPORT administrative streamlining of Medi-Calpublic benefits to include:, 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. Re-visit retention services time limits to be able to receive intensive services for up to 12 months based on the client’s progress (i.e. their increased hours of employment or a promotion).  Align verification requirements for all programs to simplify the customer experience and reduce the potential for error. Consider letting all programs access the Federal Hub used through CalHEERs.  End the student regulations for CalFresh only: students should not be penalized for getting an education.  Remove the property limits for the Medi-Cal Program for the aged, blind, disabled and non-MAGI population.  All individuals in receipt of Unemployment Benefits UIB) would be automatically eligible for CalFresh.  Establish a State funded and administered General Assistance Program.  Institute a State Earned Income Tax Credit: supports goals of poverty initiative. Twenty- six (26) states have their own state-funded EITC per the Public Policy Institute. Formatted: Highlight Comment [VT7]: Per Paul Buddenhagen Formatted: Font: 12 pt, Not Highlight Formatted: Font: 12 pt, Highlight Formatted: Font: 12 pt, Not Highlight Formatted: Font: 12 pt, Highlight Comment [VT8]: Per Paul Buddenhagen Formatted: Highlight Formatted: Font: 12 pt, Highlight Formatted: Not Highlight Formatted: Not Highlight Formatted: Not Highlight Page 88 of 155 Adopted 2014Proposed 2015 Platform 22 Eliminate SFIS (State Finger printing): this has been suggested in the past because the belief is that it does not result in identifying welfare fraud. 95.97. SUPPORT legislation to expand early child care and education and increase funding for preschool and early learning. 96. SUPPORT legislation to allow individuals convicted of drug-related felonies to receive federal CalFresh (food stamps) benefits. Banning convicted drug felons who have completed their sentences from critical public assistance, including food stamps, runs contrary to state and federal initiatives intended to reduce recidivism by easing prisoner reentry and fostering prisoner reintegration into society. The drug felon rule has been the subject of much criticism by drug treatment providers, advocates for the poor and law enforcement organizations because it permanently disqualifies needy persons from receiving assistance and interferes with their recovery. 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. 97.98. SUPPORT efforts to ensure that counties who have existing or proposed Class II Indian gaming facilities receive the Special Distribution Funds. 98.99. 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. 99.100. OPPOSE the expansion or approval of Class III gaming machines at the existing gaming facility in Contra Costa County unless it can be demonstrated that there would be significant community benefits above and beyond the costs associated with mitigating community impacts. 100.101. SUPPORT State authority to tighten up the definition of a Class II machine. 101.102. 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 Formatted: Indent: Left: 0.25", No bullets or numbering Formatted: Not Highlight Formatted: Not Highlight Comment [VT9]: Per Paul Buddenhagen Page 89 of 155 Contra Costa County 23 102.103. 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. 103.104. 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. 104.105. 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 process 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. 105.106. 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 that are not surrounded by cities (e.g. North Richmond, Montalvin Manor and Rodeo) 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. The CEQA exemption bill signed by the Governor in 2013 (SB 741) only applies to mixed-use or non-residential projects in the unincorporated areas that are both within ½ mile of a BART station and within the boundaries of an adopted Specific Plan. 106.107. 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. 107.108. OPPOSE efforts to limit the County’s ability to exercise local land use authority. 108.109. 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. Formatted: Not Highlight Page 90 of 155 Adopted 2014Proposed 2015 Platform 24 109.110. 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 are 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. 110.111. 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 and healthy communities. 111.112. OPPOSE legislation that would create substantial uncertainty over the tax allocation bonds issued by redevelopment agencies and possible negative credit impact. 112.113. 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 affordable housing developments. These obligations will continue for up to 55 years. 113.114. SUPPORT legislation that would clarify the ability of successor agencies to former redevelopment agencies to enter into contracts with its sponsoring jurisdiction and third parties to fulfill enforceable obligations. The existing redevelopment dissolution statute limits the contracting powers of successor agencies which is causing delays in their ability to expeditiously retire certain enforceable obligations of the former redevelopment agencies. 114.115. 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. 115.116. OPPOSE CEQA reform efforts that reduce environmental protections for projects that cross county or city boundaries. Formatted: Not Highlight Formatted: Not Highlight Page 91 of 155 Contra Costa County 25 116.117. SUPPORT efforts to improve or streamline CEQA for efficiency without losing sight of its ultimate goal to thoroughly identify environmental impacts and mitigations. 117.118. OPPOSE efforts to change CEQA solely to accommodate one particular infrastructure project or set of projects. 118.119. 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 119.120. SUPPORT legislation that seeks to curb metal theft by making it easier for law enforcement agencies to track stolen metals sold to scrap dealers through such means as requiring identification from customers selling commonly stolen metals, banning cash transactions over a certain amount, and requiring scrap dealers to hold materials they buy for a certain period of time before melting them down or reselling them. 120.121. 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. 121.122. OPPOSE legislative proposals to realign additional program responsibility to counties without adequate funding and protections. 122.123. OPPOSE legislation that would shift the responsibility of parolees from the state to the counties without adequate notification, documentation and funding. 123.124. SUPPORT legislation that will help counties implement the 2011 Public Safety Realignment as long as the proposal would: provide for county flexibility, eliminate redundant or unnecessary reporting, and would not transfer more responsibility without funding. 124.125. SUPPORT legislation that will combat the negative impact that human trafficking has on victims in our communities, including the impact that this activity has on a range of County services and supports, and support efforts to provide additional tools, resources and funding to help counties address this growing problem. 125.126. SUPPORT legislation amending Government Code Section 24011 to allow the Board of Supervisors of Contra Costa County to appoint the Public Administrator by Formatted: Not Highlight Formatted: Not Highlight Page 92 of 155 Adopted 2014Proposed 2015 Platform 26 ordinance of the Board, separate the Public Administrator from the District Attorney, and place the position with another County department. Page 93 of 155 Contra Costa County 27 Levee Issues, Sacramento-San Joaquin Delta Issues (updates to this section will be presented to the Board of Supervisors for approval in 2014) 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 water for the delta ecosystem and examination of the State and Federal project operations (including potential for reduced exports) are recommended here. Flood Protection/Floodplain Management: Comprehensive flood management planning throughout the Delta and its watersheds, as well as funding to bring flood facilities to 200-year levels and revenue generation for flood control districts continue to be of import. Page 94 of 155 Adopted 2014Proposed 2015 Platform 28 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. 126.127. 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. 127.128. SUPPORT legislation that requires the levee repair funds generated by Proposition 1E be spent within one year or legislative hearings conducted on expediting the expenditure of bond proceeds through the Department of Water Resources Delta Levees Section. Many public agencies, including reclamation districts charged with maintaining levees, 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 projects. The Delta Reform Act of 2009 authorized over $202 million for levee repairs. Legislative hearings may produce explanations from the state as to why these funds are not being distributed or identify methods to streamline administration of these funds. 128.129. 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 maintenance projects. The code provisions 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% Formatted: Not Highlight Formatted: Not Highlight Page 95 of 155 Contra Costa County 29 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 program 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. 129.130. 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. 130.131. 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. 131.132. 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 Council, as adopted 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 Council’s Delta Plan. (2) If the jurisdiction finds the project is consistent with the Delta Plan, they notify the Council of this finding. (3) Anyone who objects to the project may appeal the consistency finding, and it will be up to the Council to make the final decision. Should the 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 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. Page 96 of 155 Adopted 2014Proposed 2015 Platform 30 Library Issues 132.133. 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. 133.134. 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. 134.135. 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 135.136. 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. 136.137. 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 137.138. SUPPORT increased flexibility in the use of transportation funds. 138.139. SUPPORT regional coordination that provides for local input in addressing transportation needs. Coordinated planning and delivery of public transit, paratransit, and rail services will help ensure the best possible service delivery to the public. Regional coordination also will be needed to effectively deal with the traffic impacts of Indian gaming casinos such as those in West County. Regional coordination also will be essential to complete planning and development of important regional transportation projects 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 Page 97 of 155 Contra Costa County 31 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. 139.140. 