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
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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.
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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
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(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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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.
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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
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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
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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
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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
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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.
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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)
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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.
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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
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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.
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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.
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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
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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
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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
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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
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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
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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,
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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-
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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
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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
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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.
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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
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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.
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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.
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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.
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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.
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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
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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.
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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
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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.
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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.
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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.
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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
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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
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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
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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.
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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.
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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.
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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.
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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.
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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,
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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.
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Comment [VT3]: Per Jack Peterson, Health
Services.
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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.
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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.
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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.
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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.
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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
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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.
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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
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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.
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Comment [VT5]: Paul Buddenhagen: “Not
needed, already done”
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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.
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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.
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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
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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.
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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.
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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
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ordinance of the Board, separate the Public Administrator from the District Attorney, and
place the position with another County department.
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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.
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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%
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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.
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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
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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
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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
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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
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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.
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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
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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.
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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.
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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
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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.
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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.
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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.
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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
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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
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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
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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.
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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.
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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.
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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
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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.
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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:
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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.
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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.
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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.
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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
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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
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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.
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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%
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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.
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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,
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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.
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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
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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
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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.
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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
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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
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Adopted 2014Proposed 2015 Federal Legislative Platform
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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
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Adopted 2014Proposed 2015 Federal Legislative Platform
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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)
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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.
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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.
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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.
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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
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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
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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.
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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
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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.”
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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.
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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
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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
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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
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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
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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.
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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
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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.”
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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
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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.
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