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 the expansion of school safety improvement programs such as crossing guards, revised school zone references in the vehicle code, Safe Routes to Schools (SR2S) grants, efforts to improve the safety, expansion and security of freight transportation system including public and private maritime ports, airports, rail yards, railroad lines, rail bridges and sidings. The County also supports limits or elimination of public liability for installing traffic-calming devices on residential neighborhood streets. 140.141. SUPPORT funding or incentives for the use of renewable resources in transportation construction projects. The County seeks and supports grant programs, tax credits for manufacturers, state purchasing programs, and other incentives for local jurisdictions to use environmentally friendly materials such as the rubberized asphalt (made from recycled tires) that the County has used as paving material on San Pablo Dam Road and Pacheco Boulevard. 141.142. SUPPORT streamlining the delivery of transportation safety projects. The length of time and amount of paperwork should be reduced to bring a transportation safety project more quickly through the planning, engineering and design, environmental review, funding application, and construction phases, such as for Vasco Road. This could include streamlining the environmental review process and also streamlining all state permitting requirements that pertain to transportation projects. 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. 142.143. 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. 143.144. SUPPORT efforts to coordinate planning between school districts, the state, and local jurisdictions for the purposes of: (1) locating and planning new schools, (2) funding Formatted: Not Highlight Formatted: Not Highlight Formatted: Not Highlight Formatted: Not Highlight Formatted: Not Highlight Page 98 of 155 Adopted 2014Proposed 2015 Platform 32 programs that foster collaboration and joint use of facilities, and (3) financing off-site transportation improvements for improved access to existing 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 and school zone references in the vehicle code into 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.” 144.145. 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. 145.146. 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 increasing commerce needs of the Ports and providing better operational flexibility for the other industries. Increased goods movement via waterways has clear benefits to congestion management on highways and railroads (with resultant air quality benefits). Veterans Issues 146.147. SUPPORT legislation and budget actions that will continue the state's annual local assistance for County Veterans Service Offices at a minimum of the $5.6 million level. The eventual goal is to fully fund CVSOs by appropriating the full $11 million in local assistance funding as reflected in Military and Veterans Code Section 972.1(d). County Veterans Service Offices (CVSOs) play a vital role in the local veteran community, not only within the Veterans Affairs claims process, but in other aspects as well. This includes providing information about all veterans’ benefits (Federal, State and local), as well as providing claims assistance for all veteran-related benefits, referring veterans to ancillary community resources, providing hands-on development and case management services for claims and appeals and transporting local veterans to VA facilities. 147.148. SUPPORT legislation and budget actions that will provide veterans organizations with resources to make necessary repairs to, or replacement of, their meeting halls and facilities. Across California, the meeting halls and posts of Veterans Service Organizations such as the American Legion and Veterans of Foreign Wars serve as unofficial community centers. Many of these facilities are not compliant with Americans with Disabilities Act accessibility standards, are not earthquake retrofitted, or have deteriorated in recent years due to declining membership and reduced rental revenues as Formatted: Not Highlight Formatted: Not Highlight Formatted: Not Highlight Formatted: Not Highlight Formatted: Not Highlight Page 99 of 155 Contra Costa County 33 a result of the economic downturn. The County will support legislation that would create a competitive grant program for veterans’ organizations, classified by the IRS as 501c19 non-profit organizations and comprised primarily of past or present members of the United States Armed Forces and their family members, to use for repairs and improvements to their existing facilities. 148.149. SUPPORT legislation that will improve the timeliness and quality of both VA benefits claim decisions and VA healthcare services. Specifically, legislation that works toward improving on the expedited processing of claims, providing VA healthcare, and administering of benefits to populations with unique needs, such as homeless Veterans, Women Veterans, and Veterans experiencing service related Posttraumatic Stress Disorder or service related Traumatic Brain Injury. Waste Management Issues 149.150. SUPPORT legislation that establishes producer responsibility for management of their products, including pharmaceuticals and veterinary medicine, at the end of their useful life. 150.151. SUPPORT efforts to increase the development of markets for recycled materials. 151.152. SUPPORT legislative and regulatory efforts to allow third parties, under specific circumstances and conditions, to collect and transport household hazardous waste to collection facilities. 152.153. SUPPORT legislation that seeks to remedy the environmental degradation and solid waste management problems on a State-wide basis of polystyrene containers and single-use plastic bags typically given away for free at grocery, retail and other establishments. 153.154. SUPPORT legislation that does not require increased diversion from landfills without out an adequate funding mechanism. 154.155. 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. 155.156. 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 Formatted: Not Highlight Formatted: Not Highlight Page 100 of 155 Adopted 2014Proposed 2015 Platform 34 became law on January 1, 2013 and prohibits 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 importation of waste to privately- operated landfills, a host County that receives a significant amount of waste from outside the 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 for 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 jurisdictions within that County. 156.157. SUPPORT legislation that can reduce the amount of harmful pharmaceuticals (including veterinary medicine) that ultimately enter waste water treatment facilities , bodies of water, and landfills. 157.158. 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. 158.159. 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. In litigation where the County sought to protect its solid waste franchise authority for unincorporated areas the court awarded 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 disposal of solid waste generated in these areas. Formatted: Not Highlight Formatted: Not Highlight Formatted: Not Highlight Formatted: Not Highlight Formatted: Not Highlight Page 101 of 155 Proposed 2015 STATE LEGISLATIVE PLATFORM Contra Costa County Page 102 of 155 Contra Costa County 1 Table of Contents COUNTY-SPONSORED LEGISLATION ............................................................................................... 2 LEGISLATIVE/REGULATORY ADVOCACY PRIORITIES ............................................................. 2 STATE PLATFORM POLICY POSITIONS .......................................................................................... 6 Agricultural Issues .................................................................................................................................... 6 Animal Services Issues ............................................................................................................................. 7 Child Support Services Issues ................................................................................................................... 8 Climate Change Issues .............................................................................................................................. 9 Delta Water Platform ................................................................................................................................ 9 Elections Issues ......................................................................................................................................... 9 Emergency Preparedness, Emergency Response .................................................................................... 10 Eminent Domain Issues .......................................................................................................................... 10 Flood Control and Clean Water Issues .................................................................................................... 10 General Revenues/Finance Issues ........................................................................................................... 11 Health Care Issues ................................................................................................................................... 14 Human Services Issues ............................................................................................................................ 16 Indian Gaming Issues .............................................................................................................................. 19 Land Use/Community Development Issues ............................................................................................ 19 Law and Justice System Issues ............................................................................................................... 22 Library Issues .......................................................................................................................................... 26 Telecommunications Issues .................................................................................................................... 26 Transportation Issues .............................................................................................................................. 26 Veterans Issues ........................................................................................................................................ 28 Waste Management ................................................................................................................................. 29 Page 103 of 155 Proposed 2015 Platform 2 2015 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, legislative or regulatory advocacy priorities for the year, and policies that provide direction and guidance for identification of and advocacy on 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 2015, it is anticipated that critical issues requiring legislative advocacy will include the following: Priority 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 financial condition. The Legislative Analyst’s Office is now indicating that with continued growth in the economy and restraint in new program commitments, the state budget could see multibillion-dollar operating surpluses within a few years. The state’s 2013-14 budget plan assumed a year-end reserve of $1.1 billion. The LAO’s revenue forecast now anticipates $6.4 billion in higher revenues for 2012-13 and 2013-14 combined. These higher revenues are offset by $5 billion in increased expenditures, almost entirely due to greater required spending for schools and community colleges. Combined with a projected $3.2 billion operating surplus for the state in 2014-15, these factors lead the LAO to project that, absent any changes to current laws and policies, the state would end 2014-15 with a $5.6 billion reserve. However, the LAO also notes that continued caution is needed since the state's fiscal recovery is dependent on a number of assumptions that may not come to pass. The forecast assumes continuing economic growth and slow but steady growth in stock prices. Other liabilities, including some items on the Governor's wall of debt and the state's huge retirement liabilities (particularly those related to the California State Teachers’ Retirement System), remain unpaid under the LAO forecast. It is also important to note that the LAO forecast assumes that the debt ceiling deadlines and possible shutdown by the federal government will not affect the economy in 2014. A 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 at some point in the future through additional program realignment and/or revenue reductions. Page 104 of 155 Contra Costa County 3 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. Priority 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, in effect on Jan. 1, 2014, was a significant part of the State Budget process in 2013, with a Special Session on Health Care Reform –called by the Governor to address Health Care Exchange issues and the required Medi-Cal expansion. (The mandatory expansion includes changes to eligibility and enrollment for populations currently eligible for Medicaid and is estimated to cost the state General Fund $350 million.) The ACA had 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 proposed Budget provided two options for that optional expansion: a “state option” and a “county option.” Governor Brown announced in his proposed budget that he intended to either realign the county responsibility to provide medical care to indigent adults to include providing care to Medicaid eligible adults or recoup as much of the 1991 health realignment funding from counties as possible. CSAC successfully redirected the realignment effort and instead negotiated a fiscal transaction that reflects the shift of indigent adults to the state’s Medi-Cal program. In June, the Governor signed AB 85, followed by a technical cleanup measure, SB 98, in September, which together provide the framework for the fiscal transaction. However, significant unknowns remain including questions about the actual impact of the ACA coverage expansions on counties and the number of uninsured individuals to whom counties will still need to provide services. Counties will retain the Section 17000 responsibility, and there will be significant variations in the impacts of both the ACA and AB 85 for the different types of counties: county hospital (12 counties including Contra Costa County), payor/clinic and County Medical Services Program (CMSP) counties. 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 existing county resources from 1991 Realignment 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. Page 105 of 155 Proposed 2015 Platform 4 Priority 3: Water and Levees /The Sacramento-San Joaquin Delta – The enactment of the Delta Reform Act (2009), a bill that established the co-equal goals for reliable water supply and ecosystem restoration for the Delta, created the Delta Stewardship Council as the state entity overseeing the Delta through the proposed Delta Plan, and supported 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 northern and southern California over water, will continue to guide legislative and administrative agendas in the coming year. Enabling legislation was also passed in 2009 for a state water bond, which was delayed from the 2010 ballot and again from the 2012 ballot. Significant future impacts upon the County in the areas of water quality and supply, levee stability, ecosystem health, local land use authority and flood control are anticipated. Consideration should be given to the potential for the County to sponsor Delta-related legislation through our legislative delegation. The County may also work with the Delta Counties Coalition (DCC) to sponsor Delta-related legislation. Particular areas of concern for 2014 include, but are not limited to: (1) the ongoing development of the BDCP project and whether the state water bond appropriates funds specific to the BDCP; (2) the impacts of the Delta Plan 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 in the Delta. The County’s adopted Delta Water Platform, as well as the Strategic and Action Plans, are incorporated in this Platform by reference. Priority 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. However, the County remains concerned that the funding is not sufficient and is also concerned about liability issues arising from the new responsibilities. 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 Page 106 of 155 Contra Costa County 5 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 person’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. Page 107 of 155 Proposed 2015 Platform 6 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. 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 research on sudden oak death, a fungal disease affecting many species of trees and shrubs in native oak woodlands. The County’s natural environment is being threatened by this disease. 3. SUPPORT funding for agricultural land conservation programs and agricultural enterprise programs to protect and enhance the viability of local agriculture. The growth in East County and elsewhere has put significant pressure on agricultural lands, yet agriculture is important not only for its production of fresh fruits, vegetables and livestock, but also as a source of open space. 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 infestations of the South American spongeplant and to rid the Delta of this and other invasive aquatic species through integrated pest management methods. Invasive aquatic species are a threat to agriculture, the environment and recreation in the Delta. This position includes support for efforts by the Department of Boating and Waterways to secure multi-year permits for eradication of multiple invasive aquatic plant species in the Sacramento-San Joaquin Delta, its tributaries, and its marshes. 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. Page 108 of 155 Contra Costa County 7 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 to 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. Page 109 of 155 Proposed 2015 Platform 8 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 electronically 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 parties objects to the modification. Currently, establishment of parentage and support by the court is permitted without court appearance if both parties are in agreement. A similar process for modification would reduce court time, the workload of all involved agencies and parties, and streamline the process. 15. SUPPORT efforts to ensure that the reduction to the California Department of Child Support Services is not passed down as a reduction to the local program. 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 website. 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 Page 110 of 155 Contra Costa County 9 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 between 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, and the Sustainable Communities Strategy developed through the Regional Transportation Plan processes. 19. SUPPORT legislative or administrative efforts that favor allocation of funding from the California Greenhouse Gas Cap and Trade Program to jurisdictions that are the largest emitters of greenhouse gas, have disadvantaged communities that are disproportionately affected by environmental pollution, and have demonstrated a local commitment to climate protection (e.g. established emissions reduction targets, prepared Climate Action Plans, etc.). Delta Water Platform To protect the Sacramento-San Joaquin Delta from various detrimental forces that are affecting its health and resources, it is the policy of Contra Costa County to support implementation of projects and actions that will help improve the Delta ecosystem and the economic conditions of the Delta. Contra Costa County has developed a Delta Water Platform to identify and promote activities and policy positions that support the creation of a healthy Sacramento-San Joaquin Delta. Contra Costa County will use this Platform to guide its own actions and advocacy in other public venues regarding the future of the Delta. The Delta Water Platform is comprised of twenty subject areas. Each of these subject categories contains relevant policies and background explanatory language. The policies and background information can be found in the Delta Water Platform, which is included in this document by reference. Elections Issues 20. SUPPORT legislation to adjust precinct sizing from 1,000 voters per precinct to 1,250 voters per precinct. With the option of being able to have up to 1,250 voters per precinct, the best polling locations in a neighborhood can be selected, and that same site is more likely to be used for several elections, thus avoiding the need to change poll sites for voters. 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 Page 111 of 155 Proposed 2015 Platform 10 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 congressional or legislative district to be conducted by all mailed ballots at the county’s discretion. Emergency Preparedness, Emergency Response 23. SUPPORT legislation that would give local agencies more authority to train volunteers, provide funding for Community Emergency Response Training (CERT), 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 that expands school safety improvement programs such as education regarding and placement of automated external defibrillator(s) (AED(s)) in schools. 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 Page 112 of 155 Contra Costa County 11 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 several cities to share the costs of monitoring. While it makes sense for local government to pool resources to save money, State Board regulations make regional monitoring infeasible. 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, could 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 Daily 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. 35. SUPPORT legislation to enable Zone 7 Water Agency to become a new public agency, separate and apart from the Alameda County Flood Control and Water Conservation District, with territory in both Alameda and Contra Costa counties and the power to provide specific services, insofar as the legislation is guided by adopted Principles of Understanding. 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. Page 113 of 155 Proposed 2015 Platform 12 36. 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. 37. 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.) 38. OPPOSE efforts to limit local authority over transient occupancy taxes (TOT). 39. 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. 40. 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. 41. 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. 42. 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. 43. SUPPORT efforts to relieve California of the federal Child Support penalties without shifting the cost of the penalties to the counties. 44. SUPPORT a reduction in the 2/3rd vote requirement to 55% voter approval for locally- approved special taxes that fund health, education, economic, stormwater services, library, transportation and/or public safety programs and services. 45. SUPPORT efforts to authorize counties to impose forfeitures for violations of ordinances, as currently authorized for cities. This would provide the County with the opportunity to require deposits to assure compliance with specific ordinance requirements as well as retain the deposit if the ordinance requirements are not met. Currently, the County is limited to imposing fines which are limited to only $100 - $200 for the first violation, which has proven to be an ineffective deterrent in some cases. 46. SUPPORT efforts to redefine the circumstances under which commercial and industrial property is reassessed to reduce the growing imbalance between the share of overall property tax paid by residential property owners versus commercial/industrial owners. Page 114 of 155 Contra Costa County 13 47. SUPPORT efforts to reduce County costs for Workers’ Compensation, including the ability to control excessive medical utilization and litigation. Workers’ Compensation costs are significant, diverting funds that could be utilized for County services. Workers’ Compensation should provide a safety net for injured employees, for a reasonable period of time, and not provide an incentive for employees to claim more time than medically necessary. 48. SUPPORT state actions that maximize Federal and State revenues for county-run services and programs. 49. SUPPORT legislative compliance with both the intent and language of Proposition 1A. 50. 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. 51. SUPPORT full State funding of all statewide special elections, including recall elections. 52. 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. 53. SUPPORT strong Public Utilities Commission (PUC) oversight of state-franchised providers of cable and telecommunications services, including rigorous review of financial reports and protection of consumer interests. AB 2987 (Núñez), Chapter 700, statutes of 2006 transferred regulatory oversight authority from local government to the PUC. 54. 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. 55. 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. 56. SUPPORT legislation that provides constitutional protections and guaranteed funding to counties under Realignment. Page 115 of 155 Proposed 2015 Platform 14 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. 57. SUPPORT state action to increase health care 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 affordable for all Californians to access care. 58. SUPPORT Medi-Cal reimbursement rate increases to incentivize providers to participate in the program. 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 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 Page 116 of 155 Contra Costa County 15 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 health care 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. 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 acute 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. Page 117 of 155 Proposed 2015 Platform 16 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. 82. SUPPORT legislation that extends the restrictions and prohibitions against the smoking of tobacco products to include restrictions or prohibitions against electronic cigarettes (e- cigarettes) in various places, including, but not limited to, places of employment, school campuses, public buildings, day care facilities, retail food facilities, multi-family housing, and health facilities. Human Services Issues 83. SUPPORT efforts to increase County flexibility in the use of CalWORKs funds and in program requirements in order to better support the transition of welfare dependent families from welfare-to-work to 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 by: Page 118 of 155 Contra Costa County 17  Removing the criteria that someone has to be apparently eligible to CalWORKs in order to qualify for diversion and base the criteria on the client’s circumstance and ability to maintain the situation on their own without the need of continued assistance.  When applying income and resource requirements for diversion, use only half of their income and/or resource value or increase the limits for income and resources for diversion only.  Increasing the amount of the diversion payment. If the applicant doesn’t “use” all of the amount, they have 12 months to come back into the office and apply for the remaining amount of their diversion payments  Allowing families to reapply for CalWORKs during their diversion period without a repayment penalty or CalWORKs ineligibility.  Developing a state earned income tax credit;  Expanding job retention services;  Developing an eligibility definition to 250% of the federal poverty level (FPL). Currently, the CalWORKs poverty level is 130% of the FPL for each Assistance Unit (AU). An increase to 250% would ensure more families meet income eligibility requirements.Exempting the hard-to-serve from WTW activities and the 20% exemption or providing flexibility in the time limit (dependent upon terms and conditions of TANF authorization). 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 order to maintain their jobs. 84. SUPPORT efforts to revise the definition of “homelessness” in the Welfare & Institutions Codes to include families who have received eviction notices due to a verified financial hardship, thus allowing early intervention assistance for CalWORKs families. Current law prevents CalWORKs from providing homeless assistance until the CalWORKs family is actually “on the street.” This rule change would enable the County to work with CalWORKs families who are being threatened with homelessness to prevent the eviction and, presumably, better maintain the family members’ employment status. 85. SUPPORT efforts to establish an “umbrella code” for the reporting of incidents of elder abuse to the Department of Justice, thus more accurately recording the incidence of abuse. Current reporting policies within California’s law enforcement community and social services departments are uncoordinated in regards to the reporting of adult abuse. Under an “umbrella code,” law enforcement agencies and social services departments would uniformly report incidents of elder abuse and California would have much better data for policy and budget development purposes. 86. 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. Page 119 of 155 Proposed 2015 Platform 18 87. 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. 88. SUPPORT efforts to allow the CalFresh redetermination process to be done my mail without interview and permit the mail in process for CalFresh aged and/or disabled households. 89. SUPPORT efforts to expand the number of counties in the Federal IV-E waiver funding for pre-placement, prevention activities; development of caretaker recruitment and retention campaigns;; and, funding to implement Children’s Child Welfare Workload Study Results, SB 2030. Changes in these areas would enable counties to better meet their performance accountability goals, as required under federal and state statutes. 90. 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. 91. OPPOSE any legislation that increases tobacco taxes but does not contain language to replace any funds consequently lost to The California Children and Families Act/Trust Fund for local services as currently funded by tobacco taxes, Proposition 10 in 1998 and Proposition 99 in 1988. 92. 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. 93. 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 if verified that this is an increase by fiscal analysts 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). 94. SUPPORT efforts to increase the number of subsidized child care slots to address the shortage of over 20,000 slots serving children 0-12 years of age in Contra Costa County. SUPPORT efforts to enhance the quality of early learning programs and maintain local Quality Rating and Improvement Systems (QRIS) for early learning providers. Page 120 of 155 Contra Costa County 19 95. SUPPORT the restoration of funding for Facility Restoration and Repair (FRR) grants by California Department of Education. 96. SUPPORT continued and improved funding for substance abuse treatment and mental health services including those that provide alternatives to incarceration and Laura’s Law. 97. SUPPORT administrative steamlining of public benefits to include: a. Re-visit retention services time limits to be able to receive intensive services for up to 12 months based on the client’s progress (i.e. their increased hours of employment or a promotion). b. Align verification requirements for all programs to simplify the customer experience and reduce the potential for error. Consider letting all programs access the Federal Hub used through CalHEERs. c. End the student regulations for CalFresh only: students should not be penalized for getting an education. d. Remove the property limits for the Medi-Cal Program for the aged, blind, disabled and non-MAGI population. e. All individuals in receipt of Unemployment Benefits UIB) would be automatically eligible for CalFresh. f. Establish a State funded and administered General Assistance Program. g. Institute a State Earned Income Tax Credit: supports goals of poverty initiative. Twenty - six (26) states have their own state-funded EITC per the Public Policy Institute. h. Eliminate SFIS (State Finger printing): this has been suggested in the past because the belief is that it does not result in identifying welfare fraud. 98. SUPPORT legislation to expand early child care and education and increase funding for preschool and early learning. 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. 99. SUPPORT efforts to ensure that counties who have existing or proposed Class II Indian gaming facilities receive the Special Distribution Funds. 100. 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. Page 121 of 155 Proposed 2015 Platform 20 101. OPPOSE the expansion or approval of Class III gaming machines at the existing gaming facility in Contra Costa County unless it can be demonstrated that there would be significant community benefits above and beyond the costs associated with mitigating community impacts. 102. SUPPORT State authority to tighten up the definition of a Class II machine. 103. 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 104. 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. 105. 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. 106. 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 process 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. 107. 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 that are not surrounded by cities (e.g. North Richmond, Montalvin Manor and Rodeo) 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. The CEQA exemption bill signed by the Governor in 2013 (SB 741) only applies to mixed-use or non-residential projects in the unincorporated Page 122 of 155 Contra Costa County 21 areas that are both within ½ mile of a BART station and within the boundaries of an adopted Specific Plan. 108. 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. 109. OPPOSE efforts to limit the County’s ability to exercise local land use authority. 110. 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. 111. 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 are 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. 112. 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 and healthy communities. 113. OPPOSE legislation that would create substantial uncertainty over the tax allocation bonds issued by redevelopment agencies and possible negative credit impact. 114. 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 affordable housing developments. These obligations will continue for up to 55 years. 115. SUPPORT legislation that would clarify the ability of successor agencies to former redevelopment agencies to enter into contracts with its sponsoring jurisdiction and third Page 123 of 155 Proposed 2015 Platform 22 parties to fulfill enforceable obligations. The existing redevelopment dissolution statute limits the contracting powers of successor agencies which is causing delays in their ability to expeditiously retire certain enforceable obligations of the former redevelopment agencies. 116. 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. 117. OPPOSE CEQA reform efforts that reduce environmental protections for projects that cross county or city boundaries. 118. SUPPORT efforts to improve or streamline CEQA for efficiency without losing sight of its ultimate goal to thoroughly identify environmental impacts and mitigations. 119. OPPOSE efforts to change CEQA solely to accommodate one particular infrastructure project or set of projects. 120. 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 121. SUPPORT legislation that seeks to curb metal theft by making it easier for law enforcement agencies to track stolen metals sold to scrap dealers through such means as requiring identification from customers selling commonly stolen metals, banning cash transactions over a certain amount, and requiring scrap dealers to hold materials they buy for a certain period of time before melting them down or reselling them. 122. 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. 123. OPPOSE legislative proposals to realign additional program responsibility to counties without adequate funding and protections. Page 124 of 155 Contra Costa County 23 124. OPPOSE legislation that would shift the responsibility of parolees from the state to the counties without adequate notification, documentation and funding. 125. SUPPORT legislation that will help counties implement the 2011 Public Safety Realignment as long as the proposal would: provide for county flexibility, eliminate redundant or unnecessary reporting, and would not transfer more responsibility without funding. 126. SUPPORT legislation that will combat the negative impact that human trafficking has on victims in our communities, including the impact that this activity has on a range of County services and supports, and support efforts to provide additional tools, resources and funding to help counties address this growing problem. 127. SUPPORT legislation amending Government Code Section 24011 to allow the Board of Supervisors of Contra Costa County to appoint the Public Administrator by ordinance of the Board, separate the Public Administrator from the District Attorney, and place the position with another County department. Levee Issues 128. 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. 129. SUPPORT legislation that requires the levee repair funds generated by Proposition 1E be spent within one year or legislative hearings conducted on expediting the expenditure of bond proceeds through the Department of Water Resources Delta Levees Section. Many public agencies, including reclamation districts charged with maintaining levees, 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 projects. The Delta Reform Act of 2009 authorized over $202 million for levee repairs. Legislative hearings may produce explanations from the state as to why these funds are not being distributed or identify methods to streamline administration of these funds. 130. 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 maintenance projects. The code provisions 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% Page 125 of 155 Proposed 2015 Platform 24 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 program 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. 131. 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. 132. 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. 133. 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 Council, as adopted 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 Council’s Delta Plan. (2) If the jurisdiction finds the project is consistent with the Delta Plan, they notify the Council of this finding. (3) Anyone who objects to the project may appeal the consistency finding, and it will be up to the Council to make the final decision. Should the 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 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. Page 126 of 155 Contra Costa County 25 Library Issues 134. 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. 135. 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. 136. 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 137. 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. 138. 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 139. SUPPORT increased flexibility in the use of transportation funds. 140. SUPPORT regional coordination that provides for local input in addressing transportation needs. Coordinated planning and delivery of public transit, paratransit, and rail services will help ensure the best possible service delivery to the public. Regional coordination also will be needed to effectively deal with the traffic impacts of Indian gaming casinos such as those in West County. Regional coordination also will be essential to complete planning and development of important regional transportation projects that benefit the state and local road system such as State Route 239, improvements to Vasco Road, Page 127 of 155 Proposed 2015 Platform 26 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. 141. 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 the expansion of school safety improvement programs such as crossing guards, revised school zone references in the vehicle code, Safe Routes to Schools (SR2S) grants, efforts to improve the safety, expansion and security of freight transportation system including public and private maritime ports, airports, rail yards, railroad lines, rail bridges and sidings. The County also supports limits or elimination of public liability for installing traffic-calming devices on residential neighborhood streets. 142. SUPPORT funding or incentives for the use of renewable resources in transportation construction projects. The County seeks and supports grant programs, tax credits for manufacturers, state purchasing programs, and other incentives for local jurisdictions to use environmentally friendly materials such as the rubberized asphalt (made from recycled tires) that the County has used as paving material on San Pablo Dam Road and Pacheco Boulevard. 143. SUPPORT streamlining the delivery of transportation safety projects. The length of time and amount of paperwork should be reduced to bring a transportation safety project more quickly through the planning, engineering and design, environmental review, funding application, and construction phases, such as for Vasco Road. This could include streamlining the environmental review process and also streamlining all state permitting requirements that pertain to transportation projects. 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. 144. 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. Page 128 of 155 Contra Costa County 27 145. SUPPORT efforts to coordinate planning between school districts, the state, and local jurisdictions for the purposes of: (1) locating and planning new schools, (2) funding programs that foster collaboration and joint use of facilities, and (3) financing off-site transportation improvements for improved access to existing 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 and school zone references in the vehicle code into 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.” 146. 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. 147. 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 increasing commerce needs of the Ports and providing better operational flexibility for the other industries. Increased goods movement via waterways has clear benefits to congestion management on highways and railroads (with resultant air quality benefits). Veterans Issues 148. SUPPORT legislation and budget actions that will continue the state's annual local assistance for County Veterans Service Offices at a minimum of the $5.6 million level. The eventual goal is to fully fund CVSOs by appropriating the full $11 million in local assistance funding as reflected in Military and Veterans Code Section 972.1(d). County Veterans Service Offices (CVSOs) play a vital role in the local veteran community, not only within the Veterans Affairs claims process, but in other aspects as well. This includes providing information about all veterans’ benefits (Federal, State and local), as well as providing claims assistance for all veteran-related benefits, referring veterans to ancillary community resources, providing hands-on development and case management services for claims and appeals and transporting local veterans to VA facilities. 149. SUPPORT legislation and budget actions that will provide veterans organizations with resources to make necessary repairs to, or replacement of, their meeting halls and facilities. Across California, the meeting halls and posts of Veterans Service Organizations such as the American Legion and Veterans of Foreign Wars serve as Page 129 of 155 Proposed 2015 Platform 28 unofficial community centers. Many of these facilities are not compliant with Americans with Disabilities Act accessibility standards, are not earthquake retrofitted, or have deteriorated in recent years due to declining membership and reduced rental revenues as a result of the economic downturn. The County will support legislation that would create a competitive grant program for veterans’ organizations, classified by the IRS as 501c19 non-profit organizations and comprised primarily of past or present members of the United States Armed Forces and their family members, to use for repairs and improvements to their existing facilities. 150. SUPPORT legislation that will improve the timeliness and quality of both VA benefits claim decisions and VA healthcare services. Specifically, legislation that works toward improving on the expedited processing of claims, providing VA healthcare, and administering of benefits to populations with unique needs, such as homeless Veterans, Women Veterans, and Veterans experiencing service related Posttraumatic Stress Disorder or service related Traumatic Brain Injury. Waste Management Issues 151. SUPPORT legislation that establishes producer responsibility for management of their products, including pharmaceuticals and veterinary medicine, at the end of their useful life. 152. SUPPORT efforts to increase the development of markets for recycled materials. 153. SUPPORT legislative and regulatory efforts to allow third parties, under specific circumstances and conditions, to collect and transport household hazardous waste to collection facilities. 154. SUPPORT legislation that seeks to remedy the environmental degradation and solid waste management problems on a State-wide basis of polystyrene containers and single- use plastic bags typically given away for free at grocery, retail and other establishments. 155. SUPPORT legislation that does not require increased diversion from landfills without out an adequate funding mechanism. 156. 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. 157. 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 Page 130 of 155 Contra Costa County 29 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 became law on January 1, 2013 and prohibits 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 importation of waste to privately- operated landfills, a host County that receives a significant amount of waste from outside the 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 for 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 jurisdictions within that County. 158. SUPPORT legislation that can reduce the amount of harmful pharmaceuticals (including veterinary medicine) that ultimately enter waste water treatment facilities, bodies of water, and landfills. 159. 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. 160. 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. In litigation where the County sought to protect its solid waste franchise authority for unincorporated areas the court awarded 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 disposal of solid waste generated in these areas. Page 131 of 155 LEGISLATION COMMITTEE 6. Meeting Date:11/06/2014   Subject:Draft 2015 Federal Legislative Platform Submitted For: LEGISLATION COMMITTEE,  Department:County Administrator Referral No.: 2014-40   Referral Name: Draft 2015 Federal Legislative Platform  Presenter: L. DeLaney Contact: L. DeLaney, 925-335-1097 Referral History: 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. In October, departments were invited to provide suggested changes to the Federal Platform by submitting input in writing. The Legislation Committee typically reviews the draft document in December of each year, with the Final Draft document recommended to the Board of Supervisors for adoption in January.  Referral Update: Recommendation(s)/Next Step(s): REVIEW the Proposed 2015 Federal Legislative Platform, provide direction to staff on any recommended changes, and RECOMMEND action to the Board of Supervisors.  Attachments 2015 Proposed Federal Platform Page 132 of 155 Adopted 2014Proposed 2015 Federal Platform ADOPTED 2014Proposed 2015 FEDERAL LEGISLATIVE PLATFORM Contra Costa County Page 133 of 155 2 As amended June 24, 2014 and September 9, 2014 20142015 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 20142015 Federal Legislative Platform identifies 10 funding needs for FFY 20152016; 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 President’s budget, with lower priority to Army Corps of Engineers projects which may be in the budget. Also, Army Corps project requests will be adjusted to be consistent with Corps capability. 1. Delta LTMS-Pinole Shoal Management, CA – $3,000,000 $4,500,000 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 FFY 2011-2013; $930,000 FFY 2014since.) 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 using 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 performance, and substantially contributes to the high cost of law enforcement, civil/criminal justice and social services. Exposure to domestic violence is Comment [VT1]: Ryan Hernandez: “Based on the request for $2.5m for FY ‘15; and $2m for President’s budget FY ’16.” Comment [VT2]: Per Ryan Hernandez Page 134 of 155 Adopted 2014Proposed 2015 Federal Legislative Platform Contra Costa County 3 associated with greater rates of substance abuse, 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 cleanup project at the source and downstream area of 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 stakeholders through an open community-based process. The Corps initiated a Technical Planning Process in June 2008 to develop a preliminary remediation plan, identify applicable permit and environmental data requirements and complete a data collection and documentation program for the clean-up of the area impacted by 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. 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.) 6. Suisun Bay Channel/New York Slough Maintenance Dredging – $11,000,000 $8,700,000 for the Army Corps of Engineers for maintenance dredging of this channel to the authorized depth of minus 35 feet. Continued maintenance is essential for safe transport of crude oil and other bulk materials through the San Francisco Bay, along the Carquin ez 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; $2.715 million FFY 2012; $2.495 million for FFY 2013; $2.026 million for FFY 2014 .) 7. San Pablo/Mare Island Strait/Pinole Shoal Channel Maintenance Dredging – $2,500,000 $8,400,000 for the Army Corps of Engineers for maintenance dredging of the channel to the Comment [VT3]: Per Mitch Avalon Formatted: Highlight Comment [VT4]: Ryan Hernandez: “Based on our ask for $4.2m for FY ’15 Work Plan; and $4.5m for FY ’16 President’s Budget.” Formatted: Highlight Comment [VT5]: Per Ryan Hernandez Formatted: Highlight Comment [VT6]: Ryan Hernandez: “Based on our ask for $4.9m for FY15 Work Plan; and $3.5m for FY’16 President’s Budget.” Page 135 of 155 4 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; $3.402 million for FFY 2012; $499,000 for FFY 2013; $780,000f or FFY 2014.) 8. San Francisco to Stockton (J. F. Baldwin and Stockton Channels) Ship Channel Deepening – $2,900,000 $2,700,000 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 oneThis work focused on establishing economic benefit to the nation and initial salinity modeling in the channel sections. The second and final phase following steps includes detailed channel design, environmental documentation, cost analysis, additional modeling, and dredged material disposal options. This project continues to have enormous implications for oil refineries, ports, and other industries that depend on safe ship transport through the channel. (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; $1,546,900 million for FFY 2013; $800,000 for FFY 2014.) 9. 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 narrow, barely allowing two vehicles to pass each other, and is aligned on a difficult angle relative to the highway on either side, requiring motorists to make sharp turns onto and off of the bridge. The project would improve safety and traffic flow over the bridge. (Note: no appropriations for this project as yet.) 10. 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 Safe, Accountable, Flexible and Efficient Transportation Equity Act – A Legacy for Users (SAFETEA-LU), expired in 2009. SAFETEA-LU was renewed on ten occasions until the new program, Moving Ahead for Progress in the 21st Century (MAP-21) - a two year bill – was signed into law on July 6, 2012. MAP-21 is a 27-month bill that will expire September 30, 2014. 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 Formatted: Highlight Comment [VT7]: Per Ryan Hernandez Formatted: Highlight Comment [VT8]: Ryan Hernandez: “This is equal to our ask for funding in the letter to the OMB and ASA.” Formatted: Highlight Formatted: Highlight Formatted: Highlight Comment [VT9]: Per Ryan Hernandez Page 136 of 155 Adopted 2014Proposed 2015 Federal Legislative Platform Contra Costa County 5 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 proposed improvements will complement a $10 million completed project that was funded with American Recovery and Reinvestment Act funds. 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 concrete 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 Regional Trail, stimulate economic development in the industrial area of the community and provide a better route for trucks traveling to and from the Richmond Parkway. Several potential alignments have been identified, one of which was developed through a community planning process funded through an Environmental Justice planning grant from Caltrans. 3. Eastern Contra Costa Trail Network -- $10 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 ($6 million); (2) Contra Costa segments of the Great California Delta Trail ($3 million); and (3) a transit supportive network of East Contra Costa trails in unincorporated County areas and the cities of Antioch, Brentwood, Oakley and Pittsburg ($1 million). 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) Page 137 of 155 6  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 and safer roads that can better 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 widenings (turn lanes, clear zone/recovery areas, etc.), realignments, 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 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.  Surface Transportation Program/Highway Bridge Funding – The County supports the continuation of funding levels consistent with the Highway Bridge funding program in previous transportation funding bills 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, inter-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. A new WRDA bill is anticipated in 2014. 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 Comment [VT10]: Section deletion, per Paul Schlessinger. Page 138 of 155 Adopted 2014Proposed 2015 Federal Legislative Platform Contra Costa County 7 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 Abandoned Mine Site program (RAMS), to perform and complete the Technical Planning Process and site characterization of the Mt. Diablo Mercury Mine in Contra Costa County as a demonstration project with no local match, and authorize the Army Corps of Engineers to construct the clean-up project at the Mt. Diablo Mercury Mine. This 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. A 1995 study of Marsh Creek indicated the Mt. Diablo Mercury Mine tailings are responsible for 88% of the mercury in Marsh Creek. In addition, mercury levels in fish in Marsh Creek Reservoir downstream of the mine exceed the health standard concentration of 0.5 ppm. 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 among the most important in the nation, providing a source of drinking water for more than 25 million people, supporting a $28 billion agricultural industry, and fostering a thriving commercial and recreational fishing industry that contributes millions to the California and national economies. The 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 the Delta. Because of the importance of the Delta to the nation’s agriculture and economy, the request includes a modification of the Federal/local cost share to 90% federal and 10% local. 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 channel was designed and constructed to provide adequate flood protection for the community of Rodeo and to control erosion of the creek. The channel currently does this, but requires extensive, environmentally insensitive maintenance to keep the channel functioning properly. In addition, the current channel design includes barriers to migration of anadromous fish. The Contra Costa Flood Control and Water Conservation District would like to partner again with the Corps of Engineers under the Corps' 1135 program to transform this outdated design into a sustainable, environmentally sensitive facility that better serves the community and the environment. Page 139 of 155 8 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 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. 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 (including potential replacement of the 60 year old control tower). 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 and full build out of the airport as shown in the Master Plan is dependent upon utility and 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. Page 140 of 155 Adopted 2014Proposed 2015 Federal Legislative Platform Contra Costa County 9 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 public 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 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 Lanes – $4.5 million for constructing northbound and $20 million for constructing 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 $4.5 million will close a funding gap and augment secured funding: $6 million in Measure J (local sales tax measure) funds and $2.6 million in State Transportation Improvement Program funds. The $20 million is the total cost of the southbound truck climbing lane segment. 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. 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 $35.5 million from the Cooperative Endangered Species Conservation Fund in the past seven eight years and continuing this grant support is of vital importance to the successful implementation of that Plan. The County will pursue increasing appropriations to the Fund in partnership with numerous counties in northern and southern Comment [VT11]: Per Abigail Fateman Page 141 of 155 10 California and will support requests of the California Habitat Conservation Planning Coalition to increase the Fund up to $85 million. The County will also request that the California State Association of Counties (CSAC) include this Fund increase as a priority on CSAC’s federal platform. San Francisco Bay 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. 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. 20142015 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. 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 Page 142 of 155 Adopted 2014Proposed 2015 Federal Legislative Platform Contra Costa County 11 development agencies, including public housing authorities. As the present recent home mortgage crisis demonstrates, homeownership is not for everyone. While we value and support the role that homeownership plays in meeting affordable housing needs, any new production program should prioritize efforts to address our nation’s acute shortage of affordable rental housing. Agricultural Pest and Disease Control – Agriculture and native environments in Contra Costa County continue to be threatened by a variety of invasive/exotic pests, diseases and non-native weeds. The Federal government provides funding for research, regulation, pest exclusion activities, survey and detection, pest management, weed control, public education and outreach. The County will support funding in all these areas for protection of our agricultural industry and open space. Consistent with the policy position, the County will also support legislation which would authorize and direct the USDA to provide state and local funding for High Risk Prevention programs (also called Pest Detection Funding). Beneficial Use of Dredged Materials – As the beneficial reuse of dredged materials has a clear public benefit, particularly in the Delta, the County will continue to support beneficial reuse in general and also continue to advocate for funding for a federal study to determine the feasibility of beneficial reuse, considering the benefits and impacts to water quality and water supply in the Delta, navigation, flood control damage, ecosystem restoration, and recreation. The study would include the feasibility of using Sherman Island as a rehandling site for the dredged material, for levee maintenance and/or ecosystem restoration. Language to authorize the study was included in the Water Resources and Development Act (WRDA) which was passed into law on November 8, 2007. Child Care – Research continues to show that quality, affordable childcare is a necessity to ensuring a family’s stability and economic success. Currently in Contra Costa County, there are over 10,000 low-income children eligible for affordable childcare services, yet only 29% of that need is met. Research also shows that in addition to a child’s long -term success with school and employment, investing in high-quality early care and education results in a higher than average return on investments in the areas of crime reduction and positive health, education and economic outcomes. With regards to childcare, the County will support the President’s “Preschool for All” Initiative meant to close America’s school readiness gap and ensure all children have access to quality care by expanding high quality learning opportunities for children 0-5. This proposal includes:  An increase of over 100,000 new childcare slots and $12 billion over the next 10 years;  A focus on children and their families who are at or below 200% of poverty;  Financing through a new cost-sharing partnership with states, already a proven successful model with Head Start in Contra Costa County. The County will also advocate for the following federal actions: Comment [VT12]: Per Bob Calkins, DCD. Page 143 of 155 12  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. Child Support –The County will advocate for the following federal actions:  Eliminate the $25 fee for non-IV-A families.  Restore the incentive match payments that were prohibited in the Deficit Reduction Act.  Allow the automatic use of cash medical support to reimburse Medicaid expenditures.  Allow IV-D agencies to access Health Insurance records for the purposes of Medical Support. Child Welfare and Well-being –The County will advocate for the following federal actions:  Provide states with financial incentives, as opposed to monetary penalties, under the Child and Family Services Reviews and minimize the significant administrative burden associated with the review process.  End Title IV-E disallowances from federal audits that take away funds from an already resource-strapped child welfare system. Allow states to reinvest these funds in preventing child abuse and neglect.  Increase prevention dollars to help maintain children safely in their own homes. Federal funding currently gives disproportional support to out-of-home care rather than to preventing children from coming into care.  Any increase in Federal Medical Assistance Percentage should include an associated increase in the Title IV-E matching rate to help support children in foster care. Community Development Block Grant and HOME Programs – The County’s ability to continue 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 Page 144 of 155 Adopted 2014Proposed 2015 Federal Legislative Platform Contra Costa County 13 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. 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. Delta Water Platform To protect the Sacramento-San Joaquin Delta from various detrimental forces that are affecting its health and resources, it is the policy of Contra Costa County to support implementation of projects and actions that will help improve the Delta ecosystem and the economic conditions of the Delta. Contra Costa County has developed a Delta Water Platform to identify and promote activities and policy positions that support the creation of a healthy Sacramento -San Joaquin Delta. Contra Costa County will use this Platform to guide its own actions and advocacy in other public venues regarding the future of the Delta. The Delta Water Platform is comprised of twenty subject areas. Each of these subject categories contains relevant policies and background explanatory language. The policies and background information can be found in the Delta Water Platform, which is included in this document by reference. Comment [VT13]: Per Ryan Hernandez. “Since the Board recently approved Delta Water Platform, I think it’s more clear to include the Delta Water Platform by reference rather than having the individual policy issues outlined ensuring all of the Platform is captured.” Page 145 of 155 14 Designation of Indian Tribal Lands and Indian Gaming – The Board of Supervisors has endorsed the California State Association of Counties’ (CSAC) policy documents regarding development on tribal land and prerequisites to Indian gaming. These policy statements address local government concerns for such issues as the federal government’s ability to take lands into trust and thus remove them from local land use jurisdiction, absent the consent of the state and the affected county; the need for tribes to be responsible for all off-reservation impacts of their actions; and assurance that local government will be able to continue to meet its governmental responsibilities for the health, safety, environment, infrastructure and general welfare of all members of its communities. The County will continue to advocate for federal legislation and regulation that supports the CSAC policy documents. The County will also advocate for limitations on reservation shopping; tightening the definition of Class II gaming machines; assuring protection of the environment and public health and safety; and full mitigation of the off-reservation impacts of the trust land and its operations, including the increased cost of services and lost revenues to the County. The County will also advocate for greater transparency, accountability and appeal opportunities for local government in the decision-making processes that permit the establishment of Indian gaming facilities. This includes sequencing the processes so that the Indian Lands Determination comes first, prior to initiation of a trust land request and associated environmental review. The County will also consider support for federal 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., all counties must operate the specific program under the same rules and regulations. This can hamper the County’s ability to meet local needs, to be cost effective and to leverage the funding of one program to reduce costs in another program. Contra Costa County cannot negotiate for federal waivers or do things differently because it is not a state, yet its population is greater than seven states. Recognizing this is a very long-term effort, the County will advocate for relaxation of the “statewideness” rule to allow individual counties or a consortium of counties to receive direct waivers from the federal government and/or adopt the rules and regulations currently in use in another state for specific programs. Page 146 of 155 Adopted 2014Proposed 2015 Federal Legislative Platform Contra Costa County 15 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 climate 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 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) in 2012, 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. 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 legislation 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 Page 147 of 155 16 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 efficiency, 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 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 renewals 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 Page 148 of 155 Adopted 2014Proposed 2015 Federal Legislative Platform Contra Costa County 17  Capitalize the Housing Trust Fund through a revenue-neutral approach  Preserve and strengthen the Low Income Housing Tax 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  Eliminate statutory and regulatory barriers that prevent PHAs and redevelopment authorities from accessing federal programs they are qualified 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 usually capped, regardless of actual costs. For retiree and retiree health care, the County’s ability to contain costs is extremely limited. The County will advocate for full federal financial participation in funding the County’s retiree and retiree health obligations. San Luis Drain – The U. S. Bureau of Reclamation is under a court injunction to evaluate and implement options for providing drainage services for the west side of the San Joaquin Valley. Drainage water from this area contains toxic concentrations of selenium and other hazardous substances. The San Luis Drain is one of the options 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 Congres s would need to appropriate the funds before this alternative could be implemented. 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 with severe drainage impairment (purchased from willing sellers); and reclaiming/removing solid salts through treatment, bird safe/bird free solar ponds and farm-based methods. State Criminal Alien Assistance Program (SCAAP) – On May 23, 2012, 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 Comment [VT14]: Ryan Hernandez: “As requested by John K.” Page 149 of 155 18 housing undocumented individuals, including those inmates whose status may be unknown to the Department of Homeland Security. 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 corrections 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 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 Page 150 of 155 Adopted 2014Proposed 2015 Federal Legislative Platform Contra Costa County 19 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 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 verification plan penalties for fiscal years 2007, 2008, 2009 and 2010 in recognition of the serious downturn in the national economy and the succession of more “process-based” regulations issued in the last few years.  Permanently withdraw the August 8, 2008, proposal that would have repealed the regulation that enables states to claim caseload reduction credit for excess MOE expenditures.  Rescind the May 22, 2008, HHS guidance that effectively eliminated the ability of states to offer pre-assistance programs to new TANF applicants for up to four months.  Rescind the final Deficit Reduction Act regulation restricting allowable state maintenance-of-effort expenditures under TANF purposes 3 and 4. Page 151 of 155 20  End federal efforts to impose a national TANF error rate. Veterans Benefits – The County will support legislation to increase availability, accessibility, and utilization of Veterans Benefits. Within Contra Costa County, Veterans’ health care is provided by the VA Martinez Clinic, a division of the VA Northern California Healthcare System. Currently, access to enrollment in the VA healthcare system is limited to Veterans with a Service Connected disability of greater than 10%, special eligibility criteria (Purple Heart, former POW, Iraq & Afghanistan Vets within 5 years of discharge, etc.), and to Veterans with an annual gross income less than a geographically based threshold. Currently, VA emergency services are not available after hours or during weekends. The nearest VA emergency room is nearly 34 miles away from the VA Martinez Clinic. The County will support legislation that would expand enrollment eligibility (such as removing the income limit criteria) to all Veterans with an honorable discharge. Furthermore, the County will support legislation that would establish 24 hour VA emergency services at the VA Martinez clinic. In addition, the County will support legislation that will improve the timeliness and quality of both VA benefits claim decisions and VA healthcare services. Specifically, legislation that works toward improving on the expedited processing of claims and administering of benefits to populations with unique needs, such as homeless Veterans, Women Veterans, and Veterans experiencing service related Posttraumatic Stress Disorder. Veterans Halls – The County will support legislation to provide America’s veterans organizations with resources to make necessary repairs to or replacement of their meeting halls and facilities. Across America, the meeting halls and posts of Veterans Service Organizations such as the American Legion and Veterans of Foreign Wars serve as unofficial community centers. Unfortunately, many of these facilities are not compliant with Americans with Disabilities Act accessibility standards, are not earthquake retrofitted, or have deteriorated in recent years due to declining membership and reduced rental revenues as a result of the economic downturn. The County will support legislation that would create a competitive grant program for veterans’ organizations, classified by the IRS as 501c19 non-profit organizations and comprised primarily of past or present members of the United States Armed Forces and their family members, to use for repairs and improvements to their existing facilities. 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 Page 152 of 155 Adopted 2014Proposed 2015 Federal Legislative Platform Contra Costa County 21 governments access to these schedules and provides the option of purchasing law enforcement, security, and other related items at favorable GSA reduced pricing. Water Quality, Quantity and Delta Outflow – Congress may consider legislation that could adversely affect water quality, quantity and flows in the Sacramento-San Joaquin Delta to the detriment of the County residents, economy and resources. The Board of Supervisors will rely on its adopted Delta Water Platform and adopted resolution on Water, Ecosystem Health and other Issues Related to the San Francisco Bay and the Sacramento –San Joaquin River Delta (No. 2012-46) to determine the appropriate response to federal legislative issues brought to the Board’s attention. Workforce Investment Act (WIA) Reauthorization – Congress may again consider reauthorization of the Workforce Investment Act in 2014. The County will support reauthorization of the Workforce Investment Act at current funding levels or higher; keeping the program at the federal level rather than block granting it; maximizing local control, so that we can meet local needs; and establishing reasonable performance measures. In addition, any reauthorization or new workforce legislation should: retain private sector led state and local Workforce Investment Boards (local boards) as governing bodies; expand, enhance and simplify the WIA Youth Program; redesign the Dislocated Worker program to reflect the new economy; and redesign how the funding of One-Stop facilities is structured. Comment [VT15]: Per Ryan Hernandez Comment [VT16]: Stephen Baiter: “Drop WIA reauthorization from the Federal platform… a new law was passed in July. Expect to have more input later this calendar year as the WDB Executive Committee finalizes its own statement of principles.” Page 153 of 155 LEGISLATION COMMITTEE 7. Meeting Date:11/06/2014   Subject:Election Roundup: Statewide Ballot Measures Matter to Counties Submitted For: LEGISLATION COMMITTEE,  Department:County Administrator Referral No.: 2014-24   Referral Name: Statewide Ballot Measures  Presenter: L. DeLaney Contact: L. DeLaney, 925-335-1097 Referral History: CSAC has prepared a summary of statewide ballot measures and their anticipated impacts on counties. Referral Update: Coming Election Big for State and Counties The election on Tuesday, November 4 is a big deal. For many county supervisors, of course, the election is personal. But voters will also decide on a new water bond, whether the Democrats will retain or even exceed their supermajorities in the Senate and Assembly, as well as a number of ballot measures that could have significant effects on counties. Not to mention the 265 local revenue and bond measures. The makeup of the California Legislature is up in the air in this election, in two different ways. Democrats gained 2/3 control of both houses after the 2012 election, but were unable to capitalize on it due to a few senators being relieved of their seats. This year, Republicans will try to wrestle back enough seats to break the Democrats’ supermajority, while the Dems will try to strengthen their hold. If they can gain even more seats, it would allow them to pass 2/3-vote measures while allowing members in close districts to avoid voting for anything too controversial. At this point, a number of seats, especially in the Assembly, could go either way. It’s all about turnout. Worth at least as much attention is the incredible number of same-party races on the ballot. Out of the sixty-one state legislative races, nineteen of them are between members of the same party. That’s amazing! At least eleven of those nineteen are competitive. Voters will have a strong hand in deciding just how moderate the Legislature becomes, as the top-two primary system seems to be working just as voters intended. Of course, whether voters really know what they intend is still up for debate… Many of the statewide ballot measures will have an effect on all counties. Proposition 1, the water bond, will provide $7.1 billion in new bonds (plus $400 million in repurposed bonds voters already approved) for water storage, groundwater management, water recycling, river flows, storm water capture, and flood management. CSAC supports Proposition 1. Proposition 2 would implement a new rainy day fund for the state, requiring greater annual Page 154 of 155 contributions, limiting the circumstances under those contributions can be waived, and restricting withdrawals from it. It also raises the maximum size of the fund and would help pay off the state’s existing debt faster, including debt owed to counties. CSAC supports Proposition 2. Proposition 46 would more than quadruple the cap on pain-and-suffering damages in medical negligence suits. It would also require health care practitioners to report any doctor they suspect of drug or alcohol impairment, and require random drug tests of doctors. Finally, it would require doctors to consult a prescription drug history database before prescribing pain killers and other drugs. If passed the cost of providing medical services will go up considerably, costing the state and local agencies tens or hundreds of millions of dollars annually. CSAC opposes Proposition 46. Proposition 47  would require misdemeanor sentences instead of felony sentences for a wide range of crimes, including grand theft of under $950, fraud for less than $950, and drug possession. If the offender was previously convicted of a serious, violent, or sex crime, a felony sentence would still be allowed. It would also allow resentencing for felons currently in prison for these reclassified crimes. The measure directs state savings to be directed mostly to mental health and drug programs, as well as K-12 schools and the crime victim compensation fund. CSAC opposes Proposition 47. (For more information about Prop. 47: http://www.voterguide.sos.ca.gov/en/propositions/47/ and http://www.latimes.com/local/politics/la-me-ff-pol-proposition47-20141012-story.html.) Aside from these statewide measures, local voters will decide on 265 local measures, including 113 school bonds, five county general tax measures, ten county special tax or general obligation bond measures, and 137 other school, city, and special district revenue measures. This is the highest number of local revenue measures on the ballot since at least 2006. More detailed information can be found at: Michael Coleman’s California City Finance (http://californiacityfinance.com/#VOTES).  Recommendation(s)/Next Step(s): Attachments No file(s) attached. Page 155 of 155